Making Better Internet Policy: An Analysis of the National Information Infrastructure Initiative*

Jeremy PesnerCommunication, Culture & Technology

*Or, how we can all learn to stop worrying and prevent future SOPAs

IntroductionThe Internet today

• Internet has influenced much of our social world

• The reason we’re all here (viva la CCT)

• Internet, telecom & innovation policy all extremely important

Users as StakeholdersThe power is yours

• Enables online communities – Second Life, Wikimedia, Reddit (Tapscott, Benkler, Kraut, Shirky)

• A “bastard culture” (Schaefer) where anything can be hacked

• Avenue for entrepreneurship (Silicon Prairie)

• And so much more…

Recent Internet PolicyWhose interests are driving this?

• SOPA/PIPA – Would have placed the onus on ISPs to filter content, could disassociate DNS and IP addresses

• PRISM – A large percentage of US Internet traffic is being monitored

• Online censorship – “Always on” filters in Britain to remove “esoteric material”

When the Other Shoe Drops…It hurts like hell

• SOPA/PIPA – Would have caused security holes at the IP link layer, chilled innovation, placed undue onus on sites

• PRISM – Reputation and security of US Internet companies jeopardized, US accused of international crimes

• Online censorship – Already a coalition mounting to push back

Limited Stakeholder ParticipationUsers nowhere to be seen

• Many Internet users not technically or politically savvy

• Much of this policy made behind closed doors

• Internet is a global, not national, phenomenon. Governed in multistakeholder fashion

Getting Stakeholder FeedbackBecause users are people too, dammit

• I planned to seek stakeholder feedback on the development of Internet policy

• By understanding user interactions and understanding of the Internet, better policy principles could be derived

• What could possibly go wrong?

The Widespread InternetIt’s not just for cat photos anymore

Map of Stakeholder Conversations Around SOPA, January 16-23, 2012(source: Benkler, Roberts et al, 2013)

Compromise: DiversityJust the tip

If diversity in policymaking is positive, that is a proxy for increased diversity in user

feedback

The National Information Infrastructure (NII)

When the Internet was invented

• Mid-90s policy initiative spearheaded by Al Gore

• Discussed many issues: intellectual property, universal service, privacy, etc.

• A number of different stakeholders represented

Why Study the NII?I’m glad I asked

• It was the first major and sweeping Internet policy initiative

• It was user-oriented

• The stakeholders are more readily identifiable

• The initiative has not been closely examined since around 2000

How Should I Do It?STS theory lightning round

• Technological Determinism too broad

• Social Construction of Technology too limiting

• Theory of Actor-Network Theory paints an adversarial picture

• All focused on technology development, rather than policy deliberation

Diversity “Hypothesis”Organizational, Network & Complexity Theory

• Functional diversity produces more ideas, but can impede group collaboration (Williams & O’Reilly)

• Diversity helps groups make better decisions (Page)

• Intersectional ideas formed between disciplines (Johansson), so different perspectives should be brought together

Science & Internet policymakingA real hodgepodge here

• Science should not be “value-free” (Douglas)

• Values strongly drive certain issues of Internet policy (Cheng, Fleischmann et al)

• Public participation in policymaking is effective when used well (Rowe & Frewer)

• Internet governance has a history of “rough consensus and running code” (multistakeholder)

Grounded TheoryThis is how we do it

• Data-driven methodology: ideally “blank slate” research, but not possible in most cases

• Assisted by lit review, thoughts on values & diversity

• Actor-Network Theory method: Follow the actors

• Boundary objects: Reports and concepts can reveal differing interpretations

Internet HistoryWell, a summary of a summary

• Funded by ARPA, developed by universities

• Network Working Group was a bunch of researchers informally working on network research. A welcoming bunch

• Cerf & Kahn invented TCP/IP, turning distinct networks into an “inter-network”

• Over time, governance structures emerged to deal with conflicts of interest

Internet Governancei.e. the NWG today

Decisions and discussions regarding the Internet occur in a multistakeholder fashion(this basically means anyone is welcome)

Al GoreThe man with the master plan

• An “Atari democrat” in the 1970s, focused on technology and growth

• Authored High-Performance Computing Act, which focused significant money & attention on IT

• Asked Clinton to run the show on IT, so he became large and in charge

• Coordinated NII efforts, spoke around the world on these issues

He Didn’t Invent ItNo more stupid jokes (mine was the last one)

• “…I took the initiative in creating the Internet.” – 1999 CNN interview

• This was just poorly phrased

• “No other elected official, to our knowledge, has made a greater contribution [to the Internet’s development] over a longer period of time.” – Cerf & Kahn

• A vital leader of the NII

IITF OrganizationIt took me way too long to figure this out

(source: Drexel University Archives)

National Information Infrastructure Advisory Council

Advisory council included representation from:

• Academia• Advocacy groups• Content industries• Public school education• Research institutions• State & local government• Technology industries• Telecommunications industries

The council deliberated at a high level, publishing reports with educational tips and policy proposals for the NII

Working Group on Intellectual Property

Chaired by USPTO head Bruce Lehman

• Published Green Paper recommending significant changes to copyright law

• Abolition of first-sale doctrine, no mention of fair use

• Lehman widely accused to limiting input from other members, working solely with industry

