My intervention is below. I hope to be able to make some more comments about the meeting soon.<div><br></div><div>Best wishes,</div><div>Marília</div><div><br></div><div>
<p class="MsoNormal" align="center" style="text-align:center"><b style><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">CSTD Meeting on Enhanced Cooperation</font></span></b></p>
<p class="MsoNormal" align="center" style="text-align:center"><b style><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">May 18<sup>th</sup>, 2012</font></span></b></p>
<p class="MsoNormal" align="center" style="text-align:center"><b style><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></b></p>
<p class="MsoNormal" align="center" style="text-align:center"><b style><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">Marília Maciel</font></span></b></p>
<p class="MsoNormal" align="center" style="text-align:center"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">Center for Technology and Society</font></span></p>
<p class="MsoNormal" align="center" style="text-align:center"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">Getulio Vargas Foundation - Brazil</font></span></p>
<p class="MsoNormal"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">I did not personally take part in both phases of WSIS,
Geneva and Tunis, so I think it is more appropriate that I leave to the many of
you who have the important comments that need to be made about the words
expressed in the Tunis Agenda.</font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"><span style> </span></font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">Instead, I would like to share some perceptions about
the landscape that I see today, when I look at the Internet governance regime
from the window of my center of research in the South of globe. I highlight my
location on purpose because the place where our personal windows are naturally have
an impact on the landscape that we see, on the way that we perceive reality,
and we need to acknowledge that in order to be able to bridge positions and to
engage in a dialogue in which we can understand one another:</font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">When I look out of this window I realize that the Internet
is not a no man’s land. Layers of regulation have been accumulating: regulation
by the architecture, by norms, by economic forces. And the regime developed successfully
for many years. But now I see, with concern, three main changes that took place
recently on the IG regime that need to be addressed, and probably a mechanism
of enhanced cooperation would be useful to tackle some of them</font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">First of all, there is an accelerated process privatization
of regulation. The open public Internet as we knew it is getting narrower. The
experience of “the Internet” that many people have today takes place inside
closed platforms in a customized fashion. This certainly brings implications to
freedom of information and to cultural diversity. But it also brings
considerable implications to the governance of this regime.<span style> </span>The terms of use of these platforms,
developed and modified unilaterally, are juridical instruments of transnational
nature that discipline several aspects of the lives of citizens worldwide with
no opportunities for democratic discussion and no real chance to “opt out”. Individuals
are forced to accept this private regulation without a chance to scrutinize it.</font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">The second development that has taken place recently
is the emergence of regional and plurilateral arrangements, particularly on the
North of the globe, for the discussion and decision-making of issues related to
IG. These fora are producing common interpretations, principles of regulation, soft
law, etc. This is in itself a valuable exercise, but this exercise is producing
an asymmetric regime: while many developing countries are focused on achieving
access to the Internet, other countries are shaping the way that privacy,
e-commerce, intellectual property and online digital enforcement, to name just
a few, are being dealt with. These policies are being formulated by only a
fraction of the world population and they are narrowing down policy options for
developing countries in the future. A platform for harmonization of these
initiatives with others that will eventually emerge in the South is the only
way to avoid fragmentation of regulation. And we should bear in mind that fragmentation
would go against many of the issues we have ben trying to foster, such as
openness, freedoms and the universality of rights</font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">The third development that I see with concern is the
recent politicization of the topic of Internet Governance. Internet governance
is an increasingly important global issue and this is illustrated by large
number high-level events that took place recently about these theme. The
problem is that these events are taking place with the exclusion of
non-governmental actors or with very narrow channels for their participation,
leading to an erosion of multistakeholderism. Maybe this is still not happening
on the base of the regime, on the level of the IGF. But there is an erosion as
we move towards higher political levels. So we cannot be mislead by the
illusion that, by doing nothing, by making no changes, we are promoting
