[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

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  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.

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