JOINT PROJECT AGREEMENT BETWEEN

THE U.S. DEPARTMENT OF COMMERCE AND

THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS

 

Preamble

 

The U.S. Department of Commerce (Department) has an agreement (the Joint Project Agreement) with the Internet Corporation for Assigned Names and Numbers (ICANN) for the purpose of the joint development of the mechanisms, methods, and procedures necessary to effect the transition of Internet domain name and addressing system (DNS) to the private sector.

 

The Department continues to support private sector leadership in the innovation and investment that has characterized the development and expansion of the Internet around the globe.Furthermore, the Department continues to support the work of ICANN as the coordinator for the technical functions related to the management of the Internet DNS.Both Parties agree that preserving the security and stability of the Internet DNS is a priority, with ICANNís focus on DNS security matters being critical to this effort.

 

Agreement Between the Parties

In recognition of the Partiesí desire to institutionalize the private sector technical coordination and management of the Internet DNS to the private sector, the Parties hereby agree as follows:

I.To strike Section V.B. from the Joint Project Agreement in its entirety and to substitute the following:

B.Department.†† The Department reaffirms its policy goal of transitioning the technical coordination of the DNS to the private sector in a manner that promotes stability and security, competition, bottom-up coordination, and representation. Consistent with this objective, the Department agrees to perform the following activities:

1.†††††††† Transparency and Accountability:Continue to provide expertise and advice on methods and administrative procedures to encourage greater transparency, accountability, and openness in the consideration and adoption of policies related to the technical coordination of the Internet DNS;

2.†††††††† Root Server Security:Continue to consult with the managers of root name servers operated by the U.S. Government and with other responsible U.S. Government agencies with respect to operational and security matters, both physical and network, of such root name servers and recommendations for improvements in those matters;

3.†††††††† Governmental Advisory Committee:Participate in the Governmental Advisory Committee so as to facilitate effective consideration by ICANN of GAC advice on the public policy aspects of the technical coordination of the Internet DNS; and

 

4.†††††††† Monitoring:Continue to monitor the performance of the activities conducted pursuant to this Agreement.

II. To strike Section V.C. from the Joint Project Agreement in its entirety and to substitute the following:

C.ICANN. ICANN reaffirms its commitment to maintaining security and stability in the coordination of the technical functions related to the management of the DNS and to perform as an organization founded on the principles of stability and security, competition, bottom-up coordination, and representation. In conformity with the ICANN Board-approved mission and core values, ICANN agrees to perform the following activities:

1.†††††††† Accountability:†† To take action on the Responsibilities set out in the Affirmation of Responsibilities established by the ICANN Board in ICANN Board Resolution 06.71, dated September 25, 2006, (Responsibilities) and attached hereto as Annex A; and

2.†††††††† Reporting:†† To publish, on or before December 31st of each year, an ICANN Annual Report that sets out ICANNís progress against the following:

††††††††††††††††††††††† a.ICANN Bylaws;

††††††††††††††††††††††† b.ICANNís Responsibilities; and

††††††††††††††††††††††† c.ICANNís Strategic and Operating Plans.

III. Strike Section VII from the Joint Project Agreement in its entirety and to replace it with:

A.††††††† This Agreement will become effective upon signature of ICANN and the Department. This Agreement will terminate on September 30, 2009.

B.†††††††† In furtherance of the objective of this Agreement, and to support the completion of the transition of DNS management to the private sector, the Department will hold regular meetings with ICANN senior management and leadership to assess progress.In addition, the Department will conduct a midterm review of progress achieved on each activity and Responsibility that will include consultation with interested stakeholders.

C.††††††† This Agreement may not be amended except upon the mutual written agreement of the Parties.Either Party may terminate this Agreement by providing one hundred twenty (120) days written notice to the other Party.If this Agreement is terminated, each Party shall be solely responsible for the payment of any expenses it has incurred.This Agreement is subject to the availability of funds.

 

IV.Except as specifically modified by this document, the terms and conditions of the Joint Project Agreement remain unchanged.

 

FOR THE NATIONAL                                            †† FOR THE INTERNET CORPORATION
TELECOMMUNCATIONS AND                           †† FOR ASSIGNED NAMES AND
INFORMATION ADMINISTRATION:                 ††† NUMBERS:

 

________________________________                ††† ___________________________________

Name:John M.R. Kneuer ††††††††††††††††††                         Name:Dr. Paul Twomey

Title:Acting Assistant Secretary for                         †††† Title:President and CEO
Communications and Information

Date:September _____, 2006                                   Date:September _____, 2006


ANNEX A