multistakeholderism. This erosion can only be curbed by formalized
decision-making procedures that take into account multistakeholder
participation</font></span></p>
<p class="MsoListParagraph" style="text-align:justify;text-justify:inter-ideograph"><span class="Apple-style-span" style="font-family:arial,helvetica,sans-serif">Given the three recent developments that I mentioned –
privatization of regulation, purilateral decision-making and politicization and
current erosion of multistakeholderism - I think that a change on the current
configuration of the regime is needed, but any such change needs to foster
transparency, accountability and multistakeholder participation. And this is
why I currently feel uncomfortable with the idea of placing enhanced
cooperation under an existing UN organization.<span style> </span></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">Although meaningful steps have been taken in the UN to
open its processes to non-governmental actors, some basic preconditions for
meaningful non-governmental involvement are still missing. As an example, more
than 30 civil society and academic organizations have recently presented a
statement, asking to have access to relevant documents about the World
Conference on International Telecommunications including, the preparatory
materials, and called the attention to the lack of meaningful channels for
participation, to the secrecy of documents and to the inexistence of channels
for remote participation. In fact, I think that the same statement could be
sent to member states that, after all, are the ones with power to change
procedures in ITU. Several governments have argued that they support
multistakeholderism in IGF. If this is really a fundamental principal, I think
they would agree that discussions elsewhere related to the Internet should
count on multistakehodler involvement. </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">My final message would be that yes, we need a mechanism
of enhanced cooperation in which developed, developing countries and the other
stakeholders can work together in a shared process. But this mechanism also
needs to improve transparency, accountability, balance between North and South,
and should be based on multistakeholder participation. This process could be
related to the UN, but it should be a new kind of shared decision-making process.
</font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">Of course, there are pieces missing from the
conceptual puzzle of a mechanism of EC: What should be the topics discussed?
What should be the type of the outcome of a mechanism of enhanced cooperation?
Documents that provide framework for action? Documents that tackle concrete
situations? Would it produce soft law (non-binding recommendations)? Hard law?
Do we need a new body? A new body in the UN structure? </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">There are many questions that need to be answered,
but, most of all, maybe the time has come for us to face the question of what
are the respective roles and responsibilities of each stakeholder group in this
regime, something that the WGIG began to do some years ago. Each one has a
different nature, and different justifications underlay the need for their
participation. The clarification of this point may be key to developing a feasible
shared decision making processes among stakeholders. </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">It is not a simple task. It is one that requires more
time of discussion to mature ideas. That is why the suggestion of creating a
Working group on enhanced cooperation seems the most appropriate way forward. A
WG with freedom to think out of the box and to create a new shared process
among actors and not simply to seek to ascribe itself to what already exists. As
professor Wolfgang Kleinwachter has mentioned on several occasions, we need
innovation and creativity in international politics. I would agree with that,
and would add that we especially need it today and for the years to come in the
Internet Governance regime.</font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif"> </font></span></p>
<p class="MsoNormal" style="text-align:justify;text-justify:inter-ideograph"><span lang="EN-US"><font class="Apple-style-span" face="arial, helvetica, sans-serif">Thank you. </font><font class="Apple-style-span" face="'Times New Roman'"></font></span></p>
<br><div class="gmail_quote">On Sat, May 19, 2012 at 11:38 AM, parminder <span dir="ltr"><<a href="mailto:parminder@itforchange.net" target="_blank">parminder@itforchange.net</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
<u></u>
<div text="#333333" bgcolor="#ffffff">
<font face="Helvetica, Arial, sans-serif">My remarks at the opening
panel are enclosed.... parminder</font>
<p style="margin-bottom:0cm;font-style:normal" lang="en-US">
</p>
<p style="margin-bottom:0cm;font-weight:normal" lang="en-US" align="LEFT"><font size="3"><b><font face="Helvetica, Arial, sans-serif"><br>
</font>CSTD
meeting on enhanced cooperation on pubic policy issues pertaining to
the Internet</b><font size="4"><b>,</b></font>May 18, Geneva</font></p>
<p style="margin-bottom:0cm;font-weight:normal" lang="en-US" align="LEFT">
<font size="3"><i>Parminder Jeet Singh, IT for
Change, India<br>
<br>
</i></font></p>
First
of all I must say how glad I am that we have finally sat down to
discuss in the right earnest the very important WSIS mandate of
'enhanced cooperation' on public policies pertaining to the Internet.
