[[--Translated text (es -> en)--]] Subject: Letter to ICANN Chairman Senate re China from: ron.baione@yahoo.com The Senate Letter to the ICANN Chairman re China: "UNITED STATES SENATE Sen. Ted Cruz Press Office FOR IMMEDIATE RELEASE Cruz Press Office: 202-228-7561 Rachael Slobodien: rachael_slobodien@cruz.senate.gov Phil Novack: phil_novack@cruz.senate.gov March 3, 2016 Cruz, Lankford, and Lee Raise New Concerns About Authoritarian ICANN's Relationship With China Senators send letter to ICANN Chairman Dr. Stephen Crocker WASHINGTON, DC -. (. R-Okla) US Sens Ted Cruz (R-Texas), James Lankford, and Mike Lee (R-Utah) today sent a letter to the Internet Corporation for Assigned Names and Numbers (ICANN) Chairman Dr. Stephen Crocker, ICANN outlining new Concerns That May Have a direct operational relationship with the Chinese government and Its Implications for an Internet potential That transition is expected to approve ICANN in Morocco next week. Today's letter to Dr.Follows a letter Crocker Cruz, Lankford, and Lee sent to ICANN Fadi Chehade'S CEO last month. The letter to Mr. Chehade Stated Concerns and serious Requested Information Regarding His Involvement With The World Internet Conference, organized by the Chinese government, a regime notorious for censorship of the Internet ITS and criminalization of forms of online speech. "Last month, we sent you a letter Stating our Concerns Regarding ICANN Fadi Chehade CEO's participation in the Chinese-government-sponsored World Internet Conference," the senators wrote today. "Mr. Resulted Chehade's participation in an agreement to co-chair a high-level advisory committee for the conference, Which Could make ICANN complicit in the Chinese censorship regime. Since sending our letter, additional evidence has come to light suggesting That ICANN's relationship With the Chinese government May be a systemic problem Within the organization itself and not limited to individual single. " . Read the latest letter from Sens Cruz, Lankford, and Lee to ICANN Officials in Its entirety here and below: March 3, 2016 Dr. Stephen D.Crocker Chairman of the Board of Directors Internet Corporation for Assigned Names and Numbers (ICANN) 12025 Waterfront Drive, Suite 30 Los Angeles, CA 90094-2536 Dear Dr. Crocker, Last month, we sent you a letter Stating our Concerns Regarding ICANN Fadi Chehade CEO's participation in the Chinese-government-sponsored Internet World Conference. Mr. Chehade's participation Resulted in an agreement to co-chair a high-level advisory committee for the conference, Which Could make ICANN complicit in the Chinese censorship regime. Since sending our letter, additional evidence has come to light suggesting That ICANN's relationship With the Chinese government May be a systemic problem Within the organization itself and not limited to individual single. A review of the past few years reveals ICANN That May Have a direct operational relationship With the Chinese government. As you know, in April 2013, ICANN public meeting hosted ITS 46th in Beijing. According to your remarks, one of the hosts of ICANN's meeting was Mr. Shang Bing, Vice Minister of the Ministry of Industry and Information Technology.As you must be aware, the Chinese government's Ministry of Industry and Information Technology (MIIT) is not only central component of China's censorship regime, but it has pressured American companies: such as IBM, Microsoft, and Apple to reveal Their products' proprietary source Officials ministry to code. Just recently, MIIT issued new regulations will restrict foreign companies That, Including Those based in the United States, from sharing digital content ranging from text to video to games. NEVERTHELESS, ICANN CEO Fadi Chehade Stated in His opening remarks, "China is going to be the central part of the Internet community Where, as we know it, is heading. And, Therefore, in my clear discussions With the Local responsible Ministers, That from ICANN's standpoint, China is not engagement With an option. It is not an option. If we do not engage With China at every level of our community, we, frankly, lose a part of our overall legitimacy. We must and we will.And that's why we're here today. " In Addition, ICANN During the meeting Announced That it would open first engagement ITS Global office in Beijing, Which would be Undertaken by the China Internet Network Information Center (CNNIC) -an organization That has not only censorship but Chinese Helped Implement is led by the Director of the Bureau of Telecommunications Regulation Which is a part of MIIT.At the time of the announcement, Madame HU Qiheng, Honorary Chairman of CNNIC's Steering Committee Stated That the "ICANN Engagement Center-Beijing would be not only a new link for ICANN to better Develop and Promote China's Internet community, but Also a new platform for China's Internet community to better Contribute to the development of the global Internet. " The establishment of an official ICANN office in Beijing is extremely Concerning and raised red flags Should Have Within the United States Government.Especially Considering CNNIC's statement That it would "invest Necessary human and materials resources in the construction of the center and Actively carry out ITS functions Including the coordination, communication, as well as operation in order to Provide effective, long-term and stable services for ICANN China's Internet to serve industry. " To further put esta decision into context, at the time of the announcement, Freedom House, an independent watchdog organization dedicated to the expansion of freedom and democracy around the world, RANKED China in Their report "Freedom on the Net 2013" just above Iran and Cuba on Internet freedom. And since ICANN ITS Engagement Center opened in Beijing, China's record on Internet freedom has Declined RANKED and was last in the world in 2015. The following year, in June 2014, just three months after the Obama Administration Announced intent to transition ITS Internet domain name key functions away from United States oversight, ICANN