Index Explanation of the Disad ....................................................................................................................... 2 Glossary ................................................................................................................................................ 3 Negative ............................................................................................................................... 4 1nc & Overview ........................................................................................................................................ 5 1nc.........................................................................................................................................................................6 Impact Overview................................................................................................................................................. 10 Uniqueness .............................................................................................................................................. 13 Nationalization Rising ........................................................................................................................................ 14 Fight Coming ...................................................................................................................................................... 15 Now is key – Need Credibility ............................................................................................................................ 16 Links ....................................................................................................................................................... 19 Fear Nationalization ....................................................................................................................................... 20 Hurts Credibility ................................................................................................................................................. 21 Surveillance Hurts Local Efforts......................................................................................................................... 23 Reversible ........................................................................................................................................................... 24 NSA Link ............................................................................................................................................................ 25 Surveillance Fears ............................................................................................................................................... 27 PRISM link ......................................................................................................................................................... 28 Impacts .................................................................................................................................................... 30 Cyber Terror Likely ............................................................................................................................................ 31 Cyber Terror Kills the Economy ......................................................................................................................... 32 Nationalization Avoids Attacks .......................................................................................................................... 33 Gov’t Control Prevents Attacks .......................................................................................................................... 35 Answer To – “internet good” .............................................................................................................................. 36 Chinese Control Good......................................................................................................................................... 37 Russian Control Good ......................................................................................................................................... 38 Fixes Privacy Issues – Facebook ........................................................................................................................ 40 Prevents Uprisings .............................................................................................................................................. 41 Affirmative ........................................................................................................................ 42 2ac to Nationalization ......................................................................................................................................... 43 Bad for Economy ................................................................................................................................................ 46 Cyber Terror Impact Answer .............................................................................................................................. 49 Hurts the Internet ................................................................................................................................................ 52 Internet Good ...................................................................................................................................................... 54 Russia Controls ................................................................................................................................................... 55 Explanation of the Disad There is a global fight going on about who should control the internet. The United States has been a strong supporter of a totally free and open internet that has no government involvement or control. Other countries, led by China and Russia, think that the government should be able to control the internet. The U.S. is losing the fight globally now because no one trusts us. They think our government just uses access to the internet to spy on people and secretly control it. So, other countries are making moves to nationalize their internets. The plan improves US credibility – and allows us to stop other countries from nationalizing the internet. What does “control of the internet” mean? The Chinese government has a block on certain websites. The Russian government wants to own the cables and networks that provide access to the internet. The Brazilian government wants to own the hard drives and servers where things are stored. Essentially, they want to treat the internet like it is electricity or water – regulated heavily by the government. The U.S. prefers that it be totally unregulated and free. The disad argues that Nationalizing the Internet is good. Government control prevents cyber attacks from happening and allows each country to control their own systems. So, a person in China couldn’t attack the U.S. system without the U.S. knowing who was responsible because of strict government controls – and vice versa – no one in the US could hack into a Russian system. So, to break the disad down into jargon – Uniqueness – governments controlling the internet is coming now. Link – decreasing domestic surveillance improves US credibility – allows us to stop government control. Impact – government control stops cyber attacks. Cyber attacks bad. How does nationalized internet solve cyberterror? If the Russian government controls the access point for all internet access in the country then it is able to monitor and control that internet access. It would be harder, if not impossible, for a single hacker or group of hackers to attack a website, power plant, financial institution, or other group from outside of Russia since it would be detectible. The current system is an open free for all that makes it more difficult to control who is looking into what anywhere in the world. Isn’t a free and open internet a good thing? Probably. But, the disad says the opposite. The internet is probably going to remain free and open for information. The disad assumes that a level of government control would make it more secure. Glossary Balkanize – to separate into groups or categories. In this instance, it refers to breaking the internet up into country-by-country sections. It is a common phrase used to describe the breaking up of something. It is a historical reference to the Balkans region of the world. Several countries were broken up from the larger Soviet Union. It is usually used by people to refer to breaking the internet up into groups. Each country would control their own internet services and access. Cyber – A prefix used to describe anything that happens online. Usually reserved for aggression online. A Cyber crime would be a crime that is done online. Cyber Gambling would be gambling done online. If you read it, it is talking about the internets. Cyberterror – committing an act of terror online. Any attack on a government website, an attempt to gain access to a power plant, or to just generally be violent and destructive is considered cyberterror. The phrase is very broad as the Department of Defense says they experience 60,000 or more cyberterror attempts a day. That obviously would have to include everyone just trying to get onto the websites of the DOD. Cyberwar – use of an attack on someone’s internet access or services during a time of war. Estonia is usually the example. During an invasion, Russia hacked into the Estonians internets and shut them down. This act is often called cyberwar. There are also instances of people saying “cyberwar” to reference fighting and hacking that is going on between countries. DOD – Department of Defense – the cabinet of the United States that is in charge of the military branches and answers to the President. Referenced in a few cards. ICANN – the group that is in charge of maintain all domain names on the internet. Established by the U.S., ICANN is a not-for-profit public-benefit corporation with participants from all over the world dedicated to keeping the Internet secure, stable and interoperable https://www.icann.org/ ITU - International Telecommunication Union – the United Nations specialized agency for information and communication technologies. It is the group that would be given control over the internet internationally – http://www.itu.int/en/Pages/default.aspx Multi-stakeholder – the ICANN and US supported model fro the internet. Everygroup can control and contribute to the internet without government interference. The idea is that Internet governance should mimic the structure of the Internet itself- borderless and open to all Nationalize – when the government takes over something it is nationalized. Health care literature will often reference ‘nationalizing health care.’ This disad will use it to discuss the internet. When the government regulates, controls, and is in charge of something it is said to be nationalized. Partitioned – separated into parts. When a room is partitioned it is divided into parts. If the internet were nationalized it would be partitioned between countries. Negative 1nc & Overview 1nc Nationalization of the internet is coming now Wall Street Journal 6-27-14 [Steve Rosenbush, The Morning Download: Nationalization of Internet Continues as Germany Hangs Up on Verizon, http://blogs.wsj.com/cio/2014/06/27/the-morning-download-nationalization-of-internetcontinues-as-germany-hangs-up-on-verizon/] Good morning. The nationalization of the Internet continues apace. The German government said on Thursday it would end a contract with Verizon Communications Inc. because of concerns that the U.S. National Security Agency had access to customer data maintained by U.S. telecommunications firms, the WSJ’s Anton Troianovski reports. Verizon has provided Internet access and other telecom services to government agencies in Germany. Those contracts will be transferred to Deutsche Telekom AG by 2015, the Interior Ministry said. As the WSJ reports, the move underscores the continuing political headaches for U.S. technology businesses operating abroad, more than a year after former National Security Agency contractor Edward Snowden started revealing the reach of America’s electronic surveillance programs and the alleged cooperation with some U.S. firms. CIOs are on the front lines of the dilemma. To the extent that more businesses are pressured to aid in government surveillance, CIOs should at the very least have a say in how those efforts will work. While those decisions will be made at the CEO and board level, the CIO can help frame the issues by engaging directly with a company’s senior leadership. Their perspective is critical in an area where technology, business and global politics converge. Fears of NSA surveillance is the driving force for nationalizing – only the aff restores US credibility to prevent it Kehl et al 14 [Danielle Kehl et al, July 2014. Policy Analyst at New America’s Open Technology Institute (OTI); Kevin Bankston is the Policy Director at OTI; Robyn Greene is a Policy Counsel at OTI; and Robert Morgus is a Research Associate at OTI. “Surveillance Costs: The NSA’s Impact on the Economy, Internet Freedom & Cybersecurity,” http://oti.newamerica.net/sites/newamerica.net/files/policydocs/Surveilance_Costs_Final.pdf] Although there were questions from the beginning about whether the United States would hold itself to the same high standards domestically that it holds others to internationally, 178 the American government has successfully built up a policy and programming agenda in the past few years based on promoting an open Internet. 179 These efforts include raising concerns over Internet repression in bilateral dialogues with countries such as Vietnam and China, 180 supporting initiatives including the Freedom Online Coalition, and providing over $120 million in funding for “groups working to advance Internet freedom – supporting counter-censorship and secure communications technology, digital safety training, and policy and research programs for people facing Internet repression.” 181 However, the legitimacy of these efforts has been thrown into question since the NSA disclosures began. “Trust has been the principal casualty in this unfortunate affair,” wrote Ben FitzGerald and Richard Butler in December 2013. “The American public, our nation’s allies, leading businesses and Internet users around the world are losing faith in the U.S. government’s role as the leading proponent of a free, open and integrated global Internet.” 182 Prior to the NSA revelations, the United States was already facing an increasingly challenging political climate as it promoted the Internet Freedom agenda in global Internet governance conversations. At the 2012 World Conference on International Telecommunications (WCIT), the U.S. and diverse group of other countries refused to sign the updated International Telecommunications Regulations based on concerns that the document pushed for greater governmental control of the Internet and would ultimately harm Internet Freedom. 183 Many observers noted that the split hardened the division between two opposing camps in the Internet governance debate: proponents of a status quo multistakeholder Internet governance model, like the United States, who argued that the existing system was the best way to preserve key online freedoms, and those seeking to disrupt or challenge that multistakeholder model for a variety of political and economic reasons, including governments like Russia and China pushing for greater national sovereignty over the Internet. 184 Many of the proposals for more governmental control over the network could be understood as attempts by authoritarian countries to more effectively monitor and censor their citizens, which allowed the U.S. to reasonably maintain some moral high ground as its delegates walked out of the treaty conference. 185 Although few stakeholders seemed particularly pleased by the outcome of the WCIT, reports indicate that by the middle of 2013 the tone had shifted in a more collaborative and positive direction following the meetings of the 2013 World Telecommunications/ICT Policy Forum (WTPF) and the World Summit on Information Society + 10 (WSIS+10) review. 186 However, the Internet governance conversation took a dramatic turn after the Snowden disclosures . The annual meeting of the Freedom Online Coalition occurred in Tunis in June 2013, just a few weeks after the initial leaks. Unsurprisingly, surveillance dominated the conference even though the agenda covered a wide range of topics from Internet access and affordability to cybersecurity. 187 Throughout the two-day event, representatives from civil society used the platform to confront and criticize governments about their monitoring practices. 188 NSA surveillance would continue to be the focus of international convenings on Internet Freedom and Internet governance for months to come, making civil society representatives and foreign governments far less willing to embrace the United States’ Internet Freedom agenda or to accept its defense of the multistakeholder model of Internet governance as a anything other than self-serving. “One can come up with all kinds of excuses for why US surveillance is not hypocrisy. For example, one might argue that US policies are more benevolent than those of many other regimes… And one might recognize that in several cases, some branches of government don’t know what other branches are doing… and therefore US policy is not so much hypocritical as it is inadvertently contradictory,” wrote Eli Dourado, a researcher from the Mercatus Center at George Mason University in August 2013. “But the fact is that the NSA is galvanizing opposition to America’s internet freedom agenda.” 189 The scandal revived proposals from both Russia and Brazil for global management of technical standards and domain names, whether through the ITU or other avenues. Even developing countries, many of whom have traditionally aligned with the U.S. and prioritize access and affordability as top issues, “don’t want US assistance because they assume the equipment comes with a backdoor for the NSA. They are walking straight into the arms of Russia, China, and the ITU.” 190 Consequently, NSA surveillance has shifted the dynamics of the Internet governance debate in a potentially destabilizing manner. The Snowden revelations “have also been well-received by those who seek to discredit existing approaches to Internet governance,” wrote the Center for Democracy & Technology’s Matthew Shears. “There has been a long-running antipathy among a number of stakeholders to the United States government’s perceived control of the Internet and the dominance of US Internet companies. There has also been a long-running antipathy, particularly among some governments, to the distributed and open management of the Internet.” 191 Shears points out that evidence of the NSA’s wide-ranging capabilities has fueled general concerns about the current Internet governance system, bolstering the arguments of those calling for a new government-centric governance order. At the UN Human Rights Council in September 2013, the representative from Pakistan—speaking on behalf of Cuba, Venezuela, Zimbabwe, Uganda, Ecuador, Russia, Indonesia, Bolivia, Iran, and China—explicitly linked the revelations about surveillance programs to the need for reforming Internet governance processes and institutions to give governments a larger role. 192 Surveillance issues continued to dominate the conversation at the 2013 Internet Governance Forum in Bali as well, where “debates on child protection, education and infrastructure were overshadowed by widespread concerns from delegates who said the public’s trust in the internet was being undermined by reports of US and British government surveillance.” 193 Further complicating these conversations is the fact that several of the institutions that govern the technical functions of the Internet are either tied to the American government or are located in the United States. Internet governance scholar Milton Mueller has described how the reaction to the NSA disclosures has become entangled in an already contentious Internet governance landscape. Mueller argues that, in addition to revealing the scale and scope of state surveillance and the preeminent role of the United States and its partners, the NSA disclosures may push other states toward a more nationally partitioned Internet and “threaten… in a very fundamental way the claim that the US had a special status as neutral steward of Internet governance.” 194 These concerns were publicly voiced in October 2013 by the heads of a number of key organizations, including the President of the Internet Corporation for Assigned Names and Numbers (ICANN) and the chair of the Internet Engineering Task Force (IETF), in the Montevideo Statement on the Future of Internet Cooperation. Their statement expressed “strong concern over the undermining of the trust and confidence of Internet users globally due to recent revelations of pervasive monitoring and surveillance” and “called for accelerating the globalization of ICANN and Internet Assigned Numbers Authority (IANA) functions, towards an environment in which all stakeholders, including 22 all governments, participate on an equal footing.” 195 In particular, the process of internationalizing ICANN— which has had a contractual relationship with the Commerce Department’s National Telecommunications and Information Association (NTIA) since 1998—has progressed in recent months. 