Internet Governance

ICANN Needs a Good Root

It's not been the best of years for ICANN. Leaving aside for a few seconds the controversy about xxx, and the allegations of improper behavior about the .Net assignment, ICANN has had a lot to deal with. The troubles began with the UN Working Group on Internet Governance hell bent on fixing ICANN, even though ICANN says nothing is broke. That trouble remains and isn't likely to go away for some time. And then, just when it seemed that the UN and ITU was the cause of all ICANN's problems, the old ally, US Government's DOC, decided that it was going to be in charge of ICANN. ...This could be the beginnings of a distinct change where the centralized DNS as we know it gradually gives way to some next generation structure which is far more decentralized. The coming 12 months may see some significant changes in this area. more

The US Department of Commerce, the DNS Root, and ICANN

The recent announcement in eWeek titled "Feds Won't Let Go of Internet DNS" (slashdotted here) has some major internet policy implications. The short, careful wording appears to be more of a threat to ICANN than a power grab. In short, the US Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) announced that it was not going to stop overseeing ICANN's changes to the DNS root. ...Of course, they have done next to nothing to support DNSSEC or other proposal for securing the DNS, but it sounds reassuring. The last sentence shows that the Bush administration shares the Clinton administration's lack of understanding of how the internet should evolve... more

U.S. Government to Retain Oversight of the Internet’s Root Servers

The U.S. government has announced today that it will indefinitely retain oversight of the Internet's root servers, ignoring pervious calls by some countries to turn the function over to an international body. more

Effects of ICANN’s Legal Presence in the US, Under California Legislation

Excerpts from the recent address of the President and CEO of ICANN to the Working Group for Internet Governance (WGIG). "ICANN's establishment in California is a consequence of history. Jon Postel, the long standing coordinator of the IANA functions was based at the University of Southern California. Jon was designated ICANN's first Chief Technology Officer but was preempted from taking the position due to his untimely death. The legal instrument available in California to establish such a public benefit function, including its multi-stakeholder expression, is a not-for-profit, public benefit corporation..." more

Domain Name Dispute Puts Dot-Ca in the Spotlight

My weekly Law Bytes column (freely available hyperlinked version, Toronto Star version) focuses on the recent Canadian parliamentary discussion on domain name disputes. As discussed about ten days ago, the impetus for governmental interest in domain name disputes and Internet governance is the registration of several domain names bearing the names of sitting Members of Parliament by the Defend Marriage Coalition, an opponent of same-sex marriage legislation. The resulting websites, which include donboudria.ca and davidmcguinty.ca, include MP contact information, photos, and advocacy materials. more

So, Who Really Did Invent the Internet?

The beginnings of the Internet are shrouded in myth and misunderstandings that have led to some claims of proprietary ownership of the Internet. Where and when did the Internet begin? The only thing Internet historians seem to agree on is that it was not 1969, or the Pentagon, (or for that matter Al Gore). From there on, there is a wide divergence of views as to when, where, and by whom the Internet may have been invented... more

The Geography of Internet Addressing

The ITU-T has proposed a new system of country-based IP address allocations which aims to satisfy a natural demand for self-determination by countries; however, the proposal also stands to realign the Internet's frontiers onto national boundaries, with consequences which are explored here. ...we do indeed see the Internet as a single entity, and we even speak of the Internet's architecture as if there was one designer who laid out a plan and supervised its construction. But despite all appearances, the Internet landscape is indeed made up of many separate networks... This article will explore these issues, particularly in light of recent proposals to introduce new mechanisms for IP address management, a prospect which could, over time, substantially alter both the geography of the Internet, and its essential characteristics as a single cohesive network. more

Whither WGIG?

