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Roundup: industry reaction to US giving up IANA role

Kevin Murphy, March 16, 2014, Domain Policy

Members of the domain name industry and ICANN community reacted generally positively to the news Friday night that the US will step aside from its central role in ICANN oversight.
Several companies, organizations and individuals issued early statements in response. We present a summary of those to hit the wires so far here.
First, the so-called I* organizations (IETF, IAB, RIRs, ccTLD ROs, ISOC, and W3C), which manage the internet’s various technical functions and standards, issued a joint statement via ICANN:

Our organizations are committed to open and transparent multi-stakeholder processes. We are also committed to further strengthening our processes and agreements related to the IANA functions, and to building on the existing organizations and their roles. The Internet technical community is strong enough to continue its role, while assuming the stewardship function as it transitions from the US Government.

The Domain Name Association’s executive director Kurt Pritz said this:

The DNA welcomes a deliberate, thoughtful process, inclusive of all stakeholder views to determine the future of the IANA function. As our members are some of the most widely recognized customers of IANA, we will be playing an active role in the process moving forward. The US government performs admirably in this role and it is important that any new oversight mechanism perform as reliably and consistently, and in a manner that prevents the Internet from onerous regulations and/or content controls.

New gTLD portfolio applicant Donuts said:

The IANA function is very important to Internet stability, and Donuts supports the multistakeholder approach to managing this vital resource. As the largest applicant for new top-level domains, we look forward to providing a constructive contribution in this multi-stakeholder discussion. It’s critical that any new mechanisms for IANA oversight ensure not only stability and accountability but also uphold the vital public sector role in promoting Internet innovation and openness.

Lisa Hook, CEO of back-end registry provider Neustar, said in a press release:

We share the US government’s view that the time has come for ICANN to convene global stakeholders to develop the policies, procedures, and accountability framework needed to transition ultimate responsibility for the IANA functions, and we look forward to participating in that process.

Back-end and portfolio applicant Afilias said in its own press release:

We endorse the statements of the NTIA and the organizations noted above [the I*s] with respect to the maturation of these organizations and processes, and we are committed to continuing to contribute to the stewardship of the Internet as part of a globally inclusive, open and transparent multi-stakeholder community.

Michele Neylon, CEO of domain name registrar Blacknight Solutions said:

This is an incredibly historic and important day for Internet governance. As a member of the International governance and infrastructure communities I applaud this move away from a single government to a regulating body that represents the interests of the global community. However, the real challenge now lies ahead in identifying and implementing a strong, diverse community to oversee these crucial organizations.

Milton Mueller, the principal academic behind the Internet Governance Project blogged:

IGP has been leading the call for the US government to be consistent about its non-governmental approach to Internet governance since 2005. Naturally, we were gratified to see the Commerce Department finally come around to that position. Far from “giving up” something or “losing control,” the U.S. is sure to find that its policy has gained strength. We have just made it a lot harder for opponents of a free and open Internet to pretend that what they are really against is an Internet dominated by one hegemonic state.

The news broke rather late on a Friday night, with an NTIA press release and hastily convened ICANN press conference, after the story was leaked to the Washington Post.
There hasn’t been much time for formal written reactions yet, but I’m sure more will be forthcoming as people get into work on Monday morning.

