iGovernance: The Future of Multi-Stakeholder Internet Governance in the Wake of the Apple Encryption Saga

42 Pages Posted: 12 Oct 2016

See all articles by Scott Shackelford

Scott Shackelford

Indiana University - Kelley School of Business - Department of Business Law; Harvard Kennedy School Belfer Center for Science & International Affairs; Center for Applied Cybersecurity Research; Stanford Center for Internet and Society; Stanford Law School

Eric Richards

Indiana University Maurer School of Law; Indiana University - Kelley School of Business - Department of Business Law

Anjanette Raymond

Indiana University - Kelley School of Business - Department of Business Law; Queen Mary University of London, School of Law; Indiana University Maurer School of Law

Jackie Kerr

Harvard University - Harvard Kennedy School (HKS)

Andreas Kuehn

Syracuse University, School of Information Studies; Stanford University, Center for International Security and Cooperation; EastWest Institute, Global Cooperation in Cyberspace Initiative

Date Written: October 11, 2016

Abstract

How should the Internet be governed? What role should governments play? What about the private sector? Does it still make sense — as it did in 1998 when it was created — for a non-profit corporation based in California to be responsible for managing the Domain Name System (DNS), which matches IP addresses with website names? Would your answer change if you were a resident of New Delhi, or Beijing? From net neutrality to privacy, encryption, and the proper role for governments in securing critical infrastructure, Internet governance is a multi-faceted field with an increasing number of power centers shaping myriad global cybersecurity debates. Recently, in the wake of the 2015-16 Apple encryption debate touched off by the FBI’s request to unlock the iPhone of one of the San Bernardino shooters, the role of the private sector vis-à-vis States has enjoyed renewed attention at a time when the prevailing multi-stakeholder approach – incorporating a variety of non-governmental actors in an open and participative polycentric governance process – has come under strain. This reexamination is a continuation of the global debate following revelations by former NSA-contractor Edward Snowden, prompting a reassessment of the benefits and drawbacks of the current state of Internet governance and what role international law and institutions should play in crafting twenty-first century cyberspace. This Article delves into this debate by focusing on the Apple encryption saga and what it portends for the role of emerging private and public power centers in shaping the future of polycentric Internet governance. Addressing this question and what it portends for the prospects of cyber peace in an age often defined by cyber insecurity is central to enhancing global equity, security, and privacy online.

Keywords: cybersecurity, cyber attack, encryption, Apple

Suggested Citation

Shackelford, Scott J. and Richards, Eric and Raymond, Anjanette and Kerr, Jackie and Kuehn, Andreas, iGovernance: The Future of Multi-Stakeholder Internet Governance in the Wake of the Apple Encryption Saga (October 11, 2016). North Carolina Journal of International Law and Commercial Regulation, 2017 (Forthcoming); Kelley School of Business Research Paper No. 16-74. Available at SSRN: https://ssrn.com/abstract=2851283

Scott J. Shackelford (Contact Author)

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Harvard Kennedy School Belfer Center for Science & International Affairs ( email )

79 JFK Street
Cambridge, MA 02138
United States

Center for Applied Cybersecurity Research ( email )

Wylie Hall 105
100 South Woodlawn
Bloomington, IN 47405
United States

Stanford Center for Internet and Society ( email )

Palo Alto, CA
United States

Stanford Law School ( email )

Stanford, CA 94305
United States

Eric Richards

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Anjanette Raymond

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

Jackie Kerr

Harvard University - Harvard Kennedy School (HKS) ( email )

79 John F. Kennedy Street
Cambridge, MA 02138
United States

Andreas Kuehn

Syracuse University, School of Information Studies ( email )

Hinds Hall
Syracuse, NY 13244
United States

Stanford University, Center for International Security and Cooperation

Stanford, CA 94305
United States

EastWest Institute, Global Cooperation in Cyberspace Initiative

New York, NY 10017
United States

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