Centre for Internet and Society

NETmundial Transcript Archive

pranesh — 2014-04-23T14:31:50Z

We are archiving the live transcript from the NETmundial meeting (April 23-24, 2014).

NETmundial Day 1

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>***LIVE SCRIBING BY BREWER & DARRENOUGUE - WWW.QUICKTEXT.COM***
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>>> LADIES AND GENTLEMEN, GOOD MORNING. IN SOME MINUTES WE WILL HAVE OUR OPENING SESSION OF OUR GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF THE INTERNET GOVERNANCE. PLEASE TURN OFF YOUR MOBILE PHONES OR TURN THEM INTO VIBRATING. PLEASE TAKE YOUR SEATS. OR SHUT IT OFF. THANK YOU VERY MUCH.
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>>> LADIES AND GENTLEMEN, PLEASE TAKE YOUR SEATS AND PLEASE TURN OFF YOUR MOBILE PHONES OR SET THEM INTO SILENT MODE. IN SOME MINUTES, WE ARE GOING TO START OUR OPENING CEREMONY OF OUR GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE GOVERNANCE OF THE INTERNET.
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>>> PLEASE TAKE YOUR SEATS AND TURN OFF YOUR MOBILE PHONES OR SET THEM INTO SILENT MODE. IN A FEW MINUTES, WE WILL START OUR OPENING CEREMONY OF THE GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF INTERNET GOVERNANCE.
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>>> LADIES AND GENTLEMEN, IN SOME MINUTES WE WILL START OFF THE OPENING CEREMONY OF THE GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF INTERNET GOVERNANCE.
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>[MUSIC ] >> THIS IS MY INTERNET.
>>> THIS IS MY INTERNET.
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>>> LADIES AND GENTLEMEN, THE PRESIDENT OF BRAZIL, HER EXCELLENCY DILMA ROUSSEFF. THE CHAIRMAN OF NETmundial, VIRGILIO ALMEIDA, AND THE MIKE RODENBAUGH OF SAO PAULO, THE COO OF ICANN, FADI CHEHADE, AND THE REPRESENTATIVE OF THE TECHNICAL SECTOR AND CREATOR OF THE WEB, TIM BERNERS-LEE. REPRESENTATIVE OF THE PRIVATE SECRETARY AND VICE PRESIDENT OF GOOGLE, VINT CERF, AND THE REPRESENTATIVE OF THE -- OF CIVIL SOCIETY, COFOUNDER, NNENNA NWAKANMA.
>[APPLAUSE ] >> WE ARE STARTING OFF THIS EFFORT AND WE ARE GOING TO LISTEN TO THE NATIONAL ANTHEM OF BRAZIL.
>[ PLAYING OF NATIONAL ANTHEM. ] [APPLAUSE ] >> WE ARE GOING TO LISTEN TO THE WORDS OF THE MINISTER OF COMMUNICATIONS, PAULO BERNARDO.
>>>PAULO BERNARDO SILVA: GOOD MORNING, HER EXCELLENCY DILMA ROUSSEFF, MEMBERS HERE AND PARTICIPANTS OF THIS MEETING.
>LADIES AND GENTLEMEN, WELCOME TO BRAZIL AND TO NETmundial. WE ARE VERY PROUD AND FEEL VERY RESPONSIBLE FOR RECEIVING YOU IN SAO PAULO.
>ALL OF YOU WHO CARE ABOUT INTERNET IN THE FUTURE HAVE REASONS FOR BEING PLEASED WITH WHAT WE ARE GOING TO DO TODAY.
>THIS MEETING IS THE CONCRETIZATION OF ALL OUR WISHES. WE NEEDED AN ADEQUATE ENVIRONMENT FOR THIS TO BE VOICED. WE BELIEVE THAT NETmundial IS THIS ENVIRONMENT WE NEED. FREE PARTICIPANTIVE AND PLURAL, AS WELL AS THE INTERNET WE BELIEVE IN.
>AND THIS IS SO BECAUSE THE CONCERN THAT GETS US TOGETHER IS GREATER THAN THE CONCERNS OF EACH PARTY. WE ARE DISCUSSING THIS INTERNET AROUND THIS TABLE OR OTHERWISE WE WILL HAVE NO FUTURE FOR THE INTERNET FROM THE VERY FIRST MOMENT, THE DIFFERENT STAKEHOLDERS GOT INVOLVED IN THE ORGANIZATION OF THIS EVENT AND THE PROOF OF THIS ENVIRONMENT IS HERE IN THE GREAT DIVERSITY OF CONTRIBUTIONS RECEIVED.
>WE ALSO HAVE HERE MANY AUTHORITIES AND PARTICIPANTS. WE'D LIKE TO THANK EACH ONE OF YOU AND CONGRATULATE EACH ONE OF YOU FROM DIFFERENT COUNTRIES. WE'RE ALL PROTAGONISTS OF AN HISTORICAL MOMENT AND TODAY WHAT WE HAVE BEFORE US IS A CHALLENGE TO MAKE THE MOST FOR ALL THE DIFFERENT OPINIONS IN FAVOR OF A UNIQUE PATH.
>THIS PATH HAS A VERY STRAIGHT SENSE OF ORIENTATION, A FREE AND UNFRAGMENTED INTERNET. THAT'S THE BEST WE CAN HAVE, THE CAPACITY TO CONNECT, TO MOBILIZE, TO INNOVATE, TO CREATE RICHNESS OF CULTURE OR WHATEVER, AND RESPECT THE LINKS. SO INTERNET BEING RULED BY MORE PEOPLE COULD REACH MORE PEOPLE IN THE WORLD.
>SO I WISH THAT WHEN WE LEAVE SAO PAULO, WE CAN 81BRATE A NEW AND PROMISSORY BEGINNING. THIS IS OUR RESPONSIBILITY HERE, AND THANK YOU VERY MUCH. AND HAVE A GOOD MEETING. THANK YOU.
>[APPLAUSE ] >> NOW, MR. HONKING, SECRETARY-GENERAL OF THE UNITED NATIONS FOR BUSINESS MATTERS WILL DELIVER HIS MESSAGE FROM THE SECRETARY-GENERAL, BAN KI-MOON.
>>>WU HONGBO: YOUR EXCELLENCY, PRESIDENT ROUSSEFF, DISTINGUISHED MINISTERS, EXCELLENCIES, DISTINGUISHED DELEGATES, COLLEAGUES, LADIES AND GENTLEMEN.
>I'M HONORED TO BE HERE WITH YOU FOR THIS IMPORTANT EVENT. IT IS MY GREAT PLEASURE TO DELIVER A MESSAGE ON BEHALF OF THE UNITED NATIONS SECRETARY-GENERAL, MR. BAN KI-MOON.
>HERE I QUOTE: I THANK THE GOVERNMENT OF BRAZIL FOR HOSTING THE NETmundial MEETING, AND I COMMEND THIS GLOBAL MULTISTAKEHOLDER NATURE. ONLY THROUGH INCLUSIVE AND BOTTOM-UP PARTICIPATION WE BE ABLE TO FOSTER AN ACCESSIBLE, OPEN, SECURE, AND TRUSTWORTHY INTERNET.
>THE INTERNET IS TRANSFORMING SOCIETIES IN ALL REGIONS. IT IS THE BACKBONE OF OUR GLOBAL ECONOMY AND AN ESSENTIAL VEHICLE FOR DISSEMINATING INFORMATION AND IDEAS.
>ONE-THIRD OF THE PEOPLE NOW HAVE ACCESS TO THE INTERNET AND THE KNOWLEDGE AND THE TOOLS IT PROVIDES. INCREASING NUMBER OF PEOPLE NOW HAVE A PLATFORM TO VOICE THEIR OPINIONS AND PARTICIPATE IN SOCIETY FROM COMMERCE TO DEMOCRATIC DECISION-MAKING. THAT IS WHY IT IS ESSENTIAL THAT INTERNET GOVERNANCE POLICIES CONTINUE TO FOSTER FREEDOM OF EXPRESSION AND THE FREE FLOW OF INFORMATION.
>THE INTERNET AND THE INFORMATION SOCIETY HOLD TREMENDOUS PROMISE FOR THE POST-2015 DEVELOPMENT AGENDA.
>THE INTERNET CAN STRENGTHEN EFFORTS TO ERADICATE POVERTY, ADDRESS INEQUALITY, AND PROTECT AND RENEW THE PLANET'S RESOURCES.
>BUT REALIZING THE PROMISE MEANS EXPANDING INTERNET ACCESS TO NEARLY 1.3 BILLION PEOPLE WHO CURRENTLY LACK IT.
>MOST ARE IN DEVELOPING COUNTRIES AND THERE ARE SIGNIFICANT GENDER GAPS.
>INTERNET GOVERNANCE MUST, THEREFORE, WORK TO BRIDGE THE DIGITAL DIVIDE THROUGH INCLUSIVE RIGHTS-BASED POLICIES.
>INTERNET GOVERNANCE SHOULD AIM FOR UNIVERSAL ACCESS TO AN INTEROPERABLE, GLOBALLY CONNECTED, AND SAFE ONLINE SPACE.
>TO THIS END, THE PRINCIPLES OF THE WORLD SUMMIT ON THE INFORMATION SOCIETY REMAIN RELEVANT.
>THE UNITED NATIONS INVITES ALL STAKEHOLDERS TO JOIN IN THE ONGOING SUMMIT REVIEW PROCESS.
>CONFIDENCE IN THE INTERNET AND ITS GOVERNANCE IS VITAL. IF IT IS TO BE EFFECTIVELY CONTRIBUTING TO THE SUSTAINABLE DEVELOPMENT.
>IN THIS CONNECTION, I WISH TO INFORM THE MEETING I INTEND TO APPOINT AMBASSADOR JANIS KARKLINS OF LATVIA AS THE CHAIR OF THE MULTISTAKEHOLDER ADVISORY GROUP OF THE INTERNET GOVERNANCE FORUM.
>[APPLAUSE ] >>WU HONGBO: I COUNT ON MR. KARKLINS TO PROMOTE A STRENGTHENED INTERNET GOVERNANCE THROUGH BROADER PARTICIPATION, NOT ONLY BY GOVERNMENTS BUT ALSO THE PRIVATE SECTOR AND CIVIL SOCIETY, INCLUDING THE ACADEMIC AND THE TECHNICAL COMMUNITIES.
>BUILDING CONSENSUS ON THE ROADMAP FOR THE FUTURE OF INTERNET GOVERNANCE IS CRUCIAL. THIS NETmundial IS AN IMPORTANT MILESTONE. I WISH YOU A PRODUCTIVE MEETING. UNQUOTE.
>THANK YOU VERY MUCH ON BEHALF OF UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS, UNDESA. I WOULD LIKE TO THANK BRAZIL AND THE BRAZILIAN INTERNET STEERING COMMITTEE FOR NOT ONLY HOSTING THIS IMPORTANT MEETING, BUT ALSO FOR BEING CONSISTENT SUPPORTERS OF INTERNET GOVERNMENT FORUM. THE IGF COMMUNITY LOOKS FORWARD TO RUNNING TO BRAZIL FOR THE SECOND TIME FOR THE 10TH IGF IN 2015.
>THANK YOU VERY MUCH.
>[APPLAUSE ] >> NOW, WE ARE GOING TO LISTEN TO MS. NNENNA NWAKANMA, A REPRESENTATIVE OF CIVIL SOCIETY AND CONTRIBUTOR OF THE OPEN SOURCE FOUNDATION OF AFRICA.
>[APPLAUSE ] >>NNENNA NWAKANMA: OOH-LA-LA. YOUR EXCELLENCIES, COLLEAGUES, PRESENT AND REMOTE LADIES AND GENTLEMEN, (NON-ENGLISH WORD OR PHRASE). MY NAME IS I COME FROM THE INTERNET. I ALSO COME FROM DIVERSE CIVIL SOCIETY TEAMS AND NETWORKS, ONE OF WHICH IS THE TEAM THAT WORKS WITH THE WORLD WIDE WEB FOUNDATION.
>AT THE WEB FOUNDATION, WE ARE ENGAGED IN THE ALLIANCE FOR AFFORDABLE INTERNET. WE'RE ENGAGED IN THE WEB INDEX AND OPEN DATA INITIATIVES. ONE THING I DO FOR A LIVING IS TO ESTABLISH THE OPEN WEB AS A GLOBAL PUBLIC GOOD AND A BASIC RIGHT, ENSURING THAT EVERYONE CAN ACCESS AND USE IT FREELY. THAT'S WHAT I DO.
>I ALSO BELONG TO THE (INDISCERNIBLE) CIVIL SOCIETY PLATFORM, THE INTERNET GOVERNANCE CAUCUS FOR THE PAST 12 YEARS, AND THE AFRICA INTERNET GOVERNANCE FORUM.
>SO FOR ME, NETmundial, IN CONVENING US TO TAKE A CRITICAL LOOK AT THE PRINCIPLES AND ROADMAP FOR THE FUTURE OF THE INTERNET GOVERNANCE AVAILS ME WITH AN OPPORTUNITY TO RAISE THREE KEY ISSUES.
>THE FIRST ISSUE IS ACCESS.
>AS MUCH AS TWO-THIRDS OF THE WORLD'S POPULATION IS NOT YET CONNECTED TO THE INTERNET. THE PENETRATION RATES IN DEVELOPED COUNTRIES AVERAGE AROUND 31%, BUT IN AFRICA WHERE I COME FROM, WE ARE ABOUT 16%.
>IN THE WORLD'S 49 LEAST DEVELOPED COUNTRIES, OVER 90% OF THE POPULATION ARE STILL NOT ONLINE.
>WE HAVE 1 BILLION PEOPLE LIVING WITH DISABILITY, AND 80% OF THESE LIVE IN THE DEVELOPING COUNTRIES. EACH ONE OF THESE DESERVE ACCESS.
>ACCESS TO INFORMATION, ACCESS TO LIBRARIES, ACCESS TO KNOWLEDGE, AND ACCESS TO AFFORDABLE INTERNET.
>MY SECOND ISSUE IS SOCIAL AND ECONOMIC JUSTICE.
>THE INTERNET IS FAST BECOMING THE DOMINANT MEANS OF WEALTH CREATION, SO THE RIGHTS TO DEVELOPMENT, I THINK, SHOULD INCLUDE SOCIAL JUSTICE.
>FOR ME, IT IS NOT ENOUGH TO DO A SUPERFICIAL CAPACITY-BUILDING JUST FOR A FEW PERSONS. I'M LOOKING FOR THE MECHANISM THAT ALLOWS THE HIGHEST NUMBER OF PERSONS TO BE INCLUDED, THE LARGEST NUMBER OF VOICES TO BE HEARD, THE WIDEST EXTENT OF ACCESS TO INNOVATION, AND THE DEEPEST CREATIVITY FOR THE HUMAN MIND TO FLOURISH.
>FOR THIS, I THINK WE NEED TO START CONSIDERING THE INTERNET AS PUBLIC COMMENTS.
>MY THIRD ISSUE IS HUMAN RIGHTS AND FREEDOM.
>NOW I WILL INVITE YOU TO LISTEN THROUGH MY VOICE TO SOMEONE THAT I GREATLY RESPECT.
>THIS PERSON IS A "SHE." SHE WAS SPEAKING AT THE UNITED NATIONS GENERAL ASSEMBLY IN NEW YORK ON THE 25TH OF SEPTEMBER RAFT YEAR. DO YOU WANT TO HEAR WHAT SHE SAID?
