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

Don’t protest during the World Cup, Platini tells Brazilians

In Curitiba, about 300 protesters took to the streets of the central city asking for more health and safety improvements in the country and against the hosting of the World Cup 2014 in Brazil. (Image: João Frigério / Demotix)

In Curitiba, about 300 protesters took to the streets of the central city asking for more health and safety improvements in the country and against the hosting of the World Cup 2014 in Brazil. (Image: João Frigério / Demotix)

Brazilians shouldn’t protest during the World Cup, according to UEFA President Michel Platini.

Speaking to reporters, the French former footballer who is now head of European football’s governing body, said that: “We must tell the Brazilians that they have the World Cup and they are there to show the beauty of their country and their passion for football. If they can wait at least a month before making social outbursts, it would be good for Brazil and for the football world.”

Brazilians should “pay tribute to this beautiful World Cup,” Platini continued, saying it was given to Brazil to “make them happy”.

He added that Brazilians should get in the mood for receiving tourists from all over the world “and that for one month, they should make a truce”. 

The men running football (it is most often men) have a history of making at best misguided, at worst ignorant, statements about complicated issues — FIFA President Sepp Blatter famously suggested racist incidents on the pitch could be settled by a handshake.

However, you would think that the size of last summer’s World Cup-related protests, and the fact that demonstrations are still going on almost a year later, would make even the grandees of world football understand that Brazilians have legitimate grievances — and that these shouldn’t be shoved aside just so we can have a global party.

The various controversies surrounding Brazil 2014, from the price tag of some £7 billionto lack of transparency and unsafe working conditions at building sites, have been well documented. This is in no small part due Brazilians taking to the streets, making it impossible for their government, FIFA and the rest of the world to ignore their dissatisfaction.

But Platini isn’t the only one who wants protesters to take a break during the very event that for many has been the focus of their anger. Indeed, authorities have taken a number of steps aimed at suppressing demonstrations, including banning people from wearing masks during protests and “promoting ‘tumult’ within 5 km of a sporting event.” The over 170,000 security personnel set to be deployed will probably play their part too. 

Whether or not you believe that the intention behind awarding Brazil the World Cup was to make people happy, there’s no escaping that fact that many aren’t. The competition is going ahead, there’s no changing that, but Brazilians should have the right to show their unhappiness about it whenever they like.

This article was published on April 30, 2014 at indexoncensorship.org

NETmundial: Disappointed expectations and delayed decisions

Brazilian President Dilma Rouseff spoke at the opening of NETmundial.

Brazilian President Dilma Rouseff spoke at the opening of NETmundial.

“In 2013, the revelations about the comprehensive mechanisms for spying and monitoring communications provoked outrage and disgust in broad sectors of the Brazilian and the world’s public opinion. Brazilian citizens, companies, embassies and even the President of the Republic had their communications intercepted. Such facts are unacceptable. They undermine the very nature of the Internet: open, pluralistic and free”.

With these words, President Dilma Rousseff opened the NETmundial – Global Multistakeholder Meeting on the Future of Internet Governance, held in São Paulo on April 23 and 24.

Organized by the Brazilian Internet Steering Committee (CGI.br) and /1Net, the unprecedented gathering brought together 1,229 participants from 97 countries. The meeting included representatives of governments, the private sector, civil society, the technical community and academics. Among those present were the Under Secretary-General of the United Nations, Wu Hongbo; the President of ICANN (Internet Corporation for Assigned Names and Numbers), Fadi Chehade; the “father” of the Web, Tim Berners-Lee, and the co-author of TCP/IP and vice-president of Google, Vint Cerfol. The creator of WikiLeaks, Julian Assange, attended the event via Skype.

The words of the president of Brazil seemed to indicate the tone of the meeting: “This reunion responds to a global desire for change in the current situation, with the systematic strengthening of freedom of expression on the internet and the protection of basic human rights, such as the right to privacy”.

In the audience, activists wore masks with the face of Edward Snowden, whose leaks were a catalyst for NETmundial. They protested against the Article 15 of the Marco Civil–signed into law by Rousseff at the event’s opening ceremony–which orders the retention of users’ browsing data. Some demanded that Brazil offer asylum to Snowden.

The main objective of NETmundial was to begin to formulate a system of international internet governance that will come into effect in September 2015, when the United States steps away from the coordination of ICANN, which administers and manages the names and domains used on the internet.

NetMundial was born thanks U.S. spying that targeted the Brazilian government. Rousseff personally stitched together the event after her speech at the UN General Assembly last year that strongly condemned the NSA spying.

After the meeting, a statement of principles was approved. However, the document does not clearly state any principle governing the massive data espionage or violation of privacy. The term “neutrality” appears only in the list of topics to be discussed in the future. The mass surveillance is identified only as a discrediting factor of the net: “Mass and arbitrary surveillance weakens the trust and the confidence in the internet and in the ecosystem of internet governance”, says the document. The collection and use of personal data “should be subject to international human rights law”. And nothing more. Without incrimination, without any preventive or corrective measure, the question remained open. The postponement of the discussion about net neutrality was advocated by the U.S. private sector.

The final document raised much criticism from civil society, which had their expectations disappointed. With a weak text, the Charter of Principles was more like a set of corporate standards, with little affirmative language, full of marketing buzzwords. Its statements are soft. The governments’ voices, especially the U.S.’s, sounded much stronger. Civil society condemned the lack of explicit rules for the “net neutrality” – the term, by the way, was not even mentioned. Another criticized point was the inclusion of protection and copyright of intellectual property, which meets to the interests of lobbyists from business environment and is contrary to the recommendations of collaborative and free creation.

“The document ended up not reflecting the greatness of the debate that happened here. We missed the chance to produce a substantial document to the discussion of the internet governance”, said Laura Tresca, from the NGO Article 19. “The positive balance is in the process, which was interesting: we experienced the idea of the multistakeholder model in practice; but the final document was too weak.”

EFF published a text that defined the outcome of the meeting as “disappointing”.

The multistakeholder model was criticized by activists as “oppressive, determined by political and market interests”. People like Jérémie Zimmermann (La Quadrature Du Net, which defends the rights and freedom of citizens on the web) and Jacob Appelbaum (developer and security researcher) said that the principles of NetMundial were “empty of content and devoid of real power”. These activists argue that governments have an obligation to ensure the rights of users and that the internet is a common, free and geared to citizens’ good.

It would be very difficult to have unanimity with so many sectors present. Russia, Cuba and India disagreed with the Charter of Principles. Brazil’s minister of communications, Paulo Bernardo, missed a more forceful condemnation of espionage. “For obvious reasons, the United States was uncomfortable with it”, said Bernardo. He recognized that the document is not perfect, but evaluates that it means a victory for the future of governance. The idea now is to enhance the text in other debates, such as the Internet Governance Forum (IGF), that will be held next September in Turkey and in Brazil in 2015.

NETmundial was a historic step putting Brazil in the frontline for internet use in the world, even with the disagreements and a questionable model. Nevertheless, it lacked the courage to allow the voice of the people to sound louder than economic interests. To push the most important issues into the future for further discussions was a mistake – both strategic and purposeful. In this sense, they have bitten more than they could chew.

A previous version of this article referred to Wu Hungbo as the Secretary-General of the United Nations. His correct title is Under Secretary-General of the United Nations. This has now been corrected. 

This article was published on April 30, 2014 at indexoncensorship.org

Journalists coming under increased pressure in Brazil

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

Journalists continue to come under pressure from police and protesters in Brazil, according to a report released on 8 April. Just days after the report, two journalists were targeted by police during the forced eviction of a Rio de Janiero favela.

Attacks on journalists increased 232 percent according to the study commissioned by federal authorities. The report found that there were 41 cases of violence against media workers in 2012, rising to 136 in 2013. The report, prepared by the Council for the Defense of the Human Person (CDPH), said the rise in violence can be attributed to the mass protests that began in June 2013 against transport fare rises, corruption and the amount of money spent on preparation for the FIFA World Cup 2014.

Since 2009, Brazilian media workers have been the victims of 321 attacks involving violence. Eighteen journalists have been murdered in the same period. As a result, Brazil is among the most dangerous countries in the world to be a journalist.

The report concluded that “impunity and a lack of criminal responsibility for perpetrators of attacks on freedom of expression have contributed to the increase in violence”. It also highlighted the dangers to journalists and demonstrators from police during mass protests.

The cases of journalists Mauri Konig and Andre Caramante were referenced, both of whom received death threats for their work. Konig was forced into a two-month exile in Peru because of his coverage of illegal police activities in the Brazilian state of Parana. Konig, who has since returned to Brazil, has said he will stay away from police coverage. Caramante was also forced to leave the country and go into hiding after he and his family were the subject of threats. Caramante’s situation worsened after the publication of an article exploring the election campaign of a retired military police colonel and Sao Paulo councilman. Caramante was later fired by Folha de S. Paulo.

The most recent incidents against the press took place Friday, 11 April, when journalists were covering the forced evictions of residents from the Telerj Favela, at Rio. Journalist Bruno Amorim was roughed up by a police officer, who accused him of inciting violence through his reports. Protesters also attacked the press, setting fire to several marked media vehicles. Another reporter – O Globo’s Leonardo Barros – was ordered to leave the area or face arrest. The operation ended with more than 20 arrests and three children were injured, according to sources.

The country’s environment for freedom of expression “worsened dramatically during 2013 and the first months of 2014” according to a second report, Press Freedom in Brazil – October 2013 to March 2014, which was presented in February at Sociedade Interamericana de Imprensa.

That report found that there were 4 deaths, 66 cases of aggression, 2 cases of judicial censorship, 6 threats, 1 attack, 1 arrest and 3 cases of intimidation in Brazil during the six months it covered. “The cases of unpunished murders of journalists and other press professionals continue to be the most serious issue” facing the Brazilian media, the report warned.

The authors found what they called “cause for alarm” in the persistence of judicial censorship practised by magistrates”. The text states that it is “noteworthy that the censorship applied to the newspaper O Estado de S. Paulo on 31 July 2009 has not yet been subject to final decision”.

In an especially severe episode cited by the report, Santiago Andade – a cameraman for the Banderantes Network, died in February after being hit by a rocket. The press freedom report went on to warn that incidents like the ones that claimed the lives of Andade and three of his media colleagues could take place during the World Cup.

The report also detailed how the ANJ met with Brazil’s minister of justice Eduardo Cardozo to ask for concrete measures to halt the attacks on journalists. The minister recognised “the seriousness of the situation” and promised to take steps to create a protocol for police to use during street protests.

This article was posted on 15 April 2014 at indexoncensorship.org