Liberalising internet governance: ICANN and the role of governments

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 “ICANN’s mission is stewardship and operational stability, not the defence of its existence or the preservation of the status quo.”

Stuart Lynn, ICANN President, Feb 2002

There has been much debate this month among internet circles about the future of the Internet Corporation for Assigned Names and Numbers (ICANN).  Much of this was discussed at the NETmundial meeting in Sao Paolo, a suitable venue given Brazil’s desire to throw its weight behind reforming such bodies as ICANN.  Reforms are on the cards, but no one seems to be clear what exactly these will do to the way the internet is used. Sentiments of doom and gloom mix with utopian forecasts of freedom.

The NETmundial Multistakeolder Statement doesn’t reveal much, other than paying lip service to various principles (freedom of expression and association, privacy) and charting the roughest of roadmaps for future directions on Internet governance. Aspiration, be it in terms of transparency, accountability and collaboration, is key.

ICANN was incorporated in California on September 18, 1998.  Its creation was heralded as a loosening of the grip by US authorities on the operational side of the Internet, tasking a company to take over administrative duties.  ICANN plays a leading role in dealing with the distribution of IP addresses and the management of the Domain Name System (DNS).

As far back as February 2002, the organisation’s president, Stuart Lynn, saw the need for reforms of the body.  Reforms had to “replace ICANN’s unstable institutional foundations with an effective public-private ownership, rooted in the private sector but with the active backing and participation of national governments.”  Tensions of management are fundamental – keeping an eye on “high-level elements of the Internet’s naming and address allocation systems” while avoiding intrusions that would stifle “creativity and innovation”.  That tension has never been resolved.

On Mar 14, the National Telecommunications and Information Administration (NTIA), based in the US Department of Commerce, announced that its grip on ICANN would be loosened.  “The timing is right to start the transition process,” claimed Assistant Secretary of Commerce for Communications and Information, Lawrence E. Strickling.  “We look forward to ICANN convening stakeholders across the global Internet community to craft an appropriate transition plan.”

John M. Eger, Director of the Creative Economy Initiative at San Diego State University, was enthusiastic.  “The US Government’s decision to end oversight of [ICANN] represents an opportunity for US leadership creating global ‘e-government’ systems to solve international law enforcement and terrorism problems, develop global education and environmental initiatives, and in turn, start using the Internet as a platform for advancing a new foreign-policy agenda.”

Eger’s overview is counter-intuitive – to shape internet governance, to seize the day, as it were, in such areas, one has to liberalise such bodies as ICANN and lessen the grip.  Technology can be better managed and directed if the big holders release the creation.  The Internet can become both a tool of open governance if the Obama administration embraces a “multistakeholder model”. “Letting go of ICANN gives the US momentum to more aggressively breathe life into the thousand[sic] of applications, which more truly internationalise its usefulness to nations, and to the world community.”

Eger’s observations are problematic on one direct level.  US leadership in such areas has tended towards bullying and cajoling negotiating partners in accepting a supposedly universal premise in implementing its own specific policies. Nothing demonstrates that more acutely than the current secret Trans-Pacific Partnership Agreement talks.  Ostensibly geared to accelerate trade liberalisation, the leaked chapters of the document suggest that Washington is keen to impress strict, even draconian intellectual property provisions on potential signatories. What can’t be done through Congress can be smuggled in via international treaty.

The suggested relinquishing of control by the US Department of Commerce has not been deemed a wise gesture on the part of such individuals as Sweden’s minister for foreign affairs, Carl Bildt.  In relinquishing such control, internet governance would be altered, allowing other states to throw their hats in the ring.  Bildt is convinced that widening such involvement on ICANN is not “the way to go.”

Bildt’s concern is paternalistic.  Opening such doors will let in rather unsavoury characters keen on over-regulation.  “Net freedom is as fundamental as freedom of information and freedom of speech in our societies.”  Despite extolling such virtues, he has proven rather enthusiastic about dousing the flames over the NSA revelations of blanket surveillance, arguing that the Swedish FRA is, in fact, a defender of online freedoms.  Visions of governance tend to vary.

Bildt also chairs the Chatham House and Centre for International Governance and Innovation Inquiry, created to examine the Snowden legacy and state censorship of the Internet.  In a statement in January, the inquiry partners emphasised that “a number of authoritarian states are waging a campaign to exert greater state control over critical internet resources.”  They are far from the only ones.

