[CCWG-ACCT] FW: ICYMI: ICANN CEO Should Not Support Chinese Internet Censorship

Thu Feb 4 16:55:21 UTC 2016

Colleagues

Some time ago we had an extended discussion of the ICANN CEO and his role in
the WIC in China.  That discussion has, I think, concluded.  Nonetheless for
completeness sake (what I would call your “situational awareness”) I
received the below today that bears on this topic.

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=articl
e&id=19&Itemid=9> Link to my PGP Key

<http://www.rsaconference.com/events/us16?utm_source=signature&utm_medium=em
ail&utm_campaign=speakers-us2016> 

ICYMI: Today, U.S. Sens. Ted Cruz (R-Texas), James Lankford (R-Okla.), and
Mike Lee (R-Utah) sent a letter to Fadi Chehade, CEO of the Internet
Corporation for Assigned Names and Numbers (ICANN), currently under contract
with the federal government. The senators raised serious concerns and
requested information regarding Mr. Chehade’s involvement with the World
Internet Conference, organized by the Chinese government, a regime notorious
for its censorship of the Internet and criminalization of forms of online
speech.

From: Press, Cruz (Cruz) 
Sent: Thursday, February 04, 2016 10:37 AM
Subject: RELEASE: ICANN CEO Should Not Support Chinese Internet Censorship

UNITED STATES SENATE

Sen. Ted Cruz Press Office

FOR IMMEDIATE RELEASE

Cruz Press Office: 202-228-7561

Phil Novack:  <mailto:phil_novack at cruz.senate.gov>
phil_novack at cruz.senate.gov

Lankford Press Office: 202-224-5754

Darrell “D.J.” Jordan: darrell_jordan at lankford.senate.gov
<mailto:darrell_jordan at lankford.senate.gov> 

Lee Press Office: 202-224-5444

Conn Carroll: conn_carroll at lee.senate.gov
<mailto:conn_carroll at lee.senate.gov> 

February 4, 2016

ICANN CEO Should Not Support Chinese Internet Censorship

Cruz, Lankford, Lee demand answers from Fadi Chehade regarding his
participation in the World Internet Conference

WASHINGTON, D.C. — Today, U.S. Sens. Ted Cruz (R-Texas), James Lankford
(R-Okla.), and Mike Lee (R-Utah) sent a letter to Fadi Chehade, CEO of the
Internet Corporation for Assigned Names and Numbers (ICANN), currently under
contract with the federal government. The senators raised serious concerns
and requested information regarding Mr. Chehade’s involvement with the World
Internet Conference, organized by the Chinese government, a regime notorious
for its censorship of the Internet and criminalization of forms of online
speech.

“As you must know, the World Internet Conference is not a beacon of free
speech,” Cruz, Lankford, and Lee wrote. “It has been heavily criticized by
members of the press for refusing to allow China-based reporters for the New
York Times and Washington Post to cover the conference.  Reporters Without
Borders demanded an international boycott of the conference, calling China
the ‘enemy of the Internet.’  In addition, GreatFire co-founder, Charlie
Smith, described foreign guests of the Conference as ‘complicit actors in
the Chinese censorship regime and are lending legitimacy to Lu Wei, CAC and
their heavy-handed approach to Internet governance. They are, in effect,
helping to put all Chinese who stand for their constitutional right to free
speech behind bars.’”

The senators continued: “ICANN’s participation in the World Internet
Conference is especially concerning because of the Chinese government’s long
and established record of restricting free access to the Internet, censoring
content, and criminalizing certain forms of online speech. Just recently,
Freedom House, an independent watchdog organization dedicated to the
expansion of freedom and democracy around the world, released their report
‘Freedom on the Net 2015’ in which China was ranked last in the world for
Internet freedom.  Not only has China used the Internet as means of
surveillance within its borders, but some believe that Chinese hackers may
be responsible for a breach of U.S. Government databases at the Office of
Personnel Management, which resulted in the theft of personal information of
more the 22 million Americans.”

