Your SlideShare is downloading. ×
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Building Legal Institutions for Information Technology
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Building Legal Institutions for Information Technology

888

Published on

Published in: Education, Business, Technology
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
888
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
7
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Week 9 Building Legal Institutions for Information Technology 1: Internet Governance Milton L.Mueller. 2002. Ruling the Root: Internet Governance and Taming of Cyberscape. MIT Press
  • 2. Organization of the Book
    • Framework & Backgrounds
    • Historical
    • Internet under ICANN (policies, social issues, stakes)‏
  • 3. The Problem of the Root
    • Reston, Virginia (July 1998) Unusual gathering
    • Model, Common Principles, Structure & general Charter provisions
    • Informal meet
    • Domain name wars
    • The “White Paper”
    • US - Unusal approach to the transition
    • IFWP, ICANN
  • 4. The Root
    • IP Address, Domain Name
    • Virtual Real Estate
    • IFWP
      • Authority to set policy, allocation of IP addresses
      • Add new domain names
      • Operating root server
    • Internet governance
    • Internet “Drivers License”
    • Should a domain name administrator concerned with authenticity of the content associated with a specific domain name?
  • 5. Institutionalization
    • Worry on distribution of power over the root
    • Describes what happened to internet from 1996 – 2001
    • Who controls the Internet?
      • No one
      • Corporations / people who has power to issue authoritative commands
    • Control takes the form of Institutions, not commands
  • 6. The Basic Political Economy of Identifiers
    • Unique identifiers
    • Difficult to do in a distributive manner
    • Two ways of achieving uniqueness
      • Defining the space
      • Assigning values within the space
    Layer 1: Technical Coordination to ensure uniqueness Layer 2: Economics Decisions about Rationing Scarcity Layer 3: Policy Decisions about Rights
  • 7. The Basic Political Economy of Identifiers
    • Policy problems created by semantics
    • Lose of identity, promotion of identity
    • Rationing methods
      • First come first serve
      • Administrative fees
      • Market pricing
      • Merit distribution
    • Difference between the ways telecommunication and the Internet approached the governance arrangements.
  • 8. The Basic Political Economy of Identifiers
    • Governance arrangements
    • Ethernet address space
      • IEEE 802, comes with h/w
      • 24 + 40 bit combination
      • 24 – Organizational unique identifier
      • 40 to be used by the purchasing organization
      • Simple two part hierarchy
    • Discussed to find the distinction between identifiers that are publicly visible and meaningful and those that are not.
  • 9. The Basic Political Economy of Identifiers
    • Essential tasks to maintain uniqueness:
      • Maintain the uniqueness of identifiers by making that assignments exclusive (technical layer)
      • Prevent the resource from being consumed in an inefficient manner (the economic layer)
      • Resolve competition or disputes around particular assignments (the policy layer)
  • 10. The Internet name and Address Spaces
    • Request For Comments – RFCs
    • Packets, IP Address
    • Two part model
      • Network to which a computer is attached
      • Specific device attached to that network
    • Class based addressing
    • Routers
      • Find a specific physical network in a specifc location
      • Make decisions about how to forward data packets to their destination.
      • Routing tables
  • 11. The Internet name and Address Spaces
    • Internet Address Registries
    • IPv4 address space become scarcer
      • Tightened address policies
      • Development of new protocol (CIDR)
      • Creation of larger address space
    • Internet name space
      • Naming computers (single identifier)
      • Network Information Center (hosts.txt)
      • Domain Name Service (DNS)
  • 12. DNS
    • Highly distributed
    • Consists of 4 basic elements
      • Name space
      • Name servers (stores list of domain names and associated IP address)
      • Resolvers (generate queries)
      • Resource records (data or content stored in name server)
    • In-addr.arpa registration of IP addresses
    Top-level domains (COM, EDU, ORG, NET) Second-level domains (name of the domain E.g., india) Third-level domains (www, INT, IST)
  • 13. DNS Root
    • Refers to Root zone file & Root name server
    • Standards Competition (Issue)
      • Users choices are affected by value of compatibility with other users.
