A A IGF IGF WSIS+10 SPECTRUM ALLOCATION SA SH SAFE HARBOR INTERNET GOVERNANCE FORUM This year’s Internet Governance Forum (IGF) pushed the boundaries in terms of tangible outcomes. Cognisant of the fact that it must evolve in order to remain relevant, the IGF community embraced the outputs on intersessional work and considered a number of documents as outputs. Yet, this can evolve further… And in an update from our data-min- ing analysis of IGF 2015 transcripts, the results reveal the structure of five main topics. WSIS+10 PROCESS The WSIS+10 review process will culminate with a high- level meeting of the United Nations General Assembly in December. Building on the innovative reporting from the 10th IGF, the Digital Watch reporting team is gearing up to provide live updates from New York. In preparation, Diplo’s CreativeLab has analysed the dominant themes related to the event, present in the online media sources. SPECTRUM ALLOCATION A number of agreements on spectrum allocation were reached during the International Telecommunication Union World Radiocommunication Conference, including the allo- cation of radio-frequency spectrum for global flight track- ing in civil aviation and the assignment of frequency band to the operation of short-range high-resolution automotive radar. SAFE HARBOR In the aftermath of the recent ruling of the Court of Justice of the European Union – which invalidated the long-stand- ing Safe Harbor Framework – officials from the EU and the USA are now negotiating a new framework for the west- ward transfer of personal data. Short-term alternatives are available, as the European Commission has recently af- firmed, yet the deadline imposed by the Article 29 Working Party is looming. More on page 3 More on page 7 More on page 2 More on page 6 In addition to this newsletter you can find in-depth coverage on the GIP Digital Watch website (http://digitalwatch.giplatform.org) and join live discussions on the last Tuesday of every month online or at the Geneva Internet Platform premises | Geneva Digital Watch newsletter is published by the Geneva Internet Platform/DiploFoundation | Design by Viktor Mijatovic, Diplo’s CreativeLab | Contributors for this issue: Stephanie Borg Psaila, Marianna Drake, Tereza Horejsova, Jovan Kurbalija, Goran Milovanovic, Vladimir Radunovic, Vladimir Veljasevic | Send your comments to [email protected]You receive hundreds of pieces of information on digital politics. We receive them, too. We decode, contextualise, and analyse them. Then we summarise them for you. Issue no. 6: December 2015
Transcript
AAA
IGFIGF
WSIS+10
SPECTRUM ALLOCATION SA
SH SAFE HARBOR
INTERNET GOVERNANCE FORUMThis year’s Internet Governance Forum (IGF) pushed the boundaries in terms of tangible outcomes. Cognisant of the fact that it must evolve in order to remain relevant, the IGF community embraced the outputs on intersessional work and considered a number of documents as outputs. Yet, this can evolve further… And in an update from our data-min-ing analysis of IGF 2015 transcripts, the results reveal the structure of five main topics.
WSIS+10 PROCESSThe WSIS+10 review process will culminate with a high-level meeting of the United Nations General Assembly in December. Building on the innovative reporting from the 10th IGF, the Digital Watch reporting team is gearing up to provide live updates from New York. In preparation, Diplo’s CreativeLab has analysed the dominant themes related to the event, present in the online media sources.
SPECTRUM ALLOCATIONA number of agreements on spectrum allocation were reached during the International Telecommunication Union World Radiocommunication Conference, including the allo-cation of radio-frequency spectrum for global flight track-ing in civil aviation and the assignment of frequency band to the operation of short-range high-resolution automotive radar.
SAFE HARBORIn the aftermath of the recent ruling of the Court of Justice of the European Union – which invalidated the long-stand-ing Safe Harbor Framework – officials from the EU and the USA are now negotiating a new framework for the west-ward transfer of personal data. Short-term alternatives are available, as the European Commission has recently af-firmed, yet the deadline imposed by the Article 29 Working Party is looming.
More on page 3
More on page 7
More on page 2
More on page 6
In addition to this newsletter you can find in-depth coverage on the GIP Digital Watch website (http://digitalwatch.giplatform.org) and join live discussions on the last Tuesday of every month online or at the Geneva Internet Platform premises | Geneva Digital Watch newsletter is published by the Geneva Internet Platform/DiploFoundation | Design by Viktor Mijatovic, Diplo’s CreativeLab | Contributors for this issue: Stephanie Borg Psaila, Marianna Drake, Tereza Horejsova, Jovan Kurbalija, Goran Milovanovic, Vladimir Radunovic, Vladimir Veljasevic | Send your comments to [email protected]
You receive hundreds of pieces ofinformation on digital politics.