196 Cyber threats are real and happening – government control is key to prevent attacks that could crush the international system Renda, Senior Research Fellow, Centre for European Policy Studies, 2013 [Andrea Renda, Cybersecurity and Internet Governance, May 3, 2013, http://www.cfr.org/councilofcouncils/global_memos/p32414] Cybersecurity is now a leading concern for major economies. Reports indicate that hackers can target the U.S. Department of Justice or Iranian nuclear facilities just as easily as they can mine credit card data. Threats have risen as the Internet has become a critical infrastructure for the global economy, with thousands of operations migrating onto it. For example, the innocuous practice of bring-your-own-device to work presents mounting dangers due to malware attacks-software intended to corrupt computers. Between April and December 2012, the types of threats detected on the Google Android platform increased by more than thirty times from 11,000 to 350,000, and are expected to reach one million in 2003, according to security company Trend Micro (See Figure 1). Put simply, as the global economy relies more on the Internet, the latter becomes increasingly insidious. There is no doubt that the Internet is efficient. But it now needs a more concerted global effort to preserve its best aspects and guard against abuses. The rise of the digital cold war Cyber threats and cyberattacks also reveal an escalating digital cold war. For years the United States government has claimed that cyberattacks are mainly state-sponsored, initiated predominantly by China, Iran, and Russia. The penetration of the U.S. Internet technology market by corporations such as Huawei, subsidized by the Chinese government, has led to more fears that sensitive information is vulnerable. After an explicit exchange of views between President Barack Obama and President Xi Jinping in February 2013, the United States passed a new spending law that included a cyber espionage review process limiting U.S. government procurement of Chinese hardware. U.S. suspicions intensified when Mandiant, a private information security firm, released a report detailing cyber espionage by a covert Chinese military unit against 100 U.S. companies and organizations. In March 2013, the U.S. government announced the creation of thirteen new teams of computer experts capable to retaliate if the United States were hit by a major attack. On the other hand, Chinese experts claim to be the primary target of state-sponsored attacks, largely originating from the United States. But in reality the situation is more complex. Table 1 shows that cyberattacks in March 2013 were most frequently launched from Russia and Germany, followed by Taiwan and the United States. What is happening to the Internet? Created as a decentralized network, the Internet has been a difficult place for policymakers seeking to enforce the laws of the real world. Distributed Denial of Service (DDoS) attacks—consisting of virus infected systems (Botnet) targeting a single website leading to a Denial of Service for the end user—became a harsh reality by 2000, when companies such as Amazon, eBay, and Yahoo! had been affected. These costs stem from the direct financial damage caused by loss of revenue during an attack, disaster recovery costs associated with restoring a company's services, a loss of customers following an attack, and compensation payments to customers in the event of a violation of their service level agreements. As the Internet permeates everyday life, the stakes are becoming even higher. In a few years, society could delegate every aspect of life to information technology imagine driverless cars, machine-to-machine communications, and other trends that will lead to the interconnection of buildings to trains, and dishwashers to smartphones. This could open up these societies to previously unimaginable disruptive cyber events. What is as concerning is that in cyberspace, attacks seem to have a structural lead over defense capabilities: it can be prohibitively difficult to foresee where, how, and when attackers will strike. Confronted with this challenge, the global community faces a dilemma. The neutrality of the Internet has proven to be a formidable ally of democracy, but the cost of protecting users' freedom is skyrocketing. Critical services, such as e-commerce or e-health, might never develop if users are not able to operate in a more secure environment. Moreover, some governments simply do not like ideas to circulate freely. Besides the "giant cage" built by China to insulate its Internet users, countries like Pakistan have created national firewalls to monitor and filter the flow of information on the network. And even the Obama administration, which has most recently championed Internet freedom initiatives abroad, is said to be cooperating with private telecoms operators on Internet surveillance, and Congress is discussing a new law imposing information sharing between companies and government on end-user behavior, which violates user privacy. The question becomes more urgent every day: Should the Internet remain an end-to-end, neutral environment, or should we sacrifice Internet freedom on the altar of enhanced security? The answer requires a brief explanation of how the Internet is governed, and what might change. The end of the Web as we know it? Since its early days, the Internet has been largely unregulated by public authorities, becoming a matter for private selfregulation by engineers and experts, who for years have taken major decisions through unstructured procedures. No doubt, this has worked in the past. But as cyberspace started to expand, the stakes began to rise. Informal bodies such as the Internet Corporation for Assigned Names and Numbers (ICANN)—a private, U.S.-based multi-stakeholder association that rules on domain names and other major aspects of the Internet have been increasingly put under the spotlight. Recent ICANN rulings have exacerbated the debate over the need for more government involvement in Internet governance, either through a dedicated United Nations agency or through the International Telecommunications Union (ITU), an existing UN body that ensures international communication and facilitates deployment of telecom infrastructure. But many experts fear that if a multistakeholder model is abandoned, the World Wide Web would cease to exist as we know it. Last year's World Conference on International Telecommunications, held in Dubai, hosted a heated debate on the future of cyberspace. Every stakeholder was looking for a different outcome. The ITU looked to expand its authority over the Internet; European telecoms operators wanted to secure more revenues by changing the rules for exchanging information between networks; China, Russia, and India wanted stronger government control over the Internet; the United States and Europe stood to protect the multi-stakeholder model of ICANN; and a group of smaller countries sought to have Internet access declared a human right. When a new treaty was finally put to vote, unsurprisingly, as many as fifty-five countries (including the United States and many EU member states) decided not to sign. Since then, the question on how the Internet will be governed remains unresolved. Cyber attacks between states results in great power war GABLE 10 Adjunct Professor of Public International Law, Drexel University Earle Mack School of Law [Kelly A. Gable, Cyber-Apocalypse Now: Securing the Internet Against Cyberterrorism and Using Universal Jurisdiction as a Deterrent, Vanderbilt Journal of Transnational Law, January, 2010, 43 Vand. J. Transnat'l L. 57] Spoofing attacks are concentrated on impersonating a particular user or computer, usually in order to launch other types of attacks. n122 Spoofing is often committed in connection with password sniffing; after obtaining a user's log-in and password, the spoofer will log in to the computer and masquerade as the legitimate user. The cyberterrorist typically does not stop there, instead using that computer as a bridge to another, hopping in this fashion from computer to computer. This process, called "looping," effectively conceals the spoofer's identity, especially because he or she may have jumped back and forth across various national boundaries. n123 Even more disturbing is the possibility of misleading entire governments into believing that another, potentially hostile government is attempting to infiltrate its networks. Imagine that a cyberterrorist perpetrates an attack on the network maintained by the U.S. Treasury and steals millions of dollars, transferring the money to his own account to be used for funding further terrorist activities. n124 He has used the spoofing technique, however, which causes the U.S. government to believe the Russian government to be behind the attack and to accuse them of the attack. The Russian government denies the accusation and is insulted at the seemingly unprovoked hostility. Tensions between the governments escalate and boil over, potentially resulting in war . Though this may be only a hypothetical example, it is frighteningly plausible . In fact, it may have been used in the attacks on U.S. and South Korean websites - the South Korean government initially was so certain that North Korea was behind the attack that it publicly accused the North Korean government, despite already tense relations. n125 Similarly, in the 2007 attack on Estonia, Estonian authorities were so certain that the Russian government was behind the attack that they not only publicly accused them but requested military assistance from NATO in responding to the attack. n126 It was later determined that Russia was not behind the attack and that at least some of the attackers were located in Brazil and Vietnam. n127 Impact Overview Government control prevents cyber attacks – allows them to create bottlenecks and detection devices that prevent attacks from occurring. And cyber attacks between states risk global nuclear wars – our evidence cites the U.S. and Russia as likely to be attacked and escalate. A successful attack would take milliseconds, couldn’t be stopped, and escalates. WALL 11 Senior Associate with Alston & Bird LLP; former senior legal advisor for U.S. Special Operations Command Central [Andru E. Wall, Demystifying the Title 10-Title 50 Debate: Distinguishing Military Operations, Intelligence Activities & Covert Action, Harvard National Security Journal] Cyberwarfare differs from other forms of warfare in that the skills or tools necessary to collect intelligence in cyberspace are often the same skills or tools required to conduct cyber attack. Furthermore, the time lag between collecting information and the need to act upon that information may be compressed to milliseconds. Unlike the traditional warfighting construct where intelligence officers collect and analyze information before passing that information on to military officers who take direct action, cyber attack may require nearly simultaneous collection, analysis, and action. The same government hacker may identify an enemy computer network, [*122] determine its strategic import, and degrade its capabilities all in a matter of seconds. This is precisely why President Obama put the same man in charge of cyber intelligence activities and military cyber operations. This is also the reason Congress evidenced considerable apprehension and asked many questions about authorities and oversight. After all, congressional oversight retains its antiquated, stovepiped organizational structure and presumes a strict separation between intelligence activities and military operations even when no such separation is legally required. Cyber apocalypse will happen if the structure of the internet isn’t made safer Gable, Adjunct Professor of Public International Law, Drexel University Earle Mack School of Law, 2010 [Kelly A. Gable, Cyber-Apocalypse Now: Securing the Internet Against Cyberterrorism and Using Universal Jurisdiction as a Deterrent, VANDERBILT JOURNAL OF TRANSNATIONAL LAW, Vol. 43:57] VI. CONCLUSION Cyberterrorism poses perhaps the greatest threat to national and international security since the creation of weapons of mass destruction. As states and their economies become increasingly intertwined, largely due to the Internet and the international financial system of global trade, the effects of a cyberterrorist attack will be greater. Similarly, as cyberterrorists gain experience in disrupting national governments and shutting down critical infrastructure, their attacks likely will become increasingly successful. Although states, private industry, and international organizations have made significant efforts to increase international cooperation, much more needs to be done. In taking action, however, it must be understood that, due to the fundamental weakness of the structure of the Internet, those additional efforts will not completely prevent cyberterrorism. As a result, further efforts at international cooperation and international standards must be part of a layered approach to cyberterrorism that also includes deterrence. As a result of the realities inherent to cyberspace, the most feasible way to deter cyberterrorism is through the international law principle of universal jurisdiction. This is not to say that territorial jurisdiction (or nationality, passive personality, or protective jurisdiction) could not be used to prosecute cyberterrorists, should there be sufficient information and state willingness to exercise other forms of jurisdiction. It is merely to say that universal jurisdiction is likely to be the most feasible manner of prosecution and, therefore, deterrence. A layered approach of mitigation and deterrence can reduce the threat of cyberterrorism substantially. Unless and until states are willing to exercise universal jurisdiction over cyberterrorist acts as part of that layered approach, however, it is only a matter of time before cyberterrorists are able to unleash a cyber-apocalypse. Cyber war causes extinction. Rothkopf 11 (David, Visiting Scholar at Carnegie, “Where Fukushima meets Stuxnet: The growing threat of cyber war”, 3/17/11, http://rothkopf.foreignpolicy.com/posts/2011/03/17/where_fukushima_meets_stuxnet_the_growing_threat_of_cyber_war) The Japanese nuclear crisis, though still unfolding, may, in a way, already be yesterday's news. For a peek at tomorrow's, review the testimony of General Keith Alexander, head of U.S. Cyber Command. Testifying before Congress this week and seeking support to pump up his agency budget, the general argued that all future conflicts would involve cyber warfare tactics and that the U.S. was ill-equipped to defend itself against them. do not have the capacity to do everything we need to accomplish. To put it bluntly, we are very thin, and a crisis would quickly stress our cyber forces . ... This is not a hypothetical danger." Alexander said, "We are finding that we The way to look at this story is to link in your mind the Stuxnet revelations about the reportedly U.S. and Israeli-led cyber attacks on the Iranian nuclear enrichment facility at Natanz and the calamities at the Fukushima power facilities over the past week. While seemingly unconnected, the stories together speak to the before and after of what cyber conflict may look like. Enemies will be able to target one another's critical infrastructure as was done by the U.S. and Israeli team (likely working with British and German assistance) targeting the Iranian program and burrowing into their operating systems, they will seek to produce malfunctions that bring economies to their knees, put societies in the dark, or undercut national defenses. Those infrastructures might well be nuclear power systems and the results could be akin to what we are seeing in Japan. (Although one power company executive yesterday joked to me that many plants in the U.S. would be safe because the technology they use is so old that software hardly plays any role in it at all. This hints at a bit of a blessing and a curse in the fractured U.S. power system: it's decentralized which makes it hard to target overall but security is left to many power companies that lack the sophistication or resources to anticipate, prepare for or manage the growing threats.) Importantly, not only does the apparent success of the Stuxnet worm demonstrate that such approaches are now in play but it may just be the tip of the iceberg . I remember over a decade ago speaking to one of the top U.S. cyber defenders who noted that even during the late 90s banks were losing millions and millions every year to cyber theft -- only they didn't want to report it because they felt it would spook customers. (Yes.) Recently, we have seen significant market glitches worldwide that could easily have been caused by interventions rather than just malfunctions. A couple years back I participated in a scenario at Davos in which just such a manipulation of market data was simulated and the conclusion was it wouldn't take much to undermine confidence in the markets and perhaps even force traders to move to paper trading or other venues until it was restored. It wouldn't even have to be a real cyber intrusion -- just the perception that one might have happened. What makes the nuclear threat so unsettling to many is that it is invisible . It shares this with the cyber threat. But the cyber attacks have other dimensions that suggest that General Alexander is not just trying to beef up his agency's bank accounts with his description of how future warfare will always involve a cyber component. Not only are they invisible but it is hard to detect who has launched them, so hard, in fact, that one can imagine future tense international relationships in which opposing sides were constantly, quietly, engaging in an undeclared but damaging "non-war," something cooler than a Cold War because it is stripped of rhetoric and cloaked in deniability, but which might be much more damaging. While there is still ongoing debate about the exact definition of cyber warfare there is a growing consensus that the threats posed by both state-sponsored and non-state actors to power grids, telecom systems, water supplies, transport systems and computer networks are reaching critical levels. This is the deeply unsettling situation effectively framed by General Alexander in his testimony and rather than having been obscured by this week's news it should only have been amplified by it. Uniqueness Nationalization Rising Nationalization is the trend Blankenhorn, business journalist & Seeking Alpha Contributor, 2015 [Dana Blankenhorn, The Big Threat To Google Is Nationalizing The Internet, http://seekingalpha.com/article/3072296-the-big-threat-to-google-is-nationalizing-the-internet] Every national government has no-go zones, and Google goes there as part of its basic mission. As national governments clamp down on, or seek to control the resource, they go against Google. It's an age of Information War, and Google is in the crosshairs. The biggest trend of the last five years , whether we're talking about business, politics, or society, has been the nationalization of the Internet. The Internet was designed as an international medium. It was designed to be open and free. But nearly every national government has no-go zones, things they don't want covered, debated, or even discussed. Being a journalist has never been so hazardous for this reason - information is now a weapon. Fight Coming Fight over internet control coming and real Goldstein, Writer for the Atlantic, 2014 [Gordon M. Goldstein, The End of the Internet?, http://www.theatlantic.com/magazine/archive/2014/07/the-end-of-the-internet/372301/] The World Wide Web celebrated its 25th birthday recently. Today the global network serves almost 3 billion people, and hundreds of thousands more join each day. If the Internet were a country, its economy would be among the five largest in the world. In 2011, according to the World Economic Forum, growth in the digital economy created 6 million new jobs. The McKinsey Global Institute estimates that transborder online traffic grew 18-fold between 2005 and 2012 and that the global flow of goods, services, and investments— which reached $26 trillion in 2012—could more than triple by 2025. Facebook has launched a major initiative, in partnership with tech giants including Samsung and Qualcomm, dedicated to making the Internet available to the approximately two-thirds of the world’s population not yet connected. Cisco forecasts that between 2013 and 2022, the so-called Internet of Things will generate $14.4 trillion in value for global enterprises. Yet all of this growth and increasing connectedness, which can seem both effortless and unstoppable, is now creating enormous friction, as yet largely invisible to the average surfer. It might not remain that way for much longer. Fierce and rising geopolitical conflict over control of the global network threatens to create a balkanized system—what some technorati, including Google’s executive chairman, Eric Schmidt, have called “the splinternet.” “I’m the most optimistic person I know on almost every topic,” the Internet entrepreneur Marc Andreessen recently said in a public interview, and “I’m incredibly concerned.” Andreessen said it is an “open question” whether the Internet five years from now “will still work the way that it does today.” Now is key – Need Credibility Firm US commitment to Internet freedom at Busan vital to curb global regulations that will cause Internet fragmentation McDowell, Chair-FCC, 13 [2/15, “Commissioner McDowell Congressional Testimony,” http://www.fcc.gov/document/commissioner-mcdowell-congressional-testimony] Thank you Chairman Upton, Ranking Member Waxman, Chairman Royce, Ranking Member Engel, Chairman Walden, Ranking Member Eshoo, Chairman Poe, Ranking Member Sherman, Chairman Smith and Ranking Member Bass. It is an honor to be before you during this rare joint hearing. Thank you for inviting me. It is a privilege to testify before such a rare meeting of three subcommittees and beside such a distinguished group on this panel. Ladies and gentlemen, the Internet is under assault. As a result, freedom, prosperity and the potential to improve the human condition across the globe are at risk. Any questions regarding these assertions are now settled. Last year’s allegations that these claims are exaggerated no longer have credibility. In my testimony today, I will make five fundamental points: 1) Proponents of multilateral intergovernmental