Call for Evidence: The Internet: to Regulate or Not To Regulate?
Nominet is driven by a commitment to use technology to improve connectivity, security and inclusivity online. For 20 years, Nominet has run the .UK internet infrastructure, developing an expertise in the Domain Name System (DNS) that now underpins sophisticated network analytics used by governments and enterprises to mitigate cyber threats. The company provides registry services for top level domains, and is exploring applications for a range of emerging technologies. A profit with a purpose company, Nominet supports initiatives that contribute to a vibrant digital future.
We welcome the opportunity to respond to the Select Committee’s public call for evidence on the question of regulation of the internet should be improved.
Regulation
The UK has one of the world’s leading digital economies, this success has been built on the foundations of a free and open internet which enables freedom of expression subject to the rule of law. The internet operates within existing legal frameworks, the e-Commerce Directive is a good example of pragmatic harmonized rules based on the most effective regulation rather than the strictest.
We recognise that there are certain misgivings about how the internet, and behaviours on the internet, continue to develop. The difficulty in tackling these issues through additional regulation lies not only in complex cross-border jurisdictional issues, but also the fact that the internet is a complicated technical ecosystem which is constantly evolving and finding new forms of innovation. New technologies are continually emerging which will fundamentally reshape many existing day-to-day activities and the business models built around them. This can already be witnessed in the nascent autonomous vehicles, Internet of Things (IoT), and commercial drones markets. Clearly this equipment will be reliant on highly reliable connectivity to the internet and it is important that any attempt to regulate internet activities does not inadvertently stifle this type of innovation. Given the difficulties in ‘future-proofing’ legislation, it may not always be the most effective means of addressing concerns. Any regulatory interventions that are introduced should be targeted at clear problems so that focused practical outcomes are achieved and unintended consequences avoided.
It may be worth exploring more flexible measures such as the role of self-regulation which may be able to adapt to future developments much more effectively than the blunt tool that is legislation. A useful demonstration of how self-regulation can be effective is from September 2013 when Nominet aided an independently chaired review by former CPS Director of Public Prosecutions Lord Macdonald QC of our registration policy for .uk domain names. The scope of the review focused on whether there should be restrictions on the words and expressions permitted in .uk domain name registrations. During the course of the review a wide range of stakeholders were able to contribute their thoughts on the issue as part of the evidence gathering. In January 2014 the company adopted the recommendations to restrict the registration of domain names that relate to a serious sexual offence if there is no reasonable use for that domain name. At the same time, we revised our terms and conditions to expressly prohibit any .UK domains being used to carry out criminal activity. It means that Nominet can quickly suspend a domain name when alerted to its use for criminal activity by the police or other law enforcement agencies, such as National Crime Agency, Child Exploitation and Online Protection Centre (CEOP) or the Medicines and Healthcare Products Regulatory Agency (MHRA).
Content Issues
The Domain Name System (DNS) came in to being in nineteen eighties as a mechanism for providing user-friendly addresses for technical resources across the rapidly growing internet. The protocol was built to sit as part of the broader internet ‘stack’ and has evolved to become the default signposting and navigation method for web, email and machine-to-machine communication on the internet. Nominet is responsible for the management of the .UK DNS infrastructure which currently has over 12 million .UK domain names registered, our servers handle more than 6 billion requests every day.
It is important to note that a domain name in itself does not constitute “content”, the domain name is merely an internet signpost which allow websites and emails to have an easy to remember address like “nominet.co.uk” rather than an “IP address” which is a string of number and letters between 4 and 32 characters long. As such, suspending a domain name would not stop a website being accessible as a website can have multiple domain names and can always be accessed via its IP address.
In those instances where a .UK domain name is being used in connection with fraud or other criminality we have formal policies and processes in place which facilitate the effective cooperation with Law Enforcement Agencies (LEAs) and Trading Standards. If a query is received from one of these bodies it is handled by a dedicated support team in Nominet who are able to rapidly suspend a domain name if necessary. We cannot and do not attempt to directly police the content of websites using our domain names. However, if a domain name signals criminal content and is brought to our attention we will refer it to the appropriate LEA for further action. Our most recent report covering the 12 months to October 2017 shows that 16,632 domain names were suspended for criminal activity which represents around 0.14% of the more than 12 million .UK domains currently registered.
Nominet is a long-standing member of the Internet Watch Foundation (IWF) and we have procedures in place to immediately suspend any domain name identified by the IWF as hosting child sexual abuse material. The IWF is an excellent example of how the internet industry, police, governments and charities come together to form a partnership in order to combat child sexual abuse images online. The organisation is widely recognised internationally as a leading model of self-regulation.
Internet Governance
Nominet was established in 1996 at a time when the internet landscape looked very different. As one of the long-standing country code registries, the company has been deeply involved in both national and international policy development relating to the internet and how the underlying internet infrastructure is organised and operated.
We are strong advocates of the multi-stakeholder model of internet governance and have worked closely with the UK Government over the years to preserve and strengthen this approach to guard against the risk of inter-governmental treaties which could fundamentally alter the internet we recognise and enjoy today.
Our participation in the on-going development of internet governance has mainly been via the UK’s Multi-stakeholder Government Advisory Group (MAGIG), ICANN’s Country Code Name Supporting Organisation (ccNSO) and the UN-backed Internet Governance Forum. We were also an active member of the multi-stakeholder Working Group which dealt with the successful IANA Transition from the US Government to Public Technical Identifiers (PTI), an affiliate of ICANN, in 2016. This was an important issue for us as it concerned the accountability, transparency, and oversight of .UK. PTI is now responsible for the operational aspects of coordinating the Internet’s unique identifiers and maintaining the trust of the community to provide these services in an unbiased, responsible and effective manner.
Nominet has over the years supported and facilitated MPs and Peers wishing to participate in the multi-stakeholder internet governance process, such as the annual Internet Governance Forum. The company also acts as secretariat for the UK Internet Governance Forum which is a collaborative partnership that provides a forum in the UK to engage industry, government, parliament, academia and civil society in debate on issues facing the internet. We welcome any parties who wish to participate in the activities of the forum.
11 May 2018
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