US to give up control over ICANN

Kevin Murphy, March 15, 2014, Domain Policy

In what can only be described as an historic announcement, the United States government tonight said that it will walk away from its control of the DNS root zone.
ICANN CEO Fadi Chehade said during a press conference tonight that the organization has begun a consultation to figure out “accountability mechanisms” that will replace the US role as ICANN’s master.
The news comes in the wake of Edward Snowden’s revelations about US spying, but Chehade and ICANN chair Steve Crocker said that the changes would have been made sooner or later anyway.
So what just happened?
Earlier this evening, the US National Telecommunications and Information Administration announced its “intent to transition key Internet domain name functions to the global multistakeholder community.”
That’s basically referring to the IANA contract, the US government procurement contract under which ICANN has the ability to make changes — essentially by recommendation — to the DNS root zone.
The current version of the contract is due to expire next year, and the hope is that when it does there won’t be any need for a renewal.
Between now and then, the ICANN community (that’s you) is tasked with coming up with something to replace it.
It’s going to be the hottest topic at the ICANN 49 meeting in Singapore, which kicks off a week from now, but it’s expected to be under discussion for much longer than that.
Chehade said during the press conference tonight that the idea is not to create a new oversight body to replace the NTIA. We seem to be talking about “mechanisms” rather than “organizations”.
He also said that the US government has made it plain that any attempt to replace the US with an intergovernmental body (ie, the International Telecommunications Union) will not be considered acceptable.
Whatever oversight mechanism replaces NTIA, it’s going to have to be “multistakeholder” — not just governments.
The root zone is currently controlled under a trilateral relationship between the NTIA, ICANN and Verisign.
Essentially, ICANN says “add this TLD” or “change the name servers for this TLD” and, after the NTIA has approved the change, Verisign implements it on its root zone servers. The other root zone operators take copies and the DNS remains a unique, reliable namespace.
The NTIA has said that it’s going to withdraw from this relationship.
One question that remains is whether Verisign will retain its important role in root zone management.
Chehade appeared slightly (only slightly) evasive on this question tonight, spending some time clarifying that Verisign’s root zone management contract is not the same as its .com contract.
I assume this prevarication was in order to not wipe billions off Verisign’s market cap on Monday, but I didn’t really get a good sense of whether Verisign’s position as a root zone manager was in jeopardy.
My guess is that it is not.
A second question is whether the US stepping away from the IANA function means that the Affirmation of Commitments between the US government and ICANN also has its days numbered.
Apparently it does.
Chehade and ICANN chair Steve Crocker pointed to the ICANN board’s decision a few weeks ago to create a new board committee tasked with exploring ways to rewrite the AoC.
And they said tonight that there’s no plan to retire the AoC. Rather, the idea is to increase the number of parties that are signatories to it.
The AoC, it seems, will be ICANN’s affirmation to the world, not just to the US government.

US revives .kids.us in new Neustrar contract

Neustar has been awarded a new three-to-five-year contract to manage the .us ccTLD, under a deal with the US Department of Commerce announced today.
It’s a renewal of a role that Neustar has held since .us was relaunched in 2001, but the new contract come with a few notable new provisions.
First, it seems that the company is now obliged to bring some “multi-stakeholder” oversight into the management of the TLD. Neustar said in a press release:

In 2014, Neustar plans to launch a new multi-stakeholder council including members representing localities, registrars, small businesses and non-profit organizations as well as entities involved with STEM education and cybersecurity. The .US TLD Stakeholder Council will provide a vibrant, diverse, and independent forum for future development of the .US TLD, working directly with .US TLD stakeholders and helping Neustar to identify public needs and develop policies, programs, and partnerships to address those needs while continuing to enhance America’s address.

Second, it looks like .kids.us might not be dead after all.
The third-level service was introduced as a result of the poorly considered Dot Kids Implementation and Efficiency Act of 2002, which forced Neustar to operate a child-friendly zone in .us.
The Department of Commerce killed off .kids.us in 2012, but the new .us contract (pdf) says:

Notwithstanding the June 2012 determination to suspend operation of kids.us domain under the current contract, DOC seeks proposals to rejuvenate the kids.us space to increase utilization, utility and awareness of the kids.us domain.

The contract has several more references to Neustar’s obligation to promote the SLD. At the time it was killed off, there were just a handful of registered names in the space.
The contract also says that .us currently has just shy of 1.8 million names under management.

Board confirms: ICANN seeks non-US HQ

Kevin Murphy, February 20, 2014, Domain Policy

ICANN’s board of directors has given the clearest indication yet that the organization wants to set up an HQ overseas, further loosening ties with the US government.
The board has formed six new “President’s Globalization Advisory Groups”, made up of half a dozen directors each, one of which has been tasked with advising ICANN on ways to:

Establish complimentary [sic] parallel international structure to enhance ICANN’s global legitimacy. Consider complementary parallel international structure within scope of ICANN’s mandate.

