IANA-Related Legislation Not Likely, Necessary in Next Congress, Say Experts
Next year’s Congress isn’t expected to exert much legislative influence on the transition of the Internet Assigned Numbers Authority (IANA), despite Tuesday’s Republican-dominated elections, Internet governance experts told us this week. Several House Commerce Committee Republicans expressed concerns earlier this year when NTIA announced its intention to transition the IANA functions to ICANN’s global multistakeholder body by Sept. 30, 2015 (see 1404030052). Their worries culminated in the Domain Openness Through Continued Oversight Matters (DOTCOM) Act, sponsored by House Commerce Committee member John Shimkus, R-Ill. (see 1403280070).
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DOTCOM says the GAO should study the IANA transition proposal for up to one year and was passed in the House as an amendment to the National Defense Authorization Act (NDAA) (see 1405230034). It has yet to pass the Senate.
“Congressman Shimkus trusts that the Armed Services Committees are working to make sure the NDAA moves in the lame duck,” said a spokesman. Shimkus believes the DOTCOM provision in the NDAA is a “reasonable, common sense provision that simply ensures we look before we leap,” he said. “Whether as part of the NDAA or not, he'll continue to work to ensure our nation undertakes a responsible process on the IANA transition: one that ensures the Internet remains secure and a forum for freedom of speech and expression free from the control of repressive regimes.”
ICANN CEO Fadi Chehade told us last month at ICANN 51 that “if Congress decides to find a way to stop” the IANA transition next year, Congress will have to “deal with the [Obama] administration,” (see 1410170043).
“The DOTCOM Act has had its intended effect, since the House Commerce Chairman [Greg Walden, R-Ore.] already tasked GAO to analyze and address the risks of IANA transition,” said NetChoice Executive Director Steve DelBianco. “GAO has a team that’s already working on this task.”
"It has always been the case that any plan going to NTIA would receive Congressional scrutiny and multiple agencies would conduct research and write reports on the transition,” emailed John Laprise, an Internet governance consultant and scholar. Laprise called the election a “minor change.” How the transition plays on Capitol Hill is “much less about party and much more about individuals in the Congressional leadership,” he said. That could “require that the IANA transition be even more resistant to state influence or control than was originally envisaged to allay political fears,” said Laprise. But the elections “likely” will decrease the “chances of success on the first submission of a plan,” he said. “NTIA may decide to ‘roll the dice’ and bet on a more favorable general election result in two years by granting an extension owing to the ‘complexity’ of the involved issues.”
“Now that the elections are over, expect to see Congressional committees take another look at the process, priorities, and stress tests for the IANA transition,” said DelBianco. There’s been “a lot of progress since the House hearings in April, especially when it comes to ensuring that ICANN board and management can be held accountable by the Internet community ICANN was created to serve,” he said.
ICANN released revisions to its accountability process proposal before ICANN 51, which many said put the ICANN community back in the driver’s seat to develop a final accountability proposal that corresponds with and extends beyond the IANA transition (see 1410140062).
The elections aren’t likely to have a “material impact” on the transition, said a veteran Internet governance attorney who has represented and consulted for a wide variety of Internet organizations and companies. The administration, NTIA Administrator Larry Strickling and Capitol Hill all have the “same goal in mind,” he said: “They want the transition to happen only if [NTIA’s] requirements are met.” No party involved wants the transition to go “off the rails,” so it’s unlikely legislation to prohibit the transition would be necessary, said the attorney. Congress will have “continued interest” on the issue, but that doesn’t mean it's anymore likely to pass legislation, he said. The transition is going to “take care of itself one way or another.”