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>>>NNENNA NWAKANMA: SHE SAID, "I CANNOT BUT DEFEND IN AN UNCOMPROMISING FASHION THE RIGHT TO PRIVACY OF INDIVIDUALS. IN THE ABSENCE OF THE RIGHT TO PRIVACY, THERE CAN BE NO TRUE FREEDOM OF EXPRESSION AND OPINION AND THERE IS NO EFFECTIVE DEMOCRACY." AND THAT WAS DILMA ROUSSEFF.
>[CHEERS AND APPLAUSE ] >>NNENNA NWAKANMA: OKAY. THANK YOU. RIGHT. LADIES AND GENTLEMEN, IN LOOKING FORWARD TOWARDS THE ROADMAP, I ALSO NEED TO RAISE THREE KEY ISSUES.
>MY FIRST ISSUE IS PARTICIPATION. WHEN WE STARTED, WE KICKED OFF WITH THE BASIC UNDERSTANDING THAT ALL STAKEHOLDERS HAVE A PLACE, A ROLE, A CONTRIBUTION.
>BUT AS WE'VE MOVED FURTHER DOWN THE LINE, THE IDEA OF MULTISTAKEHOLDER ENGAGEMENT IS GETTING MUDDLED AND IT'S LOSING A BIT OF ITS MEANING, SO I WOULD REQUEST THAT WE GO BACK TO THE DRAWING BOARD AND WE REVISIT IT, AND IF IT NEEDS TO UPGRADE, PLEASE LET'S DO THAT.
>BECAUSE WE NEED TO ENGAGE ALL STAKEHOLDERS AT A GLOBAL, REGIONAL, AND NATIONAL LEVELS.
>WE NEED TO ESTABLISH RESPECT AND VALUE FOR ALL CONTRIBUTIONS COMING FROM ALL STAKEHOLDERS, AND WE NEED MEANINGFUL PARTICIPATION FROM INDIVIDUALS COMING FROM DEVELOPING COUNTRIES AND UNDERREPRESENTED GROUPS.
>MY SECOND ISSUE IS RESOURCES.
>HOW DO WE ENSURE THAT RESOURCES ARE MOBILIZED AND MAINTAINED FOR A VIABLE INTERNET GOVERNANCE MECHANISM?
>THE QUESTION IS NOT JUST AT THE GLOBAL LEVEL. IT'S AT CONTINENTAL, REGIONAL, AND EVEN NATIONAL LEVELS.
>WHO'S RESOURCES ARE WE GOING TO COMMIT?
>MY FIRST THOUGHT IS THAT THE INTERNET SHOULD BE ABLE TO PROVIDE RESOURCES FOR ITS OWN GOVERNANCE. MAYBE PART OF THE DOMAIN NAME FEES SHOULD BE REINVESTED IN THIS AREA.
>[APPLAUSE ]
>>>NNENNA NWAKANMA: NOW, MY THIRD ISSUE IS CHANGE.
>NETmundial IS OFFERING US A GREAT OPPORTUNITY FOR CHANGE. CHANGE FROM ONE STAKEHOLDER HIJACKING THE PROCESS TO AN OPEN AND INCLUSIVE PROCESS. CHANGE FROM ONE OFFICIAL ISSUING ORDERS TO COLLABORATION. CHANGE FROM JUST REPORTS TO REAL TRANSPARENCY.
>CHANGE FROM POWER TO ACCOUNTABILITY. CHANGE FROM MONOLOGUES TO DIALOGUES AND DEBATES. CHANGE FROM THE RHETORIC OF CYBER-WAR TO THE NOTION OF INTERNET FOR PEACE. CHANGE FROM CYBER-THREATS TO DIGITAL SOLIDARITY. AND I DO BELIEVE THAT ALL OF THESE PRINCIPLES WILL ALSO GUIDE US IN IANA TRANSITION.
>LADIES AND GENTLEMEN, THERE IS ONE MESSAGE I MUST LEAVE WITH YOU TODAY, IT IS THE MESSAGE OF TRUST.
>WE'RE IN BRAZIL BECAUSE WE TRUST THE PERSON OF DILMA ROUSSEFF. WE ARE HERE BECAUSE WE TRUST THE NETmundial PROCESS. WE TRUST THE MULTISTAKEHOLDER APPROACH OF BRAZIL IN ITS OWN IGF, AND WE HAVE FOLLOWED THE STORY OF MARCO CIVIL AND I WANT TO SEE CONGRATULATIONS TO ALL BRAZILIANS ON THIS.
>[CHEERS AND APPLAUSE ] >>NNENNA NWAKANMA: HANG ON. HANG ON. HANG ON.
>THE TRUST THAT WE HAVE IN BRAZIL IS NEEDED AT ALL LEVELS. BUT THIS TRUST HAS BEEN DESTROYED BY THE COLLECTION, PROCESSING, AND INTERCEPTION OF OUR COMMUNICATIONS.
>[APPLAUSE ] >>NNENNA NWAKANMA: YES. SURVEILLANCE ON INTERNET SECURITY AND OUR TRUST IN ALL PERSONAL BUSINESS AND DIPLOMATIC COMMUNICATIONS. THAT'S WHY WE SAY "NO." THE WEB WE CAN TRUST, THAT IS THE WEB WE WANT. THE WEB THAT CONTRIBUTES TO PEACE, THAT IS THE WEB WE WANT. THE WEB THAT IS OPEN AND INCLUSIVE, THAT IS THE WEB WE WANT. THE WEB OF OPPORTUNITIES AND SOCIAL JUSTICE, THAT IS WHY I AM HERE.
>LADIES AND GENTLEMEN, NETmundial, I THINK, IS THE WORLD CUP OF INTERNET GOVERNANCE. WE NEED A ROBUST STADIUM THAT CAN HOLD US. THAT IS INFRASTRUCTURE. WE NEED TO ENJOY THE GAME. THAT IS PARTICIPATION. WE SHOULD NOT DISCRIMINATE. THAT IS NET NEUTRALITY. EVERYBODY'S FREE TO SUPPORT THEIR TEAM. I SUPPORT (SAYING NAME) OF NIGERIA. THAT IS FREEDOM. I SUPPORT BRAZIL AS LONG AS THEY ARE NOT PLAYING AGAINST AFRICA, ANYWAY.
>[LAUGHTER ] >>NNENNA NWAKANMA: WE NEED TO BE ABLE TO WEAR OUR COSTUMES AS FANS AND THAT IS DIVERSITY. AND MOST IMPORTANTLY, WE NEED TO KNOW THE RULES OF THE GAME AND PLAY BY IT. THAT, FOR ME, IS TRANSPARENCY.
>SO IT'S NOT GOING TO BE ABOUT POWER AND CONTROL FOR GOVERNMENTS. IT'S NOT GOING TO BE JUST INTEREST FOR THE INDUSTRY. IT'S NOT GOING TO BE NAMES AND NUMBERS FOR TECHNICAL COMMUNITY. IT'S NOT GOING TO BE FOR OR AGAINST FOR CIVIL SOCIETY. I THINK THAT WE NEED HUMILITY. THE HUMILITY TO LISTEN TO DIVERSE VOICES IS ESSENTIAL FOR AN AUTHENTIC DIALOGUE. LET US TALK TO EACH OTHER AND NOT AT EACH OTHER. BECAUSE SOMETIMES WE CAN BE SO DROWNED IN OUR OWN VOICES THAT WE DO NOT HEAR THE OTHER STAKEHOLDERS.
>JUST BEFORE I SIT DOWN, LADIES AND GENTLEMEN, TOMORROW IS GIRLS IN ICT DAY, SO I'M GOING TO SPEAK TO LADIES.
>GIRLS, IT IS UP TO US TO SEIZE THE OPPORTUNITY THAT THE INTERNET HAS GIVEN US. LET'S SEIZE IT AND LET'S ROCK THE WORLD! LET US GET WOMEN ONLINE. LET US GET US ONLINE.
>AND THIS, I WANT TO SAY A SPECIAL TRIBUTE TO ALL THE GIRLS IN MY WORLD FOUNDATION TEAM. ALEXANDRA IS HERE, RENAT AVILA, SONIA GEORGE, ANGELA, AND NOT JUST NETmundial BUT GIRLS ACROSS THE WORLD WORK ON THE INTERNET EVERY DAY. DEBORAH BROWN IS IN THE U.S. MARION FRANKLIN IS IN EUROPE. ANNA IS IN INDIA, (SAYING NAME) IS IN LATIN AMERICA HERE, (SAYING NAME) IS IN AFRICA, JOY LID I COT IS IN NEW ZEALAND, AND SALANIETA IS SOMEWHERE IN THE ISLANDS OF FIJI. GREAT WOMEN WHO DO THIS WORK. AND EVEN HERE IN BRAZIL, WE HAVE GREAT LADIES. ONE IS (SAYING NAME) AND THE OTHER IS (SAYING NAME) BUT COME ON, IT'S NOT JUST ABOUT WOMEN. THERE ARE GUYS, MEN, WHO WORK EVERY DAY, WHO PUT IN THE ENERGY, WHO PUT IN THEIR LIFE, WHO PUT IN ALL THEY HAVE, PUT IN THEIR EXPERTISE, SO THAT WE CAN HAVE A GLOBAL, TRUE, OPEN AND RESILIENT. AND TO ALL OF US WHO LOVE THE INTERNET AND TO ALL OF US WHO ARE HERE AND TO SOMEONE CALLED EDWARD, EDWARD SNOWDEN, THANK YOU.
>[CHEERS AND APPLAUSE ]
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>>>VINT CERF: PRESIDENT DILMA ROUSSEFF, EXCELLENCIES, DISTINGUISHED GUESTS, LADIES AND GENTLEMEN, IT IS AN HONOR AND A PRIVILEGE TO PARTICIPATE IN NETmundial. THIS DIALOGUE IS TIMELY AND MUCH NEEDED AS THE INTERNET CELEBRATES THE 40th YEAR OF ITS PUBLIC UNVEILING AND THE 31st YEAR OF ITS OPERATION. IN MAY 1974, THE DESIGN OF THE INTERNET WAS PUBLISHED IN THE IE EX-E PUBLICATIONS. ROBERT KAHN AND I FELT STRONGLY THE DESIGN AND THE PROTOCOLS OF THE INTERNET NEEDED TO BE FREELY AND OPENLY AVAILABLE TO ANY INTERESTED PARTIES AND WITHOUT ANY BARRIERS TO ADOPTION AND USE.
>OVER FOUR DECADES BY WORKING TOGETHER AND INCLUDING THE EXPERIENCES GATHERED FROM OTHER GLOBAL NETWORK EXERCISES, AN INFORMAL COALITION HAS BUILT FROM THE BOTTOM UP THE SUCCESSFUL, FREE AND OPEN INTERNET AND THE POPULAR WORLDWIDE WEB. SOME 3 BILLION PEOPLE ARE ALREADY ONLINE WORKING TOGETHER TOWARDS GROWTH IN A POWERFUL ECONOMIC ENGINE AND POSITIVE SOCIAL FORCE.
>THIS INTERNET GOVERNANCE MEETING COMES AT A TIME WHEN THE INTERNET AND ITS USE REFLECTS THE FULL RANGE OF INTERESTS OF A GLOBAL AND INCREASINGLY ONLINE SOCIETY.
>IN ADDITION TO APPRECIATING THE ENORMOUS BENEFITS ALREADY OBTAINED THROUGH THE COOPERATIVE CREATION, DISCOVERING AND SHARING OF INFORMATION ON THE INTERNET, IT IS ALSO APPARENT THAT USERS AND GOVERNMENTS ARE BECOMING CONCERNED ABOUT POTENTIAL HARMS THAT MAY BE ENCOUNTERED IN THIS DIGITAL WORLD.
>A SMALL FRACTION OF THE INTERNET'S USERS DELIBERATELY SEEK TO BENEFIT THEMSELVES AT THE EXPENSE OF OTHERS OR JUST SEEK TO DO DAMAGE THROUGH A KIND OF DIGITAL VANDALISM, AS ALSO HAPPENS OFFLINE.
>MOREOVER, IT IS APPARENT THAT THE RICH SOCIAL NETWORKING APPLICATIONSES THAT ARE RAPIDLY PROLIFERATING ALSO HAVE A POLITICAL POTENTIAL THAT MAY BE ALARMING TO SOME REGIMES.
>GOVERNMENTS UNDERSTANDABLY SEEK WAYS TO DEFEND THE GENERAL PUBLIC AND PRIVATE SECTORS AGAINST HARM, SUCH AS FRAUD, MALWARE, IDENTITY THEFT AND BULLYING. OTHERS VIOLATE HUMAN RIGHTS BY USING THE INTERNET TO CENSOR, MISINFORM, CONDUCT SURVEILLANCE AND RESTRICT SPEECH OR USE IT AS A MEANS TO IDENTIFY AND INCARCERATE THOSE WHO SPEAK TRUTH TO POWER.
>THE OPENNESS OF THE INTERNET HAS BEEN THE KEY TO ITS GROWTH AND VALUE. PERMISSIONLESS INNOVATION IS THE MAIN SPRING OF INTERNET'S ECONOMIC POWER. WE MUST FIND WAYS TO PROTECT THE VALUES THAT THE INTERNET BRINGS, INCLUDING THE RIGHTS OF ITS USERS WHILE ALSO PROTECTING THEM FROM HARM.
>THESE PRINCIPLES, TOGETHER WITH GROWING ACCESS TO THE INTERNET WILL PROVE TO BE OF LASTING VALUE TO THE DEVELOPING WORLD THAT CAN TAKE ADVANTAGE OF THE POSITIVE BENEFITS OF AN EXPANDING INFORMATION ECONOMY.
>OUR WORK IS NOT NEARLY DONE UNTIL THE INTERNET IS ACCESSIBLE TO EVERYONE AND IPv6 IS ACCESSIBLE EVERYWHERE.
>BRAZIL HAS SET A POSITIVE EXAMPLE IN NETmundial. IN A MULTIPARTY INITIATIVE LED BY CONGRESSMAN ALESANDRO MALONE, THE COUNTRY HAS JUST LEGISLATED MARCO CIVIL WHICH OFFERS IMPORTANT SAFEGUARDS TO PROTECT INTERMEDIARY INTERNET PROVIDERS AND PROTECT USER RIGHTS. ITS INTERNET STEERING COMMITTEE, CGI.BR, IS A MODEL OF NATIONAL MULTISTAKEHOLDER GOVERNANCE.
>THIS MEETING, AMONG MANY OTHERS, REPRESENTS AN IMPORTANT OPPORTUNITY TO EXAMINE A MULTISTAKEHOLDER MODEL FOR INTERNET GOVERNANCE BASED ON THE PARTICIPATION OF ALL STAKEHOLDERS, INCLUDING ROLES FOR GOVERNMENT, ACADEMICS, CIVIL SOCIETY, PRIVATE BUSINESSES AND THE TECHNICAL COMMUNITY. THIS CONFERENCE HAS BROUGHT TOGETHER A RICH AND VARIED GROUP OF INTERESTED PARTIES TO EXPLORE PRINCIPLES AND GUIDELINES FOR FUTURE INTERNET GOVERNANCE AS IT REACHES THE OTHER 4 BILLION STILL UNCONNECTED PEOPLE IN THE WORLD.
>THE INTERNET HAS BEEN BUILT ON THE BASIS OF COLLABORATION AMONG A DIVERSE AND CONSTANTLY EVOLVING SET OF INTERESTED PARTIES. AND THIS IS A FOUNDATIONAL IDEA THAT MUST BE PRESERVED. NEW INSTITUTIONS AND OPERATIONAL PLAYERS HAVE BEEN FORMED AT NEED, SUCH AS THE INTERNET ARCHITECTURE BOARD, THE INTERNET ENGINEERING TASK, THE INTERPRET SOCIETY, THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS, THE REGIONAL INTERNET REGISTRIES AND THE NUMBER RESOURCE ORGANIZATION, OTHER REGIONAL TLD ORGANIZATIONS SUCH AS CENTR AND LacTLD, THE ROOT SERVER OPERATORS, REGIONAL NETWORK OPERATION GROUPS, THE EMERGENCY RESPONSE TEAMS, INTERNET EXCHANGE POINTS, THE TOP-LEVEL DOMAIN REGISTRIES AND REGISTRARS AND THE NETWORK INFORMATION CENTERS SUCH AS THE BRAZILIAN NIC.
>OUT OF THE WORLD SUMMIT ON THE INFORMATION SOCIETY HAS COME THE ANNUAL INTERNET GOVERNANCE FORUM AND ITS REGIONAL AND NATIONAL ANALOGS. WE CREATE INSTITUTIONS AT NEED.
