V. Stakeholder Response
Following the March 2014 announcement, a broad array of Internet stakeholders issued public statements that demonstrate the importance of the transition:
AT&T: "This is an important step in the ongoing evolution of the global Internet. NTIA is to be commended for its historical stewardship, its current thoughtful and pro-active approach, and its global leadership throughout. The U.S. is looking to the future, promoting leadership and ideas from the global multi-stakeholder community, and establishing clear criteria to ensure the stability and security of a remarkably well-functioning system. We expect that other governments and stakeholders will join with the U.S. in committing to this vision."[16]
Microsoft: "The U.S. Department of Commerce National Telecommunications and Information Administration's recent announcement of its intent to transition key Internet domain name functions to the global multi-stakeholder community is a significant and welcome development."[17]
Human Rights Organizations: "[W]e write to express our support for the Department of Commerce's National Telecommunications and Information Administration (NTIA) announcement of its intent to transition key Internet domain name functions to the global multi-stakeholder community...This move would alleviate international pressure on explicit terms, deter government overreach on the issue of Internet governance, and facilitate the exercise of human rights online."[18]
The Internet Association (representing Amazon, Facebook, Google, Netflix, Yahoo!, Twitter, Airbnb, and other Internet economy firms): ". . .we support the recent announcement regarding the National Telecommunications and Information Administration's (NTIA) oversight authority over important technical Internet functions .... For our companies to continue to innovate, to foster development and change, and ultimately to succeed as businesses globally, we need the continuation of the current bottom-up, multi-stakeholder model of Internet governance. However, as the Internet continues to evolve, so too must the models that govern it .... [I]t was always envisaged that this oversight role held by the United States would eventually transition to the private sector. The announcement by NTIA is simply the fulfillment of this vision. . . . For these reasons we encourage you to allow this process to continue toward a successful conclusion."[19]
U.S. Chamber of Commerce: "NTIA has steadfastly opposed a transition to any mechanism that would deviate from the current multi-stakeholder model of Internet governance and should be allowed to take any needed steps to achieve the cautiousness and transparency that we agree is essential for a safe and smooth transition of the technical functions. Any hindering of NTIA's ability to conduct the proper levels of due diligence through the use of currently available resources could result in harm to U.S. businesses and Internet users as a whole."[20]
Verizon: "We applaud NTIA for recognizing the global relevance of the Internet Assigned Numbers Authority (IANA) functions and the current maturity of multi-stakeholder frameworks."[21]
Ambassador David Gross, former United States Coordinator for International Communications and Information Policy (George W. Bush Administration): "We believe that NTIA's decision to initiate a process leading to the possible transition of the IANA functions contract to a multi-stakeholder entity is a critical step.... By allowing for the careful transition of the IANA to a bottom-up multi-stakeholder entity, the United States has affirmed its commitment to the multi-stakeholder model."[22]
Cisco: "This is a significant milestone in the transition of Internet governance to a global multi-stakeholder model, and Cisco welcomes this development. We applaud the NTIA for seeking to complete the final phase of the privatization of DNS management, as outlined by the U.S. Government in 1997. Cisco has long supported an open and innovative multi-stakeholder Internet governance process and this next step in its evolution."[23]
USTelecom: "We applaud NTIA for its responsible stewardship of the Internet's Domain Name System (DNS) over the years and are supportive of its proposal to transition the Internet Assigned Numbers Authority (IANA) functions to the global multi-stakeholder community."[24]
Center for Democracy and Technology: "CDT believes that this transition is an important part of the evolution and strengthening of multi-stakeholder governance of the Internet."[25]
Internet Technical Organizations: "The leaders of the Internet technical organizations responsible for coordination of the Internet infrastructure (IETF, IAB, RIRs, ccTLD ROs, ICANN, ISOC, and W3C), welcome the US Government's announcement of the suggested changes related to the IANA functions contract."[26]
Computer and Communications Industry Association: "The technology industry welcomes the news that the U.S. Commerce Department intends to complete the transition of relinquishing its control over key Internet addressing functions to the global multi-stakeholder community. This was a necessary next step in the evolution of the Internet and supports the current multi-stakeholder model of global Internet governance where all stakeholders concerned with the well being and functioning of the Internet help to shape the policies that make a bright online future for everyone possible."[27]
