Is cyberspace governed? Who governs it? What role should states play in its governance? What role should other organizations (e.g. the UN, ICANN) play? What role should business play?
Technically, Cyberspace is not governed. The existence of the dark web and the piracy of intellectual property is proof enough that by and large, the World Wide Web has no regulatory body enforcing “Maritime Law” or “International Law”. However, in practical use, the lynch pin in Governing Cyberspace is DNS. Very few people utilize IP addresses when accessing websites ( could you imagine having to type 109.199.103.239 everytime you wanted to visit www.norwich.edu ?) And this governance has been applied many times to combat piracy, or prevent slander.
At least 29 countries have, at one point, blocked thepiratebay.org, a popular filesharing site [1]. Of course, this could be bypassed via proxies or virtual private networks, but effectively, it prevented the layman from accessing the site. In that way, governing DNS was an effective means of regulating cyberspace. Further proof of cyberspace regulation resides with ICANN, (Internet Corporation for Assigned Names and Numbers) and their UDRP Policy ( I know my RAS Syndrome is showing. )
The Uniform Domain Name Dispute Resolution Policy has three rules that, if obtained, permits the deletion of a website (or more correctly, the assignation of DNS to that website, but the fact that there is little difference to the average internet user is the point I am trying to make. ) Those rules are as follows: [2]
that the registered domain name(s) must be “identical or confusingly similar to a trademark or service mark” in which the moving party—the complainant—has rights;
that the owner of the domain name(s)—the respondent—does not have “rights or legitimate interests” in the domain name(s); and
that the domain name(s) must have been registered and are now being used “in bad faith.”
I consider this evidence that the Internet as we know it is in fact regulated and governed, and that governing body is ICANN, a US based organization. And I believe this to be sufficient regulation. The internet is, by design, decentralized. By combating user deception and little else, I believe ICANN successfully impartially regulates the world wide web for the better, and any further acts of governance would undermine the developmental philosophy of the internet, and, in the interest of free speech, should be fought against.
[1] https://en.wikipedia.org/wiki/Countries_blocking_access_to_The_Pirate_Bay
[2] https://www.lexology.com/library/detail.aspx?g=1738d8db-1f83-439a-acd3-eb33a0d7647f
“but in general, the Internet in the US is largely unregulated and ungoverned… in the US”
I would amend this statement by saying the Internet in the US is largely unregulated and ungoverned… by the US government. One could argue that US Cyberspace is presently regulated by our Internet Service Providers. Recent throttling of Skype services by AT&T[1] has raised more than a few heads, though it should come as little surprise. Not only are they a direct competitor, but Skype has been notorious for hogging bandwidth, and there are tutorials dating back to 2012 instructing users on limiting or governing the programs upload speed[2]. Whether or not this “regulation” is what the consumer wants remains to be ascertained, but anyone who has received as cease and desist letter for downloading music can affirm to the current regulation and governance of US Cyberspace.
[2] https://superuser.com/questions/77252/how-to-prevent-skype-from-hogging-bandwidth