As the Internet becomes more widespread, pervasive and mature, policymakers worldwide are recognizing the need for new modes of governance and coordination to address the global challenges that the Internet poses. Some nation-states are deferring to nontraditional, global coordinating or policymaking organizations, either for guidance in harmonizing national lawmaking or for the actual creation of binding policy. These entities are making decisions that once would have been made by nation-states through traditional legislation and administrative rulemaking.
This shift in the locus of societal decision-making represents an important development for governance and social coordination as we know it. Such a trend may fulfill its promise to enable efficient, stable and international policymaking to support a rapidly growing industry, but will not do so legitimately without adequate mechanisms for protecting the public interest.
The Internet Corporation for Assigned Numbers and Names (ICANN) represents such an effort to create a new mode of coordination or "governance" outside the traditional framework of international organizations and national governments. Its key objectives include promoting core principles of administration for the Internet:
As such, ICANN was designed to represent stakeholders directly, rather than through nation states. Moreover its decisions are to be guided by consensus. Yet, the legitimacy of ICANN's structure and policies have been questioned by various players in the Internet community. The central plank of this criticism is that ICANN's organizational structures and activities do not comply with the ethos of good and democratic governance. This need for new global governance structures on the one hand and the inclusion of the public voice on the other underpins the current debate of ICANN's At-Large Membership and forms the subject of this interim report. In particular it aims to offer some insights in how to address the current debate about democracy and legitimacy at ICANN.
The idea that Internet coordination should include some sort of membership body of Internet users has been apparent in Internet policy debates since at least 1992 (then in reference to the Internet Society [ 2 ]). Since ICANN's formation, it has been plagued by a deep confusion concerning who exactly it is meant to represent. Its bylaws called for an "At-Large Membership" of Internet users from which just under half of the ICANN directors should be elected, yet its Initial Board of Directors did not appear to represent what some saw as "user" interests. [ 3 ]
The first At-Large Membership election was therefore widely seen as an important experiment to establish representation, accountability and transparency, by giving interested individuals a means to be informed about and connected to the policymaking structure for certain of the Internet's domain name, numbering systems, and protocol functions. Following the election last year, an independent Study Committee is now embarking on an "At-Large Membership Study" to evaluate the 2000 election and to assess the role that a user membership body should play in ICANN and how to structure individual user participation and representation. It was emphasized that such a study should be structured so as to allow and encourage the participation of organizations worldwide.
This Interim Report is a response to the above call for participation and study of the At-Large Membership. It is the result of research conducted by the NGO and Academic ICANN Study (NAIS) group that addresses the need to ensure inclusion of most regional, sectoral and disciplinary viewpoints and approaches; and connects advocacy groups and experts of all regions that share certain public interest concerns and that can produce a valuable, independent and legitimate study. Its main objectives include:
This interim report poses a variety of questions and probes answers with regard to: Why is there a need to include the public voice within ICANN? And how was it reflected during and since the creation of ICANN? How is the At-Large Membership organized and structured worldwide? How did the At-Large election take place regionally? And what models of representation, elections and governance exist in the region and is there a relationship? How were the election results and possible complaints communicated, perceived and evaluated by the different stakeholders? What improvements with regard to participation and representation of different interests within ICANN were suggested? And perhaps more importantly: What lessons can be learned with regard to the procedures and processes of an At-Large membership and the structure of the ICANN Board? Are there other participation and representation mechanisms for individual Internet users that should be considered that enable legitimacy, effectiveness and efficiency within ICANN?
As such the report is structured along three parts. The first part considers the need to include the public voice within ICANN, first from a value-based approach and then by analyzing ICANN's founding documents, public statements made by its officers, and its agreements with the U.S. government which committed ICANN to meaningful representation of the Internet user community on its board of directors. The second part reviews comparatively the At-Large Election and the way the At-Large Membership is structured. Finally the third part combines the findings of the two previous parts and probes options for improved and restructured user participation and representation within ICANN.
This Interim Report is preliminary in nature. A final report, including a more complete analysis and recommendations for action by ICANN, will be presented in September. The Interim report is intended to promote discussion and inform the ongoing debate within the ICANN community. The NAIS team members recognize the potential limitations imposed by the compressed timeframe of this study. We invite and welcome feedback, comments, and discussion.
The NGO and Academic ICANN Study is comprised of:
We welcome comment and feedback on this document. For more information and a copy of the full NAIS report, please visit our web site at http://www.naisproject.org/. Comments or questions can be addressed to comments@naisproject.org. Those interested in following the deliberation of NAIS may subscribe to the NAIS project advisory list by sending mail to advisory@naisproject.org.
This study was conducted through a generous grant from the Markle Foundation (New York, USA), and through an additional supporting grant by DENIC (Frankfurt, Germany).
| Table of Contents | 1. The Public Voice, Legitimacy and ICANN |
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