public meeting held ITS 50th in London, England. During the meeting, ICANN invited Lu Wei, Minister of the Cyberspace Administration of China, to Provide an address During the opening ceremony.According To His official resume, Lu Wei Also Serves as the vice chair of the Central Propaganda Department. "The Chinese government Also Announced in December 2014 That Lu Wei would Become the new chairperson of CNNIC-the very organization That HAD Claimed to be operating ICANN's Global engagement office in Beijing. Given Wei's main role Within the Chinese government, it is not surprising That've supports the Obama Administration's plan to end United States Government oversight and further globalize ICANN. Repeating a pattern similarly to the 2013 meeting in Beijing, Once Again ICANN chose to further align itself With the Chinese government. During the London meeting, ICANN Announced That It had signed a Memorandum of Understanding With the China Academy of Telecommunication Research (CATR), Which is a unit of MIIT and is the official think tank of the Chinese government.In the announcement, ICANN CEO Fadi Chehade Stated, "This marks another milestone in ICANN's globalization Efforts after we established our first engagement center in Beijing last April ... .This partnership is a testament to how China-a country With over one fifth of the global the Internet population and a vibrant Internet industry-can engage and Contribute in the ICANN the global community. "a few of the Stated Objectives of the Memorandum of Understanding are to Promote the Chinese community's participation in ICANN, align academic and public research, and improve increase ICANN's Communication with Chinese Communities and deepen the understanding of ICANN by the Chinese government, media and, industry. This history leads us to a more recent issue That Is Currently under consideration by ICANN. XYZ.COMLLC ( "XYZ"), a US based registry operator, you Submitted to Registry Services Evaluation Policy (RSEP) seeking approval request to ICANN to Become the first foreign registry to operate Within China.If ICANN's Board of Directors Approves esta request, it will allow XYZ to Become a performer With China's complicit censorship regime. For example, XYZ will Have to Comply with Article 27 of Chinese Internet domain name regulations, China's Constitution, and all other applicable laws, rules, and regulations pertaining to administrative Internet domain names.According To Article 27, any domain name registered or used by any organization or individually Shall not include content That "Against the basic principles are prescribed in the Constitution; jeopardize national security, leak state secrets, intend to overturn the government or disrupt of state integrity; harm national honor and national interests; instigate hostility or discrimination Between different nationalities, or disrupt the national solidarity; violate the state religion policies or propagate cult and feudal superstition; spread rumors, disturb public order or disrupt social stability; spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes; insult, libel Against others and infringe other people's legal rights and interests; or other contents prohibited in laws, rules and administrative regulations. " Furthermore, XYZ will Also have to Comply with Article 34 and Article 35 of the Chinese Internet domain name regulations.Article 34 states That, "[i] n case the domain name is in violation of the Provisions and the Relevant laws and regulations," XYZ "shall delete it and notify the domain name holder in written form." Additionally, Article 35 states the That requirement "Domain Name Registry and Domain Name Registrars Have the obligation of conducting inspection website in concert with the national governing Departments, and request to suspend or cease the resolution of the domain name service concerned." There is additional concern ICANN's Generic Names Within Supporting Organization ( "Business Constituency"), the business constituency group Which dealer to commercial users of the Internet Within ICANN. The Business Constituency has raised Concerns That's RSEP aspects of XYZ are too vague and need additional clarification. For example, the term "Chinese registrant" is too broad and Could Be Interpreted to allow the extraterritorial application of Chinese censorship law to include residents of Hong Kong, a special administrative region Within the People's Republic of China.The Business Constituency Also emphasized That "government-sponsored censorship of domain names for political purposes undermines a stable ecosystem That Internet Promotes end-user confidence as a safe place to conduct business. Also it limits the free flow of data and information, on Which business users of the Internet rely in delivering services to end users. " We Know That XYZ will Comply with Chinese law. Indeed, it Affirmed in Its initial commitment esta RSEP, Which was filed on ICANN With October 9, 2015. Even though esta RSEP was pulled at a later date, it Described how to registry operator must Comply with foreign laws. In the RSEP, XYZ Stated, "if we receive a specific notification That the registration of the name is illegal in China, we will treat it the same as we treat any notification from any other government That a registration is illegal. Specifically, we will cancel the registration pursuant to our anti-abuse policies Which allow us to'cancel, ... any registration or transaction ...to Comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process. ' This is identical to our current treatment of complaints from Governments acerca illegal domain name registrations. " It is deeply troubling That would put ICANN registry operators in a position of becoming an Actor Within the Chinese censorship regime. There is concern That this action Could be an example of ICANN's desire to build a close relationship With the Chinese government Which Could continue to move in a troubling direction eleven the United States Government ends ITS oversight.These Concerns Were recently confirmed by a member of the Non-Connected Party House's (NCPH) Commercial Stakeholder Group WHO participated in a Meeting with ICANN in February 2016 and Stated, "The ICANN board wants to engage more With China and India following the IANA transition , Which Explains the somewhat board's decision not to take action Against Chehade. " In order to gain a better understanding of the potential implicaciones of ICANN's relationship With the Chinese government and Its Impact on the Internet Assigned Numbers Authority (IANA) transition, we request that you 'Provide a response to the following questions as soon as possible, but no later than 9:00 a.m. on Friday, March 11, 2016. 