Research Volume One Volume Research A Universal Internet in a Bordered World: Research on Fragmentation, Openness and Interoperability on Fragmentation, Research A Universal Internet in a Bordered World: Research Volume One Global Commission on Internet Governance A Universal Internet in a Bordered World Research on Fragmentation, Openness and Interoperability 67 Erb Street West 10 St James’s Square Waterloo, Ontario N2L 6C2, Canada London, England SW1Y 4LE tel +1 519 885 2444 fax +1 519 885 5450 United Kingdom www.cigionline.org tel +44 (0)20 7957 5700 fax +44 (0)20 7957 5710 www.chathamhouse.org Research Volume One Global Commission on Internet Governance A Universal Internet in a Bordered World Research on Fragmentation, Openness and Interoperability Published by the Centre for International Governance Innovation and the Royal Institute of International Affairs The copyright in respect of each chapter is noted at the beginning of each chapter. The opinions expressed in this publication are those of the authors and do not necessarily reect the views of the Centre for International Governance Innovation or its Board of Directors. This work was carried out with the aid of a grant from the International Development Research Centre (IDRC), Ottawa, Canada. The views expressed herein do not necessarily represent those of IDRC or its Board of Governors. This work is licensed under a Creative Commons Attribution — Non-commercial — No Derivatives License. To view this licence, visit (www.creativecommons.org/licenses/ by-nc-nd/3.0/). For re-use or distribution, please include this copyright notice. Centre for International Governance Innovation, CIGI and the CIGI globe are registered trademarks. 67 Erb Street West 10 St James’s Square Waterloo, Ontario N2L 6C2 London, England SW1Y 4LE Canada United Kingdom tel +1 519 885 2444 fax +1 519 885 5450 tel +44 (0)20 7957 5700 fax +44 (0)20 7957 5710 www.cigionline.org www.chathamhouse.org TABLE OF CONTENTS About the Global Commission on Internet Governance . iv Preface . v Carl Bildt Section One: A Universal and Open Internet . .1 Introduction: One Internet: An Evidentiary Basis for Policy Making on Internet Universality and Fragmentation. 3 Laura DeNardis Chapter One: On the Nature of the Internet . 15 Leslie Daigle Section Two: The Economics of Openness and Fragmentation. 33 Chapter Two: Addressing the Impact of Data Location Regulation in Financial Services . 35 James M. Kaplan and Kayvaun Rowshankish Chapter Three: Internet Openness and Fragmentation: Toward Measuring the Economic Effects . 41 Sarah Box Chapter Four: Tracing the Economic Impact of Regulations on the Free Flow of Data and Data Localization . 59 Matthias Bauer, Martina F. Ferracane and Erik van der Marel Section Three: Legal Jurisdiction and Interoperability . 79 Chapter Five: Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation . 81 Bertrand de La Chapelle and Paul Fehlinger Chapter Six: Legal Interoperability as a Tool for Combatting Fragmentation . 97 Rolf H. Weber Chapter Seven: A Primer on Globally Harmonizing Internet Jurisdiction and Regulations . 107 Michael Chertoff and Paul Rosenzweig Section Four: Balancing Technical Openness and Fragmentation . 113 Chapter Eight: Market-driven Challenges to Open Internet Standards . 115 Patrik Fältström Chapter Nine: When Are Two Networks Better than One? Toward a Theory of Optimal Fragmentation. 127 Christopher S. Yoo Chapter Ten: A Framework for Understanding Internet Openness . 137 Jeremy West About CIGI . 147 About Chatham House . 147 CIGI Masthead . 147 ABOUT THE GLOBAL COMMISSION ON INTERNET GOVERNANCE The Global Commission on Internet Governance was established in January 2014 to articulate and advance a strategic vision for the future of Internet governance. The two-year project conducted and supported independent research on Internet-related dimensions of global public policy, culminating in an ofcial commission report — One Internet, published in June 2016 — that articulated concrete policy recommendations for the future of Internet governance. These recommendations address concerns about the stability, interoperability, security and resilience of the Internet ecosystem. Launched by two independent global think tanks, the Centre for International Governance Innovation (CIGI) and Chatham House, the Global Commission on Internet Governance will help educate the wider public on the most effective ways to promote Internet access, while simultaneously championing the principles of freedom of expression and the free ow of ideas over the Internet. The Global Commission on Internet Governance focuses on four key themes: • enhancing governance legitimacy — including regulatory approaches and standards; • stimulating economic innovation and growth — including critical Internet resources, infrastructure and competition policy; • ensuring human rights online — including establishing the principle of technological neutrality for human rights, privacy and free expression; and • avoiding systemic risk — including establishing norms regarding state conduct, cybercrime cooperation and non- proliferation, condence-building measures and disarmament issues. The goal of the Global Commission on Internet Governance is two-fold. First, it will encourage globally inclusive public discussions on the future of Internet governance. Second, through its comprehensive policy-oriented report, and the subsequent promotion of this nal report, the Global Commission on Internet Governance will communicate its ndings with senior stakeholders at key Internet governance events. www.ourinternet.org IV • CENTRE FOR INTERNATIONAL GOVERNANCE INNOVATION • CHATHAM HOUSE PREFACE When I and my colleagues at the Centre for International Governance Innovation and Chatham House envisioned and launched the Global Commission on Internet Governance (GCIG) in 2014, we were determined to approach the work ahead strictly on the strength of evidence-based research. To make this possible, we commissioned nearly 50 research papers, which are now published online. We believe that this body of work represents the largest set of research materials on Internet governance to be currently available from any one source. We also believe that these materials, while they were essential to the GCIG’s discussions over these past months, will also be invaluable to policy development for many years to come. The GCIG was fortunate to have Professor Laura DeNardis as its director of research, who, along with Eric Jardine and Samantha Bradshaw at CIGI, collaborated on identifying and commissioning authors, arranging for peer review and guiding the papers through the publication process. Questions about the governance of the Internet will be with us long into the future. The papers now collected in these volumes aim to be forward looking and to have continuing relevance as the issues they examine evolve. Nothing would please me and my fellow Commissioners more than to receive comments and suggestions from other experts in the eld whose own research has been stimulated by these volumes. The chapters you are about to read were written for non-expert netizens as well as for subject experts. To all of you, the message I bring from all of us involved with the GCIG is simple — be engaged. If we fail to engage with these key governance questions, we risk a future for our Internet that is disturbingly distant from the one we want. Carl Bildt Chair, GCIG November 2016 CARL BILDT • V SECTION ONE: A UNIVERSAL AND OPEN INTERNET INTRODUCTION: ONE INTERNET INTRODUCTION: ONE INTERNET: AN EVIDENTIARY BASIS FOR POLICY MAKING ON INTERNET UNIVERSALITY AND FRAGMENTATION Laura DeNardis Copyright © 2016 by Laura DeNardis LAURA DENARDIS • 3 RESEARCH VOLUME ONE: A UNIVERSAL INTERNET IN A BORDERED WORLD ACRONYMS The ability to interconnect a projected 50 billion objects — from health devices to industrial control systems — APIs application programming interfaces depends even more so on the pervasive interoperability and global reach afforded by the Internet, and the diffusion and AS autonomous systems integration of the network, far beyond mobile phones and laptops, deep into the everyday objects and infrastructures CDNs content delivery networks that support life’s day-to-day transactions. While the DNS Domain Name System digital realm is still in its infancy, this capacity to connect ubiquitously to the Internet, regardless of location or access GCIG Global Commission on Internet Governance device, has become an implicit assumption of the twenty- rst century. IDNs internationalized domain names Even in areas yet without Internet access, policy makers and IETF Internet Engineering Task Force entrepreneurs investing in information and communication technologies assume that building the necessary IoT Internet of Things infrastructure is not only possible, but will empower IP Internet Protocol citizens to participate in the global digital economy, access knowledge and engage in lawful communication with IPv4 Internet Protocol version 4 others, regardless of location or type of device. The more than 23,000 citizens polled in the 2014 CIGI-Ipsos Global IPv6 Internet Protocol version 6 Survey on Internet Security and Trust overwhelmingly view Internet access as a human right (see Figure 1), and ITU International Telecommunication Union vast majorities view the Internet as important for the future IXPs Internet exchange points of free speech, political expression, access to knowledge, and to their economic well-being (CIGI-Ipsos 2014).