control of the Internet are patient and persistent incrementalists who will never relent until their ends are achieved; 2) The recently concluded World Conference on International Telecommunications (“WCIT”) ended the era of an international consensus to keep intergovernmental hands off of the Internet in dramatic fashion, thus radically twisting the one-way ratchet of even more government regulation in this space; 3) Those who cherish Internet freedom must immediately redouble their efforts to prevent further expansions of government control of the Internet as the pivotal 2014 Plenipotentiary meeting of the International Telecommunication Union (“ITU”)1 quickly draws nearer; 4) Merely saying “no” to any changes is – quite obviously – a losing proposition; therefore we should work to offer alternate proposals such as improving the longstanding and highly successful, non-governmental, multi-stakeholder model of Internet governance to include those who may feel disenfranchised; and 5) Last year’s bipartisan and unanimous Congressional resolutions clearly opposing expansions of international powers over the Internet reverberated throughout the world and had a positive and constructive effect. I. Proponents of multilateral intergovernmental control of the Internet are patient and persistent incrementalists who will never relent until their ends are achieved. First, it is important to note that as far back as 2003 during the U.N.’s Summit on the Information Society (“WSIS”), the U.S. found itself in the lonely position of fending off efforts by other countries to exert U.N. and other multilateral control over the Internet. In both 2003 and 2005, due to the highly effective leadership of my friend Ambassador David Gross – and his stellar team at the Department of State – champions of Internet freedom were able to avert this crisis by enhancing the private sector multi-stakeholder governance model through the creation of entities such as the Internet Governance Forum (“IGF”) where all stakeholders, including governments, could meet to resolve challenges. Solutions should be found through consensus rather than regulation, as had always been the case with the Internet’s affairs since it was opened up for public use in the early 1990’s.2 Nonetheless, countries such as China, Russia, Iran, Saudi Arabia and scores of their allies never gave up their regulatory quest. They continued to push the ITU, and the U.N. itself, to regulate both the operations, economics and content of the Net. Some proposals were obvious and specific while others were insidious and initially appeared innocuous or insignificant. Many defenders of Internet freedom did not take these proposals seriously at first, even though some plans explicitly called for: • Changing basic definitions contained in treaty text so the ITU would have unrestricted jurisdiction over the Internet;3 • Allowing foreign phone companies to charge global content and application providers internationally mandated fees (ultimately to be paid by all Internet consumers) with the goal of generating revenue for foreign government treasuries;4 • Subjecting cyber security and data privacy to international control, including the creation of an international “registry” of Internet addresses that could track every Internet-connected device in the world;5 • Imposing unprecedented economic regulations of rates, terms and conditions for currently unregulated Internet traffic swapping agreements known as “peering;”6 • Establishing ITU dominion over important non-profit, private sector, multistakeholder functions, such as administering domain names like the .org and .com Web addresses of the world;7 • Subsuming into the ITU the functions of multi-stakeholder Internet engineering groups that set technical standards to allow the Net to work;8 • Centralizing under international regulation Internet content under the guise of controlling “congestion,” or other false pretexts; and many more.9 Despite these repeated efforts, the unanimously adopted 1988 treaty text that helped insulate the Internet from international regulation, and make it the greatest deregulatory success story of all time, remained in place. Starting in 2006, however, the ITU’s member states (including the U.S.) laid the groundwork for convening the WCIT.10 The purpose of the WCIT was to renegotiate the 1988 treaty. As such, it became the perfect opportunity for proponents of expanded regulation to extend the ITU’s reach into the Internet’s affairs. In fact, in 2011, thenRussian Prime Minister Vladimir Putin summed it up best when he declared that his goal, and that of his allies, was to establish “international control over the Internet” through the ITU.11 Last month in Dubai, Mr. Putin largely achieved his goal. II. December’s WCIT ended the era of international consensus to keep intergovernmental hands off of the Internet in dramatic fashion. Before the WCIT, ITU leadership made three key promises: 1) No votes would be taken at the WCIT; 2) A new treaty would be adopted only through “unanimous consensus;” and 3) Any new treaty would not touch the Internet.12 All three promises were resoundingly broken.13 As a result of an 89-55 vote, the ITU now has unprecedented authority over the economics and content of key aspects of the Internet.14 Although the U.S. was ultimately joined by 54 other countries in opposition to the new treaty language, that figure is misleading. Many countries, including otherwise close allies in Europe, were willing to vote to ensnare the Internet in the tangle of intergovernmental control until Iran complicated the picture with an unacceptable amendment. In short, the U.S. experienced a rude awakening regarding the stark reality of the situation: when push comes to shove, even countries that purport to cherish Internet freedom are willing to surrender. Our experience in Dubai is a chilling foreshadow of how international Internet regulatory policy could expand at an accelerating pace. Specifically, the explicit terms of the new treaty language give the ITU policing powers over “SPAM,” and attempt to legitimize under international law foreign government inspections of the content of Internet The bottom line is, countries have given the ITU jurisdiction over the Internet’s operations and content. Many more were close to joining them. More broadly, pro-regulation forces succeeded in upending decades of consensus on the meaning of crucial treaty definitions that were universally understood to insulate Internet service providers, as well as Internet content and application providers, from intergovernmental control by changing the treaty’s definitions.16 Many of the same countries, as well as the ITU itself,17 brazenly argued that the old treaty text from 1988 gave the ITU broad jurisdiction over the Internet.18 If these regulatory expansionists are willing to conjure ITU authority where clearly none existed, their control-hungry imaginations will see no limits to the ITU’s authority over the Internet’s affairs under the new treaty language. Their appetite for regulatory expansionism is insatiable as they envision the omniscience of regulators able to replace the billions of daily decisions that allow the Internet to blossom and transform the human condition like no other technology in human history. At the same time, worldwide consumer demand is driving technological convergence. As a result, companies such as Verizon, Google, AT&T, Amazon, Microsoft, Netflix, and many more in the U.S. and in other countries, are building across borders thousands of miles of fiber optics to connect sophisticated routers that bring voice, video and data services more quickly to consumers tucked into every corner of the globe. From an engineering perspective, the technical architecture and service offerings of these companies look the same. Despite this communications to assess whether they should be censored by governments under flimsy pretexts such as network congestion.15 wonderful convergence, an international movement is growing to foist 19th Century regulations designed for railroads, telegraphs and vanishing analog voice phone monopolies onto new market players that are much different from the monoliths of yore. To be blunt, these dynamic new wonders of the early 21st Century are inches away from being smothered by innovationcrushing old rules designed for a different time. The practical effect of expanded rules would be to politicize engineering and business decisions inside sclerotic intergovernmental bureaucracies. If this trend continues, Internet growth would be most severely impaired in the developing world. But even here, as brilliant and daring technologists work to transform the world, they could be forced to seek bureaucratic permission to innovate and invest. In sum, the dramatic encroachments on Internet freedom secured in Dubai will serve as a stepping stone to more international regulation of the Internet in the very near future. The result will be devastating even if the United States does not ratify these toxic new treaties. We must waste no time fighting to prevent further governmental expansion into the Internet’s affairs at the upcoming ITU Plenipotentiary in 2014. Time is of the essence. While we debate what to do next, Internet freedom’s foes around the globe are working hard to exploit a treaty negotiation that dwarfs the importance of the WCIT by orders of magnitude. In 2014, the ITU will conduct what is literally a constitutional convention, called a “plenipotentiary” meeting, which will define the ITU’s mission for years to come. Its constitution will be rewritten and a new Secretary General will be elected. This scenario poses both a threat and an opportunity for Internet freedom. The outcome of this massive treaty negotiation is uncertain, but the momentum favors those pushing for more Internet regulation. More immediately, the World Telecommunications Policy/ICT Forum (“WTPF”), which convenes in Geneva this May, will focus squarely on Internet governance and will shape the 2014 Plenipotentiary. Accordingly, the highest levels of the U.S. Government must make this cause a top priority and recruit allies in civil society, the private sector and diplomatic circles around the world. The effort should start with the President immediately making appointments to fill crucial vacancies in our diplomatic ranks. The recent departures of my distinguished friend, Ambassador Phil Verveer, his legendary deputy Dick Beaird, as well as WCIT Ambassador Terry Kramer, have left a hole in the United States’ ability to advocate for a constructive – rather than destructive – Plenipot. America and Internet freedom’s allies simply cannot dither again. If we do, we will fail, and global freedom and prosperity will suffer. We should work to offer constructive alternative proposals, such as improving the highly successful multi-stakeholder model of Internet governance to include those who feel disenfranchised. As I warned a year ago, merely saying “no” to any changes to the multi-stakeholder Internet governance model has recently proven to be a losing proposition.19 Ambassador Gross can speak to this approach far better than can I, but using the creation of the IGF as a model, we should immediately engage with all countries to encourage a dialogue among all interested parties, including governments, civil society, the private sector, non-profits and the ITU, to broaden the multi-stakeholder umbrella to provide those who feel disenfranchised from the current structure with a meaningful role in shaping the evolution of the Internet. Primarily due to economic and logistical reasons, many developing world countries are not able to play a role in the multi-stakeholder process. This is unacceptable and should change immediately. Developing nations stand to gain the most from unfettered Internet connectivity, and they will be injured the most by centralized multilateral control of its operations and content. V. Last year’s bipartisan and unanimous Congressional resolutions clearly opposing expansions of international powers over the Internet reverberated around the world and had a positive and constructive effect, but Congress must do more. In my nearly seven years of service on the FCC, I have been amazed by how closely every government and communications provider on the globe studies the latest developments in American communications policy. In fact, we can be confident that this hearing is streaming live in some countries, and is being blocked by government censors in others. Every detail of our actions is scrutinized. It is truly humbling to learn that even my statements have been read in Thailand and Taiwan, as well as translated into Polish and Italian. And when Congress speaks, especially when it speaks with one loud and clear voice, as it did last year with the unanimous and bipartisan resolutions concerning the WCIT, an uncountable number of global policymakers pause to think. Time and again, I have been told by international legislators, ministers, regulators and business leaders that last year’s resolutions had a positive effect on the outcome of the WCIT. Although Internet freedom suffered as a result of the WCIT, many even more corrosive proposals did not become international law in part due to your actions.20 IV. Conclusion. And so, I ask you in the strongest terms possible, to take action and take action now. Two years Let us tell the world that we will be resolute and stand strong for Internet freedom. All nations should join us. Thank you for having me appear before hence, let us not look back at this moment and lament how we did not do enough. We have but one chance. you today. I look forward to your questions. Links Fear Nationalization Fear of U.S. surveillance directly causes Internet nationalization. WSJ, 6/27/2014. Steve Rosenbush, Editor. “The Morning Download: Nationalization of Internet Continues as Germany Hangs Up on Verizon,” Wall Street Journal, http://blogs.wsj.com/cio/2014/06/27/the-morning-download-nationalization-ofinternet-continues-as-germany-hangs-up-on-verizon/. Good morning. The nationalization of the Internet continues apace. The German government said on Thursday it would end a contract with Verizon Communications Inc. because of concerns that the U.S. National Security Agency had access to customer data maintained by U.S. telecommunications firms , the WSJ’s Anton Troianovski reports. Verizon has provided Internet access and other telecom services to government agencies in Germany. Those contracts will be transferred to Deutsche Telekom AG by 2015, the Interior Ministry said. As the WSJ reports, the move underscores the continuing political headaches for U.S. technology businesses operating abroad, more than a year after former National Security Agency contractor Edward Snowden started revealing the reach of America’s electronic surveillance programs and the alleged cooperation with some U.S. firms. Hurts Credibility It’s specifically wrecked our global negotiating position on Internet freedom. Adam Bender, 7/23/2013. “Has PRISM surveillance undermined Internet freedom advocates?” Computer World, http://www.computerworld.com.au/article/521619/has_prism_surveillance_undermined_internet_freedom_advocates_/. The US surveillance program PRISM has severely threatened the continued freedom of Internet advocates, according to Internet Society (ISOC) regional bureau director for Asia-Pacific, Rajnesh Singh. Recent reports have revealed the NSA, under a program called PRISM, is collecting metadata about US phone calls, which includes information about a call—including time, duration and location—but not the content of the call itself. Also, the NSA is collecting data on Internet traffic from major Internet companies including Google and Microsoft. “What’s happened with PRISM and the fallout we’ve seen is probably the greatest threat we have seen to the Internet in recent times,” Singh said at an ISOC-AU event last night in Sydney. Singh, who said he was speaking for himself and not necessarily ISOC as a whole, claimed that the spying program has undermined the positions of Internet advocates in the United States, United Kingdom, Canada and Australia, which historically have been “bastions of Internet freedom”. “What’s happened with PRISM is these four or five countries are suddenly the enemy within,” he said. “The argument [for Internet freedom] doesn’t hold water any more and that’s really made work difficult for us.” At last year’s World Conference on International Telecommunications (WCIT) treaty talks, countries including Russia, China and Iran made proposals to regulate Internet content that could have had “very bad implications for the Internet going forward”, Singh said. Many of the proposals were defeated through talks leading up to the treaty, he said. “But what happened of course was that the countries at the forefront were Australia, US, UK [and] Canada.” After news about PRISM broke, a delegate from another country who had supported the four countries in walking out on the treaty told Singh that they now regretted the decision. According to Singh, the delegate said, “My government is sorry that we didn’t sign the [WCIT treaty] because now we realise what the real agenda was for the US and Australia and the UK and Canada. It wasn’t to protect the Internet; it was to protect their own surveillance interests.” Undermines our leverage for international negotiations --- countries turning to Russia and China. Megan Gates, 7/29/2014. “NSA's Actions Threaten U.S. Economy and Internet Security, New Report Suggests,” Security Management, http://www.securitymanagement.com/news/nsas-actions-threaten-us-economy-and-internet-security-new-reportsuggests-0013601. The report’s authors also suggested that the NSA disclosures have “undermined American credibility” when it comes to the Internet Freedom Agenda. In 2010, the United States began promoting a policy of an open and free Internet, but the recent disclosures about the NSA have “led many to question the legitimacy of these efforts in the past year.” “Concrete evidence of U.S. surveillance hardened the positions of authoritarian governments pushing for greater national control over the Internet and revived proposals from both Russia and Brazil for multilateral management of technical standards and domain names, whether through the International Telecommunications Union (ITU) or other avenues,” according to the report. Many developing nations are now declining to work with the United States and are instead embracing assistance from Russia, China, and the ITU when it comes to Internet availability and control for their citizens. Seriously harmed our leverage in international debates. Danielle Kehl et al, July 2014. Policy Analyst at New America’s Open Technology Institute (OTI); Kevin Bankston is the Policy Director at OTI; Robyn Greene is a Policy Counsel at OTI; and Robert Morgus is a Research Associate at OTI. “Surveillance Costs: The NSA’s Impact on the Economy, Internet Freedom & Cybersecurity,” http://oti.newamerica.net/sites/newamerica.net/files/policydocs/Surveilance_Costs_Final.pdf. Mandatory data localization proposals are just one of a number of ways that foreign governments have reacted to NSA surveillance in a manner that threatens U.S. foreign policy interests, particularly with regard to Internet Freedom. There has been a quiet tension between how the U.S. approaches freedom of expression online in its foreign policy and its domestic laws ever since Secretary of State Hillary Clinton effectively launched the Internet Freedom agenda in January 2010. 170 But the NSA disclosures shined a bright spotlight on the contradiction: the U.S. government promotes free expression abroad and aims to prevent repressive governments from monitoring and censoring their citizens while simultaneously supporting domestic laws that authorize surveillance and bulk data collection. As cybersecurity expert and Internet governance scholar Ron Deibert wrote a few days after the first revelations: “There are unintended consequences of the NSA scandal that will undermine U.S. foreign policy interests – in particular, the ‘Internet Freedom’ agenda espoused by the U.S. State Department and its allies.” 171 Deibert accurately predicted that the news would trigger reactions from both policymakers and ordinary citizens abroad, who would begin to question their dependence on American technologies and the hidden motivations behind the United States’ promotion of Internet Freedom. In some countries, the scandal would be used as an excuse to revive dormant debates about dropping American companies from official contracts, score political points at the expense of the United States, and even justify local monitoring and surveillance. Deibert’s speculation has so far proven quite prescient. As we will describe in this section, the ongoing revelations have done significant damage to the credibility of the U.S. Internet Freedom agenda and further jeopardized the United States’ position in the global Internet governance debates. Surveillance Hurts Local Efforts NSA surveillance also crushed the leverage of international civil society groups --prevents them from lobbying their governments for open Internet. Danielle Kehl et al, July 2014. Policy Analyst at New America’s Open Technology Institute (OTI); Kevin Bankston is the Policy Director at OTI; Robyn Greene is a Policy Counsel at OTI; and Robert Morgus is a Research Associate at OTI. “Surveillance Costs: The NSA’s Impact on the Economy, Internet Freedom & Cybersecurity,” http://oti.newamerica.net/sites/newamerica.net/files/policydocs/Surveilance_Costs_Final.pdf. The effects of the NSA disclosures on the Internet Freedom agenda go beyond the realm of Internet governance. The loss of the United States as a model on Internet Freedom issues has made it harder for local civil society groups around the world—including the groups that the State Department’s Internet Freedom programs typically support 203 —to advocate for Internet Freedom within their own governments. 