 |
|
No. 2, 2011 Editor: Anna Celsing Rue Cherpion 46 B-1390 Grez Doiceau Belgium +32 10 84 15 33 anna.celsing@skynet.be Publisher: Ulla Carlsson NORDICOM Göteborg university Box 713 SE-405 30 Göteborg Sweden Archive Subscribe free of charge to On the International Agenda
|
Internet Internet Governance: Who Should Make the Decisions? Internet Governance Core Element of Development Agenda OECD Pushes Its Principles for Internet Policymaking EU, US Vow to Promote Internet Freedom Worldwide Increasing Concern about Privacy Issues Various Factors Shape Freedom of Expression on the Internet Access to Broadband Enough? Copyright WTO Accession Brings Russia under TRIPS Agreement Thoughts on Copyright Reform Becoming More Concrete WIPO: Treaty to Protect Audiovisual Performances Under Way IPR Enforcement: More Discussion on Role of Intermediaries Media – General Focus on Preservation of Digital Information Support for Public Service Media in Tunisia and Egypt UN Action Plan to Improve Safety of Journalists Drafted First International Forum on Media and Information Literacy Global Open Access Portal Launched Internet Internet Governance: Who Should Make the Decisions? [Internet] The intense wrangling over Internet governance in recent months is no doubt evidence of the increasingly important role of the Internet in contemporary society. Governments must have a key function, insist policymakers. Others staunchily defend a more informal multi-stakeholder model. Perhaps we can combine the two, seems to be the latest proposition. During the spring and summer much of the discussion focused on the Internet Corporation for Assigned Names and Numbers (ICANN) which oversees the important Internet address system. At a meeting in May EU Commissioner for the Digital Agenda Neelie Kroes and Lawrence Strickling, Assistant Secretary of the US Department of Commerce, agreed that reforms are necessary to enhance ICANN's responsiveness to governments raising public policy concerns in the Governmental Advisory Council (GAC). A few months later the EU Commission issued a series of six papers on matters related to ICANN outlining policy measures intended to increase government control over the Internet. Read more At the 6th meeting of the Internet Governance Forum (IGF) in Nairobi, Kenya, in September EU Commissioner Kroes explained that she supports the multi-stakeholder approach but that “public authorties have a particular obligation to deal with public policy matters...and this must be reflected in the decision-making process. Otherwise, the outcome of the multi-stakeholder approach is that lobbyists hijack decision-making, that private vested interests trump the public interest, and that some put themselves above the law”. Ms Kroes is obviously disillusioned with the IGF, which is based on the multi-stakeholder model. Others more openly discontented with the IGF are the governments of China, Russia,Tajikistan and Uzbekistan. In September they wrote a letter to the UN Secretary General, proposing a resolution on an International code of conduct for information security affirming that “that policy authority for Internet-related public issues is the sovereign right of States”. To control the spread of undesirable information seems to be the main aim of this proposal, which says, for example, that States should cooperate in curbing the dissemination of information “that undermines other countries' political, economic and social stability, as well as their spiritual and cultural environment”. However, all calls for more government control of Internet governance may not have such goals. There is also a noticeable frustration over the lack of tangible outcomes of the Internet Governance Forum. Many seem dissatisfied with the IGF's dialogue-only model for internet governance, among them countries such as India, Brazil and South Africa which recently tabled a proposal at the UN General Assembly for a new UN body “to coordinate and evolve coherent and integrated global public policies pertaining to the Internet.” This initiative received a mixed response at the IGF meeting in Nairobi. A month later India clarified its position in a proposal for the establishment of a UN Committee for Internet-Related Policies (CIRP). The Committee would be mandated to “facilitate negotiation of treaties, conventions and agreements on Internet-related public policies” but at the same time retaining some aspects of the multi-stakeholder model. The CIRP would comprise 50 Member States chosen on the basis of equitable geographical representation, which would meet annually for two working weeks in Geneva. It would ensure the participation of all relevant stakeholders by establishing four Advisory Groups - one each for civil society, the private sector, inter-governmental and international organizations, and the technical and academic community – which would provide their inputs and recommendations to the CIRP. Among civil society groups, too, one senses a wish to establish more effective rules for Internet governance. At the IGF meeting the development of a joint IGF document on internet governance principles was discussed. “If such a joint statement of principles could be produced during the current term of the IGF’s mandate, it would establish beyond question the IGF’s ability to contribute tangible and lasting outcomes for the guidance of policymakers.” said Jeremy Malcolm of Consumers International. Top Internet Governance Core Element of Development Agenda [Internet] Development issues have been central to the Internet Governance Forum (IGF) from its inception. At the sixth meeting of the IGF in Kenya in September such issues seem to have taken on even more weight. A special session on Internet Governance for Development (IG4D) highlighted “the significance of Internet governance for development, not as a fringe activity but as a core element of the development agenda linking new forms of access, economic developments, innovations and new freedoms and human rights”, writes the Chair of the IGF meeting in its summary. Discussions in this session