[Congressional Record Volume 151, Number 152 (Wednesday, November 16, 2005)]
[Senate]
[Pages S13063-S13065]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REGARDING OVERSIGHT OF THE INTERNET CORPORATION FOR ASSIGNED NAMES AND 
                                NUMBERS

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of S. Res. 317, submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 317) expressing the sense of the 
     Senate regarding oversight of the Internet Corporation for 
     Assigned Names and Numbers.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LEAHY. Mr. President, today at the World Summit on the 
Information Society, an agreement was announced to maintain the current 
structure for managing the Internet. This agreement marks a critical 
step toward ensuring the stability and security of the Internet and 
preserving its benefits not only for the United States, but for 
countries across the globe.
  In late October I joined with the other cochairs of the Internet 
Caucus in a letter to the White House urging the administration to 
stand firm in its position to protect the Internet and resist efforts 
to undo the structure that has worked so well so far. I also joined 
Senator Burns in offering a resolution to maintain the currently 
effective status quo on Internet governance. The agreement that now has 
been reached in Tunis to maintain the current structure for managing 
domain names and the Internet is consistent with our efforts.
  The value of the Internet is incalculable. The Internet has brought 
an unprecedented level of commercial exchanges in both the consumer and 
business-to-business realms. It has spawned and prompted the 
development of new ideas, businesses and relationships. It has 
empowered people who have never had access to power and otherwise would 
likely never have an opportunity to be heard, much less challenge or 
influence public policy and institutional power. It has introduced and 
cemented friendships across the globe, and it has distributed 
information and fostered greater understanding and awareness of others' 
ideas and others' cultures. Becoming part of a global Internet 
environment has also shown us we are part of the wider world in which 
all of us live. It is values like these that no doubt our world 
partners are seeking to preserve in their proposals, yet would 
unwittingly undermine.
  The United States developed and nourished the Internet. The open 
economy and constitutional liberties that are the foundations of our 
Nation allowed us the privilege and extraordinary responsibility to 
serve as the great incubator that has unleashed these spectacular 
developments and benefits.
  No doubt we can do even better. Some have benefited substantially 
more than others. We have further strides to make before eradicating 
the digital divide and narrowing the gaps between the haves and have-
nots. We also need to be vigilant in maintaining the essential freedom 
and influences that have kept the Internet flourishing. We should work 
closely with other countries to address challenges and concerns as they 
arise. By proceeding prudently and knowledgeably, taking care not to 
jeopardize the innovations and openness that have allowed the Internet 
to thrive, we can foster progress and continue to enjoy the benefits 
the Internet continues to bring to the world.
  I ask unanimous consent that a copy of the letter from the Internet 
Caucus cochairs to the White House and today's Associated Press article 
``Deal Reached on Managing the Internet'' be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                Congress of the United States,

                                 Washington, DC, October 24, 2005.
     Hon. George W. Bush,
     The President of the United States, The White House, 
         Washington, DC.
       Dear President Bush: As co-chairs of the Congressional 
     Internet Caucus, we are writing to applaud your position that 
     governance of the Internet should not be transferred to an 
     international government organization and to urge you to 
     communicate this position to the international community 
     during the upcoming World Summit on the Information Society 
     (WSIS) in Tunisia.
       As you know, the Internet's domain name system (DNS) is 
     administered by the Internet Corporation for Assigned Names 
     and Numbers (ICANN), a private, nonprofit organization based 
     in the United States that works closely with the U.S. 
     Department of Commerce. We believe that this privately-
     operated approach fosters market principles and is the most 
     efficient way to administer the DNS. The greater the 
     government involvement in running the Internet's day-to-day 
     operations, the more likely that red tape and overly 
     burdensome regulations will result.

[[Page S13064]]