204 The Committee to Protect Journalists, for example, reports that in Pakistan, “where freedom of expression is largely perceived as a Western notion, the Snowden revelations have had a damaging effect. The deeply polarized narrative has become starker as the corridors of power push back on attempts to curb government surveillance.” 205 For some of these groups, in fact, even the appearance of collaboration with or support from the U.S. government can diminish credibility, making it harder for them to achieve local goals that align with U.S. foreign policy interests. 206 The gap in trust is particularly significant for individuals and organizations that receive funding from the U.S. government for free expression activities or circumvention tools. Technology supported by or exported from the United States is, in some cases, inherently suspect due to the revelations about the NSA’s surveillance dragnet and the agency’s attempts to covertly influence product development. Moreover, revelations of what the NSA has been doing in the past decade are eroding the moral high ground that the United States has often relied upon when putting public pressure on authoritarian countries like China, Russia, and Iran to change their behavior. In 2014, Reporters Without Borders added the United States to its “Enemies of the Internet” list for the first time, explicitly linking the inclusion to NSA surveillance. “The main player in [the United States’] vast surveillance operation is the highly secretive National Security Agency (NSA) which, in the light of Snowden’s revelations, has come to symbolize the abuses by the world’s intelligence agencies,” noted the 2014 report. 207 The damaged perception of the United States 208 as a leader on Internet Freedom and its diminished ability to legitimately criticize other countries for censorship and surveillance opens the door for foreign leaders to justify—and even expand— their own efforts. 209 For example, the Egyptian government recently announced plans to monitor social media for potential terrorist activity, prompting backlash from a number of advocates for free expression and privacy. 210 When a spokesman for the Egyptian Interior Ministry, Abdel Fatah Uthman, appeared on television to explain the policy, one justification that he offered in response to privacy concerns was that “the US listens in to phone calls, and supervises anyone who could threaten its national security.” 211 This type of rhetoric makes it difficult for the U.S. to effectively criticize such a policy. Similarly, India’s comparatively mild response to allegations of NSA surveillance have been seen by some critics “as a reflection of India’s own aspirations in the world of surveillance,” a further indication that U.S. spying may now make it easier for foreign governments to quietly defend their own behavior. 212 It is even more difficult for the United States to credibly indict Chinese hackers for breaking into U.S. government and commercial targets without fear of retribution in light of the NSA revelations. 213 These challenges reflect an overall decline in U.S. soft power on free expression issues. Reversible It is reversible Gelb, 10 (Prof-Business & Economic-UH, “Getting Digital Statecraft Right,” Foreign Affairs, 7/28, http://www.foreignaffairs.com/articles/66502/betsy-gelb-and-emmanuel-yujuico/getting-digital-statecraftright) All these cases share the same fallacy -- that U.S.-directed methods can spur development in other nations. But U.S. policies seeking to extend freedom through technology can be successful -- if the United States refrains from acting in ways that seem less than sincere, and if it adopts a gradual, rather than transformative, approach. U.S. protests against censorship would seem more convincing if it were not for its own policies restricting Internet freedom. Consider, for example, the United States' questionable prohibition of cross-border trade in Internet gambling. In 2004, the World Trade Organization ruled in favor of Antigua and Barbuda against the United States when the United States banned online gambling services emanating from the twin-island nation. The United States appealed the case and lost, but in the meantime, Antigua's online gambling industry was virtually destroyed. The United States still has not yet satisfactorily resolved this ruling and should do so by conforming to it. NSA Link Pressure to nationalize is coming & real – NSA fears are driving it Goldstein, Writer for the Atlantic, 2014 [Gordon M. Goldstein, The End of the Internet?, http://www.theatlantic.com/magazine/archive/2014/07/the-end-of-the-internet/372301/] If the long history of international commerce tells us anything, it is this: free trade is neither a natural nor an inevitable condition. Typically, trade has flourished when a single, dominant country has provided the security and will to sustain it. In the absence of a strong liberal ethos, promoted and enforced by a global leader, states seem drawn, as if by some spell, toward a variety of machinations (tariffs, quotas, arcane product requirements) that provide immediate advantages to a few domestic companies or industries—and that lead to collective immiseration over time. The U.S. has played a special role in the development of the Internet. The Department of Defense fostered ARPANET, the precursor to the Internet. As the network evolved, American companies were quick to exploit its growth, gaining a first-mover advantage that has in many cases grown into global dominance. A vast proportion of the world’s Web traffic passes through American servers. Laura DeNardis, a scholar of Internet governance at American University, argues that the Internet’s character is inherently commercial and private today. “The Internet is a collection of independent systems,” she writes, “operated by mostly private companies,” including large telecommunications providers like AT&T and giant content companies such as Google and Facebook. All of these players make the Internet function through private economic agreements governing the transmission of data among their respective networks. While the U.S. government plays a role—the world’s central repository for domain names, for instance, is a private nonprofit organization created at the United States’ urging in 1998, and operating under a contract administered by the Department of Commerce—it has applied a light touch. And why wouldn’t it? The Web’s growth has been broadly congenial to American interests, and a large boon to the American economy. That brings us to Edward Snowden and the U.S. National Security Agency. Snowden’s disclosures of the NSA’s surveillance of international Web traffic have provoked worldwide outrage and a growing counterreaction. Brazil and the European Union recently announced plans to lay a $185 million undersea fiber-optic communications cable between them to thwart U.S. surveillance. In February, German Chancellor Angela Merkel called for the European Union to create its own regional Internet, walled off from the United States. “We’ll talk to France about how we can maintain a high level of data protection,” Merkel said. “Above all, we’ll talk about European providers that offer security for our citizens, so that one shouldn’t have to send e-mails and other information across the Atlantic.” Merkel’s exploration of a closed, pan-European cloud-computing network is simply the latest example of what the analyst Daniel Castro of the Information Technology and Innovation Foundation calls “data nationalism,” a phenomenon gathering momentum whereby countries require that certain types of information be stored on servers within a state’s physical borders. The nations that have already implemented a patchwork of data-localization requirements range from Australia, France, South Korea, and India to Indonesia, Kazakhstan, Malaysia, and Vietnam, according to Anupam Chander and Uyen P. Le, two legal scholars at the University of California at Davis. “Anxieties over surveillance … are justifying governmental measures that break apart the World Wide Web,” they wrote in a recent white paper. As a result, “the era of a global Internet may be passing.” Security concerns have catalyzed data-nationalization efforts , yet Castro, Chander, and Le all question the benefits, arguing that the security of data depends not on their location but on the sophistication of the defenses built around them. Another motive appears to be in play: the Web’s fragmentation would enable local Internet businesses in France or Malaysia to carve out roles for themselves, at the expense of globally dominant companies, based disproportionately in the United States. Castro estimates that the U.S. cloud-computing industry alone could lose $22 billion to $35 billion in revenue by 2016. The Snowden affair has brought to a boil geopolitical tensions that were already simmering. Autocracies, of course, have long regulated the flow of Internet data, with China being the most famous example . But today such states are being joined by countries across Asia, the Middle East, and Europe in calling for dramatic changes in the way the Web operates, even beyond the question of where data are stored. NSA fears spur internet balkanization efforts – fear the U.S. Ray, Security Analyst at 21CT, 2014 [Tim ray, The Balkanization of the Internet, http://www.21ct.com/blog/the-revolution-will-not-betweeted-the-balkanization-of-the-internet-part-2/] NSA SURVEILLANCE STIRS THE POT (AND PROVIDES COVER) While countries are struggling with their own versions of this scenario and with how to spin this frightening picture of the new Balkanized Internet, they were handed a great gift: Edward Snowden’s tales of NSA’s global surveillance operations. Suddenly, there’s a common enemy: America. Globally adventurous, the Americans (it seems) are also watching everyone they can, sometimes without permission. Snowden’s revelations alone will not be enough to force through the kinds of national controls we’re talking about, but they are a great start, a unifying force. Sound farfetched? Maybe. Are there other answers? Perhaps. Brazil is moving forward with nationalizing its email services as well as plans to store all data within the country’s borders. The idea there is the same as the example above: take essential services in-country in order to prevent the U.S. from spying on them and (as a side effect) control them too. These proposals seem to be receiving some popular support; many see it as akin to nationalizing their oil, or another resource. Taking local control of formerly global services is the beginning of Balkanization for countries that choose that path. Surveillance Fears Surveillance fears drive nationalized internets NPR 10 – 16 – 13 [Are We Moving To A World With More Online Surveillance?, http://www.npr.org/sections/parallels/2013/10/16/232181204/are-we-moving-to-a-world-with-moreonline-surveillance] Suspicion Of American Surveillance But McLaughlin sees that record now in jeopardy. "We've kind of blown it," he says. "The global fear and suspicion about American surveillance is pushing countries to centralize their [Internet] infrastructures and get the U.S. out of the picture. Ultimately, I think that will have negative consequences for free speech as well as for protection of privacy." Some of the countries pushing for more international control over the Internet were never all that supportive of Internet freedom, like Russia and China. But they've now been joined by countries like Brazil, whose president, Dilma Rousseff, was furious when she read reports that she was herself an NSA target. Speaking at the United Nations last month, Rousseff called for a new "multilateral framework" for Internet governance and new measures "to ensure the effective protection of data that travel through the Web." At home, Rousseff has suggested that Brazil partially disconnect from U.S.-based parts of the Internet and take steps to keep Brazilians' online data stored in Brazil, supposedly out of the NSA's reach. But Schneier says such moves would lead to "increased Balkanization" of the Internet. PRISM link PRISM revelations crushed our credibility on Internet freedom. We’re perceived like the CCP even if our Internet is actually still relatively free. Abraham Riesman, 6/7/2013. Journalist and documentary filmmaker living in Manhattan. “Renowned Rights Watchdog to Downgrade United States in Freedom Rankings,” Slate, Future Tense, http://www.slate.com/blogs/future_tense/2013/06/07/prism_hurts_us_internet_freedom_rankings_freedom_house_to_downgrade _america.html. If you thought the astounding (and ongoing) revelations about the NSA’s PRISM regime were going to hurt America’s reputation, it appears you were right. Freedom House just made it official. In an exclusive statement to Future Tense, the internationally renowned rights watchdog said it’s going to downgrade the U.S. in its annual Internet freedom rankings. “The revelation of this program will weaken the United States’ score on the survey,” the organization told me in an email. The project director for Freedom House’s Freedom on the Net initiative, Sanja Tatic Kelly, elaborated further in another email (emphasis added): “[S]ome of the recent revelations were already known to the internet freedom community, albeit perhaps not the full scope of them. Consequently, the United States already has a pretty poor rating on our methodology when it comes to surveillance issues. However, with this week's revelations, as well as the recently uncovered surveillance of AP journalists, that rating is going to drop even further.” Kelly went on to emphasize that, compared with other countries around the world, the U.S. “does still have pretty well functioning political institutions and free press.” However, she added that PRISM poses “unique” challenges to freedom. In her words: “What makes the situation in the U.S. unique, however, is that our government is more technologically sophisticated than most others and many major internet companies are based in the United States, allowing the government to conduct surveillance of much greater magnitude.” The official Freedom House statement made a point of saying America’s online freedom ranking probably won’t plummet, noting, “the effect will likely be fairly modest, as the current score takes into consideration what was already known about the government’s extensive electronic surveillance activities.” As of September, Freedom House listed the United States as the second-most “free” country in terms of Internet freedoms (within a 47-country sample), outranked only by Estonia. The rankings were based on three general criteria: “Obstacles to Access” (e.g. keeping citizens from being able to access computers or specific applications), “Limits on Content” (e.g. blocking, censoring, or altering online content), and “Violations of User Rights” (e.g. surveillance or jailing of online dissidents). The PRISM revelations have nothing to do with the first two criteria, but definitely deal a huge blow on the third. The Obama administration is already being compared to the Chinese Communist Party—arguably the world’s most infamous limiter of online freedoms. No doubt, PRISM makes the U.S. government (as well as the government of the U.K., which seems to have been in on the action) look like an opponent of the open Web, snooping through files and communications. But as massive as this digital espionage effort is, can we really call the U.S. an “Enemy of the Internet,” to use the terminology of Reporters Without Borders? Not exactly—but PRISM does to an extent resemble the surveillance programs of Internet enemies like China, Russia, and Saudi Arabia. What’s new here is that we can even mention America in the same sentence as those countries now, when it comes to online freedom—something that was almost unthinkable just a few days ago. For some perspective, let’s take a look at how the U.S. government now stacks up against some of the world’s best-known online oppressors (Note: in an attempt to avoid too many apples-and-oranges comparisons, I’ve tried to focus mostly on countries with high Internet penetration and a substantial middle class): China: One big similarity here: the relationship between the central government and private companies. Chinese netizens live in the shadow of restrictions that are collectively referred to as the “Great Firewall of China.” As of 2010, a law has been in place that requires all telecom operators and Internet service providers to take orders from the government during investigations about the leaking of state secrets. PRISM appears to have functioned largely via some level of cooperation from major online firms like Microsoft, Google, Facebook, and Apple (though many of them have issued official denials of involvement). If you’re online in China, unless you use a VPN or some other kind of workaround, there is an extremely high chance that you’re being tracked. If PRISM is as widespread as is alleged, that could very easily be true here, too. Of course, China’s online repression is far more extreme than America’s on almost every other count (if we jailed bloggers here like the CCP does there, Glenn Greenwald would be serving hard time, not getting on the front page of theGuardian). And the U.S. doesn’t appear to have been looking for anything beyond national-security information, as opposed to touchy political speech. But the combination of a huge Internet user base and cooperation between corporations and the government to spy on that user base—well, that seems a little too familiar now. Russia: It’s actually possible that Russian netizens are under less surveillance than we are here in the United States. Despite its best efforts, the Russian government doesn’t appear to have any coherent infrastructure for massive surveillance. ISPs are required to install software that allows the police to monitor Internet traffic, but there have been no reported uses of the software. Government technology to find and flag “extremist” sites has been faulty and remains unimplemented. Legislation passed in 2007 gave the government permission to intercept online data without a warrant, but actual use of that law has largely been absent in major population centers like Moscow and St. Petersburg. That doesn’t mean Russia doesn’t attack online freedoms, of course. Bloggers are regularly intimidated, the state demands that ISPs provide user data for dissidents, and so on. But what’s interesting to see here is that the U.S. appears to have a surveillance system that is so streamlined and efficient as to be the stuff of dreams for the Putin regime. Iran: Luckily, PRISM doesn't get anywhere near the aggressive attacks on user rights that Iranian netizens face. That said, Iran has a relatively high Internet usership for the Middle East—users just can't surf freely. The mullahs make no secret of their contempt for free speech, enforcing laws against any material opposing state interests or Islam. Surveillance is widespread, too: The regime reportedly keeps connection speeds deliberately low, so as to make it easier to monitor and filter content. Indeed, Iran is in the process of completing a so-called "clean Internet"—a self-contained, state-controlled intranet that will be used as an alternative to the Internet. We're still a far way off from anything like that. Bahrain: The U.S. doesn’t go nearly as far as this tumultuous monarchy, but it has a similar philosophy of keeping its fingers in as many online pies as possible. Bahrain’s Internet usership is possibly the highest of any Arab state, but virtually no user is safe from the government’s watchful eye. As Reporters Without Borders puts it, “The royal family is represented in all areas of Internet management and has sophisticated tools at its disposal for spying on its subjects.” Not only that, but the government makes no secret of its iron fist: It regularly hacks dissidents’ Twitter and Facebook accounts, demands online passwords during interrogations, and uses malware to trawl every corner of the Bahraini Web. America is nowhere near that, thank goodness. South Korea: User liberties are severely curtailed in this otherwise pretty liberal democracy, but not through a PRISM-like surveillance regime. Instead, the government in Seoul keeps tabs on netizens through what's known as Resident Registration Numbers. They're serial numbers assigned to every citizen born in Korea, and users are required to use them while using almost all online services. They're not spied upon, per se, but if someone does something Seoul doesn't like, he or she can face arrests, raids, or other unpleasantness. (See the case of Park Jung-geun, indicted for retweeting the official North Korean Twitter account.) We don't have anything resembling RNNs in the U.S. North Korea: Even the most paranoid civil libertarian can take some comfort in knowing we're light years away from the Hermit Kingdom. We may be under watch, but at least we have the Internet, instead of a weird national intranet filled withsanitized information and happy-birthday messages. So the U.S. is still one of the freer places to be an Internet user. But we’re apparently much closer to these authoritarian states than many of us had imagined—and the scary thing is, we’re really good at what we do. Our days as a respected beacon of near-total online liberty are probably at an end. Impacts Cyber Terror Likely Cyberwar likely & will be huge – civilians are fair ground KESAN & HAYES 12 * Professor, H. Ross & Helen Workman Research Scholar, and Director of the Program in Intellectual Property & Technology Law, University of Illinois College of Law. ** Research Fellow, University of Illinois College of Law [Jay P. Kesan* and Carol M. Hayes**, MITIGATIVE COUNTERSTRIKING: SELF-DEFENSE AND DETERRENCE IN CYBERSPACE, Spring, 2012, Harvard Journal of Law & Technology, 25 Harv. J. Law & Tec 415] Many academics and political figures have weighed in on the potential for cyberwarfare. Nikolai Kuryanovich, a Russian politician, wrote in 2006 he expects that