[Ncsg-discuss] Is ICANN helping to subvert its own governance model?

Anriette Esterhuysen anriette at APC.ORG
Sun Nov 16 18:50:59 EET 2025


Dear Milton


All points taken... but the fact remains that the member-driven 
governance model in its current form failed to protect AfriNIC when it 
encountered a series crises.  When the host country government and 
courts became involved that did not help, it made the situation worse.


Stable and secure governance is surely the goal.  And surely governments 
can be  members and part of a governance framework, as is the case with 
ICANN?  In other words, I think we are correct in asking for more 
information about this as outlined in the NCSG letter, and Alice and you 
and others are correct in defending member-based governance, but I also 
think we should be open to evolving our mutlistakeholder governance 
models so that they are better able to withstand crises -- whether these 
emerge from inside or outside the institutions (or both as was the case 
with AfriNIC).


Anriette


PS - Milton's point about trying to get the numbers back reminded me of 
the SouthAfrica.com saga which some of you might remember. A lost cause 
that wasted much time and money.


Anriette Esterhuysen -anriette at apc.org//anriette at gmail.com

On 2025/11/16 18:19, Mueller, Milton L wrote:
>
> Anriette,
> Thanks for your comments. I think your question about the relationship 
> between the African Union and Smart Africa (SA) is an important one to 
> pursue. It is relevant if SA succeeds in establishing some kind of 
> Council (CAIGA) that has supervisory authority over AFRINIC. I think 
> that is a bad idea and I also think it is highly unlikely. But as a 
> partner of SA, ICANN needs to confront this question.
>
> As for "generalizations about the region and its governments," sorry 
> if you read that into the article. No such generalizations were 
> intended. Your misinterpretation shows that nationalism and identity 
> politics are big obstacles to clear thinking about Internet 
> governance, especially in this case. There is no statement anywhere in 
> that blog, or in anything I have ever written, that says Africa is 
> "inherently" unstable or undemocratic. Inherent means "existing in 
> something as a permanent, essential, or characteristic attribute." No, 
> the article merely calls attention to the fact that many of its 
> current governments are undemocratic or unstable, which is a fact. 
> Some African governments are not unstable or undemocratic, and there 
> is certainly long term hope that stability and liberal democracy will 
> come to additional African states.
>
> The point is, all these governments would be part of a board that 
> wants to govern AFRINIC. So what kind of principles and policies would 
> ensue? Geopolitics and national interests are "inherent" features of 
> multilateral, government institutions. That is my argument, and it 
> applies to all regions, not just Africa.
>
> The article advocates for *self-governance* of AFRINIC by its 
> *members, * and opposes an overlay of state-directed control. This is 
> what we mean by "the multistakeholder model," is it not? My rejection 
> of state control and digital sovereignty applies to the U.S. 
> government, to European governments, etc. Our current experience with 
> the Trump administration and its nationalistic, nativist, 
> sovereigntist policies is an excellent example of why I don't want 
> states setting policies for the global coordination of Internet 
> identifiers. It also explains why I was and remain a big advocate of 
> eliminating U.S. control of ICANN during the 2014-2016 transition. I 
> think I have been perfectly consistent about this.
>
> Dr. Milton L Mueller
>
> Georgia Institute of Technology
>
> Carter School of Public Policy
>
> <https://internetgovernance.org>
>
>
>
> ------------------------------------------------------------------------
> *From:* Anriette Esterhuysen <anriette at apc.org>
> *Sent:* Sunday, November 16, 2025 10:44 AM
> *To:* Mueller, Milton L <milton at GATECH.EDU>; 
> NCSG-DISCUSS at LISTSERV.SYR.EDU <NCSG-DISCUSS at LISTSERV.SYR.EDU>
> *Subject:* Re: Is ICANN helping to subvert its own governance model?
>
> Dear Milton
>
>
> You are often the person that asks tough questions in an 
> uncompromising way. I like and value that about you even when I don't 
> agree with you :) But speaking as an African I would appreciate it if 
> you could do so without making generalisations about the region and 
> its governments. Africa is not inherently 'unstable' or undemocratic, 
