ICANN, the International Community, and Internet Governance

Because cyberspace and the Internet transcend national boundaries, and because the successful

functioning of the DNS relies on participating entities worldwide, ICANN is by definition an

international organization. Both the ICANN Board of Directors and the various constituency

groups who influence and shape ICANN policy decisions are composed of members from all over

the world. Additionally, ICANN’s Governmental Advisory Committee (GAC), which is

composed of government representatives of nations worldwide, provides advice to the ICANN

Board on public policy matters and issues of government concern. Although the ICANN Board is

required to consider GAC advice and recommendations, it is not obligated to follow those

recommendations.

Many in the international community, including foreign governments, have argued that it is

inappropriate for the U.S. government to maintain its legacy authority over ICANN and the DNS,

and have suggested that management of the DNS should be accountable to a higher

intergovernmental body. The United Nations, at the December 2003 World Summit on the

Information Society (WSIS), debated and agreed to study the issue of how to achieve greater

international involvement in the governance of the Internet and the domain name system in

particular. The study was conducted by the U.N.’s Working Group on Internet Governance

(WGIG). On July 14, 2005, the WGIG released its report, stating that no single government

should have a preeminent role in relation to international Internet governance. The report called

for further internationalization of Internet governance, and proposed the creation of a new global

forum for Internet stakeholders. Four possible models were put forth, including two involving the

creation of new Internet governance bodies linked to the U.N. Under three of the four models,

ICANN would either be supplanted or made accountable to a higher intergovernmental body. The

report’s conclusions were scheduled to be considered during the second phase of the WSIS held

in Tunis in November 2005. U.S. officials stated their opposition to transferring control and

administration of the domain name system from ICANN to any international body. Similarly, the

109th Congress expressed its support for maintaining U.S. control over ICANN (H.Con.Res. 268

and S.Res. 323).39

The European Union (EU) initially supported the U.S. position. However, during September 2005

preparatory meetings, the EU seemingly shifted its support towards an approach which favored an

enhanced international role in governing the Internet. Read more here from FAS.

President Barack Obama’s drive to hand off control of Internet domains to a foreign multi-national operation will give some very unpleasant regimes equal say over the future of online speech and commerce.

Breitbart: In fact, they are likely to have much more influence than America, because they will collectively push hard for a more tightly controlled Internet, and they are known for aggressively using political and economic pressure to get what they want.

Here’s a look at some of the regimes that will begin shaping the future of the Internet in just a few days, if President Obama gets his way.

China

China wrote the book on authoritarian control of online speech. The legendary “Great Firewall of China” prevents citizens of the communist state from accessing global content the Politburo disapproves of. Chinese technology companies are required by law to provide the regime with backdoor access to just about everything.

The Chinese government outright banned online news reporting in July, granting the government even tighter control over the spread of information. Websites are only permitted to post news from official government sources. Chinese online news wasn’t exactly a bastion of freedom before that, of course, but at least the government censors had to track down news stories they disliked and demand the site administrators take them down.

Related reading: Dangerous Transfer: The President’s ICANN Internet Problem

Unsurprisingly, the Chinese Communists aren’t big fans of independent news analysis or blogging, either. Bloggers who criticize the government are liable to be charged with “inciting subversion,”even when the writer in question is a Nobel Peace Prize winner.

Chinese citizens know better than to get cheeky on social media accounts, as well. Before online news websites were totally banned, they were forbidden from reporting news gathered from social media, without government approval. Spreading anything the government decides is “fake news” is a crime.

In a report labeling China one of the worst countries for Internet freedom in the world, Freedom House noted they’ve already been playing games with Internet registration and security verification:

The China Internet Network Information Center was found to be issuing false digital security certificates for a number of websites, including Google, exposing the sites’ users to “man in the middle” attacks.

The government strengthened its real-name registration laws for blogs, instant-messaging services, discussion forums, and comment sections of websites.

A key feature of China’s online censorship is that frightened citizens are not entirely certain what the rules are. Huge ministries work tirelessly to pump out content regulations and punish infractions. Not all of the rules are actually written down. As Foreign Policy explained:

Before posting, a Chinese web user is likely to consider basic questions about how likely a post is to travel, whether it runs counter to government priorities, and whether it calls for action or is likely to engender it. Those answers help determine whether a post can be published without incident — as it is somewhere around 84 percent or 87 percent of the time — or is instead likely to lead to a spectrum of negative consequences varying from censorship, to the deletion of a user’s account, to his or her detention, even arrest and conviction.

This was accompanied by a flowchart demonstrating “what gets you censored on the Chinese Internet.” It is not a simple flowchart.

Beijing is not even slightly self-conscious about its authoritarian control of the Internet. On the contrary, their censorship policies are trumpeted as “Internet sovereignty,” and they aggressively believe the entire world should follow their model, as the Washington Post reported in a May 2016 article entitled “China’s Scary Lesson to the World: Censoring the Internet Works.”

