It’s a big week for digital freedom and internet governance, with two key summits taking place in Geneva ahead of World Telecommunication and Information Society Day on Friday, May 17, Brian Pellot reports.
The week-long World Summit on the Information Society (WSIS) Forum bills itself as the “largest annual gathering of the ‘information and communication technologies for development’ community”. This multi-stakeholder UN forum brings together government, business and civil society to discuss internet policy and governance issues.
The forum’s agenda this year will address infrastructure, education, gender, disability, literacy and development — all important digital access issues for freedom of expression. Most country-specific sessions are organised by their host states, which include Russia, Iran, Saudi Arabia and Egypt. These countries’ troubling track records on digital freedom of expression call into question how useful these sessions will be in addressing the most sensitive local issues.
The first WSIS took place in 2005. Annual fora and the ongoing WSIS+10 review process will culminate in 2015 when the initial action plan’s success will be evaluated on a range of issues including connectivity and access.
Also in Geneva, the three-day World Telecommunication Policy Forum (WTPF) on internet policy issues starts tomorrow. WTPF is less inclusive than WSIS, bringing together the International Telecommunication Union’s member states and sector members but leaving civil society on the sidelines. Unlike December’s World Conference on International Telecommunications (WCIT) in Dubai, decisions made at WTPF will not be binding but are expected to guide the future direction of internet governance discussions over the next two years.
The push for a top-down government-led approach, which Index on Censorship has opposed, may be a key issue at WPTF. Index set out its positions on digital freedom in this note. Similar points are made by the Center for Democracy and Technology and Access Now in a joint statement. The open and inclusive multistakeholder model of internet governance will be called into question again. Net neutrality, affordable access, development, privacy and other fundamental rights will also be up for discussion. To combat the lack transparency and civil society’s exclusion at WTPF, WCITLeaks.org is once again hosting leaked preparatory documents ahead of the summit.
Check back for more posts on WSIS and WTPF throughout the week.
Freedom to Connect, a conference that usually addresses the “nuts and bolts” of internet connectivity, focused sharply this year on fundamental freedoms.
Conference organiser David Isenberg attributed the need for this shift to recent developments, most notably the January suicide of computer programmer and internet activist Aaron Swartz. Swartz delivered the keynote speech at last year’s conference. At the time of his death, he faced up to 35 years in prison and $1,000,000 in fines for violating the US Computer Fraud and Abuse Act.
Power and its subversion were central themes at the two-day conference.
Darcy Burner, a Washington state Democrat and former Microsoft executive, delivered the opening “After Aaron” lecture commemorating Swartz. She argued that for the purposes of inciting meaningful change, network power built on consent is much stronger than economic, political or military power.
Glenn Greenwald, Guardian writer and Freedom of the Press Foundation co-founder, said Aaron Swartz and WikiLeaker Bradley Manning were both victims of prosecutorial excessiveness and abuse. He added that increasing state surveillance “threatens to turn the internet into a weapon that shields, protects and strengthens power” rather than subverting it. Other speakers reiterated this notion that the internet can be both a tool for democratising discourse and a weapon for control and censorship.
Dan Gilmor, director of the Knight Center for Digital Media Entrepreneurship, discussed corporate abuse of power. He said consumers often prefer convenience to liberty when technology is concerned. Convenience, or perhaps dependence, explains why users opt in to restrictive terms of service and sacrifice elements of their privacy to use certain online platforms and services like Facebook and Twitter.
Christopher Soghoian, who works on the American Civil Liberties Union’s Speech, Privacy and Technology Project, argued that US telecommunications providers are among the worst corporate abusers of power. Soghoian argued that telcos want power over software without assuming responsibility for updating it, leaving consumers vulnerable to cybersecurity breaches. Access Now highlighted the most egregious violations by wireless carriers in its recent Telco Hall of Shame competition.
