[CCWG-ACCT] FW: FY16 Appropriations Act Extends IANA Transition Freeze without DOTCOM Act

Nigel Roberts nigel at channelisles.net
Thu Dec 17 19:40:01 UTC 2015


No one appears to have an answer to my point of this morning.

Where is the money appropriated that they ARE spending?

On 12/17/2015 07:32 PM, Phil Corwin wrote:
> Several years ago, when the contract was being re-awarded, NTIA rejected
> ICANN’s initial application and solicited other applications. In the end
> it was re-awarded to ICANN. But if it had been transferred to another
> operator, ICANN’s contract  would have expired and it would clearly have
> had no authority to continue performing the functions. How is an
> expiration without re-award any different?
>
> In any event, NTIA’s public commitment is to go beyond a mere expiration
> and to engage in an active transfer to the global multistakeholder
> community.
>
> *Philip S. Corwin, Founding Principal*
>
> *Virtualaw LLC*
>
> *1155 F Street, NW*
>
> *Suite 1050*
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> *Washington, DC 20004*
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> *202-559-8597/Direct*
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> *202-559-8750/Fax*
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> *202-255-6172/cell***
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> **
>
> *Twitter: @VlawDC*
>
> */"Luck is the residue of design" -- Branch Rickey/*
>
> *From:*Jordan Carter [mailto:jordan at internetnz.net.nz]
> *Sent:* Thursday, December 17, 2015 2:24 PM
> *To:* David Post
> *Cc:* Phil Corwin; Steve DelBianco; Greg Shatan; Accountability Cross
> Community
> *Subject:* Re: [CCWG-ACCT] FW: FY16 Appropriations Act Extends IANA
> Transition Freeze without DOTCOM Act
>
> But ICANN isn't a widget maker. It regulates the top level of the
> Internet's DNS, albeit not as a regulator of the conventional type.
>
> Jordan
>
> On Friday, 18 December 2015, David Post <david.g.post at gmail.com
> <mailto:david.g.post at gmail.com>> wrote:
>
> At 08:36 PM 12/16/2015, Phil Corwin wrote:
>
> [SNIP]
> Respectfully, while I have heard the “just let the contract expireâ€
> scenario before I don’t buy it for three reasons.
>
> First, ICANN has been “hired†under the contract and when it expires
> it no longer has any right to manage IANA, no more than any other
> contractor has a right to keep performing the work it was doing after
> its contract terminates.
>
>
> Though it may not matter too much, I'm not sure that's strictly true ...
> Generally speaking, a government contractor DOES have the right to keep
> performing work it was doing under contract after the contract expires.
> If I am the recipient of a government contract to make widgets, or to
> conduct research, when the contract expires ordinarily I can go on
> making widgetsor conducting the research.  I think the same thing is
> true here.  Depending on exactly what you mean by "managing IANA," there
> is a great deal that ICANN now does under its contract with USG that it
> could simply continue to do when the contract expires.
>
> David
>
>
>
>
> Second, Secretary Strickling is already on the public record saying this
> in January 2015 about the FY 2015 prohibition, which is identical to the
> one in the FY 16 bill:
> /We take that seriously. Accordingly, we will not use appropriated funds
> to terminate the IANA functions contract with ICANN prior to the
> contract's current expiration date of September 30, 2015. Nor will we
> use appropriated dollars to amend the cooperative agreement with
> Verisign to eliminate NTIA's role in approving changes to the
> authoritative root zone file prior to September 30. On these points,
> there is no ambiguity.
> /That language puts on NTIA on record as viewing the transition as
> something that requires it to actively perform two separate actions.
>
> Third, and most important, the whole concept of the “transitionâ€
> includes NTIA transferring its role to the global multistakeholder
> community which has acquired adequate accountability powers, and that
> implies an active handoff and not a passive contract expiration.
>
> But we have lots of other lawyers and policy wonks on this list, so
> opinions may vary.
>
> Best regards, Philip
>
>
> *Philip S. Corwin, Founding Principal
> Virtualaw LLC
> 1155 F Street, NW
> Suite 1050
> Washington, DC 20004
> 202-559-8597/Direct
> 202-559-8750/Fax
> 202-255-6172/cell
>
> Twitter: @VlawDC
> *
> */"Luck is the residue of design" -- Branch Rickey
> /*
> *From:* Steve DelBianco [mailto:sdelbianco at netchoice.org]
> *Sent:* Wednesday, December 16, 2015 8:18 PM
> *To:* Phil Corwin; Greg Shatan; Jordan Carter
> *Cc:* Accountability Cross Community
> *Subject:* Re: [CCWG-ACCT] FW: FY16 Appropriations Act Extends IANA
> Transition Freeze without DOTCOM Act
>
