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UN Governance of the Internet

February 5, 2015
MyTechnologyLawyer
Web Edition

The International Telegraph Union (ITU) continues to promote changes to the International Telecommunications Regulations (ITR) global treaty (1988) designed to expand its jurisdiction and control over the internet. The goals of the ITU are well intentioned and laudable. Noting that two-thirds of the world's population does not have internet access, the ITU argues for global deployment and enhanced cyber-security through government controls. In response to hysteria regarding proposed UN power over the internet, the ITU correctly points out that member nations already have the authority and means to control internet content within their own borders.

The challenge faced by the ITU and its members is funding. Any proposal to distribute the costs of control and deployment raise the prospect of international taxation on the use of the internet which has typically been opposed by the established internet economy in the United States. For this reason, the US has gone on record opposing the expansion of ITU jurisdiction over the internet.

However, the US may very well be outnumbered. Many other leading countries (e.g. China, Russia and Middle East) favor greater control, tax distribution frameworks and improved cyber-crime fighting. The policies favoring the majority view may simply not embrace the free market orientation of the US. A weakened economy, crushing debt and a hollowed military may force the US to think twice before challenging the more totalitarian view.

If the jurisdiction of the ITU is eventually expanded to include worldwide governance of the internet, US firms will want to aggressively engage the ITU to insure that deployment and controls favor US business and political interests. If the US internet industry contributes to an international tax and cost distribution framework, it will want to influence spending to favor development of the industry rather than parochial political or social interests.

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