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Professor, Georgia Institute of Technology School of Public Policy
Joined on September 10, 2004
Total Post Views: 848,686
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Milton Mueller is Professor at the Georgia Institute of Technology, School of Public Policy. He is the author of Will the Internet Fragment (Polity, 2017) Ruling the Root: Internet Governance and the Taming of Cyberspace (MIT Press, 2002), and Networks and States: The Global Politics of Internet Governance (MIT Press, 2010). He is a co-founder of ICANN’s Noncommercial Users Constituency and directs the Internet Governance Project (IGP).
Except where otherwise noted, all postings by Milton Mueller on CircleID are licensed under a Creative Commons License.
A CircleID post by Alexander Klimburg takes aim at my article, "The Power to Govern Ourselves," delivered at the Gig-Arts conference in June. That speech, available here on the blog, argued that: "Multistakeholder does not describe a governance model. It never has. It was always a compromised Public Relations concept," one that muddied the distinction between governance by state actors and non-state actors. What really made the Internet institutions unique was their break with sovereignty. more
A Chinese law that went into effect six months ago required online service providers to file details of the algorithms they use with China's centralized regulator, the Cyberspace Administration of China (CAC). In mid-August, CAC released a list of 30 algorithms used by companies such as Alibaba, TenCent and Douyin, the Chinese version of Tiktok, with a brief description of their purpose. more
Ukraine's representative to ICANN's Governmental Advisory Committee (GAC) has sent a letter to the Internet Corporation for Assigned Names and Numbers (ICANN) to remove Russian-administered top level domains (.RU, .SU and .рф) from the DNS root zone. In a separate letter, Ukraine's representative also asked RIPE NCC to withdraw the right to use all IPv4 and IPv6 addresses by all Russian members of the regional IP registry for the European region. more
In 2019 and 2020, the economic conflict between the US and China reached a peak. There was a months-long tariff battle that is still not fully resolved. After blocking Chinese-centered equipment manufacturer Huawei from its own markets, the US pushed hard to get the Five Eyes and all of its allies to block Huawei from foreign markets, too. Then the US started blocking its own companies... more
In the first section of this piece, I argued that the anti-Huawei litany only makes sense when one realizes that it is the Chinese state, not a global telecommunication equipment manufacturer based in China, is the target of this attack. China, in this view, is an integrated monolith, and any Chinese firm can be ordered to do the government's will without any legal, political, or economic checks and balances. more
On May 29, I attended an AEI event on "International economics and securing next-generation 5G wireless networks," with Ambassador Robert Strayer, who heads the U.S. State Department's CIP team. But the focus of the talk was not really on 5G security, international trade or 5G development. In fact, there was no constructive agenda at all. The talk was an extended attack on China and the Chinese-based telecommunications vendor Huawei – another episode in an ongoing U.S. government campaign to shut Huawei and other Chinese firms out of the U.S. market, and to convince every other country in the world to do the same. more
The Internet Governance Forum, held this year in the Brazilian beach resort town of João Pessoa, completed its 10th annual meeting Friday November 13. The IGF Secretariat claims that nearly 5,000 people attended. Moreover, it looks as if its existence will be continued for another 10 years when the UN meets in New York later this year. Vint Cerf declared it "the best IGF ever" in the closing open microphone session. But how good is "best?" more
Most of the ICANN community is headed to ICANN 54, the critical meeting in Dublin where some kind of an agreement on accountability reforms needs to be reached if the historic IANA transition is to take place. Only a few months ago, an open, multi-stakeholder process proposed to enhance ICANN's accountability by creating a very limited form of membership. It did not allow any individual in the world to become a member. It did not even allow any individual or organization with a domain name to become a member (as it should have). more
The improvised alliance between ICANN and the government of Brazil is now beginning to take shape. The "summit" that President Dilma Rousseff of Brazil announced last month now has a name: the Global Multistakeholder Meeting on the Future of Internet Governance. It's no longer a summit, it's a GMMFIG. (Shall we pronounce it gum-fig?) The meeting will be held in Sao Paulo, Brazil, April 23 and 24. Don't book your tickets yet, though -- we are still debating how open this meeting will be. more
For those worried about the threat of a state-based takeover of the Internet, there is no need to obsess over the International Telecommunication Regulations (ITRs) exclusively. Three Chinese engineers are proposing a way to alter Internet standards to partition the Internet into autonomously administered national networks, using the domain name system (DNS). The idea was not proposed in the ITU; no, it was sent to a multi-stakeholder institution, the granddaddy of the Internet itself, the Internet Engineering Task Force (IETF). more
Although ICANN is now getting a lot of ridicule for the "glitch" in its TLD application System, it deserves some praise and respect for the results of its April 10 board meeting. In that meeting, the board showed the involved community - and the rest of the world - that it is no longer going to be stampeded by extra-procedural political pressure to make yet another round of hasty amendments to its new TLD program's policies and procedures. more
