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Does anyone know how, if at all, this relates to the "Defending
Internet Freedom Act of 2015", also in the House?
[<a href="https://www.congress.gov/bill/114th-congress/house-bill/2251/text" eudora="autourl">
https://www.congress.gov/bill/114th-congress/house-bill/2251/text</a>]
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:<br><br>
"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]<br><br>
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."<br><br>
<br>
Is this one of the bills you're talking about that are "floating
around" without the leadership support, and therefore likely to go
nowhere?<br>
<br>
David<br><br>
At 09:16 AM 6/9/2015, Paul Rosenzweig wrote:<br>
<blockquote type=cite class=cite cite="">Colleagues<br>
<br>
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.Â
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.<br>
<br>
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:<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
Regards<br>
Paul<br>
<br>
<br>
Paul Rosenzweig<br>
<a href="mailto:paul.rosenzweigesq@redbranchconsulting.com">
paul.rosenzweig@redbranchconsulting.com</a> <br>
O: +1 (202) 547-0660<br>
M: +1 (202) 329-9650<br>
VOIP: +1 (202) 738-1739<br>
Skype: paul.rosenzweig1066<br>
<a href="http://www.redbranchconsulting.com/index.php?option=com_content&view=article&id=19&Itemid=9">
Link to my PGP Key</a><br>
<br>
<br>
<b>Subject:</b> Bipartisan Amendment to DOTCOM Act<br>
<br>
Friends:<br>
<br>
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. <br>
<br>
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.<br>
<br><br>
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</blockquote><br>
*******************************<br>
David G Post - Senior Fellow, Open Technology Institute/New America
Foundation<br>
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