I was recently reading an interesting paper on constitutional solution to internet governance. The authors argue that because ICANN has been the governing body that has handled the functioning of the technical standards behind the internet, it could also serve as a means to implement effective governing of the internet as a platform. I am still reading the paper, but what I need to note here is that there is a distinction between the author and my idea of the internet.
I see the internet not as a platform but as its own temporal and spatial reality. It has its own space and time. It is not a means to an end, it is almost an end in itself. In this spatial dimension the creation of a singular authority that will single-handedly manage the task of internet governance seems quite absurd. Cyberspace is divided into multiple segments which are autonomous bodies in themselves. So it does not require that the internet is governed by a unitary structure with a constitutional-like charter backing it. We require the conceptual formulation of internet federalism.
This idea recognizes that power on the internet is built on the foundation of access to a community and its resources. In this regard, the internet is very similar to offline social relations. Thus communities that one holds some value for, may exercise power against the user to regulate his behavior. In this regard, the idea of federalism in internet governance ensures that communities develop robust internal mechanisms to regulate the conduct of their uses.
I am also inclined to look at how it may appear problematic to some. The criticism that I can foresee is how would the proposed internet federalism ensure that their internet regulatory mechanisms are in line with the existing law in each state. Even if it were considered from a constitutional standpoint, how would we ensure that each CoC is in line with the constitutional ethics of each state.
My response to that is rather simple. I take the model of corporate governance which ensures both autonomy and legal compliance. The corporate body is free to develop its own rules provided that it fulfills the bare minimum. A similar form can be implemented with internet communities also. the creation of bill of internet rights is important in this regard. The acceptance of such a document would be sine qua non for every community and group that wishes to self-regulate.
As is currently obvious, the idea is still in development.
1/?
-- krsna