We receive them, too.We decode, contextualise, and analyse them.
Anytime you see this icon, there is more background material in the digital version. Alternatively, visit www.giplatform.org/digitalwatch for more in-depth information.
ITU World Radiocommunication Conference 2015 (WRC-15): The International Telecommunication Union (ITU) World Radiocommunication Conference (WRC) takes place once every three to four years to negotiate the global management of radio-frequency spectrum and satellite orbits. In ses-sion this year from 2 to 27 November, WRC-15 brought together over 3000 delegates and 100 observ-ers from the ITU’s private sector members. The conference sought to address a number of issues of global concern, such as road safety, space research, and climate change.
The treaty-making conference must balance the demands of the broadcasting, mobile, and satellite industries in order to reach consensus on how to allocate the limited radio-frequency spectrum. A number of agreements have been reached, including the allocation of radio-frequency spectrum for global flight tracking in civil aviation, as well as the assignment of the 79GHz frequency band to the operation of short-range high-resolution automotive radar. Significantly, on 19 November, an Israeli-Palestinian agreement was reached on the assignment of radio frequencies to aid cellular phone operations.
The CERN Model, United Nations, and Global Public Goods : The United Nations Office at Geneva and CERN (the European Organization for Nuclear Research) co-hosted a symposium exploring the value of applying the CERN model of cooperation to the international community’s work in attain-ing the 2030 Agenda for Sustainable Development. Bringing together policymakers, representatives of civil society, and scientists, it sought to spark a debate over how to break down policy silos across communities when working towards global objectives. Speaking at the event, DiploFoundation Direc-tor and Head of the Geneva Internet Platform (GIP) Dr Jovan Kurbalija explored how the Internet’s global political impact affects the implementation of the 2030 Agenda. He emphasised the need to use scientific arguments in making and implementing policy, and the centrality of knowledge in societal development. He explained how many of the global problems we face should be seen more broadly as part of the great philosophical and sociological challenges of modern society. He called for new approaches to address these problems, and expressed his hope that applying the same model of agile project management to international organisations could help lead to fresh solutions.
UN Forum on Business and Human Rights: Launch of the Ranking Digital Rights Index: During the 4th Annual UN Forum on Business and Human Rights , the Ranking Digital Rights Corporate Ac-countability Index was introduced to a broader community of stakeholders working on business and human rights issues. The Index was developed as a tool for users, civil society, investors, poli-cymakers, and companies themselves to identify best practices. It ranks 16 Internet and telecom-munication companies against 31 indicators in order to examine companies’ disclosed policies and practices affecting users’ freedom of expression and privacy. The Index thus sheds light on compa-nies’ responsibilities to respect human rights, including freedom of expression and privacy. During the event, organised by the Ranking Digital Rights project , the Index’s findings and recommenda-tions were discussed, and the issue of how these findings affect business and human rights was considered. Emphasis was placed on how responsible investors and companies can use the Index data and indicators to plan and measure progress.
Geneva Internet Platform Briefing on the WSIS+10 Review Process: In preparation for the UN Gen-eral Assembly High Level Meeting in December 2015, the GIP organised a briefing on the WSIS+10 Review Process for Geneva-based diplomats. The briefing was given by Ambassador Janis Karklins, Permanent Representative of Latvia to the UN in Geneva and Chair of the Multistakeholder Advisory Group of the Internet Governance Forum (IGF). Ambassador Karklins opened the briefing by stat-ing: ‘There are only two possible outcomes of the WSIS [World Summit on the Information Society] review process – it will either be good, or very good. Nothing else is possible; therefore we’re on very safe ground.’ This set the tone for a positive briefing, explaining the process of the WSIS+10 review, the implementation of the Recommendations of the Commission on Science and Technology for Development Working Group on Improvements to the IGF, and the next steps for the IGF, including developing more tangible outcomes for relevant stakeholders. Ambassador Karklins focused on the issue of ICTs as enablers of the 2030 Agenda for Sustainable Development, and the significance of ensuring that the potential of ICTs for development is harnessed as they play such a ‘fundamental role in today’s world’.