focused on some specific examples of global Internet governance issues of particular relevance to development. Given the high penetration of mobile devices in developing countries, the significance of mobile Internet was stressed, bringing into focus key policy areas, most notably access to spectrum. Economic issues are also important. Not only do the costs of access have to be driven lower, policy regimes which foster innovation in and around the Internet must be concerned about costs too, writes the Chair, adding: “ An important part about achieving lower costs is an intellectual property regime which fosters the flow of ideas”. Furthermore, participants stressed the importance of social networking tools in development processes along with the rightv of access to and use of such tools. Similar thoughts were expressed in another session on “emerging issues”. Statistics and surveys strongly indicate that the mobile Internet is the future of the Internet. Today about half of all Internet users and one seventh of the world's population has moved to mobile, which brings into focus the importance of spectrum allocation and management. It was also pointed out that mobile devices are often locked and do not allow for open innovation. “The future governance of both the mobile and wired Internet should therefore consider the importance of maintaining an open web platform”, writes the Chair. The Chair's summary of the IGF meeting and other documents are available here Top OECD Pushes Its Principles for Internet Policymaking [Internet] The OECD – an organisation mainly representing the world's most developed nations – seems keen on promoting its views on Internet policy-making in other parts of the world. At an OECD High Level meeting on the Internet economy at the end of June a Communiqué on Principles for Internet Policy-Making was adopted. These principles were later the focus of discussions at an Open Forum organised by the OECD at the IGF meeting in September. At the Forum the importance of Internet policy-making principles was stressed. It seems, however, that the OECD principles were not embraced wholeheartedly by all participants. According to the summary of the Forum, there was also discussion about the “need for developing countries and regions to develop their own principles ensuring ownership and bottom-up processes”. Nor do non-governmental groups seem overly enthusiastic about the OECD principles on internet policy-making. At the High Level meeting in June, NGOs represented in the OECD Civil Society Information Society Advisory Council (CSISAC) expressed concern about, for example, “the text's over-emphasis on protection and enforcement of intellectual property rights”. Top EU, US Vow to Promote Internet Freedom Worldwide [Internet] In recent months policymakers in the European Union as well as in the United States have vowed to promote Internet freedom worldwide. In a resolution adopted in May, the European Parliament underlines the importance of the EU taking action throughout the world to promote respect for freedom of expression, freedom of the press and freedom of access to audiovisual media and new information technologies. The European Parliament “condemns the fact that repressive regimes increasingly censor and monitor the internet”, and urges the European Commission and the EU Member States to promote internet freedom globally. In the United States policymakers have made declarations on this subject too. “Internet Freedom: Supporting Fundamental Freedoms and Privacy” is one of the US Administration's policy priorities described in its International Strategy for Cyberspace issued in May this year. “We encourage people all over the world to use digital media to express opinions, share information, monitor elections, expose corruption, and organize social and political movements, and denounce those who harass, unfairly arrest, threaten, or commit violent acts against the people who use these technologies”, says the US Administration, vowing to support civil society actors in achieving reliable, secure, and safe platforms for freedoms of expression and association. The United States will also collaborate with civil society and nongovernment organizations to establish safeguards protecting their Internet activity from unlawful digital intrusions. Top Increasing Concern about Privacy Issues [Internet] The pervasive nature of the Internet is causing much concern about its impact on privacy and the protection of personal data. In recent months policymakers have been discussing these issues in various parts of the world In the European Union much attention has focused on behavioral advertising, which is based on tracking of consumer Internet surfing habits. The advertising industry advocates self-regulation of its use of cookies, saying it can let consumers chose not to receive - “opt-out” - of advertisements directed at them. Regulators representing the EU member states and consumer rights groups, however, say this is not enough. Consumer advocates hope to insert an “opt-in” mandate in the revised version of the European Union's Data Protection Directive (a draft of the new legislation is expected early next year). Regulators, for their part, have said that the opt-out approach violates European privacy law, which requires consent before personal data can be used. The European debate could well influence the discussion on behavioral advertising in the United States too. In September the Transatlantic Consumer Dialogue(TADC) – representing 77 consumer groups on both sides of the Atlantic - sent a letter to members of the US Congress a day before a hearing on behavioral advertising, urging them to draw lessons from the EU experience with data protection. “There is much the United States could learn from other countries about how to address such challenges and the EU Data Directive provides a very good starting point” writes the consumer coalition. Lately a number of governments have voiced concern about threats to Internet security and are calling for more “cybersecurity”. But such issues often