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An introduction to IG 6th edition
For easy reference: a list of frequently
used abbreviations and acronyms
Asia-Pacific Economic Co-operation
ccTLD
country code Top-Level Domain
CIDR
Classless Inter-Domain Routing
DMCA
Digital Millennium Copyright Act
DNS
Domain Name System
DRM
Digital Rights Management
GAC
Governmental Advisory Committee
gTLD
generic Top-Level Domain
HTML
HyperText Markup Language
IANA
Internet Assigned Numbers Authority
ICANN
Internet Corporation for Assigned
Names and Numbers
ICC
International Chamber of Commerce
aICT
Information and Communications
Technology
Internationalized Domain Name
IETF
Internet Engineering Task Force
IGF
Internet Governance Forum
IP
Internet Protocol
IPR
Intellectual Property Rights
ISOC
Internet Society
ISP
Internet Service Provider
ITU
International Telecommunication Union
IXP
Internet eXchange Point
MoU
Memorandum of Understanding
OECD
Organisation for Economic Co-operation
and Development
PKI
Public Key Infrastructure
S&T
Science and Technology
SGML
Standard Generalized Markup Language
sTLD
sponsored Top-Level Domain
TCP/IP
Transmission Control Protocol/
Internet Protocol
TLD
Top-Level Domain
TRIPS
Trade-Related Aspects of Intellectual
Property Rights
UDHR
Universal Declaration of Human Rights
Jovan Kurbalija
An Introduction to Internet Governance provides a comprehensive overview
of the main issues and actors in this field. The book is written in a clear and
accessible way, supplemented with numerous figures and illustrations. It
focuses on technical, legal, economic, development, and sociocultural aspects
of Internet governance, providing a brief introduction, a summary of major
questions and controversies, and a survey of different views and approaches
for each issue. The book offers a practical framework for analysis and
discussion of Internet governance.
Since 1997 more than 1500 diplomats, computer specialists, civil society
activists, and academics have attended training courses based on the text and
approach presented in this book. With every delivery of the course, materials
are updated and improved. This regular updating makes the book particularly
useful as a teaching resource for introductory studies in Internet governance.
AN INTRODUCTION TO
INTERNET
GOVERNANCE
Jovan Kurbalija
Jovan Kurbalija
IDN
AN INTRODUCTION TO INTERNET GOVERNANCE
AN INTRODUCTION TO INTERNET GOVERNANCE
APEC
UDRP
Uniform Domain-Name Dispute-Resolution
Policy
UNECOSOC United Nations Economic and Social Council
UNCITRAL United Nations Commission on
International Trade Law
United Nations Educational, Scientific
and Cultural Organization
VoIP
Voice-over Internet Protocol
W3C
World Wide Web Consortium
WGIG
Working Group on Internet Governance
WIPO
World Intellectual Property Organization
WSIS
World Summit on the Information Society
XML
eXtensible Markup Language
6th Edition
UNESCO
6th Edition
The history of this book is long, in Internet time. The
original text and the overall approach, including
the five-basket methodology, were developed
in 1997 for a training course on information
and communications technology (ICT) policy
for government officials from Commonwealth
countries. In 2004, Diplo published a print version
of its Internet governance materials, in a booklet
entitled Internet Governance – Issues, Actors and
Divides. This booklet formed part of the Information
Society Library, a Diplo initiative driven by Stefano
Baldi, Eduardo Gelbstein, and Jovan Kurbalija.
Special thanks are due to Eduardo Gelbstein, who
made substantive contributions to the sections
dealing with cybersecurity, spam, and privacy, and
to Vladimir Radunovic, Ginger Paque, and Stephanie
Borg-Psaila who updated the course materials.
Comments and suggestions from other colleagues
are acknowledged in the text. Stefano Baldi, Eduardo
Gelbstein, and Vladimir Radunovic all contributed
significantly to developing the concepts behind
the illustrations in the book. In 2008, a special,
revised version of the book, entitled simply An
Introduction to Internet Governance, was published
in cooperation with NIXI India on the occasion of
the Internet Governance Forum (IGF) 2008 held in
Hyderabad, India. In 2009, a revised third edition
was published in the cooperation with the Ministry
of Communication and Information Technology of
Egypt Internet Governance. The fourth edition (2010)
was produced in partnership with the Secretariat
of the Africa-Caribbean-Pacific Group of Countries
and the European Union. The fifth edition (2012)
was published in cooperation with the Azerbaijan
Diplomatic Academy (ADA).
The history of this book is long, in Internet time. The
original text and the overall approach, including
the five-basket methodology, were developed
in 1997 for a training course on information
and communications technology (ICT) policy
for government officials from Commonwealth
countries. In 2004, Diplo published a print version
of its Internet governance materials, in a booklet
entitled Internet Governance – Issues, Actors and
Divides. This booklet formed part of the Information
Society Library, a Diplo initiative driven by Stefano
Baldi, Eduardo Gelbstein, and Jovan Kurbalija.
Special thanks are due to Eduardo Gelbstein, who
made substantive contributions to the sections
dealing with cybersecurity, spam, and privacy, and
to Vladimir Radunovic, Ginger Paque, and Stephanie
Borg-Psaila who updated the course materials.