in the near future many conflicts will take place in cyberspace instead of traditional war environments. n171 [*443] Some commentators have asserted that cyberspace provides potential asymmetric advantages, which may be utilized by less powerful nations to exploit the reliance of the United States on information infrastructure. n172 Specifically, China recognizes the value of cyberwarfare, n173 and its military includes "information warfare units." n174 Meanwhile, Russia has a cyberwarfare doctrine that views cyberattacks as force multipliers, and North Korea's Unit 121 focuses solely on cyberwarfare. n175 Many suspect that the Russian government conducted the cyberattacks against Estonia, Georgia, and Kyrgyzstan, though the Russian government's involvement has not been proven. n176 Estimates suggest there are currently 140 nations that either have or are developing cyberwarfare capabilities. n177 It is fair to say that preparations are underway to make cyberwarfare a viable alternative to physical warfare, and are recognizing the applicability of the laws of war to the cyber context. n178 The effects of these changes on the private sector cannot be ignored. The line between the government and the private sector on cyberwar matters is blurred. Dycus notes that the federal government has at times delegated to private companies the task of operating that policymakers cyber technology for the purpose of collecting and analyzing intelligence. n179 Because of the degree to which the private sector is involved with cyber infrastructure, many commentators have observed that the private sector will likely be heavily implicated by future cyberwars. n180 [*444] This overlap between civilian and military roles may prove problematic. Some commentators express concerns that cyberwarfare may erode the distinction between combatants and noncombatants under international law, which currently protects noncombatants. n181 The degree to which conventional war doctrine applies to cyberwar is not yet clear. Some commentators argue that because of this uncertainty, aggressive countries may have carte blanche to launch cyberattacks against civilian targets in a manner that would be impermissible under the laws of kinetic war. n182 Given the importance of civilian targets in the cyberwar context, Brenner and Clarke suggest using a form of conscription to create a Cyberwar National Guard consisting of technologically savvy citizens to better protect CNI. n183 Indeed, one of the focuses of any national cybersecurity program should be on protecting CNI -- the topic to which we now turn. Cyber Terror Kills the Economy Cyber threat could collapse the financial system Holmes, former assistant secretary of state & distinguished fellow at the Heritage Foundation, 2013 [Kim R. Holmes, Washington Times, April 17, 2013, http://www.washingtontimes.com/news/2013/apr/17/holmes-staying-one-step-ahead-of-cyberattacks/] The threats to America’s cybersecurity are serious and growing. They range from private hackers of individuals to state-sponsored cyberattacks on companies and government agencies and networks. Cyberthreats endanger the entire American financial and security system , including the flow of money in banks and the electrical grid. The federal government already has experienced at least 65 cybersecurity breaches and failures. Collapses US economic growth – major attack on infrastructure OPDERBECK 12 Professor of Law, Seton Hall University Law School [David W. Opderbeck, Cybersecurity and Executive Power, Washington University Law Review, 89 Wash. U. L. Rev. 795] In fact, cyberspace was in many ways the front line of the Egyptian revolution. Although Mubarak apparently lacked the support among the Egyptian military for sustained attacks on civilians, he waged a desperate last-gasp battle to shut down access to the Internet so that organizers could not effectively communicate with each other, the public, or the outside world. n5 Could a similar battle over cyberspace be waged in developed democracies, such as the United States? Policymakers in the West are justifiably concerned about cyberattacks, cyberterrorism, and the possibility of cyberwar . The raging question is whether a democratic state governed by constitutional principles and committed to free speech and private property rights can promote cybersecurity without destroying the Internet's unique capacity to foster civil liberties. Cyberspace is as vulnerable as it is vital. The threat is real. President Obama recently declared that "cyber threat is one of the most serious economic and national security challenges we face as a nation" and that " America's economic prosperity in the 21st century will depend on cybersecurity ." n6 Cybersecurity has been described as "a major national security problem for the United States." n7 Private and public cyber-infrastructure in the United States falls under nearly constant attack, often from shadowy sources connected to terrorist groups, organized crime syndicates, or foreign governments. n8 These attacks bear the potential to disrupt not only e-mail and other online communications networks, but also the national energy grid, military-defense ground and satellite facilities, transportation systems, financial markets, and other essential [*798] facilities. n9 In short, a substantial cyberattack could take down the nation's entire security and economic infrastructure. n10 U.S. policymakers are justifiably concerned by this threat. Existing U.S. law is not equipped to handle the problem. The United States currently relies on a patchwork of laws and regulations designed primarily to address the "computer crime" of a decade ago, as well as controversial antiterrorism legislation passed after the September 11 attacks, and some general (and equally controversial) principles of executive power in times of emergency. Nationalization Avoids Attacks Russia wants control for national security purposes – avoids attacks Moscow Times 10 – 23 – 14 [Alexey Eremenko, Russia Wants State Control of Root Internet Infrastructure, http://www.themoscowtimes.com/news/article/russia-wants-state-control-of-root-internetinfrastructure/509989.html] Russia has mounted an effort in recent weeks to bring the root infrastructure of the Internet under control of state-affiliated bureaucracies, both internationally and at home. The global push is likely to fizzle out, industry experts said — but at home, the plan has every chance of succeeding. Backers of the Kremlin line say bigger state control of the Internet is mandatory for national security , hinting that the U.S. could disconnect Russia from the Web. But critics say that Russia, which already censors the Internet, simply wants to expand its means of political censorship. "Russia wants state control of the global network … instead of public control," said Artem Kozlyuk, a freedom of information activist with Rublacklist.net, an independent Internet freedom watchdog. The latest wave-generating proposal came from Russian Communications and Mass Media Minister Nikolai Nikiforov, who urged the launch of a reform at the United Nations to give control of the Internet to national governments. The move would prevent deliberate disconnections of national segments of the Internet, Nikiforov said earlier this week in South Korea at a session of the International Telecommunications Union, a UN body. He identified the United States as a possible threat to other nations' Internet access, according to a transcript on the ministry's website. Government Domain Nikiforov's proposal comes hot on the heels of the Kremlin's attempt to take over the domestic system of domain name assignment, currently overseen by the non-profit organization Coordination Center for TLD RU. The government wants the Coordination Center's job transferred to a state agency, several prominent media outlets, including business daily Vedomosti, said last month. The issue was discussed at the now-famous Security Council meeting of Oct. 1, when top Russian officials reportedly gathered to discuss the possibility of Russia's disconnection from the Internet. Nikiforov said last month that it was only contingency planning in case Russia's Western opponents pull the plug, possibly as further sanctions for Moscow's annexation of Ukraine's Crimean Peninsula in March. However, Kozlyuk of Rublacklist.net said that so far, most cases of a country going off the grid were the work of domestic governments trying to suppress dissent, such as — most famously — Egypt in 2011 during the Arab Spring. The proposal for a takeover of the Coordination Center has been stalled, but the government could follow through with it at any time simply by pushing the group to amend its charter to recognize state superiority, said Ilya Massukh, head of the state-affiliated Information Democracy Foundation. ICANN vs. Autocrats The key role in managing the global Internet is currently played by the Internet Corporation for Assigned Names and Numbers (ICANN), which oversees domain name assignment throughout the world. ICANN is a California-based non-profit organization that operates under an agreement with the U.S. Department of Commerce. The U.S. role in Internet policing has caused much grumbling in recent years as the Internet has spread across the globe, and prompted calls to move to a so-called "multi-stakeholder governance model" that would give other players a greater say in managing the World Wide Web. Russia had previously staged a campaign to give root control of the Internet to the UN at an earlier International Telecommunications Union conference in Dubai in 2012. Its proposal gathered a handful of backers at the time — mostly authoritarian countries such as China, Iran, Sudan and Saudi Arabia — but was torpedoed by Western powers. But this time, China withdrew its support, which makes Nikiforov's initiative even less likely to succeed, said Karen Kazaryan, chief analyst for the lobby group the Russian Association of Electronic Communications. "China has a working censorship system, and it is not going to antagonize the world, and the other backers don't have enough geopolitical clout to push it through," Kazaryan said by telephone Wednesday. Kozlyuk of Rublacklist.net claimed that Russia was courting European Parliament members for lobbying support. The claim could not be independently verified. RuNet Regulated President Vladimir Putin famously pledged to leave the Internet alone at a meeting with industry representatives at his ascension to the Kremlin in 2000. Free from state intervention, the Russian segment of the Internet — the RuNet — blossomed, now counting 58 million daily users in Russia, according to the state-run Public Opinion Foundation, and spawning highly successful companies such as Yandex and Mail.ru. But things began to change in late 2011, when Russian netizens, many of them educated young urbanites, became the driving force of record antiPutin protests. Since then, the government has been so busy imposing new regulations that it is now routinely accused of building the "Great Russian Firewall" of censorship. The state now has the power to blacklist websites without court order for a variety of reasons, including political ones. Separate legislation ramps up state control over popular blogs and online news aggregators, making it easier to shut down any of them. And another Kremlin-penned law under review in the State Duma would oblige most organizations handling the personal data of Russians — including the likes of Facebook, Twitter and Booking.com — to store them solely on Russia-based servers, easily accessible to secret services. Bureaucrats and Utopias Russia is not unique in its push to give control of the Internet to traditional bureaucratic structures, said Massukh, a former deputy communications minister. The Internet is finally big enough for governments to take it seriously and consider possible online threats to national security, such as disruption of domestic banking systems, Massukh said. He compared the push for state control of national segments of the Internet to the introduction of country calling codes, each of which is unique and sovereign to a specific country. Gov’t Control Prevents Attacks Government control over the internet key to prevent and mitigate cyber disasters Baldor, AP writer, 09 [Lolita C. Baldor, How much government control in cybercrisis?, http://www.nbcnews.com/id/33038143/ns/technology_and_science-security/t/how-much-governmentcontrol-cybercrisis/#.VWXbAvlViko] There's no kill switch for the Internet, no secret on-off button in an Oval Office drawer. Yet when a Senate committee was exploring ways to secure computer networks, a provision to give the president the power to shut down Internet traffic to compromised Web sites in an emergency set off alarms. Corporate leaders and privacy advocates quickly objected, saying the government must not seize control of the Internet. Lawmakers dropped it, but the debate rages on. How much control should federal authorities have over the Web in a crisis? How much should be left to the private sector? It does own and operate at least 80 percent of the Internet and argues it can do a better job. "We need to prepare for that digital disaster," said Melissa Hathaway, the former White House cybersecurity adviser. "We need a system to identify, isolate and respond to cyberattacks at the speed of light." So far at least 18 bills have been introduced as Congress works carefully to give federal authorities the power to protect the country in the event of a massive cyberattack. Lawmakers do not want to violate personal and corporate privacy or squelching innovation. All involved acknowledge it isn't going to be easy. For most people, the Internet is a public haven for free thought and enterprise. Over time it has become the electronic control panel for much of the world's critical infrastructure. Computer networks today hold government secrets, military weapons specifications, sensitive corporate data, and vast amounts of personal information. Millions of times a day, hackers, cybercriminals and mercenaries working for governments and private entities are scanning those networks, looking to defraud, disrupt or even destroy. Just eight years ago, the government ordered planes from the sky in the hours after the Sept. 11 terrorist attacks. Could or should the president have the same power over the Internet in a digital disaster? If hackers take over a nuclear plant's control system, should the president order the computer networks shut down? If there's a terrorist attack, should the government knock users off other computer networks to ensure that critical systems stay online? And should the government be able to dictate who companies can hire and what they must do to secure the networks that affect Americans' daily life. Answer To – “internet good” Nationalization doesn’t “end the Internet.” Gordon M. Goldstein, 6/25/2014. Served as a member of the American delegation to the World Conference on International Telecommunications. “The End of the Internet?” The Atlantic, http://m.theatlantic.com/magazine/archive/2014/07/the-end-of-the-internet/372301/. Some experts anticipate a future with a Brazilian Internet, a European Internet, an Iranian Internet, an Egyptian Internet—all with different content regulations and trade rules, and perhaps with contrasting standards and operational protocols. Eli Noam, a professor of economics and finance at Columbia Business School, believes that such a progressive fracturing of the global Internet is inevitable. “We must get used to the idea that the standardised internet is the past but not the future,” he wrote last fall. “And that the future is a federated internet, not a uniform one.” Noam thinks that can be managed, in part through the development of new intermediary technologies that would essentially allow the different Internets to talk to each other, and allow users to navigate the different legal and regulatory environments. Chinese Control Good Chinese control key to security CNN 12 – 30 – 14 [The Great Firewall of China is nearly complete, http://money.cnn.com/2014/12/30/technology/chinainternet-firewall-google/] For U.S. companies hoping to do business in the world's second largest economy, Beijing's approach presents a series of tough choices. Companies that resist Beijing's censorship -- as Google has done -- are often punished as a result. Of major U.S. social media platforms, only LinkedIn (LNKD, Tech30) has been allowed to operate in China -- and only after it agreed to block content. For example, it took down posts earlier this year related to the 1989 Tiananmen Square crackdown. China is unlikely to ease its restrictions in the near-term. Beijing often describes what is known colloquially as the "Great Firewall" as a critical national security tool. "I can choose who will be a guest in my home," China's top Internet regulator Lu Wei said earlier this year. The nationalist-leaning Global Times offered the security justification in an editorial published Tuesday. "If the China side indeed blocked Gmail, the decision must have been prompted by newly emerged security reasons," the paper said. "If that is the case, Gmail users need to accept the reality of Gmail being suspended in China." Russian Control Good Russia is nationalizing to control in the case of emergency New York Times 10 – 1 – 14 [Putin Supports Project to ‘Secure’ Russia Internet, http://www.nytimes.com/2014/10/02/world/europe/russia-vladimir-putin-internet.html?_r=0] President Vladimir V. Putin appeared on Wednesday to throw his support behind a plan to isolate the Internet in Russia from the rest of the World Wide Web, but said the Russian government was “not even considering” censoring Internet sites. In a speech to the Russian National Security Council, Mr. Putin said the plan was intended to build a backup system to keep websites in the Russian domains — those ending in .ru and .rf — online in a national emergency. Mr. Putin said other countries had taken to using the Internet “for not only economic, but military and political goals” and said information security was a priority for the country. The Russian news media has labeled the plan, some details of which were reported last month by Vedomosti, a Russian daily, a “kill switch” for the Internet, or Russia’s answer to the “Great Firewall” put up by the Chinese. President Vladimir V. Putin has moved to prop up Bank Rossiya, owned by close friends, in the face of Western sanctions.Putin’s Way: Private Bank Fuels Fortunes of Putin’s Inner CircleSEPT. 27, 2014 “It’s important to secure the Russian segment of the Internet,” Mr. Putin said, according to a transcript posted on the Kremlin website. “We do not intend to limit access to the Internet, to put it under total control, to nationalize the Internet. “We need to greatly improve the security of domestic communications networks and information resources, primarily those used by state structures,” he added. The Russian goals appear for now distinct from those of the Chinese, experts on Internet policy say, and inspired partly by a revelation this summer in Wired magazine by the former National Security Agency contractor Edward J. Snowden, who lives in Moscow, that United States government hackers inadvertently crashed the Syrian web in 2012. Russia has recently promulgated policies to censor the Internet through laws banning extremist content and requiring social networking and financial companies to base their data servers in Russia. The goal of the new system, however, appears not to block foreign content, but rather to keep Russia’s own news and information machine online in times of crisis. Oleg Demidov, an authority on Russian Internet policies at the PIR center in Moscow, said that Russia wanted to create a “double channel” for the Internet. The backup channel would of course be under government control. “In normal times, it would work like it does now,” he said of this Russian vision of the Internet. “But in an emergency, the reserve system would come alive.” Nationalized internet is a fight between the US and Russia Daily Mail 6 – 22 – 12 [Eddie Wrenn, The battle for internet freedom: Russia tells U.N. during secret talks that it wants to be able to censor the web to repress political opposition, http://www.dailymail.co.uk/sciencetech/article2163165/The-battle-internet-freedom-Russia-tells-U-N-wants-able-censor-web-repress-politicalopposition.html] Russia wants the ability to censor the internet - but the U.S. plans to stonewall the plans at a U.N. conference later this year. Russia says it wants the right to block access where it is used for 'interfering in the internal affairs , or undermining the sovereignty, national security, territorial integrity and public safety of other states, or to divulge information of a sensitive nature'. The member nations of the United Nations will gather this December to create a treaty for the World Conference on International Telecommunications - and Russia has already made it clear which way it wants the internet to develop. Russian President Vladimir Putin has long called for a centralised control of the internet . The U.S. delegation has vowed to block any proposals from Russia and other countries that they believe threaten the internet's current governing structure or give tacit approval to online censorship. But those assurances have failed to ease fears that bureaucratic tinkering with the treaty could damage the world's most powerful engine for exchanging information, creating jobs and even launching revolutions. Examples of where the internet has acted as a voice for change include when social networks played a key role in the Arab Spring uprisings that last year upended regimes in Egypt and Tunisia. The wording of Russia's provision for the treaty allow a country to repress political opposition while citing a U.N. treaty as the basis for doing so. Fixes Privacy Issues – Facebook Nationalizing fixes the problems with facebook – solves privacy concerns Howard, professor of