About fifteen years ago, prior to the advent of World Wide
Web, the Internet was primarily focused on academic and research use; it was
primarily North American-based, not for profit, and used mostly for email and
file transfer. The invention of the Web prompted significant growth throughout
OECD countries from the mid-1990s, and saw increasing privatization of its
backbone. Today, the Internet has spread to most countries of the world and is
no longer only a developed economy phenomenon.
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Internet demographics are changing rapidly. The Asia-Pacific
region now has the largest share of Internet and mobile users and leads in
advanced Internet technologies, such as broadband access and mobile data. The
Republic of Korea and Hong Kong, China, are the top two economies in the world
in terms of broadband Internet penetration. In mobile Internet technologies,
Japan and the Republic of Korea were the first two nations to launch third
generation mobile networks commercially. However, many developing countries (an
in particular, Africa) remain greatly under-represented in overall Internet
usage.
How is the Internet currently run?
The underpinnings of the Internet are formed by the global
interconnection of hundreds of thousands of otherwise independent computers,
communications entities and information systems. Interconnection is made
possible through a set of communication standards, procedures and formats that
are shared by the networks, devices and computational facilities connected to
them. The procedures by which computers communicate with each other are called
"protocols." While this infrastructure is steadily evolving to include new
capabilities, the protocol suite initially used by the Internet is called
TCP/IP.
In reality, however, the crux of the Internet governance
debate is about the narrower topic of resource management: the critical core
resources needed to use the Internet. In particular, the debate is focused on
the creation and management of Internet top level domains and allocation of
Internet protocol addresses, as well as who defines their associated rules.
In the management/governance of domain names, the main actors
are the United States Department of Commerce, the Internet Corporation for
Assigned Names and Numbers (ICANN), the Internet Assigned Numbers Authority (IANA
- a function currently contracted to ICANN by the US government); international
and regional country code top-level domain (ccTLD) organizations such as the
Council of European National Top-Level Domain Registries (CENTR), the Asia
Pacific Top-Level Domain Association (APTLD), the Latin American and Caribbean
Top-Level Domain Association (LACTLD), the North America Top-Level Domain
Organization (NATLD) and the African Top-Level Domain Association (AFTLD).
In the management and governance of Internet protocol
addresses, the main players are the so caleed "IANA function", along with
regional Internet registries including AfriNIC, APNIC, ARIN, LACNIC, and RIPE
NCC. The regional Internet registries (RIRs) have also formed the Number
Resource Organisation (NRO) to formalize their co-operative efforts and to
"protect the unallocated Number Resource pool, promote and protect the bottom-up
policy development process, and to act as a focal point for Internet community
input into the RIR system".
The International Telecommunication Union (ITU) has a mandate
from its Member States to undertake work related to the domain name system and
Internet protocol addresses.
The final authority for changes or modifications to the
root zone file, which is the top level of the domain name system, is
the US Department of Commerce.
Why are some countries protesting?
In the final preparation of the first phase of the World
Summit on the Information Society held in Geneva in December 2003, the topic of
Internet governance was debated extensively by governments and other interested
parties. Although there were agreements on some basic principles, there remained
divergent opinions and conflicting views in this area.
Part of the problem is that there are a wide variety of
topics which could be considered to fall under the general rubric of Internet
governance. Some think the issue should be looked at from a broad perspective,
to include topics such as management of Internet resources, Internet
interconnection arrangements and exchange points, spam, cybersecurity, universal
access/service, intellectual property rights, privacy, and so on.
Others think that a narrower definition should be taken with
regard to management and governance of Internet resources, particularly domain
names and addresses. For the present, most of the debate is highly focused on
the latter, which has been a subject of contentious discussion in technology
circles for nigh on ten years.
The recognition that these issues needed to be further
explored gave birth to the creation of a multi-stakeholder-based Working Group
on Internet Governance (WGIG) , convened by the UN Secretary-General
and mandated to report it findings to the second phase of the World Summit. The
WGIG was established in November 2004.
Comprised of a group of independent experts from more than 30
countries, the WGIG issued its report in July 2005. Among other issues, this
report endeavoured to develop an acceptable working definition of "Internet
governance". It also helped identify a number of relevant public policy issues
and enhanced understanding of the respective roles and responsibilities of
governments, intergovernmental and international organizations and other forums,
the private sector, and civil society, from both developing and developed
countries.
The WGIG’s working definition of 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.
With regard to global public policy and oversight, the WGIG
recognized that any organizational form for the governance function/oversight
function should adhere to the following principles:
"No single Government should have a pre-eminent role in
relation to international Internet governance.
The organizational form for the governance function will
be multilateral, transparent and democratic, with the full involvement of
Governments, the private sector, civil society and international
organizations.
The organizational form for the governance function will
involve all stakeholders and relevant intergovernmental and international
organizations within their respective roles."