      • Example : Incompatibility between IBM & Apple machines
  • 14. Necessary to create new DNS Root
    • Not-enough top level domains
    • Technological innovations (character support)
    • Political resistance
  • 15. The Root and Institutional Change
    • A huge ocean. No one owns it.
      • Institutional naïveté
    • Institutionalization of the internet driven Innovation.
    • Questions the Relationship between technology & institutional change.
    • How technological endowment can lead to significant & rapid institutional changes.
    • The need for institutional arrangements will become urgent, especially when the resource space created requires sharing or coordination to be used effectively.
  • 16. The Root and Institutional Change
    • “Tragedy of the commons” story
    • 3 major barriers to the resolution of the property rights conflict.
      • There was no established, formal organization with clear authority over the root.
      • Attempts to define property rights in domain names suffered from the major conflicts over the distribution of wealth.
      • Contracting proved to be difficult because of the heterogeneity of the groups involved.
  • 17. Growing the Root
    • ARPANET
    • First ARPANET node installed at UCLA
    • Responsible persons:
      • Steve Crocker  Request For Comments
      • Jon Postel  Assignments of ports & protocols
      • Vinton Cerf  One of the principle desingners of TCP/IP
    • Development of TCP.
    • Connection oriented, connectionless approaches.
  • 18. Growing the Root
    • 1982 - Invention of Domain Name Sysem
    • Each system maintained hosts.txt
    • The real push for network growth came not from the need to share mainframes but from email.
    • Email contributed in exchanging ideas
    • First top level domain : .darpa
    • Proposed top level domains : .darpa, .ddn, .gov, .cor, .pub
  • 19. Growing the Root
    • Semantic issues
    • OSI – Open Systems Interconnection
    • Technology adoption choices powerfully shaped by the choices other adopters make
    • Subsidize initial adoption
      • E.g., TCP/IP by DARPA
    • Gateways developed to effective communication with other protocols
  • 20. Growing the Root
    • National Science Foundation Backbone to support educational researches.
    • 1989 – RIPE (Reseaux IP Europeens) – Amsterdam
    • Criticism over US’s hold on IP addresses
    • Required US government sponsor to get IP address.
    • 1990 – above barrier removed using the in-addr.darpa entries
  • 21. Growing the Root
    • IETF – All documentation was open, non-copyrighted and freely available
    • 1992 - Formation of Internet Society
    • Internet Society seen as way of funding IETF, IAB
    • Who controlled Root?
      • Direct & Indirect support U.S. Military
      • Federal Networking Council (FNC)
      • Fear that the whole internet could come to a screeching halt if the military flexed its muscle
  • 22. Appropriating the Root
    • URL (Uniform Resource Locator)
    • Domain names began to refer contents
    • .com became default extension for names without top level extensions
    • Registration for domains went up faster
    • Development of domain name market in other countries
  • 23. Appropriating the Root
    • Raise of property rights conflicts
    • Name Speculation:
      • Individuals hold domain names of large companies knowingly / unknowingly
      • Resale of domain names became a business
      • Complicacies of first-come/fist-served principle
      • Dennis Toeppen – registered 200 domains with famous, trademarked names
  • 24. Appropriating the Root
    • Typo-Squatting
      • Registered misspellings of the domain names of the popular Web sites/ company names
      • E.g., yhahoo.com
    • Parody, preemption and diversion
      • Used for Unfair competition
      • Wrongly imitating the opponents domain
    • Rights of Personality
      • Name registered is someone famous
  • 25. Appropriating the Root
    • Domain Dispute Resolution Policy Statement – by Network Solutions to prevent the rights of the third parties
    • Favoring trademark owners
    • Some more policies brought out the relationship between domain names and trademarks in U.S. law.
