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“ICANN’s mission is stewardship and operational stability, not the defence of its existence or the preservation of the status quo.”
Stuart Lynn, ICANN President, Feb 2002
There has been much debate this month among internet circles about the future of the Internet Corporation for Assigned Names and Numbers (ICANN). Much of this was discussed at the NETmundial meeting in Sao Paolo, a suitable venue given Brazil’s desire to throw its weight behind reforming such bodies as ICANN. Reforms are on the cards, but no one seems to be clear what exactly these will do to the way the internet is used. Sentiments of doom and gloom mix with utopian forecasts of freedom.
The NETmundial Multistakeolder Statement doesn’t reveal much, other than paying lip service to various principles (freedom of expression and association, privacy) and charting the roughest of roadmaps for future directions on Internet governance. Aspiration, be it in terms of transparency, accountability and collaboration, is key.
ICANN was incorporated in California on September 18, 1998. Its creation was heralded as a loosening of the grip by US authorities on the operational side of the Internet, tasking a company to take over administrative duties. ICANN plays a leading role in dealing with the distribution of IP addresses and the management of the Domain Name System (DNS).
As far back as February 2002, the organisation’s president, Stuart Lynn, saw the need for reforms of the body. Reforms had to “replace ICANN’s unstable institutional foundations with an effective public-private ownership, rooted in the private sector but with the active backing and participation of national governments.” Tensions of management are fundamental – keeping an eye on “high-level elements of the Internet’s naming and address allocation systems” while avoiding intrusions that would stifle “creativity and innovation”. That tension has never been resolved.
On Mar 14, the National Telecommunications and Information Administration (NTIA), based in the US Department of Commerce, announced that its grip on ICANN would be loosened. “The timing is right to start the transition process,” claimed Assistant Secretary of Commerce for Communications and Information, Lawrence E. Strickling. “We look forward to ICANN convening stakeholders across the global Internet community to craft an appropriate transition plan.”
John M. Eger, Director of the Creative Economy Initiative at San Diego State University, was enthusiastic. “The US Government’s decision to end oversight of [ICANN] represents an opportunity for US leadership creating global ‘e-government’ systems to solve international law enforcement and terrorism problems, develop global education and environmental initiatives, and in turn, start using the Internet as a platform for advancing a new foreign-policy agenda.”
Eger’s overview is counter-intuitive – to shape internet governance, to seize the day, as it were, in such areas, one has to liberalise such bodies as ICANN and lessen the grip. Technology can be better managed and directed if the big holders release the creation. The Internet can become both a tool of open governance if the Obama administration embraces a “multistakeholder model”. “Letting go of ICANN gives the US momentum to more aggressively breathe life into the thousand[sic] of applications, which more truly internationalise its usefulness to nations, and to the world community.”
Eger’s observations are problematic on one direct level. US leadership in such areas has tended towards bullying and cajoling negotiating partners in accepting a supposedly universal premise in implementing its own specific policies. Nothing demonstrates that more acutely than the current secret Trans-Pacific Partnership Agreement talks. Ostensibly geared to accelerate trade liberalisation, the leaked chapters of the document suggest that Washington is keen to impress strict, even draconian intellectual property provisions on potential signatories. What can’t be done through Congress can be smuggled in via international treaty.
The suggested relinquishing of control by the US Department of Commerce has not been deemed a wise gesture on the part of such individuals as Sweden’s minister for foreign affairs, Carl Bildt. In relinquishing such control, internet governance would be altered, allowing other states to throw their hats in the ring. Bildt is convinced that widening such involvement on ICANN is not “the way to go.”
Bildt’s concern is paternalistic. Opening such doors will let in rather unsavoury characters keen on over-regulation. “Net freedom is as fundamental as freedom of information and freedom of speech in our societies.” Despite extolling such virtues, he has proven rather enthusiastic about dousing the flames over the NSA revelations of blanket surveillance, arguing that the Swedish FRA is, in fact, a defender of online freedoms. Visions of governance tend to vary.
Bildt also chairs the Chatham House and Centre for International Governance and Innovation Inquiry, created to examine the Snowden legacy and state censorship of the Internet. In a statement in January, the inquiry partners emphasised that “a number of authoritarian states are waging a campaign to exert greater state control over critical internet resources.” They are far from the only ones.