The Stop Online Piracy Act (SOPA) and its defeat call attention to a delicious irony in public discourse on Internet governance. Even those who don't want the Internet to be an exception from traditional forms of regulation and law are forced to admit that something new and exceptional must be done to bring it under control, such as massive departures from traditional concepts of territorially bounded sovereignty through the use of in rem jurisdiction. more
ICANN's plan to open up the domain name space to new top level domains is scheduled to begin January 12, 2012. This long overdue implementation is the result of an open process that began in 2006. It would, in fact, be more realistic to say that the decision has been in the works 15 years; i.e., since early 1997. That is when demand for new top-level domain names, and the need for other policy decisions regarding the coordination of the domain name system, made it clear that a new institutional framework had to be created. more
Too many techies still don't understand the concept of due process, and opportunistic law enforcement agencies, who tend to view due process constraints as an inconvenience, are very happy to take advantage of that. That's the lesson to draw from Verisign's proposal and sudden withdrawal of a new "domain name anti-abuse policy" yesterday. The proposal, which seems to have been intended as a new service to registrars, would have allowed Verisign to perform malware scans on all .com, .net, and .name domain names quarterly when registrars agreed to let them do it. more
On September 12 China, the Russian Federation, Tajikistan and Uzbekistan released a Resolution for the UN General Assembly entitled "International code of conduct for information security." The resolution proposes a voluntary 12 point code of conduct based on "the need to prevent the potential use of information and communication technologies for purposes that are inconsistent with the objectives of maintaining international stability and security and may adversely affect the integrity of the infrastructure within States..." more
The most notable thing about the EC Papers on ICANN, which were leaked by Kieren McCarthy last week, is that they are designed to completely subordinate ICANN as an institution. We have not seen such a comprehensive attack by a government on ICANN since the World Summit on the Information Society. One can infer that this is payback for the Board's decision to not treat the EC's views, expressed in its Governmental Advisory Committee (GAC), as binding instructions rather than as nonbinding advice. more
On Tuesday (November 30) Internet backbone provider Level3 publicly accused cable-based ISP Comcast of trying to thwart competing video services delivered through the internet. Comcast was, according to Level3, suddenly choosing to charge it more because of its carriage of Netflix traffic. The accusation was consciously framed to raise net neutrality alarms. It appeared as if a cable TV giant was using its control of internet access to make access to a competing, over the top video service more expensive... Then the full story came out. more
A new book by Dr. Konstantinos Komaitis (Lecturer in Law at the University of Strathclyde) provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. more
I have been attending the American Registry for Internet Numbers (ARIN) meeting in Toronto. ARIN is one of the RIRs, i.e., the Internet address registry and policy making authority for North America. Although I have observed and participated on RIR lists for some time and interacted with RIR representatives at ICANN, WSIS and IGF, this is the first time I have been able to attend a meeting. I'm glad I did. more
At the beginning of this year, a set of powerhouse organizations in cybersecurity (CSO Magazine, Deloitte, Carnegie Mellon's CERT program, and the U.S. Secret Service) released the results of a survey of 523 business and government executives, professionals and consultants in the ICT management field. The reaction generated by this survey provides an unusually clear illustration of how cyber-security discourse has become willfully detached from facts. more
The .xxx controversy is a legacy of the Bush era. In the dark period of WSIS and the Iraq invasion, ICANN's independence was fatally undermined when a political appointee of the Bush administration, in response to an email campaign from rightwing groups in the Bush "base", issued a direct threat to Paul Twomey that if ICANN approved the .xxx Top-Level Domain (TLD) it would not put it in the root. more
Speaking at a Technology University of Delft conference on the internationalization of infrastructures, Professor Viktor Mayer-Schoenberger made some unique and provocative observations about the future of the ICANN tether to the U.S. government. Mayer-Schoenberger was trying to predict the position of the three main players: the EU, the US and China... more
Think for a moment of the enduring legacy of African slavery in America. Think of the way it tainted this country's culture and politics; think of the bloody Civil War, the ghettos... What if we could roll back the clock and ensure that our society was "designed" so that slavery was never permitted and never happened? ... But what if I told you that my computer science lab was working on a "new Internet" that would solve all the terrible security and privacy problems of the existing one? Would you find this claim more credible than a proposed retroactive solution to the problem of slavery? more
On Monday the Wall Street Journal published an article alleging that Google was trying to arrange a "fast lane for its own content" with telecom carriers and contending that Google and Professor Lessig were in the midst of changing their position on network neutrality policy. The WSJ reporters received a lot of flak for the piece -justifiably so. There was no real "news" in this news article. more
It's fascinating to watch the Internet technical community grapple with policy economics as they face the problems creating by the growing scarcity of IPv4 addresses. The Internet Governance Project (IGP) is analyzing the innovative policies that ARIN, RIPE and APNIC are considering as a response to the depletion of IPv4 addresses. more