>AS WE GATHER HERE FOR THE NEXT TWO DAYS, WE HAVE TWO SPECIFIC CHALLENGES TO CONSIDER. THE LARGER ONE IS THE GENERAL DESIGN OF A GLOBAL, MULTISTAKEHOLDER INTERNET GOVERNANCE FRAMEWORK THAT PRESERVES THE FREE AND OPEN INTERNET AND PROVIDES TRANSNATIONAL PROTECTIONS FOR THE RIGHTS OF USERS.
>THE FRAMEWORK HAS TO ENABLE THE EVOLUTION OF THE INTERNET AND BE ABLE TO ADAPT TO IT. THE MORE FOCUSED CHALLENGE IS TO DEVISE A RESPONSE TO THE U.S. INVITATION TO ASSURE THAT WHEN THE U.S. GOVERNMENT AND ITS CONTRACTUAL RELATIONSHIP WITH ICANN, THE MULTISTAKEHOLDER FRAMEWORK FOR ICANN'S MANAGEMENT OF UNIQUE IDENTIFIERS AND PARAMETERS WILL ADHERE TO THE PRINCIPLES THAT HAVE MADE THE INTERNET A REMARKABLE, GLOBAL AND BENEFICIAL INFRASTRUCTURE.
>I BELIEVE THAT THE CHALLENGE BEFORE US, ASSURING ICANN'S ADHERENCE CAN BE ACCOMPLISHED BY REINFORCING ITS ACCOUNTABILITY AND TRANSPARENCY MECHANISMS. THE LARGER CHALLENGE, PROTECTING THE RIGHTS OF USERS WHILE ASSURING THEIR SAFETY WILL REQUIRE LAYERED, LOCAL, NATIONAL AND TRANSNATIONAL ENABLING MECHANISMS. WE CANNOT PRETEND TO KNOW THE SOLUTION TO ALL THE CHALLENGES AND OPPORTUNITIES THAT THE INTERNET POSES. WE CAN, HOWEVER, CREATE STRUCTURES THAT WILL ALLOW MULTISTAKEHOLDER COLLABORATIONS TO DISCOVER AND EVALUATE POSSIBLE ANSWERS.
>AMONG THE MECHANISMS THAT SHOULD BE REINFORCED AND SUPPORTED, I WOULD SINGLE OUT THE INTERNET GOVERNANCE FORUM. IT NEEDS FINANCIAL SUPPORT AND A PROPERLY STAFFED SECRETARIAT. IT HAS ILLUMINATED OUR UNDERSTANDING OF THE PROSPECTS AND PROBLEMS ARISING FROM THE GLOBAL GROWTH OF THE INTERNET.
>MOBILE TECHNOLOGY RAPIDLY DROPPING COSTS FOR INTERNET-ENABLING EQUIPMENT AND COMMUNICATIONS, AND BOUNDLESS DEVELOPMENT OF NEW APPLICATIONS HAVE CREATED A RICH PALATE FROM WHICH TO PAINT A BENEFICIAL DIGITAL FUTURE. THE GLOBAL IGF AND ITS REGIONAL AND NATIONAL COUNTERPARTS CAN BECOME AN EVEN MORE HELPFUL MECHANISM FOR HIGHLIGHTING ISSUES BY TRACKING THEIR SOLUTIONS IN A VARIETY OF FORUMS AND ENABLING THE EMERGENCE OF NEW APPROACHES WHEN THESE SEEM NECESSARY.
>WE WOULD HAVE TO BE A PRETTY SILLY SPECIES NOT TO TAKE ADVANTAGE OF THE GIFT THAT THE TECHNOLOGY HAS GIVEN US. THOSE OF US PARTICIPATING IN THE NETmundial -- WELL, I HAVE A VERY INTERESTING PROBLEM HERE, MY SPEECH ENDS BECAUSE THE REST OF IT WASN'T PRINTED OUT.
>[LAUGHTER ]
>SO I WILL END BY THANKING YOU VERY MUCH FOR THE TIME ON THIS STAGE.
>[APPLAUSE ]
>>>TIM BERNERS-LEE: TECHNOLOGY IS PERFECT THEN.
>45 YEARS AGO VINT CERF AND BOB KAHN PUT TOGETHER THE IDEA OF THE INTERNET, DESIGNED THAT, AND MADE THAT OPEN. 25 YEARS AGO -- A LONG TIME LATER, THE INTERNET WAS RUNNING. THERE WAS REMOTE --- . THERE WAS EMAIL RUNNING OVER THE INTERNET. BUT THERE WERE NO WEB, NO WEB SITES, NO WEB PAGES, NO LINKS. I FELT IT WAS REALLY IMPORTANT THERE SHOULD BE SO I INVENTED THE WEB. AND AS THE WORLDWIDE WEB PROJECT GREW, I NEEDED COLLABORATORS. I INVENTED HTML AND HTTP AND URLS BUT THE DEVELOPMENT OF THOSE HAD TO BE DONE BY A LARGE TECHNICAL COMMUNITY. I WENT TO THE INTERNET ENGINEERING TASK FORCE, I FOUNDED THE WORLDWIDE WEB CONSORTIUM THAT ASSESS THE STANDARDS FOR THE WEB AND ITS MOTTO IS TO LEAD THE WEB TO ITS FULL POTENTIAL.
>SO THE COLLABORATION BETWEEN THESE MULTISTAKEHOLDER GROUPS LIKE IETF AND W3C AND ALL THE PEERS THEY WORK WITH LIKE ECMA, TC39 FOR (SAYING NAME) THAT HAS BEEN REALLY CRUCIAL AND IT REALLY HAS BEEN HOW THIS HAS ALL WORKED.
>I HOPE YOU WILL AGREE THAT PEOPLE WORKING TOGETHER HAVE DONE A REASONABLE JOB AND LOOKING BACK AT THE 25 YEARS OF THE WEB, IT HAS BEEN -- IT HAS BEEN AN INCREDIBLE RIDE AND WE REALIZE NOW THAT RATHER THAN BEING A FUN PROJECT LIKE ALL THESE THINGS STARTED OFF WITH, IT NOW BECOMES SOMETHING WE HAVE TO REGARD AS TO BEING CRUCIAL.
>SOME OF THESE ORGANIZATIONS WHICH BELIEVE IN OPEN STANDARDS IN THIS PARTICULAR SORT OF MULTISTAKEHOLDER OPEN ON THE WEB SORT OF MEANING OF THE WORD, DEVISED THE WORD OPEN STAND. YOU CAN GO TO OPENSTAND.ORG TO EXPRESS THE WAY IT SHOULD BE ABOUT WITH OPEN DISCUSSION WITH THE DOCUMENTS BEING FREELY AVAILABLE ON THE WEB. WITH W3C SPECIFICALLY COMPANIES COMMIT THAT WHEN THEY START AND WORK TOWARDS THESE STANDARDS, THAT WHEN THE STANDARDS COME OUT THAT THEY WILL NOT CHARGE ROYALTIES TO ANYBODY WHO WANTS TO IMPLEMENT IT. SO KEEPING IT ROYALTY FREE HAS ALSO BEEN REALLY IMPORTANT.
>THE WEB GREW AS SOMETHING WHICH DID NOT INVOLVE BORDERS BECAUSE IT GREW ON THE INTERNET AND THE INTERNET, WHEN YOU CONNECT -- WHEN I WROTE A PROGRAM TO CONNECT FROM ONE COMPUTER TO THE OTHER, NEITHER PROGRAM HAD AN AWARENESS, NEEDED TO KNOW OR NECESSARILY FOUND IT EASY TO FIND OUT WHICH COUNTRY THOSE TWO COMPUTERS WERE IN. BUT INTERNET WAS TECHNICALLY -- IS A NATIONLESS THING. SO IN A NON-NATIONAL ENVIRONMENT, THE WEB GROWING UP, IT HAS BEEN A NON-NATIONAL SOCIETY WHICH HAS GROWN UP AROUND IT.
>YES, THERE HAS BEEN -- FORMALLY, THERE HAS BEEN A CONNECTION BETWEEN THE U.S. GOVERNMENT AND THE WAY INTERNET NUMBERS AND NAMES HAVE BEEN ASSIGNED. AND I'M VERY GLAD THAT THE U.S. GOVERNMENT HAS ACCEPTED TO RELEASE THAT OVERSIGHT. I THINK THAT IS VERY OVERDUE AND A VERY IMPORTANT STEP.
>IT IS AN IMPORTANT STEP BECAUSE ICANN SHOULD SERVICE -- IT SERVICES THE GLOBAL PUBLIC INTERNET, AND, THEREFORE, IT SHOULD BE A GLOBAL PUBLIC BODY. SO FOR ME, WHAT DOES THAT MEAN? IT IS EASY TO SAY IN THE PUBLIC INTEREST. FOR ME, FOR ICANN, THAT MEANS THAT DECISIONS THAT IT MAKES ABOUT TOP-LEVEL DOMAINS, ABOUT WHATEVER, ABOUT HOW TO SPEND ITS FUNDING, THEY SHOULD BE MADE BY STEPPING BACK AND THINKING, WELL, NEVERMIND THE PEOPLE WE KNOW INTIMATELY WHO ARE INVOLVED IN THAT DECISION BUT LET'S THINK ABOUT THE PLAN AS A WHOLE. WHAT IS BEST FOR HUMANITY AS A WHOLE? THAT SHOULD GUIDE EVERY DECISION THAT ICANN MAKES.
>OBVIOUSLY, ONE OF THE THINGS THAT ICANN DOES IS IT HAS FUNDS TO SPEND AND SO PARTLY IT CAN FURTHER THE WORLD BY SPENDING THOSE IN A BENEFICIAL WAY SUCH AS SUPPORTING -- WELL, SUPPORTING STANDARDIZATION, SUPPORTING HARDENING WEB TECHNOLOGY, SUPPORTING PIECES OF TECHNOLOGY LIKE THAT, THE INTERNATIONALIZATION OF THE TECHNOLOGY, KEEPING IT SO IT WORKS WITH EVERY CULTURE AND LANGUAGE, ACCESSIBILITY FOR PEOPLE WITH DISABILITIES AND, OF COURSE, CLOSING THE DIGITAL DIVIDE FOR REALLY IMPORTANT AGENDAS WHICH ICANN CAN THINK ABOUT SUPPORTING.
>THE INTERNET HAS THRIVED FROM THE EMPOWERMENT OF CAPABLE AND PUBLIC-SPIRITED PEOPLE. INITIALLY, THEY WERE FROM THE TECHNICAL COMMUNITY AND ACADEMIA BUT MORE RECENTLY THE WHOLE PRIVATE SECTOR, CIVIL SOCIETY AND GOVERNMENTS. WE NEED INTERNET GOVERNMENTS WHICH ALLOWS EACH COMMUNITY TO BRING ITS PARTICULAR STRENGTHS TO THE TABLE BUT ALLOWS NONE OF THEM TO ELEVATE ITS OWN INTEREST ABOVE THE PUBLIC GOOD.
>FIVE YEARS AGO, RELATIVELY RECENTLY IN INTERNET TIME, SOME OF US REALIZE THAT ALL THE TECHNICAL WORK WE WERE DOING WAS WONDERFUL BUT IT WAS EVERY SINGLE THING DID WAS INCREASING THE DIGITAL DIVIDE, INCREASING THE GAP BETWEEN THE POWER OF THE PEOPLE WHO HAD THE WEB AND DID NOT HAVE IT. SO AT THAT POINT, WE STARTED THE WORLDWIDE WEB FOUNDATION ABOUT WHICH YOU ALREADY HEARD SOME TO MAKE SURE THAT THE WEB -- WELL, YES, THAT IT GETS TO, FOR EXAMPLE, THE 60% OF THE PEOPLE WHO IN THE WORLD WHO DON'T HAVE IT AT ALL BUT ALSO FOR THE PEOPLE WHO HAVE IT, THAT IT REALLY IS THE WEB THAT WE WOULD WANT, THE WEB HAS NOW BECOME AN ESSENTIAL PUBLIC UTILITY SO WE HAVE TO REGARD IT AS SUCH.
>MUCH OF OUR TRADITIONAL THINKING ABOUT HUMAN RIGHTS APPLIES DIRECTLY TO EVERYTHING ON THE INTERNET SUCH AS FREE EXPRESSION. BUT NEW THINGS BECOMING IMPORTANT IN THE NETWORK CONTEXT, NET NEUTRALITY MEANS KEEPING THE NET FREE FROM DISCRIMINATION, BE IT COMMERCIAL OR POLITICAL.
>THE INNOVATIVE EXPLOSION WHICH HAPPENED ACROSS THE NET OVER THE LAST 25 YEARS HAS HAPPENED ONLY BECAUSE THAT NET HAS BEEN NEUTRAL. THE SOCIAL GROUND-BREAKING SENSE OF POSSIBILITY THAT WE CAN UNDERSTAND EACH OTHER AND POSSIBLY LIVE IN PEACE RELIES ON AN OPEN NET. OH, AND THANKS TO EVERYBODY WHO HAS EVER HELD UP A BANNER IN ANY FORUM ABOUT PUSHING FOR THE OPEN NET AND PUSHING AGAINST LAWS WHICH RESTRICT THE OPEN NET.
>SO THAT SENSE OF EXCITEMENT WHICH WE ALL HAVE GIVES US ALSO A RESPONSIBILITY THAT WE MUST KEEP THE NET NEUTRAL -- THE NET AS A NEUTRAL PLATFORM IN THE FUTURE.
>FREEDOM OF EXPRESSION IS A CRUCIAL RIGHT BUT IT HAS TO BE COUPLED ON THE NETWORK WITH A COMPLIMENTARY RIGHT TO PRIVACY AS, MADAM PRESIDENT, YOU HAVE POINTED OUT BEFORE AND HAVE ALREADY BEEN QUOTED TODAY.
>SO I WON'T QUOTE YOU AGAIN, BUT I WOULD, YES, AGREE THAT THERE ARE A LOT OF PEOPLE THAT ARE WORRIED ABOUT SURVEILLANCE AND FEEL IT IS PERHAPS THE MOST IMMEDIATE THREAT. IT FEELS THE MOST IMMEDIATE THREAT. AND, OF COURSE, SURVEILLANCE ALL AFFECTS THE INTERNET, IT IS ONE OF THE MORE INSIDIOUS ONES BECAUSE YOU DON'T SEE IT HAPPENING UNLIKE CENSORSHIP.
>IT IS GREAT TO BE BACK IN BRAZIL TODAY, NOT JUST BECAUSE BRAZIL IS A WONDERFUL COUNTRY AND ONE WHICH HAS HAD A REALLY VIBRANT SENSE OF WHAT OPPORTUNITY ON THE NET BUT, OF COURSE, ESPECIALLY TODAY IS A SPECIAL DAY. YESTERDAY WAS A VERY SPECIAL DAY, THE MARCO CIVIL GOING THROUGH IS WONDERFUL. A FANTASTIC EXAMPLE OF HOW GOVERNMENTS COMPARE POSITIVE ROLE IN ADVANCING WEB RIGHTS AND KEEPING THE WEB OPEN. YES, EUROPEANS ALSO CELEBRATE, THE EUROPEAN PARLIAMENT PASSING LEGISLATION PROTECTING USERS ON THE WEB. WELL DONE. SO TWO DATA POINTS THAT SUGGEST WE ARE MAKING PROGRESS. THAT IS GREAT, BUT, BOY, WE HAVE GOT A HUGE WAY THE PRINCIPLES OF HUMAN RIGHTS ON THE NET ARE NEW AND THEY'RE NOT UNIVERSALLY ACCEPTED.
>THE WEB BECOMES EVER MORE EXCITING WITH EVERY ADVANCING TECHNOLOGY LIKE MOBILE WEB AND SO ON, BUT 60% OF THE WEB -- OF THE POPULATION CAN'T USE THE WEB AT ALL.
>AS THE WEB GIVES PEOPLE GREATER AND GREATER POWER, INDIVIDUALLY AND COLLECTIVELY, SO MANY FORCES ARE ABUSING OR THREATEN TO ABUSE THE NET AND ITS CITIZENS. THE WEB THAT WE WILL HAVE IN ANOTHER 25 YEARS' TIME IS, BY NO MEANS, CLEAR. BUT IT IS COMPLETELY UP TO US TO DECIDE WHAT WE WANT TO MAKE THAT WEB, WHAT WE WANT TO MAKE THAT WORLD.
>THAT'S WHY I'M ASKING WEB USERS AROUND THE WORLD, NOT JUST PEOPLE HERE IN THIS CONFERENCE ROOM AND THE OTHER CONFERENCE ROOMS WHERE THIS IS BEING RELAYED, NOT JUST PEOPLE IN THIS CONFERENCE BUT PEOPLE ALL OVER THE WORLD, TO GO AND THINK ABOUT WHAT YOU WANT AND TO FIND SOME SORT OF GLOBAL MAGNA CARTA FOR THE INTERNET. THAT IS WHY --
