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

Gomes, Chuck cgomes at verisign.com
Tue Jun 9 23:12:26 UTC 2015

This is an encouraging development in my opinion.  As ICANN leadership and some Board members try to lobby against enforceable accountability mechanisms, we may need Congress to back the community.


From: cwg-stewardship-bounces at icann.org [mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Greg Shatan
Sent: Tuesday, June 09, 2015 12:45 PM
To: cwg-stewardship at icann.org
Subject: [CWG-Stewardship] Fwd: [CCWG-ACCT] FW: Bipartisan Amendment to DOTCOM Act


I thought this would be of interest to the CWG as well.


---------- Forwarded message ----------
From: Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com<mailto:paul.rosenzweig at redbranchconsulting.com>>
Date: Tue, Jun 9, 2015 at 9:16 AM
Subject: [CCWG-ACCT] FW: Bipartisan Amendment to DOTCOM Act
To: Accountability Cross Community <accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>>


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.


Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com<mailto:paul.rosenzweigesq at redbranchconsulting.com>
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Subject: Bipartisan Amendment to DOTCOM Act


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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