The Turn to Infrastructure in The INFORMATION TECHNOLOGY AND GLOBAL GOVERNANCE series focuses on the complex inter-relationships between the social, political, and economic processes of global governance that occur at national, regional, and international levels. These pro- cesses are influenced by the rapid and ongoing developments in information and commu- nication technologies, which are affecting numerous substantive areas, as well as creating new opportunities and mechanisms for participation in global governance processes and influencing how they are studied. The series encourages original scholarship on both the global governance of information and communication technologies (from the narrow issues of global Internet governance to the broader issues of global governance of the Information Society) as well as the uses of information and communication technologies in the service of global governance in a wide range of sectors.

S e r i e s E d i t o r : Derrick L. Cogburn, Associate Professor of International Relations International Communication Program School of International Service American University Director: COTELCO The Collaboration Laboratory Executive Director, Institute on Disability and Public Policy (IDPP) American University

Advisory Board: M. Selcan Kaynak – Bogazici University Nanette S. Levinson – American University John Mathiason – Syracuse University Milton Mueller – Georgia Institute of Technology Claudia Padovani – University of Padova (Universit à di Padova) Priscilla Regan – George Mason University Kenneth Rogerson – Duke University J. P. Singh – George Mason University

Published by Palgrave Macmillan: Third World Citizens and the Information Technology Revolution By Nivien Saleh

Global Governance Facing Structural Change: New Institutional Trajectories for Digital and Transnational Capitalism Edited by Michè le Rioux and Kim Fontaine-Skronski

The Turn to Infrastructure in Internet Governance Edited by Francesca Musiani, Derrick L. Cogburn, Laura DeNardis, and Nanette S. Levinson The Turn to Infrastructure in Internet Governance

Edited by Francesca Musiani , Derrick L. Cogburn , Laura DeNardis , and Nanette S. Levinson

THE TURN TO INFRASTRUCTURE IN INTERNET GOVERNANCE Selection and editorial content © Francesca Musiani, Derrick L. Cogburn, Laura DeNardis, and Nanette S. Levinson 2016 Individual chapters © their respective contributors 2016 Softcover reprint of the hardcover 1st edition 2016 978-1-137-53326-5 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission. In accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. First published 2016 by PALGRAVE MACMILLAN The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire, RG21 6XS. Palgrave Macmillan in the US is a division of Nature America, Inc., One New York Plaza, Suite 4500, New York, NY 10004-1562. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. ISBN: 978–1–349–57846–7 E-PDF ISBN: 978–1–137–48359–1 DOI: 10.1057/9781137483591 Distribution in the UK, Europe and the rest of the world is by Palgrave Macmillan®, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Library of Congress Cataloging-in-Publication Data The turn to infrastructure in Internet governance / edited by Francesca Musiani, Derrick L. Cogburn, Laura DeNardis, and Nanette S. Levinson. pages cm.—(Information technology and global governance) Includes bibliographical references and index. 1. Internet governance. 2. Internet—Security measures—International cooperation. 3. Internet industry. I. Musiani, Francesca, editor. II. Cogburn, Derrick L., editor. III. DeNardis, Laura, 1966– editor. IV. Levinson, Nanette S., editor. TK5105.8854.T87 2015 384.3Ј3—dc23 2015020923 A catalogue record for the book is available from the British Library. Dedicated to

Enoch, Claudia, and C é cile, for getting and keeping me interested in the Internet Francesca Musiani

Sharon, Courtney, Noemi, and Sean Manuel Cogburn Derrick L. Cogburn

Deborah Rebecca Smith Laura DeNardis

Daniel, Shiley, and Maya Levinson N a n e t t e S . L e v i n s o n

Contents

List of Figures ix Series Editor Foreword xi P r e f a c e xiii A c k n o w l e d g m e n t s xv

I n t r o d u c t i o n 1 G o v e r n a n c e b y I n f r a s t r u c t u r e 3 Laura DeNardis and Francesca Musiani

Part I From the Politics of Internet Infrastructure to Infrastructure as Internet Politics 2 The Multiple Logics of Post-Snowden Restructuring of Internet Governance 25 Derrick L. Cogburn 3 International Organizations and Global Internet Governance: Interorganizational Architecture 47 Nanette S. Levinson and Meryem Marzouki 4 Alternative Technologies as Alternative Institutions: The Case of the Domain Name System 73 Francesca Musiani

Part II Infrastructure-Based Intellectual Property Rights Enforcement 5 Domains of Control: Governance of and by the Domain N a m e S y s t e m 8 9 Kenneth Merrill viii ● Contents

6 Copyright, Information Intermediaries, and Internet A r c h i t e c t u r e 1 0 7 Matthew Schruers 7 “Three-Strikes” Response to Copyright Infringement: The Case of HADOPI 125 Primavera De Filippi and Daniè le Bourcier

Part III Infrastructure as a Lever of/in Surveillance, Privacy, and Censorship 8 The Delegation of Censorship to the Private Sector 155 N i c o l a s A r p a g i a n 9 Tracking Internet Shutdown Practices: Democracies and Hybrid Regimes 167 Patricia Vargas-Leon 1 0 T h e T u r n t o I n f r a s t r u c t u r e i n P r i v a c y G o v e r n a n c e 1 8 9 T a t e v i k S a r g s y a n 11 Exploring PRISM’s Spectrum: Privacy in the Information Age 203 John Laprise

