1. Internet Governance: Paradigms and Prospects OECD Ministerial preparatory workshop MINEZ, den Haag 18 October 2007 Chris Marsden (Essex, Cambridge, Keio) cmars@essex.ac.uk

2. OECD Ministerial First for a Decade 1998 Ottawa: subject E-commerce 1998 Ottawa: subject E-commerce 2008 Seoul: subject Web2.0 2008 Seoul: subject Web2.0 What’s changed in Internet governance and regulation since 1997? What’s changed in Internet governance and regulation since 1997?

3. Descriptive LabelDatesMilestonesKey Policy Fora and Decisions Technocratic Until 1993 1962: Architectural principles by Paul Baran 1969: ARPANet 1989: WWW developed by Tim Berners-Lee IETF, W3C, IAB formed initially as academic partnerships Political pre-emption 1993-51993: AOL founded 1993: Netscape browser released 1995: Netscape floatation 1995: Microsoft Internet Explorer bundled into Windows Office suite Bangemann Report 1994, Clinton/Gore ‘vision thing’ Communications Decency Act 1996 (January), Key escrow encryption, EU 1995 Privacy Regulation Soete ‘bit tax’ April 1996 Business- oriented forebearance 1996-81996-2000: Internet ‘dot-com’ bubble 1996: Telecoms Act US results in widespread market entry 1998: European telecoms liberalisation results in widespread market entry 1998: OECD Ministerial on E-commerce Bonn G8 accord September 1996, W3C PICS 1995-8 ACLU v Reno 1995, European ‘Convergence Green Paper’ 1997 and debates GIIC July 1995-2000 (approx.) and GBDE ICANN formation 1998 DCMA 1998 ‘Safe harbour’ EU-US privacy agreement Status quo and The Bubble 1999- 2001 1999-2000: Wave of global telecom/ Internet/media mergers, biggest AOL- TimeWarner 2000 2001-2: Technology and stock market bubble bursts ITU Telecom 99, October G8 Digital Opportunities Taskforce July 2000 UN ICT Taskforce March 2001 ICANN election October 2000 E-Commerce Directive 2000 GBDe 1999-2002 Critical information infrastructure and security regulation 2002-49/11/2001: global security paradigm generational shift 1999-: growth of peer-to-peer networks and copyright ‘piracy’ 2002: Enron, WorldCom, Andersen 2002-4: growth of viruses, spam and ‘botnets’ Patriot Act 2001, Microsoft security impulse, CoE Cybercrime Convention 2002 2002 Data Privacy Regulations 2003 CAN-Spam Act ‘Convergence’ into existing regulatory paradigms 2004-2004: Google IPO 2005: Stock markets recover to 1998 levels 2005-date: Northern Europe and East Asia overtake US in residential broadband deployment, IPv6 and price of connectivity 2008: OECD Ministerial on E-commerce and Internet WSIS (Dec 2003, November 2005) EU debates reforming ISP liability 2004-5 London Action Plan on spam 2004 CoE Cybercrime Convention Part II 2004 and Senate ratification 2005 US ‘duopoly’ telecoms policy 2005 IGF 2006-2010

4. Technocratic Until 1993 1962: Architectural principles by Paul Baran 1969: ARPANet 1989-91: WWW developed by Tim Berners-Lee IETF, W3C, IAB formed initially as academic partnerships

5. Political pre-emption1993-5 1993: AOL founded 1993: Netscape browser released 1995: Netscape flotation 1995: Microsoft Internet Explorer bundled into Windows Office suite 1992-3 Clinton/Gore Information Superhighway ‘vision thing’ 1993-5 Key escrow encryption and clipper chip debate 1994 Bangemann Report 1995 Privacy Directive January 1996 Communications Decency Act February 1996: Perry Barlow ‘Declaration of the Independence of Cyberspace’ Davos April 1996: Soete ‘bit tax’ proposal

6. Business-oriented forbearance1996-8 1996-2000: Internet ‘dot-com’ bubble 1996: Telecoms Act US 1998: European telecoms liberalisation 1998: OECD Ministerial on E-commerce 1996 September : Bonn G7 accord 1995-8 W3C PICS 1997: ACLU v Reno 1997: European ‘Convergence Green Paper’ and debates July 1995-2000 (approx.): GIIC and GBDE 1998: ICANN formation 1998: DCMA 1998-2000: ‘Safe harbor’ EU-US privacy agreement

7. Status quo and The Bubble1999-2001 1999-2000: Wave of global telecom/ Internet/media mergers, biggest AOL- TimeWarner 2000 2001-2: Technology and stock market bubble bursts ITU Telecom 99, October G8 Digital Opportunities Taskforce July 2000 UN ICT Taskforce March 2001 ICANN election October 2000 E-Commerce Directive 2000 GBDe 1999-2002

8. Critical information infrastructure and security regulation 2002-4 9/11/2001: global security paradigm generational shift 1999-: growth of peer-to-peer networks and copyright ‘piracy’ 2002: Enron, WorldCom, Andersen 2002-4: growth of viruses, spam and ‘botnets’ Patriot Act 2001, Microsoft security impulse, CoE Cybercrime Convention 2002 2002 Data Privacy Regulations 2003 CAN-Spam Act

