The Emergence of Contention in Global Internet Governance

PAPER SERIES: NO. 17 — JULY 2015 The Emergence of Contention in Global Internet Governance Samantha Bradshaw, Laura DeNardis, Fen Osler Hampson, Eric Jardine and Mark Raymond THE EMERGENCE OF CONTENTION IN GLOBAL INTERNET GOVERNANCE Samantha Bradshaw, Laura DeNardis, Fen Osler Hampson, Eric Jardine and Mark Raymond Copyright © 2015 by the Centre for International Governance Innovation the Royal Institute for International Affairs Published by the Centre for International Governance Innovation and Chatham House. The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the Centre for International Governance Innovation or its Board of Directors. This work is licensed under a Creative Commons Attribution — Non-commercial — No Derivatives License. To view this license, visit (www.creativecommons.org/licenses/by-nc- nd/3.0/). For re-use or distribution, please include this copyright notice. 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 vi About the Global Commission on Internet Governance vi About the Authors 1 Acronyms 1 Executive Summary 1 Introduction 2 Rising Contention in Internet Governance 7 Contention as a Function of Shifts in Problem Structure 9 Underlying Factors in Producing Shifts in Problem Structure 15 Implications of this Shift and Prospects for Global Cooperation 16 Works Cited 20 About CIGI 20 About Chatham House 20 CIGI Masthead GLOBAL COMMISSION ON INTERNET GOVERNANCE PAPER SERIES: NO. 17 — JuLY 2015 ABOUT THE GLOBAL ABOUT THE AUTHORS COMMISSION ON INTERNET Samantha Bradshaw is a research associate at CIGI in GOVERNANCE the Global Security & Politics Program. She contributes to the work of the Global Commission on Internet The Global Commission on Internet Governance was Governance. Samantha’s research focuses on Internet established in January 2014 to articulate and advance a governance, the politics of the domain name system and strategic vision for the future of Internet governance. The cyber security cooperation. She holds an M.A. in global two-year project conducts and supports independent governance from the Balsillie School of International research on Internet-related dimensions of global public Affairs and a joint honours B.A. in political science and policy, culminating in an official commission report that legal studies from the University of Waterloo. will articulate concrete policy recommendations for the future of Internet governance. These recommendations Laura DeNardis, CIGI senior fellow, is a scholar of will address concerns about the stability, interoperability, Internet architecture and governance and professor in security and resilience of the Internet ecosystem. the School of Communication at American University in Washington, DC. The author of The Global War for Launched by two independent global think tanks, Internet Governance (Yale University Press, 2014) and the Centre for International Governance Innovation several other books, her expertise has been featured (CIGI) and Chatham House, the Global Commission on in numerous publications. She serves as the director Internet Governance will help educate the wider public of research for the Global Commission on Internet on the most effective ways to promote Internet access, Governance and is an affiliated fellow of the Yale while simultaneously championing the principles of Law School Information Society Project, where she freedom of expression and the free flow of ideas over previously served as executive director. Laura holds an the Internet. A.B. in engineering science from Dartmouth College, a Master of Engineering from Cornell University, a Ph.D. The Global Commission on Internet Governance will in science and technology studies from Virginia Tech, focus on four key themes: and was awarded a postdoctoral fellowship from Yale Law School. • enhancing governance legitimacy — including regulatory approaches and standards; Fen Osler Hampson is a distinguished fellow and the • stimulating economic innovation and growth — director of the Global Security & Politics Program at including critical Internet resources, infrastructure CIGI. He is also co-director of the Global Commission and competition policy; on Internet Governance. He is chancellor’s professor at Carleton University and a former Jennings Randolph • ensuring human rights online — including Fellow at the United States Institute of Peace. establishing the principle of technological neutrality for human rights, privacy and free Eric Jardine joined CIGI as a research fellow in May expression; and 2014 in the Global Security & Politics Program. He • avoiding systemic risk — including establishing contributes to CIGI’s work on Internet governance, norms regarding state conduct, cybercrime including the Global Commission on Internet cooperation and non-proliferation, confidence- Governance. Eric’s current research focuses on cyber building measures and disarmament issues. security, cyber terrorism, cybercrime and cyber protest. He holds a Ph.D. in international relations from the The goal of the Global Commission on Internet Norman Paterson School of International Affairs at Governance is two-fold. First, it will encourage globally Carleton University. inclusive public discussions on the future of Internet governance. Second, through its comprehensive policy- Mark Raymond is the Wick Cary Assistant Professor of oriented report, and the subsequent promotion of International Security at the University of Oklahoma. this final report, the Global Commission on Internet His work has appeared in International Theory, the Governance will communicate its findings with senior Georgetown Journal of International Affairs and the stakeholders at key Internet governance events. Canadian Foreign Policy Journal. He is also the co-editor of Organized Chaos: Reimagining the Internet (CIGI, 2014). www.ourinternet.org He has testified before the United Nations Commission on Science and Technology for Development, and participated in the Internet Governance Forum. His current research projects examine the politics of global rule-making, as well as Internet governance. He received his Ph.D. from the University of Toronto. VI • CENTRE FOR INTERNATIONAL GOVERNANCE INNOVATION • CHATHAM HOUSE THE EMERGENCE OF CONTENTION IN GLOBAL INTERNET GOVERNANCE ACRONYMS INTRODUCTION ccTLD country code top-level domain Contention in global Internet governance systems is DNS Domain Name System evident in a series of recent controversies. They have made visible the connection between Internet governance and a DOC Department of Commerce number of public interest concerns, such as infrastructure GAC Governmental Advisory Committee availability, security and individual civil liberties (such as gTLD generic top-level domain freedom of expression and privacy). Such controversies IANA Internet Assigned Numbers Authority include the state-induced Egyptian Internet outage, increasingly frequent and sophisticated cyber attacks — ICANN Internet Corporation for Assigned Names and such as the recent episode involving Sony — an online Numbers boycott over the Stop Online Piracy Act in the United ICT information and communication technology States, global tension over the arcane United Nations IETF Internet Engineering Task Force international treaty conference known as the International IGF Internet Governance Forum Telecommunication Regulations and disclosures about the National Security Agency’s (NSA’s) expansive surveillance IPv4 Internet Protocol version 4 programs. IR international relations ISOC Internet Society Combined, these controversies have precipitated three related public and policy-maker perceptions of Internet ITU International Telecommunication Union governance: first, it made visible the complex distributed NSA National Security Agency ecosystem of Internet governance; second, it politically NTIA National Telecommunication and Information challenged perceptions that the coordination of the Administration Internet is “just a technical administration issue”; and SCO Shanghai Cooperation Organisation third, it engendered a public loss of trust in the systems, companies, governments and institutions that coordinate TLD top-level domain the Internet. The administrative tasks keeping the Internet UNGA United Nations General Assembly operational, while never without tension and controversy, WCIT World Conference on International now reflect both real and perceived conflicts of interest Telecommunications among stakeholders and a heightened geopolitical concern about the cooperation necessary to resolve these conflicts. EXECUTIVE SUMMARY This paper is organized around three questions. First, Internet governance has rapidly shifted from a technocratic what does the emerging contention in Internet governance area of governance to one characterized by considerable look like? The paper illustrates emerging contention in the contention. This shift is unprecedented among the large Internet governance ecosystem in five ways: the escalation and increasing number of technocratic regimes essential of conflict over the root zone file; state actors pushing for to contemporary global governance and is, therefore, alternative arrangements in interconnection governance; of broader interest and significance beyond Internet technical infrastructure tensions; co-opting of Internet

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