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INTERNET SPACE
US proposal seeks to head off Internet 'fast lanes'
By Rob Lever
Washington (AFP) Feb 4, 2015


Internet regulator admits US control may be extended
Singapore (AFP) Feb 5, 2015 - The head of the Internet overseer ICANN conceded Thursday that the United States may have to extend its control over the group beyond September as governments bicker over a replacement regulatory regime.

Fadi Chehade, chief executive of the Internet Corporation for Assigned Names and Numbers, said he still hoped that a new oversight system could be agreed in time.

"I will be more disappointed if the transition happened but we are disunited and lose the trust of the world because (stakeholders) are fighting so hard for special interests and forget the public interest," he said in an interview with AFP.

"We are ready for both scenarios. We are ready if the contract needs to be extended a bit and we are ready if it ends."

ICANN is in charge of assigning Internet domain names and the numbering codes that lie behind online addresses. It has been overseen by the US government since its inception in 1998, under a contract that expires on September 30.

Some countries including China and Russia are calling for ICANN in future to be supervised by an inter-governmental body, without civil society or business representation.

Critics say such a model would provide a powerful tool to repressive regimes.

Chehade said that instead, progress has been made toward ICANN becoming answerable to a globally representative group of governments, civil society and businesses.

"It is still possible," he said of the prospect of a new model being agreed before September 30.

"We have a date, and we are working towards that date, but I hope that we don't sacrifice everything for that," he said ahead of the group's latest meeting in Singapore, which begins Monday.

Chehade said China, until recently a vocal critic of the so-called "multi-stakeholder" model, was showing signs of warming to the plan after senior Chinese officials attended ICANN meetings in London last year.

"If the US continues its unique (stewardship) role in ICANN... in my opinion, this is what could fragment the Internet and cause other governments to say this is not a neutral and trustworthy place," Chehade said.

He also addressed fears by some US lawmakers that Washington's ceding of ICANN oversight could lead to control of the group being wrested by other governments, undermining the US's own national interest.

"I think that concern, to be honest, is sincere. The antidote to such capture is good governance and a bottom-up multi-stakeholder approach that makes it nearly impossible for any one party to gain control," he said.

Another topic expected to be discussed at the four-day meeting in Singapore is demand in Asia for an array of new domain names that go beyond the conventional .com, .net, .gov and .edu.

Among them are "internationalised domain names", which allow Internet users to access domain names in their own languages and scripts.

"I am very hopeful this will end up being very impactful, especially in Asia... where there are billions who may not be able to type in Latin letters," Chehade said.

The top US telecom regulator proposed Wednesday to regulate broadband Internet service providers as "public utility" carriers, in a renewed effort to enforce "net neutrality" rules.

Federal Communications Commission chairman Tom Wheeler unveiled the plan which aims to prevent Internet providers from playing favorites or blocking some services or allowing others to pay for "fast lanes."

The new proposal comes a year after a federal court struck down the FCC neutrality rules, saying it lacked the authority because Internet providers were not "common carriers" under US telecom law.

The plan, which is expected to unleash a fresh legal and political battle, aims to resolve the impasse by reclassifying Internet service providers as regulated entities under the 1934 Telecommunications Act.

"The Internet must be fast, fair and open," Wheeler said in an essay in Wired magazine.

"That is the message I've heard from consumers and innovators across this nation. That is the principle that has enabled the Internet to become an unprecedented platform for innovation and human expression."

Wheeler said his plan, to be submitted to the five-member commission for a vote later this month, would call for "the strongest open Internet protections ever proposed by the FCC."

He would ban "paid prioritization," which would allow services to pay for faster connections, as well as "blocking and throttling of lawful content and services."

The move comes after President Barack Obama voiced support in November for a similar plan, arguing online services that don't pay extra fees should not be in a "slow lane."

- Mobile Internet, too -

The Wheeler plan would reach deeper into the Internet, beyond consumer-facing offerings to "interconnection" services and allow the FCC to investigate alleged discriminatory practices at that level.

Wheeler said he would apply the rules to the mobile Internet for the first time as well.

Critics of the approach argue that the 1930s-style regulation would choke off investment in the Internet and stifle innovation.

A senior FCC official said however the move represents a "light touch" effort which uses only some segments of the 1934 law without imposing fees or other types regulation.

Wheeler pledged "no rate regulation" or tariffs and said his plans "can encourage investment and competition."

The "neutrality" rules aim to ensure that all services have equal access to the Internet, so that a provider such as Verizon or AT&T could not block a service such as Netflix and favor a rival like Hulu.

- Reaction on both sides -

Reaction was swift to the plan, which had generated speculation for days.

Doug Brake at the Information Technology and Innovation Foundation, a conservative think tank, said the plan was "an unjustified, overblown response to what has in actuality been a by-and-large hypothetical concern" and warned it may "Balkanize the Internet into distinct private networks and specialized services."

But the digital rights group Access welcomed the move as a win for consumers.

"The FCC's move will be felt far beyond US borders," said Access policy counsel Peter Micek.

"Advocates around the world -- from Argentina to Turkey to South Korea to the European Union -- are fighting for many of the same protections as those being proposed by Wheeler."

The Internet Association, which includes Google, Facebook and Netflix, also lauded the plan.

"There is only one Internet, and users expect that they be able to access an uncensored Internet regardless of how they connect," association president Michael Beckerman said.

The new initiative comes after the January 2014 ruling by a federal appeals court which struck down the FCC's 2010 rules on net neutrality.

But even if the new proposal is adopted, a fresh legal challenge is likely.

Verizon, which filed the earlier legal challenge, quickly criticized the new Wheeler plan.

"Heavily regulating the Internet for the first time is unnecessary and counterproductive," said Verizon vice president Michael Glover.

Republican lawmakers criticized the move, saying Congress is prepared to pass its own guidelines.

Representative Greg Walden denounced the move as a "heavy-handed regulatory takeover of the Internet."

Bob Goodlatte, who heads the House Judiciary Committee, said Wheeler "overestimates the FCC's authority to rewrite our nation's communications laws -- a responsibility tasked to Congress... and ignores the fact that his net neutrality rules almost certainly will be stuck in courts for years."


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