>[APPLAUSE ] >>TIM BERNERS-LEE: THAT IS WHY I'M ASKING COUNTRIES EVERYWHERE TO FOLLOW BRAZIL'S EXAMPLE AND EUROPE'S EXAMPLE AND DEVELOP POSITIVE LAWS THAT PROTECT AND EXPAND THE RIGHTS OF USERS IN AN OPEN, FREE, AND UNIVERSAL WEB.
>[APPLAUSE ]
>>>TIM BERNERS-LEE: THANK YOU.
>[APPLAUSE ] >> LADIES AND GENTLEMEN, THE PRESIDENT OF THE REPUBLIC HAS APPROVED A LAW THAT GUARANTEES THE RIGHTS AND DUTIES FOR THE USE OF INTERNET IN THE WORLD.
>[CHEERS AND APPLAUSE ] >>H.E. DILMA ROUSSEFF: GOOD MORNING TO ONE AND ALL. I WOULD LIKE TO THANK THOSE WHO SPOKE BEFORE ME FOR PERFECTLY PRONOUNCING "GOOD MORNING" IN PORTUGUESE, (NON-ENGLISH WORD OR PHRASE) AS VOICED BY OUR DEAR REPRESENTATIVE FROM AFRICA, NNENNA NWAKANMA.
>THANK YOU VERY MUCH FOR PERFECTLY PRONOUNCING (NON-ENGLISH WORD OR PHRASE) IN BRAZILIAN PORTUGUESE. GOOD MORNING.
>AND BY GREETING HER, I WOULD LIKE TO EXTEND MY GREETINGS TO ALL WOMEN WHO ARE CURRENTLY ACTIVE ON THE WEB. BOTH THE GIRLS AND THE GUYS WHO ARE EQUALLY ACTIVE ON THE WEB.
>GREETINGS, LIKEWISE, TO THE MAYOR OF SAO PAULO WHO HAS SO KINDLY WELCOMED US, AND ABOVE ALL, I WOULD RECYCLE TO, FIRST OF ALL, GREET TWO MEMBERS OF CONGRESS FROM BRAZIL. NAMELY MR. (SAYING NAME) REPRESENTING THE HOUSE OF REPRESENTATIVES WHO SERVED AS RAPPORTEUR OF THE BILL OF LAW WHICH LED UP TO THE PASSING YESTERDAY OF THE INTERNET CIVIL FRAMEWORK, AS WELL AS REPRESENTATIVE -- RATHER SENATOR (SAYING NAME), AND THROUGH HIM, I WOULD LIKE TO FURTHER EXTEND MY GREETINGS, LIKEWISE, TO THE SENATE RAPPORTEURS WHO WERE ABLE TO PASS THE PIECE OF LAW IN A RECORD TIME, SENATOR (SAYING NAME), SENATOR (SAYING NAME), AND SENATOR (SAYING NAME). THANK YOU.
>AND SO SENATOR (SAYING NAME) AND TO REPRESENTATIVE (SAYING NAME), I WOULD LIKE TO VOICE MY THANKS FOR YOUR EFFORTS IN PASSING THE INTERNET CIVIL FRAMEWORK.
>GREETINGS, LIKEWISE, TO THE SECRETARY-GENERAL OF THE UNITED NATIONS, HONG BO. SPECIAL GREETINGS LIKEWISE TO THE INVENTOR OF THE INTERNET, TIM BERNERS-LEE.
>I WOULD LIKE TO GREET THE VICE PRESIDENT OF GOOGLE, AND A KEY PERSON -- RATHER A KEY PERSON IN THE ESTABLISHMENT OF THE INTERNET, MR. CERF.
>GREETINGS, ONCE AGAIN, TO MR. (SAYING NAME) WHO, ON OCTOBER THE 8TH LAST YEAR, 2013 -- CORRECT, FADI, IF I'M NOT MISTAKEN, WE MET IN BRAZIL YEAH AND ON THAT OCCASION DURING THAT MEETING WITH YOU THE SEMINAL IDEA SURFACED OF ESTABLISHING THIS INTERNET GOVERNANCE SUMMIT MEETING THAT IS REALIZED HERE TODAY, SO THANK YOU VERY MUCH AN ALL OF YOU, INCLUDING CABINET MINISTERS AND FOREIGN DELEGATES ATTENDING THIS SESSION TODAY. ---
>MAY I ALSO USE THE OPPORTUNITY ---
>MAY I ALSO USE THE OPPORTUNITY TO GREET ALL CABINET MINISTERS WHO HAVE BEEN ACTIVELY INVOLVED IN THE PROCESS THAT LED UP TO THE PASSING OF THE INTERNET GOVERNANCE CIVIL FRAMEWORK, AN EFFORT WHICH OF COURSE INVOLVED ALL STAKEHOLDERS AND SOCIETY.
>SPECIAL THANKS TO MINISTER OF FOREIGN AFFAIRS, AMBASSADOR (SAYING NAME), MINISTER OF JUSTICE CARDOZO, ALSO MINISTER OF COMMUNICATIONS, MINISTER OF SCIENCE AND TECHNOLOGY, (SAYING NAME), AND MAY I ALSO GREET AND THANK SENATOR AND MINISTER OF CULTURE (SAYING NAME) AS WELL AS THE BRAZILIAN SECRETARY-GENERAL OF THE PRESIDENT'S OFFICE, (SAYING NAME). GREETINGS LIKEWISE TO ALL ATTENDEES, PARTICULARLY THE MEDIA PROFESSIONALS, JOURNALISTS, PHOTOGRAPHERS, AND CAMERAMEN AND WOMEN.
>MAY I SAY THAT YOU ARE ALL MOST WELCOME TO BRAZIL.
>AS ATTENDEES TO THIS GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF INTERNET GOVERNANCE, THE SO-CALLED NETmundial AS WE CALL IT IN PORTUGUESE.
>AT THIS POINT IN TIME I WOULD ALSO LIKE TO VOICE MY GREETINGS TO THE ORGANIZERS, I.E., THE INTERNET MANAGEMENT OR MANAGING COMMITTEE AS WELL AS THE 1net COMMITTEE. IT GIVES ME GREAT JOY TO SEE IN THIS PLENARY HALL REPRESENTATIVES OF ALL DIFFERENT SECTORS WHO -- OR WHICH ARE IN ONE WAY INVOLVED IN THE INTERNET GOVERNANCE.
>IN THIS HALL TODAY, WE HAVE CIVIL SOCIETY, ACADEMIA, MEMBERS OF THE TECHNICAL COMMUNITY, BUSINESSES, AND GOVERNMENTS AT LARGE.
>THIS HEALTHY DIVERSITY -- AND I STRESS IT IS A HEALTHY DIVERSITY -- IS ALSO A HALLMARK OF THOSE GROUPS THAT HAVE JOINED US THROUGH THE INTERNET AND THIS MEETING, AND I WOULD LIKE TO USE THE OPPORTUNITY TODAY TO ESTABLISH A DIALOGUE ON THE ISSUES AND THE PURPOSES THAT BRING US TOGETHER IN SAO PAULO TODAY.
>BACK IN MID-2013 WHEN THE REVELATION SURFACED ON THE COMPREHENSIVE MECHANISMS FOR COLLECTIVE MONITORING OF COMMUNICATIONS CAUSED ANGER AND REPUDIATION IN VAST CIRCLES OF PUBLIC OPINION BOTH IN BRAZIL AND IN THE WORLD AT LARGE, IN BRAZIL CITIZENS, COMPANIES, DIPLOMATIC REPRESENTATIONS AND EVEN THE PRESIDENCY OF THE REPUBLIC ITSELF WERE TARGETED, AND THEIR COMMUNICATIONS INTERCEPTED.
>THESE EVENTS ARE NOT ACCEPTABLE. WERE NOT ACCEPTABLE IN THE PAST AND REMAIN UNACCEPTABLE TODAY, IN THAT THEY ARE AN AFFRONTMENT AGAINST THE VERY NATURE OF THE INTERNET AS A DEMOCRATIC, FREE, AND PLURALISTIC PLATFORM.
>THE INTERNET WE WANT IS ONLY POSSIBLE IN A SCENARIO WHERE HUMAN RIGHTS ARE RESPECTED. PARTICULARLY THE RIGHT TO PRIVACY AND TO ONE'S FREEDOM OF EXPRESSION.
>ACCORDINGLY, IN MY ADDRESS TO THE 68TH GENERAL ASSEMBLY OF THE UNITED NATIONS, I PUT FORTH A PROPOSAL TO TACKLE SUCH PRACTICES. I THEN PROPOSED A DISCUSSION ON ESTABLISHING A GLOBAL CIVIL FRAMEWORK FOR INTERNET GOVERNANCE AND USE, AS WELL AS MEASURES TO ENSURE ACTUAL PROTECTION OF DATA THAT TRAVELS THROUGH THE INTERNET.
>ALSO, WORKING TOGETHER WITH GERMAN CHANCELLOR ANGELA MERKEL WE SUBMITTED TO THE UNITED NATIONS A DRAFT RESOLUTION ON THE RIGHT TO PRIVACY IN THE DIGITAL AGE.
>BY CONSENSUS, THE RESOLUTION WAS PASSED AS PROPOSED AND WE ALSO PASSED A CALL FOR STATES TO DISCONTINUE ANY ARBITRARY OR ILLEGAL COLLECTION OF PERSONAL DATA AND TO ENFORCE USERS' RIGHTS TO PRIVACY.
>I SHOULD ACTUALLY STRESS THE FACT THAT THE SAME RIGHTS THAT PEOPLE ARE ENTITLED TO OFFLINE OR IN THE OFFLINE WORLD SHOULD BE LIKEWISE PROTECTED ON THE ONLINE WORLD.
>THIS MEETING TODAY, NETMUNDIAL, PROVIDES FURTHER MOMENTUM TO THAT EFFORT. THIS MEETING ALSO LIVES UP TO A GLOBAL YEARNING AS WE PROPOSE CHANGES IN THE CURRENT STATE OF AFFAIRS AND FOR AN ONGOING CONSISTENT STRENGTHENING OF FREEDOM OF EXPRESSION ON THE INTERNET AS WELL AS EFFORTS TO ULTIMATELY PROTECT BASIC HUMAN RIGHTS, AS IS THE CASE OF ONE'S RIGHT TO PRIVACY. AND WITHOUT THE SHADOW OF A DOUBT, THAT IS ALSO THE CASE OF ONE'S RIGHT TO PROPER TREATMENT OF WEB-BASED DISCUSSIONS IN A RESPECTFUL FASHION, TO ENSURE ITS OPEN, DEMOCRATIC NATURE. WE HAVE ALL TO SAO PAULO, THEREFORE, WITH A SHARED PURPOSE, THE PURPOSE OF ENHANCING AND DEMOCRATIZING INTERNET GOVERNANCE BY MEANS OF CONSENSUS BUILDING. AND I MEAN CONSENSUS AROUND PRINCIPLES, AND ON A ROADMAP TO BE DEVELOPED FOR ITS FUTURE EVOLUTION.
>A POINT I'D LIKE TO MAKE PLAIN AND CLEAR IS THAT THE IDEA HERE IS NOT, OF COURSE, TO REPLACE FOR THE COUNTLESS FORA OUT THERE THAT ALREADY ADDRESS THE TOPIC OR THE MATTER AT HAND TODAY. THE IDEA, RATHER, IS TO LEND A NEW MOMENTUM TO THE ONGOING DISCUSSIONS IN A MUCH NEEDED SENSE OF URGENCY.
>WE, THEREFORE, WORK FROM TWO PREMISES OR KEY ASSUMPTIONS.
>THE FIRST SUCH PREMISE IS THAT WE ALL WANT TO PROTECT THE INTERNET AS A SPACE, AVAILABLE TO ALL, AS A SHARED ASSET, AND AS SUCH, TRULY HERITAGE OF HUMANKIND, MORE THAN SIMPLY A WORK TOOL AND WAY BEYOND ITS WELL-KNOWN CONTRIBUTION FOR ECONOMIC GROWTH, PROVIDED, OF COURSE, THAT IT BE INCREASINGLY INCLUSIVE AND THE FACT IS THAT THE INTERNET HAS ENABLED THE CONSTANT REINVENTION OF THE WAY PEOPLE AND INSTITUTIONS INTERACT, PRODUCE CULTURE, AND ORGANIZE THEMSELVES, EVEN POLITICALLY.
>AN OPEN AND DECENT NETWORK ARCHITECTURE FAVORS GREATER ACCESS TO KNOWLEDGE. IT HELPS MAKE COMMUNICATIONS MORE DEMOCRATIC AND ALSO FOSTERS CONSTANT INNOVATION. THESE BASIC FEATURES ARE THE FEATURES THAT WE WANT AND THAT SHOULD BE PRESERVED UNDER ANY CIRCUMSTANCES, AND IN ANY SCENARIO, IN ORDER TO ULTIMATELY GUARANTEE THE FUTURE OF THE INTERNET AND, THUS, BOOST ITS TRANSFORMATIVE EFFECTS FOR AND IN SOCIETIES.
>THE SECOND PREMISE OR ASSUMPTION IS THE DESIRE WE ALL SHARE TO INCORPORATE AN INCREASINGLY BROADER AUDIENCE INTO THIS PROCESS.
>OUR COMMITMENT TO AN OPEN AND INCLUSIVE DEBATE HAS GUIDED THE EFFORTS TO ORGANIZE THIS MEETING IN SAO PAULO TODAY. ALL DIFFERENT WALKS OF LIFE HAVE TAKEN PART IN ITS PREPARATION AND ARE DULY REPRESENTED IN THIS PLANE HALL TODAY.
>WE ARE TALKING ABOUT THOUSANDS OF PARTICIPANTS FROM ALL OVER THE WORLD WHO ARE JOINED BY VIRTUAL CONNECTIONS IN SEVERAL DIFFERENT POINTS OF THE PLANET.
>THE TOPICS TO BE DISCUSSED HAVE BEEN THE SUBJECT OF BROAD AND PRIOR INTERNATIONAL PUBLIC CONSULTATION AND HAVE RECEIVED INPUTS FROM PLAYERS OR STAKEHOLDERS LOCATED IN SEVERAL DIFFERENT COUNTRIES AND IN DIFFERENT GEOGRAPHIES.
>THESE PROPOSALS IN TURN, OR INPUTS, HAVE SERVED AS THE FOUNDATION TO DEVELOP A DRAFT DOCUMENT, THE DRAFT DOCUMENT TO BE DISCUSSED AND FURTHER ENHANCED HERE IN THE NEXT FEW DAYS.
>I WOULD LIKE TO WELCOME THE WORK CONDUCTED BY THE EXECUTIVE METRIC SECTORAL COMMUNITY AS WELL AS THE HIGH-LEVEL MULTISTAKEHOLDER COMMITTEE FOR THIS JOINT EFFORT.
>THE INTEREST OF BRAZILIANS IN THE INTERNET IS REFLECTED ON THE SUBSTANTIAL PARTICIPATION OF BRAZILIAN NATIONALS IN THE DOMESTIC PUBLIC CAPTION AS FACILITATED BY THE.BR PORTAL. AT THIS TIME, CIVIL SOCIETY IS ORGANIZED IN THIS FORUM, THE SO-CALLED NETmundial ARENA, WHICH IS THE BRAZILIAN LOCUS FOR ACCESS TO TODAY'S SESSIONS.
>MAY I REMIND ALL THE LADIES AND GENTLEMEN AND FRIENDS ATTENDING THIS SESSION THAT BRAZIL ADVOCATES THAT INTERNET GOVERNANCE SHOULD BE MULTISTAKEHOLDER, MULTILATERAL, DEMOCRATIC, AND TRANSPARENT IN NATURE.
>IT IS OUR VIEW THAT THE MULTISTAKEHOLDER MODEL IS THE BEST WAY TO EXERCISE INTERNET GOVERNANCE.
>VERY MUCH IN ACCORDANCE WITH THAT VIEW, OUR LOCAL GOVERNANCE SYSTEM WHICH HAS BEEN IN OPERATION FOR 20 YEARS HAS RELIED ON ACTUAL PARTICIPATION OF REPRESENTATIVES FROM CIVIL SOCIETY, MEMBERS OF ACADEMIA, THE BUSINESS COMMUNITY, AND THE GOVERNMENT AT LARGE AT THE INTERNET GOVERNANCE -- OR AT THE INTERNET MANAGEMENT COMMITTEE.
