Cybertelecom Federal Internet Law & Policy An Educational Project

DNS: WSIS: WGIG : UN

Derived From: Derived From: Lennard Kruger, Internet Domain Names: Background and Policy Issues, Congressional Research Service p 3 (Oct. 28, 2009):

Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet. [WGIG 2005 ¶ 10]

Because cyberspace and the Internet transcend national boundaries, and because the successful functioning of the DNS relies on participating entities worldwide, ICANN is by definition an international organization. Both the ICANN Board of Directors and the various constituency groups who influence and shape ICANN policy decisions are composed of members from all over the world. However, many in the international community, including foreign governments, have argued that it is inappropriate for the U.S. government to maintain its legacy authority and control over ICANN and the DNS, and have suggested that management of the DNS should be accountable to a higher intergovernmental body.

The United Nations (U.N.), at the December 2003 World Summit on the Information Society (WSIS), debated and agreed to study the issue of how to achieve greater international involvement in the governance of the Internet and the domain name system in particular. The study was conducted by the U.N.'s Working Group on Internet Governance (WGIG). On July 14, 2005, the WGIG released its report, stating that no single government should have a preeminent role in relation to international Internet governance. The report called for further internationalization of Internet governance, and proposed the creation of a new global forum for Internet stakeholders. Four possible models were put forth, including two involving the creation of new Internet governance bodies linked to the U.N. Under three of the four models, ICANN would either be supplanted or made accountable to a higher intergovernmental body. The report's conclusions were scheduled to be considered during the second phase of the WSIS held in Tunis in November 2005. U.S. officials stated their opposition to transferring control and administration of the domain name system from ICANN to any international body. Similarly, the 109th Congress expressed its support for maintaining U.S. control over ICANN (H.Con.Res. 268 and S.Res. 323).14

The European Union (EU) initially supported the U.S. position. However, during September 2005 preparatory meetings, the EU seemingly shifted its support towards an approach which favored an enhanced international role in governing the Internet. Conflict at the WSIS Tunis Summit over control of the domain name system was averted by the announcement, on November 15, 2005, of an Internet governance agreement between the United States, the EU, and over 100 other nations. Under this agreement, ICANN and the United States remained in control of the domain name system. A new international group under the auspices of the U.N. was formed-the Internet Governance Forum-which provides an ongoing forum for all stakeholders (both governments and nongovernmental groups) to discuss and debate Internet policy issues. The Internet Governance Forum does not have binding authority. It is slated to run through 2010, at which point the U.N. will consider whether to continue the body.

Documents

World Information Society Report 2006, ITU 9/26/2006

WSIS Prepcom-3 Meeting Underway: Internet Governance Under Debate, ITU 9/19/2005

Root Servers, Anycast, DNSSEC, WGIG and WSIS, ITU 7/29/2005

Internet Governance Project: The Future US Role in Internet Governance, ITU 7/29/2005

Presentation of the WGIG Report, WGIG 7/19/2005

Report of WGIG June 2005

Experts meet at UN to examine Internet regulation, UN 3/26/2004

Papers

• " Understanding WSIS: An Institutional Analysis of the UN World Summit on the Information Society ," Information Technology and International Development , "Special Issue on WSIS." MIT Press, Vol.1, No. 3-4, Spring-Summer 2005, pp. 3-13.

News

• U.S. control of Internet remains touchy, MSNBC 10/26/2006
• ICANN Beginning to Smell Control, Internet News 10/3/2006
• At U.N. Internet summit, calls for change, CNET 11/2/2006
• EU backs US decision on ICANN, America's Network 11/2/2006
• First Internet Governance Forum: Internet must remain the driver for democracy and economic development, says Commission, Europa 11/2/2006
• United Nations lauds internet's 'arranged marriage', Register 11/2/2006
• Global forum on Web bridges 'cultural gap', RTE 11/2/2006
• 'Gambits' are a risk to Internet domain system, IHT 10/30/2006
• EU exec praises ICANN work on Internet, AP 10/30/2006
• First Internet Governance Forum: Internet must remain the driver for democracy and economic development, says Commission, Europa 10/30/2006
• US Retains Control of Internet, Moscow Times 11/22/2005

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