  • 26. Appropriating the Root
    • Loop holes in the policies (don’t know the duration)
      • Cost of nuisance registrations $100
      • Cost of recovering >= $10000
      • High transaction cost affected ordinary registrants
      • Both foreign and domestic registrants were not required to identify themselves correctly in the registration record
  • 27. Appropriating the Root
    • Delegation conflicts over country codes
    • New rule: Expressed wishes of the government with regard to the domain name manager of the country
    • Newdom –creating new top-level domains to reassert the authority of “the community” over internet administration
  • 28. Appropriating the Root
    • Claims over the Root:
      • Internet Society (ISOC)
      • U.S. Government
      • Alternative Root Servers
  • 29. The Root in Play
    • Blue ribbon international panel – to develop and implement a blueprint for a global governance structure
    • 1996 – formation of International Ad Hoc Committee (IAHC)
    • Established policies on monopoly
    • Established corporate structure
  • 30. The Root in Play
    • Generic Top-Level Domain Memorandum of Understanding (gTLD-MOU)
    • The MOUment
      • IETF procedures had been abondoned
      • Political, Personal & economic alliances used MOU to show their neutrality
  • 31. The Root in Play
    • Governance wars
    • Business community opposed / refused to lend their support for MOU.
    • U.S. Government intervened
      • National Science Foundation exited from NSI alliance
      • Nationalistic sentiments
      • Green paper – Statement of US governments authority over name & address root
  • 32. Institutionalizing the Root
    • Fighting the Green Paper
    • Assembling the dominant coalition
      • Global Internet Project (GIP)
      • IBM & MCI’s internet division
    • 1998 – White Paper (?)
      • “ Statement of Policy” instead of “rule making document”
      • Not-for-profit corporation, containing private sector stakeholders, to administer the policy for the Internet name & address system.
      • International Forum on the White Paper (IFWP)
  • 33. Appropriating the Root: Property rights conflict
    • May 1991 – National Science Foundation permitted commercial traffic to cross the NSFNET.
    • Stipulations over cost recovery, surplus revenues & quality of service followed
    • 1993 - Moved to entirely new architecture for the internet
    • NSF withdrew from backbone support.
  • 34. Appropriating the Root: Property rights conflict
    • World Wide Web - made internet easier to navigate
    • Browsers (Mosaic, Netscape, Internet Explorer) – attracted much broader base of users
    • Internet became mass medium for communication and commerce
  • 35. Appropriating the Root: Property rights conflict
    • Decline of IFWP
      • Loosely organized
      • Informal group
      • Several supporters of IANA obstructed attempts to push the IFWP process
    • IANA became centrifugal point of incorporation process
    • Formation of ICANN (Internet Corporation for Assigned Names and Numbers)
  • 36. Appropriating the Root: Property rights conflict
    • ICANN agreed to Jointly design, Develop and test the mechanisms, methods and procedures needed to transfer management of the root
  • 37. The New Regime
    • Property systems created by ICANN
      • Network solutions’ monopoly profits were redistributed
      • Trademark protection became one of the major determinants of registering a domain
      • Artificial Scarcity in top-level domain was maintained
      • Network solutions succeeded in retaining the long term property right over the .com domain
      • National govt & Internation govts won a limited role in ICANN’s structure
      • US govt retained the residual authority over the DNS root
  • 38. The New Regime
    • New Top Level domains
      • Applications for new TLD (Top – Level domains)
      • Application fees alone totaled US$2.5 million
      • .info, .biz, .name, .museum
  • 39. Issues and Themes
    • ICANN
      • Federalist structure
      • Effects and rule making authority need to be closely related
      • Deviates from the bottom-up consensus model because of decisions it has to take
  • 40. References
    • http:// computer.howstuffworks.com/dns.htm/printable
    • http://www.cato.org/pubs/briefs/bp-033.html - Internet Domain Names Privatization Competition And Freedom Of Expression by Milton L. Mueller
    • http:// ischool.syr.edu/FACSTAFF/member.aspx?id =118 – Milton L Mueller
    • http:// en.wikipedia.org/wiki/Jon_Postel - Jon Postel
    • http:// en.wikipedia.org/wiki/Root_nameserver - Root name server
    • http:// www.ntia.doc.gov/ntiahome/domainname/dnsdrft.htm - “Green Paper” explaining US government's definitive authority over the Internet DNS root zone

×