Master Thesis 'Hands Off The Internet! How The Securitization of An Internet Governance Approach Impacted The World Conference On International Telecommunications'
Master thesis 'Hands off the internet! How the securitization of an internet governance approach impacted the World Conference on International Telecommunications'
Master Thesis 'Hands Off The Internet! How The Securitization of An Internet Governance Approach Impacted The World Conference On International Telecommunications'
internet governance approach impacted the World Conference on International Telecommunications Harm Hoksbergen Thesis supervisor: Dr. Stephanie Simon Second reader: Prof. Dr. Marieke de Goede Thesis submitted in partial fulfilment of the requirements for the degree of Master of Science (MSc) Political Science (International Relations) at the Graduate School of Social Sciences, University of Amsterdam. Amsterdam, April, 2014 Of is dat het niet? Het is gewoon een kwestie van perspectief. Zie je rommel op de ruit of zit er stof op je oog? Het is maar net waar je in gelooft. Ieder zijn belevingswereld, goed of slecht Het is maar net hoeveel waarde je eraan hecht. - Glenn de Randamie (2007) Three thousand miles of wilderness, overcome by the flow A lonely restitution of pavement, pomp and show I seek a thousand answers, I find but one or two I maintain no discomfiture, my path again renewed. - Greg Graffin (1990) Abstract The 2012 World Conference on International Telecommunications (WCIT-12), hosted by the International Telecommunication Union (ITU), a United Nations specialized agency, ended in a puzzling outcome. The aim of the conference was to revise an old International Telecommunication Regulations (ITRs) treaty, the outcome was accepted by many member states, while others rejected. The ITU mostly deals with non- controversial technical issues, which made the conflicted outcome and failure to reach consensus remarkable. How did his happen? This study analysis a securitization process in the run-up, during and after WCIT-12, which aimed to securitize a hands- off internet governance approach. A coalescence of actors used succesfull securitization moves to secure the hands-off vision on internet regulation at WCIT-12. Resulting in an unworkable environment to reach consensus on a new ITRs treaty. The study provides a new perspective in understanding the outcome of WCIT-12, and gives new insight in the employment of securitization theory and internet governance conceptions. Keywords: WCIT-12, ITU, ITRs, internet governance, securitization theory 4 Acronyms and Abbreviations ccTLD Country Code Top-Level Domain CS Copenhagen School DNS Domain Name System EC European Commission EP European Parliament EU European Union gTLD Generic Top-Level Domain IANA Internet Assigned Numbers Authority ICANN Internet Cooperation for Assigned Names and Numbers ICT Information and Communication Technology IETF Internet Engineering Task Force IGF Internet Governance Forum IR International Relations ITR(s) International Telecommunication Regulation(s) ITU International Telecommunication Union ITUC International Trade Union Confederation NGO Non-Governmental Organisation SG Secretary-General TCP/IP Transmission Control Protocol/Internet Protocol TLD Top-Level Domain UAE United Arab Emirates UN United Nations US United States (of America) WCIT/ World Conference on International Telecommunications 2012 WCIT-12 WGIG Working Group on Internet Governance WSIS World Summit on the Information Society 5 Table of Contents Abstract ...................................................................................................................................... 4 Acronyms and Abbreviations .................................................................................................... 5 Preface........................................................................................................................................ 9 Introduction .............................................................................................................................. 12 Chapter 1: Conceptual framework ........................................................................................... 16 1.1 Conceptualizing internet governance ............................................................................. 16 1.1.1 Theorising the internet as technical infrastructure .................................................. 17 1.1.2 The emerging internet governance debate .............................................................. 19 1.1.3 Reformulating the IR perspective on internet governance ..................................... 23 1.2 Conceptualizing securitization theory............................................................................ 26 1.2.1 Securitization in three steps .................................................................................... 27 1.2.2 Facilitating factors in securitization theory............................................................. 29 1.2.3 Refining speech act theory ...................................................................................... 29 1.3 Reflection on the usage of securitization theory ............................................................ 33 1.3.1 Securitization theory and the handling of identities ............................................... 36 1.3.2 Discharging desecuritization as normative aim ...................................................... 38 1.3.3 Setting out the research objective ........................................................................... 40 Chapter 2: Research design ...................................................................................................... 42 2.1 Case study research design ............................................................................................ 42 2.1.1 Level of analysis ..................................................................................................... 44 2.1.2 Unit of analysis ....................................................................................................... 45 2.2 Outlining methods .......................................................................................................... 46 2.2.1 Discourse analysis as analytical tool....................................................................... 46 2.2.2 Analysing extra-linguistic forms of a speech act .................................................... 51 2.2.3 Data collection & presentation................................................................................ 52 Chapter 3: Sound the alarm, the ITU plans an internet takeover! ........................................... 56 3.1 Commencing the securitization move ............................................................................ 56 3.1.1 Leaking WCIT-12 documents ................................................................................. 57 6
3.2 Campaigning against WCIT-12 ..................................................................................... 58 3.2.1 Googles Take Action campaign .......................................................................... 59 3.2.2 Continued securitization in the media ..................................................................... 62 3.3 Parliamentary securitization contributions .................................................................... 64 3.3.1 The US Congress concurrent resolution ................................................................. 65 3.4 ITUs attempt to desecuritize WCIT-12 ........................................................................ 66 Chapter 4: Stonewalling WCIT-12 and its aftermath .............................................................. 70 4.1 Dont mention the I-word .............................................................................................. 70 4.1.1 Progress in the midst of controversies .................................................................... 71 4.1.2 Measuring the temperature in the room .................................................................. 73 4.1.3 Crumbling consensus .............................................................................................. 75 4.2 WCIT-12 a failure or a success? .................................................................................... 76 4.2.1 Pointing the blame .................................................................................................. 77 4.2.2 Controlling the hands-off approach ........................................................................ 80 Conclusion ............................................................................................................................... 83 6.1.1. Theoretical conclusions and future research .......................................................... 85 6.1.2 Implications of the findings for the internet governance debate ............................. 86 Appendix ................................................................................................................................ 102 Appendix 1: ITU member states and WCIT-12 attendance........................................... 102
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List of Figures and Tables
Figure 1: Penrose Triangle (Wikimedia Commons, 2007) ...................................................... 11 Figure 2: On the spot signatories and non-signatories of the WCIT-12 Final Acts (ITU, 2012b). ..................................................................................................................................... 13 Figure 3: Schematic reflection of a successful securitization process in which an illocutionary and a perlocutionary speech act are used. ................................................................................ 31 Figure 4: Fragment from the Google Take Action website (Google, 2012a). ...................... 60 Figure 5: Fragment from the Google Take Action website (Google, 2012a). ...................... 61 Figure 6: Delegates of different ITU member states show boards in support of Resolution 3 as part of measuring the temperature in the room (ITU, 2012f). ............................................... 74
Table 1: Different element in a speech act sequence (Vuori, 2008, pp. 77-89) ....................... 49 Table 2: Four strands of securitization (Vuori, 2008, p. 76) .................................................... 50 Table 3: Top-10 of biggest ITU member state delegations in number of participants at WCIT- 12 (ITU, 2012c). ...................................................................................................................... 73
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Preface
The past three and a half years have been an intriguing encounter with the academic field of political science and International Relations. Past years of studying have given me a full array of interesting new insights on the academic and the empirical level. This journey now comes to an end with this master thesis. Before presenting my research in detail I would like to seize this opportunity to briefly reflect on my past years as a student political science/International Relations. My first class political science in 2010 was quite a disorienting experience. As I learned in class when talking about contested concepts, there is a total lack of consensus on fundamental concepts like power in the academic field. I felt social scientific research was flawed from the start if we were not able to settle such important definitional matters beforehand. If we could not agree on what it is we want to study, how can we study it? I discussed my indignation with my lecturer after class. In the discussion which followed I was asserted the answer to this question is quite difficult, but there will be enough opportunities in the years to come to discuss this matter my lecturer assured me. Of course in retrospect my lecturer was right, looking back studying political science (and social sciences in general) is all about this question; how and in what way can we explain or understand the social world around us. This lesson in pluriformity of academic insights, made clear to me thinking in a black and white dichotomy is generally too simplistic. For every viewpoint there is also an oppositional interpretation. The truth for that matter is probably grey instead of black or white. Academic thinking also taught me the relativity of most social scientific research. As J ackson notes referring to the so-called demarcation problem in scientific research: Unfortunately, philosophers have come to no global consensus about what defines a field of inquiry as a science or a practice of knowledge-production as scientific (J ackson, 2011, p. 11). This might be interpreted as an admission of weakness but instead offers a good learning school in life itself. How many times truth in daily life is also just a matter of interpretation? Although this might sound like Nietzschean thinking, I would not go so far to proclaim an anything goes mentality or be needless pessimistic about the social scientific enterprise in general. Rather I would like to think of practicing social science as a game of Scrabble in analogy of Friedrich Kratochwils metaphor:
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We begin with a concept that makes certain combinations possible. In crisscrossing, we can go on, and our additions are justified by the mutual support of the already existing words and concepts. Sometimes, we cannot proceed as our attempts to continue are stymied. Then we begin somewhere else and might, by circuitous route, reach again some known terrain. Potentially where are innumerable moves, and no two games are the same, since moves at different times will have different consequences. On the other hand, none of them is free in the sense that anything can happen. But none of them could have been predicted by the view from nowhere as everything depends on the words that are put in place, the site that is chosen for extending the game, and the time (Kratochwil, 2007, pp. 49-50).
Every student of International Relations (IR) learns about the different grand theories in the academic field. The different ontological and epistemological debates in IR were amply dealt with in my years of studying. As I learned every approach has its own strengths and weaknesses. This is why I always favour academic thinkers who critically reflect on their own work and openly admit the limits in their thinking. 1 In my opinion a good social scientist guards against dogmatic thinking and dares to cross scientific borders so often created by certain labels. Classifying the field of IR using different schematic labels (e.g. neorealism/ classical realism) above all is an artificial exercise which shouldnt obstruct fruitful scholarly exchange (Knudsen, 2001, p. 356). Because the full array of ontological/epistemological positions in the field of IR we should be careful to attack each others work purely on the ground of these academic differ- ences. Otherwise the academic debate easily falls flat in a game of oh yes it is - oh no it isnt. Even anti-foundational approaches should be wary their deconstructing attempts and critically assessments of value-free social scientific research, do not result in just endless academic debates on unbridgeable viewpoints or paradigmatic wars as they are sometimes characterised (Lake, 2013). Rather these approaches could render interesting new insights by their own premises. I would not say conflicting views should not be expressed; rather I would like to refrain from academic strives which solely end in contrasting viewpoints but do not constitute any new insights. Finally to give an answer to my own question; there is no need for an eclectic con- ception of the truth, instead every academic viewpoint renders its own valuable contribution 1 See for example the work of J ohn Gerard Ruggie (1998, pp. 37-39). 10
by its own premises. I would say my present academic position is more agnostic and looks like a Penrose Triangle (Figure 1). Unifying academic research into one exhaustive truth is like the Penrose Triangle itself; simply impossible. Still every approach contributes its own valuable insights into the academic discipline and should therefore be considered a welcome contribution to the whole.
At this moment I would like to briefly acknowledge (but not exclusively) the help of some persons who made my scientific endeavour possible. First of all I would like to thank both my parents who always supported me throughout the years in every possible way, and gave me the opportunity to break new paths. Secondly I owe much gratitude to Maaike, who helped me to regain sight in times I loosed track, and encouraged me to pass through by helping in any way she could. To conclude I would like to thank Stephanie who provided me a free reign to develop this thesis, but also provided helpful direction when I started to wander off. And without her watchful eye the title of this thesis might have implied the internet has hands ;-)
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Introduction
It was with a heavy heart and a sense of missed opportunities the delegation from the United States walked away from the World Conference on International Telecommunications (WCIT). 2 The 2012 conference held in Dubai was organised by the International Tele- communication Union (ITU), a specialized United Nations organization, and aimed to revise an International Telecommunication Regulations (ITRs) treaty dating from 1988. 3 Back then the internet was still in its infancy and the old ITRs treaty therefor mainly focussed on the interconnectivity and interoperability of voice telecommunications (ITU, 2012a). Since 1988 much has changed, the telecommunications sector became a liberalized market in many countries and a shift has taken place from fixed to mobile telephony. Another transformation occurred in the ICT infrastructure which increasingly relies on IP-enabled (data) networks instead of traditional voice telecommunications networks (ITU, 2013). This new reality created a global impetus to update the ITRs treaty in order to face challenges related to global ICT use. 4
The ITU is a typical intergovernmental organization, which entails all member-states have one equal vote. 5 At an ITU conference it is the tradition and practice decisions are reached by consensus, since the ITU mostly deals with non-controversial technical issues it is usually possible to reach consensus. But a majority decision can also be casted by using a simple majority of votes. In the closing days of WCIT-12 (or wicit-twelve as it is usually pronounced), it became apparent consensus had made room for distrust and discord between the different ITU member states. The newly proposed ITRs treaty was adopted by 89 ITU member states in an unusual majority vote (ITU, 2012b). This outcome was not acceptable for the US and other ITU member states, who refused to sign the new treaty (see Figure 2). It marked a split between ITU member states, which seemingly is an unusual outcome of the negotiations since most of the treaty contained a consensual package deal. And ITU member 2 This thesis is written in UK English based on the Oxford English Dictionary (2005) using APA Fifth Edition citation style. 3 The tasks of the ITU include the allocation of the global radio spectrum and satellite orbits, developing technical standards that ensure network interconnectivity and advancing connectivity globally especially in deprived regions. 4 These topics include: Human right of access to communications, Security in the use of ICTs, Protection of critical national resources, International frameworks, Charging and accounting, including taxation, Interconnection and interoperability, Quality of service and Convergence (ITU, 2012a, p. 2). 5 The ITU is an inter-governmental body with 193 full membership countries. In addition over 700 private- sector entities, non-governmental organizations and academic institutions are member of the ITU but these members have no voting right. 12
states can make provisions on the new treaty, whereby a member state can decide not to commit on unwelcoming pats of the treaty. Furthermore the ITU has no regulatory enforcement capabilities to look after the compliance of a treaty. The member state is self- responsible for ratification and implementation of an ITR into national legislation. In brief one would think there is little to fear of the new ITRs treaty, but reality seems to portray a different picture.
Figure 2: On the spot signatories and non-signatories of the WCIT-12 Final Acts (ITU, 2012b). 6
After the conference different actors stated the new treaty had put the free internet in jeopardy (US Department of State, 2013). Already in the run-up of the conference a heated debate had ignited in which different actors declared the ITU tried to take over the internet (Albon, 2012). It was feared that authoritarian ITU member states would gain control over internet regulation issues through the ITU. Adherers of a hands-off internet governance approach argued the internet was built on a multistakeholder model which had to be shielded of by top-down government regulation. The internet had its own unique governance 6 No political statements (e.g. on the political status of territories) are intended using this particular world map. The map is made using Google Sheets. : Non-signatories : Signatories : Non-participants 13
architecture which had to be shielded off (hands-off) by attempts of old-fashioned international regulation bodies to control the internet. Whether these concerns are true or false is probably a question of perspectives and therefor difficult to answer. What remains puzzling though is how this security concerns over the hands-off approach to internet governance dominated WCIT-12. As the ITU kept repeating it did not seek to control the internet nor wanted to inflict with the existing governance architecture of the internet (Tour, 2012c). Given the limited scope of the new ITRs treaty and the impossibility to impose any regulations if a member state does not want to, why was there so much heated debate on WCIT-12? To understand this process this study builds on securitization theory (Buzan, Wver, & De Wilde, 1998). 7 This theory presumes speech acts or specific rhetorical structures present an issue as an existential threat. When an actor initiates a securitization move an issue is lifted out of normal politics by claiming the issue needs to be treated by extraordinary means. In the case of WCIT-12 this would signify the conference poses a threat to the hands-off internet governance approach, therefor normal international negotiations on new ITRs have to be exempted to protect the hands-off approach towards internet governance. The following research question thereby leads this study:
How did securitization of the hands-off internet governance approach interfered with the World Conference on International Telecommunications in 2012?