communication, information, and international studies at the University of Washington, 2012 [Philip N. Howard, Let’s Nationalize Facebook, http://www.slate.com/articles/technology/future_tense/2012/08/facebook_should_be_nationalized_to_pro tect_user_rights_.single.html] Over the last several years, Facebook has become a public good and an important social resource. But as a company, it is behaving badly, and long term, that may cost it: A spring survey found that almost half of Americans believe that Facebook will eventually fade away. Even the business side has been a bit of a disaster lately, with earnings lower than expected and the news that a significant portion of Facebook profiles are fake. If neither users nor investors can be confident in the company, it’s time we start discussing an idea that might seem crazy: nationalizing Facebook. By “nationalizing Facebook,” I mean public ownership and at least a majority share at first. When nationalizing the company restores the public trust, that controlling interest could be reduced. There are three very good reasons for this drastic step: It could fix the company’s woeful privacy practices, allow the social network to fulfill its true potential for providing social good, and force it to put its valuable data to work on significant social problems. Let’s start with privacy. Right now, the company violates everybody’s privacy expectations, not to mention privacy laws. It also struggles to respond properly to regulatory requests in different countries. In part, this is because its services are designed to meet the bare minimum of legal expectations in each jurisdiction. When users in Europe request copies of the data Facebook keeps on them, they are sent huge volumes of records. But not every user lives in a jurisdiction that requires such responsiveness from Facebook—U.S. users are out of luck because their regulators don’t ask as many questions as those in the European Union and Canada. Privacy watchdogs consistently complain that the company uses user data in ways they didn't agree to or anticipate. There are suspicions that the company creates shadow profiles of people who aren’t even users but whose names get mentioned by people who are Facebook users. Few of us fully understand Facebook’s privacy policy, much less keep track of changes. People are sharing more personal information on Facebook than they think they are. And for every dozen Facebook users in the United States, one does not use privacy settings—either because that person doesn’t care or doesn’t know enough about how the privacy settings can be used. True, Facebook recently provided an opportunity for users to vote on changes to the interface. But the program seemed more like a gimmick designed to placate the most opinionated and tech-savvy users: It was not heavily promoted and not a serious effort to educate the public and survey opinion. Indeed, few people voted. It would be better to have a national privacy commissioner with real authority, some stringent privacy standards set at the federal level, and programs for making good use of some of the socially valuable data mining that firms like Facebook do. But in the United States, such sweeping innovations are probably too difficult to actually pull off, and nationalization would almost get us there. Facebook would have to rise to First Amendment standards rather than their own terms of service. The company could be regulated the way public utilities often are. With 80 percent of market share, Facebook is already a monopoly, and being publicly traded hasn’t made it more socially responsible. The map of its global market dominance is impressive, though some might say this is a map of colonization. In its recent SEC filing, Facebook declared its goal of connecting all Internet users. The company actually wants to be public information infrastructure, and to that end its tools have been used for a lot of good, like encouraging organ donations and helping activists build social movements in countries run by tough dictators. But Facebook can also make mistakes with political consequences. The company has come under fire for missteps like prohibiting photos of women breast-feeding and suddenly banning “Palestinian” pages at one point. Facebook communications are an important tool for democracy advocates, including those who helped organize the Arab Spring. Yet the user policy of requiring that democratic activists in authoritarian regimes maintain “real” profiles puts activist leaders at risk. And dictators have figured out how they can use Facebook to monitor activist networks and entrap democracy advocates. But since the security services in Syria, Iran, and China now use Facebook to monitor and entrap activists, public trust in Facebook may be misplaced. Rather than allow Facebook to serve authoritarian interests, if nationalized in the United States, we could make Facebook change its identity policy to allow democracy activists living in dictatorships to use pseudonyms. Prevents Uprisings Nationalizing the internet prevents populist uprisings Ray, Security Analyst at 21CT, 2014 [Tim ray, The Balkanization of the Internet, http://www.21ct.com/blog/the-revolution-will-not-betweeted-the-balkanization-of-the-internet-part-2/] The string of uprisings in Eastern Europe and Asia beginning in 2010 that came to be known as the Arab Spring was a defining moment for social media. Suddenly Twitter was much more than a fad. It was a communication method for the downtrodden. Anonymous service providers were the lifeblood of the movement. Tor-bridged connections were essential to the early organization and success enjoyed by the youth of the Arab Spring. This success caused government entities to take notice. Egypt, for instance, turned off their connections to the Internet (as much as they could anyway). That lasted as long as business didn’t complain, then it was turned back on. Other regimes turned frantically to their intelligence services and attempted to lure and honeypot the radical elements of society with varying degrees of success. Mostly, they began to plan what to do against future eventualities. As a leader in one of these tumultuous nations what would you do? Without getting into the moral or ethical questions involved (it’s enough to ask the technical questions for now) let’s role-play for a bit. You’re Minister in charge of the Information Directorate in an emerging economic nation. Your country has weathered a popular uprising, and some changes were made, promises of elections, and so forth. The radical elements are appeased enough (for now), but it would only take one charismatic firebrand to boil it over again. You need to allow your country’s economy to grow, keeping your population employed (and thus off the streets) while at the same time keeping an eye on the fringe elements of your world, who are even now planning their next wave of protests. It’s a tough problem, and it’s a life or death one in some parts of the world. You grudgingly admit that you need to give the people access to the Internet. It’s the single largest facilitator of small business and innovation for your growing economy. The people also expect privacy. Yet, at the same time, privacy is where the radicals hide. They use encryption tech to keep plans secret, and your intelligence resources can’t keep up. You need to bring all essential Internet services ‘in house’ somehow. Your best course of action is to force all your Internet traffic through one choke point, and watch that very carefully. Make sure you have good pipes to your major trading partners, and make sure you can man-in-themiddle all encrypted traffic. That means no more private security certs; the State holds them all. It will likely mean ID coded transmission of information, where a user’s ID is appended to everything they do online. This would essentially eliminate the possibility of maintaining anonymity (and thus privacy) online and hiding activity from the State. So your ministerial proposal looks pretty good: Nationalize your citizens’ data, (which looks good to the populace as we’re seeing with Brazil’s efforts describe below) A single firewall for your country for efficient monitoring of Internet traffic The state owns the infrastructure, so there’s no expectation of privacy, the same as for a business or office (that’s the legal tool to get control of the certificates) The best part: it’s not that expensive. In fact, centralizing everything like that would give your country great bargaining power with the undersea cable networks and other global entities. This scenario of nationalizing their bit of the Internet could be quite compelling to policy makers in response to the fear of a popular revolt. Affirmative 2ac to Nationalization 1. Nationalization is inevitable Goldstein, Writer for the Atlantic, 2014 [Gordon M. Goldstein, The End of the Internet?, http://www.theatlantic.com/magazine/archive/2014/07/the-end-of-the-internet/372301/] Some experts anticipate a future with a Brazilian Internet, a European Internet, an Iranian Internet, an Egyptian Internet—all with different content regulations and trade rules, and perhaps with contrasting standards and operational protocols. Eli Noam, a professor of economics and finance at Columbia Business School, believes that such a progressive fracturing of the global Internet is inevitable. “We must get used to the idea that the standardised internet is the past but not the future,” he wrote last fall. “And that the future is a federated internet, not a uniform one.” Noam thinks that can be managed, in part through the development of new intermediary technologies that would essentially allow the different Internets to talk to each other, and allow users to navigate the different legal and regulatory environments. Perhaps. But at a minimum, this patchwork solution would be disruptive to American companies like Google, Facebook, Amazon, and eBay, which would see their global reach diminished. And it would make international communications and commerce more costly. The U.S. government is resisting this transformation. But the Internet is simply too consequential—socially, politically, and economically—for states to readily forgo control of it, and America, as Marc Andreessen observes, has lost “the moral high ground” in the debate. Perhaps it was never realistic to expect the World Wide Web to last. 2. Not reverse causal – people are pushing for nationalization because of NSA fears – that does NOT mean they will stop if the NSA does the plan. 3. Greed will determine internet decisions Wagner, Commentator for Information Week, 08 [Mitch Wagner, Should The U.S. Nationalize The Internet?, http://www.informationweek.com/software/information-management/should-the-us-nationalize-theinternet/d/d-id/1069315?] The Internet faces many problems from companies looking to maximize profits at the expense of the public good. Greedy businesses threaten innovation by trying to put an end to net neutrality, media companies want to control every Internet-connected device in an effort to lock down distribution channels, and spammers and other fraudsters have pretty much taken over e-mail. Now, TechCrunch is reporting that Vint Cerf, the so-called "father of the Internet," says maybe we should think of the Internet as being like the highway system -- a public good that should be nationalized. Erick Schonfeld at TechCrunch writes: The Should the Internet be owned and maintained by the government, just like the highways? Vint Cerf, the "father of the Internet" and Google's Internet evangelist, made this radical suggestion while he was sitting next to me on a panel yesterday about national tech policy at the Personal Democracy Forum. Maybe he was inspired by the presence of one of the other panelists, Claudio Prado, from Brazil's Ministry of Culture, who kept on talking about the importance of embracing Internet "peeracy." (Although, I should note that Mr. Cerf frowned upon that ill-advised coinage). But I think (or hope, rather) that he was really trying to spark a debate about whether the Internet should be treated more like the public resource that it is. His comment was in the context of a bigger discussion about the threat to net neutrality posed by the cable and phone companies, who are making moves to control the amount and types of bits that can go through their pipes. It was made almost in passing and the discussion quickly moved to other topics. case for letting the government run the Internet is tempting. Rather than letting telcos, media companies, and spammers fight to control the Internet, we could just let the government run the pipe to ensure its continued fairness. 4. Timeframe for the disad is long – no idea when nationalized internet control will actually occur – it is decades away before private businesses would be willing to give up control. 5. Government control won’t stop cyber-terror Holmes, former assistant secretary of state & distinguished fellow at the Heritage Foundation, 2013 [Kim R. Holmes, Washington Times, April 17, 2013, http://www.washingtontimes.com/news/2013/apr/17/holmes-staying-one-step-ahead-of-cyberattacks/] Imposing an old-fashioned, top-down regulatory solution as the Obama administration and some in Congress want to do is tempting. After a proposed Senate cybersecurity act failed to pass, the administration issued an executive order that reflects this regulatory approach. But heavy-handed regulation is a 19th-century solution to a 21st-century problem. Federal regulations are slow to implement, cumbersome to manage and unable to keep up with the rapid advances of hackers and cyberwarriors, who continually change their lines of attack. This approach ushers in a clumsy bureaucratic regime that undoubtedly will become even slower and more cumbersome over time. That is the nature of regulatory bureaucracy. There is a better way. The rule of thumb for policymakers should be to encourage companies and other entities to find methods to better protect themselves from cyberattacks. They need to be able to share information voluntarily and protect themselves from liabilities associated with doing that, while ensuring that their proprietary information is safeguarded. Companies sharing information on cyberattacks need to know that they will not be put at a competitive disadvantage in the marketplace. All shared information should be exempted from Freedom of Information Act requests and regulatory use. Moreover, private-public partnerships should be established so information could be shared fully and in a timely manner. Developing a cybersecurity liability and insurance system would be another step in the right direction. As explained in the Heritage report, “such a system returns cyber-security liability to those who are largely responsible for cyber-security losses” i.e., not the consumer but the software manufacturers who, through negligence or other reasons, fail to offer safeguards against cyberincursions and companies that do little about security weaknesses in their cybersystems. The Heritage report contains another innovative recommendation: Create a nonprofit organization that can assess the surety of an organization’s supply chain, similar to the way Underwriters Laboratories Inc. assesses the safety of various commercial products. Once a company is given a grade, consumers of software and technical equipment can decide for themselves how safe a purchase would be. Finally, there is the critical issue of cyberattacks by states, terrorists and criminals. A model to pursue is the one used by the former Soviet state of Georgia in response to cyberattacks from Russia in 2012. The Georgian government planted a malware booby trap in a file that Russian intelligence hacked, foiling that attempt at espionage and, more importantly, identifying the perpetrator. U.S. companies should be allowed to execute similar operations, either in cooperation with law enforcement or on their own. Cybersecurity is a complex problem. That is why a one-size-fits-all, top-down regulatory regime run by the federal government is unwise. To stay a step ahead of hackers, Americans need a system that empowers them to protect themselves. 6. Cyber-terror is all hype Singer, Director, 21st Century Defense Initiative, Senior Fellow, Foreign Policy @ Brookings Institute, 2012 [Peter W. Singer, The Cyber Terror Bogeyman, Armed Forces Journal, November 2012, http://www.brookings.edu/research/articles/2012/11/cyber-terror-singer] We have let our fears obscure how terrorists really use the Internet. About 31,300. That is roughly the number of magazine and journal articles written so far that discuss the phenomenon of cyber terrorism. Zero. That is the number of people that who been hurt or killed by cyber terrorism at the time this went to press. terrorism is like the Discovery Channel’s “Shark Week,” when we obsess about shark attacks despite the fact that you are roughly 15,000 times more likely to be hurt or killed in an accident involving a toilet. In many ways, cyber But by looking at how terror groups actually use the Internet, rather than fixating on nightmare scenarios, we can properly prioritize and focus our efforts. Part of the problem is the way we talk about the issue. The FBI defines cyber terrorism as a “premeditated, politically motivated attack against information, computer systems, computer programs and data which results in violence against non-combatant targets by subnational groups or clandestine agents.” A key word there is “violence,” yet many discussions sweep all sorts of nonviolent online mischief into the “terror” bin. Various reports lump together everything from Defense Secretary Leon Panetta’s recent statements that a terror group might launch a “digital Pearl Harbor” to Stuxnet-like sabotage (ahem, committed by state forces) to hacktivism, WikiLeaks and credit card fraud. As one congressional staffer put it, the way we use a term like cyber terrorism “has as much clarity as cybersecurity — that is, none at all.” Another part of the problem is that we often mix up our fears with the actual state of affairs. Last year, Deputy Defense Secretary William Lynn, the Pentagon’s lead official for cybersecurity, spoke to the top experts in the field at the RSA Conference in San Francisco. “It is possible for a terrorist group to develop cyber-attack tools on their own or to buy them on the black market,” Lynn warned. “A couple dozen talented programmers wearing flip-flops and drinking Red Bull can do a lot of damage.” The deputy defense secretary was conflating fear and reality, not just about what stimulant-drinking programmers are actually hired to do, but also what is needed to pull off an attack that causes meaningful violence. The requirements go well beyond finding top cyber experts. Taking down hydroelectric generators, or designing malware like Stuxnet that causes nuclear centrifuges to spin out of sequence doesn’t just require the skills and means to get into a computer system. It’s also knowing what to do once you are in. To cause true damage requires an understanding of the devices themselves and how they run, the engineering and physics behind the target. The Stuxnet case, for example, involved not just cyber experts well beyond a few wearing flip-flops, but also experts in areas that ranged from intelligence and surveillance to nuclear physics to the engineering of a specific kind of Siemens-brand industrial equipment. It also required expensive tests, not only of the software, but on working versions of the target hardware as well. As George R. Lucas Jr., a professor at the U.S. Naval Academy, put it, conducting a truly mass-scale action using cyber means “simply outstrips the intellectual, organizational and personnel capacities of even the most well-funded and well-organized terrorist organization, as well as those of even the most sophisticated international criminal enterprises.” Lucas said the threat of cyber terrorism has been vastly overblown. “To be blunt, neither the 14-year-old hacker in your next-door neighbor’s upstairs bedroom, nor the two- or three-person al-Qaida cell holed up in some apartment in Hamburg are going to bring down the Glen Canyon and Hoover dams,” he said. We should be crystal clear: This is not to say that terrorist groups are uninterested in using the technology of cyberspace to carry out acts of violence. In 2001, al-Qaida computers seized in Afghanistan were found to contain models of a dam, plus engineering software that simulated the catastrophic failure of controls. Five years later, jihadist websites were urging cyber attacks on the U.S. financial industry to retaliate for abuses at Guantanamo Bay. Nor does it mean that cyber terrorism, particularly attacks on critical infrastructure, is of no concern. In 2007, Idaho National Lab researchers experimented with cyber attacks on their own facility; they learned that remotely changing the operating cycle of a power generator could make it catch fire. Four years later, the Los Angeles Times reported that white-hat hackers hired by a water provider in California broke into the system in less than a week. Policymakers must worry that real-world versions of such attacks might have a ripple effect that could, for example, knock out parts of the national power grid or shut down a municipal or even regional water supply. But so far, what terrorists have accomplished in the cyber realm doesn’t match our fears, their dreams or even what they have managed through traditional means. Bad for Economy Nationalized internet would collapse global growth McDowell, FCC Chair, 2012 [5/31/31, Comm'r. McDowell's Congressional Testimony, http://www.fcc.gov/document/commrmcdowells-congressional-testimony-5-31-2012] It is a pleasure and an honor to testify beside my friend, Ambassador Phil Verveer. First, please allow me to dispense quickly and emphatically any doubts about the bipartisan resolve of the United States’ to resist efforts to expand the International Telecommunication Union’s (“ITU”) authority over Internet matters. Some ITU officials have dismissed our concern over this issue as mere “election year politics.” Nothing could be further from the truth as evidenced by Ambassador Verveer’s testimony today as well as recent statements from the White House, Executive Branch agencies, Democratic and Republican Members of Congress and my friend and colleague, FCC Chairman Julius Genachowski. We are unified on the substantive arguments and have always been so. Second, it is important to define the challenge before us. The threats are real and not imagined, although they admittedly sound like works of fiction at times. For many years now, scores of countries led by China, Russia, Iran, Saudi Arabia, and many others, have pushed for, as then-Russian Prime Minister Vladimir Putin said almost a year ago, “international control of the Internet” through the ITU.1 I have tried to find a more concise way to express this issue, but I can’t seem to improve upon now-President Putin’s crystallization of the effort that has been afoot for quite some time. More importantly, I think we should take President Putin very seriously. 