[CCWG-Accountability] FW: Breaking: U.S. Government Funding Bill Delays IANA Transition

Wed Dec 10 20:34:18 UTC 2014

In case you're interested in my thoughts on this:
http://www.theregister.co.uk/2014/12/10/congress_attempts_to_disrupt_iana_transition_by_withholding_money/

Broadly: won't stop it but could make things tricky.

Kieren

On Wed, Dec 10, 2014 at 12:29 PM, Phil Corwin <psc at vlaw-dc.com> wrote:

>  In my view, and for what it is worth, simply letting the contract expire
> would not result in the IANA functions transferring to ICANN or a new
> counterparty entity such as Contract Co. ‎Some affirmative transfer of
> authority is required.
>
>  Sent from my BlackBerry 10 smartphone.
>
> Philip S. Corwin, Founding Principal
> Virtualaw LLC
> 1155 F Street, NW. Suite 1050
> Washington, DC 20004
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> Twitter: @VLawDC
>
> "Luck is the residue of design" -- Branch Rickey
>    *From: *Paul Rosenzweig
> *Sent: *Wednesday, December 10, 2014 3:23 PM
> *To: *'Steve DelBianco'; Phil Corwin; 'Accountability Cross Community'
> *Subject: *RE: [CCWG-Accountability] FW: Breaking: U.S. Government
> Funding Bill Delays IANA Transition
>
>  I am not even sure it does that much …
> http://www.lawfareblog.com/2014/12/congress-tries-to-stop-the-iana-transition-but-does-it/
>
>
>
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>
> *From:* Steve DelBianco [mailto:sdelbianco at netchoice.org]
> *Sent:* Wednesday, December 10, 2014 1:49 PM
> *To:* Phil Corwin; Accountability Cross Community
> *Subject:* Re: [CCWG-Accountability] FW: Breaking: U.S. Government
> Funding Bill Delays IANA Transition
>
>
>
> A reporter just asked about this, and here’s the answer I gave (speaking
> personally):
>
>
>
>  This policy rider is not an attempt to stop the transition, as far as I
> can tell.   It seems designed to prod NTIA to do a short extension of its
> current IANA contract, since it allows NTIA to resume using funds to plan
> the transition after September 2015.
>
>
>
> I don’t think this should alarm global stakeholders or the ICANN working
> groups already planning the IANA transition.  We have lots of work to do
> and aren’t depending on NTIA funds to help us.   And given the aggressive
> timelines we saw on yesterday’s initial call for the Accountability
> project, we may need the extra time an IANA extension would allow.
>
>
>
> —
>
> Steve DelBianco
>
> Executive Director
>
> NetChoice
>
> http://www.NetChoice.org <http://www.netchoice.org/> and
> http://blog.netchoice.org
>
> +1.202.420.7482
>
>
>
>
>
>
>
> On 12/10/14, 5:57 PM, "Phil Corwin" <psc at vlaw-dc.com> wrote:
>
>
>
> FYI—breaking news of relevance to the timeline for the work of this  CCWG
> ---
>
>
>
>
>
>
> http://www.circleid.com/posts/20141210_breaking_us_government_funding_bill_delays_iana_transition/
>
>
>
>
> http://www.internetcommerce.org/breaking-u-s-government-funding-bill-delays-iana-transition/
>
>
>
> *Breaking: U.S. Government Funding Bill Delays IANA Transition*
>
>
>
> On the evening of Tuesday, September 9th, Congressional leaders unveiled
> a 1,603 page, $1.01 trillion FY 2015 appropriations bill to fund the U.S.
> government through the end of September 2015. One provision of the omnibus
> bill would delay the IANA transition until after the September 30, 2015
> expiration of the current contract between the NTIA and ICANN.
>
> Language in the bill
> <http://docs.house.gov/meetings/RU/RU00/20141210/102799/BILLS-113rcp113-59pp.pdf>
> states:
>
> *SEC. 540. (a) None of the funds made available by this Act may be used to
> relinquish the responsibility of the National Telecommunications and
> Information Administration during fiscal year 2015 with respect to Internet
> domain name system functions, including responsibility with respect to the
> authoritative root zone file and the Internet Assigned Numbers Authority
> functions.*
>
> *(b) Subsection (a) of this section shall expire on September 30, 2015.*
>
> That language, a modified version of the “Duffy Amendment” that was
> contained in the House version of the National Defense Authorization Act,
> would allow NTIA to start spending funds on a transition after exercising
> its first option to extend the contract.
>
> In addition, the explanatory report language of the Commerce-Justice-State
> portion of the omnibus spending bill, in which the above language is
> contained, states the following:
>
> *Internet governance.-The agreement reiterates House and Senate language
> regarding the Internet Corporation for Assigned Names and Numbers (ICANN)
> and Internet Assigned Numbers Authority (IANA) matters and modifies Senate
> language by directing NTIA to inform appropriate Congressional committees
> not less than 45 days in advance of any such proposed successor contract or
> any other decision related to changing NTIA's role with respect to ICANN or
> IANA activities. In addition, NTIA shall submit a report to the Committees
> on Appropriations within 45 days of enactment of this Act regarding any
> recourse that would be available to the United States if the decision is
> made to transition to a new contract and any subsequent decisions made
> following such transfer of Internet governance are deleterious to the
> United States.*
>
> This language appears to require NTIA to inform Congress 45 days prior to
> extending the IANA contract or taking any other decision in regard to it;
> as well as to submit a report to Congress within 45 days after the spending
> bill’s enactment regarding whether the US would have any post-transition
> recourse if subsequent decisions were deleterious to the U.S.
>
> This final bill language has already been negotiated with and accepted by
> Senate Democratic and House Republican leaders and is likely to be enacted
> and sent to President Obama by the weekend. It is unlikely that the White
> House would veto the bill and risk a government shutdown over this IANA
> language (although other provisions could become sticking points between
> the Administration and Congress).
>
> Rumors were already circulating in Washington that NTIA was prepared to
> extend the current IANA contract by at least six months in recognition of
> the fact that it may be impossible for the ICANN community to design and
> stress test enhanced accountability measures by the end of the current
> contract term, much less have them in place by then. So the bill may have
> little effect on the actual timetable for the transition. It remains to be
> seen what reaction to its enactment comes from ICANN, the ICANN community,
> and other nations.
>
>
>
>
>
>
>
> *Philip S. Corwin, Founding Principal*
>
> *Virtualaw LLC*
>
> *1155 F Street, NW*
>
> *Suite 1050*
>
> *Washington, DC 20004*
>
> *202-559-8597 <202-559-8597>/Direct*
>
> *202-559-8750 <202-559-8750>/Fax*
>
> *202-255-6172 <202-255-6172>/cell*
>
>
>
> *Twitter: @VlawDC*
>
>
>
> *"Luck is the residue of design" -- Branch Rickey*
>
>
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