This study thus seeks to understand the securitization process of the hands-off internet governance approach in the run-up, in between and in the aftermath of WCIT-12. Why is an analysis of his empirical case relevant from an academic perspective? First of all this study uses an adapted form of the much debated securitization theory. By delineating extensively how securitization is applied, this study aims to give input in the academic debate on the status of securitization theory and shows using the theory can generate interesting insights. Secondly WCIT-12 provides a unique case to study the clash between different internet governance approaches. Analysing this event tells something over which approach dominates the current global internet governance architecture. Third studying the case provides interesting empirical results which better our understanding on what happened at WCIT-12. Most published work on WCIT-12 focusses on analysing the ITRs treaty texts, and what it 7 The use of securitization in this study has not to be confused with the use of the term in financial practice. 14
signifies for current internet regulations (Bennett, 2012) (Fidler, 2013) (Hill, 2013) (2014). This study does not seeks to uncover whether the new ITRs treat actually impose stricter internet regulation. This study merely aims to understand how actors in the field think about internet governance issues and what this conveys in terms of lifting issues of the normal decision making agenda. The adjoining broader aim of this study is to provide an understanding of what happened at WCIT-12. The results of this study could be used to provide input in a debate on the expedience of the used hands-off internet governance approach by certain actors. The findings of this study can thus provide a thinking space for the reader in order to reflect of the outcome of WCIT-12 and how this fits with the broader current internet governance architecture. The study builds on a case study research design focussing on the securitization of the hands-off internet governance approach before, during and after WCIT-12. Therefor the timeframe of May 2012 May 2013 is chosen in which written documents and audio-visual material is gathered and analysed. This material will be analysed using an adapted framework by Vuori (2008) building on discourse analysis. The reader who is going through this thesis might occasionally wonder why some parts in this study are so extensively delineated. First of all this is not done to bully the reader, it is meant to be thorough in explaining why certain choices are made in this study. It helps to increase the reliability and the possibility to replicate the findings of this study. The reader is thus invited to skip certain parts in this study when thinking for example it is not relevant to read about research choices when one is only interested in the findings of this study. In the following chapters first the term internet governance will be defined by theorizing the internet as a technical infrastructure after which the programmatic debate on internet governance is stipulated. These sections are meant to clarify what internet governance is about. The IR perspective on internet governance is reviewed and the definition of the internet as a global governance architecture is introduced. The next section defines securitization theory and refines the use of the theory in this study. A reflection on the operation of the theory in this study will clarify why and how theory is used in this study. The research design chapter will outline the employment of the used methods in this study, by building on a form of discourse analysis. The findings are presented in two chapters, the first in analogy with the run-up of WCIT-12, and the subsequent chapter dealing with the conference itself and the aftermath. The conclusion will draw on the findings and presents a conclusive answer on the research question. 15
Chapter 1: Conceptual framework
This chapter will conceptualize the two most important concepts in this study. The first concept which will be outlined is internet governance. The term internet governance is mostly ill-defined and is often used as a fashionable catch-all phrase. The concept will be therefor put under close scrutiny. The second conceptualisation this chapter addresses is the operationalization of securitization theory. Foremost securitization is a conceptual move on how to understand security. Both internet governance and securitization are the basic building blocks in this study, because of the complexity of both terms they are conceptualized in detail. 1.1 Conceptualizing internet governance The term internet governance is inherently connected with programmatic aims or normative ideas on the governance of the internet. Internet governance namely implies there is governance of the internet. But as some will argue the internet has to be conceived as a self-regulating network, which has to be shielded of from any governance attempts. This brings a duality in meaning between the ones conceptualising internet governance as analytical lens which concerns the empirical governance of the internet, and others using the term as normative device to prescribe or prevent certain programmatic governance attempts. This study uses internet governance as an analytical device by conceptualising the term as global governance architecture. But reference to certain opposing vision in the practical use of the term are important to address, since these visions play an important role in contested ideas about the future working of the internet. To give a clear understanding of the multi-faced meaning of internet governance, the term is peeled off by defining its three basic elements; first the internet as technical infrastructure is conceptualised. Secondly the controversy surrounding the programmatic ideas intertwined with internet governance as a term, are outlined. Because the term internet governance is closely related with empirical governance issues, this section will be somewhat descriptive and empirical. The last section will sketch the use of internet governance in the IR literature, and will conceptualise internet governance as global governance architecture. 16
1.1.1 Theorising the internet as technical infrastructure The internet in this study is defined by outlining its three main empirical characteristics. First characteristic is the decentralized and non-hierarchal architecture, second the global scope of the internet and third the use of critical internet resources. Although these characteristics are sometimes elusive due to their multi-faced nature, they guide the broad technical characteristics of the current internet architecture. 8
To understand the decentralised and non-hierarchal character of the internet first the technical functioning of the internet needs further conceptualisation. 9 The internet is a global distributed network, which consists of different autonomous networks that are interconnected through a digital networked communication method called packet switching. Before a message is sent it is divided into different packets. Each packet is transmitted individually and can use different routes over the network towards its destination. To accomplish this task a set of rules are agreed which are formulated in different technical protocols, from which the Transmission Control Protocol/Internet Protocol (TCP/IP) is the most widespread protocol package. The TCP/IP protocol is based on the end-to-end principle. This entails the technical design of the internet is based on a dumb network. First the Internet Protocol addresses the different nodes in a network; it ensures unique identifiers (IP addresses) to all the different nodes in the network (DeNardis, 2010, p. 6). 10 Having a unique identifier the nodes in the network are able to send packets to all other nodes in the network, without requiring the network to maintain the status of a transmission. The network thus functions as a neutral intermediary pushing through traffic without understanding its nature (Mueller, Mathiason, & Klein, 2007, p. 247). The communication on this transmission takes place between the different end points in the network. For example based on information in a received package from another node a client can know whether there is more to come or the transmission is complete. The network itself doesnt know or give such information. This reflects there is no 8 Formulating what the internet is brings in the danger of conceptualising the internet in relation to a certain programmatic idea about what the internet should be. For example the internet could be conceptualised in analogy with the telephone system which would suggest regulation of internet content is not desirable as it is not commonly accepted to interfere with telephone conversations either. Conceptualising the internet as an information superhighway would in contrast legitimize stricter regulation, since a safe and good highway needs strict traffic controls (Kurbalija, 2010, pp. 22-27). Therefor this study conceptualizes the internet solely by its main empirical characteristics. 9 Since some of these technical aspects are strongly connected with the governance issues of the internet they need to be outlined in more detail. Although for reasons of time and space constraint only the most relevant technical aspects will be outlined briefly. More exhaustive resources on the technical working of the internet are given by (Mueller, 2002) and (DeNardis, 2009). 10 Although a node is a complex technical term, for the sake of convenience it is used in this study as the end- point or redistribution point in a network. A node can be for example a computer, router or even a smartphone. 17
hierarchy in the different end-points in the network. The network acts as a simple intermediary for all the nodes on an equal basis. Moreover the network is decentralised. All end-points communicate directly with each other without central steering. Related to the end-to-end architecture of the internet is its global and non-territorial character. Nodes communicate based on an IP-address which has no geographical reference. This makes the internet in essence geographically unbounded and global in character. Naturally a subtle distinction on the boundless character of the internet needs to be made to account the physical infrastructure of the internet. This physical infrastructure consisting of power grids, routers, fiber and optic cables (etc.), obviously is geographically bounded. This highlights the multi-faced character of the internet. Sometimes the internet is territorially fixed when for example the internet is blacked out in a certain region due to a power breakdown. In another instance the internet is truly global in character, for example when a computer virus spreads throughout cyberspace it does not pay attention to geographic boundaries. The last important character of the internet is the existence of so-called critical internet resources. An intrinsic feature of the technical infrastructure of the internet is the need for some unique resources for without the internet cannot function. The first critical resource is the management of the different IP-addresses. These addressed needs to be allocated by some mechanism to the different nodes in the network. Without centralising the issuing of IP-addresses it is impossible to preserve the uniqueness of every IP-address, since nobody knows which address is used and which is free. A special institution is setup for this task; the Internet Assigned Numbers Authority (IANA) which is a department of the Internet Corporation for Assigned Names and Numbers (ICANN). The ICANN is responsible for allocating clusters of IP-addresses to Regional Internet Registries for regional assessment (DeNardis, 2010, p. 5). Another critical internet resource which needs central coordination is the Domain Name System (DNS). The DNS is built merely to make it easier for humans to use the internet. The DNS links a numerical IP-address to an alphanumeric domain name. 11 J ust as IP-addresses these domain names need to be unique in order to function properly. If there is no univocal addressing system, the technical infrastructure will be plagued by unresolvable conflicting requests. The DNS serves to perform the critical function by keeping track of all 11 For example the domain name uva.nl is linked with the IP-address 145.18.12.42. The website of the UvA can be accessed by using only the IP-address but since this is difficult to remember the domain name serves as a useful mediator between man and machine. 18
the global distributed domain names. In simple terms the DNS is a huge database or telephone book in which information of the different IP-addresses and domain names is stored (Klein, 2002, p. 195). Like the allocation of IP-addresses the DNS is coordinated in a hierarchical way. On top of the hierarchical tree is the ICANN managing the root of the DNS (Mueller, 2002, p. 42). The DNS root dictates which generic top-level domain names (gTLD) and country code domain names (ccTLD) can be assigned. 12
The management of the DNS and the IP-addressing inform us the internet is organised decentralized and non-hierarchical only to some extent. For the network to function some sort of hierarchically structured architecture is needed in order to maintain a unique addressing system to coordinate the scarcity of available IP-addresses and domain names. This duality of (contrasting) governance structures rooted in the technical infrastructure of the internet, highlight once more the multi-faced character of the medium. 1.1.2 The emerging internet governance debate In the present architecture the IANA/ICANN stand on top of the tree in managing scarce critical internet resources. The ICANN is a private, non-profit and US-based organisation. This signifies the most critical internet resources fall under US jurisdiction. Even more than that, the US government retains residual authority over the DNS root zone (Mueller, 2002, p. 186). When the ICANN was setup in 1998 it was delegated policy authority over the DNS and IP-addressing system. But not without the US Department of Commerce having a final unilateral oversight on the core critical internet resources the ICANN coordinates. 13 The ICANN is a private self-governing entity based on a global operational multistakeholder model, but the ultimate authority over the core internet resources remains in the hands of the US government (idem, pp. 197, 211). In a desire to avoid existing international institutions the US-government blocked off earlier attempts to incorporate the coordination of critical internet resources into a mere traditional intergovernmental model. The International Telecommunication Union (ITU) resolves technical and financial questions related to Information and Communication Technology (ICT) by arranging agreements between sovereign states. Since the ITU plays a key role in the coordination of telephone networks, the ITU anticipated the internet 12 Examples of generic TLDs are .com, .net or .org. Examples of ccTLDs are .us for the United States and .nl for the top-level domain of the Netherlands. 13 In 2009 the US Department of Commerce relaxed its supervision over the ICANN. In the so-called Affirmation of Commitments the US government surrendered most formal and visible legal control over ICANN, while less visible power structures remain in place. The ICANN promised to remain located in the US, which states a commitment to remain under US jurisdiction, and thus the US shadow of hierarchy remains in place (Froomkin, 2011). 19
infrastructure would be a new domain in need for its coordination. The organisation tried in an early stage to establish an UN-based DNS governance structure. 14 But the US-government effectively side-lined this initiative by creating the ICANN. The US has a long-standing apathy towards the ITU, despising its one-country-one-vote structure and centralised intergovernmental character which clashes with the decentralised and privatized domain of the internet (Mueller, Mathiason, & Klein, 2007, p. 239). By creating the ICANN the US downplayed the very need for any governance of the internet. The unilateral creation of the ICANN and the indirect US authority over the critical internet resources it coordinates created fierce debates over the legitimacy and expedience of this arrangement. Some argue the US acts as a unilateral hegemon over cyberspace, exerting their political leverage to impose a marked-based internet governance approach based on self-regulation (Drissel, 2006, pp. 116, 118). Others are concerned with the stability of the internet and portray the situation as a ticking time bomb, due to the danger of political interference with the coordination of critical internet resources (Mueller, 2002, p. 223). 15 Altogether these critiques on the present ICANN regime range from questions over accountability, legitimacy, democratic control and internet stability in general. Out of geopolitical tensions and rising criticism on the mandate of the ICANN, the internet governance debate emerged. To give a better picture of how the internet governance debate was institutionalised this section gives a brief overview on its historical development. During the World Summit on the Information Society (WSIS), an unusual UN-hosted two-phased conference held in Geneva (2003) and Tunis (2005) aimed to bridge the global digital divide, critique on ICANNs mandate was expressed by several governments (Mueller, Mathiason, & Klein, 2007, p. 240). Developing countries like China, Brazil and South-Africa expressed their preference to recast internet regulation architecture into existing international frameworks like the ITU. Other European countries also denounced the current ICANN mandate, and endorsed the regulation of critical internet resources needed a new international treaty or charter (idem. pp. 239-240). Although the restructuring of the DNS in the 1990s had already led to the recognition internet governance is not primary about technical issues but includes 14 This came to be known as the International Ad Hoc Committee (IAHC), which came up with a Generic Top- Level Domain Memorandum of Understanding gTLD-MoU, in which a procedure for allocating and managing domain names was constituted. The initiative became irrelevant and soon dissolvent with the creation of he ICANN. 15 The adoption of the .xxx TLD marked the latest tense relationship between the ICANN as independent organisation and the US government. The new TLD was approved by the ICANN but its introduction was delayed due to protests by the US government. See (Richards & Calvert, 2011). 20
legal and political controversies (Par, 2003, p. 1), during the WSIS the critique on the role of the ICANN in internet governance arrangements gained formal international recognition. The disaffection with the current regulation regime under the ICANN created the impetus to setup a Working Group on Internet Governance (WGIG), which marked the kick start of a formal institutionalised global internet governance debate. The UN-based WGIG developed a broad definition of what internet governance should entail; its recommendation was to create a new multistakeholder forum to deal with internet issues. 16 This multistakeholder forum needed an open character in which all relevant stakeholders, from the private sector civil society and governments from both developing as developed countries could participate. The WSIS mandated the creation of a so-called Internet Governance Forum (IGF), which institutionalised the internet governance debate. The IGF first held in 2006 and mandated till 2015, is held yearly and functions as a policy dialogue on internet regulation issues based on an open multistakeholder model. The results of the IGF remain inconclusive, as some argue there is continued deliberation without contributing concrete change to ICANNs operationalization (Mueller, Mathiason, & Klein, 2007, p. 242). 17 But the IGF being mainly a talking shop is partly an evident outcome given the lacking decision-making authority of the forum, on the other hand the lack of progress marks the contesting views on internet regulation. 18
The first view on internet regulation is strongly related with the genesis of the internet. The internet originated mainly in the realm of the academic world and the private sector without much government interference. In this early stage the internet was solely governed through running code based on rough consensus. 19 This means the intrinsic technical usefulness of an adaption, decided on an ad-hoc base how the internet was designed. The adage if it isnt broke dont fix it marks the preference of this vision, which still dominate in standard setting organisations like the International Engineering Task Force (IETF). In this vision the technical operationally is more important than anything else. The US government initially remained passively letting the internet engineers do their thing 16 The WGIG created the following definition: Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet (WGIG, 2005, p. 4). 17 Some state the UN-led internet governance debate was flawed form the start, due to the harnessing power of some powerful actors which pushed for a neo-liberal entrepreneurial spirit (McLaughin & Packard, 2005, p. 358). 18 Some authors argue the IGF is somewhat a red herring for it is only a dialog on diverse ranging topics without any policy-making authority (DeNardis, 2010, p. 3). 19 As claimed by Dave Clark in the early 1990s being the motto of the IETF: We reject kings, presidents and voting. We believe in rough consensus and running code (Hofmann, 2007, p. 4). 21
(Goldsmith & Wu, 2006, p. 32). This decentralised and anarchic character of internet operationalization led many to believe the internet was a new uncontrollable medium. This so called cyberlibertarianism was most famously articulated by J ohn Perry Barlow in his declaration of independence of cyberspace. 20
With the growth of the internet the amount of different actors stepping into the internet governance debate has grown correspondingly. Particularly the eagerness of governments to interfere with internet regulation issues, created tension with the visions of cyberlibertarians. However the US government holds an exclusive position. 21 By prioritised self-regulation, the US government in general favours privatised and marked-based internet regulation over strong centralised public steering. This view is upheld by arguing internet governance is about technical issues, which are best coordinated by technicians. Internet governance in this sense is thus a bottom-up and pragmatic matter, which has to be free from suffocating government restrictions. Although self-regulation has to leave room for political oversight and dispute resolution, in order to facilitate the self-governing framework (Holitscher, 2004, p. 7). It marks a complex public-private partnership which favours the present status quo situation on internet governance, and can be best summarised as the hands-off approach. The antithetical view of the hands-off approach is a stew of different views on internet governance issues. The only base-line all these visions share is a general dissatisfaction with the current internet regulation framework. The reason there is not one antithetical vision contrasting the hands-off approach, is a coalescence of actors involved in the internet governance debate. For example civil society organisations argue the current ICANN regime is undemocratic and illegitimate, they push for a true multistakeholder model. Another position in this spectrum is the stance of some nation-states, arguing internet regulation issues should have a stronger intergovernmental mandate. A second cause of the cacophony of contesting vision in the internet governance debate is a difference in perception of which issues have to be addressed. So far the focus has 20 In this pamphlet the cyberspace is declared a sovereign space, which should be shielded of from government interference. The following much quoted part illustrates this vision: Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather. [] Governments derive their just powers from the consent of the governed. You have neither solicited nor received ours. We did not invite you. You do not know us, nor do you know our world. Cyberspace does not lie within your borders. Do not think that you can build it, as though it were a public construction project. You cannot. It is an act of nature and it grows itself through our collective actions (Barlow, 1996). 21 This exclusive position derives from early critical internet innovations and early adoptions of these innovations which took place in the US. For an analysis on why the US provided the perfect breeding ground for the development of the internet see (Mowery & Simcoe, 2002). 22
been on the narrow technical issues of internet regulation, but there are extensive other issues which can be incorporated into the governance debate. This broader governance mosaic is multi-layered, fragmented, complex and generally highly distributed (Dutton & Peltu, 2005, p. 5). Centrally three types of internet governance issues can be distinguished. 22
The first type of issues is internet centric, and focuses for example on the management of core internet resources, web standards, and the functionality of the internet in general. The second category is internet-user centric. These issues deal with what is legal and illegal behaviour on the internet and whether or how this behaviour should be regulated, for example cybercrime, fraud or malicious internet attacks. The third category of governance issues are non-internet centric. These issues originate on the intersection between local and international policy contexts, for example issues of censorship, political expression, intellectual property rights, trademarks or hate speech (Dutton & Peltu, 2005, p. 7). This broader vision of what internet governance should encompass only has one thing in common; a willingness to change the current governance architecture. This study therefor summarises this vision as the hands-on approach, being the opposite of the hands- off approach. This vision tries to open up by the internet governance debate and proposes a reconfiguration of the current status quo in internet architecture. It can be understood as an open-ended, collective process of searching which aims to fill a global regulatory void both conceptually and institutionally in a legitimate way (Hofmann, 2007, p. 2). Although the broad goal of this quest overlaps (namely changing the current status quo), this vision harbours a range of diverse stances towards internet governance issues (narrows versus broad) and governance arrangements (centralized versus decentralized). 1.1.3 Reformulating the IR perspective on internet governance The concept of internet governance picked up current in the academic literature, merely as a result of new academic collaborations and funding initiatives which were a spin-off of the WSIS and the IGF. 23 The programmatic debate on internet governance is thus closely intertwined with the academic literature, which makes it sometimes difficult to distinct 22 Some categorize the issues by empirical themes into different baskets; see (Kurbalija, 2010). Others map the different empirical issues on two axes. The Y-axe differentiates types of international governance tools ranging from soft to hard, and the X-axe differentiates the scope of international governance arrangements, ranging from narrow to broad (MacLean, 2004, p. 88). 23 In 2006 in conjunction with the first IGF the Global Internet Governance Academic Network (GigaNet) has been set up. This scholarly community tries to promote the development of internet governance as interdisciplinary field of study, stimulate dialogue and support different theoretical and applied research on internet governance issues (GigaNet, 2014). 23
theoretical discussions from programmatic aims. 24 Different authors quarrel over how to interpret the term internet governance (see for example (Drake, 2004) (MacLean, 2004) (Van Eeten & Mueller, 2012)). An important puzzling factor on how to use the term is the interdisciplinary nature of the concept internet governance. Computer scientists who focus on technical operationally for example take a different approach on the term than some IR scholars focussing on international power structures. This study operationalizes internet governance as an analytical device by building on the definition of a global governance architecture (Biermann, Pattberg, Van Asselt, & Zelli, 2009, p. 16). To comprehend this operationalization the place in the existing literate will be shortly outlined. The classical question often asked in the IR literature when it comes to internet governance issues is who controls the internet?. Some authors depart from a classic realist stance examining the role of the state in internet governance issues. This perspective claims state authority has not declined with the growth of new global networks like the internet. Instead these authors claim nation-states still, or have regained, autonomy over internet governance issues (Drezner, 2004) (Goldsmith & Wu, 2006) (Rundle, 2005). Other studies take a more diffuse point of departure. Rooted in the governance literature these studies focus on the changing role of the state in the governance order; a role that changes from top-down steering towards post-regulatory gardening (Christou & Simpson, 2009, pp. 601-602). The opposite vision to the realist stance can be found in what is usually labelled the governance literature. This branch of literature expands the focus on new centralised and formalised institutions which are not based on government but on governance. Departing from concepts like networked governance these studies try to grasp the working of new modes of steering in which institutions like the ICANN, WSIS and the IGF are involved. See for example (Klein, 2002) (Kleinwchter, 2004) (Malcolm, 2008) (Mueller & Schmidt, 2013) and (Wilson, 2005). Other base their studies on regime-theory analysing the process of formation of these new institutions by analysing certain governance regimes (Franda, 2001) (Mathiason, 2009) (Mueller, 2002) (Mueller, Mathiason, & Klein, 2007). 25
A third group of authors take up this lagoon in the literature by departing from a techno-governmentality perspective. This stance of literature is mainly concerned with the analysis of implicit power structures which are rooted in the internet governance architecture 24 A good example of more applied studies on internet governance which try to develop a coherent strategic vision for internet governance are the internet governance paper series, published by the think tank Centre for International Governance Innovation (CIGI, 2014). 25 These studies build on the work of Krasner who defines regimes as: [] a composed of sets of explicit or implicit principles, norms, rules, and decision-making procedures around which actor expectations converge in a given area of international relations and which may help to coordinate their behavior (Krasner, 1983, p. 275). 24
(Brown & Marsden, 2013) (DeNardis, 2009) (2012) (Elmer, 2010) (Galloway, 2004) (Shah, 2013). Technological structures are not perceived as neutral artefacts, but inextricably inhibit all kind of implicit political choices and preferences. These authors analyse the technical infrastructure underlying the working of the internet. By analysing for example how the technical protocols of the internet are designed, these authors expose the political preferences which are ingrained in the technical infrastructure of the internet. Internet governance in these studies is thus understood as a technological form of governmentality through code. The different approaches towards internet governance can be grasped in an eclectic approach which captures all different explicit and implicit notions of governance. First has to be noted this study perceives the binary between non-regulation versus regulation artificial and unhelpful, because for the internet to function some sort of steering or ordering inherently has to be present. 26 Whether these governance arrangements are loosely decentralized organised, steered from the top-down, or implicitly organised by a coalescence of actors cannot be determined a-priori. Internet governance arrangements are complex and often a mix of different arrangements and therefor better captured by a broader definition. To capture all different forms of steering into one approach this study uses the term global governance architecture, which can be defined as an:
[] overarching system of public and private institutions that are valid or active in a given issue area of world politics. This system compromises organizations, regimes, and other forms of principles, norms, regulations, and decision-making procedures (Biermann, Pattberg, Van Asselt, & Zelli, 2009, p. 15).