1 Vladimir Putin, Prime Minister of the Russian Federation, Working Day, GOV’T OF THE RUSSIAN FED’N, http://premier.gov.ru/eng/events/news/15601/ (June 15, 2011) (last visited May 14, 2012). Six months separate us from the renegotiation of the 1988 treaty that led to insulating the Internet from economic and technical regulation. What proponents of Internet freedom do or don’t do between now and then will determine the fate of the Net, affect global economic growth and determine whether political liberty can proliferate. During the treaty negotiations, the most lethal threat to Internet freedom may not come from a full frontal assault, but through insidious and seemingly innocuous expansions of intergovernmental powers. This subterranean effort is already under way. While influential ITU Member States have put forth proposals calling for overt legal expansions of United Nations’ or ITU authority over the Net, ITU officials have publicly declared that the ITU does not intend to regulate Internet governance while also saying that any regulations should be of the “light-touch” variety.2 But which is it? It is not possible to insulate the Internet from new rules while also establishing a new “light touch” regulatory regime. Either a new legal paradigm will emerge in December or it won’t. The choice is binary. Additionally, as a threshold matter, it is curious that ITU officials have been opining on the outcome of the treaty negotiation. The ITU’s Member States determine the fate of any new rules, not ITU leadership and staff. I remain hopeful that the diplomatic process will not be subverted in this regard. As a matter of process and substance, patient and persistent incrementalism is the Net’s most dangerous enemy and it is the hallmark of many countries that are pushing the proregulation agenda. Specifically, some ITU officials and Member States have been discussing an alleged worldwide phone numbering “crisis.” It seems that the world may be running out of phone numbers, over which the ITU does have some jurisdiction. 2 Speech by ITU Secretary-General Touré, The Challenges of Extending the Benefits of Mobile (May 1, 2012),http://www.itu.int/net/pressoffice/press_releases/index.aspx?lang=en (last visited May 29, 2012). 2 Today, many phone numbers are used for voice over Internet protocol services such as Skype or Google Voice. To function properly, the software supporting these services translate traditional phone numbers into IP addresses. The Russian Federation has proposed that the ITU be given jurisdiction over IP addresses to remedy the phone number shortage.3 What is left unsaid, however, is that potential ITU jurisdiction over IP addresses would enable it to regulate Internet services and devices with abandon. IP addresses are a fundamental and essential component to the inner workings of the Net. Taking their administration away from the bottomup, non-governmental, multi-stakeholder model and placing it into the hands of international bureaucrats would be a grave mistake. Other efforts to expand the ITU’s reach into the Internet are seemingly small but are tectonic in scope. Take for example the Arab States’ submission from February that would change the rules’ definition of “telecommunications” to include “processing” or computer functions.4 This change would essentially swallow the Internet’s functions with only a tiny edit to existing rules.5 When ITU leadership claims that no Member States have proposed absorbing Internet governance into the ITU or other intergovernmental entities, the Arab States’ submission demonstrates that nothing could be further from the truth. An infinite number of avenues exist to 3 Further Directions for Revision of the ITRs, Russian Federation, CWG-WCIT12 Contribution 40, at 3 (2011), http://www.itu.int/md/T09-CWG.WCIT12-C-0040/en (last visited May 29, 2012) (“To oblige ITU to allocate/distribute some part of IPv6 addresses (as same way/principle as for telephone numbering, simultaneously existing of many operators/numbers distributors inside unified numbers space for both fixed and mobile phone services) and determination of necessary requirements.”). 4 Proposed Revisions, Arab States, CWG-WCIT12 Contribution 67, at 3 (2012), http://www.itu.int/md/T09CWG.WCIT12-C-0067/en (last visited May 29, 2012). 5 And Iran argues that the current definition already includes the Internet. Contribution from Iran, The Islamic Republic of Iran, CWG-WCIT12 Contribution 48, Attachment 2 (2011), http://www.itu.int/md/T09-CWG.WCIT12C-0048/en (last visited May 29, 2012). 3 accomplish the same goal and it is camouflaged subterfuge that proponents of Internet freedom should watch for most vigilantly. Other examples come from China. China would like to see the creation of a system whereby Internet users are registered using their IP addresses. In fact, last year, China teamed up with Russia, Tajikistan and Uzbekistan to propose to the UN General Assembly that it create an “International Code of Conduct for Information Security” to mandate “international norms and rules standardizing the behavior of countries concerning information and cyberspace.”6 Does anyone here today believe that these countries’ proposals would encourage the continued proliferation of an open and freedom-enhancing Internet? Or would such constructs make it easier for authoritarian regimes to identify and silence political dissidents? These proposals may not technically be part of the WCIT negotiations, but they give a sense of where some of the ITU’s Member States would like to go. Still other proposals that have been made personally to me by foreign government officials include the creation of an international universal service fund of sorts whereby foreign – usually state-owned – telecom companies would use international mandates to charge certain Web destinations on a “per-click” basis to fund the build-out of broadband infrastructure across the globe. Google, iTunes, Facebook and Netflix are mentioned most often as prime sources of funding. In short, the U.S. and like-minded proponents of Internet freedom and prosperity across the globe should resist efforts to expand the powers of intergovernmental bodies over the Internet 6 Letter dated 12 September 2011 from the Permanent Representatives of China, the Russian Federation, Tajikistan, and Uzbekistan to the United Nations addressed to the Secretary-General, Item 93 of the provisional agenda - Developments in the field of information and telecommunications in the context of international security, 66th Session of the United Nations General Assembly, Annex (Sep. 14, 2011), http://www.cs.brown.edu/courses/csci1800/sources/2012_UN_Russia_and_China_Code_o_Conduct.pdf (last visited May 29, 2012). even in the smallest of ways. As my supplemental statement and analysis explains in more detail below, such a scenario would be devastating to global economic activity, but it would hurt the developing world the most. Thank you for the opportunity to appear before you today and I look forward to your questions. Thank you, Chairman Walden and Ranking Member Eshoo, for holding this hearing. Its topic is among the most important public policy issues affecting global commerce and political freedom: namely, whether the International Telecommunication Union (ITU), or any other intergovernmental body, should be allowed to expand its jurisdiction into the operational and economic affairs of the Internet. As we head toward the treaty negotiations at the World Conference on International Telecommunications (WCIT) in Dubai in December, I urge governments around the world to avoid the temptation to tamper with the Internet. Since its privatization in the early 1990s, the Internet has flourished across the world under the current deregulatory framework. In fact, the long-standing international consensus has been to keep governments from regulating core functions of the Internet’s ecosystem. Yet, some nations, such as China, Russia, India, Iran and Saudi Arabia, have been pushing to reverse this course by giving the ITU or the United Nations itself, regulatory jurisdiction over Internet governance. The ITU is a treaty-based organization under the auspices of the United Nations.1 Don’t take my word for it, however. As Russian Prime Minister Vladimir Putin said almost one year ago, the goal of this well-organized and energetic effort is to establish “international control over the Internet using the monitoring and supervisory capabilities of the [ITU].”2 Motivations of some ITU Member states vary. Some of the arguments in support of such actions may stem from frustrations with the operations of Internet Corporation for Assigned Names and Numbers (ICANN). Any concerns regarding ICANN, however, should not be used as a pretext to end the multi-stakeholder model that has served all nations – especially the developing world – so well. Any reforms to ICANN should take place through the bottom-up multi-stakeholder process and should not arise through the WCIT’s examination of the International Telecommunication Regulations (ITR)s. Constructive reform of the ITRs may be needed. If so, the scope of any review should be limited to traditional telecommunications services and not expanded to include information services or any form of Internet services. Modification of the current multistakeholder Internet governance model may be necessary as well, but we should all work together to ensure no intergovernmental regulatory overlays are placed into this sphere. Not only would nations surrender some of their national sovereignty in such a pursuit, but they would suffocate their own economies as well, while politically paralyzing engineering and business decisions within a global regulatory body. 1 History, IThttp://www.itu.int/en/about/Pages/history.aspx">U, http://www.itu.int/en/about/Pages/history.aspx (last visited May 14, 2012). 2 Vladimir Putin, Prime Minister of the Russian Federation, Working Day, GOV’T OF THE RUSSIAN FED’N, http://premier.gov.ru/eng/events/news/15601/ (June 15, 2011) (last visited May 14, 2012). Every day headlines tell us about industrialized and developing nations alike that are awash in debt, facing flat growth curves, or worse, shrinking GDPs. Not only must governments, including our own, tighten their fiscal belts, but they must also spur economic expansion. An unfettered Internet offers the brightest ray of hope for growth during this dark time of economic uncertainty, not more regulation. Indeed, we are at a crossroads for the Internet’s future. One path holds great promise, while the other path is fraught with peril. The promise, of course, lies with keeping what works, namely maintaining a freedom-enhancing and open Internet while insulating it from legacy regulations. 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. The future of global growth and political freedom lies with an unfettered Internet. Shortly after the Internet was privatized in 1995, a mere 16 million people were online worldwide.3 As of early 2012, approximately 2.3 billion people were using the Net.4 Internet connectivity quickly evolved from being a novelty in industrialized countries to becoming an essential tool for commerce – and sometimes even basic survival – in all nations, but especially in the developing world. Such explosive growth was helped, not hindered, by a deregulatory construct. Developing nations stand to gain the most from the rapid pace of deployment and adoption of Internet technologies brought forth by an Internet free from intergovernmental regulation. By way of illustration, a McKinsey report released in January examined the Net’s effect on the developing world, or “aspiring countries.”5 In 30 specific aspiring countries studied, including Malaysia, Mexico, Morocco, Nigeria, Turkey and Vietnam,6 Internet penetration has grown 25 percent per year for the past five years, compared to only five percent per year in developed nations.7 Obviously, broadband penetration is lower in aspiring countries than in the developed world, but that is quickly changing thanks to mobile Internet access technologies. Mobile subscriptions in developing countries have risen from 53 percent of the global market in 2005 to 73 percent in 2010.8 In fact, Cisco estimates that the number of mobileconnected devices will exceed the world’s population sometime this year.9 Increasingly, Internet users in these countries use only mobile devices for their Internet access.10 This trend has resulted in developing countries growing their global share of Internet users from 33 percent in 2005, to 52 percent in 2010, with a projected 61 percent share by 2015.11 The 30 aspiring countries discussed earlier are home to one billion Internet users, half of all global Internet users. The effect that rapidly growing Internet connectivity is having on aspiring countries’ economies is tremendous. The Net is an economic growth accelerator. It contributed an average 1.9 percent of GDP growth in aspiring countries for an estimated total of $366 billion in 2010.13 In some developing economies, Internet connectivity has contributed up to 13 percent of GDP growth over the past five years.14 In six aspiring countries alone, 1.9 million jobs were associated with the Internet.15 And in other countries, the Internet creates 2.6 new jobs for each job it disrupts.16 I expect that we would all agree that these positive trends must continue. The best path forward is the one that has served the global economy so well, that of a multi-stakeholder governed Internet. One potential outcome that could develop if pro-regulation nations are successful in granting the ITU authority over Internet governance would be a partitioned Internet. In particular, fault lines could be drawn between countries that will choose to continue to live under the current successful model and those Member States who decide to opt out to place themselves under an intergovernmental regulatory regime. A balkanized Internet would not promote global free trade or increase living standards. At a minimum, it would create extreme uncertainty and raise costs for all users across the globe by rendering an engineering, operational and financial morass. For instance, Harvard and the Massachusetts Institute of Technology (MIT) recently announced placing many of their courses online for free – for anyone to use. The uncertainty and economic and engineering chaos associated with a newly politicized intergovernmental legal regime would inevitably drive up costs as cross border traffic and cloud computing become more complicated and vulnerable to regulatory arbitrage. Such costs are always passed on to the end user consumers and may very well negate the ability of content and application providers such as Harvard and MIT to offer first-rate educational content for free. Nations that value freedom and prosperity should draw a line in the sand against new regulations while welcoming reform that could include a non-regulatory role for the ITU. Venturing into the uncertainty of a new regulatory quagmire will only undermine developing nations the most. Cyber Terror Impact Answer Cyberwar isn’t a big threat—best studies prove Jason HEALEY, Director of the Cyber Statecraft Initiative at the Atlantic Council, 13 [“No, Cyberwarfare Isn't as Dangerous as Nuclear War,” March 20, 2013, www.usnews.com/opinion/blogs/world-report/2013/03/20/cyber-attacks-not-yet-an-existential-threat-tothe-us] America does not face an existential cyberthreat today, despite undoubtedly grave and the recent warnings . Our cybervulnerabilities are threats we face are severe but far from comparable to nuclear war . The most recent alarms come in a Defense Science Board report on how to make military cybersystems more resilient against advanced threats (in short, Russia or China). It warned that the "cyber threat is serious, with potential consequences similar in some ways to the nuclear threat of the Cold War." Such fears were also expressed by Adm. Mike Mullen, then chairman of the Joint Chiefs of Staff, in 2011. He called cyber "The single biggest existential threat that's out there" because "cyber actually more than theoretically, can attack our infrastructure, our financial systems." While it is true that cyber attacks might do these things, it is also true they have not only never happened but are far more difficult to accomplish than mainstream thinking believes . The consequences from cyber threats may be similar in some ways to nuclear, as the Science Board concluded, but mostly, they are incredibly dissimilar. Eighty years ago, the generals of the U.S. Army Air Corps were sure that their bombers would easily topple other countries and cause their study of the 25-year history of cyber conflict, by the Atlantic Council and Cyber Conflict Studies Association, has shown a similar dynamic where the impact of disruptive cyberattacks has been consistently overestimated . populations to panic, claims which did not stand up to reality. A Rather than theorizing about future cyberwars or extrapolating from today's concerns, the history of cyberconflict that have actually been fought, shows that cyber incidents have so far tended to have effects that are either widespread but fleeting or persistent but narrowly focused. No attacks, so far, have been both widespread and persistent. There have been no authenticated cases of anyone dying from a cyber attack. Any widespread disruptions, even the 2007 disruption against Estonia, have been short-lived causing no significant GDP loss. Moreover, as with conflict in other domains, cyberattacks can take down many targets but keeping them down over time in the face of determined defenses has so far been out of the range of all but the most dangerous adversaries such as Russia and China. Of course, if the United States is in a conflict with those nations, cyber will be the least important of the existential threats policymakers should be worrying about. Plutonium trumps bytes in a shooting war. This is not all good news. Policymakers have recognized the problems since at least 1998 with little significant progress. Worse, the threats and vulnerabilities are getting steadily more worrying. Still, experts have been warning of a cyber Pearl Harbor for 20 of the 70 years since the actual Pearl Harbor . espionage could someday accumulate into an existential threat. But it doesn't seem so seem just yet, with only handwaving estimates of annual losses of 0.1 to 0.5 percent to the total U.S. GDP of around $15 trillion. That's bad, but it doesn't add up to an existential crisis or "economic cyberwar." The transfer of U.S. trade secrets through Chinese cyber Cyber threats are hype The Economist, 12/8/2012. “Hype and fear,” http://www.economist.com/news/international/21567886-america-leading-waydeveloping-doctrines-cyber-warfare-other-countries-may. EVEN as anxiety about jihadi terrorist threats has eased, thanks to the efforts of intelligence agencies and drone attacks’ disruption of the militants’ sanctuaries, fears over Western societies’ vulnerability to cyber-assaults have grown. Political and military Panetta, talks of a “cyber-Pearl Harbour”. A senior official says privately that a cyber-attack on America that “would make 9/11 look like a tea party” is only a matter of time. leaders miss no chance to declare that cyberwar is already upon us. America’s defence secretary, Leon The nightmares are of mouseclicks exploding fuel refineries, frying power grids or blinding air-traffic controllers. The reality is already of countless anonymous attacks on governments and businesses. These seek to disrupt out of malice, or to steal swathes of valuable commercial or security-related data. Some experts believe that such thefts have cost hundreds of billions of dollars in stolen R&D. Many of these attacks are purely criminal. But the most sophisticated are more often the work of states, carried out either directly or by proxies. Attribution—detecting an enemy’s fingerprints on a cyber-attack—is still tricky, so officials are reluctant to point the finger of blame publicly. But China is by far the most active transgressor. It employs thousands of gifted software engineers who systematically target technically advanced Fortune 100 companies. The other biggest offenders are Russia and, recently, Iran (the suspected source of the Shamoon virus that crippled thousands of computers at Saudi Arabia’s Aramco and Qatar’s RasGas in August). America and its allies are by no means passive victims. Either America, Israel or the two working together almost certainly hatched the Stuxnet worm, found in 2010, that was designed to paralyse centrifuges at Iran’s Natanz uranium-enrichment plant. The Flame virus, identified by Russian and Hungarian experts this year, apparently came from the same source. It was designed to strike at Iran by infecting computers in its oil ministry and at targets in the West Bank, Syria and Sudan. Boring, not lurid For all the hype, policies on cyber-warfare