ICANN, IANA, US Government, Internet Stewardship

The US Department of Commerce's NTIA really had no choice once the Snowden revelations were known--among many things the world learned was that the US government took Syria offline, corrupted routers, breached networks, and worldwide violated individuals' privacy--leaving a perception globally that the US government itself (NSA et al) is one of the biggest threats facing the internet. And after ICANN had signaled its intention in February, 2014, to create a "parallel legal structure" in Switzerland, the timing of the NTIA announcement was only accelerated (the NTIA decision, by that time, had already been made or was inevitable). Interestingly, and thankfully, the US government never claimed "ownership" of the internet (hence no legislative approval is required to transition the "IANA functions") but at most, exercised a "stewardship" role, most of which had been delegated to ICANN by contract with the US Department of Commerce. Therefore we now have the enduring principle that the internet is not something to be "owned" by any government or corporation, and that any authority exercised in reference to the internet is proper only when exercised in accordance with already established stewardship principles and fiduciary standards.

NSA Monitoring Practices Face Stiff Opposition | Statista:

So where do we go from here?

ICANN President and CEO Fadi Chehadé: "The function which the U.S. has today, which is a very minimal function, of oversight" [will be] "passed on to ICANN through its multistakeholder accountability mechanisms." [Characterizing the U.S. role as one of stewardship, he observed], "It is time for the U.S. to consider that the stewardship is ready to be passed to the stakeholders, as it has always envisaged."(source: If the Stakeholders Already Control the Internet, Why NETmundial and the IANA Transition?)

There are many problems and issues yet to be sorted out. Here are just 2--#1: ICANN, at present, really doesn't have ANY effective "multistakeholder accountability mechanisms"--ICANN, by virtue of its legal structure (a California non-profit corporation with no membership), really acts top-down, by and through its own self-selected Board of Directors, to whom it is solely accountable (other than that US Department of Commerce "oversight" which has been almost non-existent)--which is why we hear of GAC advice etc.,-- the various "stakeholder groups" within ICANN are in an advisory capacity only to the Board of Directors which makes ALL final decisions, none of which are really reviewable by the stakeholders nor any other group or entity (even the US Department of Commerce has taken a "hands off" approach).

#2 How can the global internet community continue to allow a California non-profit corporation (chosen solely by the US government), with no membership and a self-selected Board of Directors, have total control and authority over the global internet DNS, including root zone and IANA functions? ICANN has already admitted in a legal filing in a US Court, that the safety and security of ccTLDs of all the nations of the world is dependent upon the US government having its IANA oversight pursuant to its contract with ICANN. Once the US government is "out of the picture" then any American lawyer can attach (through US legal processes) any ccTLD in the world? This is unacceptable.

So here is the reality as I see it--(1) there is really only one nation in the world currently equipped, legally and structurally, going forward, to be the host nation for whatever emerges as the global internet DNS and root zone authority (or authorities)--Switzerland [if you do not understand why Switzerland, start by reading this by Dr. Richard Hill.] In this regard, Fadi Chehadé et al were actually on the right track back in February. (2) The legal structure(s) for both the IANA functions and other functions performed currently by ICANN need to be reviewed, discussed, negotiated, and changed. In this regard, the French Senate report and Just Net Coalition proposal are on the right track.

Therefore, a word to the wise: the odds of things in the world of internet governance staying the same as they have been, are very slim. And at this point, the continuing launch of hundreds of new gTLDs is little more now than a nuisance and distraction, or complication, to the serious and important work of the IANA functions transition and ICANN accountability processes [and I bet Fadi et al wish they had the new gTLDs decision to do over again (not that they would ever admit it), or that ICANN had waited or at least scaled back the new gTLDs as the FTC suggested in 2011].

So I will look forward, and make a few more suggestions in addition to what I had previously proposed:

1. ICANN should move prudently (as part of, or as an outcome of, its ongoing processes on accountability and IANA) to reincorporate under Swiss law with immunity as a recognized international organization [Dr. Hill, supra, can give you the particulars]. The membership of the new ICANN would be all domain name registrants (see Just Net Coalition proposal, supra), who along with various advisory bodies inclusive of the entire global internet community, would constitute an ICANN General Assembly.

2. Pursuant to the foregoing, ICANN should transition its global headquarters to Geneva (which will also serve as the regional hub for Europe, Africa, and the Middle East), maintain its Singapore hub for Asia (including Australia and New Zealand), close its Los Angeles and Istanbul offices, and open a regional hub for the Americas in Miami.

