Defending Internet Freedom Act of 2015

Summary: Defending Internet Freedom Act of 2015 Prohibits the Assistant Secretary of Commerce for Communications and Information from relinquishing the responsibilities of the National Telecommunications and Information Administration (NTIA) with respect to Internet domain name functions, including Internet Assigned Numbers Authority (IANA) functions, unless the Assistant Secretary certifies to Congress that a final proposal has been received that ensures:  control over the management of the Internet domain name system will not be exercised by a governmental or intergovernmental body;  standards for freedoms of speech, of the press, of assembly, and of association are at least as protective as the First Amendment to the U.S. Constitution;  the Internet Corporation for Assigned Names and Numbers (ICANN) has an external, independent process for reviewing and resolving disputes between ICANN and external parties, including the ability to reverse decisions of the board of directors; ICANN remains subject to U.S. law;  ICANN has adopted disclosure procedures that are at least as protective of public access as the Freedom of Information Act;  the U.S. government has been granted ownership of the &quot;.gov&quot; and &quot;.mil&quot; top-level domains; and  ICANN has adopted additional measures recommended by the multistakeholder community.   Requires such certification to ensure amendments to ICANN bylaws to prohibit ICANN from: (1) engaging in activities unrelated to ICANN's core mission of managing the IANA functions and proposing and overseeing policy decisions central to coordinating the global interoperability and uniqueness of Internet domain names; or (2) agreeing to impose on a registrar or registry any condition, such as a regulation of content, that is unrelated to ICANN's core mission. Requires such a certification to also ensure amendments to bylaws concerning: (1) Governmental Advisory Committee advice and policy proposals, and (2) a required supermajority of the board of directors for votes regarding changes to bylaws. Directs the Assistant Secretary, if such a certification is not submitted to Congress by a specified deadline, to extend through September 30, 2017, the existing IANA functions contract under which ICANN is required to perform IANA functions.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defending Internet Freedom Act of 
2015''.

SEC. 2. REQUIREMENTS FOR NTIA RELINQUISHMENT OF DNS RESPONSIBILITIES.

    (a) In General.--Unless the Assistant Secretary submits the 
certification described in subsection (b) to the appropriate 
congressional committees--
            (1) the Assistant Secretary may not relinquish the 
        responsibilities of the NTIA with respect to Internet domain 
        name functions, including responsibility with respect to the 
        authoritative root zone file, the IANA functions, or the 
        related root zone management functions; and
            (2) the Assistant Secretary shall exercise the first option 
        period described in paragraph I.70(b) of the IANA functions 
        contract to extend such contract through September 30, 2017.
    (b) Certification Described.--The certification described in this 
subsection is a written certification that the Assistant Secretary has 
received a final proposal for relinquishing the responsibilities of the 
NTIA with respect to Internet domain name functions that ensures the 
following:
            (1) Control over the management of the Internet domain name 
        system will not be exercised by a governmental or 
        intergovernmental body.
            (2) The bylaws of ICANN have been amended to provide for 
        the following:
                    (A) No director or officer of ICANN may be selected 
                by or represent a governmental or intergovernmental 
                body.
                    (B) The board of directors of ICANN is prohibited 
                from voting on advice or a policy proposal offered by 
                the Governmental Advisory Committee unless such 
                Committee reaches consensus regarding such advice or 
                proposal. For purposes of the preceding sentence, the 
                term ``consensus'' means general agreement in the 
                absence of any formal objection.
                    (C) ICANN is committed to upholding freedom of 
                speech, freedom of the press, freedom of assembly, and 
                freedom of association and has adopted and implemented 
                standards that are at least as protective of such 
                freedoms as is the First Amendment to the Constitution.
                    (D) The term ``supermajority'' is defined for 
                purposes of the bylaws of ICANN to mean, with respect 
                to a vote of the board of directors, an affirmative 
                vote by at least four-fifths of all directors.
                    (E) A change in the bylaws of ICANN requires a vote 
                of a supermajority of the board of directors.
                    (F) ICANN has an external, independent process for 
                reviewing and resolving disputes between ICANN and 
                external parties, including members of the 
                multistakeholder community, in all matters related to 
                the operations and policy decisions of ICANN. Such 
                process includes the ability to reverse decisions of 
                the board of directors.
                    (G) ICANN shall remain subject to United States law 
                (including State law) and to the jurisdiction of United 
                States courts (including State courts).
                    (H) ICANN is prohibited from engaging in activities 
                unrelated to ICANN's core mission or entering into an 
                agreement or modifying an existing agreement to impose 
                on a registrar or registry with which ICANN conducts 
                business any condition (such as a condition relating to 
                the regulation of content) that is unrelated to ICANN's 
                core mission.
            (3) ICANN has adopted policies and procedures for 
        disclosing to the public records and other information that are 
        at least as protective of public access as the policies and 
        procedures required by section 552 of title 5, United States 
        Code (commonly known as the Freedom of Information Act). The 
        policies and procedures adopted include a means by which the 
        denial of a request for access to records or other information 
        may be appealed through the independent dispute resolution 
        process described in paragraph (2)(F).
            (4) The United States Government has been granted ownership 
        of the .gov and .mil top-level domains.
            (5) ICANN has adopted, if necessary through amendment to 
        its bylaws, all additional measures recommended by the 
        multistakeholder community through the IANA Stewardship 
        Transition Coordination Group, the Cross Community Working 
        Group on Enhancing ICANN Accountability, and the Cross 
        Community Working Group to Develop an IANA Stewardship 
        Transition Proposal on Naming Related Functions.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Energy and Commerce of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (3) IANA functions.--The term ``IANA functions'' means the 
        Internet Assigned Numbers Authority functions, as described in 
        the IANA functions contract.
            (4) IANA functions contract.--The term ``IANA functions 
        contract'' means the contract between the NTIA and ICANN that 
        became effective on October 1, 2012, under which ICANN is 
        required to perform the IANA functions (Contract No. SA1301-12-
        CN-0035).
            (5) ICANN.--The term ``ICANN'' means the Internet 
        Corporation for Assigned Names and Numbers.
            (6) ICANN's core mission.--The term ``ICANN's core 
        mission'' means managing the IANA functions and proposing and 
        overseeing policy decisions central to coordinating the global 
        interoperability and uniqueness of Internet domain names.
            (7) NTIA.--The term ``NTIA'' means the National 
        Telecommunications and Information Administration.
            (8) State.--The term ``State'' means each of the several 
        States, the District of Columbia, each commonwealth, territory, 
        or possession of the United States, and each federally 
        recognized Indian tribe.