A global governance architecture is located between two concepts of governance often used in IR literature; namely regimes and orders. First of all the concept is broader than regimes capturing more than distinct institutional elements, by including the larger governance architecture. On the other hand the concept is narrower than the notion of order which focuses the entire organisation of the entire system of international relations (Biermann, Pattberg, Van Asselt, & Zelli, 2009, p. 16). A global governance architecture is more than single regimes but does not reach beyond the global order. A second advantage of using global governance architecture is the possibility to analyse conflict over different norms, principles, responsibilities and capabilities inside 26 Evidently this does not entail a normative statement on the preferability of a certain governance arrangement. 25
distinct governance architecture. This is exactly what this study aims to do, namely analysing a securitization process in the global internet governance architecture. A third advantage of the concept is its more nuanced character. 27 The concept of international order often implies an optimistic bias regarding the coherence and international coordination of the international system (Biermann, Pattberg, Van Asselt, & Zelli, 2009, p. 16). While architecture accounts for the whole order which includes non-intended or adverse effects as well. From now on this study will use the term internet governance as global governance architecture. It signifies this study reformulated internet governance to use it as an analytical device in order to escape from the strict programmatic vision connected with the term. 28
Conceptualising internet governance as a broad architecture on the contrary helps to understand the clash of different governance approaches within this governance architecture, namely the hands-off versus the open-up approach. This study tries to illuminate how these contradicting governance approaches are conflicting with each other. This is done specifically by analysing the WCIT-12 conference in which a hands-off approach internet governance approach dominated the negotiations. To understand how this approach stonewalled the conference securitization theory is used in this study. 1.2 Conceptualizing securitization theory At the end of the Cold War new conceptions of security beyond the traditional political- military outlook mushroomed in the security literature. 29 The securitization theory used in this study is an offshoot of this widening-deepening debate in security studies. 30 A circle of European scholars widely labelled as the Copenhagen School (CS) coined the idea of securitization in the 1990s. 31 The core theorists of the CS are Barry Buzan and Ole Wver 27 Albeit a more nuanced conceptualisation of internet governance is a trade-off between adding more complexity and running the risk of disorder or being more inclusive which helps to be nuanced. Because this study deals with internet governance as a controversial phenomenon, nuance is considered more important than conceptual rigidity. Therefor interne governance is conceptualised as a governance architecture. 28 E.g. internet governance is more than what happens at the IGF, it is about the complete global governance architecture. 29 The field of security studies is notably influenced by the end of the Cold War. During the Cold War security studies were set in a nation state framework oriented towards problem-solving theories and strategic thinking. The concept of security was woolly, commonly underdeveloped and unproblematized (Buzan B. , 1983, pp. 1- 9). The end of the Cold War saw an influx of new approaches to security in which the conception of security was broadened and widened (Buzan & Hansen, 2009, p. 13). 30 For a comprehensive overview of the widening and deepening debate in security studies see the work of Buzan & Hansen (2009). 31 Two works by CS theorists Buzan and Wver are acclaimed to be the founding texts of securitization theory. First the article of Wver (1995) Securitization and desecuritization and second the book by Buzan, Wver & De Wilde (1998) Security a New Framework for Analysis. 26
bounded to the Copenhagen Peace Research Institute (COPRI) (Wver, 1995) (Buzan, Wver, & De Wilde, 1998) (Buzan & Wver, 2003) (Buzan & Wver, 2009). 1.2.1 Securitization in three steps A securitization process consists of three main components or steps. First there is a speech act or specific rhetorical structure in which an actor presents an issue as an existential threat. The focus is on explicit expression of speech which present an issue as a matter of survival upon we must act or otherwise it will be too late. The second step is lifting the issue above politics by claiming the issue needs a treatment by extraordinary means. The securitizing actor claims the right to secure and defend the issue at stake and therefor it is legitimized for the securitizing actor to break the normal rules of the political game. But a securitization move is only successful when the audience accepts it as such. This third step focused on the intersubjective social constitution of a security issue. The CS emphasizes acceptance by an audience does not mean forms of coercion or dominance are ruled out, rather securitization is only successful when emergency measures taken would not be legitimized or accepted when not being securitized. So if there are signs of a securitization process but a securitizing actor fails to convince an audience an issue is an existential threat it becomes an unsuccessful securitization move (Buzan, Wver, & De Wilde, 1998, pp. 23-26). Out of this conceptualization of the securitization theory the CS defines the following research agenda;
Based on a clear idea of the nature of security, securitization studies aims to gain an increasingly precise understanding of who securitizes, on what issues (threats), for whom (referent objects), why, with what results, and, not least, under what conditions (.i.e., what explains when securitization is successful) (Buzan, Wver, & De Wilde, 1998, p. 32).
Securitization theory therefor fits in the discursive, socially constituted and intersubjective realm. Security rests neither on the object of security or the subjects but among the subjects. But the CS does not descend into a phenomenological approach towards linguistics. A speech act according to the CS is not rendered to be about linguistics alone; it is situated in a context. This makes the internal features of a speech act (e.g. the quality of the rhetoric structure) are not completely determining a successful acceptance, it is the social magic some speech acts draw on some base of authority and get accepted while others would not (Buzan, Wver, & De Wilde, 1998, p. 46). 27
The understanding of a speech act by the CS draws heavily on the work of J ohn Austin (1962). Other influential theorists of the CS theorists are Carl Schmidt (2007), Pierre Bourdieu (1991), J acques Derrida (1982) (1988) and J udith Butler (1996) (1997). Without elaborating too much in the legacy of these theorists, for a good understanding of the CS towards what a speech act is and more importantly how a speech act operates, key aspects of a speech act will be examined more thoroughly. 32
A speech act consists of an utterance (or sentence) which can be constative (simply describing something) and or performative (doing something) (Austin, 1962, pp. 3-6). A performative utterance performs or does something instead of simply describing or reporting something. For example when saying I do before an alter or registrar one is not simply reporting on a marriage but actually indulging in it (idem. pp. 6). Other examples of performative utterances are naming a ship, declaring a war or betting money. The action of such an utterance comes forward in or by saying it. It is useful to analyse the performative power of a speech because it goes beyond the question whether a statement is true or false. In analysing what a speech act does one prevents burning ones fingers on interpreting the truth condition of a speech act (as this is always contestable). According to Austin a performative speech act can contain three elements; the locutionary, illocutionary and perlocutionary act. The locutionary is the actual meaning in the sense of the verbal, syntactic and semantic meaning. The illocutionary act is the act performed in saying it (e.g. I declare war). The power in the performative act is thus self- referential; in saying it something is done. The perlocutionary act is performing the act by saying it (for example please open the window). This kind of performatives are mere relational and build on persuasion. Something is done by saying it were the hearer performs the action (Austin, 1962, p. 108). The CS takes no notice of the terminology of different elements in a speech act as defined by Austin and mainly focuses on the illocutionary speech act, while elements of the locutionary speech act are used to formulate the facilitating condition for a securitization move to succeed (Buzan, Wver, & De Wilde, 1998, p. 32). The central element in securitization theory is to analyse how an illocutionary speech act transforms an issues into a security issues. The main focus of analysis is therefor on the performative power of a speech act. In line with Austin the CS distinguishes the meaning and the force of a speech act (Austin, 1962, p. 100). The meaning of a sentence is referential or 32 Much of the misinterpretation and misunderstanding (as well as misuse) of securitization theory can be ascribed to the often ill-defined and ill-explained theoretical roots of the CS. For example most of the information on the theoretical use of a speech act is hidden in a footnote in the most prominent book on securitization theory (Buzan, Wver, & De Wilde, 1998, pp. 46-47). 28
situated and therefore not universal, while the performative power of a sentence or what it does is more univocal and therefore a useful point of reference. 1.2.2 Facilitating factors in securitization theory In a speech act there is a performativity force but the magic happens in the intersubjective interpretation of the speech act or in the extra-linguistic domain (Butler, 1996, p. 124). Anybody can shout in the public square, "I decree a general mobilization,'' and as it cannot be an act because the requisite authority is lacking, such an utterance is no more than words; it reduces itself to futile clamour, childishness, or lunacy (Bourdieu, 1991, p. 74). To include this aspect of the role of the social order in securitization theory the CS introduces facilitating conditions which are made up of three elements. The first element focuses on feasibleness of the internal aspect of a security argument. Security threats are always about the future, they are hypothetical and counterfactual. A security argument consists of an observation of the threat and a proposed security action. This makes a security argument to be interpreted as a matter of degree on how threatening an issue is. And a qualitative question whether labelling something as a security issue and take the proposed course of action is the attainable way to deal with the threat (Buzan, Wver, & De Wilde, 1998, pp. 32-33). The second facilitating factor regards the position of authority for the securitizing actor. This factor examines the relationship between different actors including formal position and resources. 33 The third element is whether the alleged threat is held to be threatening in general. This external factor of a security argument can either facilitate or impede securitization (ibid. p. 33). When for example a certain issue is not considered to be a threat in a certain discourse, the chances are slim this issue can be securitized. In general securitization theory studies the social and intersubjective process of securitization. For a good understanding of a securitization process both the utterances of speech act as the facilitating conditions which make them possible need to be taken into account. 1.2.3 Refining speech act theory When considering securitization an intersubjective process between a securitizing actor and an audience it seems the acceptance of a securitization move is an essential element in a 33 While the conception of security draws from a state-centric conception, the focus is in whose name the security operation is conducted. Asking in whose name a securitization operation is conducted is a fundamental different question than asking for whom security is provided. The first focuses solely on the process of securitization as a practice, while the latter suggests we can determine objectively for whom security is provided. The referent object in securitization theory is simply in whose name a securitization move is made (Wver, 1996, p. 107). 29
successful securitization strategy. Indeed securitization theory takes into account the capabilities of the securitizing actor like position and power resources. But this is not considered to work as a mechanism of persuading power targeted at an audience. The reason that the role of the audience in securitization theory is ill-defined stems from the one-sided focus by the CS on the illocutionary speech act, resulting in an insufficiently theorised role of the audience in securitization theory (Taureck, 2006, p. 19). Including the perlocutionary speech acts in this study gives the ability to study both forms of a speech act are part of a securitization process. Especially in an empirical field with multiple actors possessing different power positions and resources it is more likely no single actor can individual push for securitization. Securitization in this study therefor can be better staged as a collaboration between different actors in which different forms of speech acts can play an important role. An interesting contribution of this study is the focus on the interplay between these different types of speech acts. Including different types of speech acts gives a new perspective of a multi-phased view of speech act theory, in which different speech acts complement or reinforce each other in a mere organic process. Thierry Balzacq proposes a complete recast of the speech act model in order to integrate the perlocutionary form of a speech act into securitization theory (Balzacq, 2005, p. 173). This endorsement to completely reformulate securitization theory stems from two different views on securitization theory. The original CS idea of illocutionary speech acts that possessing their own performative power is often labelled the internalist view. The so-called externalists or sociological view adhered by Balzacq and Stritzel argue securitization is about perlocutionary speech acts in which securitization takes place in a intersubjective process (see Figure 3) (Roe, 2012, p. 254). But to include both types of speech acts doesnt necessarily entail a hard either-or choice. The original framework can be preserved while integrating the perlocutionary speech act. This incremental path prevents throwing out the baby with the bathwater.
30
Figure 3: Schematic reflection of a successful securitization process in which an illocutionary and a perlocutionary speech act are used.
To include the perlocutionary speech act the role of the audience in securitization theory becomes more relevant, because a perlocutionary act is all about persuasion. Balzacq describes it as a discursive technique to induce or increase the public minds to swing the audiences support toward a policy or course of action (Balzacq, 2005, pp. 172-173). But who has to be convinced in a securitization process or what is the audience? This question cannot be answered beforehand because the audience varies according to the political system or Successful Securitization
Illocutionary Speech act Referent object Securitizing move (Self-referential) Constraint by facilitating conditions Securitizing actor Securitizing actor Audience accepts securitization
nature of the issue (Taureck, 2006, p. 20). It can be the general public, a particular constituency or even small political elite. More specific securitization takes place within embedded power relations. Certain actors hold privileges to initiate a securitization process but face limitations when an audience doesnt accept such a securitization move (Watson, 2012, p. 286). Or more specifically securitization theorists accepts that speakers and audiences exist in sedimented social and political structures that put actors in positions of power to influence the process (idem). This formulation alleviates more clearly the political agency in a speech act theory. Studying securitization thus also highlights the different power position in a field. How to include this duo-directional intersubjective relationship in the original securitization framework which does not focus so much on the meaning of a speech act but on what it does? In fact both an illocutionary and a perlocutionary speech act can be studied using the same theoretical framework as defined by the CS. Because the ontological status or exact meaning of a perlocutionary speech act doesnt have to be known in order to study what it does. More specifically the success of a securitizing move drawing on a perlocutionary speech act can be studied without knowing the exact meaning of a specific speech act. Because the outcome of a successful securitizing move tells us which socially constructed meaning has prevailed in an intersubjective interplay. For example after a successful securitization move the perceived threat to a referent object as understood by the securitizing actor and the audience can be approximately be known, because both parties have to draw on the same conception of a threat in order for a securitization move to be successful. 34
J uha Vuori (2008) proposes to explicate the conceptualization of speech act into elementary speech act types which serve to capture different illocutionary points or perlocutionary aims of a speech act. Capturing these different actions of a speech act can broaden the understanding of what a speech act does. Of course as outlined before this study does not seek to capture the exact meaning of a speech act. But studying the securitization process in hindsight gives us an indication which meaning is intersubjectively constructed in a securitization process. Moreover Vuoris framework gives the ability to structurally examine the internal feasibleness of a speech act as the first facilitating condition of 34 Clearly a securitization process drawing on a perlocutionary speech act diverts from an illocutionary speech act in the sense that it is not self-referential. A perlocutionary speech act works on the basis of persuasion, it does not do something by itself. But examining in hindsight the same framework by the CS can be used to study what this kind of perlocutionary speech act has done. In this sense not the exact meaning used in a perlocutionary has to be known in order to study what it has done. At the same time it gives the possibility to include the relevance of the intersubjective meaning construction in a securitization process. 32
securitization theory. This is outlined in more detail in the method section of this study (see 2.2.1).
1.3 Reflection on the usage of securitization theory An important source of critique on securitization theory stems from its complex ontological and epistemological articulations. Securitization theory has to be understood as a balancing act between the edges of realism and post-structuralism (Taureck, 2006, p. 26), or as Weaver puts it securitization theory is a post-structural reading of realism (Wver, 1989, p. 38). Others label the CS more simply as a moderate form of constructivism or mix and match approach between two extremes (Taureck, 2006, p. 26). Because of this duality in starting points securitization theory is often mislabelled and criticised for its contradictory theoretical foundations. 35 This study will use securitization theory based on its original starting point. For the sake of clarity and in order to prevent misconceptions in this study, it is therefore vital to examine the theoretical foundations of securitization theory in more detail. This section will examine how securitization theory departs from a neorealist conception of security to use it in a post-structural understanding. Securitization first of all has to be understood as a broad conceptual move proclaiming to understand security as a social practice, but where does there conceptualisation of securitization originate from? The CS departs from the neorealist Waltzian idea of security being an interaction between three different levels of the individual, state and the international system (Waltz, 1954). 36 The CS justifies this starting point by claiming security in the field of IR has an historical connotation of states which threaten each other and challenge each other sovereignty in a zero-sum game. Because security is relative and it is not possible to develop a generic conception of security the CS at first accepts the military-political conception of security which is about state survival and power politics, simply because their agenda of security studies is rooted in international security (Buzan, Wver, & De Wilde, 1998, p. 21). Security in other words has to be read through the lens of 35 In the 1990s the theory of securitization chiefly gained momentum in the literature of security studies. The CS received a wave of criticism both on its conceptual formulations and general feasibleness of its theoretical framework. This seems also to be the result of naturalisation of the term in the policy field and the academic discourse. 36 The book People States, and Fear by Barry Buzan (1983) weights as the basis of the CS. While Buzan lacks to give a clear definition of security he widens the security debate by exploring the contradictions of security between different levels of analysis (individual, state, international system). He concludes security is relative and can only be studied in a holistic manner by exploring the interaction between the different levels (p. 247). 33
the nation sate, because the very meaning of the concept is marked by it (Wver, 1995, p. 49) (Wver, 1996, p. 104). Why does the Copenhagen School take this traditional military-political outlook as an intellectual starting point in their conception of security? It stems from a more pragmatic and empirical argument that the state functions as a sort of gatekeeper or sovereign when it comes to security issues (Williams, 2003, p. 516). 37 Especially in international relations the state possesses juridical self-control and self-limitation which are immune to legal challenges and gives the state the ability to impose executive power (Buzan & Wver, 2003, p. 46). This gives the state the ability to designate an existential threat which legitimizes the use of force or mobilisation of special powers to ward off a threat, and inherently creates an inside/ outside or friend/ enemy dichotomy. In sum the starting point of the CS towards security fits in a more traditional conception of security which is about the state of exception. Different scholars critique this conceptual focus on exceptionalism by the CS and the linguistic turn of securitization theory in general. It is not the exceptional but more day-to- day practices in which securitization takes place authors like Bigo (2002) (2008), Huysmans (2006) (2011) McDonald (2008) and Salter (2008) suggests. For these scholars security is rooted in more banal routinized practices rather than specific exceptional speech act events (McDonald, 2008, p. 570). Drawing on Bourdieus habitus or Foucaults dispositif these authors take a strong post-structural position towards securitization which pushes the securitization research agenda into new interesting directions. 38 However this does not imply this new research agenda is mutually exclusive with the original one by the CS. 39 Actually both research agendas overlap to some extent. While securitization is rooted in a more state central focus on the exceptional, post-structural elements are already incorporated in the original formulation of securitization theory. The CS conception of security is nation-state related but they use is to examine a practice of security (Wver, 1995, p. 55). The conception of security thus refers to the nation 37 The CS view on state power stems from the 20 th century legal theorist Carl Schmitt. In Schmitts political thinking the state could not be regulated by law alone (jus ad bellum) because laws are human made and fall short when it comes to interpretation, besides law can never grasp every eventuality (Schmitt, 2007, pp. 50-51). Therefor in Schmittian thinking the political will always be relevant because it goes above and beyond law. In this context security is about survival. Security is presented as an issue which poses an existential threat to a designated referent object (which is the state in this case). See also the work of Taureck and Williams on the relation between Schmitt and the CS (Taureck, 2006, pp. 13-17) (Williams, 2003). 38 In the securitization literature the CS approach is often referred to as the philosophical approach. Approaches that take a new direction talking about securitization primarily in terms of context, practices and power relations are often referred to as the sociological approaches (Balzacq, 2011, pp. 1-2). 39 Studying securitization as a day-to-day practice does not rule out securitization could also exist as an exceptional phenomenon and vice versa. 34
state, but the meaning of the concept is in its usage (Wver, 1996, p. 106). By this move the CS incorporates traditional position on security with mere post-structuralist conceptions of security. The CS argues it is not the state as a referent object that designated the security agenda but the logic of security itself that differentiates security from what is merely political. Essentially the CS focuses on threats to referent object and the securitization of those threats, that are non-military as well as military (Buzan, Wver, & De Wilde, 1998, p. 4). This means securitization theory does not limit itself to a state-centric level of analysis as the following fragment illustrates:
There is no necessity for levels to privilege states the unit level can encompass much more than states. Since in this project we are trying to open up a greater diversity of security units, and since one can argue that by necessity any unit has an inside and an outside [] (Buzan, Wver, & De Wilde, 1998, p. 7).
