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A Look at ICANN's Creation

Ira Magaziner

This blog by Ira Magaziner, often called the "the father of ICANN," is part of a series of posts CircleID will be hosting from the ICANN community to commemorate ICANN's 20th anniversary. CircleID collaborated with ICANN to spread the word and to encourage participation. We invite you to submit your essays to us in consideration for posting. (You can watch the video interview of Magaziner done for ICANN’s History Project here.)

* * *

My story begins in ancient times when dinosaurs ruled the earth. It was a time when you could download a movie onto your desktop computer through your 56k dial-up connection if you had a few days. It was a time when more people were on the Minitel in France than on the Internet globally and when the Republic of Korea could fit all of its internet users into one small hotel room. I know because I met them all in that room.

In early 1995, then United States President Bill Clinton asked me, as his senior advisor for policy development, to help recommend what steps he could take if re-elected in 1996 to accelerate the long-term growth of the US economy. I suggested that we set a policy environment in the U.S. and globally that could accelerate the growth of the newly developed Internet, we could help fuel a global economic transformation.

I realized that the Internet had great potential, but that its future was very precarious, balanced on a knife’s edge between two extremes that could delay it or even destroy it. On the one side, if the Internet was too anarchic with no publicly accepted guidelines, it could engender constant lawsuits, scaring away investors and people who wanted to help build it. On the other side, if typical forces of bureaucracy took over with a mass of government regulations and slow intergovernmental governing bodies, the creativity and growth of the internet would be stifled.

We formed an inter-departmental task force and over the next few years: passed legislation and negotiated international treaties with other countries that kept Internet commerce free of tariffs and taxation; recognized the legality of digital signatures and contracts; protected Internet intellectual property; allowed the market to set standards rather than regulators; kept Internet telephony and transmission in general free from burdensome regulation; and empowered consumers to use the Internet affordably, among other measures. We aimed to establish the Internet as a global medium of communication and commerce that could allow any individual to participate.

As we did all of this, there was one problem that concerned us deeply: how could the technical coordination of the Internet succeed and scale in the face of the complex political and legal challenges that were already beginning to undermine the legitimacy of the Internet as it then existed?

At that time, IANA was housed in a small office at the University of Southern California (USC) and run by Jon Postel under a contract the University had with the U.S. Department of Defense/Defense Advanced Research Projects Agency (DARPA).

From a small office filled with large stacks of paper and books on the floor, on tables, and hanging off of shelves on the walls, it was Jon who decided what the top-level prefixes were for each country, and who in each country should be responsible for administering the Internet.

The A-root server was run by a company called Network Solutions in Virginia under a contract with the U.S. Department of Commerce. It had a virtual monopoly to sell domain names. It worked with Jon to synch up numbers with names.

But, Jon and the leadership of Network Solutions did not get along. There were constant disputes. They were so frustrated with each other that on more than one occasion I found myself trying to referee disputes between them at the request of the Department of Commerce and DARPA who, as administrators of the contracts, were often caught in the middle.

Internet infrastructure was also insecure. I went on a tour to visit some of the servers that ran the Internet. Some were in university basements where I literally could have walked in and pulled the plugs on the servers. There was no security.

The tenuous nature of these arrangements led to significant concerns which came to a head one fateful week in early January 1996. During this week, the following events occurred:

  • The head of DARPA called me saying that it would no longer oversee the contract for IANA when it expired because there was too much controversy.
  • The President of USC called saying that they could not take the lawsuits being directed against them and wanted out of their contract.
  • Our legal counsel visited and described more than fifty lawsuits around the world challenging the validity of the Internet technical governance that could tear the Internet apart.
  • The International Telecommunication Union approached me demanding to take over the Internet after a decade of opposing the adoption of the Internet protocols.
  • A delegation of U.S. Congressmen and Senators visited and insisted that the U.S. Government had created the Internet and should never give up control of it.
  • Several delegations of representatives from over 100 leading IT and media companies, and 10 trade associations visited saying that Internet technical coordination and security had to be brought into a more predictable global environment before they would invest any further in it.
  • A European Union delegation spent two hours telling me that they would pursue their own regulation of the Internet routing system for Europe.
  • Representatives from the Internet Society told me that the Internet Society governed the Internet and they would resist any attempts by others to take control.
  • The US government security task force on the internet delivered a report saying that the internet was in danger of fracturing from the lawsuits and lack of agreed upon coordination mechanisms.

It was quite a week. We clearly had to do something.

I went home that Sunday, and while watching my favorite U.S. football team lose terribly on the television, I drafted the first concept memo of what an organization could look like that could successfully solve the current and potential challenges.

The idea of setting up a global, private, non-profit, apolitical institution, staffed by technical experts, that would be a grassroots organization accountable to Internet users and constituencies, while also being recognized by governments, was unprecedented and risky. When I discussed it with my interdepartmental taskforce, we knew it would be difficult and somewhat messy to implement, but we felt it offered the best chance to allow the Internet to grow and flourish.

The organization would have a government advisory group that could ensure the views of the collective governments were at the forefront, but that the governments would not control it. The organization would provide a strong focal point recognized by governments to combat any lawsuits. It would be flexible enough to evolve as the Internet evolved. It would generate its own independent funding by a small fee on each domain name registration, but it should never get too big. It would be stakeholder-based, and its legitimacy would have to be renewed regularly by its ability to persuade the various Internet constituency groups that it remained the best solution.

After two years of consultation, vigorous debate and many helpful suggestions and excellent modifications, the Internet Corporation for Assigned Names and Numbers (ICANN) was born in 1998.

Grassroots democracy is by its nature contentious and there have been bumps along the way. Overall, thanks to the efforts of many people who have played pivotal roles like Becky Burr and Andy Pincus who worked with me in the U.S. Government to establish ICANN, Esther Dyson, Vint Cerf, Mike Roberts and Steve Crocker who guided ICANN at key points, and the efforts of many others too numerous to mention who did the hard work of building the organization, ICANN has succeeded.

The political, policy and technical controversies that threatened to stifle or even destroy the Internet in its infancy in the late 1990s did not do so. The Internet is alive and well.

Billions of people now use the Internet. It accommodates a myriad of languages and alphabets. Wi-Fi, mobile devices, applications, and the “Internet of Things,” have all been incorporated. Despite almost unimaginable amounts of data and more addresses and domain names than we ever contemplated, one never reads about technical or legal problems that caused the Internet to break down.

While serious issues of privacy, security and equity must be addressed, no one can doubt that the Internet has created a positive transformation in the way the world communicates and does business. The Internet economy has grown at ten times the rate of the regular economy for more than twenty years now.

Congratulations to all of the people who have made ICANN a success over the past twenty years and to those of you working with ICANN today who will ensure its success over the next twenty years.

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