The Department of Commerce (DOC) has posted a Federal Register Notice of Inquiry. They are conducting an inquiry in regard to ICANN’s compliance with and performance under the Joint Project Agreement (JPA) signed in September 2006, which extended the current Memorandum of Understanding (MOU) between the DOC and ICANN. The JPA called for a midpoint review of ICANN’s progress toward becoming a more stable, accountable and transparent organization, and the public comment process initiated by this Notice is the first step in that review process. The DOC has also indicated that it will probably hold a public hearing on this matter subsequent to the close of the public comment period on February 15, 2008.

The ICA intends to file extensive written comments on behalf of its membership, as well as to seek a witness slot at any subsequent public hearing. While ICA members are certainly encouraged to file their own separate comments with the DOC, the purpose of this memo is to seek feedback from you to assist the ICA in drafting its own comments on this very important matter. As the due date of February 15, 2008 will be the final day of the ICANN meeting being held in New Delhi, India, the ICA intends to submit its comments in early February in advance of ICA staff traveling to that meeting. Therefore, we encourage all ICA members who wish to provide input to us to forward their views no later than January 15, 2008 to Philip Corwin. 

The DOC notice specifically asks for feedback as to whether ICANN has made progress since October 1, 2006; how and why progress has been made; and what more could be done by ICANN; in regard to the following ten discrete areas of responsibility under the JPA:

1.        Security and stability

2.        Transparency

3.        Accountability

4.        Root server security and relationships

5.        TLD management, including competition and WHOIS accuracy and access

6.        Multi-stakeholder model, including furthering the effectiveness of the bottom-up policy development process

7.        Role of governments, including a review of the Government Advisory Committee’s (GAC) role in providing advice on public policy aspects of ICANN’s activities

8.        IP addressing

9.        Corporate responsibility, including excellence and efficiency in operations

10.     Corporate administrative structure, including contract enforcement

The DOC Notice clarifies that this list is not intended to be exhaustive and that comments on other aspects of ICANN’s performance and progress are welcomed.

The record created pursuant to the DOC process initiated by this Notice will be a critical factor in influencing the decision of the U.S. government regarding the continuation, modification, or termination of the MOU when it next comes up for review in September 2009. That decision will be made by the administration of the next U.S. President – whoever he or she may be – as well as by DOC political appointees who will have been only recently installed and confirmed at the time they recommend a course of action to the new President. Therefore, it is extremely important that the submission of the ICA and of individual domain name registrants be as comprehensive, and as well reasoned and documented, as possible. We thank you in advance for your consideration of this critical matter for the domain name monetization industry and look forward to receiving and reviewing your timely feedback.