Comments and suggestions from other colleagues
are acknowledged in the text. Stefano Baldi, Eduardo
Gelbstein, and Vladimir Radunovic all contributed
significantly to developing the concepts behind
the illustrations in the book. In 2008, a special,
revised version of the book, entitled simply An
Introduction to Internet Governance, was published
in cooperation with NIXI India on the occasion of
the Internet Governance Forum (IGF) 2008 held in
Hyderabad, India. In 2009, a revised third edition
was published in the cooperation with the Ministry
of Communication and Information Technology of
Egypt Internet Governance. The fourth edition (2010)
was produced in partnership with the Secretariat
of the Africa-Caribbean-Pacific Group of Countries
and the European Union. The fifth edition (2012)
was published in cooperation with the Azerbaijan
Diplomatic Academy (ADA).
For easy reference: a list of frequently
used abbreviations and acronyms
APEC
Asia-Pacific Economic Co-operation
ccTLD
country code Top-Level Domain
CIDR
Classless Inter-Domain Routing
DMCA
Digital Millennium Copyright Act
DNS
Domain Name System
DRM
Digital Rights Management
GAC
Governmental Advisory Committee
gTLD
generic Top-Level Domain
HTML
HyperText Markup Language
IANA
Internet Assigned Numbers Authority
ICANN
Internet Corporation for Assigned
Names and Numbers
ICC
International Chamber of Commerce
aICT
Information and Communications
Technology
IDN
Internationalized Domain Name
IETF
Internet Engineering Task Force
IGF
Internet Governance Forum
IP
Internet Protocol
IPR
Intellectual Property Rights
ISOC
Internet Society
ISP
Internet Service Provider
ITU
International Telecommunication Union
IXP
Internet eXchange Point
MoU
Memorandum of Understanding
OECD
Organisation for Economic Co-operation
and Development
PKI
Public Key Infrastructure
S&T
Science and Technology
SGML
Standard Generalized Markup Language
sTLD
sponsored Top-Level Domain
TCP/IP
Transmission Control Protocol/
Internet Protocol
TLD
Top-Level Domain
TRIPS
Trade-Related Aspects of Intellectual
Property Rights
UDHR
Universal Declaration of Human Rights
UDRP
Uniform Domain-Name Dispute-Resolution
Policy
UNECOSOC United Nations Economic and Social Council
UNCITRAL United Nations Commission on
International Trade Law
UNESCO
United Nations Educational, Scientific
and Cultural Organization
VoIP
Voice-over Internet Protocol
W3C
World Wide Web Consortium
WGIG
Working Group on Internet Governance
WIPO
World Intellectual Property Organization
WSIS
World Summit on the Information Society
XML
eXtensible Markup Language
AN INTRODUCTION TO
INTERNET
GOVERNANCE
Jovan Kurbalija
6th Edition
Published by DiploFoundation (2014)
Malta:
Anutruf, Ground Floor,
Hriereb Street,
Msida, MSD 1675, Malta
Switzerland:DiploFoundation
7bis, Avenue de la Paix
CH-1211 Geneva, Switzerland
E-mail:diplo@diplomacy.edu
Website:http://www.diplomacy.edu
Cover: the Argument by Design – www.tabd.co.uk
Editing: Mary Murphy
Illustrations: Zoran Marcetic – Marča & Vladimir Veljašević
Layout & Prepress: the Argument by Design
Printing: Aleksandar Nedeljkov
Except where otherwise noted, this work is licensed under
http://creativecommons.org/licences/by-nc-nd/3.0/
The translation and publication of this book in other languages is encouraged. For more
information, please contact diplo@diplomacy.edu
Any reference to a particular product in this book serves merely as an example and should not be
considered an endorsement or recommendation of the product itself.
ISBN: 978-99932-53-28-0
Contents
Foreword..................................................................................................................................................... 1
Section 1: Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
What does Internet governance mean?....................................................................................................... 5
The evolution of Internet governance.......................................................................................................... 7
The Internet Governance Cognitive Toolkit.............................................................................................. 15
Approaches and patterns........................................................................................................................... 17
Analogies................................................................................................................................................... 23
Classification of Internet governance issues.............................................................................................. 28
Endnotes................................................................................................................................................... 31
Section 2: The infrastructure and standardisation basket . . . . . . . . 33
The telecommunication infrastructure....................................................................................................... 36
Transmission Control Protocol/Internet Protocol (TCP/IP).................................................................... 38
The Domain Name System (DNS)........................................................................................................... 42
Root servers............................................................................................................................................... 46
Internet access: Internet service providers (ISPs)...................................................................................... 48
Internet access: Internet bandwidth providers (IBPs)................................................................................ 50
Network neutrality.................................................................................................................................... 51
Web standards........................................................................................................................................... 60
Cloud computing...................................................................................................................................... 61
Convergence: Internet telecommunication multimedia............................................................................. 64
Cybersecurity............................................................................................................................................. 66
Encryption................................................................................................................................................ 72
Spam......................................................................................................................................................... 74
Endnotes................................................................................................................................................... 77
Section 3: The legal basket . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Legal instruments...................................................................................................................................... 87
Jurisdiction................................................................................................................................................ 92
Intellectual property rights (IPR).............................................................................................................. 96
Trademarks.............................................................................................................................................. 101
Patents..................................................................................................................................................... 102
Cybercrime.............................................................................................................................................. 102
Labour law............................................................................................................................................... 104
Privacy and data protection..................................................................................................................... 105
The international regulation of privacy and data protection.................................................................... 108
Endnotes................................................................................................................................................. 111
Section 4: The economic basket . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
E-commerce............................................................................................................................................ 120
Internet CONTENT economy............................................................................................................... 124
Internet ACCESS economy.................................................................................................................... 125
E-banking, e-money, and virtual currencies............................................................................................. 127
Consumer protection............................................................................................................................... 130
Taxation................................................................................................................................................... 132
