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Cyberspace: Architecture and modes of governance Internet Governance, Topic 1 Professor Graham Greenleaf ‘IT law’, Internet and cyberspace ‘IT law’ is broader than when computers are networked, but the most interesting issues arise because of the networking Why start with the architecture of the Internet? - Because it both limits and enables what law can achieve in regulating cyberspace Internet Governance What is the Internet? ‘Internet’ describes the ‘network of networks’ sharing these 4 key technologies: packet switching to communicate data Client-Server technology to share processing and presenting data between a local computer (‘client’) and a remote computer (‘server’) a set of protocols or rules for transmitting data called TCP/IP (Transmission Control Protocol/Internet Protocol) A globally unique address space based on the IP protocol Internet Governance A global network? The Internet is global because these 4 key technologies (and standards for them) are global Was not always so (ISO/OSI lost to TCP/IP) Might not be so in future? - examples: Attempts to establish alternative DNS structures Some countries might try to impose different standards Internet Governance What is 'cyberspace'? ‘Cyberspace’ describes the social networks that inhabit the Internet Networks of human interactions inhabiting this technical space - global interactions Physical geography and legal jurisdictions are not easily reflected in cyberspace ‘Cyberspace’ coined by William Gibson in Neuromancer (1984) and allegedly first applied to the Internet by John Perry Barlow (1990) ‘Internet’ is technical, ‘cyberspace’ is social Internet Governance Visualising cyberspace Martin Dodge An Atlas of Cyberspaces Example shows Paul Baran’s very first diagram of the ‘nuclear proof’ packet switching network “The net interprets censorship as damage and routes around it” (attrib. John Gilmore) Geographic maps give a feel for the complexities of the Internet today Internet Governance Internet architecture and law Look at 3 of the technical foundations: packet switching TCP/IP (Transmission Control Protocol/Internet Protocol) A globally unique address space (IP addresses and domain names) …and some of their legal implications Recommend ‘Primer’ by Clarke et al Internet Governance Packet switching - technical A stream of data being sent from A to B is first broken up at A's end into small "packets”. Each packet contains: Identification of the place to which the packet is being sent; Identification of where it fits in sequence in the data stream; a fixed size batch of data from the data stream; and codes allowing error checking by the receiving equipment. Each packet is sent separately across the network to B, possibly via different routes, and may arrive at different times and out of sequence. B’s end checks for errors in transmission and reassembles the packets into their correct sequence. Internet Governance Packet switching - law Some legal implications of a ‘connectionless’ network: Interception of communications, if not at the point of sending or receiving, will intercept many other communications as well Censorship is more easily routed around Publication may only take place at the point of receipt Internet Governance Internet Protocol Suite TCP/IP etc is a set of protocols implementing a packet switching network next diagram (from Clarke et al) shows its layers. Communications channels are below the link layer; software is above the applications layer Internet Governance Layers of Internet Protocol Suite Layer Function Application Delivery of data Messages to an application HTTP, SMTP, FTP Transport Delivery of data to a node TCP Network Data addressing Segments and + transmission Packets IP Link Network access Ethernet, PPP Internet Governance Orientation Messages and Segments Packets, Bits and Signals Examples of protocols Protocols - legal implications These protocols are largely unavoidable, and therefore determine what regulation is possible. Examples: IP6 and privacy ‘referrer’ in HTTP and detecting © breaches Governments can’t change protocols Who controls them is very important Internet Governance Addresses - name space The Internet uses two structures to allocate unique addresses to every computer Numerical addresses (‘IP addresses’) eg 138.64.13.1 used primarily for computers (‘routers’ and others) to send packets to their correct destinations Addresses in words (Domain names) eg ‘www.austlii.edu.au’ or ‘microsoft.com’ used so that people can conveniently address messages and find information on the internet For each IP address there is usually a domain name (and always vice-versa) Internet Governance Control of IP addresses Allocation of IP addresses: A global hierarchical set, allocated by ICANN in blocks to 3 regional Network Information Centres, then to ISPs and others There is no close relationship between the IP address and domain name hierarchies Dynamic IP addresses mean there is no correlation between an IP address and a person/computer Legal implications For privacy law, might not be ‘personal information’ For investigations, more information is needed Internet Governance Control of domain names Allocation In theory, a global hierarchical structure Crucial control is of Top Level Domains (TLDs) - both generic (gTLDs) and by country (ccTLDs) ICANN controls .com and .org gTLDs, and creation of new ones For ccTLDs, the control structure differs by country At every DNS level, someone has the right to allocate new sub-domains DNS servers located throughout the Internet, keep at least the addresses of the root servers for each TLD Internet Governance Internet Governance Legal implications of domain names Uniqueness gives commercial value How TLDs are managed is very political - it controls who can be found on the net Eg China’s attempt to control Chinese character names Eg attempts to create .sucks and .union TLDs Threats and attempts to create alternative DNS systems result Disputes within ICANN Internet Governance Summary: Architecture’s implications