The short of it is that governments are compulsive meddlers.  As attractive as the rhetoric of liberty and freedom might be, intrusive governance is still regarded as acceptable.  The Brazilian Minister of Communications, Paulo Bernardo, considers virtual crimes and cybersecurity as vital areas of government policy.  He did concede that “protocol standards and domain names registration can be perfectly controlled by the technical community.”

The language of Nikolai Nikiforov, Russian representative at NETmundial, proved more muscular.  “Being subject to international laws, states act as grantors of rights and freedoms for citizens, play a role in the economy, security and stability of internet infrastructure, and undertaken measures to prevent, detect and deter illegal actions in the global network.”

Governments, it seems, just can’t let go.

This article was posted on May 1, 2014 at indexoncensorship.org

Russia’s attack on internet freedom: “There is a lot of room for making things worse”

A 2012 protest against internet censorship in St. Petersburg (Image: Mike Kireev/Demotix)

A 2012 protest against internet censorship in St. Petersburg (Image: Mike Kireev/Demotix)

It’s been a bad week for the internet in Russia. On Monday, the founder and CEO of VKontakte — “Russian Facebook” — claimed to have been pushed out and that Putin loyalists are now in charge of the site. On Tuesday, the Duma adopted controversial amendments to an information law, targeting bloggers. On top of that, on the same day, opposition figure Aleksei Navalny was found guilty of slander over a Twitter post.

Pavel Durov said in a statement on Monday that not only had he been fired from VKontakte, but he had learned about it from the press. He added that Kremlin loyalists Igor Sechin and Alisher Usmanov now had “complete control” over the social network, and that “Probably, in the Russian context, something like this was inevitable”. He revealed in an interview with TechCrunch that he’s left Russia, and has no plans to come back — labelling the country  “incompatible with internet business at the moment”. VK, as it is known, is not the go-to platform for political expression, its users are generally quite young. However, the site has recently found itself in the spotlight of President Vladimir Putin’s regime, both over groups and accounts connected to the ongoing conflict in Ukraine, and, Durov claims, over Navalny‘s page.

Meanwhile, claimed to be a counter-terrorism measure, the new law forces any site with more than 3,000 daily visitors to register with authorities. It will then be considered a mass media outlet, with the potential of being subjected to blocking and fines for anything from failing to verify information posted, to using curse words. Bloggers could also be held responsible for comments posted by third parties on their site, while anonymous blogging may or may not be banned. If enforced, it would “curb freedom of expression and freedom of social media, as well as seriously inhibit the right of citizens to freely receive and disseminate alternative information and express critical views,” said the OSCE Representative on Freedom of the Media, Dunja Mijatovic.

While the amendment has yet to be signed into law, it appears to have already made an impact. Russia’s biggest search engine Yandex has removed its ranking of the country’s most popular bloggers, saying it is because the blogsphere has peaked and is losing ground to social media as a discussion platform. Incidentally, their decision was announced only days before the Duma representatives made theirs.

But these cases are merely the latest chapters in the ongoing saga of Russian internet censorship. While to some extent, the authorities have kept an eye on the internet since its inception, there was a time not long ago when their attention was firmly fixed on controlling the traditional media. But as TV news turned into little more than government propaganda machines (see the bizarre spectacle that is RT) Russians started looking for alternative platforms for real debate. Unsurprisingly, they found them on the internet, and it proved a relatively free space. The remarkable popularity of blogging site LiveJournal in Russia is one result of this; the rise of independent online news providers like Lenta.ru another.

But even then, there were those who realised the regime would turn its attention to the internet as soon as it clocked onto its potential power. And sure enough — the wave of internet repression we’re seeing today is widely believed to have started with the protests surrounding the elections securing Putin’s third term in power. Like the Arab spring, here too the internet was an effective organising tool.

Since then, continuous blocking and takedowns have been supplemented by more large-scale crackdowns, like the 2012 blacklisting of websites, and the range of attacks on online news sites, such as Lenta.ru,  TVRain and Ekho Moskvy, early this year. And while there are immediate and obvious effects of putting government loyalists in powerful media positions or simply shutting down outlets that show any sign of dissent from the official line, these actions also pose less overt threats to free expression.