This indicates that ICANN’s reported plan to base itself in Geneva may not be so far-fetched after all, but it also indicates that ICANN currently does not anticipate doing away with its original HQ in Los Angeles.
ICANN already has several offices around the world, but recently there’s been talk of it embedding itself in Switzerland, as an “international organization”, more deeply.
As we’ve previously reported, ICANN may not relocate outside of the US due to its Affirmation of Commitments with the US Department of Commerce, which requires it to remain a US non-profit.
But another of the three panels set up by the board this week will advise ICANN on how to create an “enhanced Affirmation of Commitments.”
Other panels will explore the globalization of the IANA function — currently operated under a procurement contract with Commerce — and the root server system, which is independent operated but heavily US-based.
The ICANN board said in its resolution:

the continued globalization of ICANN must evolve in several ways, including: partnerships in the broader Internet eco-system to strengthen multistakeholder Internet governance frameworks; strengthening ICANN itself, including affirmations of commitments and relationships among the stakeholders; evolving the policy structures to serve and scale to the needs of the global community, and identify opportunities for the future legal structures and IANA globalization.

The plan is for these panels talk to the community at the Singapore meeting next month, before reporting back to the board before ICANN meets for its 50th public meeting in London this coming June.
This week’s move is the latest in a series of decisions made by the ICANN board following the spying revelations of former NSA contractor Edward Snowden and the subsequent consternation they caused in capitals around the world.
Brazil is set to host a meeting to discuss these kinds of internet governance matters with ICANN and its coalition of the willing in Sao Paulo this April.

EU guns for ICANN’s relationship with US

Kevin Murphy, February 12, 2014, Domain Policy

The European Union has made ICANN’s close relationship with the US one of the targets of a new platform on internet governance.
In a new communication on internet governance (pdf), the European Commission said it will “work with all stakeholders” to:

– identify how to globalise the IANA functions, whilst safeguarding the continued stability and security of the domain-name system;
– establish a clear timeline for the globalisation of ICANN, including its Affirmation of Commitments.

The policy is being characterized as being prompted by former NSA contractor Edward Snowden’s revelations about widespread US spying on internet users.
EC vice president Neelie Kroes issued a press release announcing the policy, saying:

Recent revelations of large-scale surveillance have called into question the stewardship of the US when it comes to Internet Governance. So given the US-centric model of Internet Governance currently in place, it is necessary to broker a smooth transition to a more global model while at the same time protecting the underlying values of open multi-stakeholder governance of the Internet.

Despite this, the document does not contain any allegations that link ICANN to spying, or indeed any justification for the logical leap from Snowden to domain names.
The EU position is not dissimilar to ICANN’s own. Last October CEO Fadi Chehade used Snowden as an excuse to talk about putting ICANN’s relationship with the US back in the spotlight.
As I noted at the time, it all looks very opportunistic.
Internationalizing ICANN is of course a noble objective — and one that has been envisaged since ICANN’s very creation 15 years ago — but what would it look like it practice?
I’d be very surprised if what the Commission has in mind isn’t a scenario in which the Commission always gets what it wants, even if other stakeholders disagree with it.
Right now, the Commission is demanding that ICANN rejects applications for .wine and .vin new gTLDs unless applicants agree to new rights protection mechanisms for geographic indicators such as “Champagne”.
That’s something that ICANN’s Governmental Advisory Committee could not reach consensus on, yet the EU wants ICANN to act based on its unilateral (insofar as the EU could be seen as a single entity) advice.
The new EC policy document makes lots of noise about its support for the “multi-stakeholder process”, but with hints that it might not be the “multi-equal-stakeholder process” championed by Chehade.
For example, it states on the one hand:

Those responsible for an inclusive process must make a reasonable effort to reach out to all parties impacted by a given topic, and offer fair and affordable opportunities to participate and contribute to all key stages of decision making, while avoiding capture of the process by any dominant stakeholder or vested interests.

