Johanns Amendment Signals Possible Change over Congressional Oversight of IANA Transition
The tenor of Congress’ debate over NTIA’s transition of the Internet Assigned Numbers Authority (IANA) could be shifting, said Internet governance experts in interviews last week. A separate “manager’s package” of amendments to the Senate Appropriations Committee’s Commerce, Justice, Science and Related Agencies (CJS) bill FY 2015 was approved Thursday. One amendment (http://1.usa.gov/1kAApKu), introduced by Senate Appropriations Committee member Mike Johanns, R-Neb., seeks quarterly reports from NTIA on the IANA transition and a seven-day notice period before NTIA transfers IANA. The amendment could have a moderating influence on what has become a partisan struggle over if and how IANA is transferred, said experts.
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The amendment and recent public stakeholder comments emphasized ICANN’s accountability review as the organization continues to develop a transition proposal acceptable to NTIA. The comment period for ICANN’s accountability review process ended Friday, and replies are due June 27 (http://bit.ly/1rRIUoh). ICANN CEO Fadi Chehade has said the accountability review and the t
ransition are “interrelated,” (CD April 25 p19). Other stakeholders have said the accountability review is as important as the transition itself.
Compared to the Domain Openness Through Continued Oversight Matters (DOTCOM) amendment (CD June 2 p8), which seeks to delay the transition until a GAO study, or the amendment introduced by Rep. Sean Duffy, R-Ind., seeking to prohibit the transition, Johanns’ amendment is the least preferable, said Americans for Tax Reform Executive Director-Digital Liberty Katie McAuliffe in an interview. The amendment would “strengthen oversight of the NTIA transition process,” said a Johanns’ spokeswoman.
Johanns’ amendment “hopefully indicates that the IANA functions transfer will receive more bipartisan treatment in the Senate than it has so far in the House,” said Phil Corwin, founding principal of e-commerce and intellectual property law consultancy Virtualaw. The amendment “clearly links the IANA transition with an enhanced accountability plan ... consistent with the strong views within the business and IP sectors that NTIA should not approve any IANA transition plan until an acceptable accountability framework accompanies it,” he said. Corwin expects the Duffy amendment to the House CJS bill to fail in the Senate, but said there’s a “huge swath of negotiating room” between Duffy’s and Johanns’ amendments.
The Johanns amendment, “while better than nothing, is problematic,” said McAuliffe. The amendment assumes NTIA can oversee itself, and its seven-day notice is a “huge problem,” she said. “We know how slow bureaucracy moves, so it doesn’t give the Senate or the House time to respond” to the final transition, she said. McAuliffe sees DOTCOM as the “best” option for the transition.
"In contrast to House actions, the Senate has provided a less dramatic and potentially effective means of ensuring a smooth transition of IANA functions,” said CEO Nao Matsukata of FairWinds Partners, a domain consultancy. He said Johanns’ amendment “sets the stage for further discussion of the issue between Republicans and Democrats, but also further underscores the divide between the Republican and Administration’s vision of Internet governance."
In light of the IANA transition, “ICANN’s continuing stability and global legitimacy will depend on building a comprehensive accountability framework upon which all stakeholders can rely,” MPAA commented to ICANN (http://bit.ly/1lbRiKd). “Consensus has already begun to solidify around the need for a new, independent accountability body,” which should review and strength ICANN’s bylaws and establish a grievance process in the event of bylaw violations, said the entertainment lobby. MPAA and Verizon (http://bit.ly/1j7nvhB), in separate comments, said the accountability review should be completed before making the transition.
The appointment process and timeframe for members to ICANN’s Accountability Working Group isn’t “clear,” said the Coalition for Online Accountability (http://bit.ly/1i9sG0t). COA members include the American Society of Composers, Authors and Publishers, Broadcast Music Inc., the Entertainment Software Association and RIAA. The working group is scheduled to begin its activities in time for the ICANN 50 meeting (http://bit.ly/ScSgL2) June 22 in London, but a “more realistic timetable” would be after the conference, COA said.