• Blowback from Digital Future Coalition• White Paper said law already protected

IP owners• Lehman limited negotiating table, pushed

DMCA through Congress

NIIAC input was not considered during copyright deliberations

Working Group on Universal ServiceWorking Group did not publish report

• FCC chairman Reed Hundt worked with Gore to enable cross-industry competition and extend connectivity to every classroom

• Government became Republican in 1994 – this made things tricky

• Big long debate – eventually compromised on Telecom Act of 1996

• FCC rulemaking process managed to increase competition and get connectivity to many schools

• Criticized for “expert capture” (Garcia)

NIIAC was comprised of parties on differing sides – did not participate in debate

Working Group on PrivacySally Katzen seemed to lead this one

• No privacy legislation passed during this time

• Working group published several reports explaining high-level privacy principles

• Criticized by EPIC for not using stronger 1973 guidelines (for government-stored information)

• Highlighted privacy laws/norms already in place in government, proposed a privacy entity within government

• Peter Swire filled this role, but no one has since

• Few people posting personal info online at this point

NIIAC criticized the working group for not focusing on the user perspective and private sector

Free SpeechWhen freedom isn’t free

• Senator James Exon wrote the Communications Decency Act as a 1996 telecom amendment

• Did not allow pornography to be posted where minors could access it

• Criticized and lambasted by many entities, including NIIAC, on many grounds

• Declared unconstitutional the following year

e-CommerceBrick and mortar need not apply

• Several organizations discussed this even before NIIAC

• NIIAC set out basic recommendations for e-commerce – dovetailed with IP, privacy

• Ira Magaziner proposed e-commerce framework in 1997, established interagency group

• Unclear who writes the rules on the global stage

Other IssuesAll of these things are not like the others

• Telecommunications standards were debated, IP protection could prevent interconnection

• Global Information Infrastructure Commission (GIIC) established to coordinate NII efforts around the world

• Scenarios published explaining how NII technologies could improve shopping, medicine, communication, etc.

Analytical PerspectiveEnthusiasts, Deregulators, Guardians and Skeptics

(source: Case, 1998)

“We need a network that everyone can participate in and learn from.”

“The private sector commands wealth, innovation and the promise of economic growth.”

“The Internet is going to change everything. Just wait and see.”

“This is just another tool for corporations/government to assert their dominance.”

InterviewsWhere the fun really starts

• Seventeen stakeholders interviewed• Members of NIIAC• Leaders of IITF• Government officials• Outside experts on Internet history/governance

• Some recordings of NIIAC meetings also briefly analyzed

• Coded and categorized – Four main categories

Diversity in DecisionmakingBet you forgot about this

• “Collectivizing information and getting to know people from different spheres who were relevant was a big driver of positive development.”

• “Not everyone could draft—and when you draft by committee, it gets god-awful.”

• “You need broad participation from all stakeholders, but you don’t want [the committee] owned by any of them. I think it’s what happens before you constitute the committee that’s determinative.”

Understanding of the NIIDon’t criticize what you don’t understand

• “What is it? You know, just what is this super-information highway and how can I access it and how can I connect and what is going to be its cost?”

• “Kids [hackers] were being charged with felonies. It was a lock ’em up and throw away the key mentality. It was clear the law enforcement had no understanding of the environment.”

• “This stuff is wild. This is an incredible communicative environment. We need to be very careful about restricting it on first amendment grounds.”

Effectiveness of the NIIWas it all worth it?

• “I like to think that the work we did made a difference.”

• “My takeaway was that it was about people protecting their interests, which ultimately represented in documents that were a hodgepodge of everyone's interests.”

• “There was nothing at stake. There’s no money at stake. There’s no legislation at stake. There’s no thing that people need to fight to the death about. So it doesn’t matter. I mean, who cares?”

Top LeadershipFollow the leader

• “Without him [Gore], we wouldn’t have had it. Because he worked hard for the funding for it and for raising awareness.”

• “The most important thing about the NII… was the geographic and personal focus of the Vice President, as the person who paid the most attention to every single issue.”

• “Ira [Magaziner] had the president’s ear.”

Theory of the NIILet’s wrap it up, folks

  Intellectual Property

Universal Service

Information Privacy

Free Speech e-Commerce

Diversity in Decisionmaking

Weak Strong Middling Weak Strong

NII Understanding

Middling Middling Middling Weak Strong

NIIAC Effectiveness

Weak Weak Middling Middling Middling

Top Leadership Strong Strong Middling Strong Strong

Grounded Theory is “being eclectic, drawing on what works, defining what fits” (Charmaz, 2006)

Concluding AnalysesI Fight for the Users

• Users have been unable to participate in relevant policy/standards bodies because they lack time and expertise (Davidson et al) (now easier, a la SOPA)

• Users frequently express themselves through communities, but those communities are constantly shifting in needs and composition (Ribes & Finholt)

• A strong public interest perspective is needed in Internet policy debates, especially when the users are not present (Schultze)

RecommendationsIf you remember one slide…

• Greater transparency in policy deliberations. Will enable users to understand the issue and hold representatives accountable

• Connect advisory/advocacy groups with the entities making policy decisions. This will ensure shared information is accurate and useful

• A free and open Internet. Policymakers usually want to change it to solve an unrelated problem. It also has a chilling effect, limiting possible uses

Thank you for your time.Questions?