The Copenhagen School thus defines security in relation to normal politics. Security is framed as the exception. When an issue becomes a security issue it becomes a special kind of politics that goes beyond or above politics. When an issue is designated an existential threat is becomes a question of survival requiring emergency measures and justifying action outside the normal bounds of political procedure (Buzan, Wver, & De Wilde, 1998, p. 24). By doing this a securitizing actor can claim a special right to use whatever means to block the pending threat (Wver, 1995, p. 55). Intrinsically the CS does not analyse the ontological existence of an existential threat, rather is analyses how an issue is presented as an existential threat. Security is thus a self-referential practice, because it is in this practice that the issue becomes a security issue 40 (Buzan, Wver, & De Wilde, 1998, p. 24). The general logic of securitization therefor focuses on how discursive practices transform an issue into a security issue. The focus on how an issue becomes securitized informs us the CS also takes a deepening perspective in the security studies. According to the CS it is not helpful to try to define real security because it is mostly a matter of political perspectives (ibid., p. 31). Securitization is therefore understood as intersubjectively socially constructed. The securitization perspective suggests there is a choice in treating an issue as a security issue. (Wver, 1996, p. 107). The referent object is securitized in an intersubjective social process 40 Emphasizes added. 35
where an issue is defined as an existential threat. Consequently to understand how security is socially constituted we have to turn to the process of securitization. Securitization theory takes a kind of middle position in the agency-structure debate. On the one hand facilitating factors are reckoned to determine the success of a securitization move, on the other hand actors still have agency to perform a securitization move if they manage to perform a speech act which is intersubjectively accepted to be a security issue. As the CS concludes; The field is structured or biased, but no one conclusively holds the power of securitization (Buzan, Wver, & De Wilde, 1998, p. 31). Moreover this middle ground position gives way to incorporate the benefits from different scientific positions into one approach. Or as the CS argues on the choice between different scientific positions why does this choice have to be a hard either/or? (Buzan & Wver, 1997, p. 242). 1.3.1 Securitization theory and the handling of identities The middle position of the CS towards security designates from their aim to widen the concept of security beyond the traditional state-centric focus without diluting a more traditional military-political conception of security (Pram Gad & Lund Petersen, 2011, p. 322). In essence the CS encompasses anything or anyone can be counted as a referent object which is in need for security in order to survive (Buzan & Wver, 2009, p. 253). Though it has to be noted the CS does not favour an all-the-way down ontology towards the individual level. Instead the CS favours a focus on collectivities, because in practice security action is usually taken on behalf of; or with reference to a collectivity (Buzan & Wver, 2009, p. 255). By reason of individuals or small groups seldom establish successful security claims due to a lack of successful facilitating conditions like authority and power resources (Idem.). But the feasibleness of this focus on group identities is not shared by everyone as McSweeney, an acclaimed critic of the CS, argues. According to McSweeney (1996) (1999) the CS takes a slippery path in securitization theory. His critique namely focusses on how the CS handles the securitization of identities. McSweeney takes the position identities have to be treated as a social construction. Collective identities are not waiting out there to be discovered; they are constructed, negotiated and affirmed in an intersubjective process (McSweeney, 1996, p. 90). According to McSweeney the CS wrongfully treat collective identities as social facts (McSweeney, 1996, p. 90). In reply the CS actually agrees on this point with McSweeney, the only difference is they draw a different conclusion (Buzan & Wver, 1997, p. 244). 36
As McSweeney puts it identities are permanently mutable and unstable which make it unable to objectively analyse these identities, instead identities have to be deconstructed in order to analyse the process of identity formation (McSweeney, 1999, pp. 73, 78). The CS refuses to take this poststructuralist position, arguing while identities are socially constructed they are often solidly sedimented (Buzan & Wver, 1997, p. 244). This does not imply identities do not change but they do not change all the time, which make them a legitimate reference for analysis (Buzan & Wver, 1997, p. 243). Identities are thus more or less considered a given focus of analysis. A collective identity like the French or the Haitians for example can possess social power in itself. This marks the sum of individuals is argued to be more than just an aggregation of individual parts. By this move the CS demerits calls for methodological individualism (Buzan & Wver, 1997, p. 245). In the discussion with McSweeney it becomes clear the Copenhagen School takes a partial Wendtian outlook in perceiving social identities as observable. According to Alexander Wendt (1999), by many the proclaimed father of constructivism in IR, ideas constitute the material world around us. If we think of ideas all the way down it becomes impossible to know for sure whether something exists without us observing it. This could compromise the whole scientific endeavour to make sense of the social world around us if all can be simply reduced to intersubjective interpretations as post-positivists would proclaim. Wendt refuses to go this far. He sticks to a mere positivist epistemology while recognising ideas constitute the social world around us (Wendt, 1999, pp. 38-39). The CS even takes a milder stance towards social constructions than Wendt by recognising social facts as sedimented and observable. In short security is considered an intersubjectively socially constructed idea (anti- essentialist ontology); while at the same time it is possible to study securitization through examining what speech act do (constructivist epistemology). In addition the CS also takes into account material factors or brute facts which prescribe the power position and authority of a securitizing actor. Although this position is unconventional it is not necessarily uncomfortable or problematic as Thierry Balzacq suggests (Balzacq, 2010, pp. 59, 68). Building on the work of J ohn Searle scholars like Balzacq (2005) (2010) and Stritzel (2007) (2011) proclaim to take a more interpretive approach towards securitization in order to understand the meaning of a security utterance. This would imply a post-positivist epistemology, why is this path rejected by the CS? A speech act is nothing in itself but comes into force in its intersubjective interplay of social and facilitating conditions. But there are limits in our ability to understand the exact 37
meaning of a performative utterance itself. Drawing on the work of Derrida and Butler the CS claims; the meaning of security is what it does (Wver, 2004, p. 56). So we are unable to understand the exact meaning of security, we can only understand how this meaning is sociology constructed. This is because the context of how we interpreted a performative utterance is never given but always in flux (Derrida, 1982, pp. 321-327). Or it is impossible to understand the meaning of a security issue by the fact that every context subjects a diffusion of meanings. So while security cannot be understood by its substance, security has to be understood by its performance or what is does. But focusing solely on what a speech act does makes it thoroughly interesting; exactly because it holds the insurrecting potential to break the ordinary, to establish meaning that is not already within the context it reworks or produces a context by the performative success of the act (Buzan, Wver, & De Wilde, 1998, p. 46). Social conditions thus to some extent structure the success of a speech act but they can never a priori determine how successful a speech act will be. An act that previously succeeded may fail a second time with all formal positions and resources in the same place. Therefore securitization theory can only examine in hindsight whether a securitization move has been successful (ibid. p. 47). This original position of the CS which rejects the ability to interpret the meaning of a speech act is preserved but softened in this study. The reason the original position by the CS is preserved while calls to adhere to an interpretive stance towards a speech act utterance are ignored, stems from the research question in this study which seeks to understand an empirical phenomenon. Still as outlined earlier in this study the action or intersubjectively given meaning to a speech act will be studied. As the original framework of the CS allows us to learn in hindsight how a certain meaning is constructed in a securitization process. In this sense the focus remains on the outcome of a securitization process or what it does while taking into account the intersubjectively constructed meaning of a speech act. 1.3.2 Discharging desecuritization as normative aim An aspect of securitization theory is its specific normative agenda. Securitization is not regarded as an unambiguously positive value. The CS argues in most cases securitization is something to be avoided. In a normal political process there is choice, responsibility and accountability. A securitization process sets these elements aside; it silences opposition and gives power holder many opportunities to exploit a threat (Buzan, Wver, & De Wilde, 1998, p. 29). Therefor the CS claims securitization in most cases has to be avoided, because it is a perceived a failure if an issue cannot be dealt with in the normal political realm. While the CS 38
acknowledges in some cases securitization is unavoidable (e.g. when faced with a barbarian aggressor), in most cases a desecuritization strategy is the optimal long-range aspiration (ibid.). 41 Moreover securitization is a political choice; it is no innocent reflection of an issue being a security threat. The normative element in securitization theory is disputable. The CS renders whether something is a security threat is not pre-given but merely a choice. In this line of thought we will never be able to judge how threatening an issue really is, so on what basis can we claim a securitization process is fundamentally wrong? By labelling securitization prima facie as fundamentally undesirable, securitization theory runs risk to acquire schizophrenic characteristics. Normative claims are made on a process which at the same time is rendered to be impossible to normatively judge because of its lacking ontological status. To be more precise, claiming for example securitization is legit in case of an aggressor is meaningless, when claiming simultaneously we cannot know whether we are dealing with an aggressor or a non-belligerent Therefor it is futile to say securitization is mostly better to avoid when we are not able to know whether a threat is real. As Ken Booth argues; preferring ordinary politics above exceptional politics might be problematic if an issue asks for extraordinary circumstances (Booth, 2007, p. 168). Post-modernist researcher rooted in critical security studies take a different more radical position. The focus of securitization theory should be more emancipatory in an ethical agenda of opening up and freeing (Taureck, 2006, p. 25). Lene Hansen touches a sore spot of securitization theory when mentioning the silent security dilemma or exclusion of gender in securitization theory (Hansen, 2000, pp. 286-287). This has to be reckoned as valid critique but the aim of this study is not to challenge emancipatory problems. First because it is difficult to formulate a normative position in an international field with contesting truth claims. Second because the aim of this study is not programmatic but merely contemplative. By recognising this study is conducted in a particular discourse with all kind of im- and explicit power relations others can decide on the basis of the outcome of this study to make normative claims. 42 In this sense there might be a more implicit or light emancipatory aim in this study which seeks to analyse and understand a process for others to judge whether this is 41 While claiming security is a conservative mechanism and an agenda of minimizing security and maximizing politics is promoted, the CS seems to lack a clear perspective for academics on how to engage in a desecuritization process (Wver, 1995, pp. 55-57). 42 Rita Floyd developed a comprehensive framework for analysing securitization practices from a normative standpoint (Floyd, 2011). 39
a favourable development. Yet, because it is very contestable to judge whether an issue is securitized legitimately, the ambition to desecuritize is left out in this study. Contrary to using desecuritization as aim for the theory is can be used as a helpful part of securitization theory. In the same sense the working of securitization can be analysed attempts to desecuritize an issues can be analysed by the same framework. This broader perspective helps to understand a process of securitization in which other actors might attempt to debunk a securitization move by claiming there is no pending threat to a certain referent object. 1.3.3 Setting out the research objective By abandoning the normative element in securitization theory for what reason is securitization theory used in this study? Examining a securitization case is always idiosyncratic. Due to the fact that the success of a securitization process depends on endogenous facilitating conditions which are always context depended. Therefor the theory can never work as a universal law which can explain social behaviour. But using securitization is neither a form of empiricism which simply describes the things in this world ad infinitum without ever being able to explain what is described (Neal, 2013, p. 43). Securitization theory in this study is used as a spotlight, purely to illuminate a relationship that might otherwise go unnoticed or be misunderstood (Maxwell, 2005, p. 43). Stefano Guzzini argues securitization theory can best be seen as a causal mechanism. Securitization theory is not a positivist understanding of explanation but a form of causality in terms of efficient regularities (Guzzini, 2011, p. 333). He builds on a definition by J on Elster who repudiates a mechanism as a covering law model or simple correlation. Instead Elster defines a mechanism as; frequently occurring and easily recognizable causal patterns that are triggered under generally unknown conditions or with indeterminate consequences (Elster, 1998, p. 45). So a mechanism is not intended to uncover or explain general social laws, but meant to understand ex-post why something happened under specific circumstances. Securitization in this sense can be understood as a causal pattern which is triggered by something else or itself triggers certain effects (Guzzini, 2011, p. 337). This study is driven by an empirical question which searches to explain a single event (the securitization of the hands-off internet governance approach at WCIT-12). Therefor the focus lies on understanding the triggering moment by different intersubjective and material factors. In this regard securitization theory 40
is not simply used a deductive device but merely as a heuristic device applied to an observation in order to make sense of it (Guzzini, 2011, p. 337). To be more explicit securitization theory in this study is merely used as an instrument, framework or device in order to better the understanding of an empirical phenomenon. 43 This drive for understanding or verstehen is an effort to create a thinking space on an empirical phenomenon. This study aims to provide the reader an opportunity to (normatively) reflect on these findings. This study is scientific in its approach towards understanding this empirical case. Furthermore this study aims to prosper the application of securitization theory in IR literature.
43 To speak with Cox terms, securitization theory is not employed as a problem-solving theory aimed as programmatic device to fix an empirical problem. Nor securitization is employed as a critical theory to question a prevailing social order (Cox, 1981, pp. 128-129). 41
Chapter 2: Research design This study is set in a case study research design or more specific a single-case or N=1 analysis, namely the securitization process of the hands-off internet governance approach at WCIT-12. To understand why it is relevant to study this single case the research design in this study will be highlighted in the next section. Subsequently the choice of using a form of discourse analysis is postulated by building on the work of Vuori (2008). Finally this section informs the reader explicitly on the data collection method used in this study. 2.1 Case study research design Choosing a single-case research design carries implications for this study which will be outlined in more detail. As a single-case design conditions or guides a research process inheriting a distinct rationale. But first a definition is needed of what a case-study design entails: A case study is an empirical inquiry that investigates a contemporary phenomenon within its real-life context, especially when, the boundaries between phenomenon and context are not clearly evident (Yin, 2008, p. 13). This definition indicates a case-study research design is foremost interested in exploring an empirical phenomenon. Or as Gerring notes; the product of a good case study is insight (Gerring, 2007, p. 7). Notably these goals of a case study design fits with the research question this study aims to answer. A single-case study design is particular suitable in this study because it aims to improve our understanding of a particular case. A single-case study works as a within-case observations reflecting patterns of interaction, organizational practices, social relations, routines, actions, and so on (Mills, Eurepos, & Wiebe, 2010, p. 110). But there are some caveats in choosing a case study design. Some argue case-study designs are permeated with inferential felonies as the design fails to generalise findings, harbours a selection bias and faces internal validly and non-replicability problems (Gerring, 2007, p. 6). Evidently these issues need consideration before using a case-study design. The typical or unique case design doesnt fit in these deductive/ inductive theoretical driven traditions. Rather the intrinsic value of the case itself is the primary reason for scrutiny. 44 The logic of a typical case design is to be informative about the processes analyzed (Balzacq, 2011, p. 34). Or the uniqueness of the case itself makes it interesting to understand the particular case. As outlined earlier this study might still generate findings or 44 A single case-study design can be distinguished by three typologies: the typical case, the critical case and the exploratory case (Balzacq, 2011, p. 34). Where critical case designs aim to test a theory, exploratory case designs are used to build a theory. These designs fit in a more conventional scientific strategy of theory testing and building. 42
stimulate ideas which can be generalised to other cases but this is not the general aim of study. The key-question remains why study this specific case, what is so unique about the case to legitimize this choice? The first legitimation for studying securitization in the case of WCIT-12 is the unique outcome. Instead of reaching consensus the negotiations lead to a split in member states in favour and opposed to the new ITRs treaty. Studying this case increasing the understanding on how internet governance issues are managed. Second the case carries a social importance (or ecological validity). The internet as infrastructure is used daily by million people around the world. 45 How this infrastructure is managed and operated is thus of importance for millions of people their daily lives. Even people who dont use the internet or cant access it are affected by how the infrastructure is managed, because how the infrastructure is managed dictates who can access it. For social reasons it is therefore important to improve our general understanding on how the internet is managed. A shortcoming of a single-case design is the omnipresent selection-bias of the researcher. Some authors argue the position of a researcher using securitization theory is specifically controversial. Because the analyst is never neutral but rather co-constitutes reality as it is (re)produced in a study (Villumsen Berling, 2011, p. 386). This means securitization becomes securitization because the researcher perceives it as such. This is not the place to ignite a philosophic debate on the position of the analyst in social scientific research. But an indispensable aspect of social scientific research is its connection with the surrounding social world. Social science in short is deemed less autonomous than natural science. This means all social scientific research is a matter of esse est percipi. 46 But this does not imply social scientific research is slippery by definition, that would be a rather defeatist stance (Taureck, 2006b, p. 4). Keeping Bourdieusian reflexivity in mind this study is as explicit and exhaustive as possible on its method of working. By this existing bias of the researcher is reducible or accounted for. 47 Moreover leaving normative aims out of this research helps to take a more objectivist stance. 45 There are more than 2.4 billion registered internet users, which accounts for one third of the world population with the highest penetration of internet users in North America and Europe (Internet World Stats, 2012). 46 Latin for to be is to be perceived 47 To whom it may concern my personal interest in the internet governance debate stems from a curiosity to understand how the internet functions. The way the internet is organised is a unique and interesting phenomenon. It is interesting to observe how these governance arrangements are put under increased pressure in the internet governance debate. Important decisions are currently made which will have a profound effect on the future architecture of the internet. In my opinion it is essential to have a good understanding of his process in order to create an informed opinion on this process. 43
The last concern of a single-case design is its low internal validly and difficult to replicate nature. To prevent this empirical enquire becoming tentative and partial this study is setup in a scholarly fashion. By delineating clearly articulating all the research steps taken in this study including the motivation for these choices, the reader can agree or disagree on certain assumptions, definitions or research methods etc. This way the internal validity of this study can be intersubjectively determined by the reader. The other advantage of this explicit and detailed delineation of the research process is the possibility to replicate this study if in doubt. Acquainted by the research process, anyone can replicate the results of the study using the public available sources it is based on. 2.1.1 Level of analysis A single-case study uses a more holistic approach to generate an in-depth understanding of an empirical case but this can be done at different levels of analysis (for example the micro/meso or macro level). The primary level of analysis in this study is at the meta-level, namely the global governance architecture of the internet at WCIT-12. But this starting point does not imply it is impossible to zoom-in into other levels of analysis. Analysing the securitization process in the internet governance architecture will dictate the level of analysis used in this study. This approach is a useful refinement of the original conceptualisation of securitization theory which focuses primarily on sectors. 48
Another advantage of taking the global governance architecture as level of analysis is to illustrate this approach can help to refine securitization theory. Different academics have debated the ability of securitization theory to travel across non-democratic and non-liberal political orders (Bilgin, 2011) (Touzari Greenwood & Wver, 2013) (Vuori, 2008) (Wilkinson, 2007). This study adds to this debate a new perspective, namely whether securitization is applicable in a governance architecture which inhibit a coalescence of different actors. This viewpoint helps to broaden the framework of securitization theory beyond fixed political orders. 48 In the original formulation of securitization theory the CS takes a sectorial approach. While securitization theory suggests it can be applied at any level, distinctive patterns can be best identified in a sector while remaining an inseparable part of a complex whole (Buzan, Wver, & De Wilde, 1998, pp. 7-8). The CS defines five different sectors; the political, economic, military, societal and environmental sector.This functional differentiation between different sectors of society is debatable. In later publications the CS acknowledges the sectorial approach is merely used as empirical analytical lens. But this is complicated due to the fact that these different sectors often have no ontological status and in reality or overlap (Albert & Buzan, 2011, p. 422). For example the economic sector is often political and vice versa. 44
