[governance] Workshop Proposal: Transboundary Internet

[Meryem Marzouki]

Le 25 avr. 08 à 08:27, Bret Fausett a écrit :

> 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.

Thanks Bret for forwarding on our behalf the draft proposal to the  
IGC list. I'd like to add some info on current status:

- The Council of Europe has been invited both as a co-sponsor and as  
a speaker (its Deputy Secretary general). We're still waiting for  
their answer (they know about the 30 April deadline). We consider  
that there are good chances for a positive answer, but who knows..
- KEI/CPTech has also been invited as co-sponsor and speaker (Manon  
Ress or Jamie Love, choice left to them): KEI/CPTech already  
confirmed co-sponsorship and Jamie's participation as speaker
- The workshop format would feature no more than 6 speakers + 1 chair  
+ 1 rapporteur (or 7 speakers + 1 chair), i.e.  maximum 8 persons all  
in all
- We currently are trying to increase the regional diversity of the  
workshop, thus we would very much like suggestions to this end.
- While we're probably fine with current co-sponsorship at this step  
(summary only to be submitted before the 30 April deadline), we would  
obviously welcome before this deadline co-sponsorship from additional  
organizations/constituencies, since this obviously shows early  
interest in having a workshop on this topic held at IGF.

Best,
Meryem

> - - - - - 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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