>FULLY IN LINE WITH WHAT I JUST SAID, I ALSO ATTACH A GREAT DEAL OF IMPORTANCE TO THE MULTILATERAL PERSPECTIVE, ACCORDING TO WHICH GOVERNMENT PARTICIPATION SHOULD OCCUR ON AN EQUAL FOOTING AMONG GOVERNMENTS IN SUCH A WAY AS TO ENSURE THAT NO COUNTRY WILL HAVE OR BEAR GREATER WEIGHT VIS-A-VIS OTHER COUNTRIES.
>[APPLAUSE ] >>H.E. DILMA ROUSSEFF: OUR ADVOCACY OF THE MULTILATERAL MODEL IS THE NATIONAL CONSEQUENCE OF AN ELEMENTARY PRINCIPLE THAT SHOULD GOVERN TODAY'S INTERNATIONAL RELATIONS AS ENSHRINED IN THE BRAZILIAN FEDERAL CONSTITUTION. I'M TALKING ABOUT EQUALITY AMONG STATES.
>WE, THEREFORE, SEE NO OPPOSITION WHATSOEVER BETWEEN MULTI- -- OR THE MULTILATERAL AND THE MULTISTAKEHOLDER NATURE OF THE INTERNET. ACTUALLY, THE OPPOSITE OF THAT WOULD BE A ONE-SIDED UNILATERAL INTERNET WHICH IS UNTENABLE.
>AN INTERNET THAT IS ULTIMATELY SUBJECT TO INTERGOVERNMENTAL ARRANGEMENTS THAT EXCLUDE OTHER SECTORS OF SOCIETY IS NOT DEMOCRATIC.
>MULTISTAKEHOLDER ARRANGEMENTS THAT ARE IN TURN SUBJECT TO OVERSIGHT BY ONE OR FEW STATES ARE NOT ACCEPTABLE EITHER.
>WE TRULY WANT TO MAKE RELATIONS BETWEEN GOVERNMENTS AND SOCIETIES MORE DEMOCRATIC, AS WELL AS THE RELATIONS AMONG GOVERNMENTS. WE WANT MORE, NOT LESS, DEMOCRACY.
>THE TASK OF PROVIDING A GLOBAL DONATION TO THE ORGANIZATIONS THAT ARE CURRENTLY RESPONSIBLE FOR CENTRAL FUNCTIONS OF THE INTERNET IS NOT ONLY NECESSARY, BUT ALSO AN UN-POSTPONABLE TASK.
>THE COMPLEXITY OF THE TRANSITION AT HAND, WHICH ON THE ONE HAND INVOLVES JURISDICTIONAL COMPETENCE, AS WELL AS ACCOUNTABILITY AND AN AGREEMENT WITH MULTIPLE STAKEHOLDERS, DOES NOT, NEVERTHELESS, MAKE IT LESS URGENT A TASK.
>THAT IS WHY I'D LIKE TO AGAIN WELCOME THE RECENTLY VOICED INTENTION OF THE UNITED STATES GOVERNMENT TO REPLACE ITS INSTITUTIONAL LINKAGE WITH THE AUTHORITY FOR -- OR WITH THE INTERNET AUTHORITY FOR NUMBER ASSIGNMENT, IANA, AND THE INTERNET CORPORATION FOR NAMES AND NUMBER ASSIGNMENTS, ICANN, BY A GLOBAL MANAGEMENT OF THESE INSTITUTIONS FROM NOW ONWARDS, A NEW INSTRUMENTAL AND LEGAL ARRANGEMENT OF THE ISDN UNDER THE RESPONSIBILITY OF IANA AND ICANN SHOULD BE BUILT IN SUCH A WAY AS TO INCLUDE BROAD-RANGING INVOLVEMENT OF ALL SECTORS THAT HAVE AN INTEREST IN THE MATTER WAY BEYOND THE TRADITIONAL STAKEHOLDERS OR PLAYERS.
>EACH SECTOR, OF COURSE, PERFORMS DIFFERENT ROLES BASED ON LIKEWISE DIFFERENTIATED RESPONSIBILITIES.
>THE OPERATIONAL MANAGEMENT OF THE INTERNET SHOULD CONTINUE BEING LED BY ITS TECHNICAL COMMUNITY. MAY I, AT THIS POINT, VOICE MY PUBLIC RECOGNITION -- AND THIS IS ON BEHALF OF MY GOVERNMENT -- TO THESE PEOPLE WHO DEVOTE THEIR TIME AND ENERGY ON A DAY-TO-DAY BASIS TO KEEPING THE INTERNET AS AN OPEN, STABLE, AND SECURE PLATFORM, A KEY EFFORT WHICH REMAINS LARGELY INVISIBLE IN THE EYES OF MOST OF US END USERS.
>MATTERS PERTAINING TO SOVEREIGNTY SUCH AS CYBERCRIME, BREACH OF RIGHTS, ECONOMIC ISSUES OR TRANSNATIONAL ECONOMIC ISSUES, AND THREATS OF CYBER-ATTACKS ARE THE PRIMARY RESPONSIBILITY OF STATES.
>THE TASK AT HAND IS, ABOVE ALL, TO ENSURE THAT STATES WILL HAVE AT THEIR AVAIL THE TOOLS THAT WILL ALLOW THEM TO FULFILL THEIR RESPONSIBILITIES BEFORE THEIR CITIZENS, TO INCLUDE THE GUARANTEE OF FUNDAMENTAL RIGHTS. RIGHTS WHICH ARE ENSURED OFFLINE SHOULD BE EQUALLY INSURED ONLINE.
>THESE RIGHTS THRIVE UNDER THE SHELTER AND NOT IN THE ABSENCE OF THE STATE.
>IN ORDER FOR THE GLOBAL INTERNET GOVERNANCE TO BE TRULY DEMOCRATIC, MECHANISMS ARE REQUIRED TO ENABLE GREATER PARTICIPATION OF DEVELOPING COUNTRIES IN ALL DIFFERENT SECTORS.
>THE MATTERS THAT ARE IN THE INTEREST OF THESE COUNTRIES THAT ARE THE HEAVY-DUTY USERS OF THE INTERNET, TOPICS SUCH AS, FOR EXAMPLE, EXPANDING CONNECTIVITY, ACCESSIBILITY, AND THE RESPECT TO DIVERSITY, SHOULD BE CENTRAL ON THE INTERNATIONAL AGENDA.
>IT IS NOT ENOUGH FOR FORA TO BE OPEN FROM A PURELY FORMAL STANDPOINT. WE MUST FURTHER IDENTIFY AND REMOVE THE VISIBLE AND INVISIBLE BARRIERS TO ACTUAL PARTICIPATION OF THE ENTIRE POPULATION OF EVERY COUNTRY OR ELSE WE WOULD BE ULTIMATELY RESTRICTING OR LIMITING THE DEMOCRATIC ROLE AND THE SOCIAL AND CULTURAL REACH OF THE INTERNET.
>THE EFFORT AT HAND FURTHER REQUIRES THAT THE INTERNET GOVERNANCE FORUM BE FURTHER STRENGTHENED AS A DIALOGUE FORUM CAPABLE OF PRODUCING RESULTS AND RECOMMENDATIONS.
>IT ALSO REQUIRES A COMPREHENSIVE, BROAD-RANGING REVIEW OF THE 10 YEARS FOLLOWING THE SUMMIT -- WORLD SUMMIT MEETING OF INFORMATION SOCIETY AS WELL AS A DEEPER DISCUSSION ON ETHICS AND PRIVACY AT THE UNESCO LEVEL.
>GIVEN THE ABOVE, MAY I SAY THAT WE ARE STRONG BELIEVERS THAT THE CYBER-SPACE -- AND I'M SURE THAT BELIEF IS SHARED BY ALL OF US -- THE CYBER-SPACE SHOULD BE THE TERRITORY OF TRUST, HUMAN RIGHTS, CITIZENSHIP, COLLABORATION, AND PEACE.
>TO ACHIEVE THESE OBJECTIVES, WE MUST AGREE ON BASIC PRINCIPLES THAT WILL ULTIMATELY GUIDE INTERNET GOVERNANCE.
>AS REGARDS PRIVACY, THE RESOLUTION PASSED BY THE UNITED NATIONS ORGANIZATION WAS AN IMPORTANT STEP IN THE RIGHT DIRECTION, BUT WE MUST -- BUT WE STILL HAVE MUCH PROGRESS TO MAKE.
>ANY DATA COLLECTION OR TREATMENT SHOULD ONLY BE CARRIED OUT WITH FULL AGREEMENT OF THE PARTIES INVOLVED OR AS LEGALLY PROVIDED FOR.
>HOWEVER, THE DISCUSSION ON PRINCIPLES IS MUCH MORE COMPREHENSIVE. IT SHOULD -- AND I STRESS IT SHOULD -- INCLUDE UNIVERSAL INTERNET ACCESS, WHICH IS ABSOLUTELY KEY FOR THE WEB TO SERVE AS A TOOL FOR HUMAN AND SOCIAL DEVELOPMENT SO AS TO ULTIMATELY HELP BUILD INCLUSIVE, NONDISCRIMINATORY SOCIETIES.
>IT SHOULD ALSO INCLUDE FREEDOM OF EXPRESSION AND NET NEUTRALITY AS AN SINE BRAZIL HAS ITS CONTRIBUTIONS TO MAKE FOLLOWING A BROAD RANGING DISCUSSION, DOMESTIC PROCESS THAT HAS ULTIMATELY LED TO THE PASSING OF THE INTERNET CIVIL FRAMEWORK ACT AS PASSED YESTERDAY BY CONGRESS IN WHICH I HAD THE HONOR OF SANCTIONING JUST A FEW MINUTES AGO. THE LAW -- AND I MAY QUOTE TIM BERNERS-LEE WHO QUOTED THE LAW AS A PRESIDENT TO THE WEB ON THE OCCASION OF THE 20th -- OR 25th ANNIVERSARY AS SUCH THE LAW CLEARLY SHOWS THE FEASIBILITY AND SUCCESS OF OPEN MULTISECTORIAL DISCUSSIONS AS WELL AS THE INNOVATIVE USE OF THE INTERNET AS PART OF ONGOING DISCUSSIONS AS A TOOL AND A INTERACTIVE DISCUSSION PLATFORM.
>I THINK IT IS FAIR TO SAY THAT THE PROCESS THAT LED UP TO THE CIVIL FRAMEWORK ACT CAN BE DESCRIBED AS A VIRTUOUS PROCESS IN THAT OUR CIVIL FRAMEWORK, AS IT CURRENTLY STANDS, HAS BEEN EVEN FURTHER APPRECIATED GIVEN THE PROCESS THAT PRECEDED THE EFFORTS TO ESTABLISH IT AS SUCH.
>MAY I, THEREFORE, CALL TO MIND THAT OUR CIVIL FRAMEWORK ESTABLISHES PRINCIPLES, GUARANTEES AND USER RIGHTS, CLEARLY ASSIGNING DUTIES AND RESPONSIBILITIES OF THE DIFFERENT STAKEHOLDERS AND GOVERNMENT AGENCIES ON AN ONLINE ENVIRONMENT. AND EQUALLY IMPORTANT, IT ENSHRINES NETWORK NEUTRALITY AS A KEY PRINCIPLE, A MAJOR GAIN WHICH WE WERE ABLE TO MATERIALIZE AS A CONSENSUS IN THE PROCESS.
>IT ENSHRINES NETWORK NEUTRALITY BY ESTABLISHING THE TELECOMMUNICATIONS COMPANY SHOULD TREAT ANY DATA PACKAGES ON IN A --- FASHION WITH ACCOUNT TO AGENT, DESTINATION, SERVICE, TERMINAL OR APPLICATION. THE LAW OR FRAMEWORK AS HAS TRULY ENSHRINED NETWORK NEUTRALITY. FURTHERMORE, COMPANIES MAY NOT BLOCK, MONITOR, FILTER OR ANALYZE THE CONTENT OF DATA PACKAGES.
>THE CIVIL FRAMEWORK PROTECTS CITIZENS' PRIVACY IN THE ONLY IN THE RELATION WITH THE GOVERNMENTS BUT ALSO WITH RELATION WITH THE INTERNET COMPANIES. COMMUNICATIONS ARE, BY DEFINITION, NON-VIABLE EXCEPT BY A SPECIFIC COURT ORDER TO THAT EFFECT. THE RECENTLY PASSED LAW FURTHER CONTAINS CLEAR RULES GOVERNING WITHDRAWAL OF CONTENT FROM THE INTERNET. ALWAYS, OF COURSE, WITH A VIEW TO ENSURING THAT THE APPLICABLE COURT ORDERS BE AVAILABLE.
>THE CIVIL NETWORK IS AN EXAMPLE OF THE FACT THAT THE INTERNET DEVELOPMENT CANNOT DO IT WITHOUT A DISCUSSION PROCESS AND THE INVOLVEMENT OF NATIONAL STATES. AS SUCH, IT STANDS AS AN INNOVATIVE BENCHMARK MILESTONES BECAUSE IN ITS DEVELOPMENT PROCESS, WE HEARD THE VOICES OF THE STREETS, THE NETWORKS AND OF DIFFERENT INSTITUTIONS.
>FOR ALL OF THE ABOVE, IT IS OUR FIRM CONVICTION THAT ON A NETWORK, EACH NODE MATTERS. THE LARGE NODES SUCH AS THE MEGA PORTALS TO WHICH A SUBSTANTIAL AMOUNT OF WORLD TRAFFIC CONVERGES AND SMALL NODES ARE EQUALLY IMPORTANT.
>AT THIS TIME, I WOULD LIKE TO BRING TO THE FORE A KEY FUNDAMENTAL ISSUE AND TALK ABOUT THE FACT THAT THIS COUNTRY HAS TAKEN A MAJOR STEP FORWARD AS PART OF THE ONGOING PROCESS WHEREBY WE NOT ONLY INCLUDE BUT ALSO GUARANTEE A STEADY STREAM OF INCOME TO A SUBSTANTIAL SHARE OF THE POPULATION.
>INCOME AND ACCESS ARE EQUALLY IMPORTANT. WE BELIEVE THAT IT IS EQUALLY IMPORTANT TO ENSURE WE HAVE PLACE IN SOCIETY WHERE CITIZENS HAVE THEIR OWN VIEWS AND THEY ARE ABLE TO VOICE THEIR VIEWS FREELY. HENCE, THE INVALUABLE DEGREE OF IMPORTANCE WE ATTACH TO THE INTERNET IN OUR SOCIETY.
>WE ALSO HAVE YET ANOTHER MAJOR ASSET. I'M TALKING ABOUT BRAZIL'S ETHNIC CULTURAL, POLITICAL AND RELIGIOUS DIVERSITY. IT IS OURS TO NOT ONLY RESPECT BUT ALSO PROMOTE AND FOSTER OUR CULTURAL DIVERSITY. WE DO NOT WISH TO IMPOSE BELIEFS, CUSTOMS, VALUES OR POLITICAL VIEWS ON ANYONE.
>MAY I PARTICULARLY HIGHLIGHT THE THOUSANDS OF USERS THAT MULTIPLY ON A DAY-TO-DAY BASIS NOT ONLY HERE BUT IN ALL THE DEVELOPING COUNTRIES IN THE OUTSKIRTS OF LARGE URBAN AREAS AND ALSO IN TRADITIONAL COMMUNITIES OUT THERE. ALL OF THESE NEW USERS ENRICH THE NETWORK WITH NEW ALTERNATIVE IDEAS AND ACCOUNTS OF THE WORLD, NEW WORLD VISIONS. THESE PEOPLE MAKE THE INTERNET A STRONGER AND MORE UNIVERSAL PLATFORM.
>AND IT IS ON THEIR BEHALF AND BECAUSE OF THEM, THAT I WOULD LIKE TO AGAIN VOICE MY THANKS TO ALL OF YOU FOR ATTENDING THIS MEETING IN SAO PAULO. FOR US, THE INTERNET IS A MODERN-DAY PRO EMANCIPATION, PRO TRANSFORMATION TOOL THAT CHANGES SOCIETY. SWEEPING CHANGES ARE INTRODUCED THROUGH THE INTERNET. YOU ARE ALL MOST WELCOME. AND I HOPE YOU WILL ALL COME BACK FOR THE WORLD CUP OF ALL CUPS. IF NOT, MAKE SURE YOU WATCH IT THROUGH THE INTERNET. THANK YOU VERY MUCH AGAIN.
>[APPLAUSE ]
>>> LADIES AND GENTLEMEN, WE THANK YOU FOR THE PRESENCE OF YOU ALL. WE CLOSE NOW THIS CEREMONY.
>
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For more details visit https://cis-india.org/internet-governance/blog/netmundial-transcript-archive