       However, the U.N., with the support of countries including 
     China, Iran, and Cuba, released a report earlier this year 
     which included proposals to take control of administration of 
     the Internet from the U.S.-based ICANN and give it to a 
     bureaucratic U.N. body. Recently, the EU has signaled that it 
     would also support having an international body oversee the 
     Internet. We believe that it is unacceptable for the U.N. to 
     administer the Internet, and are extremely concerned that the 
     EU would move toward this position.
       The United States is uniquely positioned to protect the 
     fundamental principles of free press and free speech upon 
     which the Internet has thrived. The U.S. Constitution 
     guarantees that basic rights, and to cede control of the 
     Internet to countries with at best questionable records 
     regarding these rights could jeopardize the continued success 
     of the Internet and lead to significant restrictions on 
     access to the Internet's wealth of information.
       With the WSIS convening next month in Tunisia, we urge you 
     to continue to take a strong stand for the principles that 
     have guided the administration of the Internet to date and 
     fostered the phenomenal growth of the Internet: ftee market 
     principles, the freedoms of speech and the press, and limited 
     bureaucratic involvement.
       Thank you again for your work to ensure the freedom and 
     effective administration of the Internet. We look forward to 
     continuing to work with you on this important issue.
           Sincerely,
     Bob Goodlatte,
       Member of Congress.
     Conrad Burns,
       United States Senator.
     Rich Boucher,
        Member of Congress.
     Patrick Leahy,
       United States Senator.
                                  ____


                 Deal Reached on Managing the Internet

                            (By Matt Moore)

       A summit focusing on narrowing the digital divide between 
     the rich and poor residents and countries opened Wednesday 
     with an agreement of sorts on who will maintain ultimate 
     oversight of the Internet and the flow of information, 
     commerce and dissent.
       The World Summit on the Information Society had been 
     overshadowed by a lingering, if not vocal, struggle about 
     overseeing the domain names and technical issues that make 
     the Internet work and keep people from Pakistan to Canada 
     surfing Web sites in the search for information, news and 
     buying and selling.
       Negotiators from more than 100 countries agreed late 
     Tuesday to leave the United States in charge of the 
     Internet's addressing system, averting a U.S.-EU showdown at 
     this week's U.N. technology summit.
       U.S. officials said early Wednesday that instead of 
     transferring management of the system to an international 
     body such as the United Nations, an international forum would 
     be created to address concerns. The forum, however, would 
     have no binding authority.
       U.S. Assistant Secretary of Commerce Michael Gallagher said 
     the deal means the United States will leave day-to-day 
     management to the private sector, through a quasi-independent 
     organization called the Internet Corporation for Assigned 
     Names and Numbers, or ICANN.
       ``The Internet lives to innovate for another day,'' he told 
     The Associated Press.
       Negotiators have met since Sunday to reach a deal ahead of 
     the U.N. World Summit on the Information Society, which 
     starts Wednesday. World leaders are expected to ratify a 
     declaration incorporating the deal during the summit, which 
     ends Friday.
       While the summit drew thousands of people from around the 
     world, most western countries opted not to send their top-
     ranking leaders, preferring instead to send government 
     workers and low-level figures.
       However, other leaders were scheduled to attend, including 
     Nigerian President Olusegun Obasanjo, Senegal's Abdulaye Wade 
     and Libyan leader Moamer Kadhafi. Venezuelan President Hugo 
     Chavez was due to fly to the summit Wednesday, organizers 
     said.
       The summit was originally conceived to address the digital 
     divide--the gap between information haves and have-nots--by 
     raising both consciousness and funds for projects.
       Instead, it has centered largely around Internet 
     governance: oversight of the main computers that control 
     traffic on the Internet by acting as its master directories 
     so Web browsers and e-mail programs can find other computers.
       The accord reached late Tuesday also called for the 
     establishment of a new international group to give more 
     countries a stronger say in how the Internet works, including 
     the issue of making domain names--currently done in the Latin 
     languages--into other languages, such as Chinese, Urdu and 
     Arabic.
       Under the terms of the compromise, the new group, the 
     Internet Governance Forum, would start operating next year 
     with its first meeting opened by Annan. Beyond bringing its 
     stakeholders to the table to discuss the issues affecting the 
     Internet, and its use, it won't have ultimate authority.
       Viviane Reding, the EU Commissioner for Information Society 
     and Media, said the agreement paved the way for a progressive 
     forward motion in overseeing Internet governance.
       ``This agreement was possible because of the strong belief 
     of all democratic nations that enhanced international 
     cooperation is the best way to make progress towards 
     guaranteeing the freedom of the Internet around the globe and 
     also to enhance transparency and accountability in decisions 
     affecting the architecture of the Web,'' she said.
       ``The fact that the EU spoke with one voice in Tunis, and 
     had stood by its case for more cooperation on Internet 
     governance in the run-up to the summit, certainly strongly 
     influenced this positive agreement,'' she said.
       U.S. Assistant Secretary of Commerce Michael D. Gallagher 
     said the compromise's ultimate decision is that leadership of 
     the Internet, and its future direction, will remain in the 
     hands of the private sector, although some critics contend 
     that the U.S. government, which oversees ICANN, if only 
     nominally, could still flex its muscle in future decisions.
       ``The rural digital divide is isolating almost 1 billion of 
     the poorest people who are unable to participate in the 
     global information society,'' the agency said in a statement.
       Ahead of the summit, rights watchdogs say, both Tunisian 
     and foreign reporters have been harassed and beaten. 
     Reporters Without Borders says its secretary-general, Robert 
     Menard, has been banned from attending.

