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1. Legal Mechanisms for Governing the Transition of Key Domain Name Functions to the Global Multi-stakeholder Community

Author:
Aaron Shull, Paul Twomey, and Christopher S. Yoo
Publication Date:
11-2014
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The US government has announced that it is prepared to unilaterally relinquish its historical control of the key technical functions that make up the modern-day Internet. This control stems from the foundational role played by the United States in the creation of the Internet, and has been exercised through the law of contract over the organization that performs these functions, a not-for-profit corporation based in California, the Internet Corporation for Assigned Names and Numbers (ICANN). Under the existing contractual arrangement, ICANN has been accountable to the US government for the performance of these functions. However, if the US government is no longer party to this agreement, then to whom should ICANN be accountable? The existing contractual arrangement includes much more than simple contractual terms. In fact, these obligations make up many of the core tenets of contemporary multi-stakeholder Internet governance. These core principles should be preserved during the transition, and this paper advances two main arguments to achieve this. First, the existing contractual accountabilities held by the US government could be transitioned through the law of contract to the existing customers of Internet Assigned Numbers Authority (IANA) services, creating direct accountability for the performance of those functions between the organization performing those services and the organizations using them. Second, in order to increase support within the broader community, modest revisions could be made to ICANN's independent review process to expand the grounds of review, allowing the review tribunal to hear additional cases on a broader range of complaints, with expanded powers of administrative review of decision-making processes.
Political Geography:
United States and California

2. Global Cybercrime: The Interplay of Politics and Law

Author:
Aaron Shull
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Examining global cybercrime as solely a legal issue misses an important facet of the problem. Understanding the applicable legal rules, both domestically and internationally, is important. However, major state actors are using concerted efforts to engage in nefarious cyber activities with the intention of advancing their economic and geostrategic interests. This attempt to advance a narrow set of economic interests through cybercrime and economic cyber espionage holds to the potential to erode the trust in the digital economy that has been a necessary condition for the success of the Internet as an economic engine for innovation and growth. By pursuing these efforts, states are prioritizing short-term interests over long-term stability and a responsibly governed, safe and secure Internet platform. This paper explores the recent unsealing of a 31-count indictment against five Chinese government officials and a significant cyber breach, perpetrated by Chinese actors against Western oil, energy and petrochemical companies. The paper concludes by noting that increased cooperation among governments is necessary, but unlikely to occur as long as the discourse surrounding cybercrime remains so heavily politicized and securitized. If governments coalesced around the notion of trying to prevent the long-term degradation of trust in the online economy, they may profitably advance the dialogue away from mutual suspicion and toward mutual cooperation.
Topic:
Defense Policy, Crime, International Trade and Finance, Terrorism, and Bilateral Relations
Political Geography:
United States, China, and Asia

3. Legal Mechanisms for Governing the Transition of Key Domain Name Functions to the Global Multi-stakeholder Community

Author:
Aaron Shull, Paul Twomey, and Christopher S. Yoo
Publication Date:
11-2014
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The US government has announced that it is prepared to unilaterally relinquish its historical control of the key technical functions that make up the modern-day Internet. This control stems from the foundational role played by the United States in the creation of the Internet, and has been exercised through the law of contract over the organization that performs these functions, a not-for-profit corporation based in California, the Internet Corporation for Assigned Names and Numbers (ICANN). Under the existing contractual arrangement, ICANN has been accountable to the US government for the performance of these functions. However, if the US government is no longer party to this agreement, then to whom should ICANN be accountable?
Topic:
Science and Technology, Communications, and Governance
Political Geography:
United States and California