[governance] Workshop Proposal: Transboundary Internet

Fri Apr 25 06:10:43 EDT 2008

I'd like to see some development 
angle/perspective included (lack of local 
infrastructure -> use of offshore resources -> 
most vulnerable to foreign law and policy?) Which 
would come back to Bret's original comment when 
the Cuba domain registration problem was 
discussed, that if there was a session in this 
issue then there was a lessons learned angle. 
Perhaps trying to include a web hosting 
service/content provider etc from a developing 
country among the speakers, how do they consider 
this situation?  Overall it relates to access, 
capacity building, market development, all kinds 
of things.

For the April 30 submission, you do not need 
names of speakers (great if you have them or some 
of them), a general idea of who and what 
interests you are seeking to have represented is 
fine. (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.)

Adam

>Hi,
>
>
>Thanks for these comments. SInce they are 
>general enough to apply to any workshop 
>proposal, thus they would also be useful to 
>other IGC workshop, I'm adding below some 
>personal thoughts.
>
>Le 25 avr. 08 à 11:17, Jeanette Hofmann a écrit :
>
>>Hi, I like and support this proposal. The only 
>>aspect I find a bit too vague yet concerns the 
>>expected outcome. A real added value of 
>>exploring the implications of the "various 
>>approaches to resolving these issues" would be 
>>the prospect of some recommendations on 
>>principles or strategies.
>
>Indeed, we should make this clearer. We'll 
>discuss inside the working group how we could 
>best formulate this. Identifying a rapporteur 
>role is probably crucial here, as the rapporteur 
>would exactly does this: summarize (hopefully 
>precise) recommendations from speakers and from 
>the discussion with the workshop attendees.
>
>>Another point: I would try to go for less 
>>people on the panel. The more people on the 
>>panel, the less time for the audience to raise 
>>questions and interact with the panel. Its not 
>>realistic to restrict panelists to 
>>presentations of a few minutes only.
>
>Agree, entirely. But always a tricky point.. 
>Should probably be linked to the above comment 
>on ability to propose precise recommendations.
>
>Meryem
>
>>
>>Bret Fausett wrote:
>>>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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