3. ICANN should formally recognize and acknowledge, at a minimum, the legacy gTLD .com (and perhaps .net and .org also) as a fully regulated gTLD, in the public interest, including limitations on registration and renewal fees beyond November, 2018, by virtue of its market dominance and the exclusive monopoly that was granted in perpetuity to its registrar Verisign.

4. All technical functions including the "IANA functions," should be separated from ICANN into a separate IANA--"Internet Assigned Numbers Authority"--operating free from all governmental oversight or interference, with full immunity under Swiss law, governed by Trustees selected by ICANN, the technical community (IETF et al), gTLD registrars, and ccTLD registrars.The authority of the new ICANN and the new IANA should be recognized and ratified by a new international treaty setting forth the governing principles for the stewardship roles of IANA and ICANN, respectively, over the internet. Here the US government will have the leverage to help establish, in perpetuity, principles for internet freedom in return for "letting go."

5. Finally, there should be a review/appeal process and authority (which should include government representatives) for ICANN decisions, along the lines suggested by the French Senate Report.

--John Poole, Domain Mondo


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Internet Governance, ICANN Reform, French Senate Report in English

Graphic of Proposed Internet Governance and ICANN Reform - French Senate Report

Here's the link to the English (Google) translation of the French Senate Report--from the original French text: "L'Europe au secours de l'Internet : démocratiser la gouvernance de l'Internet en s'appuyant sur une ambition politique et industrielle européenne... "

Key points: A new World Corporation for Assigned Names and Numbers Internet (World ICANN or WICANN) would reform/replace ICANN and would also be responsible for IANA functions assumed by the current ICANN, with oversight by GIC - Global Internet Council (leverage the Internet Governance Forum (IGF), the "most legitimate forum today" and at the same time multi-stakeholder, to erect a World Council of Internet (Global Internet Council - GIC)--see graphic above-- responsible for ensuring compliance with the principles of NETmundial on behalf of the international community).

Reforming or replacing ICANN is covered in Chapter II... B. BUILDING A NETWORK GLOBALIZED, LEGITIMATE AND RESPONSIBLE ... (subchapter headings below)

1. Globalizing Internet governance on the basis of the principles of NETmundial

a) Formalize the existence of a speaker system for a distributed and transparent governance

b) Transform the World Council of IGF in the Internet, and legitimate global governance fora coordinator

2. Rebuilding ICANN to restore confidence in the system of domain names

a) For a WICANN assuming the IANA functions under World supervision

b) Ensure accountability of WICANN and a real right of appeal

c) Avoid conflicts of interest

Note: Google Translate if far from perfect so you will need to correct obvious mistakes in translation. 

The full list of all proposals within the French Senate Report (translated into English).



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ICANN and Internet Governance, French Senate Report Proposals

The [French] Senate wants to democratize Internet governance: "... a new model of Internet governance, respectful of human rights and freedoms and able to restore confidence in the Internet, shaken by voluntary diminution of online security and malfunctions of ICANN... " For further information and analysis with more links to the French Senate report go to: French Proposal to Reform "Malfunctioning" ICANN and Internet Governance.

The full list of proposals in the French Senate Report (July 9, 2014) on reforming ICANN and internet governance are below.

Europe to the rescue of the Internet: democratize the governance of the Internet -- French Senate Report full list of proposals --

I - THE EUROPEAN UNION, THE OMBUDSMAN FOR ENSURING GOVERNANCE AND OPEN INTERNET RESPECTFUL OF FUNDAMENTAL RIGHTS AND DEMOCRATIC VALUES

A. Rebuilding internet governance around a treaty ensuring respect for human rights and democratic values ​​online
- Invite Member States of the European Union to agree to propose the principles of consecration NETmundial São Paulo, both by international treaty open to all States and ratification by a form of online users ( No. 1)

B. Build a network global, legitimate and accountable governance fora
1. Globalizing Internet governance on the basis of the principles of NETmundial
- Base of Internet governance on a network transparent relationships by formalizing the roles and interactions between ICANN, the registries, the W3C, IETF, IAB, ITU, managers root servers, operators of domain names first level ... (2)
- Transform the Internet Governance Forum into the World Council of the Internet, with its own funding and to oversee compliance decisions governance fora NETmundial the principles identified in Sao Paulo (3)
- Welcome in Europe the celebration of ten years of the World Summit for the Information Society in 2015 to promote this new global architecture of the Internet Governance (No. 4)