VI. Status of Multistakeholder Process to Develop Transition Proposal
Since NTIA's March 2014 announcement, interested stakeholders have responded with great energy and participation to develop a transition plan. An IANA Stewardship Transition Coordination Group (ICG), representing more than a dozen Internet stakeholder communities, was established as a convener of the process to develop a transition proposal that will ensure the stability, security, and openness of the Internet. As set forth in its charter, the ICG is "conduct[ing] itself transparently, consult[ing] with a broad range of stakeholders, and ensur[ing] that its proposals support the security and stability of the IANA functions."[28] On September 8, 2014, the ICG issued a Request for Transition Proposals to the multistakeholder community, with a proposal submission deadline of January 15, 2015.[29] The ICG requested one proposal for each of the three primary functions, i.e., the protocol parameters, numbering, and domain name-related functions, to be developed by the communities and parties most directly affected by each of the primary functions. Proposal development has to date been open and multistakeholder in participation.
As of February 2015, two of the three community groups have submitted their draft proposals, including the IETF, which is shepherding the protocol parameter proposal, and the five RIRs, which worked collaboratively in developing a draft numbering proposal. The third group, the ICANN Cross Community Working Group (CWG) on the naming related functions, continues to deliberate on how best to assure effective and accountable oversight of these naming functions in NTIA's absence. Upon receipt of the community proposals, the ICG will then work to develop a single consolidated proposal, which will go through various iterations of community review and comment.[30]
On January 27, 2015, I delivered remarks at the State of the Net Conference, where I posed several questions for stakeholders to consider as they continue to develop the naming related proposal, to ensure that it appropriately addresses the principles NTIA established for the transition. I indicated that these questions need to be resolved prior to approval of any transition plan.[31] At the ICANN meeting held in Singapore two weeks ago, I reiterated these remarks and questions. The subsequent community discussions in Singapore give me confidence that the domain name community (through the CWG) is working diligently to develop a proposal that not only considers appropriate accountability, but also what is necessary for the directly affected parties (registry operators) in terms of service levels and processes that preserve and maintain stable DNS root zone management that the community currently enjoys.
ICANN has also launched a parallel process to enhance its accountability to the global Internet community and to strengthen its accountability mechanisms in the absence of a contractual relationship with NTIA.[32] A Cross Community Working Group (CCWG) on Accountability, composed of appointed representatives from ICANN's Supporting Organizations (SOs) and Advisory Committees (ACs) and open to all interested parties as participants, is examining accountability mechanisms regarding the entirety of ICANN operations.[33] The CCWG charter identifies two work streams: the first is to identify accountability measures that need to be in place before the IANA transition; and the second to address accountability measures that should be adopted and implemented by ICANN in the longer term. The CCWG identified four distinct work areas: (1) overview of existing accountability mechanisms; (2) review of public comments filed in response to ICANN's proposed accountability process to categorize them as either Work Stream 1 or Work Stream 2 items; (3) review of accountability issues identified by the CWG; and (4) identification of contingencies or threat scenarios.[34] The CCWG adopted an intensive work plan to address the near-term, IANA-specific measures involving weekly meetings in order to progress its work.[35] While it got off to a slower start than the IANA transition process, the CCWG on Accountability is now making considerable progress, as evident at the ICANN Singapore meeting at which the group conducted numerous productive working sessions and meetings with stakeholders. The CCWG on Accountability is also cooperating and coordinating with the CWG working on the domain names transition proposal. This is a good and constructive development as it allows the CWG to return some of its focus on the domain name related functions and a little less on ICANN accountability. NTIA believes that this accountability process needs to include the "stress testing" of solutions to safeguard against future contingencies such as attempts to influence or take over ICANN functions that are not currently possible with the IANA functions contract in place.