I am sure that today's meeting makes a beginning that would have a
lasting impact on democraticing global Internet governance. <br>
<p style="margin-bottom:0cm">
</p>
<p style="margin-bottom:0cm"><b><span lang="en-US"><span style="font-style:normal">The
key questions about enhanced cooperation, and the elephant in the
room</span></span></b></p>
<span lang="en-US"><span style="font-style:normal">We
all know that 'enhanced cooperation' is a very complex and a much
contested area. Before we begin to sort out how to operationalize
'enhanced cooperation', we need to discuss what is meant by this
term, and also why has progress on this mandate been so difficult. In
this regard, there are two important basic questions, and what I
call as </span></span><span lang="en-US"><span style="font-style:normal">one
very large elephant in the room. These two important questions are;
Are there enough important and urgent global public policy issues
pertaining to th</span></span><span lang="en-US"><span style="font-style:normal"><span style="background:transparent none repeat scroll 0% 0%">e
Internet
and,
if there indeed are, it brings up the second
question, what institutional system would best address them and how.
And the the elephant in the room that I mentioned is
multistakeholderism, </span></span></span><span lang="en-US"><span style="font-style:normal">an
issue tied to what, who and how of EC. Let me briefly engage with
these key issues that frame a purposive and worthwhile discussion on
EC. </span></span>
<p style="margin-bottom:0cm"><span lang="en-US"><span style="font-style:normal">Talking
to people nowadays, one hardly finds anyone, at least anyone
informed well-enough, who is not quick to admit that Internet is big,
and it is global; and that, therefore, public policy issues around it
are big and global too. Pick up the International Strategy for
Cyberspace of the US, browse through OECD's pronouncements in this
area or look at the CoE experts' report 'cross border Internet' or,
for that matter, any other well- researched document about global
Internet governance. They leave us in no doubt about the existence
of important global public issues pertaining to the Internet.
Therefore, I dont think we should waste too much time on this
question – there are indeed very critical global Internet related
policy issues, and they keep getting more critical and complex by the
day. Global public interest demands that these global public policy
be addressed in an appropriate and timely manner. </span></span><span lang="en-US"><span style="font-style:normal">With
the Internet in its formative stages, and its basic architecture
getting set, which in turn determining the structure of a new social
order, we do not have the luxury of dithering and wasting valuable
time. </span></span>
</p>
<p style="margin-bottom:0cm"><span lang="en-US"><span style="font-style:normal">Next,
we come to the question, who should address these critical global
policy issues and how. And now the problem begins! Lets first map out
where power resides or rather is concentrated in the Internet system
today, and who at present takes critical decisions about the global
Internet. Any such power mapping will reveal that the greatest power
resides in the US, both with its government and its monopoly Internet
companies, and increas</span></span><span lang="en-US"><span style="font-style:normal"><span style="background:transparent none repeat scroll 0% 0%">ingly,
in
their
close mutual relationship. I would not be able to go into
the detail in this matter here. Then there is the next concentric
circle which includes a few most powerful countries; operating
through OECD's, and also CoE's, Int</span></span></span><span lang="en-US"><span style="font-style:normal">ernet
policy making mechanisms, which have a very active calender of
activities and future plans. Such is the global nature of the
Internet that whether it is the unilateral law or executive power of
the US, private decisions of global monopoly Internet companies, or
policy principles developed by the OECD, they tend to quickly spread
and entrench across the Internet's architecture to take up global
reach and application. The most telling observation of Lawrence
Lessig is important to recall here. With the Internet, architecture
is policy. If we do not have the right public policies, the
architecture of the Internet itself becomes the policy. And thus we,
I mean the rest of the world not involved with Internet governance
decisions, get politically determined by the outside.</span></span></p>
<p style="margin-bottom:0cm;font-style:normal" lang="en-US">Undoubtedly,
governments
exercise
immense power over the Internet within their
national boundaries, and there are very important issues about how
this power is exercised at present. However, today our concern here
is mainly the power over the global Internet and the issue of its
democratisation. Also, I remain of the firm belief that global
democratization of Internet governance will always have a positive
role in its democratisation within national borders. </p>
<p style="margin-bottom:0cm"><span lang="en-US"><span style="font-style:normal">Notwithstanding
the claims by the US of a 'historic role' vis a vis the Internet, or
citing of the privilege by the OECD of being the major global
economic bloc, it should not be difficult to argue, because we all
have this basic democratic urge and spirit - that every country
should be present at the global policy table on an equal footing.
