[CCWG-ACCT] U.S. Senate Resolution 71

Sat Feb 7 14:36:04 UTC 2015

With respect Samantha, I think that understates the comparative significance
of this, at least here in the US.  To be absolutely sure, this is completely
non-binding.  As such it has no legal effect at all.  None.  On that you are
correct.  

But in my experience it is more than merely "indicative of a level of
interest."  Typically (and, in this case) the text of the "opinion" is
carefully vetted by Senate staff before passage.   This resolution could not
have passed without the unanimous agreement of the Senate - a single
objection would have derailed it.

Now, also to be sure, because it is non-binding and of no legal effect, some
Senators may have chosen not to exercise their veto over the language as a
matter of comity or political calculation (or perhaps even horse-trading
regarding another matter).  So we should not read this as reflecting a
complete and definitive expression of a Senatorial view on the substance
expressed - those who object may have been simply waiting for a different
time to express their views.

But also clearly, those who authored the resolution were using it as a
vehicle not just to signal that they were interested in the topic generally
but to express (mostly to the NTIA and the Obama Administration) their
substantive preferences.  They aim to influence NTIA's actions and,
derivatively, to influence ICANN.  In both those ends they may or may not
succeed. I especially doubt that non-Americans involved in this process will
give the Senate resolution any great weight.

But I am reasonably confident that the NTIA, at least, is reviewing the text
of this resolution with a reasonable degree of care and as a basis for
further discussions and consultation with a body who has a moderately high
degree of influence on its operations and decision making.

This, of course, is just my view - I can't speak for the NTIA.  But I
suspect they are not dismissing this resolution as merely an expression of
interest in the process generally, without substantive import.

I trust you are all enjoying Singapore.

Cheers

Paul

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From: Drazek, Keith [mailto:kdrazek at verisign.com] 
Sent: Saturday, February 7, 2015 3:05 AM
To: Samantha Eisner; accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] U.S. Senate Resolution 71

Thanks Sam, that is correct. A good and helpful clarification.

Best,
Keith

From: Samantha Eisner [mailto:Samantha.Eisner at icann.org] 
Sent: Saturday, February 07, 2015 4:03 PM
To: Drazek, Keith; accountability-cross-community at icann.org
<mailto:accountability-cross-community at icann.org> 
Subject: Re: [CCWG-ACCT] U.S. Senate Resolution 71

Thanks Keith.  For our non-US colleagues, this is a "Sense of the Senate"
resolution which expresses an opinion only and, as such, is not binding.  So
while it's indicative of the level of interest in the CCWG's work, this
resolution should not be read as establishing new criteria or requirements
for the ultimate proposal.

Best, 

Sam

From: <Drazek>, Keith <kdrazek at verisign.com <mailto:kdrazek at verisign.com> >
Date: Saturday, February 7, 2015 at 3:30 PM
To: "accountability-cross-community at icann.org
<mailto:accountability-cross-community at icann.org> "
<accountability-cross-community at icann.org
<mailto:accountability-cross-community at icann.org> >
Subject: [CCWG-ACCT] U.S. Senate Resolution 71

Hi all, 

FYI, the U.S. Senate passed the following resolution on February 5. This is
relevant to the work of the Accountability CCWG.

The "Designation" section is particularly note-worthy.

Best,
Keith

https://www.congress.gov/bill/114th-congress/senate-resolution/71/text

[Congressional Bills 114th Congress]

[From the U.S. Government Printing Office]

[S. Res. 71 Agreed to Senate (ATS)]

114th CONGRESS

  1st Session

S. RES. 71

   Designating the week of February 8 through February 14, 2015, as 

                ``Internet Governance Awareness Week''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2015

   Mr. Hatch (for himself, Mr. Blunt, Mr. Warner, Mr. Coons, and Mr. 

 Inhofe) submitted the following resolution; which was considered and 

                               agreed to

_______________________________________________________________________

                               RESOLUTION

   Designating the week of February 8 through February 14, 2015, as 

                ``Internet Governance Awareness Week''.