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, and the motion to 
reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 317) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 317

       Whereas the origins of the Internet can be found in United 
     States Government funding of research to develop packet-
     switching technology and communications networks, starting 
     with the ``ARPANET'' network established by the Department of 
     Defense's Advanced Research Projects Agency in the 1960s and 
     carried forward by the National Science Foundation's 
     ``NSFNET'';
       Whereas in subsequent years the Internet evolved from a 
     United States Government research initiative to a global tool 
     for information exchange as in the 1990s it was 
     commercialized by private sector investment, technical 
     management and coordination;
       Whereas since its inception the authoritative root zone 
     server--the file server system that contains the master list 
     of all top level domain names made available for routers 
     serving the Internet--has been physically located in the 
     United States;
       Whereas today the Internet is a global communications 
     network of inestimable value;
       Whereas the continued success and dynamism of the Internet 
     is dependent upon continued private sector leadership and the 
     ability for all users to participate in its continued 
     evolution;
       Whereas in allowing people all around the world freely to 
     exchange information, communicate with one another, and 
     facilitate economic growth and democracy, the Internet has 
     enormous potential to enrich and transform human society;
       Whereas existing structures have worked effectively to make 
     the Internet the highly robust medium that it is today;
       Whereas the security and stability of the Internet's 
     underlying infrastructure, the domain name and addressing 
     system, must be maintained;
       Whereas the United States has been committed to the 
     principles of freedom of expression and the free flow of 
     information, as expressed in Article 19 of the Universal 
     Declaration of Human Rights, and reaffirmed the Geneva 
     Declaration of Principles adopted at the first phase of the 
     World Summit on the Information Society;
       Whereas the U.S. Principles on the Internet's Domain Name 
     and Addressing System, issued on June 30, 2005, represent an 
     appropriate framework for the coordination of the system at 
     the present time;
       Whereas the Internet Corporation for Assigned Names and 
     Numbers popularly known as ICANN, is the proper organization 
     to coordinate the technical day-to-day operation of the 
     Internet's domain name and addressing system;
       Whereas all stakeholders from around the world, including 
     governments, are encouraged to advise ICANN in its decision-
     making;
       Whereas ICANN makes significant efforts to ensure that the 
     views of governments and all Internet stakeholders are 
     reflected in its activities;
       Whereas governments have legitimate concerns with respect 
     to the management of their country code top level domains;
       Whereas the United States Government is committed to 
     working successfully with the international community to 
     address those concerns, bearing in mind the need for 
     stability and security of the Internet's domain name and 
     addressing system;
       Whereas the topic of Internet governance, as currently 
     being discussed in the United Nations World Summit on the 
     Information Society is a broad and complex topic;
       Whereas it is appropriate for governments and other 
     stakeholders to discuss Internet

[[Page S13065]]

     governance, given that the Internet will likely be an 
     increasingly important part of the world economy and society 
     in the 21st Century;
       Whereas Internet governance discussions in the World Summit 
     should focus on the real threats to the Internet's growth and 
     stability, and not recommend changes to the current regime of 
     domain name and addressing system management and coordination 
     on political grounds unrelated to any technical need; and
       Whereas market-based policies and private sector leadership 
     have allowed this medium the flexibility to innovate and 
     evolve: Now, therefore, be it
       Resolved by the Senate, That it is the sense of the Senate 
     that--
       (1) it is incumbent upon the United States and other 
     responsible governments to send dear signals to the 
     marketplace that the current structure of oversight and 
     management of the Internet's domain name and addressing 
     service works, and will continue to deliver tangible benefits 
     to Internet users worldwide in the future; and
       (2) therefore the authoritative root zone server should 
     remain physically located in the United States and the 
     Secretary of Commerce should maintain oversight of ICANN so 
     that ICANN can continue to manage the day-to-day operation of 
     the Internet's domain name and addressing system well, remain 
     responsive to all Internet stakeholders worldwide, and 
     otherwise fulfill its core technical mission.

                          ____________________