“We should understand one thing — while technically these initiatives look not very sophisticated, in fact the entire strategy is very efficient because it provokes the rise of self-censorship among users, ISPs and even global platforms,” renowned Russian investigative journalist Andrei Soldatov explained to Index. “Many are becoming more and more cautious facing government pressure on the internet, not very predictable, and thus extremely dangerous.”

There is little reason to believe that authorities will call it a day with their latest moves. “Every time we wonder, is it possible to have more propaganda and more pressure, but then it turns out it is possible,” Tonia Samsonova, a correspondent for Ekho Moskvy and TVRain told Index. She says people used to believe they lived in a free society, or one that was on its way to becoming free, but then the situation deteriorated. And every time they think they’ve hit rock bottom, “someone is knocking from the underground and we realise we can go lower and lower and lower in terms of freedom,” she says. “And I think there is a lot of room for making things worse for internet freedom in Russia.”

Soldatov believes a possible next step involves forcing the likes of Google and Twitter on to Russian soil: “It’s very probable, given that some prominent Russian MPs already started putting global platforms under pressure (using as pretext the protection of personal data of Russian citizens against NSA espionage). The very last initiative was to forbid Facebook in Russia until the company relocates its servers with Russian citizens data on Russian soil, notably in Siberia, because it might help develop this region.” This initiative has not yet been made into a draft bill, but Soldatov says “the trend is quite obvious”.

Indeed, on a related note, recently passed legislation orders websites — including foreign ones with Russian users — to keep six-month records of user activity, and for that to be made available to the authorities. Whether big internationals like Facebook will comply when challenged remains to be seen.

“Their ultimate goal is to have no oppositional thinkers posting,” says Samsonova. With few signs of widespread public opposition to the authorities’ previous repressive moves, further erosion of internet freedom on the path towards this goal seems likely.

This article was posted on 25 April 2014 at indexoncensorship.org

Putin’s Russia: Censoring anti-invasion sentiment

(Image: /Demotix)

(Image: /Demotix)

Censorship of anti-war sentiment in Russia now uses a mixture of state-sponsored media attacks, arms-length loyalists, crooked think tanks and legal strong-arming – but is it working?

Politonline, a website well-known for its support of Putin, has produced an article with the top twenty most “negative” news sources in Russia. Editors claim to have pioneered a methodology which can gauge “emotional sentiment and tone” in online articles. Politonline don’t elaborate on how the algorithm has been put together, or indeed the source data they used. However some of the keywords used have been published, including the words “annexation” and “support for Crimea.”

Meanwhile, a prominent academic has been publically slammed by a pro-Putin think tank, in a pro-Putin newspaper, after he compared Hitler’s strategy in Anschluss with the annexation of Crimea. Professer Andrei Zubov was also dismissed by his employers – the Moscow Institute for International Relations. The Institute for Democracy and Co-operation, the think tank who critiqued the article, included a list of American academics who had lost their jobs over their political views – although many had been fired for comments which were overtly racist, sexist, or incited hate.

The man who blew the whistle on Putin’s invasion in Crimea, Lev Shlosberg, has also been targeted by his opponents. Some of the masked paratroopers now in Crimea were originally based in his home region : Shlosberg helped alert the media when the invasion began. A legislator and newspaper editor, he has since been accused of being a “fifth columnist” and “traitor.” In an interview on the Russia 1 television channel, Putin’s press secretary Dmitri Peskov adopted a similar strategy when he smeared dissenters as “professional critics” and a “nano-fifth column.”

Alexey Navalny, a lawyer, blogger and pro-reform opposition politician has also faced penalties. A lengthy article he published on his blog regarding Crimea prompted authorities to accuse him of breaking the terms of his house arrest. Authorities then blocked access to the site, and warned citizens that anyone promoting his article online would be subject to unspecified sanctions.

Protesters brave enough to go on the streets are also being met with state-sponsored aggression. Tanya Lokshina, Russia Program Director and Senior Researcher at Human Rights Watch, told Index that “anti-war protesters have been subject to arbitrary detention, harassment, intimidation, and even physical attacks.”

