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Username: Nestor DR
Date/Time: Mon, July 10, 2000 at 10:57 AM GMT
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Subject: CONTEXT: RELEVANT CONGRESSIONAL DOCUMENTS -- U.S. CONGRESS -- HOUSE

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Date: July 10, 2000

Dear Distinguished Members At Large, ICANN Names Council and Honorable ICANN Board Members:

I offer the following references that I considered as background, and guiding principles, in order to provide my systematic responses to the 74 questions posted in the public input/comment forum. 

I did not make direct reference to the following information as I consider that the 74 questions AND ICANN’s actions deal with technical, administrative and process aspects/principles/methods of the new gTLDs. Besides the administrative issues prompted by the 74 questions posted for comments, some questions/answers necessarily touched on things more closly related under the purview of Administrative Law (i.e., those things that define the powers, limitations, and procedures of administrative agencies) which more closely resemble the Administrative Procedure Act (5 USC Sect. 551 et seq.), and to some extent the California Codes, BUT NOT facts of substantive law, other than those which have purview over the administrative functions of ICANN, notwithstanding the fact that ICANN is a private, non-profit corporation. 

However, I believe that mentioning of these documents (i.e., the ones referenced below) is of great value in that these referenced documents may continue to provide you with some of the relevant context to guide you, as they did me, in considering the recommendations before you relating to the new gTLDs.

To this end, I urge you to weigh the precedent value of the following documents; the referenced documents are representative, but not exhaustive, of the body of law and knowledge regarding the issues at hand.

I congratulate you for you outstanding work and the opportunity that you have afforded us, the Membership At Large, to take part of this process, and the openness, which I perceived, is certainly a “best-practice” given your short history.  In this light, I am respectfully certain that the word and the spirit on the following documents will be of great value to you (i.e., the following Congressional Acts (the law) and other relevant Congressional information, including the written testimony presented to the Oversight Subcommittee on July 22, 1999 by Ms. Esther Dyson, Interim Chair, ICANN). 

Very Truly Yours,

Nestor Requeno
Los Angeles, California USA

NR:nr

REFERENCES:

The Internet Freedom and Family Empowerment Act (Rep. Christopher Cox, 47th Congressional District, California & then Rep. Ron Wyden). Approved by the House by an overwhelming 420-4 vote, and was signed into law in February 1996 as part of the Telecommunications Act of 1996. [47 U.S.C. 230] 
Reference Link: the webpage of the Hon. Christopher Cox (Representative, 47th Congressional District, California): http://www.house.gov/nettax/cw1.htm

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The Electronic Signatures in Global and National Commerce Act (Inslee/Eshoo/Lofgren Amendment). The bipartisan vote was 356 to 66. [H.R. 1714].

Reference Link: the webpage of the Hon. Anna Eshoo (Representative, 14th Congressional District of California): http://www-eshoo.house.gov/esign.html

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The Internet Freedom and Broadband Deployment Act of 1999 (Rep. William Tauzin, R-Louisiana, Chairman Subcommittee on Telecommunications, Trade and Consumer Protection & Rep. John Dingell, (D-Michigan). [H.R. 2420]

Reference Link: http://www.house.gov/tauzin/internetact.htm

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House Policy Committee -- Policy Perspective--Good for America, Good For the World: "A Global Free Trade Zone on the Internet", (1997), Rep. Christopher Cox (R-Louisiana), Chairman. Reference: "Framework for Global Electronic Commerce" signed by President Clinton (1997).

Reference Link: http://policy.house.gov/documents/perspectives/global.htm

--------------------------
Title: A bill to protect consumers and promote electronic commerce by amending certain trademark infringement, dilution, and counterfeiting laws, and for other purposes. Senate Bill S.1225; Sponsor: Sen. Abraham Spencer (Introduced 6/21/1999; Passed Senate: Congressional Record Page Ref. 9/8/99 CR S10629-10630; Passed House: Congressional Record Page Ref. CR H10830-10831); 106th Congress.


Related Bill: H.R. 3028, (Rogan/Boucher/Coble/Goodlatte).
[S. 1225 passed House, amended, in lieu of H.R. 3028]
Title: Trademark Cyberpiracy Prevention Act -- To amend certain trademark laws to prevent the misappropriation of marks [Introduced in the House 10/6/99].

Reference Link: Website of Rep. James E. Rogan, 27th Congressional District, (R-California): http://www.house.gov/rogan/enmenu2.htm

--------------------------------

Witten Testimony Presented to Oversight Hearing -- Committee on Commerce -- Committee on Oversight & Investigations, July 22, 1999 by Ms. Esther Dyson, Interim Chair, ICANN, Panel 1, Witness 2.

Quotable Sections: I. Introduction: The Challenge of Creating a Private Sector, Consensus-Based Organization; II. Subsections Entitled: "Permanent Cost Recovery" & "Constraints on ICANN's Authority"; Conclusion.

Reference Link: U.S. House of Representatives, Committee on Commerce, Subcommittee on Oversight and Investigations, July 22, 1999 Oversight Hearing.
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