1. Academy of ICT Essentials for Government Leaders 1 Session 2: Dimensions of Internet Governance: Use of the Internet ANG Peng Hwa Nanyang Technological University tphang@ntu.edu.sg Internet Governance Organized by UN Asian and Pacific Training Centre for Information and Communication Technology for Development (UN-APCICT)

2. Academy of ICT Essentials for Government Leaders 2 Agenda Learning Objectives: To give an overview of the WGIG Final Report, the workaday issues the 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.

3. Academy of ICT Essentials for Government Leaders 3 Agenda  WGIG Report  Internet Governance Definition and its Significance  The issues and the recommendations  ICANN and the role of the USA  WSIS 2 in Tunis  Compromise of ICANN and ccTLDs  4 modes of regulation  Application to e-commerce  A proposed roadmap for Internet governance

4. Academy of ICT Essentials for Government Leaders 4 WSIS 2 in Tunis  ICANN to continue to be in US hands  But ccTLD to be placed in the hands of national governments  Control over.ir to be in the hands of Iranian government

5. Academy of ICT Essentials for Government Leaders 5 Exercise: ccTLD  Borat.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?

6. Academy of ICT Essentials for Government Leaders 6 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

7. Academy of ICT Essentials for Government Leaders 7 The WGIG Report is NOT  A roadmap  A plan for action So how should developing countries approach Internet governance?

8. Academy of ICT Essentials for Government Leaders 8 Four Clusters of Issues 1.Physical Infrastructure  ICANN-related issues: IP addresses, domain names and root zone server 2.Use of Internet  Spam, network security, cybercrime 3.Issues related to Internet but with wider impact  Competition policy, e-commerce, IPR 4.Development aspects of Internet  Digital Solidarity Fund. “Political” issues Abuse/Misuse/Use issues Development issues

9. Academy of ICT Essentials for Government Leaders 9 How Does Anyone Begin to Regulate the Internet?

10. Academy of ICT Essentials for Government Leaders 10 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 availability 4.Architecture: what technology permits, dissuades or prohibits. Source: Lessig, 1999

11. Academy of ICT Essentials for Government Leaders 11 #4 Architecture  It is possible to regulate behaviour using technology  Anti-piracy software  E.g. speed bumps  Software to block content  Honeynet  Architecture refers to basic design  E.g. making a road winding to slow down drivers  E.g. is free speech built into the internet?

12. Academy of ICT Essentials for Government Leaders 12 #3 Markets  Not just prices, but also rules of fair play, clear contractual terms, competition in the marketplace  Idea of trading, buying and selling  Should privacy on the Internet be allowed to be governed by private agreement instead of law?

13. Academy of ICT Essentials for Government Leaders 13 #2 Social Norms  Idea of social pressure  Easier 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.

14. Academy of ICT Essentials for Government Leaders 14 #1 Laws, including Self-Regulation  Made by parliament/national assembly  Danger 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

15. Academy of ICT Essentials for Government Leaders 15 Self-regulation  Means industry regulating industry  Not the person or company regulating himself or itself  Means the government delegating power to industry to regulate itself  Ultimate power still lies with government  Needs motivated private sector

16. Academy of ICT Essentials for Government Leaders 16 Exercise:  To what extent are the four modes of regulation used to regulate the Internet in Iran?

17. Academy of ICT Essentials for Government Leaders 17 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.

18. Academy of ICT Essentials for Government Leaders 18 Suggested Road Map 1.Access and Service Provision 2.Electronic Commerce 3.Content Regulation 4.Security 5.Intellectual Property Rights 6.Privacy

19. Academy of ICT Essentials for Government Leaders 19 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

20. Academy of ICT Essentials for Government Leaders 20 2. Electronic Commerce (1) Worth working on because solving issues here resolves a host of problems  Legally recognise electronic environment  Admit electronic evidence  Recognise e-transactions  Recognise digital signatures and digital certificates  Encourage electronic payment mechanisms and their use

21. Academy of ICT Essentials for Government Leaders 21 2. Electronic Commerce (2)  Make contract (and other) law applicable  Clarify rights, responsibilities and liabilities of various parties and dispute resolution mechanisms  Empower police to enforce law in electronic commerce  Clarify taxation in electronic commerce.

22. Academy of ICT Essentials for Government Leaders 22 Application: E-Commerce  Opens new markets  24-hour store  Eliminates middleman  Automates business  But not for all businesses  Customers want to test expensive items  Shopping is leisure activity

23. Academy of ICT Essentials for Government Leaders 23 Exercise:  What regulations are needed to enable or enhance e-commerce in Iran?

24. Academy of ICT Essentials for Government Leaders 24 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.

25. Academy of ICT Essentials for Government Leaders 25 4. Security  How to protect against breaches of security in computer systems and networks  Need for a CERT (computer emergency response team) or CSIRT (computer security incident response team)  How to prevent crime in the digital environment

26. Academy of ICT Essentials for Government Leaders 26 5. Intellectual Property Rights  How to acquire, protect and manage rights in the digital environment  How to prevent piracy of copyrighted works  How to extend the current copyright regime to include digital works.

27. Academy of ICT Essentials for Government Leaders 27 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.

28. Academy of ICT Essentials for Government Leaders 28 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.

29. Academy of ICT Essentials for Government Leaders 29 Summary 4. Regulate content with an eye to solving problems, not just because the content 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.