Between February 21st and March 4th, the NGO allege that police detained well over a thousand peaceful protesters in Moscow alone. Courts ordered at least fifteen of them to serve ten days of administrative detention for alleged failure to obey police orders, and fined dozens of others for participating in unauthorized public gatherings. The majority are still awaiting administrative court hearings. Other cities have seen similar policing tactics and unfair judicial process.

“Many wondered what a post-Sochi crackdown might look like,” Hugh Williamson, Europe and Central Asia director at Human Rights Watch told Index. “These detentions, the crackdown under way on the media, and violent attacks against dissenters by unidentified assailants paint a stark picture of what is going on in Russia right now.”

So is all this working? In December, Putin’s popularity was at its lowest since 2000, according to a report on the Reuters website. Polling conducted by the Levada Agency showed that “61 percent of respondents voiced approval for Putin’s performance in November, down from 64 percent in October and the previous low this year of 62 percent, recorded in January.”

It’s also notable that before the Crimea crisis escalated, the Russian people were indifferent to Euromaidan. Another Levada poll showed that 63% of Russians didn’t sympathise with either Yanukovych or the protesters.

However a poll by VTsIOM, conducted in March after troops had moved into Crimea, showed that Putin’s approval ratings had leapt up. VtsIOM is state-run but according to Russian politics analyst Mark Adomanis, “remains one of the most widely respected polling outfits in Russia.”

Crimea has sent Putin’s poll numbers skyrocketing,” says Adomanis, who writes a column for Forbes about Russian politics and economics. “Levada currently has him at a little over 80%, his highest level since 2010.”

“Other agencies have shown a similar rebound in his numbers – pretty much everyone agrees that the poll numbers are the best in a long time.”

Adomanis also commented on the lack of media, political and academic freedom surrounding the Ukraine crisis.

“Even in democratic societies there’s always a concern that polling can be heavily influenced by the nature of media coverage. It’s definitely more of a concern in Russia, given the heavy-handedness with which the authorities manage the press

“You can’t totally separate the biased coverage from popular support, but I don’t think one can fully explain the other.”

So Putin’s strategy in Crimea has played out well politically. It’s hard to know what the polls would have been like had the press been able to fully criticise his actions, or had street protests been allowed to go on unhindered. It’s also likely that the long-term economic impact of the annexation will be great enough to push polls down again in the future. However, the tactics used by the authorities to keep dissent out of the public psyche appear well-rehearsed and difficult to counter. A quick review of any Russia Today bulletin, compared with multiple on the ground sources in Kiev, Crimea and eastern Ukraine, reveal that the Russian public are not getting the full picture about their leaders international transgressions.

This article was published on April 14, 2014 at indexoncensorship.org

Back to the USSR: Punitive psychiatric treatment returns to Russia

Punitive psychiatric treatment is returning to Russia. This is a throw back to Soviet times, with opposition activists condemned by a kangaroo court to bogus psychiatric treatment courses, with no chance of release until a doctor says so.

Mikhail Kosenko, 39, last week became the highest profile case when he lost his appeal case against enforced psychiatric treatment. As such he will be interned immediately at a state-owned medical facility in Moscow. At worst, his sentence could be for life, with no chance of parole, as his release depends on vaguely described criteria. His assessment will also be made by doctors whose political neutrality is not guaranteed.

In 2012, Kosenko was arrested by Moscow police after taking part in a peaceful protest against Putin in Bolotnoya Square. Charged with rioting, he spent much of the next twenty two months behind bars. When his sentence was read out in court last October, his sister Kseniya, told the BBC : “I have an awful feeling. There are really frightening stories about what goes on in these places.”

Kseniya describes her brother as “a very quiet, homely type of guy.” She confirms various inspecting doctors reporting that he’s very shy – “shunning any kind of violence.”

Kosenko did have a pre-existing psychiatric condition when he was arrested – slow on-set schizophrenia diagnosed in 2001. But after medication and good advice, the condition was very much under control. Kosenko had never shown any tendency to be violent, according to his doctors.

Tanya Lokshina, Russia Program Director and Senior Researcher at Human Rights Watch, opposes the ruling.

“Mikhail’s case simply reminds me of the Soviet Union,” Lokshina warns. She tells how punitive psychiatry was a tool that was rarely used, but always with devastating effect. “Back then the medications used were really heavy, they were designed to slow down movements and just keep you out of the way.”

