Monday, April 14, 2014

Will Obama punt?


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L. Gordon Crovitz reports that
Less than a month after announcing its plan to abandon U.S. protection of the open Internet in 2015, the White House has stepped back from the abyss. Following objections by Bill Clinton, a warning letter from 35 Republican senators, and critical congressional hearings, the administration now says the change won't happen for years, if ever.

"We can extend the contract for up to four years," Assistant Commerce Secretary Lawrence Strickling told Congress last week, referring to the agreement under which the U.S. retains ultimate control over the Internet Corporation for Assigned Names and Numbers, known as Icann. If the administration makes good on that reassurance, it would punt the decision to 2019 and the next president.

Nongovernmental "multi-stakeholders," such as engineers, networking companies and technology associations, now run the Internet smoothly. They are free to do so because the U.S. retains ultimate control over Internet domains, blocking authoritarian regimes from censoring or otherwise limiting the Internet outside their own countries.

The Obama administration proposal would have treated other governments as equal stakeholders, turning the concept of private-sector self-governance on its head. Robert McDowell, a former commissioner at the Federal Communication Commission, pointed out at the Hudson Institute event that "'multi-stakeholder' historically has meant no government," not many governments.

Steve DelBianco of the NetChoice trade association gave this example in congressional testimony: Under Icann rules, a majority of governments can simply vote to end the current consensus approach and switch to majority voting. China and Iran are already lobbying for this change. Russia, China and other governments switched to majority voting to outfox the U.S. at a conference of the International Telecommunications Union, a United Nations agency, in 2012. Mr. Sepulveda called that an "anomaly," but the result was an 89-55 vote for a treaty giving U.N. legitimacy to governments cutting off the open Internet in their countries. This division of the Internet into open and closed networks goes into effect next year.

Granting these countries access to Icann and the root zone filenames and addresses on the Internet would give them the potential to close off the global Internet, including for Americans, by deciding rules for how all websites anywhere must operate.

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