The Web of Our Strife

pranesh — 2012-06-04T05:45:34Z

At the 66th session of the UN General Assembly, India proposed the formation of a Committee on Internet-Related Policies (CIRP) to address what it sees as a policy vacuum in internet governance.

Pranesh Prakash's article was published in the Times of India on June 2, 2012.

This CIRP will, in the view of India's government, address the US domination of internet policymaking, and make it more democratic and 'multistakeholder'. As an example of this domination, our government cites the oversight role that the US government exercises over ICANN, the non-profit corporation that controls the net's domain name system, as well as the control it exerts over DNS root servers (with all changes needing to go through the US Department of Commerce).

But many civil society organisations, technology companies, and even a few Indian politicians (notably Rajeev Chandrashekar and P Rajeeve), oppose the CIRP as being a proposal for the UN takeover of internet governance. The role of nation-states in governing the internet has been minimal so far. Many attribute the success of the internet to this lack of interference from governments. They ask why we need to fix something that is not broken? In effect, why regulate something that clearly works without such regulation?

It is clear that this status quo will not suffice for many governments. Various countries - like the US, with its Stop Online Piracy and Cyber Intelligence Sharing and Protection acts, and India, with our Information Technology Act and recent Intermediary Guidelines Rules - look to actively regulate the net. ICANN, supposedly a purely technical organisation, has got embroiled in policy issues too. This was seen in the. xxx top-level domain name debacle, where governments tried to intervene, but ultimately failed. Many such purely domestic regulations, like SOPA, have international implications. Even India's Intermediary Guidelines Rules, for instance, require compliance from internet companies across the world. The US government has seized domain names of Spanish file-sharing websites that are hosted in Spain, even though they have been held to be legal there.

So while international forums exist for internetrelated policy discussions, including the Internet Governance Forum (IGF), they are limited by a lack of actual power to even so much as recommend policy positions. Hence there are forums for discussions, but none for resolving problems. The proposed CIRP seeks to be such a body, "with a view to ensuring coordination and coherence in crosscutting internet-related global issues".

Besides, apart from domestic legislation starting to encroach upon the international nature of the internet, there's another issue: that of countries like Russia and China pushing for a less 'multistakeholder' approach to internet governance. So the status quo is unsatisfactory, the alternatives are worrisome, and attempts at 'enhanced cooperation' within existing frameworks (for instance, through India's proposal for IGF reforms) have failed to find enough backers. Given this, a CIRP-like mechanism might well be the preferred option. Importantly, a singular body within the UN system for internet policy could help ensure that other UN agencies which are even less 'multistakeholder' don't overstep their mandates and start making regulations all by themselves.

However, the current CIRP proposal lacks many safeguards that would allay the fears expressed by those who oppose it as 'government control of the internet'. First, while the Indian government has, in its proposal, laid out the CIRP's mandate, it has not laid out the limits of its powers in carrying out that mandate. Second, the CIRP is currently a government body that is merely 'advised' by various stakeholders, with nothing to indicate that this advice will be heeded. This is unsatisfactory, given the internet policy transgressions that are committed by various national governments, as seen, say, in Iran or China. Arguments that the UN system is nation-state-centric do not suffice, since processes that aren't nation-state-centric, such as the Internet Governance Forum, are also being spearheaded by the UN.

If such criticism is addressed, then the CIRP should indeed be welcomed. But we should also be realistic. Governments are effectively being asked to cede certain aspects of sovereignty by being told that the internet is a phenomenon that traditional approaches to policymaking just cannot address. They will not do so easily.

Further, the reality of international realpolitik must be acknowledged - about governments actually following the CIRP. The US, for instance, regularly ignores rulings by the ICJ and the WTO with impunity.

More importantly, and as some cyberlibertarians like Milton Mueller and Adam Thierer remind us, 'multistakeholderism' is only a process (involving multiple stakeholders), and does not provide substantive principles for internet governance (when may websites be blocked, for instance;or who should control the domain name system). Such sobering realpolitik, Mueller believes, is reason enough to be sceptical of the CIRP proposal as it currently stands. He may well be right.

But given the current trend of states individually wielding excessive powers over various aspects of how their citizens access and use the internet, a CIRP-like body may well be what is needed to safeguard democratic principles and innovation on the internet.

For more details visit https://cis-india.org/internet-governance/the-web-of-our-strife

India's Statement Proposing UN Committee for Internet-Related Policy

pranesh — 2011-10-31T15:28:04Z

This is the statement made by India at the 66th session of the United Nations General Assembly, in which its proposal for the UN Committee for Internet-Related Policy was presented.

66th Session of the UN General Assembly

New York. October 26, 2011.

Agenda Item 16: Information and Communications

Technologies for Development (ICT): Global Internet Governance

Statement by India

Mr. Chairman,

We thank the Secretary-General for his report on enhanced cooperation on public policy issues pertaining to the Internet, contained in document A/66/77, which provides a useful introduction to the discussions under this agenda item.

As a multi-ethnic, multi-cultural and democratic society with an open economy and an abiding culture of pluralism, India emphasizes the importance that we attach to the strengthening of the Internet as a vehicle for openness, democracy, freedom of expression, human rights, diversity, inclusiveness, creativity, free and unhindered access to information and knowledge, global connectivity, innovation and socio-economic growth.

We believe that the governance of such an unprecedented global medium that embodies the values of democracy, pluralism, inclusion, openness and transparency should also be similarly inclusive, democratic, participatory, multilateral and transparent in nature.

Indeed, this was already recognized and mandated by the Tunis Agenda in 2005, as reflected in paragraphs 34, 35, 56, 58, 59, 60, 61 and 69 of the Agenda. Regrettably, in the six long years that have gone by, no substantial initiative has been taken by the global community to give effect to this mandate.

Meanwhile, the internet has grown exponentially in its reach and scope, throwing up several new and rapidly emerging challenges in the area of global internet governance that continue to remain inadequately addressed. It is becoming increasingly evident that the Internet as a rapidly-evolving and inherently global medium, needs quick-footed and timely global solutions and policies, not divergent and fragmented national policies.

The range and criticality of these pressing global digital issues that continue to remain unaddressed, are growing rapidly with each passing day. It is, therefore, urgent and imperative that a multilateral, democratic participative and transparent global policy-making mechanism be urgently instituted, as mandated by the Tunis Agenda under the process of ‘Enhanced Co-operation’, to enable coherent and integrated global policy-making on all aspects of global Internet governance.

Operationalizing the Tunis mandate in this regard should not be viewed as an attempt by governments to “take over” or “regulate and circumscribe” the internet. Indeed, any such misguided attempt would be antithetical not only to the internet, but also to human welfare. As a democratic and open society that has historically welcomed outside influences and believes in openness to all views and ideas and is wedded to free dialogue, pluralism and diversity, India attaches great importance to the preservation of the Internet as an unrestricted, open and free global medium that flourishes through private innovation and individual creativity and serves as a vehicle for open communication, access to culture, knowledge, democratization and development.

India recognizes the role played by various actors and stakeholders in the development and continued enrichment of the internet, and is firmly committed to multi-stakeholderism in internet governance, both at the national and global level. India believes that global internet governance can only be functional, effective and credible if all relevant stake-holders contribute to, and are consulted in, the process.

Bearing in mind the need for a transparent, democratic, and multilateral mechanism that enables all stakeholders to participate in their respective roles, to address the many cross-cutting international public policy issues that require attention and are not adequately addressed by current mechanisms and the need for enhanced cooperation to enable governments, on an equal footing, to carry out their roles and responsibilities in international public policy issues pertaining to the Internet, India proposes the establishment of a new institutional mechanism in the United Nations for global internet-related policies, to be called the United Nations Committee for Internet-Related Policies (CIRP). The intent behind proposing a multilateral and multi-stakeholder mechanism is not to “control the internet’’ or allow Governments to have the last word in regulating the internet, but to make sure that the Internet is governed not unilaterally, but in an open, democratic, inclusive and participatory manner, with the participation of all stakeholders, so as to evolve universally acceptable, and globally harmonized policies in important areas and pave the way for a credible, constantly evolving, stable and well-functioning Internet that plays its due role in improving the quality of peoples’ lives everywhere.

The CIRP shall be mandated to undertake the following tasks:

Develop and establish international public policies with a view to ensuring coordination and coherence in cross-cutting Internet-related global issues;
Coordinate and oversee the bodies responsible for technical and operational functioning of the Internet, including global standards setting;
Facilitate negotiation of treaties, conventions and agreements on Internet-related public policies;
Address developmental issues related to the internet;
Promote the promotion and protection of all human rights, namely, civil, political, social, economic and cultural rights, including the Right to Development;
Undertake arbitration and dispute resolution, where necessary; and,
Crisis management in relation to the Internet.

The main features of CIRP are provided in the annex to this statement. In brief, the CIRP will comprise 50 Member States chosen on the basis of equitable geographical representation, and will meet annually for two working weeks in Geneva. It will ensure the participation of all relevant stakeholders by establishing four Advisory Groups, one each for civil society, the private sector, inter-governmental and international organizations, and the technical and academic community. The Advisory Groups will provide their inputs and recommendations to the CIRP. The meetings of CIRP and the advisory groups will be serviced by the UNCTAD Secretariat that also services the meetings of the Commission on Science and Technology for Development. The Internet Governance Forum will provide inputs to CIRP in the spirit of complementarity between the two. CIRP will report directly to the General Assembly and present recommendations for consideration, adoption and dissemination among all relevant inter-governmental bodies and international organizations. CIRP will be supported by the regular budget of the United Nations; a separate Fund would be set up by drawing from the domain registration fees collected by various bodies, in order to mainly finance the Research Wing to be established by CIRP to support its activities.

Those familiar with the discourse on global internet governance since the beginning of the WSIS process at the turn of the millennium, will recognize that neither the mandated tasks of the CIRP, nor its proposed modalities, are new. The Working Group on Internet Governance (WGIG) set up by the UN Secretary- General had explicitly recognized the institutional gaps in global internet governance and had proposed four institutional models in its report to the UN General Assembly in 2005. The contours of the CIRP, as proposed above, reflect the common elements in the four WGIG institutional models. While the excellent report of the WGIG was much discussed and deliberated in 2005, unfortunately, no concrete follow-up action was taken to give effect to its recommendations on the institutional front. We hope that this anomaly will be redressed at least six years later, with the timely establishment of the CIRP.

In order to operationalize this proposal, India calls for the establishment of an open-ended working group under the Commission on Science and Technology for Development for drawing up the detailed terms of reference for CIRP, with a view to actualizing it within the next 18 months. We are open to the views and suggestions of all Member States, and stand ready to work with other delegations to carry forward this proposal, and thus seek to fill the serious gap in the implementation of the Tunis Agenda, by providing substance and content to the concept of Enhanced Co-operation enshrined in the Tunis Agenda.

Thank you, Mr. Chairman.

***

Annex

The United Nations Committee for Internet-Related Policies (CIRP)

The United Nations Committee for Internet-Related Policies (CIRP) will have the following features:

Membership: The CIRP will consist of 50 Member States of the United Nations, chosen/elected on the basis of equitable geographical representation. It will provide for equitable representation of all UN Member States, in accordance with established UN principles and practices. It will have a Bureau consisting of one Chair, three Vice-Chairs and a Rapporteur.

Meetings: The CIRP will meet annually for two working weeks in Geneva, preferably in May/June, and convene additional meetings, as and when required. The UNCTAD Secretariat will provide substantive and logistical support to the CIRP by servicing these meetings.

Multi-stakeholder participation: Recognizing the need to involve all stakeholders in Global Internet Governance in their respective roles, the CIRP shall ensure the participation of all stakeholders recognized in the Tunis Agenda. Four Advisory Groups – one each for Civil Society, the Private Sector, Inter-Governmental and International Organisations, and the Technical and Academic Community - will be established, to assist and advise the CIRP. These Groups would be self-organized, as per agreed principles, to ensure transparency, representativity and inclusiveness. The Advisory Groups will meet annually in Geneva and in conjunction with any additional meetings of the CIRP. Their meetings will be held back-to- back with the meetings of the CIRP, so that they are able to provide their inputs and recommendations in a timely manner, to the CIRP.

Reporting: The CIRP will report directly to the UN General Assembly annually, on its meetings and present recommendations in the areas of policy and implementation for consideration, adoption and dissemination to all relevant inter-governmental bodies and international organizations. .