These two multistakeholder processes - the IANA stewardship transition and enhancing ICANN accountability - are directly linked, and NTIA has repeatedly said that both issues must be addressed before any transition takes place. ICANN has indicated that it expects to receive both the ICG transition and CCWG accountability proposals at roughly the same time and that it will forward them promptly and without modification to NTIA.[36]
On the subject of timing, NTIA has not set a deadline for the transition. September 2015 has been a target date because that is when the base period of our contract with ICANN expires. However, we have the flexibility to extend the contract if the community needs more time to develop the best plan possible. It is up to the community to determine a timeline that works best for stakeholders as they develop a proposal that meets NTIA's conditions, but also a proposal that works.
The Internet community is undertaking truly historic work. NTIA is confident that engaging the global Internet community to work out these important issues will strengthen the multistakeholder process and will result in ICANN's becoming even more directly accountable to the customers of the IANA functions and to the broader Internet community.
VII. Next Steps
NTIA is committed to continuing to work closely with the stakeholder community as it develops a proposal that fully achieves the goals NTIA established, as well as continue our overarching commitment to strengthening the current multistakeholder model.
In the year ahead, it will be absolutely critical to the interests of the United States that NTIA continue to monitor the discussions within the multistakeholder community as it develops a transition plan and provide feedback where appropriate. Specifically, NTIA will:
participate in meetings and discussions with other governments, the global stakeholder community, ICANN, and VeriSign with respect to the transition or planning the transition;
if appropriate, amend the IANA functions contract to modify the length of contract renewal option periods; and
continue to represent the United States at the GAC meetings held at ICANN meetings and intersessionally throughout the year.
Once the community develops and ICANN submits the consolidated proposal, we will ensure that the March 2014 criteria are fully addressed and that the proposal has been adequately "stress tested" to ensure the continued stability and security of the DNS. The community processes used to develop their proposal might also influence the work NTIA will need to undertake. For example, if the community conducts "stress tests" as well as tests and validates any new process or structures included in the proposal prior to submission, well-documented results may facilitate NTIA's review. This will also give confidence that any process, procedure or structure proposed actually works. In addition, NTIA will review and assess the changes made or proposed to enhance ICANN's accountability required in advance of initiating the transition.
VIII. Conclusion
NTIA is cognizant of and appreciates the directive from Congress to inform the relevant Committees in advance of any decision related to the transition. As the proposal continues to take shape, we will update Congress accordingly. NTIA appreciates interest in this important topic and thanks Congress for its continued support for the multistakeholder model of Internet governance.
References
[1] The White House, "Memorandum for the Heads of Executive Departments and Agencies," (July 1, 1997), available at: http://clinton4.nara.gov/WH/New/Commerce/directive.html.
[2] NTIA, "Statement of Policy, Management of Internet Names and Addresses," (DNS White Paper), 63 Fed. Reg. 31741 (1998), available at: http://www.ntia.doc.gov/federal-register-notice/1998/statement-policy-management-internet-names-and-addresses.
[3] The Internet Engineering Task Force (IETF) is a large open international community of network designers, operators, vendors, and researchers concerned with the evolution of the Internet architecture and the smooth operation of the Internet. See, https://www.ietf.org/ (link is external).
[4] Regional Internet Registries (RIRs) manage, distribute, and register Internet number resources (IPv4 and IPv6 addresses and Autonomous System Numbers) within their respective regions. See, https://www.nro.net/about-the-nro/regional-internet-registries (link is external).
[5] For further information on the NTIA role in root zone management and the IANA functions, see http://www.ntia.doc.gov/other-publication/2014/ntia-s-role-root-zone-management.
[6] DNS White Paper, supra n. 2.
