the global war for internet governance This page intentionally left blank laura denardis The Global War for Internet Governance new haven and london Copyright © 2014 by Laura DeNardis. All rights reserved. This book may not be reproduced, in whole or in part, including illustrations, in any form (beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), without written permission from the publishers. Yale University Press books may be purchased in quantity for educational, business, or promotional use. For information, please e-mail [email protected] (U.S. offi ce) or [email protected] (U.K. offi ce). Set in Scala type by Westchester Publishing Ser vices. Printed in the United States of America. Library of Congress Cataloging- in- Publication Data DeNardis, Laura, 1966– The global war for internet governance / Laura DeNardis. pages cm Includes bibliographical references and index. ISBN 978- 0- 300- 18135- 7 (cloth : alk. paper) 1. Internet governance— Law and legislation. I. Title. K4345.D46 2013 384.3'3—dc23 2013017552 A cata logue record for this book is available from the British Library. This paper meets the requirements of ANSI/NISO Z39.48– 1992 (Permanence of Paper). 10 9 8 7 6 5 4 3 2 1 For Deborah Rebecca Smith This page intentionally left blank contents 1 The Internet Governance Oxymoron 1 2 Controlling Internet Resources 33 3 Setting Standards for the Internet 63 4 Cybersecurity Governance 86 5 Governance at the Internet’s Core 107 6 Internet Access and Network Neutrality 131 7 The Public Policy Role of Private Information Intermediaries 153 8 Internet Architecture and Intellectual Property 173 9 The Dark Arts of Internet Governance 199 10 Internet Governance and Internet Freedom 222 vii viii contents List of Abbreviations 245 Notes 249 Glossary 267 Recommended Reading 273 Index 277 chapter one The Internet Governance Oxymoron internet governance conflicts are the new spaces where po- liti cal and economic power is unfolding in the twenty- fi rst century. Tech- nologies of Internet governance increasingly mediate civil liberties such as freedom of expression and individual privacy. They are entangled with the preservation of national security and the arbitration of digital commerce and innovation. The diff use nature of Internet governance technologies is shifting historic control over these public interest areas from traditional nation- state bureaucracy to private ordering and new global institutions. Many of these governance functions are technically and institutionally complicated and therefore out of public view. Yet how confl icts over Internet governance are settled will determine some of the most important public interest issues of our time. The term “Internet governance” conjures up a host of seemingly unrelated global controversies such as the prolonged Internet outage in Egypt during po liti cal turmoil or Google’s decision not to acquiesce to U.S. government requests to completely remove an incendiary po liti cal video from YouTube. It invokes media narratives about the United Na- tions trying to “take over” the Internet, cybersecurity concerns such as denial of ser vice attacks, and the mercurial privacy policies of social media companies. These issues exist only at the surface of a techno- logically concealed and institutionally complex ecosystem of governance. 1