Research Wing: The Internet is a rapidly-evolving and dynamic medium that throws up urgent and rapidly-evolving challenges that need timely solutions. In order to deal effectively and prudently with these emerging issues in a timely manner, it would be vital to have a well-resourced Research Wing attached to the CIRP to provide ready and comprehensive background material, analysis and inputs to the CIRP, as required.

Links with the IGF: Recognizing the value of the Internet Governance Forum as an open, unique forum for multi-stakeholder policy dialogue on Internet issues, the deliberations in the IGF along with any inputs, background information and analysis it may provide, will be taken as inputs for consideration of the CIRP. An improved and strengthened IGF that can serve as a purposeful body for policy consultations and provide meaningful policy inputs to the CIRP, will ensure a stronger and more effective complementarity between the CIRP and the IGF.

Budget: Like other UN bodies, the CIRP should be supported by the regular budget of the United Nations. In addition, keeping in view its unique multi-stakeholder format for inclusive participation, and the need for a well-resourced Research Wing and regular meetings, a separate Fund should also be set up drawing from the domain registration fees collected by various bodies involved in the technical functioning of the Internet, especially in terms of names and addresses.

***

Excerpts from the Tunis Agenda

Paragraph 34 of the Tunis Agenda defines Internet Governance as “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet”.

Paragraph 35 reaffirms the respective roles of stakeholders as follows: “(a) Policy authority for Internet-related public policy issues is the sovereign right of States. They have rights and responsibilities for international Internet-related public policy issues”. (b) The private sector has had, and should continue to have, an important role in the development of the Internet, both in the technical an economic fields. (c) Civil society has also played an important role on Internet matters, especially at community level, and should continue to play such a role. (d) Intergovernmental organizations have had, and should continue to have, a facilitating role in the coordination of Internet-related public policy issues. (e) International organizations have also had and should continue to have an important role in the development of Internet-related technical standards and relevant policies.”

While delineating the respective roles of stakeholders, Paragraph 56 recognizes the need for an inclusive, multi-stakeholder approach by affirming that “The Internet remains a highly dynamic medium and therefore any framework and mechanisms designed to deal with Internet governance should be inclusive and responsive to the exponential growth and fast evolution of the Internet as a common platform for the development of multiple applications”.

Paragraph 58 recognizes “that Internet governance includes more than Internet naming and addressing. It also includes other significant public policy issues such as, inter alia, critical Internet resources, the security and safety of the Internet, and developmental aspects and issues pertaining to the use of the Internet”.

Paragraph 59 further recognizes that “Internet governance includes social, economic and technical issues including affordability, reliability and quality of service”. Paragraph 60 further recognizes that “there are many cross-cutting international public policy issues that require attention and are not adequately addressed by the current mechanisms”.

Paragraph 61 of the Tunis Agenda therefore concludes that “We are convinced that there is a need to initiate, and reinforce, as appropriate, a transparent, democratic, and multilateral process, with the participation of governments, private sector, civil society and international organisations, in their respective roles. This process could envisage creation of a suitable framework or mechanisms, where justified, thus spurring the ongoing and active evolution of the current arrangements in order to synergize the efforts in this regard”.

Paragraph 69 further recognizes “the need for enhanced cooperation in the future, to enable governments, on an equal footing, to carry out their roles and responsibilities, in international public policy issues pertaining to the Internet, but not in the day-to-day technical and operational matters, that do not impact on international public policy issues”.

***

For more details visit https://cis-india.org/internet-governance/blog/india-statement-un-cirp

CIS Comments on the Draft National Policy on Electronics

pranesh — 2011-11-01T00:05:32Z

These were the comments submitted by CIS to the request for comments put out by the Department of Information Technology on its draft 'National Policy on Electronics'.

The Department of Information Technology must be commended for taking the initiative to create this policy which aims to reduce India’s dependence on other countries for crucial electronic hardware requirements, and to increase Indian production to such a capacity as to not only serve India’s increasing demand for electronics, but to fulfil foreign demand as well.

We have mainly focused our comments on the implications of the patent regime on this laudable goal.

Technology Transfer

An area that the policy is silent on is technology transfer. In relation to technology, the main bargain embedded in the Trade-Related Intellectual Property Rights (TRIPS) Agreement of the WTO was the increase in the level of protection offered under patent laws of developing countries in exchange for increased transfer of technological know-how from the developed countries. While India has increased patent protection in accordance with the TRIPS Agreement, there has been no commensurate transfer of technology from countries which are currently hubs of electronics know-how.

One important example is China’s policy on transfer of technology along the whole value chain to enable domestic firms to gain technological expertise.

The Association of American Manufacturing notes, “One of the most potent weapons China has used to move up the value chain is forced technology transfer … It is only through the acquisition (rather than internal development) of sophisticated technologies that Chinese companies have been able to rapidly enter and expand in sophisticated industries ….”

This insistence on technology transfer as a national policy has served China well, and their experience should be incorporated into India’s National Policy on Electronics. This is not to say that India should not internally develop our own technological capabilities, but that the Indian government must use the policy space available to it to ensure that acquisition of technological capabilities happens alongside.

Outflow of Foreign Exchange as Royalties Creating Adverse Balance of Payments

The latest data from the World Bank shows that our balance of payments is increasing adversely at an alarming rate, and has now reached over USD 2.38 billion.

Our royalty and licence fee payments have kept on increasing at an astounding rate.

Table: India’s royalty and licence fees payments (current USD)

1991	2006	2007	2008	2009	2010
49,565,208	845,949,436	1,159,824,391	1,528,826,913	1,860,283,808	2,437,500,663

Meanwhile India’s income is gaining slowly and erratically, and in 20100 reached USD 59.6 million.

Table: India’s royalty and licence fees, receipts (current USD)

1991	2006	2007	2008	2009	2010
615,525	13,445,053	30,690,000	27,211,957	38,128,141	59,560,687

This bleeds the Indian economy through a very inefficient outflow of capital. Insisting on transfer of technology is an important component in slowing down this trend.

Linking of Value Chain and Preferential Treatment

One important clarification that is needed in the policy (specifically clause IV.1.3) is that “domestically manufactured electronic products” is intended to mean not those products for which the last part of value has been added in India. This way essentially non-Indian products with Indian branding can be seen to be “domestically manufactured electronic products”. The longer the Indian part of the value chain, the more preference it should be given, and holding by Indian companies of essential patent rights (or the availability of greater number of components of the product under royalty-free, FRAND and RAND licences) could be an important criteria. This will also encourage the transfer of technological know-how to Indian firms.

Preferential Treatment

Some may argue that the provision of preferential treatment to domestic manufacturers contravenes the GATT Agreement, however the GATT Agreement itself provides a usable exception in Article 3(8):

Article III: National Treatment on Internal Taxation and Regulation

8 (a) The provisions of this Article shall not apply to laws, regulations or requirements governing the procurement by governmental agencies of products purchased for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods for commercial sale.

(b) The provisions of this Article shall not prevent the payment of subsidies exclusively to domestic producers, including payments to domestic producers derived from the proceeds of internal taxes or charges applied consistently with the provisions of this Article and subsidies effected through governmental purchases of domestic products.

Thus, by crafting any further regulation under this policy to fit within this exception, India would not fall afoul of its obligations under GATT.

Cybersecurity and Source Code

An important aspect of the cybersecurity that is discussed in clause IV.5 is the ability to validate the lack of malicious code in the electronics used in strategically important infrastructure. For this, manufacturers must be required to provide the source code as part of government tenders in strategically important infrastructure.

Distinction between Innovation and Intellectual Property

The Electronic Development Fund must seek to promote innovation, research and development, and commercialization of products, and must be used to strategically acquire patents. Promotion of patents is not an end in itself, unlike promotion of innovation and ensuring that research and development reaches markets through commercialization. Patents are only a means to an end, and may sometimes be strategically useful, and often stand in way of gaining optimal use of technology by markets due to their monopolistic nature. Thus, it is recommended that “promotion of IP” be dropped from this clause, and instead “promotion of strategic acquirement and use of patents” be substituted in its place.

National Electronics Mission

The National Electronics Mission should not only have industry participation but also participation from academia and civil society.

Funding

The issue of funding for the initiatives outlined in this policy must be addressed as well.

For more details visit https://cis-india.org/internet-governance/comments-draft-national-policy-on-electronics

Tweets from Bali IGF 2013

pranesh — 2013-10-28T09:09:16Z

CIS is logging all tweets with the words "igf2013", "igf13", "igf", "bestbits", and "genderit" during the Intenet Governance Forum going on in the Bali this week, and making it available in downloadable files.

To enable research by those who don't want to mess around with Twitter's APIs, we are making available CSV files available to the general public. These files can be opened up in any spreadsheet software (including web-based ones), or even in a text editor.

These files will be updated with the latest version at the end of each evening in Bali.

If you have any ideas as to other keywords we should capture, or about visualizations that we should engage in, do get in touch with pranesh AT cis-india DOT org.

For more details visit https://cis-india.org/internet-governance/blog/tweets-from-igf2013

Tweets with "IGF"

pranesh — 2013-10-28T06:55:37Z

For more details visit https://cis-india.org/internet-governance/resources/20131021T090102_igf

Tweets with "IGF13"

pranesh — 2013-10-28T06:29:42Z

Tweets with "IGF13".

For more details visit https://cis-india.org/internet-governance/resources/20131021T090102_igf13

Tweets with "BestBits"

pranesh — 2013-10-28T08:46:54Z

Tweets with "BestBits".

For more details visit https://cis-india.org/internet-governance/resources/20131021T092108_bestbits

Misuse of Surveillance Powers in India (Case 1)

pranesh — 2013-12-06T09:37:24Z

In this series of blog posts, Pranesh Prakash looks at a brief history of misuse of surveillance powers in India. He notes that the government's surveillance powers have been freqently misused, very often without any kind of judicial or political redressal. This, he argues, should lead us as concerned citizens to demand a scaling down of the government's surveillance powers and pass laws to put it place more robust oversight mechanisms.

Case 1: Unlawful Phone-tapping in Himachal Pradesh

In December 2012, the government changed in Himachal Pradesh. The Bharatiya Janata Party (BJP) went out of power, and the Indian National Congress (INC) came into power. One of the first things that Chief Minister Virbhadra Singh did, within hours of taking his oath as Chief Minister on December 25, 2012, was to get a Special Investigation Team (SIT) to investigate phone tapping during the BJP government’s tenure.

On December 25th and 26th, 12 hard disk drives were seized from the offices of the Crime Investigation Department (CID) and the Vigilance Department (which is supposed to be an oversight mechanism over the rest of the police). These hard disks showed that 1371¹ phone numbers were targetted and hundreds of thousands of phone conversations were recorded. These included conversations of prominent leaders “mainly of” the INC but also from the BJP, including three former cabinet ministers and close relatives of multiple chief ministers, a journalist, and many senior police officials, including the Director General of Police.

Violations of the Law

While the law required the state’s Home Secretary to grant permission for each person that was being tapped, the Home Secretary had legitimately only granted permission in 34² cases. This leaves over a thousand cases where phones were tapped illegally, in direct violation of the law. The oversight mechanism provided in the law, namely the Review Committee under Rule 419A of the Indian Telegraph Rules, was utterly powerless to check this. Indeed, the internal checks for the police, namely the Vigilance Department, also seems to have failed spectacularly.

Every private telecom company cooperated in this unlawful surveillance, even though the people who were conducting it did so without proper legal authority. Clearly we need to revise our interception rules to ensure that these telecom companies do not cooperate unless they are served with an order digitally signed by the Home Secretary.

While all interception recordings are required to be destroyed within 6 months as per Rule 419A of the Indian Telegraph Rules, that rule was also evidently ignored and conversations going back to 2009 were being stored.

Concluding Concerns

What should concern us is not merely that such a large number of politicians/police officers were tapped, but that no criminal charges were brought about on the basis of these phone taps, indicating that much of it was being used for political purposes.

What should concern us is that the requirement under Section 5 of the Indian Telegraph Act, which covers phone taps, of the existence of a “public emergency” or endangerment of “public safety”, which is a prerequisite of phone taps as per the law and as emphasised by the Supreme Court in 1996 in the PUCL judgment, were blatantly ignored.

What should concern us is that it took a change in government to actually uncover this sordid tale.

1385 according to a Hindustan Times report [1]: http://indiatoday.intoday.in/story/himachal-pradesh-police-registers-first-fir-in-phone-tapping-scandal/1/285698.html↩
A Zee News report states 34 while it’s 171 according to a Mail Today report ↩

For more details visit https://cis-india.org/internet-governance/blog/misuse-surveillance-powers-india-case1

World Day Against Software Patents

pranesh — 2013-01-16T07:15:16Z

A global coalition of more than 80 software companies, associations and developers has declared the 24th of September to be the "World Day Against Software Patents". The Hindu, a national daily dedicated one page of its Bangalore edition to software patents and software freedom. Deepa Kurup contributed written two articles titled "Will patenting take the byte out of IT here?" and "How would it be if you read only one type of book?" which reflects some of the concerns of the Free/Libre/Open Source Software community.

Will patenting take the byte out of IT here? [link]

Deepa Kurup

There has been little debate on patent laws and the software industry. Today is World Day Against Software Patents.

IT software, services and outsourcing industry has been rooting for software patenting
Delhi Patent Office receives around 50 applications for software patents every month

BANGALORE: Picture this. Indian mathematicians came up with the concept of the “zero” — often touted as India’s greatest contribution to civilisation — and got a patent for it. By now they would have raked in inestimable amounts in royalty. Seems preposterous? Members of the Free Software community say that patenting every other algorithm would be somewhat in the same league.

While there has been substantial discussion on how patents will affect the pharmaceutical sector, there has been little debate about its implications on the software industry. To the layman, software patenting sounds like an abstract issue applicable to an even more abstract domain. However, with a growing software industry which is trying to spread its indigenous roots, the issue becomes an important one.

Traditionally, software comes under the Copyright Law (just like any literary work) and anyone who writes a program owns it. After Indian Parliament in 2005 scrapped an ordinance which declared “software in combination with hardware” patentable, the controversial and ambiguous clause — “software per se” — has now resurfaced in a recently formulated Patent Manual.

And how will the common man be affected by this proposed change in the patent manual? For example, when Global Patent Holdings patented usage of images on websites, a bunch of small and big companies had to cough up to $50 million each. And where does this cost reflect? “The consumer will find that products will get a lot more expensive. Take a DVD player which has about 2,000 patents (many of them software-related). Every time a local company makes a DVD player, they have to pay royalties and the costs will naturally be reflected on the sale price,” says Sunil Abraham of Centre for Internet and Society, a research and advocacy organisation.
Backdoor entry

The Free Software community feels that patents will make a backdoor entry, courtesy this manual and that ongoing public consultation (by the Patent Office) does not take their voices into account. Mr. Abraham says: “We feel that the powerful software lobbies around are pushing for this clause. If allowed, it will affect the basis of innovation, and will in turn affect the industry.” While the Bangalore consultation was “postponed indefinitely,” the Patent Office in its Delhi meeting said this issue called for an “exclusive meeting with the software industry.”

The powerful IT software, services and outsourcing industry has been rooting for software patenting. Under the guile of the seemingly innocuous clause in the Indian Patent Bill 2005, software companies and the MNC lobby is trying to carve out a slice for the specific “software embedded with hardware” industry saying that it will increase the value of indigenous home-grown software, pump up software exports and thereby rake in greater revenue.

However, the other side of the story is worth telling. Software, per se, is simply a set of instructions to carry out a certain process. Software experts put forth the argument that big corporations — with money, muscle and hired talent — will seek to impose patents along the software value chain, starting from source code to the recent demand for “embedded software.”