Geneva Peace Week – Contemporary Challenges to Peace and Security in Cyberspace: As part of the Geneva Peace Week, the Geneva Centre for the Democratic Control of Armed Forces (DCAF) , the Geneva Centre for Security Policy (GCSP) , and the GIP organised a panel discussion on Contem-porary Challenges to Peace and Security in Cyberspace . The panellists considered how new digital tools offer opportunities for information sharing, democratic participation, and even human devel-opment; yet our increasing reliance on them poses new challenges and vulnerabilities. The resulting discussion analysed the current challenges to peace and security in cyberspace, such as malicious operations and cybercrime. As cyberspace requires cooperation between states, international or-ganisations, and businesses, it also considered the role international law, national governments, and Internet governance could each play in addressing these challenges.
This year’s 10th Internet Governance Forum (IGF) was host to particularly vibrant discussions on past and future IGF developments. There was a reflective mood amongst participants as the event took place only one month before the United Nations General Assembly (UNGA) High-Level Meeting on WSIS+10 which will determine the IGF’s future.
The past ten years of the IGF’s existence, since its creation at WSIS (World Summit on the Information Society) in 2005, have seen the rapid development of the Internet, from an academic network to a critical communication infrastructure of modern society. Internet users have significantly increased, particularly in developing countries. Although it would be too far-fetched to give credit for the Internet’s fast growth to the IGF, it did provide a number of key building blocks. If nothing else, the IGF has been the place where through discussion and engage-ment, traditional geopolitical tensions have been diffused.
Today’s digital work is different from that in 2005 as the Internet has become a global critical infrastructure with high strategic, economic, and political relevance. The IGF must adjust to this new reality in order to remain relevant and provide answers to today’s challenges.
The discussion in João Pessoa acknowledged this. The community delved deeper into addressing a critical point: the lack of tangible out-comes from the IGF. It embraced the outputs on the intersessional work which began shortly after the last IGF in Istanbul. Additionally, this year’s IGF considered six Best Practices documents, a number of Dynamic Coalition outputs, and one very detailed Policy Options for Connect-ing the Next Billion compilation consisting of over 80 contributions from national and regional IGFs.
IGF 2015: PREFIX MONITOR
Cyber (security) and online (human rights) dominated as the prefixes most used during IGF 2015 discussions. The high presence of the prefix cyber (security) at the IGF 2015 reconfirms the general tendency toward the ‘securitisation’ of Internet policy processes. Online, related to human rights remains on a similar level since the IGF 2013. During the first – opening day – of the IGF 2015, digital (development) and net (neutrality) were on the top of the prefix list, reflecting frequent mentions of the issues of sustainable development goals, digital divide and net neutrality. During subsequent days at the IGF, while discussion shifted to more specific IG issues, the use of the prefixes digital and net sharply dropped. In the overall text corpus from the IGF 2015, net and digital dropped in comparison to 2014. A decline in the use of e- continued in 2015.
IN FOCUS
PUSHING THEBOUNDARIES AT IGF 2015
3
Issue no. 6: December 2015
Access all our resources on IGF 2015. Consult reports from workshops, linguistic analyses, the 4-page IGF Daily,
and a final report covering IGF 2015 in its entirety, at dw.giplatform.org/igf
WSIS+10 review process: Draft outcome document being negotiated by member states during infor-mal consultations. Negotiations show convergence among governments and divergence between govern-ments and other stakeholders.
Update from IGF 2015 : WSIS+10 and sustainable development goals (SDGs) among the main discussion themes. Agenda 2030 debates focused on Goal 9.c (to increase access to ICT and provide access to least developed countries (LDCs)), emphasising that the technical infrastructure is important but not sufficient on its own; full affordability and accessibility requires a proper legal, economic, and social context.
On the future of the IGF, the community embraced the output of intersessional work at IGF 2015, which may form the basis for recommendations, pushing the boundaries of Forum . A decision on future of the IGF is expected at the UNGA High-level Meeting in December.
G20 Antalya Summit: leaders agreed to refrain from conducting ICT-enabled theft of intellectual prop-erty, including trade secrets; to respect and protect the principles of freedom from unlawful and arbitrary interference of privacy; and to bridge the digital divide. US-China and UK-China agreements on cyber-espionage now have broader support. See more on page 6.
UK and US governments enhance cooperation by conducting a joint exercise with leading global financial firms to strengthen their ability to respond effectively to a cyber-incident in the finance sector.
Update from IGF 2015 : Discussions focused on recurrent themes: the cost of cybercrime, cybersecurity strategies, and the need to rebuild trust. Arguments in favour of pervasive encryption aimed at protecting privacy contrasted with arguments that strong encryption hinders investigations and poses a problem to gathering data and preventing crime and terrorism.
