Lawrence Strickling

Country:	USA
Website:	[www.larrystrickling.com www.larrystrickling.com]
LinkedIn:	[Lawrence Strickling Lawrence Strickling]

Lawrence Strickling is a technology policy expert. He is the current Assistant Secretary for Communications and Information and Administrator of the National Telecommunications and Information Administration (NTIA) under the U.S. Department of Commerce (DOC). He was sworn into office on June 25, 2009. As NTIA administrator, he is responsible in making sure that the agency's initiatives will result to the expansion of broadband internet access and the internet will continue as an effective vehicle for economic growth and innovation. He is one of the main contact points between ICANN and the U.S. Government.

Career History

Strickling started his career as a Litigation Partner in 1976 at Kirkland & Ellis LLP. , a law firm based in Chicago, where he worked until 1987. He became Vice President for Public Policy of Ameritech, one of the Regional Bell Operating Companies for more than four years from February 1993 to September 1997. After serving Ameritech, he went on to work for the Federal Communications Commission (FCC) as Chief of the Common Carrier Bureau from 1998 to 2000. He was responsible for promoting competition and consumer protection within the communications industry by implementing the rules set forth by the Telecommunications Act of 1996. He also served as Associate General Counsel and Chief of the Commissions Competition Division before serving as Chief of the Common Carrier Bureau. In 2000, he served as Executive Vice President and General Counsel for CoreExpress for more than one year. He joined Allegiance Telecom as Senior Vice president in 2002 and left the company after 2 years. In September, 2004, Strickling was hired by Broadwing Communications as Chief Regulatory Officer. He left the company in 2007 and joined the Obama for America in May, 2007, as Policy Coordinator. On March 26, 2009, President Barack Obama announced Strickling’s nomination as Assistant Secretary for Communications and Information under the Department of Commerce. He assumed his position on June 25, 2009.

As Assistant Secretary of Communications and Information, Strickling supervised the Recovery Act Broadband Grants Program worth more than $4.7 billion. He is currently managing the implementation and oversight of the program and ensures that the nationwide broadband project will be effective and installed on schedule and the Americans will benefit from it. He was also instructed by President Obama to supervise NTIA's initiatives for domestic and global Internet policy and administrative issues, particularly the Internet Policy Task Force of the Department of Commerce. He also plays an important role as an advocate for the United States government's position abroad in connection with its Internet policies and participates in the different activities of ICANN in order to promote the stability and security of the Domain Name System (DNS).

Membership

• Chairman of the Board of Visitors- Maryland School of Public Policy
• Chairman of the Board of Trustees- University of Chicago Court Theatre
• Chairman Board of Directors- Music of the Baroque in Chicago

ICANN Involvement

ATRT Member

As Assistant Secretary for Communication and Information of the Department of Commerce and NTIA Administrator, Strickling actively participates in the different activities and policy development issues of ICANN. He is an ex-officio member of ICANN's Accountability and Transparency Review Team (ATRT).

ICANN Cartagena Board Meeting

During the ICANN meeting in Cartagena on December 7, 2010, Strickling pointed out the United States government’s commitment to the Internet governing body’s multi-stakeholder model. He informed the ICANN Board that he spent 12 months analyzing the global expansion of the multi-stakeholder model to other realms of Internet policy development, and that the Department of Commerce established the Internet Policy Task Force, which is to concentrate on issues related to online privacy, copyright protection, cyber security and the free flow of information worldwide. He also pointed out that the Affirmation of Commitments between ICANN and the United States government is a serious document. ICANN needs to keep its responsibilities in the Affirmation of Commitments and promote high quality decision-making. Regarding the expansion of new gTLD’s, he pointed out tha U.S. government is expecting ICANN to issue a serious economic study since other governments and organizations expressed their concerns and cited that the costs of the large expansion of top level domain names outweigh the benefits. Furthermore, he stressed that one of the top challenges for ICANN is its relationship with foreign governments, and he stressed that the Governmental Advisory Committee (GAC) is the perfect avenue for ICANN to reach out, deal with foreign governments and show the benefits of participating in the ICANN process.