Former Republican staffer Derek Khanna spoke on Democracy Now!, which broadcast live from the conference both days, about his campaign to reverse a recent US decision that made unlocking cell phones illegal. My Index post from January explains the policy, which AT&T and Verizon pushed for, but which the White House announced Monday it favours overturning after an online petition against it garnered more than 100,000 signatures.
Khanna was recently fired for arguing in a House Republican Study Committee report that the US copyright system should be reformed to expand fair use and limit copyright terms. Copyright was another recurring theme throughout the conference, touched on by artists, entrepreneurs and psychedelic soul legend Lester Chambers.
Gwenn Semmel, an artist, decided not to show the audience where she drew inspiration from for her paintings, saying, “I don’t want to call down the wrath of the copyright gods, because they are temperamental and expensive.”
Ben Huh, CEO of the lolcats and internet meme empire Cheezburger Network, Alexis Ohanian, co-founder of Reddit, and Mike Godwin, famed internet lawyer, discussed their fight against the 2012 US copyright bills SOPA and PIPA.
One of the most interesting presentations came from dominatrix, performance artist and blogger Mistress Clarissa who made the free speech pitch for porn, arguing that the industry pushes cultural boundaries and provides invaluable opportunities for expression and self-exploration.
Several speakers promoted community-owned networks, arguing that the internet represents critical infrastructure that should not be left solely in the hands of self-interested monopolies. Nineteen US states currently impose legal barriers that restrict the building of community-owned fibre broadband systems.
Vint Cerf, famed “father of the internet” and Google’s Chief Internet Evangelist, wrapped up the conference by criticising new copyright alert systems in the US and France, the lack of fair and open ICT competition in many regions, and troubling internet governance developments to come out of December’s World Conference on International Telecommunications in Dubai. Cerf will move to London for six months later this year to concentrate on developments likely to affect our freedom to connect in Europe, the Middle East and Africa. In an increasingly connected world, regional debates have unavoidable global implications.
Freedom to Connect’s increased focus on political freedoms and free speech comes amid increased obstacles to an open and uncensored internet. Taking action on our discussions at this conference will be crucial if we wish to continue preserving and promoting digital freedom of expression.
WCIT 12: Milton Mueller asks if governments are turning their backs on the global internet? A push to change the business model that delivers online content could stifle innovation and make the net an instrument of sovereignty, stuck behind national walled gardens
At the end of the 20th century, an incredible revolution took place. Barriers to the free flow of information were knocked down and a powerful cycle of technological innovation was set in motion, transforming the economy, first in the United States and then around the world.
No, I am not talking about the internet.
I am referring to the liberalisation of the telecommunications industry, which led to a huge economic revolution in the 1980s and 1990s. It started with a big bang: the breakup of the AT&T monopoly. As early as the mid- 1960s, policy-makers knew they didn’t want the emerging information services industry to be dominated and stifled by an enormous monopoly. The US Federal Communications Commission created a regulatory distinction between ‘basic’ and ‘enhanced’ services, ‘enhanced’ being defined as any transmission that included ‘information processing’. Information services would be unregulated and the market left wide open. This process began in the US and was followed by the largest economies in Europe and Asia. Technical standards escaped from the control of national governments and a huge number of new competitors entered the market. With global free trade agreements in place for IT equipment and telecommunication services, in 1995 and 1997 respectively, economic liberalisation of the industry was complete.
Deregulation had profound consequences. The same infrastructure was used for both the transmission of information services (such as early emails, and data-sharing) and telephone calls, but businesses delivering information services were exempt from the entry restrictions and gatekeeping regulations levied on telephone companies. In the late 1980s, the US pried open space for what was then a largely experimental market, pushing for trade rules to internationalise these reforms. In that pre-internet period, countries such as Japan, the UK and Hong Kong saw no harm in opening up what was a tiny market. Little did those early negotiators know that they were clearing a path for the spread of the internet. Considered an ‘information service’ because it was essentially software run by computers, the internet spread over global telecommunications networks like wildfire. After 20 years, it would swallow up the massive telephone market and transform newspapers, television, radio, publishing and practically every other mode of communication.