collide with privacy concerns. An American policymaker worried about this development is Senator Patrick Leahy, Chairman of the Senate Judiciary Committee who is working to update the Electronic Communications Privacy Act (ECPA). “ We cannot wait to act on comprehensive cybersecurity legislation. But, we must proceed in a way that is respectful of our privacy rights and civil liberties. I strongly believe that forfeiting privacy in the name of gaining greater security would result in a loss of both”, said the Senator at a conference in Washington in June. At the IGF meeeting in Kenya in September the relation between privacy and other Internet issues was pointed out too. “ Considerable consensus was reached around the concept that Internet security, openness and privacy were inter-related issues and should be treated as such when considering policy formulation at all levels. It was also emphasized that the three issues needed to be given equal attention”, writes the Chair of the IGF meeting in his summary (available here) Privacy issues have also been discussed at other, more recent, international gatherings. At the 33rd International Conference of Data Protection and Privacy Commissioners in Mexico City in early November, the Commissioners called for a revision of national laws and international instruments in order to guarantee data protection. Among other things, the right to be forgotten must be ensured in the digital world, they said. Organized back-to-back to this conference the OECD held a conference in Mexico with focused on the interoperability of privacy frameworks. Top Various Factors Shape Freedom of Expression on the Internet [Internet] At the end of May the UNESCO issued a publication entitled Freedom of Connection – Freedom of Expression: The Changing Legal and Regulatory Ecology Shaping the Internet. The book's leading author, Professor William Dutton, argues against focusing too narrowly on Internet content filtering. His framework on the "ecology of freedom of expression" suggests a broader focus on six interrelated arenas that are shaping freedom of expression: • technical initiatives, related to connection and disconnection; • digital rights, including those tied directly to freedom of expression and censorship; • industrial policy and regulation, including intellectual property, industrial strategies, and ICTs for development; • measures focused on fraud, child protection, decency, libel and control of hate speech; • network policy and practices, including standards related to identity, and regulation of Internet service providers; and • security, ranging from controlling spam and viruses to protecting national security. Top Access to Broadband Enough? [Internet] If you don't want to be left behind in today's economy you need a well-functioning broadband infrastructure, is a recurrent message from the OECD and the International Telecommunication Union (ITU) to developing countries, often accompanied by extensive policy advice. Access to broadband is not enough, however stresses UNESCO. The importance of broadband access was highlighted at an OECD High Level Meeting on the Internet Economy, held in Paris at the end of June . “Future economic growth in Members and non-Members will depend greatly on the ability to utilize high-speed Internet access to support breakthroughs in areas such as cloud computing and smart infrastructures. To fully reap the benefits of high-speed broadband, countries will have to develop and promote broadband Internet access and coverage at high speeds”, writes the Chair of the meeting in his summary of the discussion. The growing importance of wireless infrastructure, linked with the proliferation of mobile devices such as smart phones and tablet computers, was pointed out at the meeting. “ This could improve access to broadband, but only if appropriate and sufficient spectrum is made available and the prices and terms of use for wireless services are competitive with other technologies”, writes the Chair. At ITU's Global Symposium for Regulators in September Best Practices Guidelines on regulatory apporaches to advance the deployment of broadband were agreed by regulators and policymakers. Last year ITU and UNESCO launched the Broadband Commission for Digital Development. In June the Commission issued its second report, “Broadband: a Platform for Progress”. The report makes a strong case for broadband as a motor of economic growth and the creation of new jobs, citing country case studies and reports by leading consultancies. It also discusses the issue of universal service for broadband, considered “vitally important” to ensure that citizens in remote and rural areas have access to broadband, even though they live outside more profitable urban areas. UNESCO Director-General Irina Bokova, however, points out that access is not enough. “Access to broadband is only one part of the picture – developing human capacity is absolutely vital, to ensure that individuals have the skills to make the most of new technologies. This means education, it means media literacy, it means ensuring that all marginalized groups are included. All actors – national, international, private and public – must work together to these ends”, stressed Ms Bokova at the presentation of the report. Top Copyright WTO Accession Brings Russia under TRIPS Agreement [Copyright] On 10 November the World Trade Organization announced that Russia and the WTO working party for its accession have come to agreement. Now Russia will become party to the WTO’s landmark agreement on intellectual property rights, TRIPS. According to the WTO, the Russian Federation would fully apply the provisions of TRIPS, inclu-ding provisions for enforcement, without recourse to any transitional period. It would also investigate and prosecute companies that illegally distribute objects of copyright or related rights on the Internet. And by the time of its accession Russia would apply all rules of the Berne Convention for the Protection of Literary and Artistic Works. The formal decision to accept Russia as a WTO member