Remarks During the ICANN 40 Meeting

During his keynote speech at the ICANN 40 meeting in San Francisco on March 14, 2011, Strickling informed the ICANN Community that the United States government is "absolutely committed to the multi-stakeholder process as an essential strategy for dealing with Internet policy issues and to the ICANN model as the best way to preserve and protect the security and stability of the Internet." However the Assistant Secretary also stressed that, "we should never shy away from critically evaluating its performance and making improvements where appropriate." He also said that he spends a lot of time and effort in making sure that ICANN's reality measures up to its vision. In his speech he also informed the ICANN community that the Internet Policy Task Force created by the DOC Secretary will work to:

• Enhance Internet privacy
• Ensure cybersecurity
• Protect online copyright
• Ensure the free flow of global information

Strickling enumerated some of the achievements of ICANN such as the introduction of 27 Internationalized country code top level domain names (IDN ccTLDs), the implementation of a review team process as stipulated in the Affirmation and the effort made by the ICANN Board and the Governmental Advisory Committee (GAC) to work together to increase the number of generic top level domain names (gTLDs). However, he also expressed some of his disappointments. Despite ICANN's accomplishments, he strongly emphasized that ICANN still needs to work to realize its vision. He expressed his disappointment with some of ICANN's decisions to remove the cross-ownership restriction. He stated that,"the Board still has not explained the basis of its decision to shift from no cross ownership to de minimus cross ownership to full cross ownership over the course of a single calendar year." He was also disappointed by the Boards decision to reverse its commitment to conduct further economic studies regarding the impact of new gTLDS. He emphasized that these decisions demonstrated that, "ICANN still has work to do to ensure that decisions made related to the global technical coordination of the DNS are in the public interest and are accountable and transparent." To help ICANN realize its vision, the Assistant Secretary made three recommendations:

• Implement the Recommendations of the Accountability and Transparency Review Team (ATRT)
• Work harder to engage governments in the multi-stakeholder process by providing them a meaningful opportunity to participate and be heard inside of ICANN
• Stop making decisions by yourself

Issue on Co-Ownership Between Registries and Registrars for Existing and New gTLDs

On June 16, 2011, Strickling wrote to the ICANN Board through is Chairman Peter Dengate Thrush in conjunction with the implementation of the new gTLD programs. The DOC Assistant Secretary pointed out that some of the resolutions approved by the ICANN Board will affect the competition within the DNS market place such as the non-restriction for cross-ownership between registries and registrars and allowing existing registry operators to adopt the new form of registry agreement once the new gTLD program is implemented. Strickling pointed out that it is critical to preserve competition as well as consumer protection. He advised the ICANN Board to evaluate and consider the concerns raised by the European Commission and other competition authorities before implementing the changes adopted by the Board regarding the restriction changes on cross-ownership between registries and registrars for existing and new gTLDs. Furthermore, he shared the evaluation and advice provided by the U.S. Department of Justice Anti-Trust Division regarding the issues.

Speech During the IGF USA Meeting

In a speech delivered during the Internet Governance Forum USA Meeting on July 18, 2011, Strickling reiterated the United States government's commitment to the multi-stakeholder governance model of the Internet. He stressed that he is pleased with ICANN's move in adopting the 27 accountability and transparency recommendations he submitted to the Board, including the suggestion related to the importance of GAC advice in connection with gTLDs. He encouraged ICANN Staff to implement the recommendations "rapidly and thoroughly". The NTIA Assistant Secreatary also acknowledged the reality that not all proposals were included in the Final Applicant Guidebook, and that this doesn't mean that the process is a failure but a reflection of the reality of the multi-stakeholder model. He also emphasized the United States governments strong opposition regarding the proposal of some nations for a treaty approach model for Internet governance. He further encouraged the IGF attendees to "advocate for a multi-stakeholder approach, not a treaty-based approach to developing policy."

