Congress
House Subcommittee Scrutinizes Possible Domain Name Expansion
WASHINGTON, May 5, 2011 – The House Judiciary Subcommittee on Intellectual Property, Competition and the Internet held a hearing Wednesday to investigate the possible effects of expanding Internet domain names beyond the traditional suffixes like .com and .net to potentially anything a registrant could type.
The subcommittee probed plans by the Internet Corporation for Assigned Names and Numbers (ICANN) to expand the generic top level domains (gTLDs) beyond the set menu of familiar suffixes like .org and .gov. The proposed new regime could comprise either an expanded menu of choices or an open door for registrants to create a suffix of their choosing, such as .google or .microsoft.
WASHINGTON, May 5, 2011 – The House Judiciary Subcommittee on Intellectual Property, Competition and the Internet held a hearing Wednesday to investigate the possible effects of expanding Internet domain names beyond the traditional suffixes like .com and .net to potentially anything a registrant could type.
The subcommittee probed plans by the Internet Corporation for Assigned Names and Numbers (ICANN) to expand the generic top level domains (gTLDs) beyond the set menu of familiar suffixes like .org and .gov. The proposed new regime could comprise either an expanded menu of choices or an open door for registrants to create a suffix of their choosing, such as .google or .microsoft.
ICANN, which formed in 1998, is a non-profit corporation that manages the domain name system for Internet website addresses. Each website “lives” at an address designated by a string of numbers – called an IP address – which operates like a telephone number. ICANN indexes those numbers and pairs them up with domain names, which allows users to find a website by typing in an easy-to-remember name rather than a difficult-to-remember string of seemingly random numbers.
As ICANN presumes – and a number of subcommittee members acknowledged – the go-ahead on generic top level domains would likely spur investment by offering many new entrants sought-after domain names, albeit with different suffixes. The move would also lay the groundwork for allowing the creation of domain names in non-Latin characters, such as Arabic or Japanese.
On the other hand, subcommittee members worried, the creation of unlimited gTLDs could also create a host of problems.
“New gTLDs will likely spur investment and revenue,” said subcommittee chair, Rep. Bob Goodlatte (R-VA) during his prepared statement, “but [they] may cause consumer confusion and open doors to fraud.”
Later on in the hearing, Goodlatte questioned whether there were financial motivations in the form of raises or bonuses for anyone at ICANN to push the proposed expansion. ICANN senior vice president, Kurt Pritz, said he did not know the answer to that question.
Goodlatte also indicated that if ICANN introduced gTLDs, he would like to see a significant portion of the proceeds from the sale of new domains invested protections for trademark and intellectual property owners.
In addition to the consumer issues ICANN’s proposal presents, trademark holders also face potential skyrocketing costs associated with ensuring the integrity of their marks.
When questioned, Mei-Lan Stark, a member of the Board of Directors of the International Trademark Association acknowledge the value of making the Internet more accessible to those using non-Latin alphabets, but noted the difficulty and cost already associated with defending marks on the Internet due to multiple gTLDs.
To illustrate, Stark relayed the problems a Fox affiliate had when its domain name was copied with a different suffix and used by an overseas registrant to host a pornography site.
To head off problems, in a practice known as “defensive registration,” many registrants will scoop up domain names with additional suffixes like .net or .co in addition to the .com. When trademark disputes do arise, however, ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP) requires that the parties settle the matter by agreement, arbitration or court action before the organization will cancel, suspend or transfer a domain name.
In many cases, where an alleged infringer resides outside the U.S., a long-term resolution may be all but impossible, according to Philip Foret, a partner and intellectual property attorney at Dilworth Paxson LLP in Philadelphia. The World Wide Web, he says, is the “Wild West” of trademark law.
“The problem with overseas infringers is that they can avail themselves to loopholes,” says Foret. “You can send them a cease and desist letter, but then they take the site down and retain the address so you have to continue to monitor these sites.”
Adding a theoretically infinite number of gTLDs to the mix could very well lead to what Foret calls a cybersquatting “land rush” on domains similar to the mid-1990’s and consequent exponential increase in already high legal costs for trademark policing. Moreover, with respect to the ability to absorb those costs, all companies are not equal.
“It’s really the smaller and medium sized companies with low or no legal budgets that would be most affected when having to police trademark rights,” says Foret. “They may have to spend a lot of company resources protecting their brands.”
House of Representatives
Silicon Valley Rep. Anna Eshoo Will Not Seek Reelection
The lawmaker’s Silicon Valley seat will be open for the first time in decades.

