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[[ICANN]] was created via actions by the U.S. Government in 1997; heretofore, the Internet was managed by THe U.S. Department of Defense's [[Defense Advanced Research Projects Agency]] (DARPA), The [[National Science Foundation]], and American universities and research institutions. On July 1st, 1997, [[Bill Clinton|President Bill Clinton]] directed the Secretary of Commerce to privatize the management of the [[DNS]].<ref>[http://www.ntia.doc.gov/ntiahome/domainname/022098fedreg.htm NTIA Green Paper]</ref> The goal was to open the Internet to greater international participation, and to bolster it as a new medium of commercial competition and exchange.<ref>[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN DOC MoU]</ref>
The '''United States Congress''' is the legislature of the United States Government. It is made up of the Senate and the House of Representatives.<ref>[http://en.wikipedia.org/wiki/United_States_Congress United States Congress, en.wikipedia.org]</ref>
==The U.S. Congress and ICANN==
[[ICANN]] was created via actions by the U.S. Government in 1997; up until this point, the Internet had been managed by the U.S. Department of Defense's [[Defense Advanced Research Projects Agency]] (DARPA), the [[National Science Foundation]], and American universities and research institutions. On July 1st, 1997, [[Bill Clinton|President Bill Clinton]] directed the Secretary of Commerce to privatize the management of the [[DNS]].<ref>[http://www.ntia.doc.gov/ntiahome/domainname/022098fedreg.htm NTIA Green Paper]</ref> The goal was to open the Internet to greater international participation, and to bolster it as a new medium of commercial competition and exchange.<ref>[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN DOC MoU]</ref>
On November 25th, 1998, after a process of seeking input from concerned and knowledgeable parties, The U.S. [[DOC|Department of Commerce]] and ICANN entered into a Memorandum of Understanding ([[MoU]]),<ref>[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN MoU]</ref> which officially recognized ICANN as the entity that would manage the [[IANA]] contract. That contract is renewable, and thus, created an ongoing relationship between the U.S. Department of Commerce and consequently the U.S. Congress. Since the creation of ICANN, the U.S. Congress has had multiple interactions and hearings on the organization.
On November 25th, 1998, after a process of seeking input from concerned and knowledgeable parties, The U.S. [[DOC|Department of Commerce]] and ICANN entered into a Memorandum of Understanding ([[MoU]]),<ref>[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN MoU]</ref> which officially recognized ICANN as the entity that would manage the [[IANA]] contract. That contract is renewable, and thus, created an ongoing relationship between the U.S. Department of Commerce and consequently the U.S. Congress. Since the creation of ICANN, the U.S. Congress has had multiple interactions and hearings on the organization.
==New gTLD Senate and House of Representatives Hearings==
===New gTLD Senate and House of Representatives Hearings===
On December 8, 2011 the U.S. Senate Committee on Commerce, Science, and Transportation held a hearing, lobbied for by [[ANA]], regarding to ICANN's new gTLD program. Speakers included Senior Vice President of ICANN, [[Kurt Pritz]]; [[Fiona Alexander]], Associate Administrator of the Office of International Affairs at [[NTIA]]; [[Dan Jaffe]], Executive Vice President of Government Relations for ANA; [[Esther Dyson]], who served as ICANN's Founding Chairman (1998-2000), speaking as an independent investor; and Senior Vice President and General Counsel of the YMCA [[Angela Williams]], speaking on behalf of [[NPOC]].<ref>[http://www.circleid.com/posts/20111208_us_senate_committee_holds_hearing_on_icanns_new_tld_expansion/ US Senate Committee Holds Hearing on ICANN's New TLD Expansion, circleid.com]</ref> Senate officials present included: Committee Chairman Jay Rockefeller (D-WV); Sen. Amy Klobuchar (D-Minn), Sen. Kelly Ayotte (R-N.H.),<ref>[http://adage.com/article/digital/senate-implores-icann-slow-roll/231478/ Senate Implores ICANN to Slow Its Roll but Admits It Can't Do Anything to Stop It, adage.com]</ref> and Sen. Maria Cantwell (D-Wash).
On December 8, 2011 the U.S. Senate Committee on Commerce, Science, and Transportation held a hearing, lobbied for by [[ANA]], regarding to ICANN's [[New gTLD Program]]. Speakers included Senior Vice President of ICANN, [[Kurt Pritz]]; [[Fiona Alexander]], Associate Administrator of the Office of International Affairs at [[NTIA]]; [[Dan Jaffe]], Executive Vice President of Government Relations for ANA; [[Esther Dyson]], who served as ICANN's Founding Chairman (1998-2000), speaking as an independent investor; and Senior Vice President and General Counsel of the YMCA [[Angela Williams]], speaking on behalf of [[NPOC]].<ref>[http://www.circleid.com/posts/20111208_us_senate_committee_holds_hearing_on_icanns_new_tld_expansion/ US Senate Committee Holds Hearing on ICANN's New TLD Expansion, circleid.com]</ref> Senate officials present included: Committee Chairman Jay Rockefeller (D-WV); Sen. Amy Klobuchar (D-Minn), Sen. Kelly Ayotte (R-N.H.),<ref>[http://adage.com/article/digital/senate-implores-icann-slow-roll/231478/ Senate Implores ICANN to Slow Its Roll but Admits It Can't Do Anything to Stop It, adage.com]</ref> and Sen. Maria Cantwell (D-Wash).