9. ‘Convergence’ into existing regulatory paradigms 2004-? 2004: Google IPO 2005: Stock markets recover to 1998 levels 2005-date: Northern Europe and East Asia overtake US in residential broadband deployment, IPv6 and price of connectivity WSIS (Dec 2003, November 2005) EU debates reforming ISP liability 2004-5 – ‘Cleanfeed’ blocking London Action Plan on spam 2004 CoE Cybercrime Convention Part II 2004 and Senate ratification 2005 US ‘duopoly’ telecoms policy 2005 IGF 2006-2010 2008: OECD Ministerial on E-commerce and Internet

10. Private Sector-Led Deregulation 1990s: GBDe, GIIC Achievements in 1995-8 stated as: the development of guiding principles on a variety of global policies and applications that helped define the GII; a focus on the role of the private sector on issues relating to investment, market access, standards, technology and applications; the engagement of developing country private sector leaders on GII issues; interaction between public officials and the private sector, bringing expanded dialogue and understanding of diverse perspectives and solutions; and the redefinition of the roles of international organizations in the development of the GII http://www.giic.org/about/faq5.asp

11. Current Policy Created Late 1990s ISP liability ISP liability DMCA 1998; EC Copyright Directives DMCA 1998; EC Copyright Directives Telecoms regulation Telecoms regulation 1996 Telecoms Act as implemented by FCC and courts; 1996 Telecoms Act as implemented by FCC and courts; 1997 ‘Convergence’ Green paper led to 2002 E-comms Package 1997 ‘Convergence’ Green paper led to 2002 E-comms Package E-commerce regulation E-commerce regulation Directive EC/2000/31 formulated 1998-9 Directive EC/2000/31 formulated 1998-9 Trustmarks and SSL – TrustE and others Trustmarks and SSL – TrustE and others Privacy regulation Privacy regulation Directive EC/95/46 Directive EC/95/46 ‘Safe Harbor’ (sic) agreement 2000 and 2002 E-Privacy Directive ‘Safe Harbor’ (sic) agreement 2000 and 2002 E-Privacy Directive Content self-regulation Content self-regulation Hotlines (IWF 1996) and Codes of Conduct (Safer Internet Action Plan 1997) Hotlines (IWF 1996) and Codes of Conduct (Safer Internet Action Plan 1997)

12. Zoe Baird/Stefaan Verhulst (2002 November) Governing the Internet: Engaging Government, Business, and Nonprofits, Foreign Affairs ‘‘The rapid growth of the Internet has led to a worldwide crisis of governance. “In the early years of Internet development, the prevailing view was that government should stay out of Internet governance; market forces and self- regulation would suffice to create order and enforce standards of behavior. “But this view has proven inadequate as the Internet has become mainstream.’’

13. Taking Self-Regulation Seriously? Implementation of Directives patchy Implementation of Directives patchy Widespread reporting of abuses e.g. privacy Widespread reporting of abuses e.g. privacy Implementation of self-regulation scratchy Implementation of self-regulation scratchy Widespread view of ‘Potemkin’ bodies Widespread view of ‘Potemkin’ bodies with no substance behind the glossy websites with no substance behind the glossy websites Wide consumer adoption of broadband Wide consumer adoption of broadband Digital Divide remains; mobile and wireless prospects Digital Divide remains; mobile and wireless prospects Ubiquitous connectivity for digitally enabled Ubiquitous connectivity for digitally enabled Content creation and sharing Content creation and sharing Creative Commons, Peer-to-peer, ‘rip mix burn’, mashing Creative Commons, Peer-to-peer, ‘rip mix burn’, mashing

14. Multistakeholderisation Industry/government paradigm of 1990s Industry/government paradigm of 1990s Supplemented by academic/geek experts Supplemented by academic/geek experts ‘Rough consensus and running code’ cliché ‘Rough consensus and running code’ cliché 2000s NGOs join policy-making 2000s NGOs join policy-making Civil society illegitimate and unaccountable Civil society illegitimate and unaccountable Claimed to be dynamic – but outside UN agencies? Claimed to be dynamic – but outside UN agencies? Note ‘progress’ at IGF and WIPO, as well as UNESCO Note ‘progress’ at IGF and WIPO, as well as UNESCO Is it McBride mark II? Is it McBride mark II? Is this a new paradigm or an activist phase? Is this a new paradigm or an activist phase? What’s new about it? What’s new about it? Bits of Freedom/EDRI Bits of Freedom/EDRI Electronic Frontier Foundation Electronic Frontier Foundation Chaos Computer Club Chaos Computer Club

15. Does Web2.0 need Regulation 2.0? Two alternative futures (and the present) 1. Do nothing – rely on 1990s settlement 2. Co-regulation – enforced self-regulation 3. User-generated regulation 1. Abuse buttons for stalking/inappropriate 2. Rating by users – by self and others 3. New forms of netiquette 4. Dynamic feedback to site owners 5. BUT does it need legislative pressure/surveillance?