The Internet Governance Project has unearthed a consultancy report to the U.S. Department of Homeland Security (DHS) that makes it clear that the issue of root signing and DNSSEC key management has been recognized as a political issue within the US government for long time. more
The report of the Whois Working Group was published today. The Working Group could not achieve agreement on how to reconcile privacy and data protection rights with the interests of intellectual property holders and law enforcement agencies. So the Working Group Chair redefined the meaning of "agreement." See the full story at the Internet Governance Project site. more
Just when you thought the .xxx affair couldn't get any worse, it does. I'm beginning to think that ICANN's approach to TLD approval was cooked up by a demented sergeant from Abu Ghraib... Now, after the triple x people negotiated with ICANN's staff a contract that met all prior objections, and heads into what should be its final approval, word is that a few ICANN Board members are leaning in a negative direction. What is the reason? A group of pornographers has organized a campaign against .xxx, flooding ICANN's comment box with overwhelmingly negative remarks. more
A U.S.-led Task Force in ICANN's Governmental Advisory Committee (GAC) released version 3 of its "Whois Principles" in preparation for the ICANN meeting in Brazil, where it will be debated and finalized. European countries pushed back against U.S. Government efforts to stop ICANN from respecting privacy concerns in its handling of domain name registrant contact data... more
Knee-jerk UN haters in the US are fond of pointing horrified fingers at the presence of China, Syria and other authoritarian states whenever global governance is mentioned. See for example Declan McCullough's slanted piece in CNET. They might be surprised to learn that the UN Internet Governance Forum has opened the opportunity for a major assault on Internet blocking and filtering, and put repressive governments on the defensive by heightening awareness of the practice and pressuring them to justify it or change it... more
The new MoU, called a Joint Project Agreement (JPA) is a cosmetic response to the comments received by NTIA during its Notice of Inquiry in July 2006. The object seems to be to strengthen the public's perception that ICANN is relatively independent. But the relationship between the USG and ICANN is fundamentally unchanged. In one important respect, the JPA has actually increased direct US intervention. more
For now, it appears that the new, more technically focused and privacy-friendly definition of the purpose of Whois survived the Marrakech meeting. The U.S. Government and the copyright and law enforcement interests mounted a major onslaught against the Generic Names Supporting Organization (GNSO) action, using the Governmental Advisory Committee (GAC) as their pressure point. more
The Internet Governance Project is is urging Internet users everywhere, but especially those outside the United States, to respond to the NTIA Notice of Inquiry with the following statement: "The Internet's value is created by the participation and cooperation of people all over the world. The Internet is global, not national. Therefore no single Government should have a pre-eminent role in Internet governance. As the US reviews its contract with ICANN, it should work cooperatively with all stakeholders to complete the transition to a Domain Name System independent of US governmental control." more
The XXX drama isn't over. Today ICM Registry announced that it would file a reconsideration request with ICANN and a judicial appeal to challenge redactions and omissions from the internal US government documents released to it under a Freedom of Information Act (FOIA) request. These could prove to be opening moves in a more extended round of litigation. In connection with its judicial appeal, ICM Registry released 88 pages of internal US Commerce Department documents obtained under the FOIA showing how the U.S. handled its application. more
A few weeks ago ICANN's domain name policy making organ (the GNSO) decided that the purpose of Whois was domain name coordination and not compulsory surveillance of domain name registrants. The US and Australian governments expressed their opposition. The US government's lack of concern for privacy is well known. But what about Australia? The Australian ICANN Governmental Advisory Committee (GAC) representative, Ashley Cross, tried to use his authority as "a government" to intimidate the GNSO, sending it a message announcing that "Australia" supports a broader definition of Whois purpose that gives ICANN a blank check... What does "Australia" really support, however? more
It has taken almost three years -- by some counts, more than 6 years -- but ICANN's domain name policy making organization has finally taken a stand on Whois and privacy. And the results were a decisive defeat for the copyright and trademark interests and the US government, and a stunning victory for advocates of the rights of individual domain name registrants... more
The Internet Governance Project has joined free-expression advocacy organizations Reporters Without Borders and Article 19 to push for including Internet censorship and filtering problems on the agenda of the first meeting of the new Internet Governance Forum (IGF), a multistakeholder deliberation body created by the World Summit on the Information Society... more
Public consultations on the new "Internet Governance Forum" being created by the United Nations will be held in Geneva February 16-17. The Internet Governance Project has released a new discussion paper explaining how the Forum could work. The Forum must be as open as possible and give all stakeholders equal participation rights. Its deliberations must be wide-ranging and resist politically motivated barriers to discussion. And its products must feed into other, more authoritative Internet governance forums. more