China already has a quarter of the planet’s Internet users locked up behind the Great Firewall. How can anyone doubt they won’t use the opportunity Obama is giving them, to pursue their openly stated desire to lock down the rest of the world?

Russia

Russia and China are already working together for a more heavily-censored Internet. Foreign Policy reported one of Russia’s main goals at an April forum was to “harness Chinese expertise in Internet management to gain further control over Russia’s internet, including foreign sites accessible there.”

Russia’s “top cop,” Alexander Bastrykin, explicitly stated Russia needs to stop “playing false democracy” and abandon “pseudo-liberal values” by following China’s lead on Internet censorship, instead of emulating the U.S. example. Like China’s censors, Russian authoritarians think “Internet freedom” is just coded language for the West imposing “cultural hegemony” on the rest of the world.

Just think what Russia and China will be able to do about troublesome foreign websites, once Obama surrenders American control of Internet domains!

Russian President Vladimir Putin has “chipped away at Internet freedom in Russia since he returned to the Kremlin in 2012,” as International Business Times put it in a 2014 article.

One of Putin’s new laws requires bloggers with over 3,000 readers to register with the government, providing their names and home addresses. As with China, Russia punishes online writers for “spreading false information,” and once the charge is leveled, it’s basically guilty-until-proven-innocent. For example, one of the “crimes” that can get a blogger prosecuted in Russia is alleging the corruption of a public official, without ironclad proof.

Human-rights group Agora estimates that Russian Internet censorship grew by 900% in 2015 alone, including both court orders and edicts from government agencies that don’t require court approval. Censorship was expected to intensify even further throughout 2016. Penalties include prison time, even for the crime of liking or sharing banned content on social media.

Putin, incidentally, has described the entire Internet as a CIA plot designed to subvert regimes like his. There will be quite a few people involved in the new multi-national Internet control agency who think purging the Web of American influence is a top priority.

The Russian government has prevailed upon Internet Service Providers to block opposition websites during times of political unrest, in addition to thousands of bans ostensibly issued for security, crime-fighting, and anti-pornography purposes.

Many governments follow the lead of Russia and China in asserting the right to shut down “extremist” or “subversive” websites. In the United States, we worry about law enforcement abusing its authority while battling outright terrorism online, arguing that privacy and freedom of speech must always be measured against security, no matter how dire the threat. In Russia, a rough majority of the population has no problem with the notion of censoring the Internet in the name of political stability, and will countenance absolutely draconian controls against perceived national security threats. This is a distressingly common view in other nations as well: stability justifies censorship and monitoring, not just physical security.

Turkey

Turkey’s crackdown on the Internet was alarming even before the aborted July coup attempt against authoritarian President Recep Tayyip Erdogan.

Turkey has banned social media sites, including temporary bans against even giants like Facebook and YouTube, for political reasons. Turkish dissidents are accustomed to such bans coming down on the eve of elections. The Turkish telecom authority can impose such bans without a court order, or a warning to offending websites.

Turkey is often seen as the world leader in blocking Twitter accounts, in addition to occasionally shutting the social media service down completely, and has over a 100,000 websites blacklisted. Criticizing the government online can result in anything from lost employment to criminal charges. And if you think social-media harassment from loyal supporters of the government in power can get pretty bad in the U.S., Turks sometimes discover that hassles from pro-regime trolls online are followed by visits from the police.

Turkish law infamously makes it a crime to insult the president, a law Erdogan has already attempted to impose beyond Turkey’s borders. One offender found himself hauled into court for creating a viral meme – the sort of thing manufactured by the thousands every hour in America – that noted Erdogan bore a certain resemblance to Gollum from Lord of the Rings. The judge in his case ordered expert testimony on whether Gollum was evil to conclusively determine whether the meme was an illegal insult to the president.

The Turkish example introduces another idea common to far too many of the countries Obama wants to give equal say over the future of the Internet: intimidation is a valid purpose for law enforcement. Many of Turkey’s censorship laws are understood to be mechanisms for intimidating dissidents, raising the cost of free speech enough to make people watch their words very carefully. “Think twice before you Tweet” might be good advice for some users, but regimes like Erdogan’s seek to impose that philosophy on everyone. This runs strongly contrary to the American understanding of the Internet as a powerful instrument that lowers the cost of speech to near-zero, the biggest quantum leap for free expression in human history. Zero-cost speech is seen as a big problem by many of the governments that will now place strong hands upon the global Internet rudder.

Turkey is very worried about “back doors” that allow citizens to circumvent official censorship, a concern they will likely bring to Internet control, along with like-minded authoritarian regimes. These governments will make the case that a free and open Internet is a direct threat to their “sovereign right” to control what their citizens read. As long as any part of the Internet remains completely free, no sector can be completely controlled.