2.1.2 Unit of analysis As outlined earlier the securitization framework by the CS makes it possible to include a broad variety of different units of analysis (e.g. both state as non-state actors). A unit of analysis has to be considered as the focal points in this study. It dictates the focus in this research which is on a securitization process steered by agents in the field. Of course this study also discerns the broader framework in which a securitization process takes place structures its success. But foremost agents are considered the basic units of analysis in this study as they are propelling the securitization process. The securitization process is steered by three types of actors; the referent object, the securitization actor, and the functional actor. These different actors prescribe the analytical focus of the securitization process and will be amplified in more detail. The first unit of analysis in a securitization process is the referent object itself. Clearly the referent object in this study is the internet as such, and more specifically the hands-off governance approach of the internet. How the hands-off approach to internet governance is existentially threatened by WCIT-12 and for what reason protecting the hands-off approach is a legitimate claim for survival, will be the main focus in analysing the securitizing process in this study. The second unit of analysis is the securitizing actor or actors. This unit of analysis is not defined beforehand since the internet governance framework consists of a coalescence of different actors ranging from nation states to NGOs and even individuals. For this reason who is the securitizing actor cannot be determined a-priori by picking one single actor. This study will add a new element to securitization theory by contemplating a securitization process can be driven by multiple securitizing actors. The starting point to determine the securitizing actor initially is thus the broad coalescence of actors in the field of internet governance. Out of which during the analysis the relevant securitizing actor(s) will rise to the surface. The third and last unit of analysis are the functional actors. This type of actors are not participating in the securitizing process itself but still play an important factor. The CS defines functional actors as the actors who affect the dynamics of a sector but are not the referent actor or the actor calling for security (Buzan, Wver, & De Wilde, 1998, p. 36). This type of actors can thus include an audience or actors which try to hinder a securitization process. This group of functional actors is quite broad, but again difficult to determine beforehand since the internet governance network consists of countless different actors. 45
2.2 Outlining methods The method used in this study to collect and analyse the data is foremost guided by the research question, and with it the complete research design and theoretical/ conceptual underpinnings. A method in this study is there for solely considered as a technique or procedure used to gather and analyse data related to some research question (Crotty, 1998, p. 3). The difficulty is to choose a certain method as Balzacq remarks; It is generally assumed that the way in which securitization occurs is essentially an empirical question, but, paradoxically, there has been little discussion on methods (Balzacq, 2011, p. 33). 49 This lacking reflection on methods in securitization literature seems to originate from an intuitive approach in which many IR scholars operate (idem. p. 38). In defence of methodological awareness it is useful to reflect on a method used even if it doesnt fit perfectly in a conventional scientific method. This study uses a form of discourse analysis to study securitization and builds on the analytical framework of Vuori (2008). 2.2.1 Discourse analysis as analytical tool The employment of a discourse analysis in this study has to be considered as a tool which originates from, and it is closely connected with securitization theory. The main objects of analysis in this securitization theory are speech acts which foremost are discursive practices. A method capturing the discursive dimension is thus the most plausible option for this study. A discourse analysis has good credentials to carry out this task, as it can be used to analyse the language across texts as well as the social and cultural contexts in which the texts occur (Paltridge, 2006, p. 1). There are many forms and types of discourse analysis, and as expected there if not even a generic definition of discourse itself. 50 This study uses a mere holistic type of discourse analysis using the following definition of what a discourse encompasses:
In the end a Discourse is a dance that exists in the abstract as a coordinated pattern of words, deeds, values, beliefs, symbols, tools, objects, times, and places and in the here and now as a performance that is recognizable as just such a coordination. Like a dance, the performance here and now is never exactly the same. It all comes down, often, to what the master of the dance will allow to be recognized or will be forced to recognize as a possible instantiation of the dance (Gee, 2005, p. 19). 49 Most popular method in securitization literature is discourse analysis, but forms of content analysis and process tracing have also been employed in combination with securitization theory (Balzacq, 2011, pp. 38-53). 50 There are many textbooks which give an overview of the differences between different types of discourse analysis. See for example (Keller, 2013) and (Paltridge, 2006). 46
A discourse is thus conceptualised as an all-encompassing domain of coordinated patterns which possess coordinative power. This study predominantly focussing on the performative force of speech acts. The context in which these speech acts can perform there power are recognised as important facilitating conditions. A holistic type of discourse analysis in which the broader context in which speech acts do their dance is thus well-suited for this study. In analogy of the three facilitating three aspects of a securitization process will be highlighted. First the internal composition of the speech act(s) used will be analysed. This is the pure linguistic element. Second the facilitating conditions of the power resource and position will be analysed. And third the context in which a speech act operates will be taken into account; this includes the extra-linguistic domain. Vuori (2008) designed a useful framework to study the internal composition of a speech act. Speech acts have to be regarded as complex manifestations consisting of several sentences which constitute one single speech act or a single utterance containing several speech acts (Vuori, 2008, p. 74). Moreover speech acts are organised within certain variable discourse patterns which make it hard to designate precisely a single speech act. Keeping this in mind for analysing purposes it is useful to identify a number of ideal type speech acts which are designated by their objective. 1) the assertive speech act seeks to present a proposition as an actual state of affairs, 2) the directive speech act attempts to get the hearer carrying out a course of action, 3) the commissive speech act does something committed to some future course of action, 4) the expressive speech act expresses the feelings and attitudes of a speaker towards some state of affair, and finally 5) the declarative speech act in which changes in the world are realised through the utterance itself (idem.). To analyse the internal logic of a speech act Vuori designates several stages performed in a sequence. In Austins framework these are called the felicity conditions of a speech act (Praka, 2008, p. 208). The felicity conditions tell something over the utterance in question and are the sequence in which a speech act takes place. First there is the propositional content which consists of the actual statement. Second is the preparatory element in which the objection of the speech act materializes. And last is the essential element which tells what the speech act eventually does. This is worked out more orderly in the following table in which five common speech act stages (claim, warn, suggest, declare, explain and require) are outlined in more detail (Table 1).
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Claim Speech Act Propositional content Any Claim (C) Preparatory 1) Speaker (S) has proof (reasons, etc.) for the truth of C 2) It is not obvious to both S and Hearer (H) that H knows (doesnt need to be reminded, etc.) of C Essential Counts as an undertaking to the effect that C represents an actual state of affairs
Warning Speech Act Propositional content Future events, state, etc. (E) Preparatory 1) H has reason to believe that E will occur and that it is not in Hs interest 2) It is not obvious to both S and H that E will occur in any case Essential Counts as an undertaking to the effect that E is not in Hs best interest
Suggest/ Request Speech Act Propositional content Future act (A) of H Preparatory 1) H is able to do A and S believes H is able to do A 2) It is not obvious to both S and H that H will do A in the normal course of events of his/her own accord Essential Counts as an attempt to get H to do A
Declare Speech Act Propositional content Any proposition (P) Preparatory 1) S is in a position where she/he has the power to declare that P 2) P is not already in effect Essential Counts as an undertaking to the effect that P becomes the state of affairs
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Explain Speech Act Propositional content Reason (R) for past A of S Preparatory 1) S has done A 2) It is not obvious to H why S did A Essential Counts as an undertaking to the effect that R represents the actual state of affairs
Require Speech Act Propositional content Future A of H Preparatory 1) H is able to do A 2) It is not obvious to both S and H that H will do A in the normal course of events on his/her own accord. 3) There is R for H to do A Essential Counts as un undertaking to get H to do A in virtue of R. Table 1: Different element in a speech act sequence (Vuori, 2008, pp. 77-89)
The framework of Vuori is helpful to analyse the internal logic of a speech act. A last contribution of Vuori is the overall illocutionary point or perlocutionary aim of a securitization actor to initiate a securitization move. Vuori designates the following strands of securitization (Vuori, 2008, pp. 76-85). First there is securitization which aims to legitimate future acts by requesting something. Second is securitization aimed to raise an issue on the agenda by suggesting something. Third is securitization for deterrence based on a future act by declaring something. Fourth is securitization for legitimating past acts or reproducing the security status of an issue by explaining something. And last is a securitization stance aimed for control. Only the legitimizing securitization strand fits in a past temporality while the other are based on future acts. These ideal types may vary in reality but are useful to distinguish different forms of securitization. It has to be noted as outlined earlier this study analysis desecuritization sequences in the same manner as the securitization strands. Therefor different desecuritization attempts are analysed using the same framework (see Table 2).
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Strand of (de)securitization Speech act sequence Illocutionary point Perlocutionary aim Temporality Legitimating future acts Claim ->Warning -> Request Directive Legitimacy Future Raising an issue on the agenda Claim ->Warning -> Suggest Directive Convincing Future Deterrence Claim ->Warning -> Declare Declarative Intimidation/ Deterrence Future Legitimating past acts or reproducing a security status Claim ->Warning -> Explain Assertive Legitimacy Past Control Claim ->Warning -> Require Directive Obedience/ Discipline Future Table 2: Four strands of securitization (Vuori, 2008, p. 76)
The second element in the discourse analysis regards the official position and authority of the securitizing actor. This is a complex element since this element is partly intersubjectively defined. E.g. a certain institutional arrangement is foremost a social construct rather than a brute material fact. Nonetheless as outlined earlier some social factors can be regarded as sedimented, which put actors in positions of power in certain political structures. In addition analysing a securitization process will highlight on which power positions a securitizing actor can build. Keeping in mind these power positions can change, an examination in hindsight gives the ability to determine these positions given a certain moment in time and space. The method used to study this power position concretely draws from analysing on which power resources a securitizing actor draws, based on which authority. This could be technical resources, certain knowledge claims, political competences etc. The third and final part of the analysis will focus on the third facilitating actor which is the wider context of a discourse. This factor focuses on the extra-linguistic domain in which a speech act can succeed or fail to securitize a referent object. This dimension focuses on whether a speech act draws on a shared understanding of a threat in a securitization process. Which perlocutionary speech act will be accepted or rejected by an audience depends predominantly on the intersubjective understanding. If a securitizing actor uses 50
discursive practices which draw on the representation of a threat which relate to a shared understanding it is more likely a securitization move is accepted by an audience. These discursive practices make use of various rhetorics or heuristic artefacts like metaphors, emotions, stereotypes, gestures, narratives, silence and even lies (Balzacq, 2005, p. 172). But essential in a perlocutionary speech act is whether an audience is convinced by a securitizing actor whether action needs to be taken to avert a pending threat. This external element on which a speech act draws is included in the discourse analysis by describing how a speech act relates to these heuristic artefacts. It has to be noted the resemblance of heuristic artefacts is difficult to determine given the framework of analysis used in this study. To make this method more tangible the focus will lie on non-discursive forms of a speech act which accompany the performative power of a speech act such as images. Williams suggests a study on securitization should incorporate extra-linguistic forms of communication because speech-acts are inextricable from the image-dominated context in which they take place and through which meaning is communicated (Williams, 2003, p. 525). In this view a speech act becomes a broader performative drawing not only on a pure verbal act or linguistic rhetoric but also on more symbolic or contextual resources (idem, p.526). This will indicate more precisely on which heuristic artefacts a speech act draws in a broader discourse. To include the analysis of images requires a broader technique for reading these visual speech acts. 2.2.2 Analysing extra-linguistic forms of a speech act In general extra-linguistic forms of speech acts can be incorporated on the basis of the original conception of a speech act. An image also expresses and represents something which is used to make truth claims (Eaton, 1980, p. 18). In this regard an image thus possibly harbours heuristic artefacts which can be used in a perlocutionary speech act to persuade an audience. The conception of a speech act is thereby stretched to include non-discursive structures. Keeping in mind the risk of conceptual overstretching; this study will only include the analysis of images as being complementary or subordinate to speech acts. 51 This means the primary focus lies on speech acts as discursive practices, but which secondly could also draw or be supported by images or more specifically illustrations. The method used to read illustrations which accompany the performativity of a speech act in the extra-linguistic domain, will be a form of compositional interpretation (Rose, 2001, p. 33). This means the content of an illustration is consciously described and 51 On conceptual overstretching see the work of (Sartori, 1970, p. 1034). 51
possible references to heuristic artefacts in the speech acts are highlighted. Some might say this method seems slippery given the carefully balanced underlying framework of this study which tries to avoid interpreting and examining the exact meaning of social facts, but instead focuses on the performative power of speech acts by studying what they do. Agreed, including images as extra-linguistic forms of a speech acts risks bringing in an interpretative stance of the researcher through the backdoor. Yet this choice can be upheld given the fact images are only analysed as second-order devices helping to carry a speech act. Secondly these images are solely described in relation to the speech act they support and the broader heuristic artefacts in a discourse they refer to. Interpretation is thus limited to a thin observation of what the image represents. Thirdly these images are studied as being part of a broader successful securitization process. Therefor it is already affirmed these images have not obstructed the securitization process to say the very least. More likely is these images would have positively influenced a securitization process by drawing on intersubjective understandings of certain heuristic artefacts in a broader discourse. Concluding the employment of a discourse analysis as analytical method in this study; the most dominant aspect of the discourse analysis is the analysis of the internal logic of a speech act building on the framework of Vuori. Secondly the analysis will reflect on the (formal) authority and resources on which a securitizing actor draws in a securitizing process. Thirdly the extra-linguistic domain or broader context of the discourse will be analysed. Mainly by focussing on images supplementing a speech act, which can built on certain heuristic artefacts in a broader discourse. These methods are used interchangeably during the research process to analyse the different aspects of the securitization process in detail. 2.2.3 Data collection & presentation The empirical data collected in this study will be foremost written documents. Supplementing collected data will be audio-visual material and spoken text in audio-(visual) material. All these types of data will be referred to as documents in this study. These collected documents will vary by two groups. The first type of collected data will consists of first order documents which will be mainly analysed on the internal linguistic structure of speech acts present in the documents. These documents are primary sources of data of actors in the securitization process; examples are official policy documents, website statements, opinion articles or interviews of actors in a securitization process. The second order type of data will be a broader group of documents which will not be analysed by their internal structure of containing a speech act, but will help to analyse the facilitating conditions of a 52
securitization process. These types of documents are for example newspaper articles, interviews and blogs. The second-order documents are used to analyse for example the authority and resources of a securitization actor as the reference of a speech act to a broader discourse. To limit the scope of this study the selection of the documents is fixed in a specific time-interval. The securitization under scrutiny has a specific start and end point namely the WCIT-12 conference which took place from 3-14 December. In order to study the complete securitization process the time interval has to encompass the run-op and aftermath of the conference. Therefor the time-interval of this study is set from 1 May 2012 to 1 May 2013. Encompassing one year with the WCIT-12 conference as focal point in the middle seems a good balanced time-interval for this study. 52
The following criteria of selecting documents will be their social-spatial character. First they have to be available in the public domain. Although this seems a quite straight- forward criterion its operationalization brings some dilemmas. Namely the public domain can differ through different social-spatial contexts. The public domain referred to in this study are public sources which dont need a password or any credential to access. 53 And they have to be easily accessible by using a computer with an internet connection. 54
Next criterion for selecting documents is they have to be using the English language. This choice has huge implications for the scope of this study but is legitimized for three reasons. The first reason is a practical one and stems from the limited linguistic capabilities of the researcher in this study. As the internal validity of this study could be compromised when including documents the researcher would have difficulties to analyse due to limited language skills. Second the lingua-franca of the internet is English. 55 For example most programming languages of the internet (like HTML) use English as a working language. Studying the regulation of the internet it is therefore sensible to limit the focus on documents in English- language. Thirdly the securitization process takes place in an English-language saturated 52 Choosing this time-interval also comes forth of preliminary research on the empirical case. In this preliminary research the contours of the securitization process have already been identified which make it sensible to pick this time-interval. 53 Except for databases like Lexis-Nexis which need a password to access, the data in this database can be considered as the public domain for the media in this database has already been published elsewhere. 54 A basic computer is used running Microsoft Windows 7 OS, along with typical software like Microsoft Office and Mozilla Firefox. The Eduroam internet connection of the University of Amsterdam is used in this study. There is no reason to assume documents cannot be selected through this connection because of filtering or censorship (OpenNet Initiative). 55 As J anet Abbate notes the dominance of English as native language of the internet stems from the origination of the internet in the United States. But is has to be reminded this dominance of the English language is not without contestation as some perceive it as linguistic imperialism while other internet users whose native language does not use the Roman alphabet have practical objections (Abbate, 2000, p. 212). 53
discourse. Studying how this securitization process is perceived in non-English discourses is an interesting topic for other research projects but due to time and space constraints not a part of this study. To increase the reliability and replicability of this study the actual method of collecting documents is outlined in more detail. All documents are collected through a computer from the internet. Most first-order documents are collected from the official websites of important actors in the securitization process, like for example the website of the ITU (www.itu.int). These websites are searched for documents or audio-visual material containing speech acts used in the securitization process. Second-order documents are mostly collected by using search engines. The three biggest search engines in the world will be used for this task namely Google, Baidu and Yahoo (Sullivan, 2013). Using different search engines helps to prevent a bias in selecting second-order documents. Different search queries are used to find relevant documents, most prominent are WCIT-12, ITU, ITRs, Internet Governance and a combination or variation of these different search queries for example spelled out completely. The same method is used searching the database of Lexis-Nexis for searching news coverage publications which can be used as second-order documents. Collecting and analysing data in this study is done in an iterative process. 56 Going back and forth between collecting documents, analysing them and generating the findings help to decide when the research has sufficiently answered the research question. But it remains difficult to determine at which point enough data is collected and analysed, so when to stop? This point is reached when the analysed documents tip a certain density (Balzacq, 2011, p. 42). Which means new collected data reaches a saturation point in which no new relevant contributions to the already generated findings can be given. When this point is reached it seems data collection can be suspended with little risk that something relevant has been missed out (idem). Conclusively the results of this analysis will be presented in analogy of the securitization process under study. This means the findings are presented diachronic in two parts. The first part focuses on the run-up to the WCIT-12 conference. The second part focuses on the WCIT-12 conference itself and its aftermath. Key moments in the securitization process are highlighted, and the different aspects of the securitization process will be outlined in greater detail when relevant. As the scientific backing of this study is 56 The distinction between the different phases of the research project is made to increase the insight of the modus operandi in this study. In reality many of the different phases in the research process did overlap or took place in an iterative process. Explicitly outlining the different phases of the research process is solely done to increase the reliability and replicability of this study. 54
already legitimised in great detail, the findings of the research are presented in a more narrative style. For example the internal logic of different speech acts are analysed using Vuoris framework. But the findings of this analysis are not explicitly put in different tables but are processed more naturally in a readable story. Hopefully this makes it more comfortable for the reader to go through the findings of this study.
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Chapter 3: Sound the alarm, the ITU plans an internet takeover!