That sounds fair enough, but the document immediately goes on to state:

the fact that a process is claimed to be multistakeholder does not per se guarantee outcomes that are widely seen to be legitimate

it should be recognised that different stages of decision making processes each have their own requirements and may involve different sets of stakeholders.

Sound multistakeholder processes remain essential for the future governance of the Internet. At the same time, they should not affect the ability of public authorities, deriving their powers and legitimacy from democratic processes, to fulfil their public policy responsibilities where those are compatible with universal human rights. This includes their right to intervene with regulation where required.

With that in mind, what would an “internationalized” IANA look like, if the European Commission gets its way?
Right now, IANA may be contractually tethered to the US Department of Commerce, but in practice Commerce has never refused to delegate a TLD (even when Kroes asked it to delay .xxx).
Compare that to Kroes statement last September that “under no circumstance can we agree having .wine and .vin on the internet, without sufficient safeguards”.
Today’s policy news from the EC looks fine at a high level, but in light of what the EC actually seems to want to achieve in practical terms, it looks more like an attempt at a power grab.

ICANN approves reworked GAC advice over US concerns

Kevin Murphy, February 8, 2014, Domain Policy

No sooner had we reported on the US government’s complaint about ICANN’s reinterpretation of GAC advice on new gTLDs than it emerged that ICANN has already approved the plan.
The ICANN board’s New gTLD Program Committee on Wednesday approved a resolution on how to implement the so-called Category 1 advice the Governmental Advisory Committee came up with in Beijing last April. The resolution was published today.
The Category 1 advice calls for stronger regulation — stuff like forcing registrants to provide industry credentials at point of sale — in scores of new gTLDs the GAC considers particularly sensitive.
Despite US Department of Commerce assistant secretary Larry Strickling calling for more talks after ICANN substantially diluted some of the GAC’s Beijing communique, the NGPC has now formally approved its watered-down action plan.
Under the plan, registrants in gTLDs such as .lawyer and .doctor will have to “represent” that they are credentialed professionals in those verticals when they register a domain.
That’s as opposed to actually providing those credentials at point of registration, which, as Strickling reiterated in his letter, is what the GAC asked for in its Beijing communique.
The full list of eight approved “safeguards” (as interpreted from GAC advice by ICANN) along with the list of the gTLDs that they will apply to, can be found in this PDF.

Chehade talks up split from US oversight

Kevin Murphy, October 28, 2013, Domain Policy

ICANN CEO Fadi Chehade used his keynote address at the newdomains.org conference this morning to discuss his plans to divorce the organization from US governmental oversight.
With a split from the US recurring theme in his recent speeches, Chehade nevertheless warned that there were risks that such a move could create a dangerous governance vacuum.
“The current ICANN contract that gives the US government a unique role in the root management function is not sustainable,” he said. “It’s just not sustainable.”
That seems to be a reference to the IANA contract, in which the US has essentially a veto on ICANN’s decisions regarding root zone changes such as new gTLD delegations.
“I think we need to think together how we grow from that and how we globalize that contract,” he said. “But we need to be very careful about creating a vacuum or uninteded consequences that would destabilize the root of the internet.”
While Chehade noted that a split from the US has always been envisaged, he said that the revelations about US internet surveillance made by NSA defector Edward Snowden has provided a catalyst to speed it up.
When Brazilian president Dilma Rousseff recently called for a “multilateral” (read: inter-governmental, (read: ITU)) approach to internet governance, Chehade and an ICANN team traveled to Brazil to persuade her to instead focus on the creation of a “multistakeholder” model instead.
There’s now a “coalition” of the “I*” groups (ICANN, IETF, etc), big-name companies such as Disney, and governments such as Brazil, focused on creating multistakeholder solutions to problems — such as spam and cyber-bullying — that are not in ICANN’s purview Chehade said.
There’s a multistakeholder meeting planned for April or May next year (I’ve heard both dates), to be hosted by Brazil, that will look at internet governance post-Snowden.
This meeting is about “allowing ICANN to not expand its remit”, according to Chehade. He said: “We don’t want to expand our remit.”
What we seem to be looking at here is the creation for a new organization, of which ICANN could be a member, that will allow stakeholders to coordinate responses to tricky cross-border internet problems.
While ICANN seems to be taking the leading role in its creation, it doesn’t sound like ICANN is trying to get into issues beyond naming and addressing, judging by Chehade’s speech this morning
Chehade also talked up ICANN’s support for the domain name industry.
He admitted that ICANN has caused a lot of problems for new gTLD applicants over the course of the gTLD program, but promised that this will change, with ICANN taking a more “background” role.
“You need less risk and more stability from the ICANN side,” he said. “You have suffered for a long time from a lot of instability, a lot of unknowns.”
Increased automation, internationlization and professionalism from ICANN will serve this goal, he said.
ICANN’s compliance department, he added, should “not be the policeman for the industry but be customer service for the registrants”, he said.

