1. Global Internet Governance Global Internet Governance: Where You Fit In by Jeremy Malcolm A presentation to members of the WA Internet Association 15 October 2007

2. Outline The evolution of Internet governance Decentralised governance Hierarchical governance Multi-stakeholder/network governance Domestic governance Co-regulation (spam, content regulation) Participatory democracy (government, auDA) Transnational governance Constituency-based (ICANN) Multi-stakeholder (IGF)

3. Internet governance What is it? Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet. – WGIG, 2005 Includes: Technical coordination (domain names, IP addresses) Standards development (specifications for Web, email) Public policy governance (spam, cybercrime, privacy)

4. Decentralised governance ISOC Example of (public policy) governance through norms Home of the IETF, “The Internet is for Everyone” IETF Example of (standards) governance through architecture “We believe in rough consensus and running code” But also impacts policy! (See RFC 2804 on wiretapping) ICANN Example of (technical coordination) through markets Contracted to the US government to administer DNS root

5. Hierarchical governance Intellectual property The DMCA “take down first, ask questions later” The United States—Australia FTA Domain names ccTLDs transformed from identifiers to sovereign assets US Commerce Department intervention on.xxx VoIP regulation Clash with telecommunications regulation (ITU) Some countries tax or outlaw VoIP altogether

6. Network governance WSIS World Summit on the Information Society 2003-2005 in consultation with private sector and civil society WGIG – the multi-stakeholder Working Group on Internet Governance called by WSIS to report on disputed issues IGF Multi-stakeholder forum recommended by WGIG, accepted by WSIS, with a five-year initial mandate Regional level CGI.br: Brazilian Internet Steering Committee

7. Domestic governance Co-regulation Industry-drafted, registered with the ACMA Telecommunications Act by ACIF Broadcasting Services Act by IIA Spam by IIA, WAIA and SAIA Applies to an entire industry sector ACMA can direct compliance Participatory democracy auDA (cf Nominet, SIDN) Australian Government consultation blog on way!

8. Transnational governance ICANN A Board of Directors nominated by the SOs and NomCom Five Advisory Committees including the ALAC Indirectly represents the Internet community at large APRALO is our local RALO Only organisations can join, ISOC-AU has, WAIA not Three Supporting Organisations including the GNSO Itself has five constituency groups, including: Commercial and business users ISPs Non-commercial users

9. WSIS outcomes – Geneva Geneva Declaration of Principles 11 principles, including “management of the Internet... should involve all stakeholders” “in their respective roles” Geneva Plan of Action For pursuing the 11 principles (such as capacity building) WGIG Report Identified 13 public policy issues: Root servers, Interconnection, Security/cybercrime, Spam, Policy participation, Capacity building, Top-level domains, IP addressing, Intellectual property, Freedom of speech, Privacy, Consumer rights, Multilingualism

10. WSIS outcomes – Tunis Tunis Agenda Process of “enhanced cooperation” Governments lead development of policy principles Subject to consultation with other stakeholders Seems to include but not be limited to the IGF Has gone nowhere fast Internet Governance Forum's mandate includes: Discuss public policy issues related to IG Facilitate discourse between IG bodies Promote capacity building in developing countries Identify emerging issues and make recommendations where appropriate

11. Internet Governance Forum Composition Plenary body – open to all but primarily meatspace event Secretariat – appointed by the UN Secretariat Advisory group – likewise! 46 multi-stakeholder members Dynamic coalitions – self-organised working groups Themes Openness – freedom of expression, access to knowledge Security – cybercrime, spam, privacy, network attacks Diversity – multilingualism Access – digital divide, interconnection costs, standards Overall development orientation, capacity building as a cross-cutting priority

12. Hawks and doves Hawks Development country governments, civil society A process not a meeting Emphasise action IGF should make recommendations Dynamic coalitions should be like working groups Stakeholders should appoint Advisory Group Doves OECD governments, tech community, private sector A meeting not a process Emphasise dialogue “Policy authority the sovereign right of states” Dynamic coalitions have no formal link to the IGF The United Nations has more legitimacy to do so

13. The Rio Meeting Critical Internet Resources “The elephant in the room” – ICANN Hierarchical US control broadly unacceptable Private sector control unacceptable to some governments (hence the “process towards enhanced cooperation”) But is ICANN also an example of governance by network? More formal structure of Supporting Organisations and Advisory Committees including a GAC for governments No agreed statement “Speed dialogues” sessions scheduled but dropped Dynamic coalitions may present their reports

14. Conclusion Internet governance is evolving from decentralised to hierarchical to network multi-stakeholder governance a model for other regimes On a domestic level: directly contribute to industry consultations and to the development of co-regulatory codes; or indirectly through participation in WAIA and ISOC-AU On a transnational level: participate in ICANN through APRALO and the GNSO participate in the IGF directly online or through me in Rio

15. Questions? Contact me: Jeremy@Malcolm.id.au My thesis on the IGF: http://www.malcolm.id.au/thesis/http://www.malcolm.id.au/thesis/ Join my mailing list for updates: http://igfwatch.org/wwshttp://igfwatch.org/wws A blog for commentary on the IGF: http://igfwatch.org/http://igfwatch.org/ See also: http://www.intgovforum.org/ (the official IGF site)http://www.intgovforum.org/ http://www.icann.org/ (the official ICANN site)http://www.icann.org/ But see also http://www.icannwatch.orghttp://www.icannwatch.org http://www.itu.int/wsis and http://www.wgig.org/http://www.itu.int/wsishttp://www.wgig.org/ http://www.isoc.org/ and http://www.isoc-au.org.au/http://www.isoc.org/http://www.isoc-au.org.au/