Testimony of Nancy J. Victory on H.R. 2417, the “Dot Kids Name Act of 2001”
Assistant Secretary of Commerce for Telecommunications and Information
before the
House Energy and Commerce Committee
Subcommittee on Telecommunications and the Internet
on H.R. 2417, the “Dot Kids Name Act of 2001”
November 1, 2001
Chairman Upton, I would like to thank you and the members of the Subcommittee
for inviting me here to testify today. Developing safe spaces on the Internet
for children is certainly a worthwhile undertaking and I appreciate this
opportunity to work with you to realize this goal.
I believe that the Internet should be a tool of electronic commerce,
education, entertainment, and communications for all Americans. During
my tenure at the National Telecommunications and Information Administration
(NTIA), I intend to further policies that produce opportunities for all
Americans to take greater part in the digital age. At the same time, I
want to ensure that the Internet provides positive, safe online experiences
for our children.
The Administration continues to support ongoing private sector efforts
to address many of the concerns raised by our children’s increasing access
to the Internet. There have been many thoughtful and innovative approaches
taken by industry, non-profit organizations, and public institutions to
provide ready access to child-friendly, quality content on the Internet
and to develop technological tools that help parents and guardians protect
children from material they consider inappropriate. I commend them for
these laudable efforts.
As you know, there are a number of excellent web sites specifically
designed for children. Industry has also developed any number of innovative
technology tools, including filtering software and browser applications.
Recently, the Internet Content Rating Association, a global non-profit
organization backed by industry leaders such as AOL, the Microsoft Network
and Yahoo!, announced that it has developed a new voluntary rating system
that allows content providers to label web site content. And, just this
week, EarthLink announced that it had teamed with SurfMonkey to offer a
free, downloadable browser and new children’s services designed to offer
children a safer online experience. In addition, EarthLink will offer a
$2.95 per month premium service that provides advanced parental controls
on e-mail, instant messaging, videophone, bulletin boards and chatrooms
and that includes a technology that enables children to communicate only
with friends whom their parents have approved.
These efforts promise to empower parents to manage their children’s
online experiences consistent with their individual values. The Administration
continues to believe that industry working with concerned parents and family
organizations can make great strides in improving the quality of a child’s
experience on the Internet.
I am particularly pleased to report on two actions that the Department
of Commerce announced this week that I believe will enhance opportunities
for Americans, including children, on the Internet. First, the Department
entered into a cooperative
agreement with EDUCAUSE, a nonprofit organization representing the
information technology needs of the U.S. higher education community, to
better manage and expand the existing .edu domain. The .edu domain is one
of the original seven top level domains created by the founders of the
Internet for use by four-year colleges and universities in the United States
for computer research purposes. This legacy domain has since been used
by U.S. institutions of higher learning to provide college registration
services, distance learning programs, curricula distribution, and a myriad
of other educational purposes. The cooperative agreement with EDUCAUSE
recognizes the importance of involving the higher education community in
the policymaking related to .edu to ensure that it better serves education
in America. I am also pleased to announce that, as one of its first actions,
EDUCAUSE will be making the .edu domain available to approximately1,200
regionally accredited community colleges across the United States.
I am also pleased to report that the Department awarded a contract
to NeuStar, Inc., for management of the existing .us domain. The .us
domain is the country code top level domain created by Internet founders
to be associated with the United States. It is currently used primarily
by state and local governments, schools, libraries and other public institutions.
Because of its cumbersome locality-based naming structure, the .us domain
has been largely unused by American businesses and consumers.
However, we are hoping the NeuStar contract will change that by providing
enhanced opportunities for all Americans – – small businesses, industry,
individuals, state and local governments, and schools and libraries – –
to have a presence on the Internet uniquely associated with the United
States. NeuStar has committed to making substantial investments in the
technical management of .us as well as developing a means for U.S. stakeholders
to participate in policymaking. One of the interesting aspects of its proposal
is to create “public resource” domains under .us to serve as common spaces
to further various public interest and service objectives. Pertinent to
today’s hearing is that NeuStar specifically proposes for one such public
resource domain a “.kids.us” space as a “safe” space on the Internet specifically
tailored to the needs of children.
We at the Department of Commerce are looking forward to working with
NeuStar to explore implementation of this aspect of their proposal in a
manner consistent with our goal of empowering parents and respecting our
nation’s fundamental commitment to free expression. We will work with the
Subcommittee as we move forward in this implementation to ensure that our
mutual goals are achieved.