3.1 Commencing the securitization move Early August the United States government published its initial proposal for the WCIT, which marks the first important step in the start of a securitization process. 57 The US government announced it was concerned some proposals by some other governments could lead to greater regulatory burdens on the internet. Any such proposals would be carefully monitored by the US government. As the head of the WCIT delegation Ambassador Terry Kramer stated We will not support any effort to broaden the scope of the ITRs to facilitate any censorship of content or blocking the free flow of information and ideas (US Department of State, 2012a) . The US proposal for the WCIT showed a prototype hands-off interne governance character. As it opposed any attempts to broaden up the defection of ICT regulation to include the internet infrastructure. As stated in the proposal: [] the Internet has evolved to operate in a separate and distinct environment that is beyond the scope or mandate of the ITRs or the International Telecommunication Union (United States of America, 2012a, p. 1). No surprise the US proposal putted forward minimal changes to the existing ITR regime. Above all a new ITRs had to be flexible and voluntary in nature. The US government clearly charted the limits of new International Telecommunications Regulations in its proposal, by pointing out new ITRs required minimal, if any, changes (idem, p. 2). The initial US proposal for the WCIT contains a speech act sequence based on deterrence. The claim is made internet governance works fine without ITU intervention. Therefore the US warns the ITU should not extent its focus on internet regulatory issues. A third speech act declares other member states should not submit proposals which interfere with these principles, as they will be opposed by the US. The aim of this speech act sequence is perlocutionary as it tries to intimidate other member states to refrain from submitting proposals which interfere with the hands-off vision by the US-government. By taking a firm position based on intimidation and deterrence the US government puts a heavy burden on the WCIT in an early stage. If other ITU-member states will not support to the US vision, a new 57 Some might argue the securitization process started as early as 2011 when Ambassador David Gross and Ethan Lucarelli published an article containing securitization speech acts towards WCIT-12 (Gross & Lucarelli, 2011). Unfortunately the scope of this study is limited due to time and space constraint to include this publication in the analysis. Albeit determining the exact starting point of the securitization process is less relevant in this analysis, because the securitizing process in this study is a sequence of different securitization strands which probably do not have a clear starting point. 56
ITR treaty is miles away seems to be the message. The performativity of this speech act sequence is supported by the authority and resources of the US. As it has indirect controls most critical internet resources, and has much expertise and knowledge on ICT issues. 3.1.1 Leaking WCIT-12 documents While the initial US proposal for the WCIT was published in the public domain other ITU- member states choose not to. The WCIT is accessible for all the members of the ITU (which includes non-state actors). The ITU facilitate this process, but the proposals are only accessible to members of the ITU. The ITU is not authorized to make these proposals public; this is only reserved to members of the ITU. The ITU is therefore limited in its transparency over the WCIT preparatory process, or it is as transparent as the member-states wants the organisation to be. Two academics/ internet-activists decided to illuminate the WCIT preparatory process by launching a website called WCITLeaks.org. 58 This website aimed to make all WCIT related documents public, by posting anonymously submitted WCIT-12 documents on their website. WCITLeaks was launched in the summer of 2012 and soon contained all kinds of leaked WCIT documents, including confidential submitted proposals on new ITRs by ITU member states. One of the founders of the website Eli Dourado motivated because he didnt know what would happen at the WCIT, he wanted to bring transparency to the ITU, by publishing leaked WCIT documents (Dourado, 2012). Apparently the US government was not opposed to the WCITLeaks website. Dourado even joined the US WCIT delegation in Dubai at a later stage. According to the internet- activist the US government never expressly condoned WCITLeakss activities, but it never expressly condemned them, either (idem). The US toleration of the WCITLeaks activities seems remarkable given the generally tense relationship of the Obama administration with whistle-blowers. It can therefore be assumed leaking confidential WCIT proposals is not inflicting US interests and their related hands-off vision on internet governance. The impact of the WCITLeaks website has been profound. While it is not the direct speech act of the WCITLeaks founders who contribute to a securitization process, the leaked documents themselves indirectly played a pivotal role in the securitization process. A leaked proposal of the Russian Federation showed for example a hands-on vision for a revised ITR (Russian Federation, 2011). In this proposal far-reaching steps were proposed in which 58 WCITLeaks.org is launched by J erry Brito and Eli Dourado, who both work for the Mercatus Center, a George Mason University based research center, see (WCITLeaks). 57
internet governance explicitly had to be incorporated in an ITU framework. This leaked Russian proposal fed concerns that internet control would be passed on to the ITU (BBC News, 2012). Which fed fears authoritarian and non-democratic governments would assert greater control over internet governance issues. WCITLeaks thus supplied the ammunition which could be used in a securitization process of the internet hands-off approach. 3.2 Campaigning against WCIT-12 The leaked proposals containing a hands-on approach in the internet governance debate soon raised concerns by different civil society groups. In November 2012 two major international civil society organisations joined the securitization process of the WCIT. The International Trade Union Federation (ITUC) and Greenpeace international send an open letter to UN Secretary-General Ban Ki Moon. In the joint letter the internet is claimed to be an extraordinary global resource both as economic growth engine and supplier of open and transparent information (Greenpeace; ITUC, 2012). This speech act followed by a typical warning speech act: We believe the Internet as we currently know it is at risk from an attempt by some governments to impose solely governmental control over this extraordinarily valuable global resource, which has until now benefitted from a unique system of multi- stakeholder direction (idem). This speech act both portrays the WCIT as dangerous as it signifies governmental control over the internet, and second favours the current hands-off approach to internet governance which is portrayed as a unique system of multistakeholder direction. The speech act sequence in the letter ends with a request for more transparency on the WCIT process. Rather than a closed-door, traditional intergovernmental negotiation, the civil society groups asked for more transparency and multi-stakeholder inclusion. The letter is directed to Ban Ki Moon as UN SG, but the directed audience of the letter seems to be the broader public. If the drafters of the letter would have had the illocutionary aim of requesting a change of working procedure of the ITU in order to save the internet from government control, it would probably have been more effective to directly send this request to Hamadoun Tour, the SG of the ITU. The choice to send the letter to Ban Ki Moon seems to originate from a broader perlocutionary aim of the letter. The direct aim is not to request for change of the ITUs working procedure, but to securitize the issue of internet governance at the WCIT. The broader perlocutionary aim then becomes to raise this issue on the agenda. It marks why the letter is public and sent to the generally known Ban Ki Moon instead of Hamadoun Tour. 58
Both civil society organisations know sending an open letter he UN-SG would receive media attention based on their authority and resources, as they claim in their letter to represent 187 million members in 158 countries. The securitization sequence in the letter contribute to a securitization process targeted to the general public mainly to raise the issue of WCIT as a potentially very damaging change to the governance of the internet on the public agenda (Greenpeace; ITUC, 2012). 3.2.1 Googles Take Action campaign The securitization process of the WCIT gained real momentum when Google launched their worldwide Take Action campaign in November, weeks before the WCIT would start. The campaign is targeted at the general public of global internet users and uses a copybook example of a securitization sequence, as already the name of the campaign contains a performative utterance, namely take action. The heart of the campaign is a plain and simple website using illustrations accompanied by short plain texts, on which Google explains what is at stake (Google, 2012a). The website is read vertically and starts with a claim speech act in which the internet is portrayed as a free and open place which is controlled by no one and connects billion of people online. This speech act is accompanied by a colourful illustration of the world on which dotted lines connect different persons with each other around the globe. The next speech act on the website is a new claim which prepares a warning speech act. The speech act claims not all governments support the free and open internet. It argues governments filter and censor content and enact laws which threaten online free expression. This speech act is accompanied by a grey illustration of the world which is censored by black bars. In the following speech act the securitization sequence expresses a clear warning. Some of these governments are trying to use a closed-door meeting in December to regulate the internet (idem). This speech act is accompanied by an illustration of a calendar which 3 December (the start date of WCIT-12) encircled by a big red line. The text further states the ITU will renegotiate a decades-old communication treaty. The focus on decades-old subtle undermines the legitimacy of the WCIT-12, as it implies to be old and out-dated. It refers to a cyber-libertarian vision of the internet as a sovereign space in which governments are not wanted. The two following speech acts continue to articulate the danger of WCIT-12. First is warned a new treaty could increase censorship by governments, or could even allow them to cut off internet access. WCIT-12 could also bring new tolls on online services, making 59
them limited accessible. This speech act is accompanied by an illustration of a woman sitting behind a desk with a computer which sends some sort of signal, illustrated by colourful dots. The signal apparently isnt able to reach its destination as it smashes against a big grey wall with barbed wire. The world surrounded by the wall is grey, further away the world is still green (Figure 4). The illustration seemingly carries the warning speech act by portraying WCIT-12 as a threat to the open internet.
Figure 4: Fragment from the Google Take Action website (Google, 2012a).
In the following speech act Google seems to target anyone still not convinced WCIT-12 poses a threat to a free and open internet. The speech act warns the ITU is the wrong place to make decisions about the future of the internet. It warns only governments have a voice at the ITU, which is a secretive organisation. The accompanying illustration conclusively pictures Googles warning of what the WCIT-12 entails (Figure 5). The illustration is set mainly in grey and black tones with some red tones, and based on the ITU logos apparently has to represent an ITU meeting. Five characters (three men and two women) sit on chairs at a table which is pictured behind closed doors of glass. The rest of the room is partly visible through venetian blinds. The persons have no visible facial expression which marks we do not know who they are or what they are talking about. The logo of the ITU is pictured on the glass doors (or in the room) in grey tones. The illustration clearly refers to the heuristic 60
artefacts in the warning speech act which warns the ITU is secretive and the wrong place to make decisions about the internet.
Figure 5: Fragment from the Google Take Action website (Google, 2012a).
After the warning speech act Google highlights the perlocutionary aim of the Take Action campaign. The first step is a declarative speech act which states internet policy should work like the internet open and inclusive. The speech act continues to declare people around the globe should decide on the future of the internet and not governments. The speech act is supported by an illustration of doormat which writes welcome in six different languages. Colourful figures surround the image. In the final speech act Google end the speech act sequence in a requesting speech act, which asks the reader to add your voice in support of the free and open internet. The request is accompanied by a text stating billions of people around the globe have a voice. And an illustration on which a crowd is displayed holding megaphones out of which the same colourful lines as used in the other illustrations escape. The requesting speech act is made concrete by a petition on which an e-mail address and zip code can be filled in. The website states 2.873.092 people around the world already signed the petition and stood up for a free and open web (Google, 2012a). The website states any submitted e-mail address will be used to send updates on internet policy issues. In addition the given data will be used to publish the amount of 61
subscribers of the partition. The website does not tell whether the petition will be presented to someone. Subscription to the petition is thus merely used for the Take Action campaign itself. This marks the perlocutionary aim of the campaign, which is convincing the general public whats at stake and take action. The illocutionary point in taking action at first sight is only to sign a petition. In a broader context it signifies Google is trying to generate leverage by mobilizing the broader internet community against the WCIT-12. This aim is further articulating by a YouTube video published by Google. In this video people around the world say a free and open web depends on me in their own language (Google, 2012b). The video asks the viewer to take action by adding your voice referring to the petition on the Take Action website. It fits in a securitization strategy of raising the stakes of taking part in WCIT negotiations as a government, as constituencies convinced by the securitization process will stand critical towards the WCIT negotiations. In analogy of Googles campaign civil society organisation started their own anti- WCIT-12 campaigns using petitions. 59 These petitions contain a similar securitization sequence as Googles Take Action campaign. But the relevance of Googles Take Action campaign seems more far-reaching due to their resources and authority in the field of internet governance. Google as transnational company owns the most, and third-most, visited website in the world (Google.com and YouTube.com) (Alexa, 2013). The company leads globally in several web-based internet services like searching, e-mail and online video streaming. This signifies in terms of financial resources, technical expertise and scope of activities Google is an influential actor in the field of internet issues. Supported by their self-proclaimed core value dont be evil the company claims authority in the field of internet governance to support the cause of the internet users (who use their services). The choice of Google to jump on the securitization bandwagon is therefor of great importance for the securitization process of the hands-off interne governance approach at WCIT-12. 3.2.2 Continued securitization in the media As the Google Take Action campaign echoed in the media 60 , different individual opinion articles contributed to the securitization of the hands-off approach. To sketch a picture of these different articles the first article outlined is by Chris Albon, a Ph.D. in political scientist at the University of California. In an online opinion article titled Governments want to take 59 The Center for Democracy and Technology an online human rights NGO launched the Protect Global Internet Freedom petition, signed by 1618 civil society organisation, 39.394 individuals from 192 countries (Center for Democracy and Technology, 2012). Another petition launched by the website Equal Times entitled Stop the net grab got 41.736 supporters (Equal Times, 2012). 60 See for example (BBC News, 2012). 62
over your internet: At stake at WCIT-12, Albon analysed the leaked proposals by member states. Concluding: Make no mistake, this proposal was not some technocratic proposition to improve network performance. It was an attempted coup by some of world's most authoritative governments to take the commanding heights of the Internet (Albon, 2012) Continuing warning: It will be a war for the freedom of the soul of the Internet from government interference and control (idem). The same securitization process based on convincing the audience on the looming threat is used in an opinion article by Robert McDowell, an influential commissioner of the US Federal Communications Commission. In the article titled The U.N. Threat to Internet Freedom, McDowell declares: Enlightened nations should draw a line in the sand against new regulations while welcoming reform that could include a nonregulatory role for the ITU (McDowell, 2012a). As he warns We must awake from our slumber and engage before it is too late. Not only do these developments have the potential to affect the daily lives of all Americans, they also threaten freedom and prosperity across the globe (idem). The McDowell article had a very alarmist tone which was picked up and much cited by other commentators in the run-up of WCIT-12. 61
In a speech at the Mobile World Congress in Barcelona McDowell stepped up his securitization rhetorics one step further by stating: We are at a crossroads for the Internet's future. One path holds great promise, while the other path is fraught with peril. [...] The peril lies with changes that would ultimately sweep up Internet services into decades-old ITU paradigms. If successful, these efforts would merely imprison the future in the regulatory dungeon of the past. [...] It would be a travesty to create a world where the Internet is partitioned between countries that live under an intergovernmental regulatory regime and those member states who decide to opt out. [..] A balkanized Internet would be devastating to global free trade and rising living standards. It would also render an engineering morass (Fulton, 2012). In this securitization sequence McDowell explicitly builds on a warning speech act with the perlocutionary aim to intimidate by referring to engineering morass and a balkanized internet. Another even more influential voice in this debate came from Vinton Cerf. His opinion is influential given his authority in the field of internet governance. Cerf is recognised by many as one of the fathers of the internet as he is co-designer of the TCP/IP 61 See for example the article by Forbes editor Larry Dowes titled Why is the UN Trying to take over the Internet? (Dowes, 2012a) Or the blog by Dan Gillmor in the Guardian titled UN internet regulation talks in Dubai threaten web freedom (Gillmor, 2012). 63
protocol. Later he became chairman of the ICANN, and currently he is vice president and Chief internet Evangelist for Google. Cerf published an opinion article in the New York Times titled Keep the Internet Open, it contains a prototypical claim, warning and suggestion securitization sequence:
When I helped to develop the open standards that computers use to communicate with one another across the Net, I hoped for but could not predict how it would blossom and how much human ingenuity it would unleash. What secret sauce powered its success? The Net prospered precisely because governments for the most part allowed the Internet to grow organically [] The decisions taken in Dubai in December have the potential to put government handcuffs on the Net. To prevent that and keep the Internet open and free for the next generations we need to prevent a fundamental shift in how the Internet is governed (Cerf, 2012)
Cerf consciously uses his authority in the field of internet governance to make a securitization move. The opinion article by Cerf concisely formulates the securitization of the hands-off approach to internet governance. Referring repeatedly to proposals of authoritarian regimes he warns the internet can be abused and its users harmed if the ITU would gain control over the net (idem). He mainly disqualifies to include internet governance issues at the WCIT-12, because of the hands-off internet governance vision he supports. The performative aim of the article is therefor to convince the broader audience of the pending threat. 3.3 Parliamentary securitization contributions At this point the securitization process had mainly aimed to raise the issue of the World Conference on Telecommunications on the public agenda. By claiming, warning and suggesting WCIT-12 could impose dangers to the dominant hands-off approach in internet governance. The securitization process entered a new phase when the US congress and the European Parliament (EP) adopted resolutions on the matter. Although both resolutions are non-binding their inhibiting speech act possesses a performative power. In November the EP adopted with a simple majority of votes a joint motion for resolution, which was submitted by several EP-members on behalf of several political groups in the EP (European Parliament, 2012). A motion for resolution is an explanatory statement which expresses the vision of the EP on a specific matter. The EP asks the President of the parliament to forward the resolution to the EU Council, Commission, and 64
different governments and parliaments of the EU member states. This marks the audience of the resolution and containing speech acts are directive. Which marks the resolution performs its power in illocutionary speech acts. The resolution first regrets the lack of transparency and inclusiveness surrounding the negotiations for WCIT-12. Thereafter the EP Believes that the ITU, or any other single, centralised international institution, is not the appropriate body to assert regulatory authority over either internet governance or internet traffic flows. This claim follows by a warning speech act in which the EP stresses that some of the ITR reform proposals would negatively impact the internet, its architecture, operations, content and security, business relations and governance, as well as the free flow of information online. This warning end in a request speech act, where the EP Calls on the Member States to prevent any changes to the International Telecommunication Regulations which would be harmful to the openness of the internet, net neutrality, the end-to-end principle, universal service obligations, and the participatory governance entrusted to multiple actors. The speech act sequence in the EP resolution predominantly directed to member states, as they are the only ITU-members with voting power in WCIT-12. The securitization process follows a structure in which the EP aims by uttering these sentences the member states will refrain from supporting ITR proposals dealing with internet regulations issues. The hands-off approach to internet governance is thus passed on to the decision-makers. Although the position of the EP in European decision-making is limited due to limited capabilities, resources and authority, the resolution nevertheless sends a securitization directive towards the different EU-member states to take a hands-off position towards internet governance in the WCIT-12 negotiations. 3.3.1 The US Congress concurrent resolution The day before WCIT-12 would start the US House of Representatives approved a concurrent resolution which further securitized the hands-off internet governance vision by the US- government. The bi-cameral resolution was already approved by the US Senate in September. The House of Representatives followed and approved the resolution with an unusual unanimous vote of 397-0. A concurrent resolution lacks a force of law but in the highly polarized political environment of the time the unanimous adoption was highly unusual, by which the resolution gained strength and authority. The resolution is explicitly directed to the US Secretary of State who is concerned with US foreign affairs (US Congress, 2012). The illocutionary point of the speech act is 65
there for directive of nature, targeted to the US government to secure the hands-off internet governance approach at the WCIT-12. The resolution build on a by now standard securitization sequence. First a speech act claims the internet is for importance to the global economy, democratization, free expression and access to information. Second the self- governing and the current multi-stakeholder model that has enabled the internet to flourish is threatened by government control. Ending in a declarative speech act which states in the sense of the Congress the Secretary of State should continue working to implement the position of the United States on Internet governance that clearly articulates the consistent and unequivocal policy of the United States to promote a global Internet free from government control and preserve and advance the successful multistakeholder model that governs the Internet today (US Congress, 2012, pp. 2-3; US Department of State, 2012a) . The US Congress resolution in essence performs an unadulterated declarative speech act targeted to the US government to secure the hands-off vision of internet governance at WCIT-12. The resolution which is not more than a sequence of speech act has no formal legislative power but performs its power in the intersubjectively understanding of what is at stake at the WCIT-12. The US Congress thus lifts the issue of internet governance out of the ITU realm by proclaiming an inter-governmental framework is not appropriate, instead internet governance has to be discussed in an multistakeholder model. When the governments would gain control over internet governance issues it would be too late for the internet to flourish. Which signifies the WCIT-12 is presented as an existential threat to the free and open internet. This securitization move illustrates the US Congress lifts the issue of internet governance out of the intergovernmental domain by proclaiming internet governance needs a treatment with extraordinary means (multistakeholder model). 3.4 ITUs attempt to desecuritize WCIT-12 Faced with the rising controversy over WCIT-12 the ITU tried to initiate a desecuritization strategy. In a leaked memo, the ITU notices a well-financed and well-organised media- campaign is setup to discredit the ITU and WCIT (ITU, 2012d). 62 According to the ITU this campaign is often misleading and getting out of control as direct attacks against WCIT would turn into general attacks on the ITU as a whole. The organisation calls upon its members to challenge and rebut the various misstatements meant to denigrate ITU and 62 The document is confidential and has been published by WCITLeaks.org. Because the authenticity of the document is difficult to determine the content of this document is only used to illustrate the ITU position towards the securitization process of WCIT-12. There is no reason to believe the document is altered or false, but for validity reason the findings on the desecuritization attempt by the ITU will be solely based on other public available documents. 66
WCIT. The ITU literally calls upon its members to initiate a counter-campaign in an effort to reverse the securitization process (ITU, 2012d, p. 14). On the official ITU blog website the ITU Head of Communications Paul Conneally published two articles directed to debunk the securitization attempts by Google, and Greenpeace and ITUC. In these articles Conneally uses the same desecuritization pattern using the perlocutionary aim of convincing the desecuritization of WCIT-12 is flawed. First he claims the raised issues by the securitization actors are misleading, inaccurate and grounded in conjecture (Conneally, 2012a). Next he de-warns the ITU cannot empower governments to exercise greater regulation of the internet, and the ITU will continue to fully support the multi-stakeholder approach (idem.). In the following speech act he continues the desecuritization attempt by stating the ITU Constitution which is rooted in different UN human rights treaties, prevails over an ITR treaty. Governments are thereby limited to impose the right to communicate (Conneally, 2012b). This speech act thus attempts to debunk claims the WCIT will increase governmental control and censorship. The other warning speech act Conneally tries to debunk is the lack of transparency of WCIT-12. First he argues the ITU does not work behind closed-doors but is inclusive to 193 national delegations [...] private sector companies and civil society organizations (Conneally, 2012b). This signifies according to Conneally: The very thorough and inclusive preparatory process leading up to the WCIT-12 has been completely transparent (idem). The ITU spokesman continues stressing WCIT-12 is not a close-doors meeting by inviting civil society leaders and non-members and Google, ITUC and Greenpeace to attend WCIT-12 (Conneally, 2012a). This desecuritization sequence ends with suggesting speech act which aim to raise WCIT-12 on the agenda as a valuable opportunity to strengthen the important role in ICTs [] as catalyst for socio-economic development (idem). The desecuritization attempt by the ITU was picked up by different academics and opinion-makers who shared the ITU stance. For example the academic Milton Mueller who argued It would be wrong, and a bit silly, to talk about the ITU taking over the Internet. It is, rather, the Internet that is taking over the world of telecommunications (Mueller, 2012). Others continued de-warning the threat of internet takeover proposals: any country can come up with ideas, suggestions and proposals, but that doesnt necessarily mean that such proposals will be accepted (Budde, 2012). These speech acts apparently found their way in the broader media when the New York Times wrote: 67
Time for a reality check. Documents prepared for the December meeting, which leaked out last week yes, on the Internet show that there are no proposals to hand governance of the Net to the I.T.U. The union insists that it has no desire to play such a role. And even if some governments would like to give the agency increased regulatory powers, the United States and other like-minded countries could easily block them. (New York Times, 2012).
