A critique of the Just Net Coalition’s defense of intergovernmental internet governance

The P2P Foundation recently joined an intiative that we understood as an ‘alterglobal’ alternative to internet governance.

We were not aware that his coalition seems to support a purely inter-governmental governance of the internet, as we would indeed favour multi-stakeholder governance. The rest of the article focuses on personal matters, which are more difficult to judge.

Here is an excerpt from a critique of the JNC from IGFWatch news :

“The positioning of the Just Net Coalition against multi-stakeholder Internet governance, and in favour of a state-centric model, although now quite overt, became evident gradually. The Delhi Declaration covers this obliquely, stating “The right to make Internet-related public policies lies exclusively with those who legitimately and directly represent people” (ie. states). Another coded phrase the JNC has used to call for the centralisation of Internet governance authority in states is its call for “legitimate political authority”.

A turning point came at the meeting of the Working Group on Enhanced Cooperation on Public Policy Issues Pertaining to the Internet (WGEC) of the UN Commission for Science and Technology for Development (CSTD) in April 2014. To the surprise of other civil society and technical community delegates at that meeting, Parminder Jeet Singh insisted that support for paragraph 35 of the Tunis Agenda be retained in working group’s report, as the representatives from Saudi Arabia and Iran also forcefully argued. Up until then, indeed for an unbroken decade, opposition to paragraph 35 had been a unanimous civil society position.

Paragraph 35 states (my emphasis):

– “We reaffirm that the management of the Internet encompasses both technical and public policy issues and should involve all stakeholders and relevant intergovernmental and international organizations.

In this respect it is recognized that:

* Policy authority for Internet-related public policy issues is the sovereign right of States. They have rights and responsibilities for international Internet-related public policy issues.

* The private sector has had, and should continue to have, an important role in the development of the Internet, both in the technical and economic fields.

* Civil society has also played an important role on Internet matters, especially at community level, and should continue to play such a role.

* Intergovernmental organizations have had, and should continue to have, a facilitating role in the coordination of Internet-related public policy issues.

* International organizations have also had and should continue to have an important role in the development of Internet-related technical standards and relevant policies.”

In supporting this paragraph that constricts civil society’s role in Internet governance, Parminder said:

I have clarity about what is the role of different stakeholders being quite different to one another and I don’t appreciate that non-governmental actors would have the same role in decision-making than governmental actors. That should not be acceptable at a global level.

This, translated into JNC policy and the agenda for its Internet Social Forum, marks a profound shift away from the decentralised and horizontal model of Internet governance that civil society had heretofore supported, towards an hierarchical, state-led model.

For a time, JNC attempted to explain away this change by drawing a straw man distinction between “democratic multi-stakeholderism” (which JNC supports) and “equal footing multi-stakeholderism” (which it doesn’t, mischaracterising it as “governance by self-selected elites”). But it has since mostly abandoned that pretense and become more overt in promoting an intergovernmental model of Internet governance, stating for example in a more recent statement, “We invite all countries to call for a Framework Convention on the Internet and to take up leadership in developing global Internet-related policies,” and averring that “[w]ithout governmental support, it is difficult, perhaps impossible to combat the dominance of global Internet monopolies”.

Now, I have argued elsewhere why governments ought not to have a monopoly on the development of Internet-related public policies, and why a model of multi-stakeholderism that includes governments as a key, but not dominant stakeholder can still be counted as democratic. You can accept those arguments or not. If you don’t, then you might come down on JNC’s side on this issue, and that would be perfectly legitimate.”

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