http://opencrs.com/document/97-868/

Summary

Navigating the Internet requires using addresses and corresponding
names that identify the location of individual computers. The Domain
Name System (DNS) is the distributed set of databases residing in
computers around the world that contain address numbers mapped to
corresponding domain names, making it possible to send and receive
messages and to access information from computers anywhere on the
Internet. The DNS is managed and operated by a not-for-profit public
benefit corporation called the Internet Corporation for Assigned Names
and Numbers (ICANN). Because the Internet evolved from a network
infrastructure created by the Department of Defense, the U.S.
government originally owned and operated (primarily through private
contractors) the key components of network architecture that enable
the domain name system to function. A 1998 Memorandum of Understanding
(MOU) between ICANN and the Department of Commerce (DOC) initiated a
process intended to transition technical DNS coordination and
management functions to a private-sector not-for-profit entity. While
the DOC has played no role in the internal governance or day- to-day
operations of the DNS, ICANN remained accountable to the U.S.
government through the MOU, which was superseded in 2006 by a Joint
Project Agreement (JPA). On September 30, 2009, the JPA between ICANN
and DOC expired and was replaced by an Affirmation of Commitments
(AoC), which provides for review panels to periodically assess ICANN
processes and activities. Many of the technical, operational, and
management decisions regarding the DNS can have significant impacts on
Internet-related policy issues such as intellectual property, privacy,
e- commerce, and cybersecurity. With the expiration of the ICANN-DOC
Joint Project Agreement on September 30, 2009, and the announcement of
the new AoC, the 112th Congress and the Administration may continue to
assess the appropriate federal role with respect to ICANN and the DNS,
and examine to what extent ICANN is positioned to ensure Internet
stability and security, competition, private and bottom-up
policymaking and coordination, and fair representation of the global
Internet community. A related issue is whether the U.S. government's
unique authority over the DNS root zone should continue indefinitely.
Foreign governments have argued that it is inappropriate for the U.S.
government to have exclusive authority over the worldwide DNS, and
that technical coordination and management of the DNS should be
accountable to international governmental entities. On the other hand,
many U.S. officials argue that it is critical for the U.S. government
to maintain authority over the DNS in order to guarantee the stability
and security of the Internet. The expiration of the JPA, the
implementation of the Affirmation of Commitments, and the continuing
U.S. authority over the DNS root zone remain issues of interest to the
112th Congress, the Administration, foreign governments, and other
Internet stakeholders worldwide. Other specific issues include the
possible addition of new generic top-level domain names (gTLDs), .xxx
and the protection of children on the Internet, the security and
stability of the DNS, and the status of the WHOIS database. How all of
these issues are ultimately addressed could have profound impacts on
the continuing evolution of ICANN, the DNS, and the Internet.
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