Whereas the United States remains committed to the multistakeholder model of

        Internet governance, in which the private sector works in
collaboration 

        with civil society, governments, and technical experts in a
consensus 

        fashion;

Whereas the United States has, through its stewardship of key Internet
domain 

        name functions, maintained an important role in the protection of
the 

        Internet as presently constituted;

Whereas on March 14, 2014, the National Telecommunications and Information 

        Administration (referred to in this preamble as the ``NTIA'')
announced 

        its intent to transition these key Internet domain name functions to
the 

        global multistakeholder community;

Whereas the transition process demonstrates that the United States supports
and 

        is committed to the multistakeholder model of Internet governance;

Whereas the NTIA has asked the Internet Corporation for Assigned Names and 

        Numbers (referred to in this preamble as ``ICANN'') to convene
global 

        stakeholders to develop a proposal to transition the current role
played 

        by the NTIA in the coordination of the Internet's domain name system

        (referred to in this preamble as the ``DNS'');

Whereas the NTIA has stated that there is no deadline for the transition,
and 

        that the transition proposal must have broad community support and 

        must--

    (1) support and enhance the multistakeholder model;

    (2) maintain the security, stability, and resiliency of the Internet 

DNS;

    (3) meet the needs and expectations of the global customers and 

partners of the Internet Assigned Numbers Authority; and

    (4) maintain the openness of the Internet;

Whereas the NTIA has also stated that it will not accept a proposal that 

        replaces the NTIA with a government-led or an inter-governmental 

        organization, a position that is consistent with S. Con. Res. 50 

        (112\th\ Congress), a concurrent resolution that was unanimously
passed 

        by the Senate and the House of Representatives in 2012 and supported

        ``the consistent and unequivocal policy of the United States to
promote 

        a global Internet free from government control and preserve and
advance 

        the successful multistakeholder model that governs the Internet
today'';

Whereas ICANN will be holding its next global meeting, ICANN 52, in
Singapore 

        between February 8 and February 12, 2015; and

Whereas designating the week of February 8 through February 14, 2015, as 

        ``Internet Governance Awareness Week'' will encourage the
participants 

        at ICANN 52 to focus on developing key ICANN accountability
principles 

        for the protection of the global Internet: Now, therefore, be it

    Resolved,

SECTION 1. DESIGNATION.

    The Senate designates the week of February 8 through February 14, 

2015, as ``Internet Governance Awareness Week'' to--

            (1) increase public awareness regarding the March 14, 2014 

        announcement by the National Telecommunications and Information 

        Administration (referred to in this resolving clause as the 

        ``NTIA'') declaring the intention of the NTIA to transition the 

        stewardship of the functions of the Internet Assigned Numbers 

        Authority to the global multistakeholder community;

            (2) encourage public education about the importance of this 

        transition process; and

            (3) call the attention of the participants at the next 

        global meeting of the Internet Corporation for Assigned Names 

        and Numbers (referred to in this resolving clause as ``ICANN'') 

        to the importance of designing accountability and governance 

        reforms to best prepare ICANN for executing the 

        responsibilities that it may receive under any transition of 

        the stewardship of the functions of the Internet Assigned 

        Numbers Authority, including reforms that would--

                    (A) insist that the domain name system continues to 

                function as part of a secure, stable, resilient, 

                single, decentralized, open, and interoperable 

                Internet;

                    (B) ensure a form of stewardship and accountability 

                that is based on the separation of the functions of 

                policy-making, policy implementation, and, as needed, 

                independent adjudication or arbitration for dispute 

                resolution;

                    (C) limit and maintain ICANN authority to matters 

                that pertain to the coordination of Internet unique 

                identifiers, and limit each function to those rights, 

                responsibilities, and authorities that have been 

                explicitly assigned;

                    (D) protect ICANN from undue influence or capture 

                by one or more governments or multilateral or 

                intergovernmental organizations, or a single set of 

                other commercial or noncommercial stakeholders;

                    (E) maintain the commitment of ICANN for final 

                action regarding key policy decisions to demonstrate 

                broad support by the community of ICANN stakeholders;

                    (F) reinforce and expand transparency and 

                accountability measures to ensure community access to 

                ICANN documents and records; and

                    (G) ensure that, prior to the execution of the 

                transition of the stewardship of the functions of the 

                Internet Assigned Numbers Authority, each of the 

                foregoing elements of such proposal is adopted and made 

                effective by ICANN through incorporation in its 

                articles of incorporation and by-laws, as needed, and 

                subject to independent adjudication or arbitration for 

                dispute resolution, as appropriate.

SEC. 2. RULE OF CONSTRUCTION.

    Nothing in this resolution shall be construed as congressional 

approval of any proposal by ICANN to transition the stewardship of the 

functions of the Internet Assigned Numbers Authority to the global 

multistakeholder community.

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