is expected to be taken at the WTO Ministerial Conference on 15-17 December. Lawmakers in the United States are no doubt pleased about this development. Recently leaders of the US Senate and House of Representatives Judiciary Committees sent a letter urging the US Trade Representative to hold Russia accountable to its intellectual property obligations. Read more Top Thoughts on Copyright Reform Becoming More Concrete [Copyright] In recent years there have been many calls for a modernisation of the copyright system. Lately several more concrete proposals of international interest have been put forward. In May the much-anticipated Hargreaves report on a review of intellectual property and growth commissioned by the United Kingdom Intellectual Property Office was issued. The Director General of the World Intellectual Property Organization (WIPO), Francis Gurry, welcomed the report saying he expected it to “be influencial well beyond the United Kingdom in developing responses to the many challenges confronting intellectual property”. The review suggested the creation of a “digital copyright exchange” to attach automated digital rights and conditions information to copyrighted material, a one-stop shop for cross-border licensing, and new laws allowing format-shifting. It also strongly urged the UK to make IP policy based on evidence, not lobbying, reports Intellectual Property Watch, a non-profit independent news service. In August a Global Congress on Intellectual Property and the Public Interest was held in Washington D.C. The Congress convened over 180 experts from 32 countries and six continents to help re-articulate the public interest dimension in intellectual property law and policy. The conclusions of the gathering are recorded in the Washington Declaration on Intellectual Property and the Public Interest. So far neither the substantial risks of intellectual property maximalism, nor the benefits of more open approaches, are adequately understood by most policymakers or citizens, says the Declaration. This must change if the notion of a public interest distinct from the dominant private interest is to be maintained. International intellectual property policy affects a broad range of interests within society, not just those of rights holders. Therefore policy making should be conducted through mechanisms of transparency and openness that encourage broad public participation. New rules should be made within the existing forums responsible for intellectual property policy, where both developed and developing countries have full representation, and where the texts of and forums for considering proposals are open. All new international intellectual property standards must be subject to democratic checks and balances, including domestic legislative approval and opportunities for judicial review, concluded the Congress. The Declaration also contains many concrete proposals, for example on strengthening copyright limitations and exceptions, and checking enforcement excesses. The Declaration will remain open for endorsement and comment until the next Congress convenes in Rio de Janeiro in August 2012. Top WIPO: Treaty to Protect Audiovisual Performances Under Way [Copyright] The position of performers in the audiovisual industry is soon to be strengthened. In September a decision was taken by the General Assembly of the World Intellectual Property Organization (WIPO) to convene a diplomatic conference in 2012 to agree an international treaty on the rights of performers in their audiovisual performances. The convening of a diplomatic conference signals entry into the final phase of treaty negotiations. WIPO explains that the adoption of a new instrument would strengthen the precarious position of performers in the audiovisual industry by providing a clearer legal basis for the international use of audiovisual productions, both in traditional media and in digital networks. It would also contribute to safeguarding the rights of performers against the unauthorized use of their performances in audiovisual media, such as television, film and video. Read more At the meeting in June of the Standing Committee on Copyright and Related Rights (SCCR) WIPO member states agreed compromise wording on the provision on the transfer of rights which made it sufficiently flexible to adapt to different national laws, thereby paving the way for the conclusion of a treaty. During this meeting the SCCR also discussed better access to copyright-protected works for the visually impaired. Member states requested the Chair of the Committee to prepare a text for an international instrument on limitations and exceptions for persons with print disabilities. Read more Top IPR Enforcement: More Discussion on Role of Intermediaries [Copyright] How to combat Internet piracy has been a recurrent theme in policy discussions during the last few years. This summer the issue was brought up at two important international gatherings. As is often the case, attention focused, i.al., on the role and responsibilities of Internet service providers and other ”intermediaries”. At the World Copyright Summit in Brussels in June one of the keynote speakers was Victoria Espinel, the US Intellectual Property Enforcement Coordinator, whose office has delivered the US Administration's Plan on US Administration's Plan on Intellectual Property Enforcement as well as it's International Strategy for Cyberspace, two important policy documents in this field. Ms Espinel said that the old top-down model of enforcement is not a good idea. To make good laws and enforce them is important, but it is also vital to engage Internet service providers (ISPs) and others in the private sector and create volontary solutions through productive conversations. Participants at the Global Congress on Intellectual Property and the Public Interest - convened in Washington D.C. in August - had a different view on this matter. In its concluding declaration they vowed to work to “limit the duties, rights, or abilities of Internet service providers to monitor or control the communications