| Internet Reform : Who Should Master the Domains?
GENEVA (IPS) - As the WSIS opens, the international community finds it self drawn into the
debate over whether the Internet's core infrastructurethe domains should
remain managed by industry or be taken over by governments, via the United
Nations. |
The public lines drawn in this dispute suggest it is a struggle between
free-market forces in California and multilateralist world leaders chafing
at U.S. control over the mushrooming Internet.
But the reality is more complex
Domain names (such as "www.ips.org") are the unique identifiers needed to
route e-mail, find pages on the World Wide Web, and connect to other
Internet resources.
Soon after the "Net" was born, the need to enforce uniqueness, to prevent
two people from attempting to use the exact same domain, created the need
for a body to monitor and assign the names.
While the Internet was small, the DNS and the Internet Protocol (IP) address
space allocation was run by a combination of volunteers, the National
Science Foundation (NSF) and U.S. government civilian and military
contractors.
That quickly changed
"The Internet's exponential growth placed strains on the somewhat ad hoc
system for managing the DNS, and what had been primarily technical issues
became political, legal and economic problems that attracted high-level
official attention," according to the website of ICANNwatch.org, a watchdog
group that publishes ICANN-related news.
Now ICANN, the California-based Internet Corporation for Assigned Names and
Numbers, allocates IP address space and manages the domain name system. It
also helps set technical rules for how the Internet operates.
Whoever controls the DNS has significant power, including the ability to
decide what new families of domain names can exist - new suffixes like
.union, for example - and how names and essential routing numbers will be
assigned.
As attractive domain names using .com became scarce, disputes over them
became increasingly common, and pressure mounted for the creation of new
suffixes like .shop or .web.
"Although technically trivial to implement, the proposals ran into intense
counter-pressure from intellectual property rights holders who already faced
mounting problems with cybers quatters speculators who registered domain
names corresponding to trademarks and held them for profit," explains
ICANNwatch.org.
Governments in the European Union (EU) began to express concern about the
United States' influence over such a crucial component of the mushrooming
technology.
Five years ago, in response to a U.S. Department of Commerce initiative, the
non-profit quasi-private organisation ICANN came into being.
One of its early moves was to push Network Solutions, Inc. (NSI), the
dominant registrar of domain names, to allow more competition, including
America Online, CORE, France Telecom, Melbourne IT, and register.com. ICANN
also instituted mandatory arbitration of trademark claims, meaning everyone
who registered a .com, .org or .net domain had to agree to arbitration if a
trademark owner felt aggrieved by the registration of a term similar to his
or her trademark.
That move was very contentious, with trademark holders arguing that
arbitration did not go far enough to protect their assets, while civil
liberty groups countered that the system violated basic norms of due
process, and that the arbitrators were not acting fairly.
Others complained that ICANN's board of directors - although it includes
non-U.S. members - was not representative enough.
In 2001, the body identified seven new top-level domains (TLDs),
including.info and .biz, but declined to recommend 35 others. The selection
process was controversial, and the losing applicants protested. According to
ICANNwatch.org, the problem with the domains system is its lack of
accountability.
"In addition to avoiding governmental accountability mechanisms, ICANN lacks
much of the accountability normally found in corporations and in
nonprofits," such as competition and shareholder monitoring.
In an inteview with CircleID.com, ICANNwatch.org editor Milton Mueller,
argues that, "so much of what happened in the ICANN arena happened by
default, because no one had a better proposal that significant groups had
converged on and understood the implications of".
As the Internet grew, competitors and governments took a keener interest in
the work of ICANN, which faced increased pressure as the business of selling
domain names collapsed and ICANN proved inept at performing some of its
tasks.
The most visible quarrel broke out between ICANN and VeriSign, which
operates the .com and .net databases (and earns 6 dollars a year per address
registered). In September, VeriSign launched a service that redirected users
who mistyped a .com or .net address to its own search engine, on which it
sold advertising.
This caused problems, as it fooled certain filters designed to weed out
Internet junk, or "spam", into assuming that some junk e-mail was genuine.
ICANN threatened to sue, and VeriSign withdrew the service.
The initiative signalled how the market for Internet addresses had changed.
VeriSignwith a market share of 25 percentneeds new sources of income, since
selling names and operating the registrar is not as profitable as it once
was.
VeriSign's challenge also revealed the extent to which ICANN's authority is
in doubt.
During a September preparatory meeting for the WSIS, some countriesincluding
China, India, South Africa, Brazil and Saudi Arabiabacked a proposal that
the United Nations-affiliated International Telecommunication Union (ITU)
take charge of ICANN's responsibilities.
The ITU said it could not comment for this article, because as a U.N. agency
it cannot speak on behalf of member states.
A well-informed source, who did not want to be identified, argued that the
question is not whether ICANN can be replaced by the ITU, but whether some
portions of ICANN's responsibilities can be better managed.
If the ITU did take over some of ICANN's role, it would not deal with
disputes over domain names or the VeriSign case, for example. "They're not
part of ITU's mandate," the source said. The first issue is a "national
matter", the second a commercial affair.
But the ITU could get involved in issues that touch on international policy
and standards, added the source.
"I don't like governments, but why should I trust the ICANN? What's the
alternative? ICANN could've been the alternative, but they don't have a
representative board. They are a classic example of an oligarchy, an old-boy
network that is not accountable to anybody."
"ITU is more accountable in numerous ways," he added. "The member states
have to agree, there are regulations about who does what, the decision
process is transparent, there are strong formal procedures."
Last month South African President Thabo Mbeki said the WSIS should discuss
ICANN's powers, "otherwise the world continues to be governed by California
law". The suggestion came soon after South Africa country took legal control
of its country domain, .za, without seeking ICANN approval.
Supporters of such a plan include China or Saudi Arabia, hardly freedom of
expression champions. But "content control has nothing to do with ITU," said
the source.
In any case "the countries won't ever agree on such a thing unless by some
miracle", he predicted.
Mueller sees the proposal differently. "In WSIS, they ask for making ICANN
into an intergovernmental organization so that states can control it, and
presumably kick civil society out of all serious deliberations, as they do
in WSIS."
"It is also worth emphasizing strongly that simple jealousy of U.S.
dominance is no substitute for a coherent policy regarding governance. The
issue is the distribution of power, not nationality," added Mueller.
"An Internet governance system dominated by the EU or China or Brazil might
make Europeans, Chinese or Brazilians happier (or would it?) but it would
hardly be more just," added Mueller.
Observers say three blocs have emerged in the dispute: the first group sees
ITU as ICANN's successor; the EU believes that ICANN is not ideal but could
be improved; while the United States is happy with the current arrangement.
The source predicts that the divide over ICANN could degenerate into bitter
discussions that could leave the WSIS without an agreement, "like Cancun".
The risks of such an outcome are unknown. In the past, the debate over how
to run the Internet has focussed on the risk that too much government
regulation might hinder innovation. But after the VeriSign case,
unrestrained commercialisation looks as big a danger.
Links:
ICANNWatch
ICANN
International Telecommunication Union
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