Issue on ICANN Ethics and Conflict of Interest

Senator Ron Wyden wrote a letter to NTIA Assistant Secretary Strickling on September 14, 2011 regarding the issue of “revolving door” between the domain name industry and ICANN. Reports and commentaries were written about Peter Dengate Thrush] immediate acceptance as Chairman of Minds+Machines after his term expired as Chairman of the ICANN Board on June 24, 2011. Several individuals from the internet community were uncomfortable with Dengate Thrush move since he voted for the approval of the implementation of the new gTLD program days after his term expired and he was the first ICANN chairperson to accept a high paying job from a company dedicated in providing complete gTLD application and registry services. Dengate Thrush did not violate any rule since there is no policy preventing the members ICANN Board to join companies in the domain industry after their term expired. The internet community including Senator Wyden recommended for the development of a new ethics policy to prevent the “revolving door.” In his letter to Strickling, Senator Wyden stated that the designated [[[IANA]] plays a huge role in regulating the multi-million dollar domain name industry. Since IANA is not an agency of the federal government, its’ executives are not bound by the same financial, ethics or conflict of interest rules followed by executives of federal agencies or members of the Congress. According to Wyden, “While I support the control of this system by NTIA, I also believe that any IANA employees ought to be made subject to the same ethics rules in place as NTIA employees. With the growth in importance of this authority, it is important to ensure that decisions are made impartially.” Senator Wyden recommended strict ethics guidelines with emphasis on transparency for the next contract negotiation with ICANN or any other organization that will be selected to operate IANA.

In response to Sen. Wyden’s Letter, Strickling agreed to Senator Wyden’s opinion that the organization designated as IANA should maintain a high level of accountability and transparency. He assured the Senator that NTIA is actively working in developing policies that will “best meet the requirement for a clear and enforced ethics and conflict of interest policy” to the next IANA contract. In addition, the Assistant Secretary also informed the Senator that two notices of inquiry had been conducted regarding the IANA contract on February and June 2011 respectively as part of the agency’s comprehensive review of the IANA. NTIA received 136 comments during the global input process and the stakeholders believe that there is a need to increase accountability and transparency.

Comments on the New gTLD Expansion Program

During the 29th Annual Telecommunications Policy & Regulation Conference on December 8, 2011, Stricling reiterated the commitment of the United States government on the multi-stakeholder governance policy of the internet. In his speech, he emphasized that NTIA had been "active in promoting the multi-stakeholder model in the international arena through its work at ICANN and the Organization for Economic Cooperation and Development (OECD)." According to him, the multi-stakeholder process promotes a wider, more creative problem solving, speedier and more flexible decision-making compared with traditional, top down regulatory models. However, he pointed out that the multi-stakeholder process is challenged by other countries pushing for the internet to be governed under a treaty. He cited ICANN’s latest multi-stakeholder process regarding the introduction of new gTLDs scheduled to take effect on January 2012 as an example. He pointed out the NTIA along with the global internet stakeholders from business sector, civil society, registries, registrars and governments worked together to ensure that ICANN was able to properly address all issues and concern during the six years process before approving implementing the new gTLD program. He also said that for the past two years, NTIA moved forward to improve ICANN’s accountability and transparency. Despite the collective efforts and agreements of stakeholders worldwide, there are organizations that are not happy with the result of the multi-stakeholder process and they are trying to convince NTIA to stop or postpone the implementation of the new gTLD Program. Strickling acknowledged the reality of "the multi-stakeholder process does not guarantee that everyone will be satisfied with the outcome." One of the organizations vigilant in criticizing ICANN’s implementation of the new gTLD program is the ANA, which managed to asked the Senate Committee on Commerce to investigate the issue. Strickling said, "When parties ask us to overturn the outcomes of these processes, no matter how well-intentioned the request, they are providing “ammunition” to other countries who attempt to justify their unilateral actions to deny their citizens the free flow of information on the Internet." He strongly expressed that NTIA will not overturn ICANN’s decision because the stake involved is huge.