Digital signatures..................................................................................................................................... 133
Endnotes................................................................................................................................................. 136
Section 5: The development basket . . . . . . . . . . . . . . . . . . . . . . . . . 141
The digital divide..................................................................................................................................... 144
Developing telecommunications and Internet infrastructures................................................................. 146
Financial support..................................................................................................................................... 148
Sociocultural aspects................................................................................................................................ 149
Policy and institutional aspects................................................................................................................ 150
Endnotes................................................................................................................................................. 152
Section 6: The sociocultural basket . . . . . . . . . . . . . . . . . . . . . . . . . 155
Human rights.......................................................................................................................................... 157
Rights of people with disabilities............................................................................................................. 159
Content policy......................................................................................................................................... 160
Education................................................................................................................................................ 164
Child safety online.................................................................................................................................. 166
Multilingualism and cultural diversity..................................................................................................... 168
Global public goods................................................................................................................................. 169
Endnotes................................................................................................................................................. 172
Section 7: Internet governance actors . . . . . . . . . . . . . . . . . . . . . . . 177
Governments........................................................................................................................................... 179
The business sector.................................................................................................................................. 185
Civil society............................................................................................................................................. 187
International organisations...................................................................................................................... 188
The technical community........................................................................................................................ 189
The Internet Corporation for Assigned Names and Numbers (ICANN)............................................... 191
Endnotes................................................................................................................................................. 195
Section 8: Annex . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
A journey through Internet governance.................................................................................................. 199
The Internet governance cube.................................................................................................................. 200
About Diplo............................................................................................................................................ 201
Geneva Internet Platform....................................................................................................................... 202
About the author..................................................................................................................................... 203
Foreword
In 2004, when I told my friends what I was doing as a member of WGIG
– the Working Group on Internet Governance – they often called on me to
fix their printers or install new software. As far as they were concerned, I was
doing something related to computers. I remember taking a quick poll of my
fellow WGIG members asking them how they explained to their friends,
partners, and children what they were doing. Like me, they too were having
difficulty. This is one of the reasons I started designing and preparing Diplo’s
first text and drawings related to Internet governance.
Today, just ten years later, the same people who asked me to install their
printers are coming back to me with questions about how to keep ownership
of their data on Facebook or how to ensure their children can navigate the
Internet safely. Increasingly, they are concerned about a possible cyberwar and
the online risks for water supply, power plants, and other critical infrastructure
in their cities and countries. How far we all have come!
Internet governance is moving increasingly into the public eye. The more
modern society depends on the Internet, the more relevant Internet
governance will be. Far from being the remit of some select few, Internet
governance concerns all of us to a lesser or greater extent, whether we are
one of the 2.9 billion using the Internet or a non-user who depends on the
facilities it services.
Internet governance is obviously more relevant for those who are deeply
integrated in the e-world, whether through e-business or networking on
Facebook. Yet it has a broad reach. Government officials, military personnel,
lawyers, diplomats, and others who are involved in either providing public
goods or preserving public stability are also concerned. Internet governance,
and in particular the protection of privacy and other human rights, is a focal
point for civil society activists and non-governmental organisations. For
academia and innovators worldwide, Internet governance must ensure that the
Internet remains open for development and innovation. Creative inventors of
1
Internet Governance
tomorrow’s Google, Skype, Facebook, and Twitter are out there, somewhere,
browsing the Net. Their creativity and innovativeness should not be stifled;
rather they should be encouraged to develop new, more creative ways to use
the Internet.
It is my hope that this book provides a clear and accessible introduction to
Internet governance. For some of you, it will be your first encounter with the
subject. For others, it may serve as a reminder that what you are already doing
in your area of specialisation – be it e-health, e-commerce, e-governance,
e-whatever – is part of the broader family of Internet governance issues.
The underlying objective of such a diverse approach is to modestly contribute
towards preserving the Internet as an integrated and enabling medium for
billions of people worldwide. At the very least, I hope it whets your appetite
and encourages you to delve deeper into this remarkable and fluent subject.
Stay current. Follow developments on http://www.diplomacy.edu/capacity/IG
Jovan Kurbalija
Director of DiploFoundation
Head of the Geneva Internet Platform
September 2014
2
Chapitre 1
Introduction
Although Internet governance deals with the core of the digital world,
governance cannot be handled with a digital-binary logic of true/false
and good/bad. Instead, Internet governance demands many subtleties
and shades of meaning and perception; it thus requires an analogue
approach, covering a continuum of options and compromises.
Therefore, this book does not attempt to provide definite statements
on Internet governance issues. Rather, its aim is to propose a
practical framework for analysis, discussion, and resolution of
significant issues in the field.
Internet Governance
4
Introduction
Introduction
T
he controversy surrounding Internet governance starts with its
definition. It’s not merely linguistic pedantry. The way the Internet is
defined reflects different perspectives, approaches, and policy interests.
Typically, telecommunication specialists see Internet governance through the
prism of the development of a technical infrastructure. Computer specialists
focus on the development of different standards and applications, such as
XML (eXtensible Markup Language) or Java. Communication specialists
stress the facilitation of communication. Human rights activists view Internet
governance from the perspective of freedom of expression, privacy, and
other basic human rights. Lawyers concentrate on jurisdiction and dispute
resolution. Politicians worldwide usually focus on issues that resonate
with their electorates, such as techno-optimism (more computers = more
education) and threats (Internet security, child protection). Diplomats are
mainly concerned with the process and protection of national interests. The
list of potentially conflicting professional perspectives of Internet governance
goes on.
What does Internet governance mean?
The World Summit on the Information Society (WSIS)1 came up with the
following working definition of Internet governance:
Internet governance is the development and application by Governments,
the private sector, and civil society, in their respective roles, of shared
principles, norms, rules, decision-making procedures, and programmes that
shape the evolution and use of the Internet.2
This rather broad working definition does not resolve the question of different
interpretations of two key terms: ‘Internet’ and ‘governance’.
5
Internet Governance
‘I’nternet or ‘i’nternet and diplomatic signalling
Back in 2003, The Economist magazine started writing Internet with a lowercase ‘i’.
This change in editorial policy was inspired by the fact that the Internet had become
an everyday item, no longer unique and special enough to warrant an initial capital.
The word ‘Internet’ followed the linguistic destiny of (t)elegraph, (t)elephone, (r)adio,
and (t)elevison, and other such inventions.
The question of writing Internet/internet with an upper or lowercase ‘i’ re-emerged
at the International Telecommunication Union (ITU) Conference in Antalya (November
2006) where a political dimension was introduced when the term ‘Internet’ appeared
in the ITU resolution on Internet governance with a lowercase ‘i’ instead of the usual,
uppercase ‘I’. David Gross, the US ambassador in charge of Internet governance,
expressed concern that the ITU lowercase spelling might signal an intention to treat
the Internet like other telecommunication systems internationally governed by the
ITU. Some interpreted this as a diplomatic signal of the ITU’s intention to play a more
prominent role in Internet governance.3
Internet
The term ‘Internet’ does not cover all of the existing aspects of global digital
developments. Two other terms – information society and information
and communication technology (ICT) – are usually put forward as more
comprehensive. They include areas that are outside the Internet domain, such
as mobile telephony. The argument for the use of the term ‘Internet’, however,
is enhanced by the rapid transition of global communication towards the use
of Internet protocol (IP) as the main communications technical standard.
The already ubiquitous Internet continues to expand at a rapid rate, not only
in terms of the number of users but also in terms of the services that it offers,
notably voice-over Internet protocol (VoIP), which may displace conventional
telephony.
Governance
In the Internet governance debate, especially in the early phase of
WSIS 2003, controversy arose over the term ‘governance’ and its various
interpretations. According to one interpretation, governance is synonymous
with government. Many national delegations had this initial understanding,
leading to the interpretation that Internet governance should be the business
of governments and consequently addressed at intergovernmental level
with the limited participation of other, mainly non-state actors.4 This
interpretation clashed with a broader meaning of the term ‘governance’,
which includes the governance of affairs of any institution, including nongovernmental ones.
6
Introduction
This was the meaning accepted by Internet communities, since it describes the
way in which the Internet has been governed since its early days.
The terminological confusion was further complicated by the translation
of the term ‘governance’ into other languages. In Spanish, the term refers
primarily to public activities or government (gestión pública, gestión del
sector público, and función de gobierno). The reference to public activities or
government also appears in French (gestion des affaires publiques, efficacité
de l’administration, qualité de l’administration, and mode de gouvernement).
Portuguese follows a similar pattern when referring to the public sector and
government (gestão pública and administração pública).
The evolution of Internet governance
Early Internet governance (1970s–1994)
The Internet started as a government project. In the late 1960s, the US
government sponsored the development of the Defense Advanced Research
Project Agency Network (DARPA Net), a resilient communication resource.
By the mid-1970s, with the invention of TCP/IP (Transmission Control
Protocol/Internet Protocol), this network evolved into what is known today as
the Internet. One of the key principles of the Internet is its distributed nature:
data packets can take different paths through the network, avoiding traditional
barriers and control mechanisms. This technological principle was matched by
a similar approach to regulating the Internet in its early stages: the Internet
Engineering Task Force (IETF), established in 1986, managed the further
development of the Internet through a cooperative, consensus-based, decisionmaking process, involving a wide variety of individuals. There was no central
government, no central planning, and no grand design.
This led many people to think that the Internet was somehow unique and that
it could offer an alternative to the politics of the modern world. In his famous
Declaration of the Independence of Cyberspace, John Perry Barlow said:
[the Internet] is inherently extra-national, inherently anti-sovereign and
your [states’] sovereignty cannot apply to us. We’ve got to figure things out
ourselves.5
The DNS war (1994–1998)
This decentralised approach to Internet governance soon began to change as
governments and the business sector realised the importance of the global
network. In 1994, the US National Science Foundation, which managed the
7
Internet Governance
key infrastructure of the Internet, decided to subcontract the management
of the domain name system (DNS) to a private US company called Network
Solutions Inc. (NSI). This was not well received by the Internet community
and led to the so-called DNS war.
This war brought new players into the picture: international organisations and
nation states. It ended in 1998 with the establishment of a new organisation,
the Internet Corporation for Assigned Names and Numbers (ICANN), which
has become the focus of most Internet governance debates today.
The Word Summit on the Information Society (2003–2005)
WSIS, held in Geneva (2003) and Tunis (2005), officially placed the question
of Internet governance on diplomatic agendas. The focus of the Geneva phase
of the summit, preceded by a number of Preparatory Committees (PrepComs)
and regional meetings, was rather broad, with a range of issues related to
information and communication put forward by participants. In fact, during
the first preparatory and regional meetings, the term ‘Internet’, let alone
‘Internet governance’ was not used.6 Internet governance was introduced to
the WSIS process during the West Asia regional meeting in February 2003,
after the Geneva summit became the key issue of the WSIS negotiations.
After prolonged negotiations and last-minute arrangements, the first WSIS
summit in Geneva (December 2003) agreed to establish the Working Group
on Internet Governance (WGIG). WGIG prepared a report which was
used as the basis for negotiations at the second WSIS summit held in Tunis
(November 2005). The WSIS Tunis Agenda for the Information Society
elaborated on the question of Internet governance, including adopting a
definition, listing Internet governance issues, and establishing the Internet
Governance Forum (IGF), a multistakeholder body convoked by the UN
Secretary General.
Developments in 2006
After the Tunis summit, three main developments and events marked the
Internet governance debate in 2006. First was the expiration of the existing
Memorandum of Understanding (MoU) and the establishment of a new one
between ICANN and the US Department of Commerce. Some had hoped
that this event would change the relationship between ICANN and the US
government and that the former would become a new type of international
organisation. However, while the new MoU thinned the umbilical cord
between ICANN and the US government, it maintained the possibility of the
eventual internationalisation of ICANN’s status.
8
Introduction
The second event of 2006 was the Internet Governance Forum (IGF)
in Athens. It was the first such forum and, in many respects, it was an
experiment in multilateral diplomacy.
The IGF was truly a multistakeholder event with participation of states,
business, and civil society. It also had an interesting organisational structure
for its main events and workshops. Journalists moderated the discussions and
the IGF therefore differed from the usual UN-style meeting format. However,
some critics claimed that the IGF was only a ‘talk show’ without any tangible
results in the form of a final document or plan of action.
The third main development in 2006 was the ITU Plenipotentiary
Conference held in Antalya, Turkey, in November. A new ITU SecretaryGeneral, Dr Hamadoun Touré, was elected. He announced a stronger focus on
cybersecurity and development assistance. It was also expected that he would
introduce new modalities to the ITU’s approach to Internet governance.
Developments in 2007
In 2007, the ICANN discussion focused on .xxx domains (for adult materials),
re-opening debates on numerous governance points, including whether
ICANN should deal only with technical problems or also with issues having
public policy relevance.7 Interventions by the USA and other governments
pertaining to .xxx domains further raised the question of how national
governments should become involved in ICANN deliberations. At the second
IGF, held in November in Rio de Janeiro, the main development was adding
critical Internet resources (names and numbers) to the IGF agenda.
Developments in 2008
The major development of 2008, which continued to influence Internet
governance as well as other policy spheres, was the election of Barack Obama
as US President. During his presidential election campaign, President Obama
used the Internet and Web 2.0 tools intensively. Some even argue that this
was one of the reasons for his success. His advisors include many people
from the Internet industry, including the CEO of Google. In addition to
his techno-awareness, President Obama supports multilateralism which is
likely to influence discussions on the internationalisation of ICANN and the
development of the Internet governance regime.
In 2008, network neutrality8 emerged as one of the most important Internet
governance issues. It was mainly discussed in the USA between two main
opposing blocks. It even featured in the US presidential campaign, supported
9
Internet Governance
by President Obama. Network neutrality is mainly supported by the so‑called
Internet industry including companies such as Google, Yahoo!, and Facebook.
A change in the architecture of the Internet
triggered by a breach in network neutrality might
See Section 2 for further
endanger their business. On the other side sit
discussion on network
telecommunication companies, such as Verizon
neutrality
and AT&T, Internet service providers (ISPs),
and the multimedia industry. For different
reasons, these industries would like to see some sort of differentiation in
packets travelling on the Internet.
Another major development was the fast growth of Facebook and social
networking. When it comes to Internet governance, the increased use of
Web 2.0 tools opened up the issue of privacy and data protection on Facebook
and similar services.
Developments in 2009
The first part of 2009 saw the Washington Belt trying to figure out the
implications and future directions of President Obama’s Internet-related
policy. His appointments to key Internet-related positions did not bring any
major surprises. They followed his support for an open Internet. His team
also pushed for the implementation of the principle of network neutrality in
accordance with promises made during his election campaign.
The highlight of 2009 was the conclusion of the Affirmation of Commitments
between ICANN and the US Department of Commerce, which was to make
ICANN a more independent organisation. While this move solved one
problem in Internet governance – the US supervisory role of ICANN – it
opened many new issues, such as the international position of ICANN, and
the supervision of ICANN’s activities. The Affirmation of Commitments
provided guidelines, but left many issues to be addressed in the
forthcoming years.
In November 2009, the fourth IGF was held in Sharm el Sheikh, Egypt. The
main theme was the IGF’s future in view of the 2010 review of its mandate.
In their submissions, stakeholders took a wide range of views on the future
of the IGF. While most of them supported its continuation, there were
major differences of opinion as to how the future IGF should be organised.
China and many developing countries argued for the stronger anchoring of
the IGF in the UN system, which would imply a more prominent role for
governments. The USA, most developing countries, the business sector, and
civil society argued for the preservation of the current IGF model.
10
Introduction
Developments in 2010
The main development in 2010 was the impact of fast-growing social media
on the Internet governance debate, including the protection of privacy of users
of social media platforms such as Facebook. In 2010, the main development
in Internet geo-politics was US Secretary of State Hillary Clinton’s speech
on freedom of expression on the Internet, in particular in relation to China.9
Google and Chinese authorities conflicted over the restricted access to
Google-search in China. The conflict led to the closing of Google’s search
operations in China.