[7] "Affirmation of Commitments by the United States Department of Commerce and the Internet Corporation for Assigned Names and Numbers" (September 30, 2009), available at http://www.ntia.doc.gov/files/ntia/publications/affirmation_of_commitments_2009.pdf
[8] See ICANN, "Beginner's Guide to Participating in ICANN," available at: https://www.icann.org/en/system/files/files/participating-08nov13-en.pdf (link is external). See also, ICANN Groups, available at: https://www.icann.org/resources/pages/groups-2012-02-06-en (link is external).
[9] See H.Con.Res. 127 and S.Con.Res. 50.
[10] Reps. Upton (R-MI), Waxman (D-CA), Royce (R-CA), Engel (D-NY), Re/code, "Protecting the Internet From Government Control" (Dec. 18, 2014), available at: http://recode.net/2014/12/18/protecting-the-internet-from-government-control/.
[11] S. Res. 71 (2015)
[12] "NTIA Announces Intent to Transition Key Internet Domain Name Functions" (Mar. 14, 2014), available at: http://www.ntia.doc.gov/press-release/2014/ntia-announces-intent-transition-key-internet-domain-name-functions.
[13] Michael Daniel, Lawrence E. Strickling, Daniel Sepulveda, Christopher Painter and Scott Busby, "A Major Win for the Open Internet" (Apr. 30, 2014), available at: http://www.ntia.doc.gov/blog/2014/major-win-open-internet.
[14] See Panel on Global Internet Cooperation and Governance Mechanisms, "Towards a Collaborative, Decentralized Internet Governance Ecosystem" (May 2014), available at: http://internetgovernancepanel.org/sites/default/files/ipdf/XPL_ICAN1403_Internet%20Governance%20iPDF_06.pdf (link is external).
[15] U.S. Department of State, "Outcomes from the International Telecommunication Union 2014 Plenipotentiary Conference in Busan, Republic of Korea" (Nov. 10, 2014), available at: http://www.state.gov/r/pa/prs/ps/2014/11/233914.htm.
[16] AT&T Public Policy Blog, "The Continuing Evolution of the Global Internet" (Mar. 14, 2014) (emphasis added), available at: http://www.attpublicpolicy.com/international/the-continuing-evolution-of-the-global-internet/ (link is external).
[17] David Tennenhouse, Microsoft on the Issues, "Microsoft Applauds US NTIA's Transition of Key Internet Domain Name Functions" (Mar. 17, 2014) (emphasis added), available at: https://blogs.microsoft.com/on-the-issues/2014/03/17/microsoft-applauds-us-ntias-transition-of-key-internet-domain-name-functions/#sm.0013wreg145pf9w11vp2eo8zc5o47 (link is external).
[18] Access, Center for Democracy & Technology, Freedom House, Human Rights Watch, The Open Technology Institute at New America Foundation, Public Knowledge, "Congress Should Support U.S. Plan to Alter Administration of Internet" (Apr. 1, 2014) (emphasis added), available at: https://freedomhouse.org/article/congress-should-support-us-plan-alter-administration-internet#.VJmLdl4AFA (link is external).
[19] Michael Beckerman, The Internet Association, Letter to Rep. Hal Rogers and Rep. Nita Lowey (May 8, 2014) (emphasis added), available at: http://internetassociation.org/wp-content/uploads/2014/05/Internet-Association-Letter-on-Future-of-Internet-Governance-Approps-.pdf (link is external).
[20] R. Bruce Josten, U.S. Chamber of Commerce, Letter to U.S. House of Representatives (May 27, 2014) (emphasis added), available at: https://www.uschamber.com/sites/default/files/140527_hr4660_commercejusticescienceappropriationsact2015_house.pdf (link is external).
21] Verizon Policy Blog, "Verizon Supports Global Multi-stakeholder Process for Domain Names" (Mar. 14, 2014), available at: http://publicpolicy.verizon.com/blog/entry/verizon-supports-global-multi-stakeholder-process-for-domain-names (link is external).
