[governance] Workshop Proposal: Transboundary Internet

[Parminder]

Thanks Bret, and other members of the WG.

This is one of the 4 proposed workshops to be sponsored by the IGC for IGF,
Hyd.

These draft proposals are open for comments till 27th evening. They will be
put for 48 hours consensus process on the 27th night and be submitted by
30th deadline, if adopted. 

The 'rights' and 'post-JPA' proposals are also expected today, anytime now.
On JPA Milton informs me that there isn't much change on the earlier draft
which has been shared here, and whatever changes are there they will be
communicated, hopefully today.

The role and mandate draft may take some time, so I request if anyone has
comments pl submit them right now so that he drafting group can include
them. I expect this workshop proposal especially not to have any real
problem in getting consensus because we organized it last time and there was
some consensus at that time that it should perhaps be an annual affair. We
also suggested it as an agenda item for IGF Hyd in our Feb submission.

Parminder 

> -----Original Message-----
> From: Bret Fausett [mailto:bfausett at internet.law.pro]
> Sent: Friday, April 25, 2008 11:58 AM
> To: governance at lists.cpsr.org
> Subject: [governance] Workshop Proposal: Transboundary Internet
> 
> All, below is a draft workshop proposal that Meryem Marzouki, William
> Drake, Ian Peter, Parminder Singh and I have been working on. We plan
> to submit it by the deadline, but would like your input and
> suggestions, on all aspects.
> 
>       -- Bret
> 
> - - - - - D R A F T - - - - -
> 
> 1.	Name of proposed workshop
> The Transboundary Internet: Jurisdiction, Control and Sovereignty
> 
> 2.	Provide a concise description of the proposed workshop theme
> including its importance and relevance to the IGF.
> 
> The Internet crosses the boundaries of all nations and raises some
> unique transboundary jurisdictional problems. The recent case of a
> British citizen living in Spain, with Internet servers in the Bahamas,
> selling holidays to Cuba, and having his domain name impounded by a
> registrar located in the USA because it appeared to break the US
> embargo against Cuba is one recent case in point. Another landmark
> case was the French-US Yahoo! case in 1999 dealing with sale of nazi
> memorabilia, but but apart from these high profile content cases there
> are many examples in other areas such as privacy, consumer issues,
> cybercrime, and intellectual property.
> 
> This workshop will discuss the many implications of competing national
> jurisdictions being projected into a globalized space where multiple
> normative sources apply, such as political, legal, technical,
> contractual, and behavioral regulations. Through practical case
> studies, this workshop will look at the implications of various
> approaches to resolving these issues and the implications for Internet
> governance, international law, national sovereignty, democracy, and
> human rights and fundamental freedoms.
> The workshop also explores the implications for Internet governance
> where no structures are in place to deal with emerging issues, and how
> default unilateral action in the absence of structural alternatives
> can lead to de facto Internet governance.
> 
> 3.	Provide the names and affiliations of the panellists you are
> planning to invite. Describe the main actors in the field and whether
> you have approached them about their willingness to participate in
> proposed workshop.
> 
> NB. Workshop duration is 90mn, which means that we should have no more
> than 6-7 panelists plus chair. This is a tentative list of speakers.
> 
> .	Maud de Boer-Buquicchio, Deputy Secretary General, The Council of
> Europe
> .	Manon Ress /James Love, Knowledge Ecology International/CPTech, USA
> .	Meryem Marzouki, President, European Digital Rights, Europe
> .	Bret A. Fausett, Internet law Attorney, Cathcart, Collins &
> Kneafsey, LLP USA
> .	Ian Peter, Internet Analyst, Ian Peter and Associates, Australia
> .	William Drake, Graduate Institute of International and Development
> Studies, Switzerland
> 
> Yet to be approached: other identified experts with various
> perspectives on specific case studies.
> 
> Themes to be discussed by speakers:
> .	Liability and the principle of the country of origin (off-line and
> on-line content): Convention on Transfrontier television, Rome II,
> Convention on TV without Frontiers,
> .	Consumer protection, contracts, etc.: Hague Convention, E-commerce
> directive
> .	Cybercrime: The CoE Convention, its protocols and implementation
> activities
> .	Technical and contractual means: ISP charters and hotlines, blocking
> (cf. Pakistan case)
> .	Harmonization of national laws through intergovernmental agreements
> 
> 4.	Provide the name of the organizer(s) of the workshop and their
> affiliation to various stakeholder groups. Describe how you will take
> steps to adhere to the multi-stakeholder principle, geographical
> diversity and gender balance.
> 
> -	The Civil Society Internet Governance Caucus (Civil society)
> -	The Council of Europe - TBC (Intergovernmental organization)
> -	European Digital Rights (Civil society)
> -	Knowledge Ecology International (KEI/CPTech) - TBC (Civil society)
> -	Ian Peter and Associates - TBC (Private sector)
> 
> Yet to be approached: Some governments (e.g. France, USA,
> Netherlands, ...); other intergovernmental organizations (e.g. OSCE,
> OCDE,...), other private sector constituencies (e.g. ISP associations,
> newspaper associations, registrars, search engine/social networking
> companies, ...); other civil society constituencies.
> 
> 5.	Does the proposed workshop provide different perspectives on the
> issues under discussion?
> 
> Yes. Expertise is being sought from various areas to provide a
> comprehensive coverage of issues and perspectives involved (to be
> updated later).
> 
> 6.	Please explain how the workshop will address issues relating to
> Internet governance and describe how the workshop conforms with the
> Tunis Agenda in terms of substance and the mandate of the IGF.
> The first and foremost need for global Internet governance
> arrangements comes from the global, cross-boundaries nature of the
> Internet. Issues with global Internet governance are not only related
> to critical Internet resources management, but also to the circulation
> of content and data and to the protection of the general
> communications infrastructure. Jurisdictions, control and sovereignty
> issues are thus at the heart of global Internet governance
> discussions. Given the difficulty to harmonize national legislations,
> and given the issue of the competence of jurisdictions, alternative
> methods to State regulations are more and more considered, promoted
> and implemented. It is the very aim of this workshop to explore and
> discuss these alternatives.
> TA: Para 72(b)(c)(g)(i)(k)
> 
> 7.	List similar events you and/or any other IGF workshops you have
> organized in the past.
> 
> The Civil,Society Internet Governance Caucus and other sponsors have
> organized workshops at previous IGF meetings (to be updated later)
> 
> 8.	Were you part of organizing a workshop last year? Which one? Did
> you submit a workshop report?
> 
> Yes (to be updated with list of previous workshops)
> 
> 9.	Under which of the five IGF themes does the proposal fall under ?
> 
> .	Managing the Internet (Using the Internet)
> .	Arrangements for Internet governance
> 
> - - - - - D R A F T - - - - -
> 
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