It is now clear that by sending its letter of August 12 blocking approval of the .XXX domain, the US Government has done more to undermine ICANN's status as a non-governmental, multi-stakeholder policy body than any of its Internet governance "enemies" in the ITU, China, Brazil, or Iran. And despite all the calls for a government role that would ensure "rule of law" and "accountability" of ICANN, the interventions of governments are making this aspect of Internet governance more arbitrary and less accountable. more
The basic problem posed by WSIS was the role of national governments and national sovereignty in global Internet governance. That conflict remains completely unresolved by the WSIS document. The document's thinking is still based on the fiction that there is a clear divide between "public policy" and the "day to day operation" of the Internet, and assumes that governments should be fully in control of the policy-setting function. Moreover, new organizational arrangements are being put into place which will carry on that debate for another 5 years, at least. The new Internet Governance Forum is a real victory for the civil society actors, but also fails to resolve the basic issue regarding the role of governments and sovereignty. Although called for and virtually created by civil society actors, the language authorizing its creation asks to involve all stakeholders "in their respective roles." In other words, we still don't know whether this Forum will be based on true peer-peer based interactions among governments, business and civil society, or whether it will reserve special policy making functions to governments. more
Most commentators on Vixie's astounding message have gotten sidetracked. People don't seem to see the most important feature of his statement: Vixie's endorsement of Open Root Server Network (ORSN) is based on explicitly political criteria. As ORSN says on its web site: "The U.S.A (under the current or any future administration) are theoretically and practically able to control "our" accesses to contents of the Internet and are also able to limit them. A manipulation of the Root zone could cause that the whole name space .DE is not attainable any more for the remaining world - outside from Germany." So ORSN sees this as a "backup"... more
As a contribution to the United Nations World Summit on the Information Society (WSIS), the Internet Governance Project, led by Professor Derrick L. Cogburn, is supporting a web-based Global Deliberative Dialogue on Internet Governance, from 19-30 September 2005. The purpose of this Global Dialogue is to raise awareness of Internet Governance, to broaden participation in the policy debate, and to provide concrete input into the final deliberations during the Third Preparatory Meeting for the WSIS, taking place concurrently with the Global Dialogue in Geneva. more
Responding to the .xxx intervention by the US Commerce Department, the Internet Governance Project has produced a "STATEMENT OPPOSING POLITICAL INTERVENTION IN THE INTERNET'S CORE TECHNICAL ADMINISTRATIVE FUNCTIONS." You can view the statement here and add your name as a signatory at the bottom. Over 60 people have endorsed it. The Statement claims that "The NTIA's recent intervention in the .xxx proceeding undermines assurances" that the U.S. government's special unilateral authority over ICANN "would never be used to shape policy but was only a means of protecting the stability of the organization and its processes." The NTIA's open acknowledgment of the influence of religious groups made the intervention particularly dangerous. more
Americans who worried about governments somehow "running" the Internet through the United Nations failed to see the Trojan Horses that were rolled into ICANN's structure in 1998: the Governmental "Advisory" Committee and the special US Government powers over ICANN. The attempt by the US Commerce Department to "recall" the delegation of .xxx to ICM Registry due to pressure from deluded right-wing groups in the US who think that it will add to pornography on the Internet is a major inflection point in the history of ICANN, and could represent the beginning of the end of its private sector/civil society based model of governance. more
Controversies over ICANN led to the creation of the Working Group on Internet Governance, but so far there have been few specific proposals for change. The Internet Governance Project has entered that breach with a new policy paper: "What to Do About ICANN: A Proposal for Structural Reform." The proposal, by Hans Klein and myself, proposes three clean, clear but probably controversial solutions to the criticisms that have been made of ICANN. more
Many registrars have gotten complacent about reforming the Whois-Privacy relationship. After all, they can sell additional privacy protection to their subscribers for an extra $5-10. Seems like a perfect "market oriented" interim solution, as the so-called "bottom up" policy development process of ICANN figures out how to provide tiered access. Not so fast. more
The Noncommercial Users Constituency (NCUC) is the constituency group representing civil society organizations in the formation of domain name policy. In August 2004 it initiated a process to nominate people to serve on the UN Secretary-General's Working Group on Internet Governance, as representatives of civil society. Our purpose was to assist the Secretary-General to identify qualified and widely-supported individuals capable of serving on the WGIG on behalf of civil society. more
The Internet Governance Project (IGP) issued a set of reports analyzing the current "state of play" in Internet governance. The reports were commissioned by the United Nations ICT Task Force as an input into the deliberations of the UN Secretary-General's Working Group on Internet Governance (WGIG). The report identifies the international organizations and agreements affecting the Internet, and points out where there are conflicts and gaps. more
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