The WGIG agreed that the continued internationalization of
the Internet and the principle of universality reinforced the need for a review
of existing governance mechanisms. In this regard, the review considered
different organizational models for this purpose, including four possible models
for consideration.
These options included different scenarios for further
internationalization of Internet oversight, with stronger government
involvement, particularly with regard to public policy issues, as many countries
wish, or for doing so within the context of existing structures, as the United
States and some other governments favour.
None of these options suggested that the United Nations
should take over the role of technical bodies involved in Internet resource
management, nor do they advocated the creation of a new UN agency; indeed, some
do not mention any UN role at all.
The WGIG also recommended the creation of a new space or
"forum" for dialogue where all stakeholders could meet on an equal footing to
debate Internet governance-related issues. This forum was not foreseen to have
decision-making powers.
If it ain’t broke, don’t fix it: why do some see problems
with the status quo?
The WSIS process has acknowledged that the Internet, a
central element of the infrastructure of the Information Society, has evolved
from a research and academic facility into a global facility available to the
public. The Internet is now an important global means of communications and
commerce, which is of critical importance to peoples and governments of all
countries, as well as increasingly vital to their national security.
At the first phase of WSIS held in December 2003, all
governments agreed that: "Policy authority for Internet-related public policy
issues is the sovereign right of States. They have rights and responsibilities
for international Internet-related public policy issues".
A number of countries believe that the present governance
arrangements for "oversight" of Internet core resources reflect the Internet’s
origin in research and academic networks, and are not well adapted to today’s
environment.
Some believe there should be a single venue to discuss issues
related to Internet governance, while others are of the opinion that such an
approach would not be possible, given the broad range of topics.
Developing countries have already noted that it is hard for
them, with limited resources, to keep track of all these processes, and that
they do not feel that they are adequately represented in Internet governance
structures.
Many countries also have concerns that just one government –
the United States – has a special and contractual relationship with ICANN. When
ICANN was established with the assistance of the US Department of Commerce and
other actors in 1998, the US government said that its oversight role would end
in September 2000. Some argue that the US government’s special and contractual
relationship with ICANN brings with it influence over ICANN decision-making.
More recently, in June 2005, the US government announced a
new set of principles affirming that, for the time being at least, it would
"maintain its historic role in authorizing changes or modifications to the
authoritative root zone file" and that "The United States will continue to
provide oversight so that ICANN maintains its focus and meets its core technical
mission."
In the same document, the United States "recognizes that
governments have legitimate public policy and sovereignty concerns with respect
to the management of their ccTLD. As such, the United States is committed to
working with the international community to address these concerns, bearing in
mind the fundamental need to ensure stability and security of the Internet’s
DNS."
The case for maintaining the status quo
The arguments for maintaining the status quo focus on the
fact that the current bodies involved in Internet resource administration have
done a good job in dealing with the rapid growth and deployment of the Internet,
and have been able to respond quickly to demands.
It is frequently argued that the private sector should lead
because of its ability to innovate quickly; the involvement of governments, it
is said, would simply politicize the Internet’s management.
Some also maintain that the US government’s oversight role
has never interfered in ICANN’s decision making processes.
Things that can’t last, don’t: why do some see a need for
change?
Those who advocate a change in the status quo argue that the
current scheme lacks international legitimacy, and that ICANN will be always
subject to US national law and therefore an instrument of disproportionate US
influence.
Those of this persuasion contend that the current
arrangements which give the US government final authority over country’s
presence in cyberspace (ccTLDs) are a risk to the national sovereignty and
security of states, particularly those that do not have good relations with the
US.
They also note that the original promise by the US government
to withdraw from ICANN oversight by September 2000 has not been honoured.
While few dispute the fact that the current governance
structure is suitable for managing technical issues, many believe it fails to
appropriately recognize the public policy role of governments.
PrepCom-3 – the first major cracks appear
The WGIG report went to the 19-30 September meeting of the
Preparatory Committee (PrepCom-3), for discussion in advance of the second World
Summit on the Information Society, to be held in Tunis, 16-18 November 2005.
After a slow start characterized by polarized positions, the
pace picked up following the release of a draft focus document by the Chair,
Ambassador Masood Khan of Pakistan. From the beginning of the second week,
groups settled down to drafting text for the WSIS output document on issues
ranging from spam and cybercrime to interconnection costs and — most
particularly— management of critical Internet resources such as the Internet’s
domain name and IP addressing systems.
No proposal was made to end ICANN’s technical role, and the
US government has stated that ICANN should focus on its core technical mission.
However, this still leaves unresolved how countries discuss and reconcile their
differences on public policy issues — and whether this should happen within an
institutionalized framework. If so, what form should this take?
Unable to come to agreement in the short time left to it,
PrepCom-3 agreed that nine proposals from governments would be forwarded for
further consideration, together with a Chairman’s "Food for Thought" document on
Internet governance. These government proposals are: