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

Index Freedom of Expression Awards: Digital activism nominee Tails

Awards TAILS

The Incognoto Amnesiac Live Operating System (TAILS) is an open-source encryption tool that can help protect the free online communication of journalists and sources in any country, regardless of official limits on free expression.

Tails was developed by a global network of individuals, working in international obscurity, united in their dedication to protecting the security of computer users. This is a vital service to journalists and activists working in the NSA era and closed societies, where authorities rely heavily on censorship and tracking of online activity to clamp down on dissent.

Tails is an operating system, much like Windows and Mac OS, and can be used by anyone, anywhere, without having to have substantial technical knowledge. A member of the anonymous group behind the creation of Tails  spoke with Alice Kirkland about their nomination and why online security is not just a requirement for journalists and hackers.

Index: How does it feel to be nominated for the Index on Censorship digital activism award and why do you think Tails was nominated?

Tails: It is an honour to be on the list of nominees. Especially after all that happened this year! We find it interesting to see a free software project in such a list. I think Tails was nominated because we are the safest operating system available for online anonymity and digital activists. This was even acknowledged by the NSA itself.

Index: What is the importance of internet security and how has this changed over recent months?

Tails: The fact is that in our modern world our communications are inevitably more and more mediated by digital technologies. On the other hand, the characteristics of digital communications as well as the way the internet is built create a very interesting challenge: it is relatively easy to spy on people on the internet, but it is also relatively easy to defeat this spying by using the right techniques.

I don’t think that the nature or the role of internet security changed over the recent months. The recent Snowden revelations only confirm the assumptions on which our work is based. What really changed is the public awareness regarding those issues. It is now hard to deny that internet security has to do with politics and not only with technology.

Index: Do you think journalists should have access to different online security options than the general public?

Tails: I don’t think so. We all need efficient tools to protect our communications online whether you are a journalist, an activist, a hacker, or a layperson. Recent events, from the Snowden revelations to the Arab Spring, proved that the boundaries between those roles are actually being challenged by the way people use the internet.

Furthermore, from a more technical point of view, anonymity tools like Tor need a wide range of users in order to protect the anonymity of every one of them. Tor is being used equally by dissident bloggers, privacy concerned citizens, whistleblowers, businesses, victims of intimate partner abuse, and even military and law enforcement agencies.

Anonymity loves company.

Index: What was the thought process behind Tails and how has the software evolved over time?

Tails: The first version of Tails announced on our website dates back from June 23, 2009. Our vision was to create a toolbox for computer security that would be easy to use and hard to misuse. The challenge was to combine very good security by default while being accessible to a large public.

Since then, we released 34 versions of Tails and we have been really successful. In 2013, our approximate number of users was multiplied by 2.5. Today, someone is starting Tails every 10 seconds somewhere in the world.

Just to give an example, all connections to the internet are forced to go through the Tor network without having to configure anything. I think that we share the same target audience as the people who are using the Tor network.

The main function of tails is to hide the location of internet users.

Index: What other features does Tails have for its users?

Tails: For us online anonymity is only one of the major aspects of Tails:

– Online anonymity. All connections to the Internet are forced to go through Tor or I2P, which is the second anonymity network available in Tails.

– Amnesia. Tails runs from a DVD or USB stick and by default leaves no trace on the computer that you are using. This allows you to use Tails almost anywhere and also prevents you from leaving traces of sensitive data on computers.

– Cryptography toolbox. Tails provides a selection of state-of-the-art cryptographic tools to encrypt your files, emails and instant messaging, selected for their security features and ease of use.

Index: What role does freedom of expression have to play in the debate surrounding online privacy and where do you see the future of this?

Tails: Tools such as Tails or Tor relate to both online privacy (private communications), and freedom of expression (opinions expressed publicly). For example, Tails can be vital to both an activist writing a dissident blog, and a victim of intimate partner abuse communicating with her lawyer. In this case, the actual technology used to protect both freedom of expression and privacy on the internet is the same.

Still, the recent leaks proved that freedom of expression is a central mechanism in bringing those issues to the public debate and making clear they are political issues, and not merely technical issues.

Index: Online privacy and the NSA received a lot of media coverage over the past year. Would Tails have come about if it wasn’t for the likes of WikiLeaks & Edward Snowden?

Tails: As our record of releases proves, Tails existed before the NSA leaks, and even before the major WikiLeaks releases in 2010. I think that in this recent history, the tools and the way they are being used have a symbiotic relationship. Recent whistleblowers probably used online security tools such as Tor and Tails. In turn, the consequent media coverage and public interest provides us with a social context that is positive for the further development of our tools.

Index Freedom of Expression Awards
#indexawards2014 The nominees are…

Nominees: Advocacy | Arts | Digital Activism | Journalism

Join us 20 March 2014 at the Barbican Centre for the Freedom of Expression Awards


This article was posted on March 17, 2014 at indexoncensorship.org

Turkey’s proposed internet law met with strong opposition

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

Turkish authorities have this week come under severe criticism for their proposed amendments to the country’s internet law, which among other things, would effectively allow the government to block websites.

The changes, tabled by the Family and Social Policy Ministry of Prime Minister Recep Tayyip Erdogan’s government, “would give the transport and communication minister the power to block websites deemed to infringe privacy, as well as compelling internet service providers to retain information of their customers’ movements on the net,” reports The Financial Times. “The measure, attached to an omnibus bill, increasing its chances of passage, would also require ISPs to restrict access to proxy sites, which can allow users to circumvent censorship,” it added.

DW reports that “the director of Turkey’s internet regulatory agency would be allowed to act immediately and unilaterally “in case of emergency”. After 48 hours, those decisions would theoretically have to be approved by a judge.” It also states that “under the new law, the government would also be allowed to block individual URLs instead of entire websites” — meaning they could technically block individual social media profiles — and that ISPs would be forced “to join a state-controlled association in order to continue doing business”.

The move comes after a high-profile corruption scandal which has implicated parts of the country’s political elite, and as the government is also trying to increase its power over the judicial branch. However, it is also believed to be part of an ongoing crackdown on internet freedom, and connected to the widespread use of social media during the anti-government Gezi Park protests last summer.

“According to Google’s most recent transparency report, the Turkish government requested the removal of 9,610 items from the internet in the first half of 2013, the most in the world and about three times as many as the United States, which had the second-most,” writes Slate. “Google complied with only 13 percent of Turkey’s requests, which included “a court order to remove any search results linking to information about a political official and sex scandal,” “a Google+ profile picture showing a map of Kurdistan,” and “17 YouTube videos and 109 blog posts that contained content critical of Ataturk.” YouTube was blocked entirely over videos deemed insulting to Ataturk in March.”

Only last Friday, video sharing site Vimeo was blocked. “The blocking of Vimeo came after protesters frequently used the website to share videos covering the nation-wide anti-government demonstrations during month-long Gezi protests in last summer,” writes Cihan. “The move is seen by many people as silencing internet tools to prevent dissidents and citizen journalists from sharing video footage regarding any social and political activity,” they add.

The proposal has been met with high-level opposition.

“The law, which results in limiting the individual’s fundamental rights and freedoms, has also been subject to a ‘rights violation’ ruling of the European Court of Human Rights,”the Turkish Industry and Business Association (TÜSİAD) said in a statement, reported by Hurriyet Daily News. “In such a situation, the planned amendments to the law are concerning and will increase censorship on the internet. The draft should be cleared of articles that could harm the fundamental rights and freedoms and the internet economy that is growing every day.”

The head of the Turkish Informatics Foundation (TBV), Faruk Eczacibasi has also spoken out: “We have been saying since 2007, when this law came into force, that it would harm our country’s chances of becoming a society based on knowledge. In 2012, the European Court of Human Rights also ruled that this law violated the freedom of expression as well as other human rights,” reports Al-Monitor, adding that “at a time when we continue to call for these mistakes to be corrected, and for human rights to be respect while monitoring the internet, we regret to see the exact opposite happening”.

However, the government has hit back. “With the new legal arrangement, we intend to protect individual rights. Let’s say one of our citizens has become a victim [of a privacy breach]. He won’t have to wait for an answer from the provider of the content. He can directly apply to the court for it,” said Transport and Communication Minister Lütfi Elvan, reports Turkish Weekly.

“This legal arrangement is by no means a regulation that brings censorship. It is one that helps [Turkey] to reach the standards of developed countries and makes the present law more functional.”

But lawyer Serhat Koç, a spokesperson for the Pirate Party of Turkey told bianet: “If the draft will be implemented, the life will harder for internet users in Turkey. Censors on citizen journalism, scientific research and social media will be a routine.”

Al-Shabab announce ban on internet in Somalia

People in territories controlled by al-Shabab are banned from using “mobile internet and fiber optic technology”, the group announced in a radio message and subsequent written statement on Wednesday. Internet service providers have been given 15 days to comply with the ban.

The country’s two main ISPs, Hortel Inc and Nationlink Telecom, had this morning yet to respond to the demands, reports Al Jazeera English. Details on how such a ban would be effectively implemented and enforced, beyond that those found to be in violation of it would be “considered to be working with the enemy” and “dealt with in accordance Sharia law” were not provided.

While al-Shabab has lost some footing in recent times, especially in urban areas, they still hold control in many rural parts in the country. This is not the first time that control has been used to crack down on access to freedom of expression. Late last year, the group banned use of smart phones and satellite TV. Previously, they have banned BBC radio broadcasts.

This latest moved comes not long after news that Somalia is to get high speed internet from 2014.