There were two important developments in the ICANN world. First was the
introduction of non-ASCII domain names for Arabic and Chinese. By solving
the problem of domain names in other languages, ICANN reduced the risk of
the disintegration of the Internet DNS. Second was ICANN’s approval of the
.xxx domain (adult materials). With this decision ICANN formally crossed
the Rubicon by officially adopting a decision of high relevance for public
policy on the Internet. Previously, ICANN had tried to stay, at least formally,
within the realm of making only technical decisions.
The IGF review process started in 2010 with the UN Commission on Science
and Development adopting the resolution on the continuation of the Forum,
which suggested continuation for the next five years, with only minor changes
in its organisation and structure. In July 2010, the UN Economic and Social
Council (ECOSOC) endorsed this resolution. The UN General Assembly
decided in the autumn of 2010 to continue the IGF for the next five years
(2011‒2015).
Developments in 2011
In 2011, the main general development was the rise of Internet governance
higher on the global politics agenda. The relevance of Internet governance
moved closer to other diplomatic issues such as climate change, migration,
and food security. Another consequence of the growing political relevance of
the Internet is the gradual shift of national coverage of Internet governance
issues from technology (IT, telecoms) to political ministries (diplomacy, prime
ministerial cabinets). In addition, the main global media (e.g. The Economist,
IHT, Al Jazeera, the BBC) were now following Internet governance
developments more closely than ever before.
Internet governance was affected by the Arab Spring. Although there are very
different views on the impact of the Internet on the Arab Spring phenomenon
(ranging from minimal to key), one outcome is certain: social media is now
perceived as a decisive tool in modern political life. In various ways, the
11
Internet Governance
Internet – and its governance – popped up on political radars worldwide
this year.
On 27 January, Egyptian authorities cut access to the Internet in a vain hope
to stop political protests. This was the first example of a complete countrywide
Internet blackout ordered by the government. Previously, even in the case of
military conflicts (former Yugoslavia, Iraq), Internet communication had never
been completely severed.
Hillary Clinton’s initiative on freedom of expression on the Internet, initiated
by her speech in February 2010, was accelerated in 2011. There were two
major conferences on this subject: the Vienna Conference on Human Rights
and the Internet, and The Hague Conference on Internet and Freedom.
In 2011, ICANN continued its soul searching with the following main
developments:
P
P
P
Implementation of management reform.
Final policy preparations for the introduction of new generic top-level
domains (gTLDs).
The resignation of its CEO and the search for a replacement.
2011 was also marked by the avalanche of Internet governance principles
which were proposed by the Organisation for Economic Co-operation
and Development (OECD), the Council of Europe, the EU, Brazil, and
other players. The numerous convergences of these principles could be the
starting position of a future preamble of a global Internet declaration or
similar document that could serve as the framework for Internet governance
development.
Developments in 2012
Two major events marked the 2012 agenda with important consequences
for the years to come: the ICANN leadership change and the revision of the
ITU’s International Telecommunication Regulations (ITRs).
ICANN went through significant developments in 2012 with the
introduction of new generic Top Level Domains (gTLDs). Despite some
problems with the registration process (software glitches, controversies over
the policy process), over 1900 applications for new gTLDs were received and
evaluated. Moreover, the new CEO, Fadi Chehadé brought a fresh approach
to the steering of the ICANN multistakeholder policy processes. In his speech
to civil society at ICANN 45, he outlined some promising improvements,
12
Introduction
including development of responsible multistakeholderism, frank recognition
of problems, active listening, empathetic guidance, search for compromise, etc.
The World Conference on International Telecommunications (WCIT)
converged in Dubai in December 2012 to amend the ITRs for the first time
since 1988; it stirred debate on the impact of a new regulation on the future of
Internet. At the end of an exhausting two-week conference, the negotiations
ended in a stalemate: the participants failed to reach a consensus on the
amended text, leaving the debate open for upcoming meetings. The main
contentious point was a non-binding resolution on fostering the role of the
ITU in Internet governance, which polarised participating states into two
blocks: western countries favoured the current multistakeholder model while
supporters of the resolution, including states like China, Russia, and Arab
countries, leaned towards an intergovernmental model.
Other notable developments registered in the intellectual property rights area,
where Internet users mobilisation and protests managed to block national
(Stop Online Piracy Act (SOPA) in the USA) and international (AntiCounterfeiting Trade Agreement (ACTA)) regulations that would have
affected users’ legitimate rights through their implementation
Developments in 2013
The main development in global digital politics was the Snowden revelations
on the various surveillance programmes run by the US National Security
Agency (NSA) and other agencies. The Snowden revelations made the global
public interested in how the Internet is governed. The main focus was on the
question of data protection and rights of privacy.
The question of protection of privacy was addressed by many leaders during
the UN General Assembly. The UNGA resolution initiated a new policy
process on online privacy. The issue will be further discussed in 2014 at the
UN Human Rights Council.
In October 2013, Brazilian president Dilma Rousseff and ICANN’s president
Fadi Chehadi initiated the NETmundial process. Internet governance came
into focus at numerous academic conferences and research activities of thinktanks worldwide.
13
Internet Governance
Prefixes: e- / virtual / cyber / digital
The prefixes e- / virtual / cyber / digital / net are used to describe various ICT/Internet
developments. They are used interchangeably. Each prefix describes the Internet
phenomenon.