The Subcommittee has asked for my comments on H.R. 2417, the “Dot Kids
Domain Name Act of 2001,” and the manager’s amendment. While the NeuStar
proposal may obviate the need for such legislation, I appreciate the opportunity
to share my thoughts. While I support the goal of the legislation, the
mechanisms contemplated in both versions raise substantial policy and legal
concerns.
The bill as introduced seeks to mandate the creation of a top level
“.kids” domain by requiring the Internet Corporation for Assigned Names
and Numbers (ICANN) to select a .kids domain operator. Such regulation
of the management of the Internet domain name system is inconsistent with
the established policy goal of privatization of that system, and particularly,
private sector leadership with respect to the introduction of new top level
domains.
Among other things, unilateral action by the United States to create
an “international” .kids domain is at odds with the global nature of the
Internet and its domain name system. International reaction to U.S. efforts
to legislate in the area of domain name management could hamper the United
States’ abilities to advance its foreign policy objectives, particularly
critical telecommunications and information policy goals. Our international
allies have a strongly held aversion to United States’ efforts to assert
its national will on the Internet, a global resource. In fact, some governments
have already raised objections to the instant legislation and have suggested
that this kind of U.S. action supports their position that Internet-related
decisionmaking should more properly be decided through international governmental
organizations.
I am also concerned about the mechanisms that the bill uses to mandate
the creation of such a domain. The bill uses the memorandum
of understanding between the Department of Commerce and ICANN to regulate
its activities with respect to new top level domains. All activities under
the memorandum of understanding, however, are by mutual agreement. The
Department of Commerce does not “regulate” ICANN. The memorandum of understanding
very clearly leaves the selection and introduction of new top level domains
to the private sector-led process within ICANN. I continue to believe that
the private sector is best able to make decisions about new top level domains
that affect the global Internet.
The bill would also prohibit ICANN from considering, or the Department
from approving, any new top level domain or country code top level domain
until a .kids domain is established. I am very concerned about the potentially
anti-competitive impact of this provision on U.S. stakeholders, including
information technology companies, seeking to enter the domain name market.
As Secretary of Commerce Evans wrote to Dr. Vinton Cerf, ICANN’s Chairman,
in May of this year, the Department supports ICANN’s ongoing activities
to select new top level domains. In particular, Secretary Evans noted the
importance of competition in the top level domain market.
The bill also establishes a content standard for the .kids domain and
requires ICANN and the Department to regulate online content based on this
standard. Some courts have in the past found such government mandated standards
to be problematic, and I understand this issue is currently pending before
the Supreme Court in the COPA case. I am also concerned about the
appropriateness of the Department of Commerce regulating online content.
Traditionally, law enforcement agencies enforce the various prohibitions
against illegal content (e.g., gambling, pornography, fraud).
I am pleased to say that some of the difficulties inherent in H.R. 2417
as introduced are eliminated in the manager’s amendment by focusing instead
on a domestic approach. The manager’s amendment requires the creation of
a second level “.kids” domain under the .us top level domain. While I believe
focusing on .us is more likely to yield a successful realization of a “kid-friendly”
space designed for American children, the manager’s amendment still raises
some policy and legal concerns. Particularly, I note that the amendment
continues to require content standards and enforcement by the Department
of Commerce. It also alters the existing contractual obligations between
the Department of Commerce and NeuStar that were established through the
government procurement process and it changes the company’s expectations
with respect to its opportunities under the award.
While the Department supports the development of a .kids.us domain,
I am concerned that problems with this legislation could ultimately undermine
that goal. I believe that development of a viable, voluntary space in the
.us domain for children’s content can better be achieved by focusing on
implementation of the proposal put forth by NeuStar in the .us award. I
would like to continue to work with the bill’s sponsors to develop an approach
that would ensure that the proposal is implemented in a timely and beneficial
way. NTIA expects part of this effort to include working with our contractor
to conduct outreach to interested family organizations and public interest
groups and to consult with relevant government agencies, including the
Departments of Education, Health and Human Services, and Justice. I look
forward to reporting back to the Committee soon on the progress we have
achieved.
Again, thank you for this opportunity to testify. I will be happy to
answer any questions you may have.