> Phil — I don’t tthink the Congressional appropriations language would
> prevent the transition “event".    NTIA could simply allow the IANA
> contract to expire 30-Sep-2016 without spending any resources
> whatsoever.  The contract could just expire, leaving in question who has
> the authority to operate the IANA functions.  But no question who would
> be operating the root, numbers and protocols the next day — ICANN would.
> <
>
> So we (the community) should continue developing accountability
> mechanisms so we can hold ICANN accountable if/when it takes control of
> IANA functions.   It could happen on 30-Sep-2016 so let’s be ready.
>
> *From: *<accountability-cross-community-bounces at icann.org> on behalf of
> Phil Corwin <psc at vlaw-dc.com>
> *Date: *Wednesday, December 16, 2015 at 7:56 PM
> *To: *Greg Shatan <gregshatanipc at gmail.com >, Jordan Carter
> <jordan at internetnz.net.nz >
> *Cc: *Accountability Cross Community
> <accountability-cross-community at icann.org>
> *Subject: *Re: [CCWG-ACCT] FW: FY16 Appropriations Act Extends IANA
> Transition Freeze without DOTCOM Act
>
> NTIA can continue to prepare for the transition, including leading an
> interagency review of any Proposal it receives from ICANN. But it is
> prohibited from actually effecting the transition until October 1, 2016.
>
>
> *From:* accountability-cross-community-bounces at icann.org
> [mailto:accountability-cross-community-bounces at icann.org] *On Behalf Of
> *Greg Shatan
> *Sent:* Wednesday, December 16, 2015 5:07 PM
> *To:* Jordan Carter
> *Cc:* Accountability Cross Community
> *Subject:* Re: [CCWG-ACCT] FW: FY16 Appropriations Act Extends IANA
> Transition Freeze without DOTCOM Act
>
> As I read this, it does not slow anything down.  We were targeting a
> transition around September 30, 2015 in any event.
>
> Greg
>
> On Wed, Dec 16, 2015 at 4:48 PM, Jordan Carter <jordan at internetnz.net.nz
>  > wrote:
> Hi all, hi Milton,
>
> My understanding of the steps in the timetable was that finalising our
> proposal in January was what gave space for a transition in September at
> the earliest.
>
> Are you suggesting that instead it means one of the earlier steps can't
> start when it was intended?
>
> I.e. If NTIA could not start its consideration until 30 Sep then that
> does materially change things, timing wise. But if it could still do its
> review as part of preparing for a transition, then that wouldn't.
>
> Maybe we could ask NTIA for their view of the situation too?
>
> Cheers
> Jordan
>
> On Thursday, 17 December 2015, Mueller, Milton L <milton at gatech.edu> wrote:
> This is good news, and I hope the co-chairs of the CCWG all sit down and
> read former Congressman Boucher's message out loud - better yet, sing it
> to the tune of Jingle Bells! - together. The idea that we have to
> truncate our process and twist ourselves into pretzels or cave to
> unreasonable demands from the board in order to meet an arbitrary
> schedule is now, I think, officially dead.
> --MM
>
>  > -----Original Message-----
>  > It's also noteworthy that (b) has been added saying that the
> restriction shall
>  > not apply in fiscal year 2017. That's a nice statement of intention
> by the
>  > drafters of this provision that by the commencement of fiscal year
> 2017 in
>  > October of next year the transition will be complete.
>  >
>  > I don't believe that the adoption of this language in any way
> reflects a stepping
>  > back by Congress from the bipartisan consensus which has now been formed
>  > in both the House and the Senate to support the IANA transition as
> long as the
>  > NTIA’s originally announced 4 principles for ICANN accountability
> are in place
>  > and are enforceable as part of the transition plan.
>  >
>  > Please let me know if you have questions.
>  >
>  > Rick
>  >
>  > SEC. 539. (a) None of the funds made available by
>  > 21 this Act may be used to relinquish the responsibility of
>  > 22 the National Telecommunications and Information Ad ministration,
> during
>  > fiscal year 2016, with respect to
>  > 24 Internet domain name system functions, including respon-
>  > 1 sibility with respect to the authoritative root zone file and
>  > 2 the Internet Assigned Numbers Authority functions.
>  > 3 (b) Nothwithstanding any other law, subsection (a)
>  > 4 of this section shall not apply in fiscal year 2017.
>  >
>  >
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> --
> Jordan Carter
> Chief Executive, InternetNZ
>
> +64-21-442-649 <tel:%2B64-21-442-649> | jordan at internetnz.net.nz
>
> Sent on the run, apologies for brevity
>
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> --
> Jordan Carter
> Chief Executive, InternetNZ
>
> +64-21-442-649 | jordan at internetnz.net.nz <mailto:jordan at internetnz.net.nz>
>
> Sent on the run, apologies for brevity
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