To understand how it is possible for law (or anything else) to regulate cyberspace, you have to understand the basics of its architecture Next class: Prof. Lessig’s theory of internet regulation is based around control of architecture Internet Governance Cyberspace: Architecture and modes of governance Internet Governance, Topic 1 (Part 2) Professor Graham Greenleaf The user perspective Read Clarke et al ‘Primer’ 6. The Process of Using the Internet to understand how the protocols work Froomkin’s Internet Skills Page will help: Basic Web Tricks Privacy: Yours Privacy: Other People's Commerce Advanced Web Tricks Internet Governance The Internet’s changing nature Internet Mk I - The pre-commercial Internet (to 1996) • The ideology of ‘digital libertarianism’; ‘information wants to be free’; the net can self-regulate; ‘borderless’ means uncontrollable; techologies are generally liberating Internet Mk II - The commercial Internet (since 1996) • Commercial interests and reputations impose conventional laws on the net; increase in surveillance technologies for commercial purposes Internet Mk III - Freedom vs surveillance (Sept 2001 - ) • Technologies are increasingly reversing the early liberating potential; businesses are more desperate for profit; governments everywhere want more surveillance There is no such thing as ‘the Internet’ - Lessig calls this ‘is-ism’ Internet Governance The global impact Contrasting views: Internet immersion by any country will bring political and social liberalisation eg Bill Clinton on China Authoritarian governments are capable of using the Internet as a tool of control Kalathil and Boas (2001) argue China is succeeding Clarke (2001) and Lessig (2001) argue that technological changes facilitate state and commercial control This is one of the big questions of the 21st C. Internet Governance Who governs cyberspace? National and local laws, subject to Constitutions - laws States can’t change Treaties between States (increasingly so) Self-governance mechanisms Institutions of Internet self-governance Non-institutonal means of self-governance Controllers of Internet architecture State control Private control Individuals as participants in markets as people observing and enforcing norms Internet Governance Modes of governance All of these forms of Internet governance must be considered - as regulatory realities - as regulatory options Turn first to a more detailed look at ‘Selfregulation’ or ‘Self-governance’ Internet Governance Institutions of self-governance International Internet governing bodies no single central body controlling Internet Protocols Internet Society (ISOC) is umbrella for IAB, IETF etc - a complex set of ‘volunteer’ standards organisations Decision process of ‘orderly anarchy’ (Froomkin, Reagle) and ‘rough consensus and running code’ World-Wide-Web Consortium (W3C) controls the HTTP (web) protocol - less volunteer controlled ICANN is a partly appointed, partly elected, US Co. Origins as a US network still apparent in almost all the international governance structures Internet Governance Institutions of self-governance National Internet governance bodies Mix of NGO and government bodies - ‘self governance’ may be a misnomer Usually not so important, as Procols set by international bodies Domain name ccTLDs are important, and under varying government influence What if national / local bodies refuse to apply international Internet protocols or conventions? • Example - PRC treatment of Google DNS resolution? Internet Governance Non-institutional self-governance Important aspects of Internet self government arise without institutions Open source code Cooperative vigilanteism informal sanctions Alternative dispute resolution (ADR)? Internet Governance - Open source code Open source Software for which the source code is provided, and others are free to modify Software evolves rapidly through bug fixes, improvements and distribution Unfair or dangerous aspects of software can be eliminated by the ‘1000 eyeballs’ See Opensource.org Internet Governance Open source - implications Many key pieces of Internet software are already Open source: Apache, Sendmail, BIND, and (most famous) Linux Implication for Internet regulation: More difficult for governments or commerce to readily control Internet architecture Other governments can be more relaxed about security issues than with US software Eg China has just made Linux compulsory for key communications installations Internet Governance Cooperative informal sanctions Spontaneous cooperation - vigilanteism by those controlling some Internet architecture to enforce an informal sanction eg SPAM 'Black Holes’ cooperation by (some) ISPs to block (refuse to accept and pass on) any email that comes from any other ISP that is used to send or relay SPAM. Registers (the 'black hole' lists)are kept of ISPs considered to be in breach. Users of ‘blackholed’ ISPs cannot send email to or receive mail from many other users - pressure their ISP. Internet Governance Alternative dispute resolution? Can self-regulation resolve cyberspace disputes? Attempts to create cyberspace ADR do not seem to have been very successful Major exception: ICANN’s UDRP (Uniform Dispute Resolution Policy) has resolved thousands of disputes in 2 years why?: because Registrars control the DNS Why?: because registrants must agree to the UDRP Internet Governance ADR in cyberspace (cont) HKIAC Electronic Transaction Arbitration Rules (2002) Applies the HK Domestic Arbitration Rules to set up a method of online arbitration HK online merchants subscribing to the WebTrust Standards adopt the HKIAC Rules as the means of dispute resolution required Award enforceable under New York Convention on Recognition and Enforcement of Arbitral Awards Internet Governance Summary: Self-regulation Self-regulation is principally effective if it involves organisations that control some aspect of cyberspace architecture. The rest of the course will examine how more conventional forms of regulation legislatures and Courts - attempt to create law in cyberspace. Internet Governance