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MICROCOMP Output File DOMAIN NAME SYSTEM PRIVATIZATION: IS ICANN OUT OF CONTROL? HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTH CONGRESS FIRST SESSION JULY 22, 1999 Serial No. 106±47 Printed for the use of the Committee on Commerce ( U.S. GOVERNMENT PRINTING OFFICE 58±497CC WASHINGTON : 1999 VerDate 13-MAR-2000 15:08 Mar 16, 2000 Jkt 010199 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\HEARINGS\58497.TXT pfrm02 PsN: 58497 COMMITTEE ON COMMERCE TOM BLILEY, Virginia, Chairman W.J. ``BILLY'' TAUZIN, Louisiana JOHN D. DINGELL, Michigan MICHAEL G. OXLEY, Ohio HENRY A. WAXMAN, California MICHAEL BILIRAKIS, Florida EDWARD J. MARKEY, Massachusetts JOE BARTON, Texas RALPH M. HALL, Texas FRED UPTON, Michigan RICK BOUCHER, Virginia CLIFF STEARNS, Florida EDOLPHUS TOWNS, New York PAUL E. GILLMOR, Ohio FRANK PALLONE, Jr., New Jersey Vice Chairman SHERROD BROWN, Ohio JAMES C. GREENWOOD, Pennsylvania BART GORDON, Tennessee CHRISTOPHER COX, California PETER DEUTSCH, Florida NATHAN DEAL, Georgia BOBBY L. RUSH, Illinois STEVE LARGENT, Oklahoma ANNA G. ESHOO, California RICHARD BURR, North Carolina RON KLINK, Pennsylvania BRIAN P. BILBRAY, California BART STUPAK, Michigan ED WHITFIELD, Kentucky ELIOT L. ENGEL, New York GREG GANSKE, Iowa THOMAS C. SAWYER, Ohio CHARLIE NORWOOD, Georgia ALBERT R. WYNN, Maryland TOM A. COBURN, Oklahoma GENE GREEN, Texas RICK LAZIO, New York KAREN MCCARTHY, Missouri BARBARA CUBIN, Wyoming TED STRICKLAND, Ohio JAMES E. ROGAN, California DIANA DEGETTE, Colorado JOHN SHIMKUS, Illinois THOMAS M. BARRETT, Wisconsin HEATHER WILSON, New Mexico BILL LUTHER, Minnesota JOHN B. SHADEGG, Arizona LOIS CAPPS, California CHARLES W. ``CHIP'' PICKERING, Mississippi VITO FOSSELLA, New York ROY BLUNT, Missouri ED BRYANT, Tennessee ROBERT L. EHRLICH, Jr., Maryland JAMES E. DERDERIAN, Chief of Staff JAMES D. BARNETTE, General Counsel REID P.F. STUNTZ, Minority Staff Director and Chief Counsel SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS FRED UPTON, Michigan, Chairman JOE BARTON, Texas RON KLINK, Pennsylvania CHRISTOPHER COX, California HENRY A. WAXMAN, California RICHARD BURR, North Carolina BART STUPAK, Michigan Vice Chairman GENE GREEN, Texas BRIAN P. BILBRAY, California KAREN MCCARTHY, Missouri ED WHITFIELD, Kentucky TED STRICKLAND, Ohio GREG GANSKE, Iowa DIANA DEGETTE, Colorado ROY BLUNT, Missouri JOHN D. DINGELL, Michigan, ED BRYANT, Tennessee (Ex Officio) TOM BLILEY, Virginia, (Ex Officio) (II) 2 VerDate 13-MAR-2000 15:08 Mar 16, 2000 Jkt 010199 PO 00000 Frm 00002 Fmt 0486 Sfmt 0486 E:\HEARINGS\58497.TXT pfrm02 PsN: 58497 C O N T E N T S Page Testimony of: Barry, Michaela M., President and Director, Domain Name Rights Coali- tion ................................................................................................................. 144 Bramson, James R., Counsel, America Online, Inc ....................................... 188 Dyson, Esther, Interim Chairman, Internet Corporation for Assigned Names and Numbers, accompanied by Mike Roberts, Interim President and Chief Executive Officer, Internet Corporation for Assigned Names and Numbers ................................................................................................. 42 Forman, Richard D., Chief Executive Officer, Register.com ......................... 179 Love, James, Director, Consumer Project on Technology ............................. 134 Miller, Harris N., President, Information Technology Association of Amer- ica ................................................................................................................... 150 Norquist, Grover, President, Americans for Tax Reform .............................. 139 Pincus, Andrew J., General Counsel, accompanied by Becky Burr, Acting Administrator, Office of International Affairs, National Telecommuni- cations Information Agency, Department of Commerce ............................ 14 Rutt, Jim, Chief Executive Officer, Network Solutions Incorporated .......... 93 Stubbs, Kenyon T., Chairman, Executive Committee, Internet Council of Registrars .................................................................................................. 184 Weinberg, Jonathan, Professor Law, Wayne State University ..................... 155 Zittrain, Jonathan, Executive Director, Berkman Center for Internet and Society ............................................................................................................ 161 Material submitted for the record by: Barry, Michaela M., President and Director, Domain Name Rights Coali- tion, submission dated August 27, 1999 ..................................................... 