FOR IMMEDIATE RELEASE September 23, 1998 CONCTACTS: Alex Fowler, +1 415 436 9333, afowler@eff.org Barry Steinhardt, +1 212 549 2508, barrys@eff.org John Gilmore, +1 415 221 6524, gnu@toad.com True Internet Democracy Undermined by Latest Agreement Over Domain Naming System Electronic Frontier Foundation Sends Open Letter and Revised Bylaws to IANA & NSI Emphasizing Need to Protect Free Expression on the Net SAN FRANCISCO, CA -- Charging that a proposed plan to revamp the Internet Domain Naming System (DNS) would threaten both the democratic governance of the Internet and basic human rights principles of free expression and due process, the Electronic Frontier Foundation (EFF) today called for substantial changes in the scheme. EFF's call came in an open letter to the Internet community and a set of proposed bylaw changes sent to the Internet Assigned Numbers Authority (IANA) and Network Solutions, Inc. (NSI). Together, IANA and NSI have drafted a "New IANA" plan to revamp the DNS processes, in response to a Clinton Administration White Paper calling for changes that reflect the global nature of the Net and which address inefficiencies, over-centralization and several other current problems. The "New IANA" plan is considered the main contender in satisfying these requirements. EFF argues that the plan fundamentally fails to meet these requirements. EFF Board member John Gilmore said, "we believe that the latest IANA/NSI proposal does not follow the requirements set forth by the White Paper for protecting openness and free expression." "There are several organizations quietly registering complaints about the proposal with the architects of the New IANA," he continued. "We've tried working from within the process to get our specific concerns related to free speech into the Bylaws and nothing has happened. EFF sees this as such a serious impediment to the future of the Internet that we feel compelled to make this public announcement." What's at stake is the executive responsibility for the technical aspects of the Internet, as the New IANA will oversee the management of the Internet's infrastructure, including domain name registration and setting technological standards and protocols. The latest agreement between IANA and NSI, which is articulated in a fourth draft of the Bylaws for the New IANA, is close to being finalized since the NSI contract over the DNS is about to expire at the end of this month. "The U.S. and other governments, Internet users, and standards organizations asked for an international, legally binding, democractic body governed by the full spectrum of Internet users," said Gilmore. "What it's getting instead is another U.S.-centric, closed corporation that would be run by an elite group shielded from public scrutiny." Specifically, EFF believes that the proposed New IANA Bylaws do not protect the public in the following four areas: * The lack of transparency and openness in the Bylaws prevents the public from participating in the governance of the DNS; * The Bylaws are silent on the importance of protecting free expression, which leaves the public vulnerable to arbitrary decisions that violate the basic right to speak freely; * The transition arrangements written into the Bylaws undermine the authority of the newly formed IANA board, rendering their articulated powers irrelevant; and * The lack of public disclosure of key contracts, and certain other clauses assist in the perpetuation of existing monopoly structures. EFF has crafted a set of enhanced and revised Bylaws that address these four areas, which are vital to protect the public interest. "As a basic principle, any foundation for governance of a communications system, such as the Internet, should stand on the fundamental human right of free expression," said EFF President Barry Steinhardt. "The strongest guarantees of free speech and publication, due process, and nondiscriminatory administration should be written into the charter of any organization empowered with Internet oversight." "True Internet-wide democracy has to happen now," added Gilmore. "If we were to enact the Bylaws agreed to by IANA and NSI today we would be turning our backs on the possibility of an open governance of the Internet." EFF has been tracking the DNS governance issue for the past several years. One of EFF's Board members is on the IANA Transition Advisory Group; another has agreed to join the Interim Board; a third was instrumental in the CORE effort to provide a capable competitor in global domain registration. In addition, EFF's legal staff has tracked and commented on numerous proposed policies and drafts, while our activists have closely followed the controversies online and in the press. EFF's Letter and Revised Bylaws sent to IANA and NSI are on the Web at: http://www.eff.org/pub/GII_NII/DNS_control/ Version 4 of the Proposed Bylaws for the New IANA, agreed to by IANA/NSI, are on the Web at: http://www.iana.org/bylaws-coop.html ********** The Electronic Frontier Foundation is one of the leading civil liberties organizations devoted to ensuring that the Internet remains the world's first truly global vehicle for free speech, and that the privacy and security of all on-line communication is preserved. Founded in 1990 as a nonprofit, public interest organization, EFF is based in San Francisco, California. EFF maintains an extensive archive at http://www.eff.org of information on electronic privacy, online free speech, and encryption policy.