[CCWG-ACCT] FW: Bipartisan Amendment to DOTCOM Act

[David Post]

Does anyone know how, if at all, this relates to 
the "Defending Internet Freedom Act of 2015", 
also in the 
House? 
[https://www.congress.gov/bill/114th-congress/house-bill/2251/text] 
That bill has some interesting and more specific 
provisions about the transition: it 
prohibits  relinquishing oversight until NTIA 
certifies that the ICANN bylaws have been amended to provide that:

"ICANN has an external, independent process for 
reviewing and resolving disputes between ICANN 
and external parties, including members of the 
multistakeholder community, in all matters 
related to the operations and policy decisions of 
ICANN. Such process includes the ability to 
reverse decisions of the board of directors.  [and]

  ICANN is prohibited from engaging in activities 
unrelated to ICANN’s core mission or entering 
into an agreement or modifying an existing 
agreement to impose on a registrar or registry 
with which ICANN conducts business any condition 
(such as a condition relating to the regulation 
of content) that is unrelated to ICANN’s core mission."


Is this one of the bills you're talking about 
that are "floating around" without the leadership 
support, and therefore likely to go nowhere?

David

At 09:16 AM 6/9/2015, Paul Rosenzweig wrote:
>Colleagues
>
>Below is a brief notice, and attached is a copy 
>of a bill that will be considered in Congress 
>tomorrow relating to the IANA 
>transition.  Unlike other bills floating in 
>Congress, this one has the support of the 
>Chairman and Ranking Member of the House Energy 
>and Commerce Committee.  In other words, it has 
>support of both Democrats and  Republicans and, 
>implicitly, is likely something the 
>Administration would accept.  Thus, though one 
>can never be sure in these matters, I assess it 
>as reasonably likely that this bill will become law.
>
>On the merits, my own sense is that many in the 
>community will welcome the provisions of this 
>bill.  First, and foremost, it puts Congress on 
>record in favor of the overall  goal of having 
>the transition happen, thus laying to rest 
>concerns that some in Congress might seek to 
>short-circuit the process.  In more detail (and 
>you can read the short text for yourself, in the 
>attached PDF), the bill provides:
>
>1. There will be 30 legislative days (i.e. 
>working week days) after notification to 
>Congress prior to the transfer going into 
>effect. This will allow Congress to review the 
>terms of the transfer.  To stop it, however, 
>would require a separate bill enacted into law.
>
>2. It requires NTIA to certify that the proposed 
>transition meets the five criteria set by the 
>NTIA at the start of the process.  This seems a 
>very modest requirement, since if our proposal 
>did not meet that set of requirements, NTIA 
>would not approve it in the first instance.
>
>3. It also requires NTIA to certify that ICANN 
>has approved and implemented all required bylaw 
>changes contained in the final report of the 
>CCWG and the CWG before the transition occurs, 
>i.e. ICANN has to follow through and complete 
>the bylaw revision process before the formal termination of the contract.
>
>Regards
>Paul
>
>
>Paul Rosenzweig
><mailto:paul.rosenzweigesq at redbranchconsulting.com>paul.rosenzweig at redbranchconsulting.com 
>
>O: +1 (202) 547-0660
>M: +1 (202) 329-9650
>VOIP: +1 (202) 738-1739
>Skype: paul.rosenzweig1066
><http://www.redbranchconsulting.com/index.php?option=com_content&view=article&id=19&Itemid=9>Link 
>to my PGP Key
>
>
>Subject: Bipartisan Amendment to DOTCOM Act
>
>Friends:
>
>Attached please find a copy of the Amendment in 
>the Nature of a Substitute that Chairman Walden, 
>Ranking Member Pallone, and Mr. Shimkus have 
>agreed to.  As we mentioned on calls to many of 
>you, we think this amendment represents a 
>responsible path forward the respects the 
>multistakeholder process without abrogating our Committee's oversight of NTIA.
>
>Very shortly, we will be noticing a subcommittee 
>markup for this Wednesday, where we expect the 
>subcommittee will favorably report H.R. 805 to 
>the Committee with bipartisan support.
>
>
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*******************************
David G Post - Senior Fellow, Open Technology Institute/New America Foundation
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