> as you imply.  In fact, living in the US at present you probably have 
> firsthand knowledge of how erratic states and their leaders can be and 
> how risky it is to make assumptions about them.
>
>
> From my perspective as someone who has tried to follow the process 
> closely, but from a distance, I do have questions over and above those 
> in the NCSG letter, but they can wait for a bit later and should be 
> addressed to the AfriNIC board and to Smart Africa and the  African Union.
>
>
> For example, does the MOU between Smart Africa and the African Union 
> Commission include commitment to comply with the AU's Data Policy 
> Framework 
> <https://au.int/sites/default/files/documents/42078-doc-DATA-POLICY-FRAMEWORKS-2024-ENG-V2.pdf>, 
> and the AU Declaration on Internet Governance 
> <https://au.int/sites/default/files/newsevents/workingdocuments/33025-wd-african_declaration_on_internet_governance_en_0.pdf> which 
> affirms freedom of expression, openness and the WSIS  principles of 
> multistakeholder participation? And, will Smart Africa int is 
> interaction/support of AfriNIC adhere to  the African Commission on 
> Human and People's Rights Declaration of Principles on Freedom of 
> Expression <cid:part2.Naj000J0.A4kgHMma at apc.org>. The latter is a 
> particularly strong document and shaped by multistakeholder 
> consultation and in particular civil  society input.  AfriNIC has in 
> the past been active in the formulation of AU internet-related policies.
>
>
> I also have questions on how Smart Africa, which is indeed doing good 
> work and filling a gap left by the lack of capacity at the African 
> Union Commission, plans to work with civil society and promote and 
> protect human rights in its digital governance work.  While Smart 
> Africa does not exclude civil society, it does seem to practice its 
> multistakeholder approach primarily through working with the private 
> sector. AfriNIC also always needed to strengthen its connections with 
> civil society. I hope  that new board will help make that happen.
>
>
> These are not questions for ICANN but I think they are questions 
> relevant to many NCSG members involved in internet governance in 
> Africa (and beyond).   Emmanuel and others, if you do have some of the 
> answers to my questions, please share.
>
>
> Thanks
>
>
> Anriette
>
>
>
>
>
>
>
> Anriette Esterhuysen - anriette at apc.org//anriette at gmail.com 
> <mailto:anriette at apc.org//anriette at gmail.com>
> On 2025/11/14 17:50, Mueller, Milton L wrote:
>
>     I support the letter 100%
>
>     ------------------------------------------------------------------------
>     *From:* Rafik Dammak <rafik.dammak at gmail.com>
>     <mailto:rafik.dammak at gmail.com>
>     *Sent:* Friday, November 14, 2025 1:55 AM
>     *To:* NCSG <ncsg-discuss at listserv.syr.edu>
>     <mailto:ncsg-discuss at listserv.syr.edu>; ncsg-pc
>     <ncsg-pc at lists.ncsg.is> <mailto:ncsg-pc at lists.ncsg.is>
>     *Cc:* Mueller, Milton L <milton at gatech.edu> <mailto:milton at gatech.edu>
>     *Subject:* Re: [NCSG-Discuss] Is ICANN helping to subvert its own
>     governance model?
>     hi all,
>
>     thanks for the comments and input to letter, here the new version
>     after resolving the changes
>     https://docs.google.com/document/d/1CPgRLILaCtsda8YRA4mUtElLXYS6udjF8cHvTo2AXHI/edit?tab=t.0
>     <https://docs.google.com/document/d/1CPgRLILaCtsda8YRA4mUtElLXYS6udjF8cHvTo2AXHI/edit?tab=t.0> .
>     If there is no strong objection or concern, we can send this
>     letter asap to the board for consideration, hopefully by the end
>     of the day.
>
>     Best,
>
>     Rafik
>
>     Le jeu. 13 nov. 2025 à 23:08, Mueller, Milton L
>     <00001d75540da649-dmarc-request at listserv.syr.edu
>     <mailto:00001d75540da649-dmarc-request at listserv.syr.edu>> a écrit :
>
>
>         > I want to urge NCSG members that as we ask for more
>         information, we do so without undermining AfriNIC's new board
>         > and the efforts of this board and those working with it to
>         stabilise AfriNIC. They need our support.
>
>         Absolutely correct. The focus should be on CAIGA proposal,
>         which deviates from multistakeholder principles, the new
>         Afrinic board has very little to do with that as far as I know.
>
>
>         Dr. Milton L Mueller
>
>         Georgia Institute of Technology
>
>         School of Public Policy
>
>         <https://internetgovernance.org>
>
>
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