The Snowden Affair and Control of the Internet

Vincent J. Vitkowsky, Chairman of FedSoc’s International & National Security Law Practice Group, published a detailed commentary for Advisen on the Snowden affair’s relation to control of the internet. It begins:

There is a serious conflict over future control of the Internet, as nations seek to influence its delivery mechanisms, protocols, economics, security, content, and governance. Until now, key functions have been managed through a multi-stakeholder approach, using technical organizations such as the Internet Corporation for Assigned Names and Numbers (ICANN), with oversight conducted by the US. But the last several years have seen a growing challenge to this system and the US role. Now a tipping point may have been reached. The public disclosures of the scope of the NSA surveillance programs have led to widespread international criticism, focusing and catalyzing the call for changes in Internet governance. The Internet is the most dynamic engine for economic growth in the world today, as well as the vital mechanism for dissemination of ideas. So the outcome of the conflict for control will have profoundly important commercial and political consequences. . . .

In November 2013, at FedSoc’s National Lawyers Convention, Vitkowsky moderated a panel discussion on “Cybersecurity – The Policy and Politics of a Leading National Security Threat.” Also participating were:

• Mr. Steven G. Bradbury, Partner, Dechert LLP and former head, Office of Legal Counsel, United States Department of Justice
• Mr. Joel F. Brenner, Principal, Joel Brenner LLC and former National Counterintelligence Executive, former Inspector General and Senior Counsel, National Security Agency
• Ms. Michelle Richardson, Legislative Counsel, American Civil Liberties Union
• Mr. Paul Rosenzweig, Red Branch Law and Consulting and former Deputy Assistant Secretary for Policy, U.S. Department of Homeland Security Principal
• Prof. John Choon Yoo, Emanuel S. Heller Professor of Law, University of California, Berkeley Boalt Hall School of Law

You can watch a video of the discussion here.