remain confused and secretive. The American government is bringing in new rules and a clearer strategy for dealing with cyber-threats. Barack Obama is said to have signed in October a still-secret directive containing new guidelines for federal agencies carrying out cyber-operations. It sets out how they should help private firms, particularly those responsible for critical national infrastructure, to defend themselves against cyber-threats by sharing information and setting standards. The directive is partly a response to the stalling of cyber-legislation in the Senate. Republican senators argue that it imposes too great a regulatory burden on industry, which is already obliged to disclose when it is subject to a cyber-attack. It is also meant to govern how far such bodies as the Department of Homeland Security can go in their defence of domestic networks against malware attacks. The Pentagon is also working on more permissive rules of engagement for offensive cyber-warfare, for example to close down a foreign server from which an attack was thought to be emanating. General Keith Alexander heads both Cyber Command (which has a budget of $3.4 billion for next year) and the National Security Agency. He has often called for greater flexibility in taking the attack to the “enemy”. The emergence of new cyber-warfare doctrines in America is being watched closely by allies who may follow where America leads—as well as by potential adversaries. However, Jarno Limnell of Stonesoft, a big computer security firm, says that all levels of government in the West lack strategic understanding on cyber-warfare. So, although questions abound, answers are few. For example, it is not clear how much sensitive information about threats or vulnerabilities government agencies should share even with private-sector firms that are crucial to national security. Often the weakest link is their professional advisers, such as law firms or bankers who have access to sensitive data. Almost all (roughly 98%) of the vulnerabilities in commonly used computer programmes that hackers exploit are in software created in America. Making private-sector companies more secure might involve a controversial degree of intrusion by government agencies, for example the permanent monitoring of e-mail traffic to make sure that every employee is sticking to security rules. Government hackers may also like to hoard such vulnerabilities rather than expose them. That way they can later create “backdoors” in the software for offensive purposes. Also controversial is the balance between defence and attack. General Alexander stresses that in cyber-warfare, the attacker has the advantage. Mr Limnell says that, although America has better offensive cyber-capabilities than almost anybody, its defences get only three out of ten. Setting rules for offensive cyber-warfare is exceptionally tricky. When it comes to real, physical war, the capability may become as important as air superiority has been for the past 70 years: though it cannot alone bring victory, you probably can’t win if the other side has it. China has long regarded the network-centric warfare that was developed by America in the late-1980s and copied by its allies as a weakness it might target, particularly as military networks share many of the same underpinnings as their civilian equivalents. The People’s Liberation Army (PLA) talks about “informationisation” in war, “weakening the information superiority of the enemy and operational effectiveness of the enemy’s computer equipment”. China’s planning assumes an opening salvo of attacks on the enemy’s information centres by cyber, electronic and kinetic means to create blind spots that its armed forces would then be able to exploit. Yet as the PLA comes to rely more on its own information networks it will no longer enjoy an asymmetric advantage. Few doubt the importance of being able to defend your own military networks from cyber-attacks (and to operate effectively when under attack), while threatening those of your adversaries. But to conclude that future wars will be conducted largely in cyberspace is an exaggeration. Martin Libicki of the RAND Corporation, a think-tank, argues that with some exceptions cyber-warfare neither directly harms people nor destroys equipment. At best it “can confuse and frustrate…and then only temporarily”. In short, “cyber-warfare can only be a support function” for other forms of war. Four horsemen Besides the cyber element of physical warfare, four other worries are: strategic cyberwar (direct attacks on an enemy’s civilian cyber-disruption, such as the distributed denial-of-service attacks that briefly overwhelmed Estonian state, banking and media websites in 2007; and cyber-terrorism. Gauging an appropriate response to each of these is hard. Mr infrastructure); cyber-espionage; Limnell calls for a “triad” of capabilities: resilience under severe attack; reasonable assurance of attribution so that attackers cannot assume anonymity; and the means to hit back hard enough to deter an unprovoked attack. Few would argue against improving resilience, particularly of critical national infrastructure such as power grids, sewerage and transport systems. But such targets are not as vulnerable as is now often suggested. Cyberattacks on physical assets are most likely to use what Mr Libicki calls “one-shot weapons” aimed at industrial control systems. Stuxnet was an example: it destroyed perhaps a tenth of the Iranian centrifuges at Natanz and delayed some uranium enrichment for a few months, but the vulnerabilities it exposed were soon repaired. Its limited and fleeting success will also have led Iran to take measures to hinder future attacks. If that is the best that two first-rate cyber-powers can do against a third-rate industrial power, notes Mr Libicki, it puts into perspective the more alarmist predictions of impending cyber-attacks on infrastructure in the West. Moreover, anyone contemplating a cyber-attack on physical infrastructure has little idea how much actual damage it will cause, and know if they are crossing an adversary’s red line and in doing so would trigger a violent “kinetic” response (involving real weapons). Whether or not America has effective cyber-weapons, it has more than enough conventional ones to make any potential aggressor think twice. if people will die. They cannot For that reason, improving attribution of cyber-attacks is a high priority. Nigel Inkster, a former British intelligence officer now at the International Institute for Strategic Studies, highlights the huge risk to the perpetrator of carrying out an infrastructure attack given the consequences if it is detected. In October Mr Panetta said that “potential aggressors should be aware that the United States has the capacity to locate them and hold them accountable for actions that harm America or its interests.” He may be over-claiming. Given that cyber-attacks can be launched from almost anywhere, attribution is likely to remain tricky and to rely on context, motive and an assessment of capabilities as much as technology. That is one reason why countries on the receiving end of cyber attacks want to respond in kind—ambiguity cuts both ways. But poor or authoritarian countries attacking rich democratic ones may not have the sorts of assets that are vulnerable to a retaliatory cyber-attack. The difficulty is even greater when it comes to the theft (or “exfiltration”, as it is known) of data. For China and Russia, ransacking Western firms for high-tech research and other intellectual property is tempting. The other way round offers thinner pickings. In 2009 hackers from an unnamed “foreign intelligence agency” made off with some 24,000 confidential files from Lockheed Martin, a big American defence contractor. As a result they could eavesdrop on online meetings and technical discussions, and gather information about the sensors, computer systems and “stealth” technology of the F-35 Joint Strike Fighter. This may have added to the delays of an already troubled programme as engineers tried to fix vulnerabilities that had been exposed in the plane’s design. Investigators traced the penetrations with a “high level of certainty” to known Chinese IP addresses and digital fingerprints that had been used for attacks in the past. Less than two years later, China unveiled its first stealth fighter, the J-20. Theft from thieves As Mr Libicki asks, “what can we do back to a China that is stealing our data?” Espionage is carried out by both sides and is traditionally not regarded as an act of war. But the massive theft of data and the speed with which it can be exploited is something new. Responding with violence would be disproportionate, which leaves diplomacy and sanctions. But America and China have many other big items on their agenda, while trade is a very blunt instrument. It may be possible to identify products that China exports which compete only because of stolen data, but it would be hard and could risk a trade war that would damage both sides. Cyber-disruption has nuisance value and may be costly to repair, but it can be mitigated by decent defences. Cyber-terrorism has remained largely in the imagination of film-makers, but would be worth worrying about if it became a reality. Stonesoft’s Mr Limnell reckons that, though al-Qaeda and its offshoots show little sign of acquiring the necessary skills, they could buy them. Mr Libicki is more sceptical. Big teams of highly qualified people are needed to produce Stuxnet-type effects, which may be beyond even sophisticated terrorist groups. Also, the larger the team that is needed, the more likely it is to be penetrated. Hurts the Internet Balkanization would destroy the internet – crushes trade & economic growth McDowell, Commission of the FCC, 2012 [Robert M. McDowell, The U.N. Threat to Internet Freedom, http://www.wsj.com/articles/SB10001424052970204792404577229074023195322] Merely saying "no" to any changes to the current structure of Internet governance is likely to be a losing proposition. A more successful strategy would be for proponents of Internet freedom and prosperity within every nation to encourage a dialogue among all interested parties, including governments and the ITU, to broaden the multi-stakeholder umbrella with the goal of reaching consensus to address reasonable concerns. As part of this conversation, we should underscore the tremendous benefits that the Internet has yielded for the developing world through the multistakeholder model. Upending this model with a new regulatory treaty is likely to partition the Internet as some countries would inevitably choose to opt out. A balkanized Internet would be devastating to global free trade and national sovereignty. It would impair Internet growth most severely in the developing world but also globally as technologists are forced to seek bureaucratic permission to innovate and invest. This would also undermine the proliferation of new cross-border technologies, such as cloud computing. A top-down, centralized, international regulatory overlay is antithetical to the architecture of the Net, which is a global network of networks without borders. No government, let alone an intergovernmental body, can make engineering and economic decisions in lightning-fast Internet time. Productivity, rising living standards and the spread of freedom everywhere, but especially in the developing world, would grind to a halt as engineering and business decisions become politically paralyzed within a global regulatory body. Any attempts to expand intergovernmental powers over the Internet—no matter how incremental or seemingly innocuous—should be turned back. Modernization and reform can be constructive, but not if the end result is a new global bureaucracy that departs from the multi-stakeholder model. Enlightened nations should draw a line in the sand against new regulations while welcoming reform that could include a nonregulatory role for the ITU. State control destroys the value of the internet Alford, Senior Program Officer, Internet Freedom, Freedom House, 2014 [Gigi Alford, State Partitioning of the Internet Harms Users Everywhere, http://www.huffingtonpost.com/freedom-house/state-partitioning-of-the_b_5843162.html] For as long as the global internet has withstood attempts by states to subjugate its cables, servers, and protocols, the virtual world has been a refuge for users who are deprived of their fundamental freedoms offline. This boon of technology is what led UN experts to declare the internet “an indispensable tool for realizing a range of human rights” and to debate whether access to such an engine of human progress constitutes a right in itself. However, since Edward Snowden disclosed documents on secret U.S. and British data-collection programs, the internet has faced intensified challenges from all sides—some genuine and others opportunistic—that could lead states to partition the digital commons into national and regional demesnes. An internet that is fragmented by political, legal, and technical boundaries would throttle the animating purpose of the International Bill of Human Rights, while an indivisible and global internet is able to facilitate such goals. As states fully fathom the internet’s disruptive power and rush to impose choke points in the name of national sovereignty, the digital world increasingly mirrors the analog world’s human rights deficiencies, which it once transcended. The virtual refuge is being dismantled, and for individuals on the wrong side of the new borders, it has been replaced with separate and unequal “splinternets.” Such digital apartheid flies in the face of the universality of human rights, and it contradicts international jurisprudence that rejects separate-but-equal regimes. As the UN Human Rights Council has affirmed, “the same rights that people have offline must also be protected online.” Champions of a unified internet are putting forth strong economic and geopolitical arguments to counter these challenges—including earlier this month at the ninth annual Internet Governance Forum (IGF) in Istanbul, Turkey, and next month at the International Telecommunications Union (ITU) plenipotentiary meeting in Busan, South Korea. But stakeholders often miss the bigger picture when they overlook the human rights case against a “Westphalian web” model of internet governance. Internet Good Internet solves everything – access is key Genachowski 13 [Chair-FCC, 4/16, "The Plot to Block Internet Freedom", http://www.foreignpolicy.com/articles/2013/04/16/plot_block_internet_freedom?page=full] The Internet has created an extraordinary new democratic forum for people around the world to express their opinions. It is revolutionizing global access to information: Today, more than 1 billion people worldwide have access to the Internet, and at current growth rates, 5 billion people -about 70 percent of the world's population -- will be connected in five years. But this growth trajectory is not inevitable, and threats are mounting to the global spread of an open and truly "worldwide" web. The expansion of the open Internet must be allowed to continue: The mobile and social media revolutions are critical not only for democratic institutions' ability to solve the collective problems of a shrinking world, but also to a dynamic and innovative global economy that depends on financial transparency and the free flow of information. The threats to the open Internet were on stark display at last December's World Conference on International Telecommunications in Dubai, where the United States fought attempts by a number of countries -- including Russia, China, and Saudi Arabia -to give a U.N. organization, the International Telecommunication Union (ITU), new regulatory authority over the Internet. Ultimately, over the objection of the United States and many others, 89 countries voted to approve a treaty that could strengthen the power of governments to control online content and deter broadband deployment. In Dubai, two deeply worrisome trends came to a head. First, we see that the Arab Spring and similar events have awakened nondemocratic governments to the danger that the Internet poses to their regimes. In Dubai, they pushed for a treaty that would give the ITU's imprimatur to governments' blocking or favoring of online content under the guise of preventing spam and increasing network security. Authoritarian countries' real goal is to legitimize content regulation, opening the door for governments to block any content they do not like, such as political speech. Second, the basic commercial model underlying the open Internet is also under threat. In particular, some proposals, like the one made last year by major European network operators, would change the ground rules for payments for transferring Internet content. One species of these proposals is called "sender pays" or "sending party pays." Since the beginning of the Internet, content creators -- individuals, news outlets, search engines, social media sites -- have been able to make their content available to Internet users without paying a fee to Internet service providers. A senderpays rule would change that, empowering governments to require Internet content creators to pay a fee to connect with an end user in that country. Sender pays may look merely like a commercial issue, a different way to divide the pie. And proponents of sender pays and similar changes claim they would benefit Internet deployment and Internet users. But the opposite is true: If a country imposed a payment requirement, content creators would be less likely to serve that country. The loss of content would make the Internet less attractive and would lessen demand for the deployment of Internet infrastructure in that country. Repeat the process in a few more countries, and the growth of global connectivity -- as well as its attendant benefits for democracy -- would slow dramatically. So too would the benefits accruing to the global economy. Without continuing improvements in transparency and information sharing, the innovation that springs from new commercial ideas and creative breakthroughs is sure to be severely inhibited. To their credit, American Internet service providers have joined with the broader U.S. technology industry, civil society, and others in opposing these changes. Together, we were able to win the battle in Dubai over sender pays, but we have not yet won the war. Issues affecting global Internet openness, broadband deployment, and free speech will return in upcoming international forums, including an important meeting in Geneva in May, the World Telecommunication/ICT Policy Forum. The massive investment in wired and wireless broadband infrastructure in the United States demonstrates that preserving an open Internet is completely compatible with broadband deployment. According to a recent UBS report, annual wireless capital investment in the United States increased 40 percent from 2009 to 2012, while investment in the rest of the world has barely inched upward. And according to the Information Technology and Innovation Foundation, more fiber-optic cable was laid in the United States in 2011 and 2012 than in any year since 2000, and 15 percent more than in Europe. All Internet users lose something when some countries are cut off from the World Wide Web. Each person who is unable to connect to the Internet diminishes our own access to information. We become less able to understand the world and formulate policies to respond to our shrinking planet. Conversely, we gain a richer understanding of global events as more people connect around the world, and those societies nurturing nascent democracy movements become more familiar with America's traditions of free speech and pluralism. That's why we believe that the Internet should remain free of gatekeepers and that no entity -- public or private -- should be able to pick and choose the information web users can receive. That is a principle the United States adopted in the Federal Communications Commission's 2010 Open Internet Order. And it's why we are deeply concerned about arguments by some in the United States that broadband providers should be able to block, edit, or favor Internet traffic that travels over their networks, or adopt economic models similar to international sender pays. We must preserve the Internet as the most open and robust platform for the free exchange of information ever devised. Keeping the Internet open is perhaps the most important free speech issue of our time. Russia Controls Russia controlling the internet Bloomberg 5 – 1 – 14 [Ilya Khrennikov and Anastasia Ustinova, Putin's Next Invasion? The Russian Web, http://www.bloomberg.com/bw/articles/2014-05-01/russia-moves-toward-china-style-internet-censorship] warned last year that Russia was “on the path” toward Chinese-style Internet censorship. Vladimir Putin is proving him right. At a meeting with media executives in St. Petersburg on April 24, the Google (GOOG) Executive Chairman Eric Schmidt Russian president said his government will impose greater control over information flowing through the Internet, which the former KGB lieutenant colonel has called a creation of U.S. spy agencies. Russia’s Parliament has approved a law similar to China’s that would require Internet companies such as Google to locate servers handling Russian traffic inside the country and store user data locally for six months. The legislation, which is scheduled to take effect on Aug. 1, also classifies the roughly 30,000 Russian bloggers who have 3,000 or more readers as media outlets, making them and the companies that host them subject to regulation. “This law is a step toward segmenting and nationalizing the Internet and putting it under the Kremlin’s control,” says Matthew Schaaf, a program officer at Freedom House, a research group in Washington. “It could have a serious chilling effect on online expression in Russia, making users stop to think how their Google searches and Facebook posts could be used against them.”