The short of it is that governments are compulsive meddlers. As attractive as the rhetoric of liberty and freedom might be, intrusive governance is still regarded as acceptable. The Brazilian Minister of Communications, Paulo Bernardo, considers virtual crimes and cybersecurity as vital areas of government policy. He did concede that “protocol standards and domain names registration can be perfectly controlled by the technical community.”
The language of Nikolai Nikiforov, Russian representative at NETmundial, proved more muscular. “Being subject to international laws, states act as grantors of rights and freedoms for citizens, play a role in the economy, security and stability of internet infrastructure, and undertaken measures to prevent, detect and deter illegal actions in the global network.”
Governments, it seems, just can’t let go.
This article was posted on May 1, 2014 at indexoncensorship.org
For many years, the Indian public in particular, had very little interest in who controlled the internet and decisions taken at a structural level that shaped its future.
The press carried little tidbits about the World Summit on Information Society; a pair of United Nations-sponsored conferences about information, communication and, with an aim to bridge the so-called global digital divide separating rich countries from poor countries by spreading access to the internet in the developing world, the UN body, International Telecommunications Union (ITU); which coordinates the shared global use of the radio spectrum, promotes international cooperation in assigning satellite orbits, works to improve telecommunication infrastructure in the developing world, and assists in the development and coordination of worldwide technical standards, and Internet Corporation for Assigned Names and Numbers (ICANN), which coordinates the Internet Assigned Numbers Authority (IANA) functions, which are key technical services critical to the continued operations of the Internet’s underlying address book, the Domain Name System (DNS) and also UN Commission of Science and Technology Working Group on Enhanced Cooperation, where governments come together to discuss issues like internet governance.
What was commonly known followed a similar trajectory: America invented the internet, it is a global commons, and it works well.
Over the last few years, however, as the Indian experience with the internet has matured, questions of governance, both internally and externally have started making headlines. Allegations of mass surveillance have hogged all headlines. Another factor cannot be missed: the Indian digital economy is growing rapidly, and while internet governance is nowhere close to being an election issue in India, domestically, access, freedom of expression, cyber crime and cyber security are growing concerns. There also the reality that as India’s population gets increasingly connected, it will host one of the biggest online demographies in the world. Therefore, India’s views and actions in terms of how the internet should grow and be governed is crucial to the future of the internet itself.
In October 2011, the Indian government proposed that a UN Committee for Internet-Related Policies (CIRP) be formed, so that governments can debate and deliberate on vital issues such as intellectual property enforcement, privacy and data protection, online filtering and censorship and network neutrality. Those opposed to the idea have warned that the “open” nature of the internet will be threatened by governments who favor a controlled and censored form of the internet. Also the proposed structure of the UN-CIRP seemed to be the very anti-thesis of a dynamic internet; it involved setting up a 50 member committee that only met for two weeks in the year. Those opposed to this bureaucratic suggestion, instead, favour a multi-stakeholder transnational governance mechanism, which gives all stakeholders of the internet a place on the table; including governments, businesses and civil society members.
The last few months of 2013 were very active internationally, on questions of internet governance. Three big international events made headlines, and India’s role in them is especially telling. The first was the Internet Governance Forum (IGF) in Indonesia in November. This event brought together all members of civil society on a common platform to deliberate on the rules of global governance, but in effect did not have any binding powers. Given that it was held in the wake of the Snowden revelations of NSA surveillance, the conversations centered around the need to ensure better protection of all citizens in the online environment and to reach a proper balance between actions driven by national security and respect for freedom of expression, privacy and human rights. While in the 2012 IGF, India’s Minister for Communication Technology had been present, in 2013, was “extremely small” according to Dr Anja Kovaks who participated there. She added that, “many developing countries look up to India’s engagement with internet-governance forums to ensure that the concerns of the developing world are not ignored during policy-making.”
In December, 2013, the UN Commission of Science and Technology Working Group on Enhanced Cooperation released a statement which also carried India’s proposal that, “The UN General Assembly could embark on creation of a multilateral body for formulation of international Internet-related public policies. The proposed body should include all stakeholders and relevant inter-governmental and international organisations in advisory capacity within their respective roles as identified in Tunis agenda and WGIG report. Such body should also develop globally applicable principles on public policy issues associated with the coordination and management of critical Internet resources.” Earlier this year, a note written by India’s National Security Council Secretariat (NSCS), leaked to an Indian newspaper in March 2014, warns of the DNS system under US control, and goes on to say that “India’s position is aligned with Russia, Saudi Arabia and Iran who also want governments to collectively drive internet management worldwide…” It adds that, “trust in the internet has declined and India’s objective in the Geneva session was to ensure its concerns are accommodated in whatever international regime of Internet governance finally emerges.”
