The debate over Internet governance for much of the past decade has often come down to a battle between ICANN and the ITU (a UN body), which in turn is characterized as a choice between a private-sector led, bottoms-up, consensus model (ICANN) or a governmental-controlled approach. The reality has always been far more complicated. The U.S. still maintains contractual control over ICANN, while all governments exert considerable power within the ICANN model through the Governmental Advisory Committee (GAC).
While the GAC claims its role is merely to provide “advice” to ICANN, it often seems to take the view that its suggestions can’t be refused. Indeed, late on Friday, ICANN proposed a by-law change that would grant governments even greater control over its decision-making process. At the moment, ICANN looks to various supporting organizations to develop policies designed to represent the views of many different stakeholders, including the GAC. Where the GAC and the ICANN board disagree on a policy issue, the ICANN board decision governs provided that a simple majority of board members vote against the GAC advice and that ICANN provide an explanation for the decision.
ICANN is now proposing that the threshold be increased so that 2/3 of eligible ICANN board members would be required to vote against GAC advice in order to reject it.
Read more ›
Earlier this month, the U.S. government surprised the Internet community by announcing that it plans to back away from its longstanding oversight of the Internet domain name system. The move comes more than 15 years after it first announced plans to transfer management of the so-called IANA function, which includes the power to add new domain name extensions (such as dot-xxx) and to alter administrative control over an existing domain name extension (for example, approving the transfer of the dot-ca domain in 2000 from the University of British Columbia to the Canadian Internet Registration Authority).
My weekly technology law column (Toronto Star version, homepage version) notes the change is rightly viewed as a major development in the ongoing battle over Internet governance. Yet a closer look at the why the U.S. is embarking on the change and what the system might look like once the transition is complete, suggests that it is not relinquishing much power anytime soon. Rather, the U.S. has ensured that it will dictate the terms of any transfer and retain a “super-jurisdiction” for the foreseeable future.â€¨
Read more ›
Appeared in the Toronto Star on March 22, 2014 as Why the U.S. Government Isn’t Really Relinquishing Power Over Internet Governance Earlier this month, the U.S. government surprised the Internet community by announcing that it plans to back away from its longstanding oversight of the Internet domain name system. The […]
Read more ›
One year ago, many Internet users were engaged in a contentious debate over the question of who should govern the Internet. The debate pitted the current model led by a United States based organization known as the Internet Corporation for Assigned Names and Numbers (supported by the U.S.) against a government-led, United Nations-style model under which countries such as China and Russia could assert greater control over Internet governance.
The differences between the two approaches were never as stark as some portrayed since the current model grants the U.S. considerable contractual power over ICANN, but the fear of greater foreign government control over the Internet led to strong political opposition to UN involvement.
While supporters of the current model ultimately prevailed at a UN conference in Dubai last December where most Western democracies, including Canada, strongly rejected major Internet governance reforms, the issue was fundamentally about trust. Given that all governments have become more vocal about Internet matters, the debate was never over whether government would be involved, but rather about who the global Internet community trusted to lead on governance matters.
My weekly technology law column (Toronto Star version, homepage version) argues that the Internet governance choice was a relatively easy one at the time, but in recent weeks the revelations about widespread U.S. secret surveillance of the Internet may cause many to rethink their views. Starting with the first disclosures in early June about the collection of phone metadata, the past two months have been marked by a dizzying array of reports that reveal a massive U.S. surveillance infrastructure that covers the globe and seeks access to virtually all Internet-based communications.
Read more ›
Appeared in the Toronto Star on July 27, 2013 as Secret Surveillance Puts Internet Governance System at Risk One year ago, many Internet users were engaged in a contentious debate over the question of who should govern the Internet. The debate pitted the current model led by a United States […]
Read more ›