In January, 2012, Mr. Strickling wrote to ICANN following multiple recent hearings in the U.S. Congress regarding ICANN's new gTLD program; this was a time of widespread concern on behalf of poorly-informed trademark owners, and also calls for the delay or cancellation of the program by trademark lobby groups CRIDO and CADNA. What little media attention the program received was almost wholly negative, including Op-eds in the New York Times and Wall Street Journal. In his letter, addressed to Chairman Steve Crocker, Mr. Strickling urged ICANN to more successfully showcase their new gTLD expansion program, and especially emphasize the number of built-in protections for trademark owners.

Mr. Strickling notes that NTIA has no plan or desire to actually interfere in the process after the 6 years of work and the imminent launch, but he does lament the number of problems that have been created largely by ICANN's poor outreach and education. NTIA identified 3 specific things to address: to educate trademark owners about measures in place allowing them to forego defensive registrations; to immediately implement consumer protections it has already devised; and to generally better educate all stakeholders. However, NTIA did suggest and open up the possibility of adding further protections once the application pool is closed and NTIA, alongside ICANN's GAC, had a chance to review the pool of applicants and reflect on what further steps could be taken in the second level.

The full letter can be seen here.

Last Minute Advice on New gTLD Program

On January 3, 2012, Strickling sent a letter to ICANN Chairman Steve Crocker encouraging the internet governing body to consider some implementing measures to ensure the success of the gTLD program before the Application process kicks off on January 12. The Secretary emphasized that NTIA "do not seek to interfere" with the decisions and compromises made during the 6 years multistakeholder process however the agency believed that ICANN needs to address the huge concerns raised by trademark owners to avoid the "unintended and unforeseen consequences" that might result to failure. He recommended ICANN to consider the following: </ref>Strickling drops last-minute bombshell on new gTLDs</ref>

• minimize the perceived need for defensive registration
• promptly implement ICANN"s commitment for law enforcement and consumer protection
• ensure better education for stakeholders

Srickling also requested ICANN to consider a "phase in" approach after the deadline of the first round of application. NTIA plans to solicit inputs from stakeholders and work with the GAC to evaluate if additional protections are needed during second level. He said, "Having the ability to evaluate the actual situations or conflicts presented by the applied for strings, rather than merely theoretical ones, will certainly assist and focus everyone’s efforts to respond to problems should they arise."

In addition, the Secretary urged ICANN to increase its awareness campaign on the program particularly among trademark owners. NTIA believed that many are scared and convinced that they are compelled to file for a defensive dot brand gTLD. He said, "We think, and I am sure ICANN and its stakeholders would agree, that it would not be healthy for the expansion program if a large number of companies file defensive top-level applications when they have no interest in operating a registry. I suggest that ICANN consider taking some measures well before the application window closes to mitigate against this possibility."

Furthermore, Strickling urged ICANN to strengthen its Registrar Accreditation Agreement (RAA) and incorporate the proposals of law enforcement agencies as per GAC recommendation, to resolve the issues raised regarding the implementation of the Whois policies and to centralize and automate the complaint process to make it more transparent. Again, the secretary reiterated NTIA's dedication in maintaining and open global internet.

Stricklings letter to ICANN is available here

Education

• B.A. Economics- University of Maryland College Park (1969-1973)
• J.D. Law- Harvard Law School (1973–1976)

Governmental Advisory Committee. Considers and provides advice on the activities of ICANN as they relate to concerns of governments, particularly matters where there may be an interaction between ICANN's policies and various laws and international agreements or where they may affect public policy issues (ICANN Bylaws).

Internationalized Domain Name

Internet Governance Forum

Internet Assigned Numbers Authority