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Academy of ICT Essentials for Government Leaders
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Session 2: Dimensions of Internet Governance: Use of the Internet
ANG Peng Hwa
Nanyang Technological University [email protected]
Internet Governance
Organized by UN Asian and Pacific Training Centre for Information and Communication
Technology for Development (UN-APCICT)
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Agenda
Learning Objectives: To give an overview of the WGIG Final Report, the workaday is-suesthe Report raised, and the regulatory approaches to address them
Learning Outcomes: To be aware of the solutions to the political tensions and the shortcomings of the solutions; to be aware of other modes of regulation other than just law.
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Agenda
WGIG ReportInternet Governance Definition and its Significance The issues and the recommendationsICANN and the role of the USA
WSIS 2 in TunisCompromise of ICANN and ccTLDs
4 modes of regulationApplication to e-commerceA proposed roadmap for Internet governance
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WSIS 2 in Tunis
ICANN to continue to be in US handsBut ccTLD to be placed in the hands of
national governments Control over .ir to be in the hands of Iranian
government
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Exercise: ccTLDBorat.kz? How should one
treat it?Can Kazakhstan ask for the
Boratkz.com domain name to be disallowed?
Can the USA disallow the name visitcuba.com?
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The WGIG Report is . . .
An excellent summary of key governance issues regarding the internet
A model for the internet governance process
WGIG embraced government, private sector and civil society
The WGIG process was open and transparent
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The WGIG Report is NOT
A roadmapA plan for action
So how should developing countries approach Internet governance?
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Four Clusters of Issues
1. Physical Infrastructure ICANN-related issues: IP addresses,
domain names and root zone server2. Use of Internet
Spam, network security, cybercrime3. Issues related to Internet but with wider impact
Competition policy, e-commerce, IPR4. Development aspects of Internet
Digital Solidarity Fund.
“Political” issues
Abuse/Misuse/Use issues
Development issues
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How Does Anyone Begin to Regulate the Internet?
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Modes of Regulating Life (and the Internet)
1. Law: government and private sanctions and force, including self-regulation
2. Social norms: through expectation, encouragement, or embarrassment
3. Markets: price and availability4. Architecture: what technology permits,
dissuades or prohibits.
Source: Lessig, 1999
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#4 Architecture
It is possible to regulate behaviour using technology
Anti-piracy softwareE.g. speed bumpsSoftware to block contentHoneynet
Architecture refers to basic designE.g. making a road winding to slow down driversE.g. is free speech built into the internet?
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#3 Markets
Not just prices, but also rules of fair play, clear contractual terms, competition in
the marketplaceIdea of trading, buying and sellingShould privacy on the Internet be allowed to
be governed by private agreement instead of law?
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#2 Social Norms
Idea of social pressureEasier when there is a social grouping
Netiquette, eg no-spam, on-topic posts, no need for “welcome” response to “thank you”
Posts and comments should be relevant to discussions in online fora.
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#1 Laws, including Self-Regulation
Made by parliament/national assemblyDanger of laws in fast-changing technology
Not enough experience with the technology or the law, eg Utah’s Digital Signature Act, which became obsolete quickly and was repealed 2005.
Need multistakeholder approach
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Self-regulation
Means industry regulating industryNot the person or company regulating himself or
itselfMeans the government delegating power to
industry to regulate itselfUltimate power still lies with government
Needs motivated private sector
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Exercise:
To what extent are the four modes of regulation used to regulate the Inter-netin Iran?
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Recommendations to Address Internet-related Issues
List of issues: Administration of root zone files and root server
system of domain name system;IP addressing;Interconnection costs; Internet stability, security and cybercrime; spam; Freedom of expression;Meaningful participation in global policy
development;Data protection and privacy rights; consumer
rights;Multilingualism.
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Suggested Road Map
1. Access and Service Provision2. Electronic Commerce3. Content Regulation4. Security5. Intellectual Property Rights6. Privacy
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1. Access and Service Provision
Competitive telecommunication market Lowers prices and improves service quality of
information services Responsibilities and liabilities of access and
service providers. Reduced immunity from liability for intermediaries,
eg ISP, website
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2. Electronic Commerce (1)
Worth working on because solving issues here resolves a host of problems
Legally recognise electronic environmentAdmit electronic evidenceRecognise e-transactions Recognise digital signatures and digital
certificatesEncourage electronic payment
mechanisms and their use
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2. Electronic Commerce (2)
Make contract (and other) law applicableClarify rights, responsibilities and liabilities of
various parties and dispute resolution mechanisms
Empower police to enforce law in electronic commerce
Clarify taxation in electronic commerce.
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Application: E-Commerce
Opens new markets24-hour storeEliminates middlemanAutomates businessBut not for all businesses
Customers want to test expensive itemsShopping is leisure activity
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Exercise:
What regulations are needed to enable or enhance e-commerce in Iran?
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3. Content Regulation
Some will not subscribe to Internet because of objectionable content
How to block objectionable materials on the Internet—principally for children
How to protect national interests against foreign undesirable materials
How to reconcile conflicting cultural values in information content.
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4. Security
How to protect against breaches of security in computer systems and networksNeed for a CERT (computer emergency
response team) or CSIRT (computer security incident response team)
How to prevent crime in the digital environment
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5. Intellectual Property Rights
How to acquire, protect and manage rights in the digital environment
How to prevent piracy of copyrighted worksHow to extend the current copyright regime
to include digital works.
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6. Privacy
Probably need to draft data protection rules Countries gradually developing DP rules Necessity to comply with OECD’s Guidelines on
privacy EU moving from Data Protection Directive,
which demands that third-parties have “adequate level” of data protection before they can process data from the EU, to EU-wide law
How to regulate use of personal information by public and private institutions.
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Summary
1. Policies should encourage a competitive environment so as to lower prices for the consumer and develop a healthy industry
2. Update laws to enable e-commerce transactions
Evidence Act Digital Signature Act E-Transactions Act
3. Empower law enforcement to fight online fraud and crime and enforce the law on the Internet.
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Summary
4. Regulate content with an eye to solving problems, not just because the con-
tent has been regulated; 5. Try to use international norms; 6. Consult industry widely, both to educate
and to be educated. 7. Update copyright laws as needed.8. Look into data protection regulation.