Now, I don't like the word "whither" any more than you do. But this Reuters article was circulating yesterday and it seemed to call for a "whither." It's a short story, so let's do a close reading. "A U.N.-sponsored panel aims to settle a long-running tug of war for control of the Internet by July and propose solutions to problems such as cyber crime and email spam, panel leaders said on Monday." We're going to decide what "internet governance" is by July?  more

Internet Management and National Security: Time for a Federal Action Plan

Former CIA Director George Tenet recently gave a speech highlighting the need for federal action on internet management in order to protect national security. As reported by the online edition of Government Executive, Mr. Tenet explained that, "greater government regulation of the Internet and telecommunications networks is needed in order to guard against terrorist attacks." more

United Nations Establishes Working Group on Internet Governance

Secretary-General Kofi Annan announced today the members of the United Nations Working Group on Internet Governance, which is to prepare the ground for a decision on this contentious issue by the second phase of the World Summit on the Information Society in 2005. The establishment of the Working Group was requested by the first phase of the Summit, held in Geneva last December. At that time, countries agreed to continue the dialogue on the management of the Internet, at both the technical and policy levels. more

It’s About Connectivity Not The Internet!

I've been trying to avoid writing about the Internet as such. With as "At the Edge" I'm looking at larger issues but can't escape writing more directly about the Internet. It seems as if everyone wants a say in Internet policy without distinguishing between technical and social issues. Today the term "The Internet" or, for many simply "Internet" is more of brand than a term for a specific technology and its implications. It has become too easy to talk about the Internet in lieu of understanding. We also see the converse -- a failure to recognize "Internet" issues. more

ICC Paper on Clearing Up Confusion Over Internet Governance

I just wanted to call people's attention to this International Chamber of Commerce (ICC) paper on Internet governance. I don't endorse it; haven't actually read it yet, but their say will play a big role and should be widely known: "Coming barely a month after the World Summit on the Information Society (WSIS) in Geneva, and prepared by ICC's Commmission on E-Business, IT and Telecoms, the paper divides the issue of Internet governance into three main components - technical engineering, coordination of the names and numbers system and public policy matters." more

Misunderstanding ICANN

Harvard Law School's distinguished Berkman Center for Internet & Society has published a preliminary study, "Public Participation In ICANN." ...The problem with the preliminary study is that it fundamentally misunderstands the role of ICANN in Internet governance. Specifically, ICANN's duty is not and should not be to simply carry out the will of the "Internet user community." Instead, ICANN's duty is to carry out the responsibilities the organization agreed to in its Memorandum of Understanding (MOU) and contract with the Department of Commerce. This does not mean that ICANN should exclude stakeholder views. more

ICANN and the Virtues of Deliberative Policymaking - Part I

In this two-part series article, Andrew McLaughlin takes a critical look at the recently reported study, Public Participation in ICANN, by John Palfrey, Clifford Chen, Sam Hwang, and Noah Eisenkraft at the Berkman Center for Internet & Society at Harvard Law School..."The study's presentation and analysis of data contain much of interest, and much that could assist ICANN (and other policy-making bodies) in improving its use and management of online public forums. But the study's value is diminished by two rather fundamental shortcomings: (1) its misapprehension of both the theory and the practice of ICANN's policy-development process, and (2) the sizeable gap between the broad scope of the study's conclusions and the very narrow -- indeed, myopic -- focus of the analysis from which they are derived. Simply put, the study scrutinizes a small and misleading corner of ICANN (namely, its online public comment forums) and leaps to a sweeping (and, in my view, unwarranted) conclusion." more

At the Moment, No One Governs the Internet

What's remarkable about this moment is that the hot potato of DNS standard-setting is still up in the air. The US government didn't want to appear to be in charge, and wanted to convince European governments that it wasn't in charge, and so it created (or called for the creation of) ICANN. ICANN was designed to keep other governments at bay. ICANN has, however, no particular delegated power beyond that accorded to it by the contracts it has signed with registries and registrars. In fact, it can't have more power than that, because if it pretends to be a regulatory agency it should be complying with the APA -- and if it pretends to be a regulator its private nature probably violates US law in a number of respects. more