The economic roots of internet freedom
Much of the freedom and openness we associate with the internet is not a product of its technology. Many respected scholars have promoted the notion that there is something about the internet’s ‘architecture’ or ‘design’ that magically makes information free. True, the internet’s design made it cheaper and easier to interconnect thousands of different networks and devices. But its technical potential could never have been realised without an open, liberal industry. Without the deregulation of information services, without the market economy in telecommunications, without diversity and competition among providers and free trade agreements that enable content and investment from anywhere in the world, there would be no internet freedom. Internet technology – TCP/IP protocols – can be installed in computers in North Korea, but it won’t make communications in that country free. If a repressive government owns and operates the telecommunications infrastructure, blocks trade in computer and telecom equipment, does not allow a free market for access, devices or services to develop, censors or jails dissident publishers and forces new online businesses to obtain permission to trade online, it’s easy to contain and control the internet.
A counter-revolution in the making?
The internet now dominates our communications environment. But older communication laws, regulations and policies have begun to haunt it. There is a tendency to try to make the internet like the old media, so that governments and interest groups can recreate the kinds of controls they once had. In particular, there are widespread attempts to reassert nation-state authority. In December 2012, the World Conference on International Telecommunications (WCIT) will take place in Dubai. The UN meeting will revise the International Telecommunication Union’s International Telecommunication Regulations (ITRs), a binding treaty intended to ‘facilitat[e] global interconnection and interoperability of telecommunications facilities’. The ITRs were established in 1988 – years before the internet had become a mainstream medium and just as telecommunications liberalisation was in full swing.
The world has changed dramatically in the 25 years since the current ITRs were drafted. Since 1988, the internet’s technical standards community has used open working groups to develop or revise hundreds of new standards and make them available online for free. The ITU’s telecommunication standards development activities, in contrast, have shrunk and its revenue model, based on high membership fees granting exclusive access to official standards documents, has become unpopular. New private sector institutions, such as the Internet Corporation for Assigned Names and Numbers (ICANN) and regional internet registries, allow open public participation and set policy for infrastructure. In the ITU, in contrast, decisions are based on a one-country, one-vote calculus and ordinary internet users, digital rights advocates and civil society are not well represented. The
Dubai conference represents a crossroads for the future of telecommunications: the ITU must update its treaty to take account of the internet or risk slipping into historical irrelevance. It’s as if the internet is now being visited by the ghosts of telecommunications past.
Some alarmists have claimed that proposed revisions to the treaty threaten internet freedom, presenting it as a ‘takeover’ plot by authoritarian governments in the ITU, a premeditated attempt to subjugate the internet to states once and for all. Although these fears have gained an enormous amount of publicity, they are largely unfounded. Aside from polarising the dialogue, they tend to divert attention from the real issues.
The ITU is in no position to assert control over the internet’s domain name or addressing systems or its open standard-setting processes. The ITRs cannot really impose global content regulation. The ITU has no enforcement or policing capabilities; it relies entirely on member states to apply and enforce its rules. No democratic governments will agree to impose Chinese-style censorship on their local internet users simply because of an ITU regulation or guideline. Besides, as the case of China makes clear, national governments already have the authority to censor and regulate internet users if they want to.
The potential dangers emerging from WCIT negotiations are more subtle. Decisions taken during the conference could undermine the economic liberalism of the communications sector. One of the most progressive and important parts of the 1988 regulations was Article 9, a short annex entitled ‘Special Arrangements’. It allowed companies to privately negotiate how ‘special telecommunication networks, systems, and services’ operate. Most agreements concerning internet connections are made possible under this provision. Revised regulations could pull web interconnections into a more burdensome regulatory regime. Some governments and telecom companies (many of which are still monopolies and/or state-owned) want to turn national telecom operators into gatekeepers of internet services, applications and content, which could lead to fragmentation of the internet. Some telephone companies are trying to apply old charging models to internet traffic, as if requesting a web page or video was like making an international telephone call. This could make the internet more expensive for users or stifle business models based on different charging models. It could open the door to charging schemes designed to subsidise national operators at the expense of service providers that rely on the telecommunications infrastructure but do not own it, such as YouTube or Skype.