2. Rebuilding ICANN to restore confidence in the system of domain names
- Rebuild ICANN into a WICANN (World ICANN), international law or, preferably, under Swiss law modeled on the International Committee of the Red Cross, and organize international supervision of the root file domain names substitution of the American supervision (No. 5)
- Make WICANN responsible to the World Council of Internet or, alternatively, to an internal General Meeting and to the Board or meeting the authority to approve appointments to the Board of Directors and WICANN accounts this organism (6)
- Establish a mechanism for independent and accessible remedies for review of a decision of the WICANN or repair (7)
- Establish a functional separation between WICANN and operational functions IANA to distinguish those who develop naming domain who individually assign domain names (8) policies
- Define the independence criteria for the majority of members of the board of WICANN (No. 9)
- Require first of all that the steering group provided by ICANN to organize the transition is composed of members appointed by the ICANN stakeholders in a transparent and democratic manner and also includes representatives of other stakeholders not represented today ICANN (No. 10)

II. THE EUROPEAN UNION TO RESUME HIS DESTINY IN HAND FOR DIGITAL WEIGHING IN GOVERNANCE OF NET
A. An aggressive regulation of the European digital ecosystem for better distribution of value
1. Realising ambition of net neutrality ...
- Before the European Commission to submit without delay a legislative proposal to regulate content providers and application, so that neutrality applies not only to networks but also to services (11)
2 .... impose a strong control competition and taxation
- Urging the European Commission to improve the procedures in competition policy and make them more responsive to abuse of dominant position (No 12)
- Ask the Commission to establish a principle of separation to avoid vertical integration of Internet players controlling more and more layers of the value chain (No. 13)
- Encourage other Member States affected by tax optimization multinationals digital practice with our country continued pressure on Member States complicit in this situation (14)
- Support the outcome of the ongoing tax reforms in VAT and corporation tax, to better help service providers online for public office of European States (No. 15)
3 .... and complemented by new ways to experience the European culture on the Internet
- Encourage professional associations of the cultural sector to approach between Member States to enforce their rights being united against the "over the top" (No. 16)
- Align VAT rates for cultural goods and services digital and physical (17)
- Incorporate a new dimension in European political culture, enhancing the creativity of users and non-commercial sharing of content (No. 18)
B. A demanding and realistic data protection regime in the era of cloud and big data
1. Supporting the validity of the European approach based on the assertion of a fundamental right to protection of personal data
- Promoting privacy by design and privacy by default by European and international labels (19)
2. Consolidate by modernizing the EU legal framework for data protection
- Adopt as quickly as possible the proposed European regulation on the protection of individuals with regard to the processing of personal data (No. 20)
- Strengthen procedural safeguards surrounding the treatment of particularly sensitive data by the obligation to provide impact assessments of privacy (21)
- Establish a liability regime responsible for data processing to both sides:
· Upstream of the collection, create an obligation to study the impact on privacy to reduce the risk to users,
· Downstream, creating an obligation to report irregularities in the processing of data (No. 22)
3. Promote this approach to international
- Renegotiate the Safe Harbor by keeping the possibility to suspend if the requirements of the European authorities were not heard and keep this separate negotiation that of transatlantic treaty (No. 23)
- Adopt the provision introduced by the European Parliament in the proposed regulation governing the transfer or disclosure of personal data to request administrative or judicial authorities of third countries (No. 24)
- Continue negotiations for the accession of the EU to the Convention 108 to the legitimacy of the Union to ask the United States to join as well (No. 25)
C. Building a European industrial strategy to control our data and carry our values
1. Catalyze the digital industry around a European ambition
- Reorient the national system of export support on support for R & D and innovation for SMEs and ETI digital sector (No. 26)
- The emergence, at the initiative of France and Germany, a genuine European policy in the digital industry defining the investment fields in the medium and long term, and mobilizing the instruments to achieve them (No. 27 )
- Encourage the European Commission to reconcile the European competition rules in the digital sector with ambition industrial power favoring the emergence of "European champions" (No. 28)
- Better support for very small and ETI French and European digital sector by promoting at national and European level, cooperation between them and reinforcing their access to financing solutions (strengthening of venture capital, facilitating their IPO ...) (No. 29)
- Greater use of instruments to facilitate the establishment of clusters in the European sector of the Internet and digital (No. 30)
- Obtain the explicit recognition by the United States system of geographical indications before the introduction of domain names referring to such information (31)