Hamadoun Tour the SG of the ITU contributed to the debunking campaign, by arguing WCIT-12 would not examine the management of critical internet resources as these functions are already performed by the ICANN. Instead Tour claimed WCIT-12 would chart a globally agreed-upon roadmap that offers future connectivity to all (Tour, 2012a). But in a WCIT-12 global media briefing the day before the conference would start Tour seemed to realize the limited performative power of his desecuritization speech acts by stating:
I hope, in preparation for this briefing, you have all read the excellent presentation called WCIT Myth-Busters, which is available in six languages on ITUs website. If you have, you will know that this conference CANNOT assign ITU with regulatory powers. Despite repeating this many times, it seems that the message is not getting through (Tour, 2012b). 63
Although the desecuritization attempt by the ITU echoed in the media and different stakeholders acknowledges the ITU would and could not interfere with the internet governance hands-off approach. The desecuritization attempt by ITU lacked for an important part the needed resources and authority to counterweight the de-securitization process by other more resourceful actors. As Tour noted: There is a misunderstanding in the debate, I am trying to refocus it, but some people don't want to listen to it (O'Toole, 2012). The speech acts trying to desecuritize became more a less a voice crying in the wilderness with little performative power. The failure to desecuritize the hands-off internet governance approach at WCIT-12 became once more visible days before the conference, when WCITLeaks published a 63 Part of the ITU desecuritization counter-campaign included a presentation on WCIT-12 in which the myths and misinformation of the conference are busted (ITU, 2012e). 68
controversial joint-proposal by China, Russia and several Arabic states which proposed to include several hands-on internet governance issues at WCIT-12 (WCITLeaks, 2012). 64 The merged proposal provided new ammunition for the securitization process, and echoed fiercely in the media. No wonder when the US-delegation send in its final proposal for WCIT-12 a standard securitization sequence towards the hands-off approach was used, by claiming the development of any international regulatory regime could risk and undermine the growth of the internet. Therefor in an illocutionary speech act the US conclusively directed: the United States will not support proposals that would increase the exercise of control over Internet governance or content (United States of America, 2012b, p. 1).
64 During the conference an unconfirmed source at the ITU would have declared the controversial proposal has never been on the table because it was never officially put forward (TechWeekEurope, 2012) 69
Chapter 4: Stonewalling WCIT-12 and its aftermath
4.1 Dont mention the I-word On 3 December 2012 the ten days WCIT-12 conference started. Immediately the effect of the securitization process was noticeable when Hamadoun Tour (the SG of the ITU), seems to consciously avoid to make any reference to internet regulation in his opening statement. The only time Tour used the I-word was when he tried to desecuritize in an illocutionary speech act, any claims WCIT-12 would compromise internet governance issues: What you will notice, in this list, is that I have not mentioned controlling the Internet (Tour, 2012c). In the rest of the opening statement Tour seemed to replace reference to the internet by solely mentioning ICTs. A second striking speech act in the statement is the explicit request for consensus. I firmly believe that there are three keys to the success of this conference. They are: Consensus; Consensus; and Consensus. [] I look forward to seeing how the spirit of consensus, the spirit of compromise, and the spirit of multi-stakeholderism will come together to deliver that win-win solution in the true ITU tradition. (Tour, 2012c). This speech act seems to be made in the knowledge that the negotiations on a new ITR treaty will be a difficult road ahead, due to the securitization process which securitized the hands-off internet governance approach at the conference which will make it difficult to reach consensus. Based on the number of proposals submitted by member states, 1275 in total, obviously it was not possible to discuss all these proposals in a plenary session with over 1400 delegates from all different member states. The ITU management team (Chairman and Secretariat) decided to break up the discussions by topics, as is common in ITU conferences. Different committees, working groups and ad-hoc sub-working groups discussed the different proposals in more detail. In a hierarchal way the sub-groups reported back to the working groups to resolve any outstanding issues. Issues which were identified as non-controversial were brought back to the plenary sessions, and dealt with directly. Some parts of the ITRs (the non-controversial ones) were thus already approved in the first week based on consensus (Hill, 2014, pp. 55-56) . 70
4.1.1 Progress in the midst of controversies Progress was made during the first week on new ITRs but the controversial issues remained the elephant in the room. Naming the internet, or even implicitly making any reference to the internet, became almost an anathema during WCIT-12. The controversial issues mainly revolved around two sets of topics. The first was whether any provision to security and spam in relation to ICT networks had to be made. Supporters of the hands-off approach feared this could result in restrictions on freedom of speech and argued content is generally outside the scope of the ITU (Hill, 2014, p. 64). The second set of issues mainly related to definitional and legal issues in which any direct or indirect reference to the internet was made. Practitioners of the hands-off approach argued the ITR treaty had to be minimally defined by not including any reference to the internet. 65 In order to deal with the contentious issues they were first aired during the plenary session (which were public) but quickly shunted away into the smaller working-groups. The working-groups provided an informal and private setting to discuss these issues, making compromises and reaching consensus more conceivable, at least in the hope of ITU. In reality these working groups kept on discussion the sensitive issues making little progress on a consensual outcome. 66
During the conference the US kept on pushing its securitization strategy, by continuously using a directive illocutionary speech act trying to shield off any discussion on internet related issues. For example Ambassador Kramer (head of the US delegation) remarked in a briefing on the fourth day of the conference on a Russian proposal which contained some hands-on internet governance issues: Weve looked at the proposal, but we are not keen to get into a discussion about that proposal because, again, we think its out of scope for the conference (US Department of State, 2012b). By solely saying the Russian proposal wont even be discussed if its up to the US, the hands-off approach is directly securitized. Kramer uses a directive illocutionary speech act by declaring any proposal going against the hands-off approach is out of scope for this conference (idem). These non- negotiable terms will make reaching consensus with member states adhering to include a hands-on internet governance approach practically unattainable. 65 For a detailed overview of the different proposed articles and analysis of the compromise text see (Hill, 2014, pp. 53-68). 66 Because the working groups were not public it was not possible to analyze the meetings in this study. For the overall analyses of the securitization process of the hands-off approach during WCIT-12 can still be analyzed by focusing mainly on the plenary sessions. These sessions were public and transcripts are available on ITUs website (ITU, 2012f). The issues discussed in the working groups are reported back in the plenary sessions, this gives the possibility to give a more in-depth analysis of the conference itself. 71
The outside world also actively reminded the WCIT-12 participants on the living resentment towards the conference, when a hack attack was launched on one of the WCIT- 12 websites. The attack prevented delegates from accessing some online working documents of the conference for a few hours on the third day. According to the ITU the disruption had been claimed by cybercriminal groups (UN, 2012). The event was swiftly used by Tour to utter a desecuritization declarative: It is ironic that the very people who claim to be fighting for a free Internet are preventing those around the world trying to follow the event online from getting access. Do they believe in one rule for them, and one for everyone else? (idem). The US quickly downplayed the effect of this event speaking of hacker groups who pulled a stunt by which Tour had to point out the irony (US Department of State, 2012c). The securitization of the internet governance hands-off approach started to bear fruit. All contributions containing hands-on internet governance proposals were identified as sensitive by the WCIT chairman and further (exhaustively) discussed in the several working groups. Without these issues prominent on the agenda the US delegation declared: we see progresses and we need further progress to ensure a successful outcome (US Department of State, 2012b). Explicitly the hands-off approach was further legitimized using an assertive speech act: Now, were seeing several countries throughout the world that have been good supporters of our position on keeping the internet out of this [] These are countries in a variety of regions, specifically in Europe, in Latin America, and in the Asia Pacific (idem). Based on the resources and authority in the field, the US clearly positioned itself as the leader of the hands-off internet governance approach. 67 This is also illustrated by the amount of participants in the US delegation, which is the second largest of all member states delegations (see Table 3). 68 The first European member state in this list is the United Kingdom with 31 participants. The biggest European delegation is thus four times smaller than the US delegation. This makes is more plausible the US will play a leading role in discussions simply by the fact there are more participants to share their expertise and knowledge in the complex and technical issues discussed. It is also very plausible smaller member-states have hitched a ride on the US input.
67 See also for example the opening of a US press release which explicitly refers to allies and talks about standing firm: The United States and allies from Europe and the Western Hemisphere are standing firm against proposals that might allow increased government regulation of Internet content and content providers (US Department of State, 2012c). 68 To no surprise the UAE delegations is even larger than the US delegations as the conference is held in Dubai. 72
ITU member state
Number of participants in WCIT-12 delegation United Arab Emirates 164 United States of America 126 Nigeria (Federal Republic of) 72 Brazil (Federative Republic of) 55 South Africa (Republic of) 46 Russian Federation 44 India (Republic of) 35 China (People's Republic of) 33 Korea (Republic of) 32 Thailand 32 Table 3: Top-10 of biggest ITU member state delegations in number of participants at WCIT-12 (ITU, 2012c).
4.1.2 Measuring the temperature in the room By the time the conference proceeded it became more and more clear reaching overall consensus would be extremely difficult. Most member states had reconciled their attempts to include far reaching hands-on internet governance issues in the new ITRs. Which indicated the securitization of the hands-off approach had been successful to some extent. Still some minimal issues remained as most member-states who wished for a more far-reaching treaty did not withdraw all proposals concerning internet issues. In an attempt to seek a compromise the Chairman (Sheikh Mohamed Nasser Al-Ghanim) proposed to draft a new non-binding resolution that would include (minimal) provisions regarding hands-on internet governance issues. This resolution became known as WCIT Resolution 3 and became part of a broader compromise package, in which the hands-off approach would dominate the new ITR treaty except from some minor issues and the non-binding resolution. Needless to say the proposed resolution provoked great consternation. Even a relative narrow definition of the internet in a non-binding part of the ITR treaty proved to be unacceptable to some member-states and specifically the US. With time running out the WCIT chairman nevertheless pushed on with the controversial Resolution. Hoping to end the fruitless and inconclusive discussions on the hands-on internet governance issues, the Chairman seemingly tried to force a breakthrough late in the evening of the tenth day. First Tour tried to convince all member-states in order to reach consensus on a new ITR it had to be possible to talk about the internet: it is not a crime to talk about the internet in the ITU, it should not be a taboo (ITU, 2012k). The Nigerian delegation agreed for them including the entire resolution was part of a package deal as these 73
things go hand in hand. But the US delegation quickly securitized their hands-off approach: we did not come to this conference in anticipation of a discussion on the internet, there are plenty of other forums for that, and we oppose this resolution (idem). But instead of postponing the heated debate Chairman Al-Ghanim decided to have the feel of the room (ITU, 2012f). In the early hours of 13 December he asked the plenary session to raise the big boards when in favour for the new drafted resolutions. With some delegations absent as it was late at night, in the following minutes different delegates hold their signs while others didnt (Figure 6). After this the Chairman declared: the majority is with the resolution. Applause rose from the room while others were left with astonishment. The UK delegations asked: Could you clarify what just happened, in respect to the resolution, have we just passed a resolution by majority?. Chair Al-Ghanim: The majority agreed to adopt the resolution as amended. After which again applause raised from the room. The Chairman thus pushed the resolution through using a directive illocutionary speech act. Although the procedure might have been effective in terms of moving forward the endless discussion, it created uncertainty and increased tensions between hands-off and hands-on internet governance proponents.
