[Congressional Record (Bound Edition), Volume 154 (2008), Part 7] [Senate] [Pages 9017-9018] [From the U.S. Government Publishing Office, www.gpo.gov]SUBMITTED RESOLUTIONS ______ SENATE RESOLUTION 564--EXPRESSING THE SENSE OF THE SENATE REGARDING OVERSIGHT OF THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS Ms. SNOWE (for herself, Mr. Thune, Mrs. Hutchison, Mr. Nelson of Florida, Mr. Coleman, Mr. Stevens, and Mr. Smith) submitted the following resolution; which was referred to the Committee on Commerce, Science, and Transportation: S. Res. 564 Whereas, more than 35 years ago, the Federal Government began funding research necessary to develop packet-switching technology and communications networks, starting with the ``ARPANET'' network established by the Department of Defense's Advanced Research Projects Agency (DARPA) in the 1960s; Whereas, during the 1970s, DARPA also funded the development of a ``network of networks'', which became known as the Internet; Whereas the National Science Foundation (NSF) in 1987 awarded a contract to the International Business Machines Corporation (IBM), MCI Incorporated, and Merit Network, Incorporated, to develop ``NSFNET'', a national high-speed network based on Internet protocols, that provided a ``backbone'' to connect other networks serving more than 4,000 research and educational institutions throughout the country; Whereas Congress knew of the vast impact the Internet could have and the requirement of private sector investment, development, technical management, and coordination to achieve that potential, so in 1992 Congress gave NSF statutory authority to allow commercial activity on the NSFNET; Whereas today the industry, through private sector investment, management, and coordination, has become a global communications network of infinite value; Whereas part of the ARPANET development process was to create and maintain a list of network host names and addresses, which was initially done by Dr. Jonathan Postel at the University of Southern California (USC), and eventually these functions became known as the Internet Assigned Numbers Authority (IANA); Whereas Dr. Postel's performance of these functions was initially funded by the Federal Government under a contract between the DARPA and USC's Information Sciences Institute (ISI), however, responsibility for these functions was subsequently transferred to the Internet Corporation for Assigned Names and Numbers (ICANN); Whereas ICANN performs the IANA functions, which include Internet Protocol (IP) address allocation, Domain Name System (DNS) root zone coordination, and the coordination of technical protocol parameters, through a contract with the Department of Commerce; Whereas, since its inception, the performance of the IANA functions contract has been physically located in the United States; Whereas the DNS root zone file contains records of the operators of more than 280 top-level domains (TLDs); Whereas, as of December 31, 2007, more than 153,000,000 domain names have been registered worldwide across all of the Top Level Domain Names; Whereas, since 2000, the Internet community has worked toward providing non- English speakers a way to navigate the Internet in their own language through the use of Internationalized Domain Names (IDNs); Whereas, according to ICANN, of the 905 ICANN-accredited domain name registrars, 571 of them (63 percent) are based in the United States; Whereas ICANN intends to introduce approximately 900 new Top Level Domains over the next several years; Whereas, in January 2007, approximately 51,000,000 domain names were registered, but only 3,000,000 were eventually paid for, and more than 48,000,000 were left to expire after the 5 day registration grace period; Whereas the World Intellectual Property Organization reported in April 2007 that the number of Internet domain name cybersquatting disputes increased 25 percent in 2006; Whereas a 2006 Zogby Interactive poll of small business owners found that 78 percent of those polled stated that a less reliable Internet would damage their business; Whereas, understanding that the Internet was rapidly becoming an international medium for commerce, education, and communication, and that the initial means of organizing its technical functions needed to evolve, the United States issued the ``White Paper'' in 1998, stating its support for transitioning the management of Internet names and addresses to the private sector in a manner that allows for the development of robust competition and facilitate global participation in Internet management; Whereas the Federal Government is committed to working with the international community to address its concerns, bearing in mind the need for stability and security of the Internet's domain name and addressing system; 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, done at Paris December 10, 1948, and reaffirmed in the Geneva Declaration of Principles adopted at the first phase of the World Summit on the Information Society, December 12, 2003; Whereas the United States Principles on the Internet's Domain Name and Addressing System, issued on June 30, 2005, stated that the United States government intends to preserve the security and stability of the Internet's Domain Name and Addressing System (DNS), that governments have legitimate interest in the management of their country code top level domains (ccTLDs), and that ICANN is the appropriate manager of the Internet DNS; Whereas all stakeholders from around the world, including governments, are encouraged to advise ICANN in its decision- making; Whereas ICANN has made progress in its efforts to ensure that the views of governments and all Internet stakeholders are reflected in its activities; Whereas the Organisation for Economic Co-operation and Development has issued consumer policy guidelines calling for online businesses to ``provide accurate, clear and easily accessible information about themselves sufficient to allow, at a minimum . . . prompt easy and effective consumer communication with the business'', and ``businesses that provide false contact information can undermine the online experience of a consumer that decides to conduct a WHOIS search about the business''; Whereas the WHOIS databases provide a crucial tool for law enforcement to track down online fraud, identity theft, and other online illegal activity, but law enforcement is often hindered in the pursuit of perpetrators because the perpetrators are hiding behind the anonymity of proxy or false registration information: Now, therefore, be it Resolved, That it is the sense of the Senate that-- (1) while the Internet Corporation for Assigned Names and Numbers (ICANN) has made progress in the areas of transparency and accountability as directed by the Joint Project Agreement (JPA), the unique role ICANN has in the coordination of the technical management functions related to the domain name and addressing system, and the direct effects of the decisions ICANN makes on thousands of businesses with an online presence and millions of Internet users, make it critical that more progress be made by ICANN in areas of transparency, accountability, and security for improved stability of