At its recent meeting in Marina Del Rey, California, the Internet
Corporation for Assigned Names and Numbers announced that ".info",
".biz" and ".name" as well as four other top-level domain names
would soon join the familiar ".com" and ".gov" on computer screens.
But a question that still leaves many people stumped is, what
is ICANN and why is it making decisions regarding, well, anything?
ICANN is not governmental in the usual sense. It does not oversee
a country, State or territory. It does not have an army or even
a police force.
At present, its authority appears somewhat limited: ICANN has
responsibility for the management of the internet's address
book.
That is, it makes rules that determine who gets the rights
to website names and manages the technical facilities that make
CNN's website appear when you type "http://www.cnn.com" into
your browser.
ICANN is not part of the US Government -- or any other government
for that matter. It's a private, non-profit corporation created
by the late Jon Postel, one of the architects of the internet.
As significant as it is to net aficionados and entrepreneurs,
ICANN is more noteworthy as a harbinger of government evolution
in the globalisation era. With trade, communications, crime
-- almost every form of human activity -- routinely crossing borders,
political boundaries are less relevant every day. As a result,
the mechanisms we rely upon to regulate everything from accounting
standards to telephony are creaky and outdated.
How can the US Food and Drug Administration meaningfully protect
Americans from dubious drugs if manufacturers around the world
have direct access to US consumers? How can local law enforcement
officials from Germany or Bolivia punish operators of rogue
gambling operations based in the Caribbean? How can Australian
financial regulators verify the claims made by issuers of stocks
and bonds on the other side of the world?
The solution is a world government run by people in polyester
jumpsuits. But this approach is far-fetched. National governments
will not vote themselves out of existence -- and most people
would look terrible in unitards. More likely, entities like
the World Trade Organisation and the World Intellectual Property
Organisation will proliferate and governments of the world will
slowly cede to them greater authority over international transactions
and activities. They will propagate and enforce regulations
that apply in all jurisdictions.
ICANN takes the governance experiment one step further. Unlike
treaty-based organisations, ICANN hopes to sever all formal
ties to national governments and be responsible only to "the
internet community". This is immensely appealing -- on paper.
But the early experiences of ICANN indicate that this model
of quasi-government introduces vexing challenges.
Representativeness: Identifying those eligible to
participate in ICANN decision-making is difficult and contentious.
Vocal critics argue that ICANN is biased towards corporations
interested in commercial property rights. Recently, ICANN
bowed to objections and cancelled an indirect election of
new board members. In its stead, it ran a direct election
open to anyone who registered in advance. Although marred
by procedural complaints, the election saw at least one ardent
ICANN critic join the board. ICANN has subsequently delayed
additional elections and extended terms for some incumbent
directors. Not surprisingly, critics have again cried foul.
Are objections to the composition of the ICANN board likely
to end anytime soon? Don't bet on it.
Challenges to authority: Unlike traditional governments,
ICANN has no monopoly on force, 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 in various jurisdictions. Maintaining
authority is difficult when dissatisfied parties can shop
for a new venue.
Accountability: At present, the US Commerce Department's
National Telecommunications and Information Administration
informally oversees ICANN. In the future, however, it is anticipated
that ICANN will not look to Uncle Sam for guidance. But that
will leave ICANN unsupervised. Who will hear objections? Who
will investigate alleged wrongdoing?
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 resulting
diplomatic hiccup provided a small reminder that organisations
have a funny habit of using authority in ways that few imagine.
ICANN may some day make decisions that affect the ability of
national governments to protect property rights or police internet
transactions. The consequences could be more than symbolic.
ICANN remains an obscure entity with an odd acronym. So was
the WTO before the violent protests in Prague and Seattle. The
world is changing and government is adapting, taking new forms
to accommodate the new reality. Who can tell you what it will
look like? ICANN.
Copyright 2000, Australian Financial Review
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