The State of Multi-stakeholderism in International Internet Governance Internet Governance Task Force September 11, 2014 Chicago

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1 The State of Multi-stakeholderism in International Internet Governance Internet Governance Task Force September 11, 2014 Chicago David Satola

2 Multi-stakeholderism Update IANA Transition Update on NetMundial ICANN & Human Rights

3 Multi-stakeholderism in Internet Governance 29. The international management of the Internet should be multilateral, transparent and democratic, with the full involvement of governments, the private sector, civil society and international organizations 35. We reaffirm that the management of the Internet encompasses both technical and public policy issues and should involve all stakeholders and relevant intergovernmental and international organizations. In this respect it is recognized that: a. Policy authority for Internet-related public policy issues is the sovereign right of States. They have rights and responsibilities for international Internet-related public policy issues. b. The private sector has had, and should continue to have, an important role in the development of the Internet, both in the technical and economic fields. c. Civil society has also played an important role on Internet matters, especially at community level, and should continue to play such a role. d. Intergovernmental organizations have had, and should continue to have, a facilitating role in the coordination of Internet-related public policy issues. e. International organizations have also had and should continue to have an important role in the development of Internet-related technical standards and relevant policies.

4 The Landscape of Stakeholders in Internet Governance International Regional National Company/Local Internet standards IGF Trade policy WTO IETF, W3C Domain names Spectrum, standards ITU ICANN IP WIPO Privacy, security OECD Cyber-crime RIRs COE APEC Info soc mkt EU Cyber-security Telecom regulation CERTs, ISACs Net neutrality IP, cybercrime Spam NRAs Peering Filters, Laws Parliaments Contracts Individual User Decisions on Publishing/ Accessing Human rights ECtHR, LaRue No government All government Degree of government involvement Source: Mike Nelson, via IGF Athens

5 The IANA functions at-a-glance 5 For more information, visit

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7 A continuous evolution away from NTIA Control and Oversight over the IANA Functions carried out by ICANN Greater USG oversight and control Lesser USG oversight and control Memorandum of Understanding (6-7) Joint Project Agreement (amendment) Affirmation of Commitments IANA Transition Process transition the stewardship of the IANA functions to the global multi-stakeholder community

8 8 Proposed IANA Transition Consultation process

9 IANA Transition Consultation Timetable Target Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14 Jan-15 Feb-15 Mar-15 Apr-15 May-15 Jun-15 Jul-15 Aug-15 Sep-15 Request for Proposals Communities Develop Proposals ICG Develops Draft Response Review of the Draft Response ICG Develops Final Response Final Response Review Testing NTIA Review ICG Communities NTIA Prep Work 9

10 The reaction to Snowden s leaks was a potential backlash against the weaknesses of the multistakeholder model, personified in the NetMundial conference but OPEN AND DISTRIBUTED ARCHITECTURE The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation, and upholds the end-toend nature of the open Internet, and seeks for technical experts to resolve technical issues in the appropriate venue in a manner consistent with this open, collaborative approach. and INTERNET GOVERNANCE PROCESS PRINCIPLES Multistakeholder: Internet governance should be built on democratic, multistakeholder processes, ensuring the meaningful and accountable participation of all stakeholders, including governments, the private sector, civil society, the technical community, the academic community and users. The respective roles and responsibilities of stakeholders should be interpreted in a flexible manner with reference to the issue under discussion. Open, participative, consensus driven governance: The development of international Internet-related public policies and Internet governance arrangements should enable the full and balanced participation of all stakeholders from around the globe, and made by consensus, to the extent possible.

11 There was an initial focus on sovereignty issues Trust in the Internet was temporarily undermined But the debate didn t change it just galvanized existing positions, turned up the volume Next intergovernmental meeting is ITU Plenipot another platform? Google-bashing in Germany a proxy battle?

12 NetMundial Follow-up Building on the São Paulo meeting, the High-level Panel on Global Internet Cooperation and Governance Mechanisms established by ICANN and supported by the World Economic Forum recently produced a blueprint for a 21st century collaborative and distributed Internet cooperation ecosystem. The ecosystem described by the Panel in its final report is a framework for understanding how global cooperation can evolve to align global, regional and national policies for both technical and non-technical issues in a manner consistent with the core NETmundial Principles on: Human rights and shared values Protection of intermediaries Culture and linguistic diversity Unified and unfragmented space Security, stability and resilience of the Internet Open and distributed architecture Enabling environment for sustainable innovation and creativity Internet governance process principles Open standards

13 Past UN Action in Support of Human Rights on the Internet UN Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue May 2011 States are increasingly censoring information online, namely through: arbitrary blocking or filtering of content; criminalization of legitimate expression; imposition of intermediary liability; disconnecting users from Internet access... and inadequate protection of the right to privacy and data protection. UN HR Council June 2012 Approves resolution preserving HR on the Internet - affirmed that people have the same rights online that they have offline, in particular freedom of expression UN Report of the Special Rapporteur, April 2013 Revise national laws regarding surveillance of communications and align them with international protections of human rights.

14 New Places (and Challenges) for Expression of Human Rights Emanating from ICANN 50 CoE Discussion Paper on ICANN and Human Rights New gtlds raise freedom of expression issues.suck Balance economic interests vs cultural diversity Data Retention considerations driven by Law Enforcement > Privacy Access to WHOIS information not consistent with laws on data protection GAC Communique The GAC noted that there is developing interest in the ICANN Community to include human rights issues in future discussions. ICANN to debate including HR measures in it s the Core Values of its bylaws in Los Angeles in October: 12. Respecting human rights and principles of international law; international standards and the outcome of international fora.?? ICANN is California n-f-p corporation ; can it really be responsible for enforcing or even being accountable for human rights?

15 Conclusions? 1. Two distinct strands of Human Rights CoE gtld Freedom of Expression Post-Snowden Privacy 2. IANA Transition Will involve human rights Will be the focal point of multi-stakeholderism 3. NetMundial??