Figure 6: Delegates of different ITU member states show boards in support of Resolution 3 as part of measuring the temperature in the room (ITU, 2012f). 74
4.1.3 Crumbling consensus In the last working day of the conference chances to reach broad consensus had become very slim. In a last plea Tour tried to reach a compromise by putting all the issues on the table and propose a package deal in which everybody would be equally happy or unhappy (ITU, 2012g). The Chair argued 95% of the compromised document that is on the table is agreed as compromised text [] Lets think about that, we are very close of making it (idem). The compromised proposal was put forward and the chairman asked in the sake of time to leave the text as it is, and move forward. This was accepted by a majority of member-states stating to support consensus and in the spirit of compromise accept the compromised text. But to no surprise consensus would be not the outcome of the final negotiation day. After closing the debate the chair casted a vote by a show of hand to clarify whether consensus had been reached on one of the most controversial parts of the new proposed ITR, a new paragraph in the prelude. 69 This paragraph was a (vague) compromised text which by critiques would extent the ITRs scope and give member states more control over ICT networks; others have downplayed the importance of this new provision (See Hill, 2014, pp. 72-73). Anyhow the controversy concerning this paragraph conclusively marked the division between the hands-off and hands-on advocates of internet governance. In a majority vote 77 voted in favour of the text, 33 voted against and 8 abstained, by which the text was adopted. It painfully made clear the tradition and practice of reaching consensus in the ITU had been thwarted. And immediately after the vote Ambassador Kramer, head of the US delegation, reacted by which he reaffirmed the US hands-off stance: It is with a heavy heart and a sense of missed opportunities that the US has to communicate that it is not able to sign the agreement in the current form. The internet has given the world unimaginable economic and social benefits, during this past twenty four years, all without UN regulation. We cannot support an ITU treaty that is inconsistent with a multistakeholder model of internet governance. As the ITU has stated this conference is never meant to focus on internet issues. However today we are in a situation where we still have texts in resolutions that cover issues on spam and also provisions on internet governance (ITU, 2012j). 69 The third (new) paragraph of the prelude reads: These Regulations recognize the right of access of Member States to international telecommunication services (ITU, 2012h) 75
This declarative speech act contains the standard securitization sequence of making a claim on the internet, warning the ITU is not the right place to discuss internet issues and finally declaring the US will not sign the new ITR treaty. By this declarative illocutionary speech act the US announced walking away from the negotiations. After the US statement the United Kingdom and Canada joined the US securitization move and also declared not being able to sign the treaty. Other European countries like Sweden and Poland were milder, declaring to postpone the signing until further notice. As these European delegations still considered to sign the treaty but first wanted to consult with their capitals. The Brazilian delegations at the other hand expressed their regret of the outcome stating: We are not happy the so much sought consensus was not reached. The result of the unwanted vote is that the world is more divided than it was yesterday (ITU, 2012i). By which the ITU Secretary-General Tour repeated his familiar desecuritization sequence: This treaty includes many gains and achievements. [] I have been saying in the run-up of this conference, this conference is not about governing the internet (ITU, 2012i). After which he noticed there are no provisions on the internet in the treaty. Only in a non-binding resolutions which aims at fostering the development and growth of the internet. 4.2 WCIT-12 a failure or a success? The WCIT ended in a mixed result. A new ITR treaty had been adopted, but not by all member states which marked the aim for consensus had failed. In the final treaty the word internet was completely excised, only in the much debated non-binding resolution the internet can be found (ITU, 2012h, pp. 114-115). In this sense it seems the securitization of the hands- off internet governance approach had been successful. The securitization process had led to an environment in which only referring to the internet was enough to make an issue very controversial. Most of the controversial proposals were shelved or brought back to minimalistic proportions. On the other hand an ITR treaty was adopted which included provisions not in favour of the adherers of the hands-off approach. Even though member-states can make reservations choosing to exclude the legal effects of certain parts of the treaty, the US and other member states decided to reject the whole treaty. While for most parts the new ITR treaty was built on overall consensus. But although it was very limited any reference to internet hands-on governance issues stipulated signing the treaty was out of question. This clearly marks the success of a hands-off securitization move. 76
4.2.1 Pointing the blame During the closing-ceremony and after the conference the securitization process continued unabated by finger pointing in acrimony. Tour regarded the outcome of the WCIT-12 as a success, stating a clear majority of the member states has already signed the new treaty (Tour, 2012d). Member states can always accede to the treaty at a later time as the new ITR treaty goes into effect in 2015, many member states still had to decide on their position, or had to ratify the treaty. 70 Tour requested member states to join the treaty using an illocutionary requesting speech act: we understand that some Member States need to go to their capitals and constituencies before they can accede to the new ITRs (idem). Striking Tour did not mention in his closing statement the failure of reaching consensus at WCIT-12. Instead he closed his speech with a series of assertive speech acts: And this conference I know will not divide us. This is a start and nothing has ended here. Indeed, WCIT is the beginning of something new. (Tour, 2012d). He thus tried to reproduce a desecuritization status which thrived on consensus. He also warned mere implicitly the securitizing strategy of the hands-off approach is not any helpful by quoting Franklin D Roosevelt: We have nothing to fear but fear itself (idem). Ambassador Kramer, the head of the US delegation had a different interpretation of the outcome. The US delegation did not choose to join the closing ceremony signalling their discontent with the new ITR treaty. In a press statement Kramer legitimised the US position not to sign the new treaty by claiming: Other administrations have made it clear that they believe the treaty should be extended to cover those [internet governance] issues, and so we cannot be part of that consensus (US Department of State, 2012d) . In an illocutionary speech act Kramer thus legitimised the US position as being the inevitable outcome in order to secure the hands-off internet governance approach. Kramer reproduced the securitization sequence but also explained it was not their fault consensus had not been reached: Throughout the WCIT, the U.S. and other likeminded governments have worked consistently and unwaveringly to maintain and enhance an environment for success [] (idem). The securitization off the hands-off also echoed along familiar lines in the media. Vincent Cerf continued to securitize the hands-off approach and argued the new ITR treaty was a threat to this vision: The good guys did not winthe terms are defined in such a way as to allow a significant amount of mischief in the Internet space (Farivar, 2012). Other 70 ITU member states who dont sign the new ITR treaty remain obliged by the old 1988 ITR treaty. 77
commentators celebrated the outcome publishing article with titles like Hooray, the UN didnt take over the internet after all (Couts, 2012). And writing: Good news, everyone: The United Nations didnt take over the Internet! After two weeks of heated negotiations between 193 member states of the UNs International Telecommunications Union (ITU), absolutely nothing is different, at least not if you live in the United States. And we have our totally sweet federal government to thank for that no joke (idem). While others supported the securitization of the hands-off approach but feared the WCIT-12 outcome could lead to a balkanization of the internet. As Reuters quoted a European WCIT-12 delegate: This could lead to a balkanization of the Internet, because each country will have its own view on how to deal with over-the-top players and will regulate the Internet in a different way (Reuters, 2012). McDowell, the commissioner of the US Federal Communications Commission who had also been actively involved in the securitization process in the run-up of WCIT-12 declared the US delegation had stood strong at WCIT-12 not to sign the new treaty (McDowell, 2012b) . But he warned the fight was not yet over: As egregious as todays action was, many of the anti-freedom proposals were turned back - but the worst is yet to come. The United States should immediately prepare for an even more treacherous ITU treaty negotiation that will take place in 2014 in Korea (idem). In similar language the cofounder of WCITLeaks Eli Dourado warned: the ITU could never again deny that it had designs on the Internet, it could never again imply that those who were concerned about the possibility of a takeover of some aspects of Internet governance by nation-states were misinformed conspiracy theorists (Dourado, 2012). And reflecting back on WCIT-12 Dourado added the battle lines are now drawn. The securitization of the internet governance hands-off approached echoed predominantly the media, which observed the WCIT-12 outcome might signify a digital cold war (The Economist, 2012). The most important result of the conference has been to demonstrate that the world now splits into two camps when it comes to the internet: one is comprised of more authoritarian countries, which would like to turn back the clock and regain sovereignty over their own national bits of the internet; the other wants to keep the internet and its governance as it is (bearing in mind that some of its members motives may not always be as pure as they pretend) (idem). In the same analogy other observers referred to WCIT-12 as the digital equivalent Yalta which symbolises the beginning of a long Internet Cold War between authoritarian and liberal-democratic countries (Klimburg, 2013). Other contributed in the same Cold War rhetorics: The Internet Cold War just turned hot. 78
Thats the key take-away following the collapse of two weeks of intense negotiations in Dubai. []The WCIT conference will go down as a turning point, when the world divided into governments who recognize the value of an open Internet, managed, developed and regulated by its users, and those who no longer feel obliged to pretend the spread of information is in the best interests of their citizens (Downes, 2012b). The critical analysis and continued securitization of the hands-off approach even resulted in calls to de-fund the ITU. A launched activist website stated WCIT-12 had been the stage of an attempt to seize control of the internet by several member states (De-fund the ITU, 2013). 71 Their goal was a coup: to overthrow the open and transparent system of Internet governance that ensures the Internets freedom and accessibility, and replace it with their own central point of absolute control, through which policies of censorship and repression could be enacted (idem). This assertive speech act subsequently called on internet users to sign a petition asking the US government to cut its contributions on the ITU. But also more critical opinions were aired which opposed the US securitization stance of the hands-off approach. Milton Mueller remarked: The good guys (the US, and its allies including Canada and the UK) succeeded in keeping the ITR away from the Internet, and yet inexplicably chose to dump the whole thing at the end (Farivar, 2012). Trying to desecuritize the whole hands-off approach Mueller analysed: the root of the problem lies in a paranoid view of the ITU, a view concentrated in Internet industry figures such as Googles Vint Cerf. These critics adhere to a view of the ITU that grossly exaggerates its significance and power. I call this ITU-phobia [] (Mueller, 2012b). Other analysts shared Muellers view, questioning the securitizing move of the hands-off approach: Although the US arguments are fervent and sound coherent, many of them on closer examination are found to have more holes than Swiss cheese. Indeed, much of the sanctimonious noise from the US is mainly about protecting its national interest, and not genuine multi-stakeholderism (Touray, 2012). The critical view towards the securitization process of the hands-off approach at WCIT-12 also echoed in the press, a New York Times editor critically analysed: The American delegation, joined by a handful of Western allies, derided the treaty as a threat to Internet freedom. But most other nations signed it. And other participants in the two weeks of talks here were left wondering on Friday whether the Americans had been negotiating in good faith or had planned all along to engage in a public debate only to make a dramatic exit, 71 It is not clear who is behind this initiative. At the time of writing the website is offline (see www. defundtheitu.org). 79
as they did near midnight on Thursday as the signing deadline approached. (Franer, 2012). And asking Given that the United States achieved many of its stated goals in the negotiations, why did it reject the treaty [] (idem). Other commentators joined the attempt to desecuritize the hands-off securitization process at WCIT-12: Yes, there were indeed a number of stupid proposals put forward for the ITU to regulate in areas beyond its competence [] None of these proposals succeeded, and not all even officially made it to the table. With the sustained opposition of the United States, Google and other powerful stakeholders, there was never any likelihood that they would (Malcolm, 2013). 4.2.2 Controlling the hands-off approach Although the critical marks on the continued securitization of the hands-off approach, the view continued to dominate the view of the non-signing member states. Direct after WCIT-12 some European states had reservations signing the treaty but did not conclusively rejected it like the US and the United Kingdom did. But during the following months more and more European states declared not to sign the new ITR. As for example Sweden uttered in an illocutionary speech act: Together with the United States and most other EU countries chose not to sign the revised regulations. This may be no practical consequences for the Swedish part, but should be seen as an important standpoint for Sweden along with many other countries who cherish a free and open Internet (Sweden Ministry of Industry, 2012). Also the European Commission (EC) stepped in to the securitization process of the hands-off approach. However the EC cannot be a party in the new ITR treaty, it spoke on behalf of its member states, declaring that the EU will remain 100% committed to supporting the open internet, and therefor EU member states will not sign the new ITR treaty (European Commission, 2012). After which the EC affirmed final discussions introduced proposals unacceptable to EU Member States. Backed up by the resources and authority of the EC this speech act for an important part controlled the future securitization off the hands-off approach towards internet governance in European member states. Namely by requesting member states using an illocutionary speech act not to sign the new ITR treaty. In the US a legislative procedure had started to control the securitization of the hands-off internet governance approach. A congressional hearing initiated by several US Congress committees was setup named Fighting for internet freedom: Dubai and Beyond, aiming to examine the implication of Dubai but also draft legislation in turning last years resolution [the US Congress Concurrent Resolution] into law (Committe on Energy and Commerce; Committee on Foreign Affairs House of Representatives, 2013). In the opening 80
statement of the hearing committee chairman and representative of the House, Greg Walden declared:
Governments traditional hands-off approach has enabled the Internet to grow at an astonishing pace and become perhaps the most powerful engine of social and economic freedom and job creation our world has ever known. [] Buttressed by this resolution and facing a treaty that subjected the Internet to international regulation, even though conference organizers had promised Internet issues were not going to be on the agenda, the U.S. delegation and 54 other nations refused to sign. Unfortunately, 89 nations did sign the treaty, and this is likely the start, not the end, of efforts to drag the Internet within the purview of the international regulatory bodies (Committe on Energy and Commerce; Committee on Foreign Affairs House of Representatives, 2013, p. 3)
During the congressional hearing numerous securitization claims of the internet governance approach were made in the openings statements by different representatives. For example: Ladies and gentlemen, the Internet is quite simply under assault. [...] Our experience in Dubai is a chilling foreshadow of how international Internet regulatory policy could expand at an accelerating pace (Committe on Energy and Commerce; Committee on Foreign Affairs House of Representatives, 2013, pp. 17-18). And: The idea that the U.N. ought to be controlling the Internet, to me, is like putting the Taliban in charge of womens rights (idem. p. 11). But also: Currently, the Internet is regulated, as we all know, under a multistake- holder system in which both agencies and private organizations, mostly American, play various roles. Russia and China and a host of other nations with poor human rights records have objected to this multistakeholder system and American influence. Some of these countries objecting to the current system have refused to recognize that fundamental freedoms, [] In December of last year, Russia, China, and 87 other countries signed a treaty at the world conference of the ITU in Dubai. The treaty touches on vital issues of Internet governance in ways our country objected to, and I am glad we did (idem. p. 9). During the congressional hearing a repeated securitization sequence of speech act was made that claimed the ITU was used by authoritarian countries to gain control over the internet. Therefor it was legitimized the US did not sign the new ITR treaty. But to make sure the hands-off internet governance approach was safeguarded for the long term the speakers pushed for a controlling securitization strand. As a result the congressional hearing 81
committees drafted a bill which indefinitely formalizes the securitizing process. The drafted bill contains an illocutionary assertive which directs US policy regarding internet governance: It is the policy of the United States to preserve and advance the successful multistakeholder model that governs the Internet (US Congress, 2013, p. 4). At the time of writing the bill has passed the House of Representatives, and had been reported to the Senate for reading (Library of Congress, 2013). Based on the intensive securitization process chances the Bill will become law are considerable, it would signify the final chord in a securitization process of the hands-off internet governance approach.
82
Conclusion
As Hannah Arendt reminds us; Action reveals itself fully only to the storyteller, that is, to the backward glance of the historian, who indeed always knows better what it was all about than the participants (Arendt, 1958, p. 192). The same conclusion can be drawn in the light of this study. Looking back upon the run-up and WCIT-12 itself, the securitization of the hands-off internet governance approach prospered by different actors, clearly interfered with the negotiations on a new ITRs treaty. As naming the internet almost became an anathema at WCIT-12. As a results most indirect and direct reference to internet regulation issues where shelved in the new ITRs treaty. An (unusual) coalesce of actors joined forces to push for a securitization move of the hands-off approach at WCIT-12. This peculiarity cooperation is for example visible in the choice of the US WCIT-12 delegation, to include an internet activist who leaks confidential documents on a website named WCITLeaks. Another important actor who stepped in to the securitization process was Google. By actively unfolding a Take Action campaign, the internet corporation used its resources in helping securitize the issue in the perception of the general public. In the weeks before WCIT-12 started the securitization of the hands-off internet governance approach dominated in the public debate. Attempts by the ITU to desecuritize the probability WCIT-12 would deal with internet regulation issues did not manage to thwart the on-going securitization process. Instead the securitization move gained a more formal character when both the European Parliament and the US Congress adopted a resolution which contained securitization sequences of the hands-off approach directed to the participating ITU member states at WCIT-12. During the WCIT-12 continuously securitization moves, predominantly pushed by the US delegation, raised the stakes to levels reaching an acceptable compromise for all ITU- members became impossible. Another factor for the crumbling consensus at WCIT-12 was the limited time. The ITU hoped shelving the delicate issues in smaller private ad-hoc working groups would made it easier to reach a compromise. In reality the delicate issues continued to dominate the agenda on the conference without making much progress. Simply because of the securitization move of the internet governance hands-off approach made any compromise unacceptable. The WCIT-12 was not the right place for discussion on any internet governance related issues, according to the hands-off advocates. Therefor these 83
issues had to be shelved of WCIT-12 at all costs, and dealt with by extra-ordinary means (in a multistakeholder model), according to the propagators of he hands-of approach towards internet regulation. The ITU tried nevertheless to force a breakthrough at one of the last days of the conference by proposing a compromised package deal. The ITU tried to persuade the room the proposed ITRs contained for the most part (95%) already overall agreed text. Shelving the controversial internet governance provision in a non-binding resolution was an attempt to meet the objections of the hands-off supporters. But the controversial adoptions of the resolution by a measurement of the temperature in the room only added more resent to hands-off advocates, as they believed even adding a reference to internet regulation in non- binding resolution was a no-go. When a majority vote decided to add a controversial paragraph to the pre-amble of the new ITRs treaty, all hope on the possibility of reaching consensus had been abandoned. The US-delegation and other delegations immediately decided not to sign the new ITRs treaty. The US was first to announce walking away form the conference a day before WCIT-12 would end, starting their legitimizing securitization speech act of their action. After the conference the blame game initiated. The propagators of the hands-off approach continued uttering their securitization claims by stating the ITU had attempted to gain control over internet regulation issues. Analysts in the same tradition argued a new digital cold war had started which dangerously could lead to a balkanization of the internet. But on the other hand also more critical voices were aired towards the heavy securitization of the hands-off approach at WCIT-12, leaving commentators to wonder whether the US-delegation had acted in good-faith at the conference, or only planned to take advantage of the securitization move in order to strengthen their position in the internet governance domain. The securitization of the hands-off approach of internet governance which peaked during WCIT-12, continued to prosper after the conference. Perhaps the current securitization speech act warning on future ITU meetings are even more radical than before WCIT-12. Hitherto the securitization process resulted in a controlling securitization sequence in the US, aimed to consolidate the hands-off approach towards internet governance and transform it into legislation. 84
6.1.1. Theoretical conclusions and future research The study of the securitization process using an adapted form of securitization theory proved to be fruitful. A securitization process seems to be applicable in a case were multiple actors push for a securitization at different levels. For example some actors push on the individual level for securitization by building a website, while other actors are involved in the meta- level negations of the WCIT-12. It concluded securitization can be used to study a securitization move by a coalescence of actors. The used framework of Vuori is useful to study the internal structure of a speech act. Moreover the different securitization strands help to identify different phases in a securitization process. Securitization is not a simple linear A to B sequence. But merely involves different incremental steps which succeed each other. Adding the perlocutionary securitization speech act involving an audience, proved to be indispensable in this study in order to analyse all different forms of securitization sequences. In addition extending the scope of securitization theory to include extra-linguistic forms of a speech act provided an interesting extra dimension to the securitization process. The complex theoretical foundations of this study did not hinder a comprehensive analysis of a securitization process. On the contrary future research can be inspired by the use of securitization theory in this study. As it proofs he basic principles of the original securitization framework are able to render interesting findings. Discarding the normative aim of securitization theory helps to give a more neutral understanding of the securitization process. By implementing desecuritization in the analytical framework of securitization, a useful refinement of studying an integral securitization process is provided. The conceptualisation of internet governance as a global governance architecture was helpful to overcome the programmatic dilemma between the hands-on/hands-off internet governance approaches. The broad conceptualization of internet governance proved key in being able to distinguish and use the different approaches to internet governance in analysing how they conflicted during WCIT-12. The broad understanding is also helpful to include different approaches towards internet governance, which dissolves the stratified use of the term which dictates most IR literature. This study has exclusively focussed on the securitization of the hands-off approach at WCIT-12, which turned out (as probably already expected) to be prospered for the most part by the United States. It is there for the findings predominantly focus on US actors, as these actors seem to lead the hands-off approach. It would be interesting for future research to analyse other perspectives. For example by conducting the same study but analysing whether 85
the securitization process also resound in other language saturated discourses. Or whether the same securitization move is made but used to securitize the hands-on internet governance approach at WCIT-12. 6.1.2 Implications of the findings for the internet governance debate The findings of this study indicate the hands-off internet governance approach is dominant in the global internet governance architecture. WCIT-12 seemed to have only intensified the dominance of this approach. With the drafting of new law in the US which aims to root the hands-off approach in legislature as a striking exemplification of this occurrence. The role of the US in the securitizing process is salient. The US government seems to favours its shadow of hierarchy position in internet governance issues, by defending the hands-off approach fiercely. Second noticeable finding is the international cooperation between civil society groups, individuals and trans-national corporations in defending the hands-off approach. While all these groups might support different vision of hands-on internet governance, in practice they cooperate and defend the current status-quo. Even self-alleged hacker groups, who normally are wary to choose the camp of the US government, during WCIT-12 actually aligned with the US government by expressing their dissatisfaction in attacking ITUs websites. These observations create a useful thinking space to start a more nuanced discussion on what it is means to support a securitization attempt of ITU/WCIT-12 initiatives. The reader has to decide whether the securitization move is legitimized by judging whether the claimed threat of an ITU internet takeover resembles the truth. This study deliberately refrained from going to much in to depth on whether the securitization claim was true or false. This is up to the reader to decide. What the reader can take away in any case from this study is how a group of actors made a threat real, no matter whether this threat had any ontological existence. Namely the securitization of the hands-off internet governance approach stonewalled the WCIT-12 negotiations on a new ITRs treaty, which caused division in a traditionally consensus-driven specialized UN-agency. 86
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Appendix
Appendix 1: ITU member states and WCIT-12 attendance 72
ITU member state
Number of participants in WCIT- 12 delegation Signatory/ nonsignatory of the WCIT-12 Final Acts Afghanistan 4 Signatory Albania (Republic of) 7 Nonsignatory Algeria (People's Democratic Republic of) 21 Signatory Andorra (Principality of) 2 Nonsignatory Angola (Republic of) 4 Signatory Antigua and Barbuda Argentine Republic 7 Signatory Armenia (Republic of) 12 Nonsignatory Australia 2 Nonsignatory Austria 3 Nonsignatory Azerbaijan (Republic of) 11 Signatory Bahamas (Commonwealth of the) Bahrain (Kingdom of) 12 Signatory Bangladesh (People's Republic of) 5 Signatory Barbados 3 Signatory Belarus (Republic of) 2 Nonsignatory Belgium 3 Nonsignatory Belize 1 Signatory Benin (Republic of) 8 Signatory Bhutan (Kingdom of) 2 Signatory Bolivia (Plurinational State of) Bosnia and Herzegovina Botswana (Republic of) 4 Signatory Brazil (Federative Republic of) 55 Signatory Brunei Darussalam 6 Signatory Bulgaria (Republic of) 10 Nonsignatory Burkina Faso 11 Signatory Burundi (Republic of) 7 Signatory Cabo Verde (Republic of) 2 Signatory Cambodia (Kingdom of) 3 Signatory 72 Of the total 193 ITU member states, 161 member states send a delegation of participants to the WCIT-12 (ITU, 2012c) . Total signatories: 89. Total non-signatories: 55 (ITU, 2012b). Combined 104 member states of the ITU did not sign the WCIT-12 Final Acts on the spot; all ITU member states are able to join the WCIT-12 treaty at a later stage. 102