INTERNET GOVERNANCE:INSTITUTIONAL FRAMEWORK, CONTEMPORARY CHALLENGES, AND FUTURE PERSPECTIVES
INTERNET GOVERNANCE:INSTITUTIONAL FRAMEWORK, CONTEMPORARY CHALLENGES, AND FUTURE PERSPECTIVES

Summary/Abstract: This paper examines the fundamental issues of Internet governance. Although particular emphasis is placed on the middle layer of Internet governance—namely the administration of the IP addressing system, Internet domain names, and the supporting network infrastructure—the analysis also encompasses the governance of Internet infrastructure and Internet content. As with other examples of synthetic technologies, attempts have been made by entities responsible for governing one segment of the system, such as the International Telecommunication Union (ITU), to extend their authority over the governance of the Internet as a whole. Particular attention is devoted to the role of the Internet Corporation for Assigned Names and Numbers (ICANN) as the central institution of Internet governance. The paper examines the circumstances that led to a private-law entity assuming responsibility for the governance of a global public good. It further considers the extent to which ICANN has achieved institutional independence from the United States Government. Although ICANN has become formally autonomous, the U.S. Government has retained a certain degree of indirect (“soft”) control, which has been particularly evident in crisis situations, such as the imposition of sanctions against so-called rogue states, where ICANN has largely followed U.S. policy. Contemporary debates on Internet governance are no longer confined to the relationship between states and ICANN but increasingly focus on the growing influence of major technology companies that control critical digital infrastructure, social media platforms, cloud computing services, and artificial intelligence systems. The authors conclude that Internet governance will continue to evolve as a dynamic process shaped by the interaction of technical, legal, political, and economic considerations. Furthermore, given the growing risk of Internet fragmentation, there is a realistic prospect that the fundamental principles of Internet governance will eventually be regulated through an international treaty.

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