Saudi Arabia

The Saudis aren’t too far behind China in the Internet rankings by Freedom House. Dissident online activity can bring jail sentences, plus the occasional public flogging.

This is particularly lamentable because Saudi Arabia is keenly interested in modernization, and sees the Internet as a valuable economic resource, along with a thriving social media presence. Freedom House notes the Internet “remains the least repressive space for expression in the country,” but “it is by no means free.”

“While the state focuses on combatting violent extremism and disrupting terrorist networks, it has clamped down on nonviolent liberal activists and human rights defenders with the same zeal, branding them a threat to the national order and prosecuting them in special terrorism tribunals,” Freedom House notes.

USA Today noted that as of 2014, Saudi Arabia had about 400,000 websites blocked, “including any that discuss political, social or religious topics incompatible with the Islamic beliefs of the monarchy.”

At one point the blacklist included the Huffington Post, which was banned for having the temerity to run an article suggesting the Saudi system might “implode” because of oil dependency and political repression. The best response to criticism that your government is too repressive is a blacklist!

The Saudis have a penchant for blocking messaging apps and voice-over-IP services, like Skype and Facetime. App blocking got so bad that Saudi users have been known to ask, “What’s the point of having the Internet?”

While some Saudis grumble about censorship, many others are active, enthusiastic participants in enforcement, filing hundreds of requests each day to have websites blocked. Religious figures supply many of these requests, and the government defends much of its censorship as the defense of Islamic values.

As with other censorious regimes, the Saudi monarchy worries about citizens using web services beyond its control to evade censorship, a concern that will surely be expressed loudly once America surrenders its command of Internet domains.

For the record, the Saudis’ rivals in Iran are heavy Internet censors too, with Stratfor listing them as one of the countries seeking Chinese assistance for “solutions on how best to monitor the Iranian population.”

North Korea

You can’t make a list of authoritarian nightmares without including the psychotic regime in Pyongyang, the most secretive government in the world.

North Korea is so repressive the BBC justly puts the word “Internet” in scare quotes, to describe the online environment. It doesn’t really interconnect with anything, except government propaganda and surveillance. Computers in the lone Internet cafe in Pyongyang actually boot up to a customized Linux operating system called “Red Star,” instead of Windows or Mac OS. The calendar software in Red Star measures the date from the birth of Communist founder Kim Il-sung, rather than the birth of Christ.

The “Internet” itself is a closed system called Kwangmyong, and citizens can only access it through a single state-run provider, with the exception of a few dozen privileged families that can punch into the real Internet.

Kwangmyong is often compared to the closed “intranet” system in a corporate office, with perhaps 5,000 websites available at most. Unsurprisingly, the content is mostly State-monitored messaging and State-supplied media. Contributors to these online services have reportedly been sent to re-education camps for typos. The North Koreans are so worried about outside contamination of their closed network that they banned wi-fi hotspots at foreign embassies, having noticed information-starved North Korean citizens clustering within range of those beautiful, uncensored wireless networks.

This doesn’t stop South Koreans from attempting cultural penetration of their squalid neighbor’s dismal little online network. Lately they’ve been doing it by loading banned information onto cheap memory sticks, tying them to balloons, and floating them across the border.

Sure, North Korea is the ultimate totalitarian nightmare, and since they have less than two thousand IP addresses registered in the entire country, the outlaw regime won’t be a big influence on Obama’s multi-national Internet authority, right?

Not so fast. As North Korea expert Scott Thomas Bruce told the BBC, authoritarian governments who are “looking at what is happening in the Middle East” see North Korea as a model to be emulated.

“They’re saying rather than let in Facebook, and rather than let in Twitter, what if the government created a Facebook that we could monitor and control?” Bruce explained.

Also, North Korea has expressed some interest in using the Internet as a tool for economic development, which means there would be more penetration of the actual global network into their society. They’ll be very interested in censoring and controlling that access, and they’ll need a lot more registered domains and IP addresses… the very resource Obama wants America to surrender control over.

Bottom line: contrary to left-wing cant, there is such a thing as American exceptionalism – areas in which the United States is demonstrably superior to every other nation, a leader to which the entire world should look for examples. Sadly, our society is losing its fervor for free expression, and growing more comfortable with suppressing “unacceptable” speech, but we’re still far better than anyone else in this regard.

The rest of the world, taken in total, is very interested in suppressing various forms of expression, for reasons ranging from security to political stability and religion. Those governments will never be comfortable, so long as parts of the Internet remain outside of their control. They have censorship demands they consider very reasonable, and absolutely vital. The website you are reading right now violates every single one of them, on a regular basis.

There may come a day we can safely remand control of Internet domains to an international body, but that day is most certainly not October 1, 2016.