And, one can see such </span></span><span lang="en-US"><span style="font-style:normal"><span style="background:transparent none repeat scroll 0% 0%">a
thing
happen
only in the UN or UN like body. Perhaps since this 'all
countries should be present' justification of changing the status quo
is difficult to argue against, almost all arguments against change
are centred on the issue multistakeholderism – what I had
identified as the elephant in the room, that we must confront, well,
frontally. </span></span></span>
</p>
<p style="margin-bottom:0cm;font-style:normal" lang="en-US">
</p>
<p style="margin-bottom:0cm;font-style:normal" lang="en-US"><b>What
does 'democratic and multistakeholder' mean in operational terms</b></p>
One
admits that institutionalizing representativity is never easy – and
remains the central concern of democratic thought and practice.
Governments purport to represent people and public interest, but
there are indeed significant gaps in the chains of representativity
from the people to governments, and further to the global governance
spaces. In some cases such gaps are more acute than in others, and
this 'governance problem' has to be dealt in an appropriate, evolving
and contextual manner. However we cant knock off democracy just
because we dont have it well enough yet.
<p style="margin-bottom:0cm"><span lang="en-US"><span style="font-style:normal">I
say this with regard to, I understand, there being proposals on the
table that want all stakeholders to be treated on an equal footing in
any enhanced cooperation mechanism, whereby, apparently, that they
should have the same or similar roles. I find this proposition very
problematic. While one will like to know more details of how exactly
is such an 'equal footing' proposition meant to work in practice,
prima facie it seems to throw up very problematic issues vis a vis
some basic principles of democracy. For instance, is it desired by
such proposals, to put it somewhat bluntly, that a representative of
Google or Microsoft should be voting on policy making at the same
level as a government representative? If it is so intended, we are
indeed going past the ideals and principles of democracy that has
been the single most powerful political ideology and force of the
last few centuries, and we must seriously debate this </span></span><span lang="en-US"><span style="font-style:normal">intended
shift. In the alluring haze of multistakeholderism, we must not
forget that big businesses expressly represent private interests, and
mostly of those who already have much greater economic and social
power. </span></span>
</p>
<p style="margin-bottom:0cm;font-style:normal" lang="en-US">Similarly,
the
role
of civil society is different from both the governments and
business. Participation of civil society deepens democracy. It adds
greater range, diversity and depth to articulation of public
interest. Unlike business, civil society essentially represents
public interest - in its differentiated shades and even internal
tensions. Yet, such is the way in which civil society's legitimacy
and role is structured, civil society actors will not like to claim
an equal role to government representatives in actual decision-making
processes. </p>
<p style="margin-bottom:0cm;font-style:normal" lang="en-US">Like
business brings valuable expertise about society's production systems
to the table, the technical community brings expertise on
technologies. In addition, many of the technical community are
adherent upholders of some public interest values and principles, in
which regard they are just a specialized section of the civil
society. But the technical community must understand that the needs
and demands of decisions making for larger public policy issues can
be significant;y different from those for making technical decisions.