the Domain Name and Addressing System (DNS) and the Internet; (2) the private sector's ongoing success in investing, building, and developing the Internet is unparalleled and industry self-regulation must be assured through more effective contract compliance efforts by ICANN; (3) WHOIS databases provide a vital tool for businesses, the Federal Trade Commission, and other law enforcement agencies to track down brand infringement, online fraud, identity theft, and other online illegal activity, as well as for consumers to determine the availability of domain names and to easily and effectively communicate with online businesses; (4) increased involvement and participation in various ICANN processes by international private sector organizations should be encouraged; (5) the United States and other countries should continue to allow the marketplace to work and allow private industries to lead in the management and coordination of the DNS; (6) the performance of the Internet Assigned Numbers Authority (IANA) functions contract, including updates of the root zone file, should remain physically located within the United States, and the Secretary of Commerce should maintain oversight of this contract; and (7) ICANN should continue to manage the day-to-day operation of the Internet's Domain Name and Addressing System well, to remain responsive to all Internet stakeholders worldwide, and to otherwise fulfill its core technical mission. Ms. SNOWE. Mr. President, I rise today to introduce a resolution on the oversight of the Internet Corporation for Assigned Names and Numbers, ICANN. This resolution is the result of the National Telecommunications & Information Administration, NTIA, recently concluding the mid-term review of its Joint Project Agreement, JPA, with ICANN, which is a contract between them for the purpose of transitioning the Internet domain name and addressing system, or Domain Name System, DNS, to a private sector, multi-stakeholder model of leadership. The JPA required NTIA to conduct this mid-term review to assess the [[Page 9018]] transition and ICANN's progress towards becoming a more stable organization with greater transparency and accountability in its procedures and decision-making. While ICANN has made notable progress in meeting the responsibilities outlined in the JPA, additional improvement and enhancement in specific areas can and should be made. As a result, it is necessary for Congress to voice the importance of continued U.S. oversight of ICANN. This oversight has provided a strong foundation for ICANN's development and is critical for greater progress in areas such as accountability, transparency, and contract compliance. At the same time, it is imperative that the U.S. as well as other governments maintain a ``hands off'' approach to ICANN so the private sector can continue to lead in the management and coordination of the DNS. While ICANN, for the mid-term review, detailed the progress it has made in meeting its commitments under the JPA, it is somewhat premature for the organization to suggest the JPA is ``no longer necessary'' and it should become independent of U.S. oversight. In addition, numerous organizations submitted comments to NTIA expressing serious concerns about risks that might develop if the JPA and U.S. oversight of ICANN were terminated. In particular, uncertainty could arise with resolving legal or contract disputes if ICANN relocated to an unknown legal jurisdiction. Also, ICANN could be unduly influenced by a country or group of countries that do not embrace innovation or freedom of expression--basically usurping the private sector's leadership, which would deter critical investment and jeopardize the openness of the Internet. This resolution provides the required assurance to these concerned organizations and to all businesses around the world in regard to maintaining the security, integrity, and stability of the DNS through continued oversight of ICANN's responsibilities. Specifically, this resolution details key points about the formation of the Internet and domain names, ICANN's efforts, concerns about the growth of domain name abuses, and the United States' transitioning of the DNS to the international community. The resolution then calls for additional improvement to be made by ICANN in areas of transparency, accountability, and security for improved stability of the DNS, as well as more effective contract compliance to ensure the private sector's ongoing success with developing the Internet and industry self- regulation. Additionally, the resolution voices how vital a tool WHOIS databases are for consumers, businesses, and law enforcement--these publicly accessible databases provide contact information and data on registered domain names, which can assist in establishing trust, resolving disputes, and pursuing online crimes. The resolution also calls for increased participation in ICANN processes by international private sector organizations, and states that all governments should apply a ``hands off'' approach to ICANN so the private sector's leadership with the DNS can continue unabated. The resolution concludes by stating the Internet Assigned Numbers Authority, IANA, functions contract should physically remain in the U.S. and that NTIA should maintain oversight of this contract. IANA is the entity responsible for coordinating the Internet's number resources, domain names, and protocol parameters--it is operated solely by ICANN. As well, the resolution states ICANN should continue to manage the operation of the DNS and remain responsive to all Internet stakeholders. Without question, the Internet's vast impact on the world and this Nation is profoundly indelible and undeniable--there are currently more than 1.3 billion Internet users and more than 165 million websites worldwide. And the Internet is poised to have another remarkable chapter written about its future. The private sector and ICANN have played an essential role in the development of the Internet and they will continue to do so. The private sector has and continues to make significant investments in the Internet infrastructure as well as with content and applications. Additionally, ICANN may introduce hundreds of new Top Level Domains, TLDs, over the next several years--TLDs are basically domain name suffixes such as .com, .net, .edu, .us, and .mobi that signify a particular class of organizations or country. These possible new TLDs coupled with the migration from Internet Protocol version 4 to version 6, IPv6, which supplies an exponentially larger address space, provides a large expanse for the Internet to grow and for the innovation that will follow. While the potential of the Internet and the benefits it will provide are infinite, if the stability, integrity, and security of the DNS are compromised in any way, it could be detrimental to the future of the Internet and all its users. That is why it is paramount the U.S. continue to have a watchful eye with ICANN to ensure that those critical areas are not hampered. Therefore, I hope my colleagues will join Senators Thune, Hutchison, Bill Nelson, Coleman, Stevens, Smith, and me in supporting the critical resolution. ____________________