On January 27, 2009 the House Committee on the Judiciary adopted a wide-ranging plan for oversight to be conducted by it during the new, 111th Congress. As described below, they plan to delve into ICANN matters at the full Committee level, chaired by Representative John Conyers (D-MI). The Committee’s inquiry will be based upon its jurisdiction over intellectual property and criminal law and is entirely separate from inquiries that may be conducted by the Commerce Committee, which has general oversight over the Commerce Department and ICANN. We have also heard that the Homeland Security Committee may hold hearings based upon the relationship of the DNS to cybersecurity.
Conversations with both majority and minority staff at the Judiciary Committee indicate that an initial hearing may be scheduled in February. The ICA is informing Committee members and staff of our expertise and unique viewpoint on ICANN-related matters and our willingness to assist in their inquiry, including testifying at any hearings that may be scheduled. We will continue to keep our members updated on plans for ICANN oversight on Capitol Hill.
The portion of the Committee’s oversight plan relating to ICANN is as follows:
"Internet Corporation for Assigned Names and Numbers (ICANN)/IP on the Internet. The Committee may review several issues that are related to ICANN’s influence and operations over the creation and assignment of domain names and Internet protocol addresses. The rationale for and likely impact of ICANN’s proposed expansion of generic Top-Level Domains (gTLD’s) on the value of trademarks and the business operations of both small and large brand-name owners, an increased likelihood of confusion and expanded opportunity to defraud consumers as a result of expanding the gTLD’s, continuing concerns about ICANN’s inability or unwillingness to enforce the terms of Registrar Accreditation Agreements (RAA) that require registrants to provide truthful and accurate information to the WHOIS database, and concerns that relate to domain name tasting and domain name frontrunning all may be the subject of inquiry and consideration by the Committee. In addition, the Committee may explore the role of the U.S. Government in ensuring that consumers and brand-name trademark owners are adequately and effectively protected from dangers that emanate from how the backbone of the Internet is governed and operated."