module 5 ig presentation iran 2

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.