of their users based on the content of these communications”. Top Media – General Focus on Preservation of Digital Information [Media – General] Preservation of digital information is becoming a more and more important issue. In October this subject was discussed in Moscow at an international conference entitled Preservation of Digital Information in the Information Society: Problems and Prospects. At the conclusion of the conference – which was organized within the framework of the Russian chairmanship in the Intergovernmental Council of the UNESCO Information for All Programme - participants unanimously adopted the Moscow Declaration on Digital Information Preservation. The preservation of digital information must become an inalienable part of cultural, educa-tional, research and information policy, as well as of information society policy, says the Declaration. Also important is to promote the awareness of decision-makers and the public-at-large of potential risks and basic principles pertaining to digital information storage, including long-term storage. The Declaration proposes that UNESCO use its 'Information for All Programme' as an inter-national platform for discussion and exchange of experience as well as to develop a political framework. UNESCO should also update and upgrade the Charter on the Preservation of Digital Heritage. Top Support for Public Service Media in Tunisia and Egypt [Media – General] At the end of May a major international conference was held at the UNESCO headquarters in Paris to support the development of public service media in Tunisia and Egypt in the presence of the new executives of Tunisian and Egyptian public television and radio. The conference was organized with a view to shedding light on the needs of Tunisia and Egypt in the broadcast media sector. High-level representatives of the Tunisian and Egyptian public television and radio summarized the challenges faced by the broadcast media in their countries in this critical transitional period and participants discussed current and future media assistance activities in Tunisia and Egypt as well as ways of coordinating efforts in order to avoid duplication. The European Broadcasting Union (EBU) and the Spanish government officially announced that they would provide funds to support these efforts. Read more Top UN Action Plan to Improve Safety of Journalists Drafted [Media – General] More than 500 journalists have been killed in the course of their duties over the past decade. Many more have been assaulted, abducted, sexually violated, intimidated, harassed, arrested or illegally detained. On 13-14 September representatives of United Nations agencies, programmes and funds met at in Paris with the aim of establishing a coordinated, UN system-wide approach to preventing and combatting these crimes. At the meeting the participants drafted an Action Plan to improve the safety of journalists and combat impunity of crimes against them. Among the measures outlined in the Draft Plan is assisting countries to develop legislation and mechanisms favourable to freedom of expression and information. The Draft Plan of Action will be presented to UNESCO’s International Programme for the Development of Communication (IPDC) at its next session in March 2012 and will then be submitted to the bodies in charge of UN-wide coordination. Read more At the meeting the International Federation of Journalists (IFJ) stressed that a new set of rules or a new treaty are not necessary. "What we need urgently to address is finding ways for better implementation of the existing rules and principles, better funding for the monitoring, follow up and capacity building activities and tougher diplomacy from those governments who say they understand the importance of free and independent media, said IFJ General Secretary Beth Costa. Top First International Forum on Media and Information Literacy [Media – General] UNESCO believes the convergence of broadcast and telecommunication technologies, driven by the digital age, requires that information literacy and media literacy be considered together. Recently UNESCO supported the First International Forum on Media and Information Literacy (MIL) held in Fez, Morocco in June. Here the participants adopted the Fez Declaration on Media and Information Literacy in which they reaffirm the conviction that MIL is a fundamental human right, particularly in the digital age, and emphasize its importance for social, economic and cultural development. The Declaration calls upon all stakeholders worldwide to join efforts for promoting media and information literacy, and enhance regional, inter-regional and global cooperation to this effect. The Second Edition of the International Forum on MIL is proposed to take place in March/April 2013. Similar calls for promoting these types of skills were made in the recent report of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue. Top Global Open Access Portal Launched [Media – General] A Global Open Access Portal (GOAP) was launched at a special side event organized in early November during the 36th session of the UNESCO General Conference in Paris. GOAP presents a snapshot of the status of Open Access (OA) to scientific information around the world and provides information for policy-makers to learn about the global OA, to view their country’s status, and understand where and why Open Access has been most successful. The portal includes country reports from over 148 countries with weblinks to over 2000 initiatives/projects in Member States. Top |
About the newsletter On the International Agenda is a newsletter from NORDICOM providing you with news on some of the major policy developments at the international level of importance to the media sector. We concentrate on news from intergovernmental organisations, such as UNESCO, WIPO and ITU, but also report on policy-related work and positions taken by non-governmental organisations, professional associations and more informal networks active in the field. |
NORDICOM is an institution within
the Nordic Council of Ministers