Conclusion 1 2 T h e N e x t “ T u r n ” i n I n t e r n e t I n f r a s t r u c t u r e G o v e r n a n c e 2 1 9 Nanette S. Levinson and Derrick L. Cogburn

L i s t o f A c r o n y m s 225 R e f e r e n c e s 229 N o t e s o n C o n t r i b u t o r s 259 I n d e x 263 Figures

5 . 1 I C E s e i z u r e b a n n e r 9 8 6.1 Direct and indirect regulation 114 9.1 Internet shutdown cases 173 9.2 Russian “Blitzkrieg” laws over the Internet infrastructure (2012–2014) 176 9.3 Variations in the terminology of “critical infrastructure”—US l e g a l d e b a t e 1 8 5

Series Editor Foreword

he Information Technology and Global Governance Series is designed to highlight original scholarly research at the intersection T of information and communications technology and the multifac- eted processes of global governance. Twin foci define the series. The first focus is the global governance of information and communication tech- nologies. The second is the use of information and communication tech- nologies in the processes of global governance. This edited volume focuses clearly on the first area of focus for the series. It examines new mechanisms for governing the Internet, through the role of infrastructure. The book emerged out of a joint conference we organized at Georgetown University, with support from American University. Dr. Francesca Musiani was the leader of that workshop, with active organization by all of the editors. Subsequently, the editors have worked together around these ideas at annual symposia of the Global Internet Governance Academic Network (GigaNet), the International Studies Association (ISA), the American Political Science Association (APSA), and other scholarly meetings. We look forward to the debate this volume will spark.

Derrick L. Cogburn American University Information Technology and Global Governance Series Editor

Preface

n 2013, while completing her postdoctoral Yahoo! research fellowship at Georgetown University, Francesca Musiani had the idea to organize I an academic symposium on Internet Governance. Colleagues at the American University School of International Service (Nanette Levinson and Derrick Cogburn) and the School of Communication (Laura DeNardis) supported this symposium. The response to the symposium from the schol- arly and practitioner community was overwhelming. At the intellectual core of this symposium, the idea of the “turn to infrastructure in Internet governance.” This idea was first developed by Laura DeNardis in her arti- cle, “Hidden Levers of Internet Control: An Infrastructure-Based Theory of Internet Governance,” where she coined the term and first described this turn to infrastructure for economic and political issues having nothing to do with keeping the Internet operational. At the Georgetown conference, this innovative idea was further developed and expanded.

Francesca Musiani Derrick Cogburn Laura DeNardis Nanette Levinson

Acknowledgments

o book is the product of a single individual. This edited volume is certainly no exception to that rule. First, as coeditors, we have N worked together as an effective geographically distributed team. Although three of us are based at American University in Washington, DC, our travels are frequent and far-flung. Dr. Laura DeNardis is Research Director for the Global Commission on Internet Governance and has been convening meetings all around the world during the development of this volume. Dr. Derrick Cogburn is Executive Director of the Institute on Disability and Public Policy (IDPP) and the Center for Research on Collaboratories and Technology Enhanced Learning Communities (COTELCO). He spends considerable amounts of time working in Southeast Asia. Dr. Nanette Levinson is the Academic Director for the SIS- Sciences Po Exchange Program, and in her travels to Paris, was able to meet with Dr. Francesca Musiani on the production of the volume. In addition, we were also able to meet in Bali and Istanbul at meetings of the Internet Governance Forum and the Global Internet Governance Academic Network (GigaNet), and in Sao Paulo at the NETmundial Global Multistakeholder Meeting on the Future of Internet Governance. Also, we would like to thank our home institutions. At American University, we thank Dean James Goldgeier and Dean Jeffrey Rutenbeck, the faculty and staff in the School of International Service, the School of Communication, and the Institute on Disability and Public Policy. At Georgetown University, we are grateful to the Yahoo! Fund on International Values, Communications Technology and the Global Internet, and the staff of the Institute for the Study of Diplomacy and the Edmund A. Walsh School of Foreign Service. In Paris, we would like to thank the Centre de sociologie de l’innovation at Mines Paris Tech and the Institut des sciences de la communication, CNRS/Paris-Sorbonne/ University Pierre and Marie Curie. We are forever grateful to our colleagues in the Global Internet Gover- nance Academic Network (GigaNet); the International Communication Section in the International Studies Association (ISA); the Information xvi ● Acknowledgments

Technology and Politics Section of the American Political Science Associ- ation (APSA); the International Association for Media and Communica- tions Research (IAMCR); the International Communication Association (ICA); and the Society for Social Studies of Science (4S). In addition, the heart of this volume lies in its contributors. We have assembled an outstanding cast of scholars to examine the turn to infra- structure in Internet governance. As editors of this volume, we are thankful for their wonderful contributions, as well as their patience with the long process of book production. Finally, we would all like to thank our family and friends, whose patience with us as we worked on this volume and many other projects was i n d e f a t i g a b l e .