WASHINGTON, November 22, 2023 – Representative Anna Eshoo, D-Calif., announced on Tuesday that she will not seek reelection in 2024.
Eshoo’s retirement will leave up for grabs California’s 16th Congressional District, which includes Silicon Valley and parts of Santa Clara and San Mateo counties. The San José Spotlight reported that multiple local Democrats are eyeing the solid blue seat.
Her departure will also open up a spot on the House Energy and Commerce Committee, whose purview includes telecommunications, tech and energy policy, public health, and food and drug safety.
The 80-year-old legislator was the first woman to represent her district and spent over 30 years in Congress. She sponsored bills on tech policy, including Section 230 changes and efforts to accelerate broadband build outs.
Eshoo touted her long legislative career in a video announcing her retirement, including 66 bills signed into law over five presidential administrations.
“For three decades, you’ve given me your trust,” she said of her constituents. “I’ve given every fiber of my being to live up to that sacred trust.”
The lawmaker joins more than 30 lawmakers on Capitol Hill who have also announced plans to step down after their current terms. She will serve through January 2025.
Senate
Experts Suggest Measures to Protect Affordable Connectivity Program at Senate Hearing
Under consideration: Opening the Universal Service Fund to contributions from broadband and Big Tech companies.

WASHINGTON, September 28, 2023 – A broadband association asked Congress last week to open the Universal Service Fund to contributions from broadband and Big Tech revenues to allow the umbrella fund to absorb and support the Affordable Connectivity Program.
The industry is concerned that the $14-billion ACP program, which discounts monthly services for low-income Americans and those on tribal lands, is going to run out of money by early next year. Meanwhile, it is universally agreed that the Universal Service Fund, which includes four high-cost broadband programs, is struggling to maintain its roughly $8-billion annual pace without a diversification of its revenue sources.
Jonathan Spalter, president and CEO of USTelecom, told the Communications and Technology subcommittee studying the future of rural broadband on September 21 that Congress could both support the sustainability of the USF and the ACP by forcing contributions from broadband and Big Tech revenues.
The idea is that the extra revenue would solve the USF sustainability question by allowing the fund to continue to support the existing four programs under its purview, while also allowing it to adopt the ACP program, hence removing that program from reliance on Congress for money.
“We can have Congress give the FCC the authorities that it requires to be able to expand the contribution base, integrating the ACP within USF program, and thereby allowing the potentially out of control contribution factor that will potentially bog down the viability and longevity of the Universal Service Fund mechanisms to go down,” Spalter said.
“And in so doing it can expand the contribution base sufficiently to allow not only broadband but importantly the dominant Big Tech companies to participate so that we would effectively fuse the Affordable Connectivity Program with [high-cost program] Lifeline and do so in a way that would actually not require appropriated dollars from Congress.”
The ACP currently has around 21 million Americans signed up, but the FCC says many more are eligible. The commission has been allocating money to outreach groups to market the subsidy program.
While some have argued that the Federal Communications Commission could unilaterally expand the contribution base of the USF, the commission has elected to wait for Congress to make the requisite legislative reforms to give it that authority.
Forcing Big Tech companies, which rely on the internet to deliver their products, has been an idea tossed around by experts and promoted by Federal Communications Commissioner Brendan Carr. Meanwhile, forcing broadband revenues to contribute to the fund has also received good support.
The concern for the ACP program is that the internet service providers rely on the $14 billion to continue to offer discounts.
“With funding set to be depleted early next year, initial notices of service termination could be out during the height of the holiday season in December – that’s a present none of our constituents deserve to receive,” said Congresswoman Doris Matsui, D-Calif.
“Poverty is everywhere, but higher in rural America, in our region the reason most people can’t adopt service is due to lack of affordability, this impacts more households than lack of infrastructure alone,” said Sara Nichols, senior planner of the Land of Sky Regional Council of Government.
“It’s a program we simply can’t afford to lose,” added Nichols.
Rural Utilities Service
White House Nominates Basil Gooden as Rural Development Chief at USDA
Gooden would be responsible for overseeing the activities of the Rural Utilities Services, an important broadband funding agency.

WASHINGTON, September 11, 2023 – The White House on Monday announced the nomination of Basil Gooden for Under Secretary of Agriculture for Rural Development in the U.S. Department of Agriculture.
Agriculture Secretary Tom Vilsack touted the nomination in a statement, saying that Gooden “is a widely-respected, accomplished champion for affordable housing, community advancement, and economic development. His public service career is informed by a lifelong commitment to agriculture and rural development.”
Gooden is the current director of state operations for rural development at USDA.
If confirmed for the position, Gooden would be responsible for overseeing the activities of the Rural Utilities Services, which encompasses the Water and Environment Programs, the Electric Program, and the Telecommunications Program, which is dedicated to improving the quality of life for rural Americans through providing funds to deploy rural telecommunications infrastructure.
The administration may seek additional funding for broadband through the department. RUS Administrator Andy Berke, the former mayor of Chatanooga, Tenn., who also served as a Commerce Department official with the title, “special representative for broadband.”
Running USDA’s Rural Utilities Service Isn’t Andy Berke’s First Act in Broadband
If selected for the position, Gooden would fill the void left behind by Xochitl Torres Small, who resigned from the role and was later confirmed by the Senate as deputy secretary of agriculture this past July.
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