It’s impossible know exactly what treatments are now in store for Kosenko. But whatever is to come, it will only end if Kosenko dies, renounces his politics, or wins a final case of appeal at the Supreme Court. This is his last chance, but it could be some time. Lokshina remembers that when Pussy Riot took an appeal case to the Supreme Court, they had to wait a year before their case was heard. In the meantime, Kosenko’s treatment will continue.

The only medical evaluation the court heard was conducted by the Serbsky Institute in Moscow. Their crebility was disputed by medical experts, including the head of Russia’s Independent Psychiatric Association, when they noted that the assessment had completely omitted any reference to Kosenko’s successful ten years of self-medication, with no history of violence. Serbsky Insitute is also owned and operated by the state. The judge threw out a petition to have a second medical assessment.

Lokshina tells me there have been a few cases recently – but this is by far the worst. Amnesty International call it “an abhorrent return to Soviet-era practices.” The weeping sister of Kosenko told the BBC she felt “physically sick” when she heard that her brother had been found guilty.

Putin is turning to medieval, desperate measures as he balances himself on a rattling economy, a tonne of debt and a country that is too big to govern. Those with the bitterest memories, like Ukraine, Poland and the Baltic states, fear a renewed bid to expand borders permanently, especially looking at adventures into Crimea.

But Putin is smarter. He must distract the population from a certain amount of oligarch asset-stripping and poor management, which has become epidemic under his reign. But he also must not overstretch or overspend. Enter the Roman strategy of “bread and circuses,” minus the bread.

Putin’s inaugural circus took place during the Georgia invasion in 2008, and according to Mark Adomanis remembering the war in Forbes magazine “bathed Russia in a warm patriotic glow.” Putin’s ratings took a generous bump as a result.

But Admonanis predicted, just two months ago, that Putin’s ratings would have dipped by the end of this year. The economy was weak and Sochi had been a slightly uncomfortable experience for anyone even remotely Russian.

Sadly Adomanis, nor anyone outside Putin’s inner circle, could not reasonably have predicted Putin’s subsequent gamble in Crimea.

The incursion has seen approval ratings leap from sixty five to eighty percent almost over-night. That is an extraordinary success.

Yet while Crimea has been a successful though highly irritating move, Putin’s political future is still at risk. The balance of world media commentary has been unapproving. The lies he is telling about dangerous neo-Nazi gangs have been proved as untruths, journalists have exposed the role of vicious nationalist thugs (on the Russian side), and Putin’s cheeky disregard for international law condemned. His domestic woes also go on regardless – senior officials within the Kremlin admit that the capital outflows and fall in the stockmarket are far greater than they had forecast. There certainly isn’t any capacity for “bread.”

Facing criticism at home and abroad – Putin turns to censorship and propaganda to secure himself domestically and reap political reward out of Crimea. Any oppositionist media has been bloodily censored. Reports of self-censorship are leaking out from the remaining clutch of titles.

There are three varieties of public criticism which particularly irk Putin. First, a human rights group can get hold of and successfully publicise a story (Kosenko). Second, a one-off event focuses the world on Russia (Sochi). The third is that Russian activists go out onto the streets (again Kosenko’s case, see also Pussy Riot).

In each scenario, Putin potentially loses. But he’s developed mitigation strategies. The first is to denounce foreign criticism as biased and baseless. The second is to claim it’s-a-great-big-Western-plot-we’re-the-victims-don’t-worry-Putin-here-will-rescue-you. The third is to allow some freedom of speech, but only as an opposition release valve. The fourth is to treat protesters like animals.

Street-marches are targeted by violent thugs, who act with suspicious impunity. But it’s the judiciary, and their shoddy self-discipline, who play the more important role. There were serious judicial errors in Kosenko’s case. Other victims have seen key witnesses prevented from giving testimony. Or biased “expert opinions.” Or paid goons threatening the families of the accused.

Putin’s actions abroad might bring back memories of Communist Russia, but Putin probably doesn’t see it this way. Putin needs the circuses of Georgia and Crimea, even if he can’t afford bread back home. He has also applied a blanket of censorship on the media.

Now Putin is turning to psychiatric institutions in a bid to remain in power.

This article was published on March 31, 2014 at indexoncensorship.org