How digital colonialism could break the internet

Democratic Institutions Minister Karina Gould's recent call for the House Ethics Committee to consider new rules to regulate social media platforms in the lead-up to the federal election could have serious consequences. As Canada gears for a likely heated election, there is no question there are real and pressing internet security concerns. While countries have the right and duty to defend their citizens and institutions online, how they go about creating laws and policies is just as crucial as the reasons for them. Too many unilateral rules and well-intentioned internet legislation could ultimately “break the internet” as we know it, spurring potentially devastating individual, national, and economic consequences worldwide. For instance, consider a Supreme Court decision that went largely unnoticed in June 2017. It upheld an injunction that made Google remove an entire website from its global search index. This sets a dangerous precedent that Canadian courts can make decisions with extraterritorial impact—that is, regulation that affects people and corporations who use the internet beyond its national borders. The decision was a direct blow to the global, resilient nature of the internet. The internet connects people because of its basic design. A network of networks cannot be centrally controlled, because it has no centre. Without this essential feature, we do not have the internet at all. The Supreme Court’s Google decision created widespread anxiety and confusion abroad, as seen in California, where a district court reversed the order. By announcing that it has jurisdiction over intermediaries and content platforms on the internet, Canada set a global precedent that would inevitably be challenged. The challenge came in January 2019 from the attorney general of the European Court of Justice, who argued that de-referencing of content from the global index is disproportionate to the right to access information. Can one policy decision break the internet? Maybe not. But two conflicting policy decisions can. Digital colonialism—imposing rules based on a country’s values without considering the consequences beyond its borders—can be detrimental to both users and the infrastructure of the internet. It leads to conflicting decisions, international regulatory tensions, new digital divides and even "fragmentation" of the internet. That means people in Europe and other countries are exposed to different content. This is where we are now. It leaves many of us feeling that governments are forcing their values and principles on issues that affect us all, like censorship, privacy and security on the internet. It’s problematic to say the least. Digital colonialism can widen the existing geopolitical divide as more influential countries would be able to impose their regulatory culture at the expense of emerging economies and developing countries. Ultimately, this could break the internet into multiple smaller pieces dominated by a few powerful actors. Just as the internet is made stronger for being a network of networks voluntarily agreeing to connect with one another, we, too, are stronger together than we are apart. Collaboration is key to creating laws and policies that are focused, informed and proportionate and manage to uphold the internet’s core characteristics. That’s why initiatives like Mutually Agreed Norms for Routing Security, which try to reduce routing threats and help co-ordinate network operators, are so important. The same approach can be taken for court decisions or policies that relate to the Internet. In fact, policymakers might look to how Canada is working to secure the Internet of Things (IoT) as a collaborative model of success. Led by an oversight committee, which includes the Internet Society, Canadian Internet Registration Authority, Canadian Internet Policy and Public Interest Clinic, Canada’s National Research and Education Network, and Innovation, Science and Economic Development, a group of Canadian stakeholders are developing recommendations for an IoT policy to ensure security is ingrained in Canadian innovation. While its final recommendations aren’t expected until April 2019, the process has already influenced countries like Senegal and France to adopt similar approaches to secure IoT. The best way to strengthen the internet is by working in a collaborative way. So there’s a choice to make: We can pursue narrow national interests and eat away at the easy connectivity that makes the internet an engine for growth and development. Or we can set them aside and take collaborative actions to improve the security of the internet for everyone, recognizing that our collective will and creativity can defeat the attackers without impeding innovation online. By considering the potential impact of laws and policies beyond Canada’s borders, jurists, and policymakers will be better prepared to uphold an open, global, and resilient internet for all. Dr. Konstantinos Komaitis is the senior director of policy development and strategy at the Internet Society. The Hill Times

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How digital colonialism could break the internet

Too many unilateral rules and well-intentioned internet legislation could ultimately 'break the internet' as we know it, spurring potentially devastating individual, national, and economic consequences worldwide.

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