Federal Register: April 24, 2009 (Volume 74, Number 78)
DOCID: fr24ap09-32 FR Doc E9-9409
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
Docket ID: [Docket No. 090420688-9689-01]
NOTICE: NOTICES
DOCID: fr24ap09-32
DOCUMENT ACTION: Notice of Inquiry.
SUBJECT CATEGORY:
Assessment of the Transition of the Technical Coordination and Management of the Internet's Domain Name and Addressing System
DATES: Comments are due on or before June 8, 2009.
DOCUMENT SUMMARY:
The U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA) seeks comment regarding the upcoming expiration of the Joint Project Agreement (JPA) with the Internet Corporation for Assigned Names and Numbers (ICANN). This agreement has been in existence since November 25, 1998, and is scheduled to expire on September 30, 2009.
SUMMARY:
Assessment of the Transition of the Technical Coordination and Management of the Internet’s Domain Name and Addressing System
SUPPLEMENTAL INFORMATION
Background
A July 1, 1997, Executive Memorandum directed the Secretary of
Commerce to privatize the Internet's domain name and addressing system
(DNS) in a manner that increases competition and facilitates
international participation in its management.\1\ In order to fulfill
this Presidential directive, the Department of Commerce in June 1998,
issued a statement of policy on the privatization of the Internet DNS,
known as the DNS White Paper.\2\ In the DNS White Paper, the Department
of Commerce articulated, based upon public input, four principles that
would guide the development of an entity called ``NewCo'' to be
established by the private sector. These principles were: stability; competition; private, bottomup coordination; and
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representation. In particular, the Department of Commerce committed
that it would not conclude its role in DNS management if doing so would
cause instability in the DNS. This process of transitioning to private
sector leadership these coordination and management functions was
termed the DNS Project. The DNS White Paper went on to state that, in
making a decision to enter into an agreement to establish a process to
transfer current U.S. Government management of DNS to such a new
entity, the United States would be guided by, and consider, the
proposed entity's commitment to the principles enumerated above.
\1\ Memorandum on Electronic Commerce, 2 Pub. Papers 898 (July 1, 1997).
\2\ Management of Internet Names and Addresses, 63 Fed. Reg. 31,741 (June 10, 1998).
To this end, the Department of Commerce stated in the DNS White
Paper that it was prepared to enter into an agreement with a new not
forprofit corporation formed by private sector Internet stakeholders.
Private sector interests, in turn, formed the Internet Corporation for
Assigned Names and Numbers (ICANN) for this purpose.\3\ In the fall of
1998, the Department of Commerce entered into a Memorandum of Understanding (MOU) with ICANN, a California notforprofit
corporation, to transition technical DNS coordination and management
functions to the private sector.\4\ The MOU does not give the
Department of Commerce the ability to exercise oversight in the
traditional context of regulation and the Department of Commerce plays
no role in the internal governance or daytoday operations of ICANN.
\3\ For more information on the private sector proposals
received see http://www.ntia.doc.gov/ntiahome/domainname/ background.htm.
\4\ Memorandum of Understanding Between the U.S. Department of
Commerce and the Internet Corporation for Assigned Names and Numbers
(Nov. 25, 1998), http://www.ntia.doc.gov/ntiahome/domainname/icann memorandum.htm.
Since 1998, the MOU evolved through several iterations and
revisions as ICANN tested these principles with the community, learned
valuable lessons, and matured as an organization. Amendments occurred
in 1999, 2000, 2001, and 2002. In 2003, the Department of Commerce
noted the progress that ICANN had made since its inception.
Accordingly, the Department of Commerce and ICANN collaboratively
established more specific milestones to further assist ICANN in meeting
the objectives of the DNS Project. Both the Department of Commerce and
ICANN recognized at this stage that ``much work remained for ICANN to
evolve into an independent, stable, and sustainable DNS management
organization,'' and the agreement was further amended (through
September 30, 2006) to allow sufficient time for ICANN to meet these milestones' objectives.\5\
\5\ Department of Commerce Statement Regarding Extension of
Memorandum of Understanding with the Internet Corporation for
Assigned Names and Numbers (Sept. 16, 2003), http://
www.ntia.doc.gov/ntiahome/domainname/agreements/sepstatement_ 09162003.htm.
On May 23, 2006, NTIA issued a Notice of Inquiry (NOI) and
announced a public consultation on the Continued Transition of the
Technical Coordination and Management of the Internet DNS.\6\ The
public consultation resulted in over 700 contributions from
individuals, private corporations, trade associations, nongovernmental
entities, and governments. The consultation evidenced broad support for
both continuing the transition and the ongoing involvement of the
Department of Commerce. On September 29, 2006, the Department of
Commerce and ICANN signed a JPA extending the MOU.\7\ The JPA expires September 30, 2009.\8\
\6\ Notice of Inquiry and Public Meeting on the Continued
Transition of the Technical Coordination and Management of the
Internet DNS (Nov. 1, 2007), http://www.ntia.doc.gov/ntiahome/ domainname/jpamidtermreview.html.
\7\ All MOU Amendments are available online at http:// www.ntia.doc.gov/ntiahome/domainname/icann.htm.
\8\ Joint Project Agreement Between the U.S. Department of
Commerce and the Internet Corporation for Assigned Names and
Numbers, Amendment 7, http://www.ntia.doc.gov/ntiahome/domainname/ agreements/jpa/ICANNJPA_09292006.htm.
The JPA called for a midpoint review of ICANN's progress towards
becoming an organization with greater transparency and accountability
in its procedures and decision making. NTIA conducted this review by
releasing an NOI on November 2, 2007, and conducting a public meeting
on February 28, 2008.\9\ This review process revealed that, while some
progress had been made, there remained key areas where further work was
required to increase institutional confidence in ICANN.\10\
Specifically, these included longterm stability, accountability,
responsiveness, continued private sector leadership, stakeholder
participation, increased contract compliance, and enhanced competition.
ICANN has stated publicly on several occasions since this midpoint
review, most recently on March 2, 2009, that the JPA will conclude September 30, 2009.\11\
\9\ Notice of Inquiry and comments received are available online
at http://www.ntia.doc.gov/ntiahome/domainname/ jpamidtermreview.html.
\10\ NTIA Statement on the MidTerm Review of the Joint Project
Agreement (JPA) Between NTIA and ICANN, http://www.ntia.doc.gov/ ntiahome/domainname/ICANN_JPA_080402.html.
\11\ See e.g., Paul Twomey, CEO and President, ICANN, Statement
Given at the Welcome Ceremony, 34th ICANN Conference, Mexico City,
(Mar. 2, 2009), http://mex.icann.org/files/meetings/mexico2009/
transcriptopeningceremony02mar09en.txt; Internet Corporation for
Assigned Names and Numbers, 2008 Annual Report (Dec. 31, 2008), at
21, http://www.icann.org/en/annualreport/annualreport2008en.pdf.
FOR FURTHER INFORMATION CONTACT
For questions about this Notice contact: Suzanne R. Sene, Office of International Affairs, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue, N.W., Room 4701, Washington, DC 20230, telephone (202) 4823180; email ssene@ntia.doc.gov. Please direct media inquiries to the Office of Public Affairs, NTIA, at (202) 4827002.