September 24, 2013 ☼ Aside ☼ constitutionalism ☼ cyber strategy ☼ cyberlaw ☼ freedom ☼ India ☼ international relations ☼ internet ☼ internet security ☼ national security ☼ privacy ☼ Security Council ☼ United Nations ☼ United States
This is an archived blog post from The Acorn.
Edward Snowden’s revelations have strengthened demands for “extricating the internet from US control.” This is not a new phenomenon. Ever since Jon Postel died in 1998, governments and non-government organisations have been engaged in a long, complex and meandering process of somehow taking control over the internet. However, while outfits like ICANN and assorted United Nations forums have gotten into the act of”internet governance”, much of the internet remains in US hands. China might well be the country that has more internet users, but it has locked its citizens behind the Great Firewall and effectively created its own national intranet.
Mr Snowden’s revelations are grave, but shouldn’t surprise anyone familiar with national security issues or the communications infrastructure business. So while a lot of international reaction is properly in the Captain Renault (“I’m shocked, shocked to find that gambling is going on in here!”) category, there are some attempts by governments to secure greater control over internet. China, Russia and Brazil are expected to raise the pitch in the coming months.
It would be terrible thing if they succeed. Whatever the imperfections, whatever the US government’s transgressions, we are better off with as much of the internet coming under the US Constitution than the UN Charter.
Why so? Because there is no better political system—the constitution, separation of powers, civil society and citizens—than the United States today that can protect liberty and free speech. Start with Mr Snowden. Where is Russia’s Snowden? Where is China’s Snowden? Where is Brazil’s Snowden? The United States has strong and vocal free speech and privacy advocates who can hold their government accountable without fear of harm. It has a judicial system that is sufficiently independent as to overrule the executive if found violating the US constitution. Despite what cynics in the United States and detractors around the world say, the US system works. To the extent that it does, it protects everyone’s liberties (albeit to a lesser degree than it protects the liberties of US citizens).
For those who contend that this isn’t good enough, consider the alternative. The vast United Nations system that is accountable to exactly no one. The General Assembly has almost two hundred nation-states as members with varying degrees of commitment to upholding liberty. The Security Council reflects the balance of interests its permanent members, where such paragons of free speech as Russia and China have a veto. Let’s say that the UN creates a brand new UN Internet Governance Council to sit at the helm of internet governance. What is to prevent it from going the way of the UN Human Rights Council, where you don’t need any commitment to human rights to be a member, and where you can rule that free speech shouldn’t defame religion.
Now, those who argue that national governments must control the internet because they must exercise their sovereignty over their ‘territory’ of cyberspace have a logical argument when they call for the internationalisation of internet governance. However, it is unfathomable why proponents of free speech and liberty would want the world’s authoritarian regimes to have a say on how the internet is governed.
Calls for “extricating the internet from US control” are effectively facades for authoritarian states to further abridge the liberties of the world’s citizens. That is why they must be resisted. Indians are much better off putting their faith in their freedom-loving American counterparts than participating in grandiose international internet governance schemes.
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