[discuss] discuss Digest, Vol 3, Issue 67

[John Curran]

On Feb 17, 2014, at 11:13 AM, Phil Corwin <psc at vlaw-dc.com> wrote:

> On the subject of whether the IANA contract/root zone authority is US government property, and whether DOC/NTIA has independent authority to transfer or would require authorizing legislation, see http://www.gao.gov/products/GAO/OGC-00-33R 
> 
> " (11) it is uncertain whether transferring control would also include transfer of government property to a private entity; (12) to the extent that transition of the management control to a private entity would involve the transfer of government property, it is unclear if Commerce has the requisite authority to effect such a transfer"
> 
> While a 2000 study, DOC stated at that time that the answer would require extensive legal analysis it had not conducted -- and still has not to this day, so far as I am aware.

That was my understanding as well - based on all information available,
the question remains open at this time.

> So the answer is that the IANA contract may require validating legislative approval prior to transfer to any other entity, be it a new multistakeholder or multilateral entity or ICANN itself,

Indeed - it _may_ require validating legislative approval, or it _may not_
require validating legislative approval.

> and that regardless of the answer to that legal inquiry NTIA might want at least informal Congressional sanctioning before embarking on what could be a very controversial divestiture.

There is a vast difference between informal congressional consultation
and requiring authorizing legislation; assertions that it would require
the latter are not backed in evidence, i.e. conjecture at this time.

/John

Disclaimers: My views alone. No DNS zone files were harmed in preparing this email.