Protecting Internet Freedom Act

Summary: Protecting Internet Freedom Act This bill prohibits the Assistant Secretary of Commerce for Communications and Information from allowing the National Telecommunications and Information Administration's responsibility for Internet domain name system functions, including the authoritative root zone file and the performance of the Internet Assigned Numbers Authority functions, to cease unless a federal statute enacted after enactment of this bill expressly grants the Assistant Secretary such authority. The Assistant Secretary must certify to Congress that the U.S. government has: (1) secured sole ownership of the .gov and .mil top-level domains, and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides the U.S. government with exclusive control and use of those domains in perpetuity.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Internet Freedom Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Department of Commerce and the National 
        Telecommunications and Information Administration (in this 
        section referred to as the ``NTIA'') should be responsible for 
        maintaining the continuity and stability of services related to 
        certain interdependent Internet technical management functions, 
        known collectively as the Internet Assigned Numbers Authority 
        (in this section referred to as the ``IANA''), which includes--
                    (A) the coordination of the assignment of technical 
                Internet protocol parameters;
                    (B) the administration of certain responsibilities 
                associated with the Internet domain name system root 
                zone management;
                    (C) the allocation of Internet numbering resources; 
                and
                    (D) other services related to the management of the 
                Advanced Research Project Agency and INT top-level 
                domains.
            (2) The interdependent technical functions described in 
        paragraph (1) were performed on behalf of the Federal 
        Government under a contract between the Defense Advanced 
        Research Projects Agency and the University of Southern 
        California as part of a research project known as the Tera-node 
        Network Technology project. As the Tera-node Network Technology 
        project neared completion and the contract neared expiration in 
        1999, the Federal Government recognized the need for the 
        continued performance of the IANA functions as vital to the 
        stability and correct functioning of the Internet.
            (3) The NTIA may use its contract authority to maintain the 
        continuity and stability of services related to the IANA 
        functions.
            (4) If the NTIA uses its contract authority, the 
        contractor, in the performance of its duties, must have or 
        develop a close constructive working relationship with all 
        interested and affected parties to ensure quality and 
        satisfactory performance of the IANA functions. The interested 
        and affected parties include--
                    (A) the multi-stakeholder, private sector led, 
                bottom-up policy development model for the domain name 
                system that the Internet Corporation for Assigned Names 
                and Numbers represents;
                    (B) the Internet Engineering Task Force and the 
                Internet Architecture Board;
                    (C) Regional Internet Registries;
                    (D) top-level domain operators and managers, such 
                as country codes and generic;
                    (E) governments; and
                    (F) the Internet user community.
            (5) The IANA functions contract of the Department of 
        Commerce explicitly declares that ``[a]ll deliverables provided 
        under this contract become the property of the U.S. 
        Government.''. One of the deliverables is the automated root 
        zone.
            (6) Former President Bill Clinton's Internet czar Ira 
        Magaziner stated that ``[t]he United States paid for the 
        Internet, the Net was created under its auspices, and most 
        importantly everything [researchers] did was pursuant to 
        government contracts.''.
            (7) Under section 3 of article IV of the Constitution of 
        the United States, Congress has the exclusive power to 
        ``dispose of and make all needful Rules and Regulations 
        respecting the Territory or other Property belonging to the 
        United States''.
            (8) The .gov and .mil top-level domains are the property of 
        the United States Government, and as property, the United 
        States Government should have the exclusive control and use of 
        those domains in perpetuity.

SEC. 3. MAINTAINING THE IANA FUNCTIONS CONTRACT.

    The Assistant Secretary of Commerce for Communications and 
Information may not allow the responsibility of the National 
Telecommunications and Information Administration with respect to the 
Internet domain name system functions, including responsibility with 
respect to the authoritative root zone file and the performance of the 
Internet Assigned Numbers Authority functions, to terminate, lapse, 
expire, be cancelled, or otherwise cease to be in effect unless a 
Federal statute enacted after the date of enactment of this Act 
expressly grants the Assistant Secretary such authority.

SEC. 4. EXCLUSIVE UNITED STATES GOVERNMENT OWNERSHIP AND CONTROL OF 
              .GOV AND .MIL DOMAINS.

    Not later than 60 days after the date of enactment of this Act, the 
Assistant Secretary of Commerce for Communications and Information 
shall provide to Congress a written certification that the United 
States Government has--
            (1) secured sole ownership of the .gov and .mil top-level 
        domains; and
            (2) entered into a contract with the Internet Corporation 
        for Assigned Names and Numbers that provides that the United 
        States Government has exclusive control and use of those 
        domains in perpetuity.