[22] Ambassador David A. Gross, Testimony Before the U.S. House Committee on Energy and Commerce (Apr. 2, 2014) (emphasis added), available at: http://docs.house.gov/meetings/IF/IF16/20140402/102044/HHRG-113-IF16-Wstate-GrossD-20140402.pdf.
[23] Robert Pepper, "Cisco Supports U.S. Department of Commerce Decision to Transition Internet Management Functions" (Mar. 15, 2014) (emphasis added), available at: http://blogs.cisco.com/gov/cisco-supports-u-s-department-of-commerce-decision-to-transition-internet-management-functions/ (link is external).
[24] Glenn Reynolds, "USTelecom Statement on Global Internet Transition" (Apr. 2, 2014), was available at: http://www.ustelecom.org/news/press-release/ustelecom-statement-global-internet-transition.
[25] Emma Llanso, Center for Democracy and Technology, "Don't Let Domestic Politics Derail the NTIA Transition" (Apr. 2, 2014) (emphasis added), available at: https://cdt.org/blog/dont-let-domestic-politics-derail-the-ntia-transition/ (link is external).
[26] Internet Society, "Internet Technical Leaders Welcome IANA Globalization Progress" (Mar. 14, 2014), available at: http://www.internetsociety.org/news/internet-technical-leaders-welcome-iana-globalization-progress (link is external).
[27] Computer and Communications Industry Association, "Tech Industry Praises Liberation Of Internet Governance Functions From U.S.G." (Mar. 17, 2014), available at: https://www.ccianet.org/2014/03/tech-industry-praises-liberation-internet-governance-functions-u-s-g/ (link is external).
[28] Charter for the IANA Stewardship Transition Coordination Group (Aug. 27, 2014), available at: https://www.icann.org/en/system/files/files/charter-icg-27aug14-en.pdf (link is external).
[29] IANA Stewardship Transition Coordination Group, "Request for Proposals" (Sept. 8, 2014), available at: https://www.icann.org/en/system/files/files/rfp-iana-stewardship-08sep14-en.pdf (link is external).
[30] See IANA Stewardship Transition Coordination Group, "Process Timeline," (Dec. 2014), available at: https://www.icann.org/en/system/files/files/icg-process-timeline-07jan15-en.pdf (link is external).
[31] Remarks by Lawrence E. Strickling, State of the Net Conference, Washington, DC, (Jan. 27, 2015), available at: http://www.ntia.doc.gov/speechtestimony/2015/remarks-assistant-secretary-strickling-state-net-conference-1272015.
[32] See Enhancing ICANN Accountability, "Opportunity for public dialogue and community feedback" (May 6, 2014), available at: https://www.icann.org/resources/pages/enhancing-accountability-2014-05-06-en (link is external); see also, Enhancing ICANN Accountability: Process and Next Steps (Revised Oct. 10, 2104), available at: https://www.icann.org/resources/pages/process-next-steps-2014-10-10-en (link is external).
[33] See ICANN Announcements, "Proposed Charter for Enhancing ICANN Accountability Cross Community Working Group (CCWG) Submitted for Consideration" (Nov. 5, 2014), available at: https://www.icann.org/news/announcement-2014-11-05-en (link is external).
[34] Cross Community Working Group on Enhancing ICANN Accountability, "Charter" (Last Modified Dec. 11, 2014)(Adopted by 5 organizations), available at: https://community.icann.org/display/acctcrosscomm/Charter (link is external).
[35] See CCWG on Enhancing ICANN Accountability, "Meetings," (last modified Jan. 6, 2015), available at: https://community.icann.org/display/acctcrosscomm/Meetings (link is external).
[36] ICANN, "ICANN 52 Board Statement on ICANN Sending IANA Stewardship Transition and Enhancing ICANN Accountability Proposals to NTIA" (Feb. 12, 2015), available at: https://www.icann.org/news/announcement-3-2015-02-12-en (link is external)
Source: https://www.ntia.doc.gov/speechtestimony/2015/testimony-assistant-secretary-strickling-senate-committee-commerce-science-and-