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January12internetgov

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January 12 class

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January12internetgov

  1. 1. Global Information Law and Practice Internet Governance January 12, 2018 professor michael geist university of ottawa, faculty of law
  2. 2. Internet Governance Case Study Justice4All is an anti-terrorism organization dedicated to obtaining compensation for victims of terrorism. The organization has long sought damages from the Government of Iran, for what it claims are state-sponsored terrorism activities that have claimed the lives of many people. The Government of Iran has few assets in the United States. However, Justice4All believes that there is great value in the domain name extension dot-ir. Indeed, it believes that it can both compensate victims and hamper the government’s cyber-related activities by seizing control of its domain name extension. Justice4All has just filed a lawsuit in U.S. court claiming that the U.S. has jurisdiction over all domain names given the presence of ICANN within the country. It is demanding that the court order the transfer of the domain as compensation for damages under a national anti-terrorism compensation law.
  3. 3. Internet Governance Case Study Please consider the fact situation and be prepared to discuss: 1. What is the legal status of a domain name extension? 2. Does the U.S. have jurisdiction over all domains? 3. If not, who (if anyone) has jurisdiction? Who (if anyone) should have jurisdiction?
  4. 4. Internet Governance 1. How the Internet is managed/governed 2. Trademarks/domain names 3. Net neutrality 4. Surveillance 5. Privacy 6. Copyright 7. Freedom of Speech/censorship
  5. 5. domain name system • Numbers - IP addresses - 87.123.345.76 • Names - Domain names - news.google.com, law.hku.hk • Hierarchies within domains • Top level - domain extension (.com) • Second level - name (google) • Third level - sub-name (news) • Each name matches to a number Key issues • Who gets to allocate? • Who gets them? Under what conditions? How are disputes resolved? • Who governs?
  6. 6. domain name system - numbers • Blocks of IP addresses - allocated to corporations, ISPs, academic institutions, etc. • Concern about running out of numbers - IPv4 vs. IPv6
  7. 7. domain name system - numbers • Who allocates - IANA - Internet Assigned Numbers Authority • Delegate specific allocations to Regional Internet Registries (RIRs) • ARIN • RIPENCC • AFRINIC • APNIC • LACNIC
  8. 8. domain name system - names • Today over 300+ million domain names • Each unique string - matches to an IP address • Several types of domains • Generic TLDs - .com, .net, .org, .edu., .int., .mil, .gov • ccTLDs - .ca, .il, .uk, .fr, .hk • Unsponsored gTLDs - .biz, .info, .name • Sponsored gTLDs - .travel, .coop, .pro, .aero, .museum • Opening the floodgates – hundreds of new possibilities • 24 million registrations • .xyz, .loan .top,.berlin • Who gets to allocate? What rules for registration?
  9. 9. How does it work? 1. User seeks to send email/visit to a website 2. Browser/ISP “looks up” the IP address 3. The look-up may go no further than the ISP or may escalate to the DNS server 4. Once IP address is identified, email is sent or browser resolves the query
  10. 10. domain name system - names Root server (mirrored, TLD info, ICANN control) Registries (gTLDs, ccTLDs) Registrars (single, competitive) Registrants (domain name holders)
  11. 11. domain name system - root server Root server (mirrored, TLD info, ICANN control) Registries (gTLDs, ccTLDs) Registrars (single, competitive) Registrants (domain name holders)
  12. 12. domain name system - root server • “ruling the root” - root server is the single point of information • Server located in Virginia, USA • Server is mirrored by 13 other servers worldwide • Very small database - list of recognized domains (gTLDs, ccTLDs) and their registries • Doesn’t point to individual domain name registrations • Key issues: • How do you get in the database? • How do get taken out of the database? • How do you change the contents of the database? • What happens if more than one root?
