H.R. 5737 Would Authorize Internet Giveaway Upon NTIA Bogus 'Freedom' Certification

Editor's comment: H.R. 6737 has 4 sponsors and has not been passed. ALG President details his reason below for opposition to the bill. At the same time other conservative orgs support the bill.

Jay Sekulow, Chief Counsel, American Center for Law and Justice: "Nowhere have the power of free speech and the importance of our First Amendment been more evident than in the revolutionary growth of the Internet. Preserving the free and open nature of this exchange is absolutely critical. Congressman Mike Kelly is to be commended for his thoughtful legislation that would ensure the continued freedom and success of the world's most powerful information technology."

Eagle Forum: "The Internet has flourished as a forum for open discourse and commerce thanks to American oversight. Surrendering control would only benefit those who think the Internet is too free and too open. Rep. Kelly's bill ensures that the Obama administration won't be able to forfeit America's crucial role as guardian of Internet freedom."

The Heritage Foundation: "In short, the Internet is too important for the announced transition to occur in a manner that threatens the freedom or vitality of the Internet. Thankfully, there are some Members of Congress who are paying attention to this critical issue. The most recent contribution is the Defending Internet Freedom Act of 2014."

A Middle of the Road opinion was expressed by Frank J. Gaffney, Jr., President & CEO, Center for Security Policy: "The Obama administration's abdication of long-standing, exclusive U.S. oversight over ICANN constitutes a threat both to American foreign policy interests and to American First Amendment freedoms. Although it is our view that such a transfer must not take place - and that a requirement for explicit authorization from Congress is the most effective check on such a move - the Defending Internet Freedom Act imposes at least some measure of congressional oversight over this reckless decision by requiring President Obama to certify to the people's elected representatives in Congress, based on several criteria, that any proposed alternative arrangement regarding Internet governance does not jeopardize American sovereignty or security."

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"The bill trades a right for a promise that is guaranteed to be broken."
Fairfax, Va.— Americans for Limited Government President Nathan Mehrens today issued the following statement urging opposition to H.R. 5737 by Rep. Mike Kelly (R-PA), which authorizes the Department of Commerce's National Telecommunications and Information Administration (NTIA) to give away the Internet to the Internet Corporation for Assigned Names and Numbers (ICANN) upon "written certification that the Assistant Secretary has received a proposal for relinquishing the responsibilities of the NTIA with respect to Internet domain name functions that ensures… ICANN appl[ies] a standard that is at least as protective of such freedoms as is the First Amendment to the Constitution."

"We shouldn't even be having this conversation, when nobody has even made the case for the necessity of the Internet transition. Why is creating a global, unaccountable monopoly for Internet governance so important? It is not up to Congress to make that case for the President. It is up to Congress to stop him, because once the Internet is gone, we won't get it back.

"To support this legislation under the guise of 'prohibiting' the Internet transition, when the bill authorizes the giveaway, is disingenuous. The so-called 'Defending Internet Freedom Act of 2014' provides the very Congressional authorization for the Internet giveaway that the President desperately needs in return for empty promises from unaccountable multinational stakeholders and a bogus 'freedom' certification by NTIA that cannot possibly be enforced.

"On its face, it is not possible for ICANN to apply a standard 'at least as protective as the First Amendment,' since once Internet governance is relinquished there will be zero recourse in federal court for any claims of censorship. There is no First Amendment cause of action that can be taken against a private institution. Yet, NTIA will have little trouble certifying it had received those assurances. Under the current arrangement as a U.S. government contractor, every user of the Internet already has full First Amendment protections should anything go awry. In essence, the bill trades a right for a promise that is guaranteed to be broken.

"In the future, there will be no requirement for ICANN to apply the highest level scrutiny for First Amendment claims against itself like a court would. Regardless of the bill, turning the Internet names and numbers functions over to ICANN effectively makes them the prosecutor, judge, jury, and executioner over all speech on the information superhighway with no recourse."

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Tags: HR 5737, GOP Rep Mike Kelly,  Internet Giveaway, ICANN, Jay Sekulow, American Center for Law and Justice, Eagle Forum, The Heritage Foundation, Frank J. Gaffney, Jr., Center for Security Policy To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. and "Like" Facebook Page - Thanks!