I want to join the voices of Matthew Shears, Bill Drake, and James 
Gannon here on the downside risks of delay.

There are always risks to any change but the fabric of this change is 
strong enough (and flexible enough) to deal with most stresses. During 
yesterday's Senate hearing there were excellent presentations by many 
and good questions by some. But, there were areas where it was clear 
that the Senators do not fully understand, and areas where ICANN has to 
explain things with more clarity.

There was confusion between notions of a fragmented Internet and the 
impacts of national policy. The risk of delay is that national 
governments will either move to transfer ICANN's remit to another UN or 
multilateral organization, which would be bad in that it exposes the 
core DNS stability and security remit to a political domain. That is why 
delay is risky, but this is confounded by what I see as some confusion 
resulting from an inadequate recognition of the differences between the 
notion of "fragmentation of the Internet" within ICANN's DNS remit, and 
differential Internet ecosystem policies in different countries. It is 
important that this difference be understood. We may care about both but 
where core DNS policy making resides should be clearly differentiated 
and understood.

Much of regulation, including much around the broadly defined "net 
neutrality" may differ from country to country, some with good policy 
and some with bad policy. This is not "fragmentation" within ICANN's 
remit, it is differential national policy. ICANN could elect to show 
leadership and advocate for a sort of best in class high ethical ground 
position about "net neutrality" but that would be ICANN community 
advocacy outside ICANN's core remit. That would not compromise ICANN's 
benefit corporation remit.

However, what needs to be made clear here is that a concern with 
"fragmentation of the Internet" is within the security, stability..and 
connectedness.. of the DNS system itself, and not those areas of policy 
that will always reside within the policy remit of national governments, 
and result in good, bad, or terrible domestic policy. The Senator's 
question about "Net Neutrality" suggested the need for more clarity here.

Lastly, another Senator asked "what is broken", and countered with the 
principle that "If it ain't broken don't fix it". This too was a 
misunderstanding of the intent of the transition, and this needs to be 
explained more clearly. I suspect that many of the questions were 
prompted by a sense of "Well, if I don't understand this well, and we 
'own' it, lets not give it away". The reality there, as well put by some 
speakers, is that the U.S. does not own it in any event, it is simply 
"out there". What is being handed over to wider stewardship is 
oversight, being handed over to a very public and transparent process 
where any constituency, including governments, can ring an alarm bell 
should policy impacting on the security, stability...and 
connectedness..." of the DNS system start to wobble on its axis, nothing 
more and nothing less.

Get this transition behind us and let constituencies return to worrying 
about what their respective governments are up to with regard to 
Internet ecosystem policy at home, or the harmonization, or 
fragmentation, of those policies in UN and multilateral settings. That 
is where the next big struggles will occur and they are beyond the ICANN 
DNS remit.

Sam L.