Democratic Structures in Cyberspace
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128 Guide to Abbreviations: ARIN, APNIC and RIPE ARIN American Registry for Internet Numbers is a non-profit organization established for the purpose of administration and registration of Internet Protocol (IP) numbers to the geographical areas previously managed by Network Solutions, Inc. (InterNIC).< http://www.arin.net/intro.html> APNIC Asia Pacific Network Information Center has responsibility for allocation of Internet resources across the Asia-Pacific on a not-for-profit basis in the service of the Internet community in the Asia-Pacific. <http://www.apnic.net/ The RIPE NCC acts as the Regional Internet Registry for Europe and performs coordination activities for the organisations participating in RIPE. <http://www.ripe.net> ccTLD – Country Code Top Level Domain CORE – Council of Registrars DNS – Domain Name System EU – European Union gTLD – generic Top Level Domain (not associated with country code) gTLD-MoU – Generic Top Level Domain Memorandum of Understanding - For governance, the gTLD-MoU model has drawn widespread support from the Internet community, major corporations and organizations worldwide. The rigorous process and quality of input from many sources and interests resulted in the generic Top Level Domain (gTLD) Memorandum of Understanding (MoU). IAB Internet Architecture Board – The IAB is responsible for defining the overall architecture of the Internet, providing guidance and broad direction to the IETF. The IAB also serves as the technology advisory group to the Internet Society, and oversees a number of critical activities in support of the Internet. IAHC – International Ad Hoc Committee http://www.iahc.org IANA – Internet Assigned Numbers Authority. Based at the University of Southern California's Information Sciences Institute, IANA is in charge of all "unique parameters" on the Internet, including IP (Internet Protocol) addresses. Each domain name is associated with a unique IP address, a numerical name consisting of four blocks of up to three digits each, e.g. 204.146.46.8, which systems use to direct information through the network. IETF – Internet Engineering Task Force. The IETF is the protocol engineering and development arm of the Internet. Though it existed informally for some time, the group was formally established by the IAB in 1986 with Phill Gross as the first Chair. IESG – Internet Engineering Steering Group. The IESG is responsible for technical management of IETF activities and the Internet standards process. As part of the ISOC, it administers the process according to the rules and procedures which have been ratified by the ISOC Trustees. The IESG is directly responsible for the actions associated with entry into and movement along the Internet "standards track," including final approval of specifications as Internet Standards. INTA – The International Trademark Association. The International Trademark Association (INTA) was founded in 1878 as The United States Trademark Association. The Association changed its name in May 1993 to International Trademark Association to reflect the scope and interests of its members worldwide. ISOC – Internet Society. The Internet Society is a professional membership organization of Internet experts that comments on policies and practices and oversees a number of other boards and task forces dealing with network policy issues. ITU – International Telecommunications Union MoU – Memorandum of Understanding NSF – U.S. National Science Foundation NSI – Network Solutions, Inc. nTLD – National Top Level Domain (also ccTLD) PAB – Policy Advisory Body POC – gTLD-MoU Policy Oversight Committee RFC – Request for Comments SRS – Shared Domain Name Registration System. The SRS is the neutral, shared database repository that coordinates registrations from CORE and propagates those names to the global Internet Domain Name System (DNS). CORE has been working with the governing bodies of the Internet community to create seven new top-level domain (TLD) names (.arts, .firm, .info, .nom, .rec, .shop, and .web), and has named 83 companies to function as registrars for the new system. TLD – Top Level Domain USG – U.S. Government WIPO – World Intellectual Property Organization http://arbiter.wipo.int 129 See ITU, Challenges to the Network Telecoms and the Internet, Ch. 6. 130 The IAHC includes participants from the following organizations: Internet Society, Internet Assigned Numbers Authority, Internet Architecture Board, Federal Networking Council, International Telecommunication Union, International Trademark Association and World Intellectual Property Organization. See 131 See <http://www3.itu.int/net-itu/gtld-mou/simple.htm> for a list of signatories. 