US raises ITU bogeyman as Chehade pushes for exit

Kevin Murphy, October 22, 2013, Domain Policy

ICANN CEO Fadi Chehade and a US ambassador today both talked up the multistakeholder model as a cure to concerns about PRISM and related surveillance programs.
But the US warned against using the spying scandal to push internet governance into the hands of “centralized intergovernmental control”, which I’m taking to mean the International Telecommunications Union.
Chehade and Ambassador Danny Sepulveda, US coordinator for international communications and information policy, were speaking at the opening ceremony of the Internet Governance Forum in Bali, Indonesia.
Chehade went first, telling the audience that ICANN plans to set up legal structures in other countries in addition to the US, following on from the three-hub strategy he put in place earlier this year.
It’s part of his effort to internationalize ICANN, he said.
“While we are a California corporation today there is nothing that precludes us from being also, in addition to that, a legal organization in other places, and we intend to do that in order to make ICANN a more international organization,” he said.
He went on to say something that could be interpreted as his intention to get rid of or renegotiate the Affirmation of Commitments with the US government:

We also believe our commitment to the world should be indeed to the world and not to any particular stakeholder, and we will work towards that and change that.

Minutes later, Sepulveda took the stage to more or less agree with Chehade — at least at a high level — whilst simultaneously warning about too much governmental control over the internet.
He said:

The internet today is no more any one country’s than any others. It is no more any one stakeholder’s than any others.

We support an open dialogue on the modernization and evolution of the multistakeholder system that enables the operation of the global internet. Bottom-up, inclusive, cooperative efforts to empower users and enable innovation, free from arbitrary government control, is what the US has been pulling for all along.

He directly addressed the Montevideo declaration, which I wrote about earlier today, which he said was a call “to modernize the internet’s governing system and make it more inclusive”.
The declaration, he said, “should be seen as an opportunity to seek that broad inclusion and for organizing multistakeholder responses to outstanding internet issues”.
“We must work together with these organizations, in good faith, on these important issues,” he said.
“We should however guard against recent arguments for centralized intergovernmental control of the internet that have used recent news stories about intelligence programs for their justification,” he said.
This seems to be a reference to the ITU, the standard US bogeyman when it comes to control over ICANN.
Watch Chehade’s speech here, then fast forward to 1:25 to hear Sepulveda’s response.

ICANN using PRISM as excuse to break from the US

Kevin Murphy, October 22, 2013, Domain Policy

ICANN CEO Fadi Chehade, with backing from government leaders, is using the recent revelations about the PRISM mass surveillance program to try to speed up ICANN’s split from the US.
Speaking to an American radio station, Chehade said yesterday:

I think the current role the United States has with ICANN was always envisaged to change. The timing of that was the question — not if, it was just when. I think now it is clear that we need to talk about changing that role and evolving it to become a more global role where all stakeholders, not just governments, have an equal footing in the governance of the Internet. So the timing has been put into clear focus right now, that is what’s happening.