Sen. Rockefeller stated his support of the new gTLD program, claiming that he believed it was pro-competition and pro-innovation, but that the roll-out should be slower and more cautious. He cited the potential for fraud, consumer confusion, and cybersquatting as massive, requiring a phased implementation.<ref>[http://domainincite.com/notes-from-the-senate-new-gtlds-hearing/ Notes from the Senate new gTLDs hearing, domainincite.com]</ref>
Sen. Rockefeller stated his support of the new gTLD program, claiming that he believed it was pro-competition and pro-innovation, but that the roll-out should be slower and more cautious. He cited the potential for fraud, consumer confusion, and cybersquatting as massive, requiring a phased implementation.<ref>[http://domainincite.com/notes-from-the-senate-new-gtlds-hearing/ Notes from the Senate new gTLDs hearing, domainincite.com]</ref>
There was also a letter sent by two Congressman, Bob Goodlatte and Howard Berman, to the [[Department of Commerce]], in which they asked for a delay to the new gTLD program, and asked a number of questions on the Department's own preparedness and handling of the affair. They ask if ICANN is actually following its [[Affirmation of Commitments]] with the Department, and what the Department is doing to ensure that ICANN is following these commitments and protecting American businesses.<ref>[http://domainnamewire.com/2011/12/20/two-congressmen-ask-commerce-department-for-delay-to-new-tlds/ Two Congressmen Ask Commerce Department For Delay to New TLDs, DomainNameWire.com]</ref>
There was also a letter sent by two Congressman, Bob Goodlatte and Howard Berman, to the [[Department of Commerce]], in which they asked for a delay to the new gTLD program, and asked a number of questions on the Department's own preparedness and handling of the affair. They ask if ICANN is actually following its [[Affirmation of Commitments]] with the Department, and what the Department is doing to ensure that ICANN is following these commitments and protecting American businesses.<ref>[http://domainnamewire.com/2011/12/20/two-congressmen-ask-commerce-department-for-delay-to-new-tlds/ Two Congressmen Ask Commerce Department For Delay to New TLDs, DomainNameWire.com]</ref>
===Letters to ICANN===
In August 2012, members of the U.S. Congress wrote to the heads of ICANN and members of the U.S. government, questioning ICANN about their efforts to publicize the comment and objection processes for the New gTLD Program, as well as the possibility of expanding the functionality of the proposed [[Trademark Clearinghouse]]. They asked,
* What steps has ICANN taken to inform members of the public outside the ICANN community about the New gTLD public comment process, and to ensure the public's maximum and meaningful consideration and participation?
* ICANN has appointed an [[Independent Objector]] to review gTLD applications, but ICANN's Guidebook states that he may only raise objections that have been previously voiced by the public. Given this restriction, what steps is the Independent Objector taking to encourage and maximize public input? What role will the Independent Objector play in articulating and representing public concerns about specific gTLD applications?
* Will ICANN confirm that it will keep open the New gTLD public comment forum so that the broader public can comment on applications, and the Independent Objector can receive their views? If not, then what is the justification for refusing to accept and consider such material comments from the public?
* Is there anything that prevents ICANN from requiring registries to make the Trademark Clearinghouse available as a permanent service, extending it beyond the first 60-day period? Have Clearinghouse operators analyzed the feasibility of providing more meaningful and comprehensive trademark notifications, instead of only providing notice when users register identical terms?
* In the response to our December 2011 letter, ICANN suggested that the Government Advisory Committee agreed to the current Clearinghouse policies based on ICANN's commitment to review those policies "post-launch." When does ICANN intend to conduct this review? Is IcANN committed to making changes in response to specific suggestions and comments received as part of the "post-launch" review? In what ways might ICANN enhance its Clearinghouse policies after the new gTLDs launch?
* A further rights protection mechanism ICANN highlights is the availability of a "sunrise period" when certain trademark holders may reserve names in a new gTLD before it opens. Some are concerned that registries may use strategic pricing to take advantage of businesses and individuals who feel compelled to defensively register their names. What policies, if any, does ICANN have in place to discourage this activity and allay these concerns?<ref>[http://www.leahy.senate.gov/imo/media/doc/8-7-12%20Letter%20from%20Senate%20and%20House%20Judiciary%20Committees.pdf Letter to ICANN, August 7, 2012]</ref>
The full letter can be read [http://www.leahy.senate.gov/imo/media/doc/8-7-12%20Letter%20from%20Senate%20and%20House%20Judiciary%20Committees.pdf here].
==References==
==References==
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[[Category: Organizations]]
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