Read the full Cruz-Lankford-Lee letter here
<http://www.cruz.senate.gov/files/documents/Letters/20160203_FadiChehadeLett
er.pdf>  and below: 

February 4, 2016 

Mr. Fadi Chehade

Chief Executive Officer

Internet Corporation for Assigned Names and Numbers

12025 Waterfront Drive, Suite 300

Los Angeles, CA 90094-2536

Dear Mr. Chehade: 

On March 14, 2014, the National Telecommunications and Information
Administration (“NTIA”) announced its intent to relinquish oversight of
Internet domain name functions to the Internet Corporation for Assigned
Names and Numbers (ICANN) and the “global stakeholder community.” 

When testifying before the House Energy and Commerce Committee, you stated
that “NTIA’s announcement preserves and prolongs the free and open Internet
that has brought so much economic growth and social and cultural
development.” Given your assurance to preserve and prolong the free and open
Internet, we were surprised and dismayed to learn that you have agreed to
co-chair a high-level advisory committee for the World Internet Conference,
which is organized by the Chinese government, while you serve as the Chief
Executive Officer of ICANN under contract with the United States Government.

As you must know, the World Internet Conference is not a beacon of free
speech.  It has been heavily criticized by members of the press for refusing
to allow China-based reporters for the New York Times and Washington Post to
cover the conference. Reporters Without Borders demanded an international
boycott of the conference, calling China the “enemy of the Internet.” In
addition, GreatFire co-founder, Charlie Smith, described foreign guests of
the Conference as “complicit actors in the Chinese censorship regime and are
lending legitimacy to Lu Wei, CAC and their heavy-handed approach to
Internet governance. They are, in effect, helping to put all Chinese who
stand for their constitutional right to free speech behind bars.” 

ICANN’s participation in the World Internet Conference is especially
concerning because of the Chinese government’s long and established record
of restricting free access to the Internet, censoring content, and
criminalizing certain forms of online speech. Just recently, Freedom House,
an independent watchdog organization dedicated to the expansion of freedom
and democracy around the world, released their report “Freedom on the Net
2015” in which China was ranked last in the world for Internet freedom. Not
only has China used the Internet as means of surveillance within its
borders, but some believe that Chinese hackers may be responsible for a
breach of U.S. Government databases at the Office of Personnel Management,
which resulted in the theft of personal information of more the 22 million
Americans.

Also concerning is the membership of the Conference’s advisory committee on
which you have agreed to serve.  Your co-chair, for instance, is Jack Ma,
founder of China’s Internet giant Alibaba, which is currently helping the
Chinese government develop a “social credit system” to monitor and score the
behavior of individuals and businesses in China. In addition, some of the
members of the committee, such as the United Nations’ International
Telecommunication Union, the League of Arab States, the Russian Safe
Internet League, and the Ministry of Information and Communications
Technology of Iran, represent countries whose policies have undermined a
free and open Internet.

Finally, your participation as a co-chair of the committee raises concerns
about a personal conflict of interest while you serve as the Chief Executive
Officer of ICANN under contract with the United States Government. According
to federal regulations, a personal conflict of interest is defined as “a
situation in which a covered employee has a financial interest, personal
activity or relationship that could impair the employee’s ability to act
impartially and in the best interest of the Government when performing under
the contract.”  Potential sources of personal conflicts are gifts, including
travel; compensation, including wages, salaries, commission, professional
fees, or fees for business referrals; other employment or financial
relationships (including seeking or negotiating for prospective employment
or business); and consulting relationships (including commercial and
professional consulting and service arrangements, scientific and technical
advisory board memberships, or serving as an expert witness in litigation). 

In order to gain a better understanding of the potential implications for
the United States Government of your service on the advisory committee for
the World Internet Conference, we request that you provide a response to the
following questions as soon as possible, but no later than 9:00 a.m. on
Friday, February 19, 2016.