</p>
<p style="margin-bottom:0cm"><span lang="en-US"><span style="font-style:normal">Here,
I have only briefly touched upon the different roles of different
stakeholders. What I mean to underline in the urgent need to address
this issue </span></span><span lang="en-US"><span style="font-style:normal">openly
and earnestly, by all sides. Tunis agenda asked for any mechanism of
enhanced cooperation to be innovative. Yes, we do have this
opportunity here to improve global governance system so that they
better serve global public interest. Internet has transformed so many
social arenas, and it must have its impact on global governance
systems as well. But let us seek these changes while staying within
the long cherished norms and principles of democracy and public
interest, and not, in our enthusiasm for change, breach them.</span></span></p>
<p style="margin-bottom:0cm"><span lang="en-US"><span style="font-style:normal">If
we can agree on the principles that govern such a nuanced
understanding of a differential role - and I stress this phrase </span></span><span lang="en-US"><i>'
differential role'</i></span><span lang="en-US"><span style="font-style:normal">
- of different stakeholders, we would have crossed perhaps the most
significant block that prevents progress on this issue of enhanced
cooperation, which is of immense and epochal significance to global
public interest, and to the future of our social systems, as an
information society matures. In this regard, while we need not remain
too closely stuck to the Tunis Agenda definition of the respective
roles of stakeholders, we also must not breach the boundaries of
democratic ideology and practice, and the distinction between public
and private interest. </span></span>
</p>
<p style="margin-bottom:0cm;font-style:normal" lang="en-US">
</p>
<p style="margin-bottom:0cm;font-style:normal" lang="en-US"><b>Steps
to
take
towards agreeing to an enhanced cooperation mechanism</b></p>
In my
view, we should approach the enhanced cooperation conundrum through
the following steps. First we agree on the need and justification for
a new mechanism for enhanced cooperation, which I think should not be
difficult since everyone seems to accept that there are indeed
critical global Internet related public policy issues. Next, we need
to figure out what functions a new mechanism must perform to meet
this important and urgent need. Thirdly, we come to the structure of
the new mechanism, where it should not be difficult to accept that
all countries must be represented equally. However, the role of
different stakeholders, as I discussed, would be the key question to
agree upon. If we have a focused, open and principled, discussion on
this issue, I am sure we can overcome this key 'problem area'. At
least, it is useful to know that this is the key 'problem area' with
regard to moving the dialogue and process of enhanced cooperation
forward.
<p style="margin-bottom:0cm;font-style:normal" lang="en-US">Once
we have the justification, functions and the overall structure of a
new mechanism on EC, it will be that much easier to find the
appropriate location of such a mechanism. EC discussions seem too
quickly to veer towards this sticky point, of whether such a
mechanism should be inside the UN, ITU, or somewhere else
altogether. Agreeing to keep such a discussion and decision for the
last may be a good way to move out of the logjam in which the
enhanced cooperation issue is caught today. This way we do not get
too early into institutional politics that can cloud discussion about
real basic issues which are more important to first address and sort
out. </p>
<p style="margin-bottom:0cm;font-style:normal" lang="en-US">To
conclude, I must say that many of us in the civil society have
received India's proposal for a UN Committee on Internet-Related
Polices with much interest. It follows the Tunis mandate and
principles for an appropriate body for enhanced cooperation, and has
proposed a promising structuring for the role of different
stakeholders, especially if seen in conjunction with India's 2010
proposal for strengthening the IGF. Of course, the proposal can
indeed do with many improvements. We think that India's proposal is a
good basis to start a dialogue on how to operationalize enhanced
cooperation. In this regard, setting up a CSTD working group on
enhanced cooperation should be a good first step in this direction. </p>
<br>
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<br></blockquote></div><br><br clear="all"><div><br></div>-- <br>Centro de Tecnologia e Sociedade<br>FGV Direito Rio<br><br>Center for Technology and Society<br>Getulio Vargas Foundation<br>Rio de Janeiro - Brazil<br>
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