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Internet regulation
International
An issue of ownership
Who owns your phone company?
What does your phone company own?
Who regulates your phone company?
Why does it regulate it the way it does?
Ownership and the Internet Who owns the Internet?
Tough question, two answers:1. No one, because the Internet is not a “thing,” it is a collection of
things – it is a “network of networks”2. Vital parts of them are owned by key American and multinational
entities, but parts are owned by international organizations or governments
Root servers – run by several organizations, supervised by ICANN Backbone
27.9% - UUNET/WorldCom/MCI 10.0% - AT&T 6.5% - Sprint
Great Wall of China
The Internet is at its core
A collection of networks united by Protocols (TCP, HTTP, etc) A system of addressing
IP address system Domain Name System Root Domain Name Servers (master phone books)
The core technologies (IP addresses, protocols) are not owned by anyone, are in the public domain
Who runs the Internet ICANN
Responsible with maintaining the Domain Name system Responsible with maintaining the system by which the
addresses are found (IP addresses) Settles domain names disputes Monitors the registrars Does not “own” the Internet
Other organizations IETF and W3 consortium
Maintain the Internet protocols IP Http CSS
ICANN
A non-profit organization Incorporated in the US Has no power of law Makes sure technologies are kept neutral Only means of recourse in case of non-
compliance, civil lawsuit (Registerfly example)
Important concepts
IP address: allocated by ICANN to Regional organizations, who distribute them to ISPs
Domain Name: allocated by ICANN to Registrars, who rent them to consumers
IPv6: a system of addressing that can include 2 to the power of 168 combinations, as opposed to our current system, that only has 4 billion possible addresses (2 to the power of 32)
Key organizations
Registrars: rental agencies for your Domain Names Go Daddy Network Solutions RegisterFly examples
Internet Service Providers: Allocate Internet Protocol numbers (IP addresses)
Backbone organizations (Tier 1 providers, Global Crossing)
Who else regulates the Internet internationally? Each national government
Why?
Because they can!
Issues What is the Internet?
Broadcast medium? Print medium? Oral medium?
Who should regulate the Internet internationally?
ICANN – the current “governing” organization Is a technical body Is a non-profit organization incorporated in California
Does not reflect the will of the nations, but of various activists and policy makers, from all over the world Should it be “upgraded”? Should it become something like ITU (International
Telecommunications Union)? The US says NO If given too much power such organization could
demand institutionalized censorship
How should it be regulated at the International level
Market forces (Epstein and Hazlett)
International Constitution/Organization based on a constitutional first amendment like provision (Noam)
How much should be left to the national governments
Yahoo vs. France
Yahoo sued in France for violating the French law against Nazi propaganda Sale of Nazi memorabilia on Yahoo Auctions
using both .fr and .com domains Yahoo loses lawsuit: 15 mil and counting Yahoo sues back in an American court
France should not regulate content on American servers, even if content is accessible to people in other countries
Yahoo vs. France
American courts reluctant to take up the case Can impact Americans abroad Can impact local legislation Ultimately, the 9 Circuit Court of Appeals took up the case
and told Yahoo to pay up Yahoo happy, since the American court accepted
jurisdiction
Fallout: what happens if China decides to forbid Google from serving pages about democracy?