Shown Here:
Introduced in Senate (06/08/2016)
114th CONGRESS
2d Session |
S. 3034
To prohibit the National Telecommunications and Information Administration from allowing the
Internet Assigned Numbers Authority functions contract to lapse unless
specifically authorized to do so by an Act of Congress.
IN THE SENATE OF THE UNITED STATES
June 8, 2016
Mr. Cruz (for himself, Mr. Lee, and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To prohibit the National Telecommunications and Information Administration from allowing the
Internet Assigned Numbers Authority functions contract to lapse unless
specifically authorized to do so by an Act of Congress.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
This Act may be cited as the “Protecting Internet Freedom Act”.
Congress finds the following:
(1)
The Department of Commerce and the National Telecommunications and
Information Administration (in this section referred to as the “NTIA”)
should be responsible for maintaining the continuity and stability of
services related to certain interdependent Internet technical management
functions, known collectively as the Internet Assigned Numbers
Authority (in this section referred to as the “IANA”), which includes—
(A) the coordination of the assignment of technical Internet protocol parameters;
(B) the administration of certain responsibilities associated with the Internet domain name system root zone management;
(C) the allocation of Internet numbering resources; and
(D) other services related to the management of the Advanced Research Project Agency and INT top-level domains.
(2)
The interdependent technical functions described in paragraph (1) were
performed on behalf of the Federal Government under a contract between
the Defense Advanced Research Projects Agency and the University of
Southern California as part of a research project known as the Tera-node
Network Technology project. As the Tera-node Network Technology project
neared completion and the contract neared expiration in 1999, the
Federal Government recognized the need for the continued performance of
the IANA functions as vital to the stability and correct functioning of
the Internet.
(3) The NTIA may use its contract authority to maintain the continuity and stability of services related to the IANA functions.
(4)
If the NTIA uses its contract authority, the contractor, in the
performance of its duties, must have or develop a close constructive
working relationship with all interested and affected parties to ensure
quality and satisfactory performance of the IANA functions. The
interested and affected parties include—
(A)
the multi-stakeholder, private sector led, bottom-up policy development
model for the domain name system that the Internet Corporation for
Assigned Names and Numbers represents;
(B) the Internet Engineering Task Force and the Internet Architecture Board;
(C) Regional Internet Registries;
(D) top-level domain operators and managers, such as country codes and generic;
(E) governments; and
(F) the Internet user community.
(5)
The IANA functions contract of the Department of Commerce explicitly
declares that “[a]ll deliverables provided under this contract become
the property of the U.S. Government.”. One of the deliverables is the
automated root zone.
(6)
Former President Bill Clinton’s Internet czar Ira Magaziner stated that
“[t]he United States paid for the Internet, the Net was created under
its auspices, and most importantly everything [researchers] did was
pursuant to government contracts.”.
(7)
Under section 3 of article IV of the Constitution of the United States,
Congress has the exclusive power to “dispose of and make all needful
Rules and Regulations respecting the Territory or other Property
belonging to the United States”.
(8)
The .gov and .mil top-level domains are the property of the United
States Government, and as property, the United States Government should
have the exclusive control and use of those domains in perpetuity.
The
Assistant Secretary of Commerce for Communications and Information may
not allow the responsibility of the National Telecommunications and
Information Administration with respect to the Internet domain name
system functions, including responsibility with respect to the
authoritative root zone file and the performance of the Internet
Assigned Numbers Authority functions, to terminate, lapse, expire, be
cancelled, or otherwise cease to be in effect unless a Federal statute
enacted after the date of enactment of this Act expressly grants the
Assistant Secretary such authority.
Not
later than 60 days after the date of enactment of this Act, the
Assistant Secretary of Commerce for Communications and Information shall
provide to Congress a written certification that the United States
Government has—
(1) secured sole ownership of the .gov and .mil top-level domains; and
(2)
entered into a contract with the Internet Corporation for Assigned
Names and Numbers that provides that the United States Government has
exclusive control and use of those domains in perpetuity.
