I read an alarming guest editorial at the Wall Street Journal's Web site the other day. The article, “The U.N Threat to Internet Freedom,” was written by Robert M. McDowell, a commissioner of the Federal Communications Commission.*
The article is quite a piece of work. McDowell believes the United Nations' International Telecommunications Union (ITU), under pressure from Russia and China, is poised to wrest control of the Internet away from existing technical advisory groups such as the Internet Assigned Numbers Authority (IANA), the Internet Engineering Task Force (IETF), and the Internet Society (ISOC). McDowell warns that the future of the Internet will no longer be in the hands of level-playing-field technologists, but under the control of national governments.
Among other things, McDowell predicts that the ITU is preparing to renegotiate a 1988 treaty and seize the power to, in his words:
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Allow foreign phone companies to charge fees for "international" Internet traffic, perhaps even on a "per-click" basis for certain Web destinations, with the goal of generating revenue for state-owned phone companies and government treasuries;
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Impose unprecedented economic regulations such as mandates for rates, terms and conditions for currently unregulated traffic-swapping agreements known as "peering";
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Establish for the first time ITU dominion over important functions of multi-stakeholder Internet governance entities such as the Internet Corporation for Assigned Names and Numbers, the nonprofit entity that coordinates the .com and .org Web addresses of the world;
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Subsume under intergovernmental control many functions of the Internet Engineering Task Force, the Internet Society and other multi-stakeholder groups that establish the engineering and technical standards that allow the Internet to work;
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Regulate international mobile roaming rates and practices.
It all sounds very dire. McDowell's article has sparked a ruckus at reddit, techdirt, and other technology-oriented online forums.
I agree with McDowell that a government takeover of Internet management would likely be disastrous. The Internet has grown and prospered largely because the technologists who administer it and plot its future are not beholden to national interests.
But I'm not going to ring the alarm bells just yet. As The Register points out, the ITU's publicly posted agenda doesn't include any of the issues that worry McDowell. The ITU lacks the resources to take over the Internet. An Internet takeover is contrary to the ITU's mission. And the ITU doesn't have the authority to execute the takeover McDowell fears.
Blogger Jerry Brito has additional doubts about McDowell's dire predictions:
Assuming every other country agrees to centralize control of the Internet, wouldn’t true control require the U.S. handing over the root to the UN? Why would we ever do that? And what does it mean to “Subsume under intergovernmental control many functions of the Internet Engineering Task Force, the Internet Society and other multi-stakeholder groups that establish the engineering and technical standards that allow the Internet to work”? These are volunteer-run non-profits. How can they be “subsumed” by the ITU? Why would they submit?
And even if they are subsumed, all the power they now employ is merely putting out technical recommendations. It is the voluntary adhesion to these recommendations by the thousands of networks that make up the Internet which make them powerful. How would you mandate compliance with new standards from a centralized global body? Would nations have to make it illegal to belong to a rebel IETF putting out recs to compete with the ITU? I’m having a hard time envisioning how you ”repeal and replace” such a large, distributed, and successful bottom-up process.
The ITU is meeting at the World Conference on International Telecommunications in Geneva this week. If they agree to formulate an Internet regulatory plan, as McDowell fears, the plan could pass into law at the ITU's 2012 World Conference On International Telecommunications, slated for December in Dubai. The 1988 regulations governing the relationship between the UN and the Internet – the International Telecommunication Regulations – will be subject to renewal and renegotiation in Dubai.
A more comprehensive overview of what is at stake is available in The 2012 World Conference On International Telecommunications: Another Brewing Storm Over Potential UN Regulation Of The Internet, an article written by two attorneys at Washington-based law firm/lobbying enterprise Wiley Rein. I presume that the lawyers are speaking on behalf of an industry client. A history of Wiley Rein's lobbying efforts is available at OpenSecrets.org. It's not clear – to me, at least – who the firm's client might be in the current issue.
Is independent governance of the Internet really vulnerable to government takeover? I think it is. We've seen U.S. law-enforcement agencies take an increasingly aggressive stance regarding use of the Internet as a crime-detection and suspect-tracking tool (the news is full of more and more disturbing reports), and countries throughout the world are looking to censor or control the Internet for their own purposes. Governments are not doing enough to protect us from corporate interests and they are doing to much to morph the 'net into a tool for monitoring and controlling citizens.
Still, despite the real threats, I think McDowell is overreacting in this case. If other countries are (understandably) eager to reduce the U.S. government's control over the Internet, that may not be such a bad thing. The Internet is a global resource, and global participation in governance bodies is something to be desired, not feared.
Web recommendation: AT&T Bell Labs is rightly legendary in the programming world – indeed, in many technical fields. I enjoyed these observations about how and why Bell Labs was able to make such breakthroughs, an analysis by Jon Gertner of The New York Times. J.D. says check it out.
J.D. Hildebrand has written hundreds of articles for dozens of publications and online communities dedicated to software development. He walks everywhere these days.
* The FCC is by law a five-commissioner body, but it's currently down to three members. President Obama has nominated a pair of attorneys, Jessica Rosenworcel and Ajit Pai, to fill the empty seats, but political wrangling is preventing their timely confirmation.