The future of governance was recently
on display in Yokohama, Japan. It was not a World's Fair, a
U.N. conference or an international exposition. Rather, it was
the latest meeting of ICANN, the Internet Corporation for Assigned
Names and Numbers.
ICANN is not governmental in the usual sense. It does not oversee
a geographic jurisdiction. It does not have an army or even
a police force. What it does possess, however, is authority.
At present, its authority appears somewhat limited: ICANN has
been delegated responsibility for the management of the Internet's
address book. That is, ICANN is making the rules that determine
who gets the rights to Web site names and manages the technical
facilities that makes, say, Amazon.com's (AMZN) Web site appear
when you type "http://www.amazon.com" into your browser window.
But what exactly is ICANN and why should it be making rules
regarding anything? Some people mistakenly think that ICANN
is a U.S. government agency. This confusion is borne of a contemporary
propensity to make government agencies seem more efficient by
calling them "corporations" (for example, the Corporation for
National Service). But ICANN is not part of the U.S. government
-- or any other government for that matter.
No, ICANN is a private, nonprofit corporation. It was created
by the late Jon Postel, former leader of the Internet Society
and one of the architects of the Internet, after the Clinton
administration announced that it would transfer responsibility
for management of domain-name registration to a private organization.
Up to that point the domain-name registry had been administered
by Network Solutions (NSOL) , a private company, under contract
with the National Science Foundation (a U.S. government agency,
despite its misleading name) and later, the U.S. Commerce Department.
ICANN's critics charge that ICANN is an instrument of Internet
interest groups that secretly colluded with the Clinton administration.
The appearance of an objective selection process, they say,
was a sham. Setting aside this controversy, delegating regulation
of the Internet to ICANN (or any other nongovernmental entity)
suggests an approach to the complexities of governance in this
era of globalization that is likely to become common and thus
deserves examination.
Trade, communications, crime -- almost every form of human activity
-- now routinely crosses borders. As a result, the mechanisms
we have relied upon to regulate everything from accounting standards
to telephony now appear creaky and outdated. How can the U.S.
Food and Drug Administration meaningfully protect Americans
from dubious drugs if manufacturers around the world have direct
access to U.S. consumers? How can local law enforcement officials
punish operators of rogue gambling operations based offshore?
How can American financial regulators verify the truthfulness
of the claims made by issuers of stocks and bonds on the other
side of the world?
The science fiction solution is world government. But this
approach seems far-fetched because national governments will
not vote themselves out of existence. The answer is more likely
the growth of entities like the World Trade Organization and
the World Intellectual Property Organization to which governments
of the world will cede authority and responsibility for international
transactions and activities. In theory, such organizations can
overcome many of the logistical problems that restrict national
governments. Their authority ranges across borders. They propagate
and enforce regulations that apply in all jurisdictions.
The creation of ICANN extends the governance experiment one
step further. Unlike treaty-based organizations such as the
WTO, ICANN's creators hope to sever all formal ties to the governments
of the world. ICANN is envisioned as a model for the quasi-government
of the Internet because it is ostensibly responsible only to
"the Internet community." This is immensely appealing -- on paper.
Like many who vilify traditional government agencies, ICANN's
proponents argue that by being independent of "the bureaucracy,"
ICANN will be lean, efficient and free of the political wrangling
that characterizes traditional government. Moreover, ICANN is
promised to be immune to the ideological disputes that make
governance in the nonvirtual world so difficult.
But the early experiences of ICANN indicate that such governance
structures introduce vexing challenges of their own.
For instance, representativeness. ICANN aspires to be a democratic
government for the Internet. Without borders, however, identifying
those with a legitimate right to participate in ICANN's decision-making
is difficult and contentious. There is a vocal group of critics
who argue that ICANN's board of directors and management are
not representative of the Internet user population and, as result,
biased toward corporations with an overriding interest in protection
of their commercial property rights.
The last ICANN meeting, in Cairo, was embroiled in disagreement
regarding the election of additional board members. The board
bowed to objections that an indirect election system would give
the existing board greater authority; the election procedures
are being revised but will allow anyone with an e-mail address
to vote for five at-large members of the board (from a list
put forward by a nominating committee). Will this eliminate
objections to the composition of ICANN? Not likely.
Another difficult issue involves challenges to authority. Governments
have a unique tool to compel subjects to respect their authority:
force. ICANN has no analogous monopoly on power, physical or
otherwise. Indeed, there are ways to circumvent or ignore ICANN.
For example, even as ICANN has established and implemented procedures
for arbitration of domain-name disputes, opportunities to litigate
disagreements abound at the state and federal level. It's difficult
to maintain governmental authority if parties dissatisfied with
the outcome can turn to another venue.
Accountability is also tricky. To whom, exactly, is ICANN accountable?
The question is difficult to answer. At present, the Commerce
Department's National Telecommunications and Information Administration
exercises at least a supervisory role. In the future, however,
it is anticipated that ICANN will grow wings and set out on
its own. ICANN should not look to Uncle Sam for guidance as
it oversees an increasingly international Internet. America's
dominance of the early days of Internet governance was a natural
consequence of its seminal role in the Internet's creation.
But what, if any, body will assume the role now played by the
U.S. government? Opponents can now turn to Congress to air objections
regarding the administration of ICANN. Indeed, Congress ordered
the recently released General Accounting Office report on ICANN.
Who will conduct investigations in the future?
These concerns are expressed now in theoretical terms. But
"what if" can quickly become "what now?" ICANN raised a few
eyebrows by granting the Palestinian authority its own top-level
domain name, the same status accorded nation-states. The symbolic
recognition provides a small reminder that organizations to
which significant authority is delegated have a funny habit
of using it in ways that few imagine. ICANN may someday make
decisions that affect the ability of the U.S. government to
protect property rights or police Internet transactions. The
consequences could be more than symbolic.
It is difficult to picture ICANN, an obscure entity with an
odd acronym, as anything more than a footnote to the rise of
the Internet. But a year ago it would also have been hard to
imagine violent protests disrupting the WTO meetings in Seattle.
The world is changing. Old boundaries are being eroded by commerce,
transportation and communications. And government is adapting,
taking new forms to accommodate the new reality. In this sense,
ICANN is an important harbinger of the controversies to come.
Copyright 2000, The Industry Standard
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