A more progressive approach would emphasise the gains of liberalisation. Countries should be encouraged to permit multiple, competing service providers and allow them to freely negotiate traffic exchange and content distribution deals. New regulations should affirm the basic principles underlying the World Trade Organisation’s free trade agreements and eliminate all forms of protectionism and national filtering of legitimate information services.
Cyberspace and national security
The Dubai conference will also consider proposals to include cybersecurity in the ITRs. Of course, security problems online are real and do need to be addressed. But it’s questionable whether effective solutions can be included in the new regulations and whether the ITU is the best authority to come up with them.
At best, proposals to address security concerns are unfocused and a bit naïve. Member states are asked to ‘stop spam’, ‘protect data and network integrity’, ‘ensure internet security and stability’ or ‘supervise enterprises operating in their territory’. These proposals reveal the basic disconnect between the security problems of the internet and the ITRs. Cybercrime, spam, and cybersecurity issues involve not just network operations and standards but a complex interaction of hardware standards, software engineering, content and human behaviour. Cybersecurity also relates, of course, to the military, so problems relating to it go far beyond the ITU’s remit and capabilities. Attempts to regulate cybersecurity would vastly expand the scope of the ITU and erase the boundary between information services and telecommunications – with very little likelihood of being effective.
At worst, proposals to deal with cybersecurity reveal nostalgia for the nationally-controlled telecommunications of the pre-internet era. Some proposals would try to prevent international communications that ‘interfere in [states’] internal affairs’ or that undermine ‘sovereignty, national security or territorial integrity’. These proposals have little support, and even if passed could not really shield states from ‘subversive content’ as long as the current liberal information services regime holds in most of the world. But underlying these proposals is an apparent belief that the borderless information flow of the internet is inconsistent with traditional approaches to national sovereignty and security. Even in the US, where the WCIT delegation defends the internet model, the increasingly popular notions of ‘critical infrastructure protection’ and the pursuit of superior cyber warfare capabilities threaten to militarise the internet and push communications back into national walled gardens.
The internet flourished precisely because it was allowed to develop outside a state-dominated political environment where information and communications were seen as instruments of sovereignty, surveillance and power. The new communications and information sector was an instrument of global commerce, free trade, innovation and open culture. Internet freedom advocates must understand and support the economic institutions that made the internet revolution possible. The most important negotiations at WCIT will not be about censoring content or taking over domain registration. They will be about whether the telecommunications revolution will be allowed to continue, or whether it will be pushed in the opposite direction.
Milton Mueller is professor at Syracuse University School of Information Studies and the author of Networks and States: The Global Politics of Internet Governance (MIT Press) revolution in crisis
What can you do?
Index and many other civil society organisations that fight for free speech and internet freedom oppose moves to give the ITU authority over the internet. Join more than 33,000 other citizens from 166 nations and sign here to ask your nation’s leaders to protect global internet freedom
If you are an academic or work for a civil society organisation — join us by signing on here and send the letter to government officials who are participating in the ITU process
As an arcane UN body seeks new relevance and campaigns to take over internet governance, Dominique Lazanski — a member of the UK WCIT-12 delegation — outlines the risks it poses to net freedom and free speech
Index joins civil society groups in voicing concerns about proposals made by the International Telecommunication Union (ITU) that would threaten the openness of the internet(more…)
Index joins civil society groups in voicing concerns about proposals made by the International Telecommunication Union (ITU) that would threaten the openness of the internet 