[Politech] Michael Geist's study of governments and domain names [ip]

From: Declan McCullagh (declan@private)
Date: Wed Dec 03 2003 - 07:06:53 PST

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    Date: Mon, 1 Dec 2003 10:28:22 -0500
    To: declan@private
    From: Michael Geist <mgeist@private>
    Subject: Global study on governments and domain names
    
    Of possible interest to your readers -- my regular column features coverage 
    of the results of a global study jointly conducted by the ITU and myself on 
    the role of national governments and their national domains.  The study, 
    which covered 56 countries from every global region and a broad 
    cross-section of developed and developing countries, finds that virtually 
    every government that responded to the survey either manages, retains 
    direct control, or is contemplating formalizing its relationship with its 
    ccTLD.  The column concludes that the debate at next week's World Summit on 
    the Information Society is not whether governments should be involved in 
    Internet governance, but rather how they will be involved in the issue.
    
    Governments and ccTLDs: A Global Survey at
    http://www.michaelgeist.ca/geistgovernmentcctlds.pdf
    Column at
    <http://shorl.com/fastokobruhako> [Toronto Star]
    
    Think Web's virtually government free? Think again
    
    MICHAEL GEIST
    LAW BYTES
    
    The World Summit on the Information Society (WSIS), which will be held next 
    week in Geneva, promises to be one of the most interesting 
    technology-related events in recent memory. The result of months of 
    discussion, the meeting will attract more than 50 heads of state and 6,000 
    delegates who will address issues from the digital divide to Internet 
    governance.
    
    Internet governance questions have proved to be the most contentious during 
    the lengthy preparations for the summit. At the global level, the domain 
    name system is administered by the Internet Corporation for Assigned Names 
    and Numbers (ICANN), a non-profit corporation in California. While ICANN 
    enjoys support from the United States as well as the governments of several 
    other developed countries, including Canada, many countries worldwide have 
    begun to voice the view that all governments should share in the 
    administration of the domain name system. Largely absent from the Internet 
    governance debate in the late 1990s, these countries have awoken to its 
    importance and have sought to place the issue firmly on the global agenda.
    
    The push for greater governmental involvement in the domain name system, 
    however, has many critics. Reflecting the popular notion that the 
    Internet's remarkable growth has come largely without governmental 
    regulation, critics of increased governmental participation in Internet 
    governance believe the domain name system is best left to a decentralized, 
    self-regulatory approach.
    
    A new study I jointly conducted with the International Telecommunications 
    Union (ITU), a United Nations agency, is being released today. It casts 
    doubt on the perception that governments are not already active 
    participants on Internet governance issues. In fact, governments commonly 
    view their national domain names as critical public resources that must be 
    subject to governmental oversight. Given the near-ubiquitous role of 
    government at the national level, it should therefore come as little 
    surprise that governments have begun to seek a similarly influential role 
    at the international level, where policy decisions may have a direct impact 
    on their national domains.
    
    The study surveyed all 189 ITU member states on the role of national 
    governments within their domestic, country-code top-level domain (ccTLD). 
    The survey featured questions on the policies of their national domains and 
    governmental involvement in national and international Internet governance 
    issues.
    
    Fifty-six countries, representing every global region as well as a broad 
    cross-section of developed and developing countries, responded to the 
    survey. This includes the very large, including the United States, Canada, 
    China, Japan, France, Italy, Spain, Australia, and South Korea, as well as 
    the very small, including Seychelles, Burkina Faso, the Dominican Republic, 
    Luxembourg and Cambodia.
    
    Contrary to most expectations, the study finds virtually every government 
    that responded to the survey either manages, retains direct control, or is 
    contemplating formalizing its relationship with its ccTLD. This is true 
    even for governments, such as the United States, that generally adopt a 
    free-market approach to Internet matters.
    
    When asked about governmental involvement with their ccTLD, 47 per cent of 
    responding governments said they retain ultimate control over their ccTLD 
    by either running the domain as a public entity or enacting legislation 
    granting themselves control over its administration. A further 25 per cent 
    have taken steps to assert ultimate authority over their national ccTLD, 
    while 20 per cent of respondents said they were considering formalizing 
    their relationship with their ccTLD and expected that relationship to 
    change in the future. Only 7 per cent of governments said they had no role 
    in their ccTLD and had no plans to alter the present situation.
    
    While the survey reveals an increasing consensus among governments on the 
    need to assert a proprietary interest in their national ccTLD, it also 
    uncovers striking differences in the commercial approaches of those domains.
    
    Domain names are typically administered by one of four types of entities at 
    the national level:
        * Public institutions.
        * Non-profit entities.
        * Academic institutions and individuals.
        * Commercial companies.
    
    The difference in approach often has a significant impact on both 
    commercial and policy priorities.
    
    Responding countries with public ccTLDs consistently ranked the public 
    interest and the protection of intellectual property rights as top 
    priorities, while the number of domain name registrations was viewed as the 
    least critical priority. As the ccTLDs move toward increasing 
    commercialization, the data suggest priorities begin to invert as the 
    public interest and intellectual property protection diminish in 
    importance, while the number of domain name registrations increase in priority.
    
    This finding is supported by the fact that public ccTLDs are far more 
    likely to include restrictions on domain name registrations that limit 
    access to the domain to only those registrants who comply with national 
    presence requirements. Those domains appear willing to forego larger 
    registration numbers in favour of protecting the public interest - 
    seemingly defined to include limitations on registrations designed to 
    preserve the national character of a ccTLD.
    
    With governments already actively participating in the Internet regulatory 
    and policy process at home, they were bound to demand similar involvement 
    internationally. The true debate at next week's summit is therefore not 
    whether governments should be involved in Internet governance. Rather it is 
    how they will be involved.
    ------------------------------------------------------------------------
    Michael Geist is the Canada Research Chair in Internet and E-commerce Law 
    at the University of Ottawa and technology counsel with the law firm Osler 
    Hoskin & Harcourt LLP. He is on-line at http://www.michaelgeist.ca and 
    http://www.osler.com (mgeist@private). The opinions expressed herein are 
    personal and do not necessarily reflect those of the University of Ottawa 
    or Osler, Hoskin & Harcourt LLP.
    -- 
    **********************************************************************
    Professor Michael A. Geist
    Canada Research Chair in Internet and E-commerce Law
    University of Ottawa Law School, Common Law Section
    Technology Counsel, Osler, Hoskin & Harcourt LLP
    57 Louis Pasteur St., P.O. Box 450, Stn. A, Ottawa, Ontario, K1N 6N5
    Tel: 613-562-5800, x3319     Fax: 613-562-5124
    mgeist@private              http://www.michaelgeist.ca
    
    
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