In response to the Paris attacks, US Information Technology Industry Council – representing industry lead-ers such as Google, Facebook, Twitter, and Yahoo! – called for stronger encryption as a way of increasing (rather than decreasing) public security. A similar view was shared at IGF 2015 where civil society and two UN Special Rapporteurs for human rights argued that privacy and strong encryption protect freedom of expression and information.
IANA Stewardship Transition Coordination Group (ICG) completed its work, with the exception of one out-standing item related to accountability. The numbers and protocol parameters portions of the proposal are ready for implementation.
Update from IGF 2015 : Two main discussions related to the transition. Regarding jurisdiction, it was agreed that the stability of the existing operation of the Internet Corporation for Assigned Names and Num-bers (ICANN) in California should not be disturbed. Regarding ICANN’s engagement process, ICANN was urged to make more effort to ensure diversity, as its process was said to be unrepresentative of the com-munity.
The search for the next ICANN CEO continues . Over 100 candidates have expressed an interest in the post.
The Safe Harbor ruling will impact European-based registrars who are concerned about extra costs they will incur to provide their services ; they have asked ICANN to subsidise escrow providers in Europe to ensure a level playing field for registrars globally.
Online privacyand data
protection
increasing relevance
European Parliament resolution : The EU response to revelations of mass surveillance ‘highly inade-quate’; calls on member states to drop charges against Edward Snowden.
Safe Harbor: In a communication , the European Commission describes alternative tools for transatlantic data transfers under Directive 95/46/EC, including standard contractual clauses (SCCs), binding corporate rules (BCRs), and derogations.
The full text of the Trans-Pacific Partnership agreement is available . The main concerns relate to copy-right (extension of term), privacy (countries generally restricted from requiring companies to host personal data on local servers), and e-commerce (prioritisation of trade interests over privacy interests).
Update from IGF 2015 : New proposals emerged from discussions on the dichotomy between privacy and security: privacy and freedom of expression could be protected in an integrated way, where encryption and transparency of policy play an important role; privacy needs international protection, as people need ‘safeguards without borders’ and ‘remedies across borders’.
Facebook’s Internet.org criticised in India and Brazil (during the IGF) , but plans are under way to pro-vide the service to more African countries in 2016. Zuckerberg defends initiative : it is ‘an open platform that any developer can build something for’.
Update from IGF 2015 : Net neutrality and zero rating were this year’s hot topics. One of main questions: Does the provision of zero rating services in developing countries serve to empower such countries, or do the services represent a ‘walled garden’ approach which conflicts with policies of social development?
Facebook ordered by Belgian court to stop tracking individuals who are not members of the network. Non-compliance will attract a hefty daily fine. Facebook is expected to appeal.
Update from IGF 2015 : Jurisdiction was discussed in relation to several topics, including US jurisdiction over ICANN, data protection and privacy, the Right to be Forgotten, companies’ terms of services, and cross-border requests for information.
Biggest worry for business leaders? ‘The “Uber syndrome” – where a competitor with a completely differ-ent business model enters your industry and flattens you.’
Update from IGF 2015 : Discussions linked to innovative economic dynamics, especially regarding intel-lectual property; short-term job losses; taxation and the need for balanced fiscal policies; and the unfolding interplay between cybersecurity, human rights, and Internet business.
DECEMBER JANUARY2016
30 NOV–2 DEC13th World
Telecommunication/ICT Indicators
Symposium (Hiroshima)
14–18 DECEMBER5th ITU Green Standards
Week(Nassau)
14–15 DECEMBERHigh Level WSIS Review
Meeting of the UN GeneralAssembly (New York)
9–11 DECEMBERITU Kaleidoscope 2015:Trust in the Information
Following the recent Court of Justice of the European Union ruling (the Schrems judgment of 6 October) which invali-dated the Safe Harbor framework , companies have been scrambling to find valid alternatives for transferring personal data from the EU to the USA. Talks on Safe Harbor 2.0 are ongoing between EU and US officials, and in particular, EU Justice Commissioner Vera Jourova and US Commerce Secretary Penny Pritzker.
In this interim period, a number of short-term solutions are being adopted by companies. As the European Commission explained in a November 6th communication , alternative tools include the use of Standard Contractual Clauses (SCCs) approved by the Commission; the use of Binding Corporate Rules (BCRs) authorised by Data Protection Authorities with regard to data transfers between different entities of the same multinational company; and the use of derogations al-lowed under the Directive.