  13. 13. domain name system - registries Root server (mirrored, TLD info, ICANN control) Registries (gTLDs, ccTLDs) Registrars (single, competitive) Registrants (domain name holders)
  14. 14. domain name system - registries • Several responsibilities: • Determine registration rules • Determination registry policies (some required) • Manage the registry • Maintain the registry database - names, numbers • May manage registrations (many do not) • Many different models - for profit, non-profit, govt run, academic-run, etc. • Key issues: • How do you get to be a registry? • ICANN, government relationships
  15. 15. domain name system - registrars Root server (mirrored, TLD info, ICANN control) Registries (gTLDs, ccTLDs) Registrars (single, competitive) Registrants (domain name holders)
  16. 16. domain name system - registrars • Many TLDs employ competitive registrar system • Company that registers domain names • Typically contractually “regulated” by registry • “Purchases” domain at wholesale price from registry; free to resell to the public at any price • Maintains direct relationship with registrant • Subjects registrant to domain name policies via contract • Hundreds of domain name registrars for gTLDs • ccTLDs employ various models • Registrars employ different biz models - direct sale, resellers
  17. 17. domain name system - registrants Root server (mirrored, TLD info, ICANN control) Registries (gTLDs, ccTLDs) Registrars (single, competitive) Registrants (domain name holders)
  18. 18. domain name system - registrants • Individuals, companies, etc. who hold rights to domain name • Contractual rights, rarely treated as a property right • Renewable contract • First come, first serve • May be subject to registration restrictions - ie. presence requirements, limit on number of domains, restricted names • Contract typically references wide range of policies
  19. 19. the governance issues • ICANN oversight • Government involvement (alone or via ITU) • WHOIS information - what is displayed • Internationalized domains • Domain name dispute resolution • Creation of new TLDs • Relationship between ICANN and various interests (registrants, registrars, TLDs, RIRs)
  20. 20. the governance evolution…
  21. 21. Postel • 1970s - early 1990s - someone needs to allocate names and numbers • Jon Postel - director of computer networks at USC • managed names, numbers, and developed RFCs (IANA established in 1972) • did so under contract with USG
  22. 22. Managing the DNS - 1991 • USG (defense dept) awards the registration of domains to Government Systems Inc. • Contract is sub-contracted to Network Solutions Inc. (NSI) • U.S. military still funding most activity • Postel still running IANA
  23. 23. Managing the DNS - 1992 • Cerf incorporates Internet Society (ISOC) - viewed as launching pad for privatization of DNS (Internet Architecture Board) • 300 dn registrations/month
  24. 24. Managing the DNS - 1993 • Defense department no longer wants to pay for this - most growth is non-military • National Science Foundation awards a contract - NSI to handle registrations (sole bidder) • NSI exclusive registry and registrar for .com, .net, and .org domains • NSI paid $1 million for service • no fee for registration • first come, first served
  25. 25. Managing the DNS - 1994 • Postel prepares charter to transfer IANA to Internet Society • USG becomes engaged in legal status of the DNS
  26. 26. Managing the DNS - 1995 • NSI acquired by SAIC (listed on NASDAQ in 1997, sold to Verisign for $21 billion in 2000) • NSI levies fee for dn registration after acquisition - US$100 for two years (later reduced via court action to US$70) • 45,000 dn registrations/month • Postel proposes creating 150 new TLDs to counter registration fees • revenues (registry fee plus percentage) to go to Internet Society
  27. 27. Managing the DNS - 1996 • community rejects Postel proposal • trademark community dislikes • prospective registries dislike fees • ISOC establishes IHAC - brings together WIPO, ITU, Postel • delivers new internet governance plan • registry/registrar model • trademark protection • limited number of new TLDs
  28. 28. Managing the DNS - 1997 • ISOC - ITU plan signing ceremony to establish IHAC plan in March • Strong reaction against the plan: • NSI • trademark interests • US Congressional hearings • EU representation • USG issues formal policy notice in July - ultimate authority but desire to relinquish to private sector