Yet, we tend to use e- for commerce, cyber for crime and security, digital for
development divides, and virtual for currencies, such as Bitcoin. Usage patterns have
started to emerge. While in our everyday language, the choice of prefixes e- / virtual
/ cyber / digital / net is casual, in Internet politics the use of prefixes has started to
attract more meaning and relevance.
Let’s have a quick look at the etymology of these terms and the way they are used in
Internet politics.
The etymology of ‘cyber’ goes back to the Ancient Greek meaning of ‘governing’.
Cyber came to our time via Norbert Weiner’s book Cybernetics, dealing with
information-driven governance. In 1984, William Gibson coined the word cyberspace
in the science-fiction novel Neuromancer. The growth in the use of the prefix ‘cyber’
followed the growth of the Internet. In the late 1990s almost anything related to the
Internet was ‘cyber’: cybercommunity, cyberlaw, cybersex, cybercrime, cyberculture,
cyber… If you named anything on the Internet and you had ‘cyber’. In the early
2000s, cyber gradually disappeared from wider use, only remaining alive in security
terminology.
Cyber was used to name the 2001 Council of Europe Cybercrime Convention. It is still
the only international treaty in the field of Internet security. Today there is the USA’s
Cyberspace Strategy, the ITU’s Global Cybersecurity Agenda; NATO’s Cyber defense
policy, Estonia’s Cyber Defence Center of Excellence ...).
Cyberpunk author and Wired columnist Bruce Sterling had this to say:
I think I know why the military calls it ‘cyber’ — it’s because the metaphor
of defending a ‘battlespace’ made of ‘cyberspace’ makes it easier for
certain contractors to get Pentagon grants. If you call ‘cyberspace’ by the
alternate paradigm of ‘networks, wires, tubes and cables’ then the NSA has
already owned that for fifty years and the armed services can’t get a word
in.10
‘E’ is the abbreviation for ‘electronic’. It got its first and most important use through
e-commerce, as a description of the early commercialisation of the Internet. In the
EU’s Lisbon Agenda (2000), e- was the most frequently used prefix. E- was also the
main prefix in the WSIS declarations (Geneva 2003; Tunis 2005). The WSIS followup implementation is centred on action lines including e-government,e-business,
e-learning, e-health, e-employment, e-agriculture, and e-science. Nonetheless, e- is
not as present as it used to be. Even the EU has abandoned e- recently, trying, most
likely, to distance itself from the failure of the its Lisbon Agenda.
Continued over >
14
Introduction
Prefixes: e- / virtual / cyber / digital … continued
Today, the EU has a Digital Agenda for Europe.11 Digital refers to ‘1’ and ‘0’ – two
digits which are the basis of whole Internet world. Ultimately, all software and
programmes start with them. In the past, digital was used mainly in development
circles to represent the digital divide. During the last few years, digital has started
conquering Internet linguistic space. It is likely to remain the main Internet prefix.
J-C Juncker, President-elect of the European Commission used the ‘digital’ prefix
10 times in his speech at the European Parliament, presenting his policy plan for the
next five years. In addition to the EU, Great Britain now has has digital diplomacy.
Virtual relates to the intangible nature of the Internet. Virtual introduces the ambiguity
of being both intangible and, potentially, non-existent. Virtual reality could be both an
intangible reality, (something that cannot be touched) and a reality that does not exist
(a false reality). Academics and Internet pioneers used virtual to highlight the novelty
of the Internet, and the emergence of ‘a brave new world’. Virtual, because of its
ambigious meaning, rarely appears in policy language and international documents.
Today, there is truce in the war for prefix dominance.
Each prefix carves its own domain, without a catch-all domination which, for
example, cyber had in the late 1990s. Today, cyber preserves its dominance in security
matters. E- is still the preferred prefix for business. Digital has evolved
from development issue use to wider use by the government sector. Virtual has
been virtually abandoned.
The Internet Governance Cognitive Toolkit
Profound truths are recognised by the fact that the opposite
is also a profound truth, in contrast to trivialities where
opposites are obviously absurd.
Niels Bohr, Atomic Physicist (1885–1962)
The Internet Governance Cognitive Toolkit is a set of tools for developing
and understanding policy argumentation. The core of the toolkit is a reference
framework which includes perceptions of cause-and-effect relationships,
modes of reasoning, values, terminology, and jargon. This reference framework
is highly relevant in political life. It shapes how particular issues are framed
and what actions are taken.
In many cases, the common reference framework is influenced by the specific
professional culture (the patterns of knowledge and behaviour shared by
members of the same profession). The existence of such a framework usually
15
Internet Governance
helps in facilitating better communication and understanding. It can also
be used to protect professional turf and prevent outside influence. To quote
American linguist, Jeffrey Mirel: ‘All professional language is turf language.’ 12
The Internet governance regime is complex as it involves many issues, actors,
mechanisms, procedures, and instruments. Figure 1, inspired by Dutch artist
MC Escher, demonstrates some of the paradoxical perspectives associated
with Internet governance.
The toolkit reflects the nature of Internet governance, as a so-called wicked
policy area, characterised by the difficulty encountered in assigning causation
for policy development to one specific reason. In many cases, every problem
is a symptom of another problem, sometimes creating vicious circles. Certain
cognitive approaches, such as linear, mono-causal, and either/or thinking, have
a very limited utility in the field of Internet governance. Internet governance is
too complex to be strapped inside a corset of coherence, non-contradiction, and
consistency. Flexibility, and being open and prepared for the unexpected, might
be the better part of Internet.13
Like the Internet governance process, the toolkit is also in flux. Approaches,
patterns, and analogies emerge and disappear depending on their current
relevance in the policy process. They support specific policy narratives in the
Internet governance debate.