The road towards Safe Harbor 2.0 has so far appeared difficult, amid criticism over the ‘great uncertainty’ brought about by the judgment. Adding to this is a sense of urgency which surrounds the process. The Article 29 Working Party – the independent advisory body that brings together representatives of all Data Protection Authorities in EU members states, plus the European Data Protection Supervisor – declared that it would start enforcing the Court’s ruling at the end of January unless negotiators agree on a replacement for the Safe Harbor framework. Some legal experts deem the January 2016 deadline a ‘meaningful threat of enforcement’ .
Yet, there is hope that Safe Harbor 2.0 may emerge by the January 2016 deadline. Progress has already been made, in that the negotiators have agreed to transform the framework into an oversight system, and to introduce an annual joint review mechanism for the new framework, among other elements.
Optimism also stems from Commissioner Jourova’s statement made during last week’s visit to Washington: ‘I’m con-fident that we will meet the deadline of January 2016 for a new agreement on international commercial data transfers. Why? Because we have clear guidelines from Europe’s highest court, because we can build on discussions held since January 2014, because it is in both Europeans’ and Americans’ interest, and finally, because there is a strong political commitment at the highest level on both sides of the Atlantic.’
Commercial cyberespionage has been under the spotlight recently – and for good reason. Intellectual property is im-portant for economic development in any country, and cyberespionage and ICT-enabled theft of trade secrets lead to an unfair advantage over other companies who, for example, have invested heavily in R&D. It is therefore not surprising that states have been attempting to curb cyberespionage.
The latest development comes from Antalya, during the G20 Summit on 15-16 November. Leaders agreed – among other issues – to refrain from conducting or supporting ‘ICT-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors’ (G20 Leaders’ Communique, Article 26).
The G20 agreement is considered as giving broader support to two recent bilateral agreements. In a bid to put a stop to the long history of attacks and denials – or at least, to reduce the tension between the two countries – the USA and China recently agreed , on 25 September, that ‘neither country’s government will conduct or knowingly support cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competi-tive advantages to companies or commercial sectors.’ A similar agreement was made by the UK and China , on 21 October, during President Xi Jinping’s two-week visit to the UK.
It remains to be seen whether these agreements will be effective in helping to curb cyberespionage. At present, however, the signals are pointing towards cyber international customary law in the making. It remains to be seen if these agree-ments will be taken up on a global scale.
The WSIS+10 Process marks the ten-year milestone since the World Summit on the Information Society (WSIS), a two-phase summit (2003-2005) which defined the issues, policies, and frameworks to tackle information and communication technolo-gies (ICTs) to foster development.
The process will culminate with a high-level meeting of the UN General Assembly on 15-16 December in New York, which, among its main outcomes, will decide on the future of the Internet Governance Forum (IGF).
Building upon the innovative reporting from the 10th IGF (access all IGF 2015 resources ), the Digital Watch reporting team is gearing up to provide live updates from the high-level event in New York. Two WSIS Daily newsletters will be published on 15 and 16 December, together with a comprehensive final report on 17 December. This will complement the dynamic updates on GIP Digital Watch , and on the page dedicated to the WSIS+10 review process .
In preparation, Diplo’s CreativeLab has analysed the dominant themes related to the event, present in the online media sourc-es. Read more below.
PROCESSES
WSIS+10: THE FINAL PHASE
WSIS+10: MAIN THEMES IN ONLINE MEDIA
The graph below represents the relative extent of usage of five themes - cybersecurity, human rights, ICANN/IANA transition, IG in general, and net neutrality - in online media covering the WSIS process. These five themes were indi-cated as on of the results of text mining of the IGF 2015 session transcripts. The research was concluded by further analysing these five themes, using a collection of 188 articles resulting from Google News searches using the terms ‘WSIS’ and ‘WSIS+10’.
Here are the most characteristic terms for each of the five main themes:• IGingeneral(IGF,stakeholder,IG,civilsociety,document,member,multistakeholder,moderated,regional,forum,…);• cybersecurity (data, security, cyber, technology, cybersecurity, company, innovative, project, industry, digital, …); • human rights (law, human rights, content, encryption, protection, company, moderated, privacy, freedom of ex-
pression, user, …); • net neutrality (access, service, network, zero-rating, content, market, local, infrastructure, moderated, net neu-