1. Please state When you first ICANN CEO Learned Fadi Chehade That HAD Agreed to co-chair a high-level advisory committee for the Chinese government's state-sponsored World Internet Conference. to. Please provide a yes-or-no answer to the following question: Did you Fadi Chehade's Agree with decision to co-chair a high level advisory committee for the World Internet Conference? b.Did ICANN's Board of Directors Fadi Chehade's approve of decision to co-chair a high level advisory committee for the World Internet Conference? c. Did any member of ICANN's Board of Directors Fadi Chehade ask to step down from His position as CEO and President of ICANN? d. Please provide the meeting minutes, attendance records, and all other documents Associated With ICANN's Board of Directors' meeting (s) with Fadi Chehade in Which His commitment to co-chair a high level advisory committee for the World Internet Conference was discussed. 2. Please provide a yes-or-no answer to the following question: It Has Been Reported That ICANN's Board of Directors Took no action Against Fadi Chehade Because "[t] he view Eventually prevailed That not reactive action Should be taken lest China lose face. "Did refrain from ICANN Fadi Chehade Against taking action due to concern That China May lose face? 3.Fadi Chehade has-been called on to recuse himself from all discussions and Negotiations Pertaining to the IANA transition staff Given confirmed conflict of interest With the Chinese government. ICANN have taken any action to Ensure That Fadi Chade will recuse himself from the IANA transition? If not, Please describe the reason for ICANN's inaction. 4. During ICANN's 46th public meeting in Beijing, Fadi Chehade Stated, "China is going to be the central part of the Internet community Where, as we know it, is heading. And, Therefore, in my clear discussions With the Local responsible Ministers, That from ICANN's standpoint, China is not engagement With an option. It is not an option. If we do not engage With China at every level of our community, we, frankly, lose a part of our overall legitimacy. We must and we will. And that's why we're here today. "Do you Agree with the statement That ICANN will lose part of ITS Global legitimacy if it does not engage at every level With China of the community? 5.When ICANN Announced it was opening ITS Global first engagement office in Beijing, the China Internet Network Information Center (CNNIC) Stated That it would "invest Necessary human and materials resources in the construction of the center and Actively carry out ITS functions Including the coordination, . communication, as well as operation in order to Provide effective, long-term and stable services for ICANN to serve China's Internet industry "Please provide yes-or-no answers to the following questions: to. Did CNNIC invest human and materials resources in the construction of ICANN's overall engagement office in Beijing? b. CNNIC Is Actively carrying out the functions, coordination, communication, or operation of ICANN's overall engagement office in Beijing? c. Do any CNNIC or Individuals Associated With the Chinese government formally or informally Have a role in ICANN's overall engagement office in Beijing? 6. ICANN Currently lists the address for each office and engagement hub office on ITS website except for the engagement office in Beijing. Please provide the address of ICANN's engagement office in Beijing. 7. When Lu Wei, Minister of the Cyberspace Administration of China and Incumbent Vice Minister of the Central Propaganda Department, Assumed the role of the Chairperson of CNNIC in December 2014, ICANN did take any action to Ensure That overall ITS office in Beijing engagement was not being used to carry out censorship for the Chinese government? 8. Do you Agree with the Business Constituency's concern That the term "Chinese registrant" in XYZ's RSEP is too broad and Could Be Interpreted to allow the extraterritorial application of Chinese censorship law to include residents of Hong Kong? 9. Do you agree That's approval of XYZ XYZ RSEP will place in a position of Having to Comply with government-sponsored censorship of domain names for political purposes, Which will undermine a stable Internet ecosystem? 10. A member of the Non-Connected Party House's (NCPH) Commercial Stakeholder Group recently Stated, "The ICANN board wants to engage more With China and India following the IANA transition, Which somewhat Explains the board's decision not to take action Against Chehade. " to.Please describe ICANN's plans for engagement With China following IANA potential transition. b. Did ICANN's IANA post transition plans play any role With China in the decision not to take Fadi Chehade Action Against? We appreciate your cooperation in esta Very Important matter and look forward to your response at the above stated date and time. Please contact Sean McLean (Senator Cruz), Sarah Seitz (Senator Lankford), and Christy Knese (Senator Lee) of our staffs haver any questions Regarding this Request. Sincerely, [Signed by Senators Cruz, Lee and Lankford] cc: Mr. Fadi Chehade, Chief Executive Officer Internet Corporation for Assigned Names and Numbers The Honorable Lawrence E. Strickling, Assistant Secretary for Communications and Information, US Department of Commerce " Rum [[--Original text (es) http://mm.icann.org/transbot_archive/aef9e22e94.html --]]