However, in the backdrop of continuing internet governance discussions, came the announcement by Brazilian President Dilma Rousseff that in the light of revelations of global mass surveillance by the US, Brazil was going to host an internet governance conference — NETmundial — in April 2014. This announcement was made after consulting the head of ICANN, Fadi Chehde. In contrast, the Indian reaction to these revelations seemed rather muted, perhaps because India too is building a mass surveillance regime within its national borders. It is also believed that Brazil asked India take a bigger role with them, however, Indian foreign ministry officials have stated off-the-record that details about the conference were not easy to come by from Brazil. Either way, the conference dates coincide with Indian general elections of 2014 and the formation of a new national government, and will most likely see a small Indian delegation.
A month before the Brazil conference comes the announcement by the United States government that the U.S. National Telecommunications and Information Administration will end its formal relationship with the Internet Corporation for Assigned Names and Numbers in late 2015, with ICANN developing a new global governance model. It has been made clear by the ICANN President and CEO Fadi Chehadé that the transition out of NTIA was “not a final decision to surrender control of the internet” or about announcing a new law or policy. “The [U.S.] government also set clear boundaries for that discussion, including a very clear statement that it will not release control of these functions to any government-led or inter-governmental organization solution.” Former CEO of ICANN Rod Beckstorm gave an interview in which he speculated that the US government made the announcement now “because they face the serious risk of losing even more at the upcoming NETmundial conference on internet governance in Brazil. This event could potentially lead to greater United Nations control over the internet and open the door to increased influence by countries opposed to a free and open internet.”
This, of course, is a hint that the US government would rather restructure ICANN and keep the multistakeholder approach towards internet governance open, rather than let some governments steer the course towards a government led body governing the internet.
In a reaction to the announcement, Member of Parliament and vocal critic of the Indian government’s position, Rajeev Chandrasekhar told Index that “India needs to think ahead, because its position on the governance of the internet and its inexplicable alliance with China, Saudi Arabia on this issue has been based on the so called US control of the net. First, the Ministry of External Affairs’s entrenched position of a UN body needs to be withdrawn forthwith. I have substantiated its problems at multiple levels. India has lost its leadership status to Brazil in the internet governance space, thanks to government’s position, and reflects complete failure of thought by Indian leadership.” Looking towards the future, Chandrasekhar added that, “the new government needs to hold national, open public consultation on the issue. Parliament needs to be involved. Governments want to regulate; industry invests, builds infrastructure and drives innovation; and civil society/academia protects civil ideals and users’ interest, including privacy, free speech and human rights. A free, open, safe, secure and truly global internet can only be managed through a multi-stakeholder mechanism with specific areas of intergovernmental cooperation, such as cyber terrorism, international jurisdiction.”
Other civil society voices, too, have called for the Indian government to rise to this new challenge. Security expert, Dr. Raja Mohan wrote in the Indian Express that, “Delhi has a long record of posturing at multilateral forums and shooting itself in the foot when it comes to national interest. Believe it or not, in the 1970s, India opposed, at the UN, the direct broadcast satellite technology in the name of protecting its territorial sovereignty. With an IT sector that is deeply integrated with the global economy and contributing nearly 8 per cent of India’s GDP as well as the world’s third-largest group of internet users, India does not have the luxury of quixotic pursuits. Delhi’s negotiating position must be rooted firmly in India’s economic interests. Issue-based coalitions — with countries, companies and civil society groups — are critical for ensuring the best possible outcomes.”
Given the Indian government’s taste for pushing unilateral mechanisms for governing the internet at an international level, and Indian civil society, which for the most part seems to vocally support a multistakeholder approach, the Indian elections might bring about a new opportunity for both sides to find clarity. Some argue that multistakeholder models give an equal seat to governments like the US, but also to their corporate giants such as Google, Facebook, AT&T, which might help them secure a majority over crucial issues and therefore an international unilateral model might be beneficial for smaller countries. Alternatively, a government-led model, as India suggests, pre-supposes a consultative mechanism within countries so that the will of the people can be reflected. One thing is clear, with its technology boom, population, and growing dependence on the internet for economic prosperity, governance and free expression, the country can no longer afford to not assume a leadership role in this area, while at the same time sticking to its core democratic principles. It needs to rise to its leadership potential and reflect the will of its people.
This article was published on 24 March 2014 at indexoncensorship.org
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.