Figure 1
16
Introduction
Approaches and patterns
A number of approaches and patterns have gradually emerged, representing
points where differences in negotiation positions as well as in professional
and national cultures can be identified. Identifying common approaches
and patterns may reduce the complexity of negotiations and help to create a
common reference framework.
Narrow vs broad approach
The narrow approach focuses on the Internet infrastructure (DNS, IP
numbers, and root servers) and on ICANN’s position as the key actor in this
field. According to the broad approach, Internet governance negotiations
should go beyond infrastructural issues and address other legal, economic,
developmental, and sociocultural issues. This latter approach is adopted in
the WGIG report and the WSIS concluding document. It is also used as the
underlying principle of IGF architecture.
Technical and policy coherence
A significant challenge facing the Internet governance process has been the
integration of technical and policy aspects, as it is difficult to draw a clear
distinction between the two. Technical solutions are not neutral. Ultimately,
each technical solution/option promotes certain interests, empowers certain
groups, and, to a certain extent, impacts social, political, and economic life.
In the case of the Internet, for a long time both the technical and the policy
aspects were governed by just one social group – the early Internet community.
With the growth of the Internet and the emergence of new Internet governance
actors – mainly the business sector and governments – it was difficult for the
Internet community to maintain an integrated coverage of technical and policy
issues under one roof. Subsequent reforms, including the creation of ICANN,
have tried to re-establish coherence between technical and policy aspects. This
issue remains open, and as expected, has shown to be one of the controversial
topics in the debate on the future of Internet governance.
‘Old-real’ vs ‘new-cyber’ approach
There are two approaches to almost every Internet governance issue (Figure
2). The ‘old-real’ approach argues that the Internet has not introduced
anything new to the field of governance. It is just another new device, from
the governance perspective, no different from its predecessors: the telegraph,
the telephone, and the radio.
17
Internet Governance
For example, in legal discussions,
this approach argues that
existing laws can be applied to
the Internet with only minor
adjustments. In the economic
field, this approach argues
that there is no difference
between regular commerce and
e-commerce. Consequently
there is no need for special legal
treatment of e-commerce.
Figure 2
The ‘new-cyber’ approach
argues that the Internet is
a fundamentally different
communication system from all previous ones. The main premise of the
cyber approach is that the Internet has managed to de-link our social and
political reality from the (geographically separated) world of sovereign states.
Cyberspace is different from real space and it requires a different form of
governance. In the legal field, the cyber school of thought argues that existing
laws on jurisdiction, cybercrime, and contracts cannot be applied to the
Internet and that new laws must be created. Increasingly, the old-real approach
is becoming more prominent in both regulatory work and
policy field.
Decentralised vs centralised structure of Internet governance
According to the decentralised view, the Internet governance structure
should reflect the very nature of the Internet: a network of networks. This
view underlines that the Internet is so complex it cannot be placed under a
single governance umbrella, such as an international organisation, and that
decentralised governance is one of the major factors allowing fast Internet
growth. This view is mainly supported by the Internet’s technical community
and developed countries.
The centralised approach, on the other hand, is partly based on the practical
difficulty of countries with limited human and financial resources to follow
Internet governance discussions in a highly decentralised and multiinstitutional setting. Such countries find it difficult to attend meetings in the
main diplomatic centres (Geneva, New York), let alone to follow the activities
of other institutions, such as ICANN, W3C (World Wide Web Consortium),
and IETF. These mainly developing countries argue for a one-stop shop,
preferably within the framework of an international organisation.
18
Introduction
Protection of public interests on the Internet
One of the main strengths of the Internet is its public nature, which has enabled
its rapid growth and also fosters creativity and inclusiveness. How to protect
the public nature of the Internet will remain one of the core issues of the
Internet governance debate. This problem is especially complicated given that
a substantial part of the core Internet infrastructure – from transcontinental
backbones to local area networks – is privately owned. Whether or not private
owners can be requested to manage this property in the public interest and
which parts of the Internet can be considered a global public good are some
of the difficult questions that need to be
See Section 2 for further
addressed. The question of the public nature of
discussion on network
the Internet has been re-opened through the
neutrality
debate on network neutrality.
Geography and the Internet
One of the early assumptions regarding the Internet was that it overcame
national borders and eroded the principle of sovereignty. With Internet
communication easily transcending national borders and user anonymity
embedded in the very design of the Internet, it seemed to many, to quote the
famous Declaration of Independence of Cyberspace,5 that governments had
‘no moral right to rule us [users]’ nor ‘any methods of enforcement we have
true reason to fear’. Technological developments of the recent past, however,
including more sophisticated geo-location software, increasingly challenge the
view of the end of geography in the Internet era.
Today, it is still difficult to identify exactly who is behind the screen but it
is fairly straightforward to identify their geographical location. The more
the Internet is anchored in geography, the less unique its governance is. For
example, with the possibility of geographically locating Internet users and
transactions, the complex question of jurisdiction on the Internet can be
solved through existing laws.
Policy uncertainty
Internet technology develops very quickly. New services are introduced almost
on daily basis. This creates additional difficulties in organising the Internet
governance debate. For example, in November 2005, when the current
Internet governance arrangement was negotiated at WSIS in Tunisia,14
Twitter did not exist. Today, Twitter has triggered some of the core Internet
governance issues, such as protection of privacy, freedom of expression, and
protection of intellectual property.
19
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