132 Before the POC was formally established, the interim Policy Oversee Committee (iPOC) was formed as a transition organization. The IAHC dissolved after the gTLD-MoU was signed. See 133 The Green Paper was published on February 20, 1998 in the Federal Register and is available online at 134 Id. 135 See 136 (Joint EU-US statement on Electronic Commerce points 5v and 6. 137 If disputes arise, WIPO will be responsible to settle them in a fair way. The proposed gTLD-MoU dispute resolution system would involve three dispute resolution procedures in connection with registrations of domain names covered by the gTLD-MoU: 1) non-binding on-line mediation, 2) online expedited arbitration if mediation is unsuccessful, and 3) an online administrative challenge panel procedure. See 138 Ten Steps to Self Governance and Competition:
139 See White Paper on Management of Internet Names and Addresses, National Telecommunications and Information Administration (June 5, 1998), online at 140 See 141 As used herein, each of the following shall be a "Geographic Region": Europe; Asia/Australia/Pacific; Latin America/Caribbean Islands; Africa; North America. 142 See <http://www.cli.org/delib/>. 143 Fishkin, supra note Error: Reference source not found. 144 Id. 145 Literacy laws were used to restrict voting by black people in the South. If the potential voter could not read, he would not be granted the chance to vote, and most former slaves had not been taught how to read. 146 6.805 was a joint class between Harvard Law School and the Massachusetts Institute of Technology this fall. 147 See 148 The students were asked to read and discuss articles about the Justice Department’s antitrust case against the Microsoft Corporation. See <http://berkman.law.harvard.edu/wendy/article1.html>, <http://berkman.law.harvard.edu/wendy/article2.html>, and <http://berkman.law.harvard.edu/wendy/article3.html>. 149Mark A. Herschberg, Secure Electronic Voting Over the World Wide Web, Massachusetts Institute of Technology 8-12 (1997). 150 R. DeMillo, et. al., Crypotgraphic Protocols, Proceedings of the 14th Annual Symposium on the Theory of Computing 383-400 (1982). 151 H. Nurmi, et. al., Secret Ballot Elections in Computer Networks, 10 Computers & Security 553-560 (1991). 152 A. Fujioka, et. al., A Practical Secret Voting Scheme for Large Scale Elections, Advances in Cryptology – AUSCRYPT (1992). 153 See, e.g., David R. Johnson & David G. Post, Law and Borders: The Rise of Law in Cyberspace, 48 Stanford L Rev., 1367 (1996), available online at 154 John Perry Barlow, supra note Error: Reference source not found. 155 See generally the IFWP list, list@ifwp.org, and archives of the November 14 ICANN public meeting, available online at 156 White Paper on Management of Internet Names and Addresses, National Telecommunications and Information Administration, June 5, 1998, online at 157 See J. Postel., Simple Mail Transfer Protocol, RFC 821 (August 1, 1982), available online at The conditions imposed by RFCs are sometimes mandatory: Every mail host must have a valid “postmaster@host.com” address; names in the To: and From: fields must be valid Internet addresses. Often, however, the RFCs merely make recommendations where the technology and architectural specifications give leeway, such as in use of a Sender: field to supplement the From: field when one user sends a message on behalf of another. 158 See Brian E. Carpenter, Architectural Principles of the Internet, Network Working Group RFC 1958 (June 6, 1996), available online at 159 See supra, Part IV.G.1 et. seq. 160 The scope of interest/authority is limited partly by pragmatism. The United States government is now proclaiming its disinterest in Internet governance because it sees more of its burdens than its benefits. The United States is not so reluctant, however, to censor content distributed over the network, as in the Communications Decency Acts. A successful Internet governance must pique the interest of its citizens with the powers they can exercise through architecture, yet hide that power from the national sovereigns who would not be likely knowingly to delegate it. 161 See David R. Johnson & David G. Post, The New ‘Civic Virtue’ of the Internet, available online at 162 See, e.g. Benjamin Barber, Strong Democracy (1984); Michael Sandel, Democracy’s Discontent: America in Search of a Public Philosophy (1996). Robert Putnam identifies civic virtue and habits of communal association as key correlates to the success of Italian regional governments. See Putnam, supra note Error: Reference source not found LambdaMOO stands out among the groups as conscious of the similarity its governance bore to real-world democracy, but its commentators do not appear to have considered their group as a possible element in a real-world democracy. 