- Ensure match any liberalization of the transatlantic movement of such data, exceptions justified by the objective of protecting the privacy of individuals and public safety (No. 32)
- Encourage the European Commission to ensure regulatory convergence ensuring a level playing field (level playing field) for European digital companies, particularly with regard to the supervision of state aid (33)
- Promote greater reciprocity in access to public markets, to open markets to European companies in third countries (34)
2. Exploiting European data in the service of "common good"
- Promoting big data as a real industrial challenge, source of improvement of the common good, precisely defining reasonable for data aggregation mechanisms may be an economic recovery (35)
- Further development of open data in all jurisdictions issued by standardizing data and tending to free their provision, while respecting the principles of anonymity and non-discrimination (n ° 36 )
3. Lancer two specific industrial projects secure European cloud but open to the most sensitive data and operating system for mobile
- Promote the development of an operating system on European mobile constituting a credible alternative to currently existing major operating systems (37)
- Define a class of services labeled " Secure cloud "subject to strict specifications and protective fillers and promote a European actor competent to issue the relevant safety certificates (No. 38)
- Better integration solutions cloud in public procurement and implement space services cloud to secure government (No. 39)
4. Exploit European strengths in Internet security
- Develop European expertise in encryption, including facilitating the use of certificates (No. 40)
- Seek to promote and (41) "en." "Had."
Prepare the place of Europe in the future Internet 5.
- Ensure the preservation of the European principle of non-patentability of software (42)
- Encouraging the development of free software by integrating them into the public markets and the imposition of open standards, provided to develop the skills to use the software and standards (43)
- Consolidate at industrial objectives Service, the presence of the EU in major international standardization bodies of the Internet and develop the work of the specifically European organizations in this area (44)
- Ensure the establishment of a European standardization system connected objects to facilitate their mutual recognition, interconnection and security against external attacks (No. 45)
- Strengthen the European presence in the structures of standardization of industrial technologies using the Internet (smart grids, digital identity ...) and make a real economic issue (No. 46)
- Preparing the Future Internet through further coordination of initiatives and support solutions emphasizing the preservation of confidentiality on the network (47)
D. Promoting citizen ownership of the internet
1. Educate citizens to digital form and freedoms programming
- Develop an ambitious digital education ensuring its place in the heart of the common core of knowledge and skills and training gradually all teachers based (No. 48)
2. Strengthen the legal framework of intelligence activities and improve the political control
- Enshrine in law that the opinion of the National Control Commission interceptions Security (CNCIS) is collected prior to the issuance of any authorization of interception security or administrative access to the data connection (# 49)
- Automatically predict CNCIS consultation prior to implementation of any technical means of gathering information services would have (No. 50)
- Explicitly extend control CNCIS the proportionality of the means used by the intelligence services to prevent drift Intelligence to mass surveillance (51)
- Create, from the CNCIS, a new independent administrative authority - the Commission of Control Intelligence - responsible for issuing permits implementation of means to collect information after reviewing their legality and proportionality (No. 52)
- Strengthen the investigative powers of the Parliamentary Delegation intelligence (DPR) by giving it a power to control rooms and on-site and providing support services Control Board Intelligence (No. 53)
- Submit to the control of the National Commission on Informatics and Liberties files intelligence (No. 54)
- Establish a European framework for controlling exchange of information between intelligence services (No. 55)
3. Structuring governance digital issues at national and European
- Set up within the Council of the European Union dedicated to digital training to overcome the administrative barriers in the service of a shared political ambition (No. 56)
- Recommend the establishment within the European Parliament special committee to examine the texts on the Internet (57)
- Create an interdepartmental committee of digital to the Prime Minister to lead a coherent overall strategy (No. 58)
- Create a committee of the Senate whose members would be digital also members of a permanent legislative committee (No. 59)
- Encouraging the creation of a European Digital Advisory Board, a real task force to inform the EU executive and unite the European ecosystem in a team spirit (No. 60)
4. Promote the European model of the Internet by a true digital diplomacy associated with industrial policy
- Develop a true doctrine of digital diplomacy with real resources, relying on a network of expertise and consultation of civil society and economic actors (61)
- Support digital diplomacy on existing instruments such as the European Neighbourhood Policy or the Francophonie to promote worldwide respect for European values ​​online (No. 62)


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