NTIA :: RFC :: Assessment of the Transition of the Technical Coordination and Management of the Internet’s Domain Name and Addressing System

DEPARTMENT OF COMMERCE National Telecommunications and Information Administration [Docket No. 090420688–9689–01] Assessment of the Transition of the Technical Coordination and Management of the Internet's Domain Name and Addressing System AGENCY: National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice of Inquiry. 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. DEPARTMENT OF COMMERCE National Telecommunications and Information Administration [Docket No. 090420688–9689–01] Assessment of the Transition of the Technical Coordination and Management of the Internet's Domain Name and Addressing System AGENCY: National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice of Inquiry. 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. DATES: Comments are due on or before June 8, 2009. ADDRESSES: Written comments may be submitted by mail to Fiona M. Alexander, Associate Administrator, Office of International Affairs, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue, N.W., Room 4701, Washington, DC 20230. Paper submissions should include a three and one–half inch computer diskette or compact disc (CD) in HTML, ASCII, Word, WordPerfect, rtf, or pdf format (please specify version). Diskettes or CDs should be labeled with the name and organizational affiliation of the filer and the name of the word processing program used to create the document. Alternatively, comments may be submitted electronically to DNSTransition@ntia.doc.gov. Comments provided via electronic mail also should be submitted in one or more of the formats specified above. Comments will be posted to NTIA's website at http://www.ntia.doc.gov/comments/2009/dnstransition. 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) 482–3180; email ssene@ntia.doc.gov. Please direct media inquiries to the Office of Public Affairs, NTIA, at (202) 482–7002. SUPPLEMENTARY INFORMATION: Background . . . . . REQUEST FOR COMMENT: Given the upcoming expiration of the current JPA between the Department of Commerce and ICANN, NTIA seeks comments regarding the progress of the transition of the technical coordination and management of the Internet DNS to the private sector, as well as the model of private sector leadership and bottom– up policy development which ICANN represents. The questions below are intended to assist in identifying the issues and should not be construed as a limitation on comments that may be submitted. Comments that contain references, studies, research, and other empirical data that are not widely published should include copies of the referenced materials with the submitted comments. 1. The DNS White Paper articulated four principles (i.e., stability; competition; private, bottom–up coordination; and representation) necessary for guiding the transition to private sector management of the DNS. Are these still the appropriate principles? If so, have these core principles been effectively integrated into ICANN's existing processes and structures? 2. The goal of the JPA process has been to transition the coordination of DNS responsibilities, previously performed by the U.S. Government or on behalf of the U.S. Government, to the private sector so as to enable industry leadership and bottom–up policy making. Is this still the most appropriate model to increase competition and facilitate international participation in the coordination and management of the DNS, bearing in mind the need to maintain the security and stability of the DNS? If yes, are the processes and structures currently in place at ICANN sufficient to enable industry leadership and bottom–up policy making? If not, what is the most appropriate model, keeping in mind the need to ensure the stability and security of the Internet DNS? 3. The original agreement and the first six amendments to the JPA contained a series of core tasks, and in some cases, date–specific milestones. Have these tasks been accomplished and have these milestones been met? If not, what remains and what steps should be taken to successfully address them? 4. In 2006, the focus on specific milestones was adjusted to a series of broad commitments endorsed by the ICANN Board as an annex to the JPA. Specifically, ICANN committed to take action on the responsibilities set out in the Affirmation of Responsibilities established in ICANN Board Resolution 06.71, dated September 25, 2006.12 Those responsibilities included activities in the following categories: security and stability, transparency, accountability, root server security and relationships, TLD management, multi– stakeholder model, role of governments, IP addressing, corporate responsibility, and corporate administrative structure.  What steps has ICANN taken to meet each of these responsibilities? Have these steps been successful? If not, what more could be done to meet the needs of the community served in these areas? 5. The current JPA called for NTIA to conduct a mid–term review. That review revealed that ICANN needed to take further steps to increase institutional confidence related to long– term stability, accountability, responsiveness, continued private sector leadership, stakeholder participation, increased contract compliance, and enhanced competition. What steps has ICANN taken to address the concerns expressed in the mid–term review process? Have these steps been successful? If not, what more could be done to meet the needs of the community served in these areas? 6. The JPA between the Department of Commerce and ICANN is an agreement by mutual consent to effectuate the transition of the technical coordination and management of the Internet DNS in a manner that ensures the continued stability and security of the Internet DNS. Has sufficient progress been achieved for the transition to take place by September 30, 2009? If not, what should be done? What criteria should be used to make that determination? 7. Given the upcoming expiration of the JPA, are there sufficient safeguards in place to ensure the continued security and stability of the Internet DNS, private sector leadership, and that all stakeholder interests are adequately taken into account? If yes, what are they? Are these safeguards mature and robust enough to ensure protection of stakeholder interests and the model itself in the future? If no, what additional safeguards should be put in place? 8. The JPA provides that before its termination, NTIA and ICANN are to collaborate on a DNS Project Report that will document ICANN's policies and procedures designed and developed pursuant to the agreement. What should be included in this report? EX PARTE COMMUNICATIONS: . . . . . Dated: April 20, 2009. Anna M. Gomez, Acting Assistant Secretary Fed Reg April 24 http://www.ntia.doc.gov/frnotices/2009/FR_ICANNVol.74_No78_Apr242009.pdf