163 See, e.g., Charles Taylor, Multiculturalism (1994). 164 See Andrew Shapiro, Street Corners in Cyberspace, The Nation, July 3, 1995; Noah Zatz, Sidewalks in Cyberspace, forthcoming, 12 Harv. J.L. & Tech. (1999). 165 See Johnson & Post, supra note Error: Reference source not found. 166 James Boyle reminds us of the value of the telephone analogy when we are tempted to make grand claims of the Internet’s uniqueness. See Foucault in Cyberspace, forthcoming. While the telephone has been a tremendous help to Gallup and its fellow pollsters, it has not made significant inroads into the casting of ballots. The online deliberative poll will be an attempt both to transform the nature of the nose-counting and to inform the subsequent vote. 167 Universal service and access are critical elements of any Internet democracy. The problem is only slightly ameliorated when the Internet is subject as well as medium, because stacking the deck in favor of the early arrivals can have discriminatory impact online and off. In a division of labor, we have left that subject to 6.805 Group 7. 168 See David Shenk, Data Smog: Surviving the Information Glut (1997). Shenk finds a mere description of electronic “superdemocracy” preposterous enough to dismiss the idea as “terribly unrealistic.” Id. at 132-33. 169 See 10 The Federalist Papers (Madison) (“A pure democracy . . . can admit of no cure for the mischiefs of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert results from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual.”) 170 See, e.g., Lani Guinier, The Tyranny of the Majority: Fundamental Fairness in Representative Democracy, (1994). Guinier argues that actual representation is particularly important to racial minorities, who can feel permanently disenfranchised when given only white representatives. Though minority representatives will remain minorities in the legislature, they have a louder voice in the debate and greater opportunity to reach compromises on issues of importance to their constituents. 171 See supra Part IV.G.1, et. seq.. ICANN Articles of Incorporation, Bylaws, and press releases are available online at 172 See Bylaws Article V, available online at 173 See id. Article VI, § 1(c). 174 Baker v. Carr, 369 U.S. 186 (1962). 175 See Guinier, supra note Error: Reference source not found at 14-16, 149. 176 John Rawls, Political Liberalism 134 (1993). 177 See id. at 212, “The Idea of Public Reason;” John Stuart Mill, On Liberty, in Selections (Alan Ryan ed., 1997). 178 See supra Part V; Fishkin, supra note Error: Reference source not found. 179 See Putnam, supra note Error: Reference source not found; Tocqueville, supra note Error: Reference source not found. 180 Tocqueville, supra note Error: Reference source not found at 271. 181 See Fishkin, supra note Error: Reference source not found. 182 Section 9 of the ICANN Articles of Incorporation requires a two-thirds majority of the membership to vote for amendment of the Articles. The Corporation is authorized to act in other matters through its Board of Directors or Committees of the board. 183 Continuity of pseudonymous identity allows participants to follow the views of their colleagues in discussion, and to watch those views evolve through the deliberation process. 184 We have not determined the optimal group size: the aim is discussion, neither pontification from one to a crowd nor monologues in an empty chatroom. Experience with online communities suggests that even from those who initially express interest, fewer than one in five will participate actively. The pressure of social norms might more easily be brought to bear on non-participants if real names were attached. 185 See supra note 147 and accompanying text. 186 See the annotation proxy demonstrated at 187 See, e.g., HyperNews, available online at 188 To keep groups separate during their deliberations, however, archives might not be made public until the conclusion of the poll. 189 Fishkin suggests “at the end of several days . . . poll the participants in detail.” See Fishkin, supra note Error: Reference source not found. 190 See id. 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