He was speaking from the latest Internet Governance Forum in Bali, where today he reiterated his calls for “all governments and all stakeholders” to work together “on equal footing”.
Similar rhetoric has been dribbling out of ICANN for the last couple of weeks.
Earlier this month, Chehade met in Montevideo, Uruguay, with the leaders of the five Regional Internet Registries, the World Wide Web Consortium, the IETF, ISOC and the IAB to discuss “current issues affecting the future of the Internet.”
They came out with the Montevideo Declaration, which states in part:

They reinforced the importance of globally coherent Internet operations, and warned against Internet fragmentation at a national level. They expressed strong concern over the undermining of the trust and confidence of Internet users globally due to recent revelations of pervasive monitoring and surveillance.
They identified the need for ongoing effort to address Internet Governance challenges, and agreed to catalyze community-wide efforts towards the evolution of global multistakeholder Internet cooperation.
They called for accelerating the globalization of ICANN and IANA functions, towards an environment in which all stakeholders, including all governments, participate on an equal footing.

The first and third paragraphs, taken together, suggested that ICANN was yet again ready to start talking about casting off the US government’s special oversight role, and that it would use Edward Snowden’s PRISM revelations as a way back into the conversation.
Milton Mueller of the Internet Governance Project first blogged about this, talking about ICANN “abandoning the US government”, prompting much media speculation about America’s future role in internet governance.
Chehade has been on the road, it seems, since Montevideo, first stopping off in Brazil to lend his encouragement to President Dilma Rousseff’s proposal for an April 2014 conference to discuss internet governance in light of the Snowden revelations.
Rousseff herself was targeted by the NSA and has become one of the most vocal government leaders in criticizing the US spy programs.
Lately it seems Chehade has been in India, where he told the Economic Times:

When any government decides to use a resource like the internet in ways that erodes the public trust, it is very regrettable. I feel like I’m the public trustee of the internet. All of us should be equal stewards of the public trust.
So when any one takes it away, it distresses all of us. It is not just by the recent revelations about PRISM, but there are other revelations that are coming out as well. Countries are employing millions of people to track the movements of their fellow citizens.

I would argue that the recent developments have emboldened people to make sure all stakeholders are participating on equal footing, including all governments.

All of this posturing raises a few basic questions, the first of which is: what does PRISM have to do with ICANN?
The answer, it seems, is “nothing”.
The PRISM revelations have implicated the likes of Google, Microsoft and Facebook — all apparently cooperating with the NSA’s mass gathering of data on civilian internet users — but no domain name players.
If the Guardian were to report tomorrow that major infrastructure players such as Verisign or Go Daddy were also involved, I would not be in the least surprised, but so far I have yet to see a connection between the domain name business and NSA spying.
In that light, if ICANN were to sever its special relationship with the US, there would be presumably no impact whatsoever on PRISM or any other surveillance program.
Chehade’s current campaign therefore seems to be politically opportunistic at best and a distraction from the underlying problem of US human rights violations at worst.
But what is meant when people speak of “splitting from the US” anyway?
It seems to me there are three important areas where the US government has undue power over ICANN: jurisdiction, the Affirmation of Commitments and the IANA contract.
ICANN is based in California and subject to US federal law. While that continues to be the case, it will always be subject to the possibility of having its work thwarted by a US court or spurious lawsuit.
It also hampers ICANN’s ability to do business with some nations unencumbered by US trade embargoes, though ICANN is usually able to secure the requisite licenses when it needs to.
It’s also always going to be at risk of being hauled over the coals by Congress every couple of years, due to lobbying by US special interest groups, which interferes with its credibility as a global organization.
ICANN has already started setting up shop in other parts of the world. New “hub” offices in Istanbul and Singapore are being characterized as being on equal footing with the LA headquarters.
But that characterization seems disingenuous.
The Affirmation of Commitments, signed by the US Department of Commerce and former ICANN CEO Rod Beckstrom in 2009 and largely negotiated under his predecessor Paul Twomey, is one of ICANN’s principal governing documents.
One of ICANN’s commitments under the AoC is to “remain a not for profit corporation, headquartered in the United States of America with offices around the world to meet the needs of a global community”.
Being US-based is baked into ICANN’s governance. If the US has to go, the AoC has to go, which means all the other accountability and review obligations in the AoC also have to go.
The third prong of US control is the IANA contract and the trilateral relationship between ICANN, Verisign and the US National Telecommunications and Information Administration.
The NTIA, essentially, controls the DNS root. Verisign actually manages the boxes it runs on, but it only makes changes — such as adding new gTLDs or redelegating ccTLDs to new registries — with NTIA authorization. That authorization, in turn, is basically a rubber stamp on an IANA/ICANN recommendation.
To the best of my knowledge, NTIA has never abused its authority to overrule an ICANN determination, or pressured ICANN into making a US-friendly recommendation.
But the process by which ICANN recommends changes to the root is pretty opaque.
I have to wonder why, for example, it took two years for Iran’s IDN ccTLD to get approved by ICANN’s board. Only the lack of any outcry from Iran suggests to me that the delay was benign.
When ICANN was founded in 1998, the original plan was for control of the root to enter ICANN’s hands before the end of the Clinton administration (ie 2000), but over the years that plan has been abandoned by the US.
The IANA contract was put up for renewal in 2011 — with a strict provision that only US-based organizations were able to apply — and then-CEO Beckstrom also pushed for more ICANN independence.
In 2011, Beckstrom was making many of the same noises Chehade is today, saying that the IANA function should be a looser “cooperative agreement” rather than a US procurement contract.
In March that year, calling for such an agreement he said at ICANN’s San Francisco meeting:

When all voices are heard, no single voice can dominate an organization – not even governments. Not even the government that facilitated its creation.

The NTIA’s response was, basically, to give Beckstrom the finger.
It said in June 2011 that it “does not have the legal authority” to do what was asked of it, then produced an IANA contract that gave itself and governments in general much greater powers to micromanage ICANN.
After delays, rejections and giving ICANN the general runaround, the NTIA finally signed off on its new IANA contract in July last year, on the final day of Beckstrom’s tenure as CEO.
It lasts until September 30, 2015, with two two-year renewals options.
If Chehade wants to unshackle ICANN from the US, the IANA contract will have to be a cornerstone of that project.
But NTIA’s past performance makes that possibility seem unlikely, unless Chehade can rally enough political pressure from the likes of Brazil and India to change his own government’s mind.
He faces an uphill battle, in other words, and at the end of the day whether breaking from the US government would be a good thing or not depends entirely on what, if anything, replaces it.
Whatever happens, let’s not pretend that ICANN’s independence has anything to do with PRISM, and let’s not allow ICANN to distract us from the wholesale violations of our rights that the US government is perpetrating.

New gTLD delegations probably not delayed by US government shutdown

Kevin Murphy, September 30, 2013, Domain Policy

If the US government shuts down tonight, would that delay the delegation of new gTLDs?
Probably not, from what I gather.
For reasons beyond the ken of most sane people*, the US legislature is currently deadlocked on a bill that would provide the funds to keep the executive wing of the government running.
It’s looking increasingly likely that the government is to shut down.
That’s a big deal for a whole range of important reasons, obviously, but it also has implications for new gTLD applicants.
The DNS root zone belongs to the US government, remember.
It’s managed by Verisign and ICANN’s IANA department suggests appropriate changes, but without USG the tripartite relationship that enables new TLDs to be delegated falls apart.
Without the NTIA in the mix, ICANN can make all the root zone change requests it wants and Verisign lacks the authority to execute them.
So there’s a reason to be worried if you’re a new gTLD applicant. If the National Telecommunications and Information Administration is out of the office for an indeterminate period, you may be looking at more delays.
However, it looks like the NTIA may have got that covered.
According to the Department of Commerce’s “Plan for Orderly Shutdown Due to Lapse of Congressional Appropriations”, (pdf) a “Telecomm. Policy Specialist”, tasked with “Emergency protection of internet management (ICANN)” is on the list of “Excepted Positions”.
I gather that this means that there’s going to be an NTIA person working during any possible shutdown to manage root zone changes, including gTLD delegations.
* It’s been several years since I lived in the States, and my grasp of the nuance of American political life has waned accordingly, but I gather the shutdown is somehow related to protecting insurance companies’ profit margins. Or defending the constitutional right to get better healthcare than people poorer than yourself. Something like that.