232 Bliley, Hon. Tom, Chairman, Committee on Commerce: Letter dated October 15, 1998, to Ira Magaziner, Executive Office of the President, enclosing questions for the record, and responses to same ................................................................................................... 294 Letter dated October 15, 1998, to Hon. William Daley, Secretary of Commerce, enclosing questions for the record, and responses to same ................................................................................................... 306 Bramson, James R., Counsel, America Online, Inc., response for the record dated August 24, 1999 ...................................................................... 275 Dyson, Esther, Interim Chairman, Internet Corporation for Assigned Names and Numbers, letter dated August 4, 1999, to Hon. Thomas J. Bliley, Jr., enclosing response for the record .......................................... 193 Forman, Richard D., Chief Executive Officer, Register.com, letter dated August 20, 1999, enclosing response for the record ................................... 281 Love, James, Director, Consumer Project on Technology, letter dated September 10, 1999, enclosing response for the record ............................. 215 Miller, Harris N., President, Information Technology Association of Amer- ica, letter dated August 18, 1999, enclosing response for the record ....... 212 Norquist, Grover, President, Americans for Tax Reform, letter dated Au- gust 24, 1999, enclosing response for the record ........................................ 219 Pincus, Andrew J., General Counsel, J. Beckwith Burr, Acting Adminis- trator, Office of International Affairs, National Telecommunications In- formation Agency, Department of Commerce, letter dated August 24, 1999, enclosing response for the record ...................................................... 195 Roberts, Mike, Interim President and Chief Executive Officer, Internet Corporation for Assigned Names and Numbers, letter dated August 20, 1999, enclosing response for the record ................................................ 210 Rutt, Jim, Chief Executive Officer, Network Solutions Incorporated, letter dated August 24, 1999, enclosing response for the record ........................ 202 Weinberg, Jonathan, Professor Law, Wayne State University, letter dated August 24, 1999, enclosing response for the record ................................... 222 Zittrain, Jonathan, Executive Director, Berkman Center for Internet and Society, letter dated August 24, 1999, enclosing response for the record 263 (III) VerDate 13-MAR-2000 15:08 Mar 16, 2000 Jkt 010199 PO 00000 Frm 00003 Fmt 6011 Sfmt 0486 E:\HEARINGS\58497.TXT pfrm02 PsN: 58497 DOMAIN NAME SYSTEM PRIVATIZATION: IS ICANN OUT OF CONTROL? THURSDAY, JULY 22, 1999 HOUSE OF REPRESENTATIVES, COMMITTEE ON COMMERCE, SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, Washington, DC. The subcommittee met, pursuant to notice, at 11 a.m., in room 2322, Rayburn House Office Building, Hon. Fred Upton (chairman) presiding. Members present: Representatives Upton, Bilbray, Bryant, Bliley (ex officio), Klink, Stupak, and DeGette. Also present: Represntatives Tauzin, and Pickering. Staff present: Eric Link, majority counsel; Paul Scolese, majority professional staff; Mike Flood, legislative clerk; and Edith Holleman, minority counsel. Mr. UPTON. Good morning everyone. One piece of housekeeping before we get started. I want to acknowledge and thank the Berkman Center for Internet and Society at Harvard Law School for carrying today's proceeding live over the Internet. While the Berkman Center has an ongoing relationship with one of today's principle witnesses, the Internet Corporation For As- signed Names and Numbers, or ICANN, I have received assurances that the funding for Berkman's presence here today is being pro- vided directly by Harvard University. I might also add that this hearing is also being webcasted on the committee's website. I hope that many Internet users take advan- tage of this opportunity to listen in on the subcommittee's pro- ceedings. Today the subcommittee will examine the administration's efforts to transfer control of the Internet domain name system from the public sector to the private sector. This transition is important be- cause the domain name system is a critical component of the Inter- net that routes all Internet traffic and allows users to locate websites and ensure e-mail is properly sent and hopefully received. As such, it plays a vital role in the stability of the Internet. Under the direction of a 1997 Presidential Directive, the Depart- ment of Commerce moved to end the Federal Government's role in the DNS. To achieve this, the Department of Commerce released a series of proposals. The Department of Commerce's final pro- posal, known as the ``White Paper,'' outlined the transfer of many of the DNS management
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