1.     On December 23, 2015, in an ICANN blog post, you announced that you
would be serving as the co-chair of a newly formed advisory committee to the
World Internet Conference in Wuzhen. In that blog post, you noted that “the
first meeting of the committee will take place in Summer 2016.” However, a
World Internet Conference press release on December 21, 2015, announcing the
advisory committee stated that “[t]he advisory committee held its first
meeting on the sidelines of the second WIC in Wuzhen of east China's
Zhejiang Province.” 

a.     Please provide a yes-or-no answer to the following question: Did the
advisory committee meet in Wuzhen during the second World Internet
Conference? If yes, did you participate?

b.     What was discussed during the meeting? Specifically, did the advisory
committee discuss the IANA transition or the role of the United States
Government?

c.      Do you believe that advisory committee participants share the United
States’ view of a free and open Internet? 

2.     Did ICANN’s Board of Directors approve your attendance and
participation at the World Internet Conference?

3.     When did you first notify ICANN’s Board of Directors that you had
agreed to serve as a co-chair of the advisory committee for the World
Internet Conference?

4.     Have you notified the National Telecommunications and Information
Administration (NTIA) or any official within the United States Government
regarding your commitment to serve as a co-chair of the advisory committee?
If yes, please list who you notified and the date of the notification.

a.     Have you notified NTIA of any personal conflicts of interest? If yes,
please describe the conflicts discussed and if such conflicts will be
addressed.

5.     In your December 23, 2015 blog post you stated, “I have accepted an
appointment with a financial institution, and in addition, I’ve been invited
to serve in several part-time advisory roles post ICANN.” Please list these
advisory role offers.

6.     Have you received any financial compensation or reimbursement
including travel, wages, salaries, commission, or professional fees in your
capacity as co-chair for the advisory committee?

7.     Have you sought, negotiated, or discussed prospective employment or
business opportunities with the Chinese government or any member of the
advisory committee?

8.     Given the Chinese government’s history of censorship and suppression
of free speech, is it appropriate to participate in the World Internet
Conference while serving as the Chief Executive Officer of ICANN?

9.     Do you believe that your attendance and participation in the World
Internet Conference makes ICANN complicit in the Chinese censorship regime?

We appreciate your cooperation in this very important matter and look
forward to your response at the stated date and time.  Please contact Sean
McLean (Senator Cruz), Sarah Seitz (Senator Lankford), and Christy Knese
(Senator Lee) of our staffs if there are any questions regarding this
request.

Sincerely,

Ted Cruz

United States Senator                                                     

James Lankford

United States Senator

Michael S. Lee

United States Senator

cc: Dr. Steve Crocker, Chair, Board of Directors, Internet Corporation for
Assigned Names and Numbers

The Honorable Lawrence E. Strickling, Assistant Secretary for Communications
and Information, U.S. Department of Commerce

###

“Ensuring the Security, Stability, Resilience and Freedom of the Global
Internet.”, 113th Cong. (2014) (testimony of Fadi Chehadé). Print. 

"High-level Advisory Committee Established for World Internet Conference."
World Internet Conference. N.p., 21 Dec. 2015. Web.
<http://www.wuzhenwic.org/2015-12/21/c_48303.htm>. 

Makinen, Julie, Yingzhi Yang, and Alexandra Li. “‘Freedom requires strict
order’: China preps for second World Internet Conference.” Los Angeles
Times. N.p., 15 December 2015.Web.  

Reporters Without Borders. RSF Calls for boycott of China’s World Internet
Conference. N.p., 11 Dec. 2015. Web.
<http://en.rsf.org/china-rsf-calls-for-boycott-of-china-s-11-12-2015,48632.h
tml>. 

Freedom on the Net 2015. Rep. Freedom House, 27 Oct. 2015. Web. 

Sanger, David E. "U.S. Decides to Retaliate Against China’s Hacking." New
York Times 1 Aug. 2015: A6. Print. 

Preventing Personal Conflicts of Interest, 48 C.F.R. 52.203-16 (2011).
Print.

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