  29. 29. Managing the DNS - 1998 • January - Postel emails mirror root server operators to change the root from NSI to IANA • White House intervenes within one week - orders him to rescind request • February - White House issues “Green Paper” - USG definitive control over root server
  30. 30. Managing the DNS - 1998 • June - USG releases “White Paper” • government accountability with private sector leadership • private sector leadership to be ISOC/Postel • new entity to hold responsibility for names and numbers • no new TLDs • domain name dispute resolution (via WIPO)
  31. 31. Managing the DNS - 1998 • Summer - • ISOC/Postel moves forward with transition • International Forum works on private sector alternative
  32. 32. Managing the DNS - 1998 • September - • ISOC refuses to participate in IFWP • ICANN established as California non-profit corporation • 18 board positions • Postel as CTO
  33. 33. Managing the DNS - 1998 • October • USG orders ICANN to negotiate with IFWP and alternatives •Jon Postel dies • November • ICANN agrees to limited changes focused on the board • 9 places for supporting orgs • 9 places for users (“at large”) • formal USG approval for ICANN
  34. 34. Managing the DNS - 1999 First Half of the year • ICANN establishes guidelines for registrar accreditation • USG regulates NSI - registrar relationship -- sets price at $9/domain • NSI balks at handing over registry function
  35. 35. Managing the DNS - 1999 Second Half of the year • NSI, USG, and ICANN reach settlement • NSI gets exclusive gTLD function for 4 years with an extra four possible • price reduced to $6/domain in 2000 • USG backs off transfer of authority to ICANN • ICANN implements UDRP • ICANN appoints nine directors • New Chair of the ICANN Board - Vint Cerf
  36. 36. Managing the DNS - 2000 • worldwide at-large elections • reduce number from 9 to 5 • extend terms for appointed members (“boardsquatters”) • new TLDs • expensive application process • the usual suspects
  37. 37. Managing the DNS – 2001-02 • at-large membership • study led by Carl Bildt on at-large approach • ultimately eliminate at-large • begin addressing whois, idns • first major ccTLD agreement – auDA • .org transferred from Verisign to ISOC (Public Interest Registry)
  38. 38. Managing the DNS - 2001
  39. 39. Managing the DNS – 2003-04 • Paul Twomey, Australian & former head of GAC, named CEO • ccNSO agreement • ITU pushes with WSIS process • ITU focuses on ccTLDs and WSIS process; creates wedge between U.S. and EU • redelegation of .net opens
  40. 40. Managing the DNS - 2005 • verisign keeps .net for six more years • verisign and icann settle litigation - versign gets indefinite extension of dot- com and right to increase prices • governments intervene in dot-xxx domain extension • wsis concludes in tunis - open to more govt involvement but u.s. retains control • creation of Internet governance forum (IGF)
  41. 41. Managing the DNS - 2006 • icann reaches new agreement with usg • may provide for icann independence by 2010 • may require dropping whois reform • icann approves verisign settlement over community objections • icann kills dot-xxx domain • icann reaches agreements with large numbers of ccTLDs • internet governance forum - growing pressure on idns
  42. 42. icann org chart
  43. 43. Managing the DNS – 2007 - 2010 • ongoing battles over whois, new domains, USG control • Vint Cerf joins Verisign’s Advisory Board • ITU continues work with annual IGF meetings • battles over .xxx domain with greater government involvement
  44. 44. Managing the DNS – 2011- 2013 • Two issues dominate: 1. ITU vs. ICANN (or ROW vs. U.S.) - ITU uses WCIT process to gain greater governmental involvement in the internet governance process - Some governments want GAC to play bigger role 2. New TLDs - Thousands of applications - Big revenue - Different business models - New “threats”
  45. 45. icann org chart
  46. 46. Managing the DNS – 2014-15 • Post-Snowden environment drives latest change • U.S. to transition away from IANA oversight • Sets terms: multi-stakeholder, not government based • Just a transition to ICANN? • U.S. still maintain jurisdiction (ICANN, gTLDs) • generic TLD battles
  47. 47. Managing the DNS – 2016 • Proposed IANA deal: • enhanced ICANN accountability • empowered communities (including GAC) • structural separation • numbers out of ICANN • ICANN control over names • Deal subject to approval from NTIA and U.S. Congress
  48. 48. Managing the DNS – 2017 • IANA deal concluded • New gTLDs delayed • Governments battle over privacy/WHOIS

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