Sources in the Delhi Patent Office say that they receive around 50 applications for software patents every month. In the U.S. 25,000 patents are granted every year. In a software-driven world, blurring the lines between software and software “per se” could be risky. “Patenting is an expensive and tedious process. The challenge for every programmer would be to verify each time, to see if any two lines of his code would infringe upon a patent. In the U.S., a single verification can cost as much as $5,000. The fundamental issue is that if I arrive at anything independently, should I not use it only because someone had got it patented before me?” asks a senior official at Red Hat, an open source service provider.

A paper written by members of the Alternative Law Forum (ALF), the case against software patenting is presented as a very basic one. “Software evolves much faster than other industries, even with its own hardware industry. Microprocessors double in speed every two years. So, a patent that lasts up to 17 years (minimum period -15) is alarming. In this field, the idea underlying may remain the same but a product has to be replaced on an average of every two years,” it states. The paper also points out that in software “research costs are little because ideas are as abundant as air.”

Prashant Iyengar of ALF feels that patent laws will effectively curtail innovation, like it has done in the U.S. “Software, unlike other industries in India, is end-driven but is also on a “body shopping” model. Given that, a strong start-up company will be either be shut down or bought over if patent laws come in,” he explains.

How would it be if you read only one type of book? [link]

Deepa Kurup

Little or no attention is paid to what is being taught in schools and colleges

BANGALORE: A computer literacy programme in a public sector organisation teaches the following modules: MS Office, MS Power Point, MS Excelsheet and Internet Explorer. A glance through the “computer syllabus” in most schools, and the list is similar. All items on this checklist have one thing in common: proprietary software. So, if every computer user is being taught exclusively on proprietary platforms, would they ever be comfortable switching to the easier, cheaper and readily available alternatives?

Advocates of Free Software — software which can be used, studied and distributed without restriction — say that this is a ploy by proprietors to turn learners into potential customers. They allege that educational systems and the State are in cahoots with these large corporations which insist that children and learning adults be taught to only follow their system.

In a recent meeting with a State Government official about the use of Free Software on e-governance platforms, the official complained that none of his officials knew how to use it or repair it if things went wrong.

“This takes you to the root of the problem,” says Sunil Abraham of Centre for Internet and Society, Bangalore. “Students are taught to use only proprietary software. The Government is subsidising training in proprietary technology and little or no attention is paid to what is being taught in schools and colleges,” he explains.

The “back-office” tag that our IT industry has learnt to live with is also a product of this malaise, experts point out. “When students learn only proprietary software, they will qualify only as computer operators and never learn about using the nuts and bolts of the profession. This is one of the reasons why there are no innovative products that come out of this country,” says Mr. Abraham.
Simple analogy

A simple analogy would be that of a child taking up reading as a habit. If a child reads a lot of books, they say, they learn to write and express better. Academics feel that in the absence of any familiarity with Free Software, where the source is easily available, engineering students and computer graduates never get to read any code and are thus hardly familiar with the languages.

FOSS supporters have written to the Ministry of Human Resource Development and several universities to point this out. Anivar Aravind, a member of Free Software Users Group, says that the progress so far has been staggered. Recently, CDAC and Anna Univeristy (KB Chandrashekar Research Centre) came up with a Free Software syllabus and offers trained to teachers in engineering colleges.
Cost factor

A study by International Open Source Network (an UNDP initiative) study on FOSS and education states that using open source software could reduce the costs involved in ICT education significantly. In a country like ours, this fact that Open Source Software usually involves low or no cost would be perceived as an important step towards reducing the digital divide. With no licensing fee, they can be made available on CD or downloaded.

For more details visit https://cis-india.org/news/world-day-against-software-patents

Statutory Motion Against Intermediary Guidelines Rules

pranesh — 2012-04-03T09:35:41Z

Rajya Sabha MP, Shri P. Rajeev has moved a motion that the much-criticised Intermediary Guidelines Rules be annulled.

Motion to Annul Intermediary Guidelines Rules

A motion to annul the Intermediary Guidelines Rules was moved on March 23, 2012, by Shri P. Rajeeve, CPI(M) MP in the Rajya Sabha from Thrissur, Kerala.

The motion reads:

"That this House resolves that the Information Technology (Intermediaries Guidelines) Rules, 2011 issued under clause (zg) of sub-section (2) of Section 87 read with sub-section (2) of Section 79 of the Information Technology Act, 2000 published in the Gazette of India dated the 13th April, 2011 vide Notification No. G.S.R 314(E) and laid on the Table of the House on the 12th August, 2011, be annuled; and

That this House recommends to Lok Sabha that Lok Sabha do concur on this Motion."

This isn't the first time that Mr. Rajeeve is raising his voice against the Intermediary Guidelines Rules. Indeed, even when the Rules were just in draft stage, he along with the MPs Kumar Deepak Das, Rajeev Chandrashekar, and Mahendra Mohan drew Parliamentarians' attention to the rules. Yet, the government did not heed the MPs' concern, nor the concern of all the civil society organizations that wrote in to them concerned about human rights implications of the new laws. On September 6, 2011, Lok Sabha MP Jayant Choudhary gave notice (under Rule 377 of the Lok Sabha Rules) that the Intermediary Guidelines Rules as well as the Reasonable Security Practices Rules need to be reviewed. Yet, the government has not even addressed those concerns, and indeed has cracked down even harder on online freedom of speech since then.

Fundamental Problems with Intermediary Guidelines Rules

The fundamental problems with the Rules, which deal with objectionable material online:

Shifting blame.

It makes the 'intermediary', including ISPs like BSNL and Airtel responsible for objectionable content that their users have put up.

No chance to defend.

There is no need to inform users before this content is removed. So, even material put up by a political party can be removed based on anyone's complaint, without telling that party. This was done against a site called *CartoonsAgainstCorruption.com". This goes against Article 19(1)(a).

Lack of transparency

No information is required to be provided that content has been removed. It's a black-box system, with no one, not even the government, knowing that content has been removed following a request. So even the government does not know how many sites have been removed after these Rules have come into effect.

No differentiation between intermediaries.

A one-size-fits-all system is followed where an e-mail provider is equated with an online newspaper, which is equated with a video upload site, which is equated with a search engine. This is like equating the post-office and a book publisher as being equivalent for, say, defamatory speech. This is violative of Article 14 of the Constitution, which requires that unequals be treated unequally by the law.

No proportionality.

A DNS provider (i.e., the person who gives you your web address) is an intermediary who can be asked to 'disable access' to a website on the basis of a single page, even though the rest of the site has nothing objectionable.

Vague and unconstitutional requirements.

Disparaging speech, as long as it isn't defamatory, is not criminalised in India, and can't be because the Constitution does not allow for it. Content about gambling in print is not unlawful, but now all Internet intermediaries are required to remove any content that promotes gambling.

Allows private censorship.

The Rules do not draw a distinction between arbitrary actions of an intermediary and take-downs subsequent to a request.

Presumption of illegality.

The Rules are based on the presumption that all complaints (and resultant mandatory taking down of the content) are correct, and that the incorrectness of the take-downs can be disputed in court (if they ever discover that it has been removed). This is contrary to the presumption of validity of speech used by Indian courts, and is akin to prior restraint on speech. Courts have held that for content such as defamation, prior restraints cannot be put on speech, and that civil and criminal action can only be taken post-speech.

Government censorship, not 'self-regulation'.

The government says these are industry best-practices in existing terms of service agreements. But the Rules require all intermediaries to include the government-prescribed terms in an agreement, no matter what services they provide. It is one thing for a company to choose the terms of its terms of service agreement, and completely another for the government to dictate those terms of service.

Problems Noted Early

We have noted in the past the problems with the Rules, including when the Rules were still in draft form:

Other organizations like the Software Freedom Law Centre also sent in scathing comments on the law, noting that they are unconstitutional.

We are very glad that Shri Rajeeve has moved this motion, and we hope that it gets adopted in the Lok Sabha as well, and that the Rules get defeated.

For more details visit https://cis-india.org/internet-governance/blog/statutory-motion-against-intermediary-guidelines-rules

The Online Video Environment in India - A Survey Report

pranesh — 2011-10-03T09:31:30Z

iCOMMONS, the OPEN VIDEO ALLIANCE, and the CENTRE FOR INTERNET AND SOCIETY have initiated a research project which seeks to survey the online video environment in India and the opportunities this new medium presents for creative expression and civic engagement. This report seeks to define key issues in the Indian context and begins to develop a short-term policy framework to address them.

The basic assumption of this paper is that the online video medium should support creative and technical innovation, competition, and public participation, and that open source technology can help develop these traits. These assumptions are not elaborated upon here. Instead, this report looks at questions of “openness” that are not strictly technological; that are specific to video in India; and that provide points of entry to a simple policy framework.

The paper is organized in the following parts:

The first chapter, THE NATIONAL CHARACTER OF INDIAN VIDEO, provides a brief historical timeline of events from the first screening of the Lumiere Brothers films in India in 1896, through the beginning of the twenty-first century. This chapter traces the traditional channels of dissemination of video content in India, and establishes the close and unique bond that the visual medium has formed with Indian society.
The second chapter, DIGITAL MEDIA AND NETWORK TRANSFORMATIONS, looks at recent media transformations like the rise of the Internet and peer-to-peer networking, the proliferation of telecommunications, and other developments which form the backbone of the emerging online video medium. Peer-to-peer and associative networking provides a new means of content circulation throughout the country.
The third chapter, MAPPING CONTENT ON THE INTERNET, traces the various types of visual content visible over these new networks, exploring case studies of videos circulating on the Internet which have raised new questions of censorship, freedom of speech, and the openness of the medium.
The fourth chapter, THE ‘OPEN VIDEO’ QUESTION, creates a judgment-based framework to assess the openness of the medium. This chapter lays out a series of questions around the broad spectrum of openness, viewed from various perspectives of access, participation, open source technology, and availability, with the intent of mapping the circumstances under which online video operates in India. Moreover, the chapter focuses on the structural limitations to video which can be addressed by policy, or even an absence of policy.

Whereas the report consciously makes an effort to explore not only transitory web videos but also films, the terms ‘video’ and ‘film’, in many parts are treated interchangeably. Although films and videos represent different traditional mediums of recording, the interest of this report in examining the ‘online video’ content in India, consists of both types of material—accessed perhaps with little distinction.

The scope of this paper is extremely broad and touches upon a wide variety of issues in India, where each area has a peculiar specificity of its situation—urban or rural, geographic, and so on. Links and references have been provided in the footnotes for background readings of these issues.

Click here to download the report. [PDF, 1.22 MB]

For more details visit https://cis-india.org/openness/online-video-environment-in-india

India's Broken Internet Laws Need a Shot of Multi-stakeholderism

pranesh — 2012-04-26T13:45:25Z

Cyber-laws in India are severely flawed, with neither lawyers nor technologists being able to understand them, and the Cyber-Law Group in DEIT being incapable of framing fair, just, and informed laws and policies. Pranesh Prakash suggests they learn from the DEIT's Internet Governance Division, and Brazil, and adopt multi-stakeholderism as a core principle of Internet policy-making.

(An edited version of this article was published in the Indian Express as "Practise what you preach" on Thursday, April 26, 2012.)

The laws in India relating to the Internet are greatly flawed, and the only way to fix them would be to fix the way they are made. The Cyber-Laws & E-Security Group in the Department of Electronics and Information Technology (DEIT, who refer to themselves as 'DeitY' on their website!) has proven itself incapable of making fair, balanced, just, and informed laws and policies. The Information Technology (IT) Act is filled with provisions that neither lawyers nor technologists understand (not to mention judges). (The definition of "computer source code" in s.65 of the IT Act is a great example of that.)

The Rules drafted under s.43A of the IT Act (on 'reasonable security practices' to be followed by corporations) were so badly formulated that the government was forced to issue a clarification through a press release, even though the clarification was in reality an amendment and amendments cannot be carried out through press releases. Despite the clarification, it is unclear to IT lawyers whether the Rules are mandatory or not, since s.43A (i.e., the parent provision) seems to suggest that it is sufficient if the parties enter into an agreement specifying reasonable security practices and procedures. Similarly, the "Intermediary Guidelines" Rules (better referred to as the Internet Censorship Rules) drafted under s.79 of the Act have been called "arbitrary and unconstitutional" by many, including MP P. Rajeev, who has introduced a motion in the Rajya Sabha to repeal the Rules ("Caught in a net", Indian Express, April 24, 2012). These Rules give the power of censorship to every citizen and allow them to remove any kind of material off the Internet within 36 hours without anybody finding out. Last year, we at the Centre for Internet and Society used this law to get thousands of innocuous links removed from four major search engines without any public notice. In none of the cases (including one where an online news website removed more material than the perfectly legal material we had complained about) were the content-owners notified about our complaint, much less given a chance to defend themselves.

Laws framed by the Cyber-Law Group are so poorly drafted that they are misused more often than used. There are too many criminal provisions in the IT Act, and their penalties are greatly more than that of comparable crimes in the IPC. Section 66A of the IT Act, which criminalizes "causing annoyance or inconvenience" electronically, has a penalty of 3 years (greater than that for causing death by negligence), and does not require a warrant for arrest. This section has been used in the Mamata Banerjee cartoon case, for arresting M. Karthik, a Hyderabad-based student who made atheistic statements on Facebook, and against former Karnataka Lokayukta Santosh Hegde. Section 66A, I believe, imperils freedom of speech more than is allowable under Art. 19(2) of the Constitution, and is hence unconstitutional.

While s.5 of the Telegraph Act only allows interception of telephone conversations on the occurrence of a public emergency, or in the interest of the public safety, the IT Act does not have any such threshold conditions, and greatly broadens the State's interception abilities. Section 69 allows the government to force a person to decrypt information, and might clash with Art.20(3) of the Constitution, which provides a right against self-incrimination. One can't find any publicly-available governmental which suggests that the constitutionality of provisions such as s.66A or s.69 was examined.

Omissions by the Cyber-Law Group are also numerous. The Indian Computer Emergency Response Team (CERT-In) has been granted very broad functions under the IT Act, but without any clarity on the extent of its powers. Some have been concerned, for instance, that the broad power granted to CERT-In to "give directions" relating to "emergency measures for handling cyber security incidents" includes the powers of an "Internet kill switch" of the kind that Egypt exercised in January 2011. Yet, they have failed to frame Rules for the functioning of CERT-In. The licences that the Department of Telecom enters into with Internet Service Providers requires them to restrict usage of encryption by individuals, groups or organisations to a key length of only 40 bits in symmetric key algorithms (i.e., weak encryption). The RBI mandates a minimum of 128-bit SSL encryption for all bank transactions. Rules framed by the DEIT under s.84A of the IT Act were to resolve this conflict, but those Rules haven't yet been framed.

All of this paints a very sorry picture. Section 88 of the IT Act requires the government, "soon after the commencement of the Act", to form a "Cyber Regulations Advisory Committee" consisting of "the interests principally affected or having special knowledge of the subject-matter" to advise the government on the framing of Rules, or for any other purpose connected with the IT Act. This body still has not been formed, despite the lag of more than two and a half years since the IT Act came into force. Justice Markandey Katju’s recent letter to Ambika Soni about social media and defamation should ideally have been addressed to this body.

The only way out of this quagmire is to practise at home that which we preach abroad on matters of Internet governance: multi-stakeholderism. Multi-stakeholderism refers to the need to recognize that when it comes to Internet governance there are multiple stakeholders: government, industry, academia, and civil society, and not just the governments of the world. This idea has gained prominence since it was placed at the core of the "Declaration of Principles" from the first World Summit on Information Society in Geneva in 2003, and has also been at the heart of India's pronouncements at forums like the Internet Governance Forum. Brazil has an "Internet Steering Committee" which is an excellent model that practices multi-stakeholderism as a means of framing and working national Internet-related policies. DEIT's Internet Governance Division, which formulates India's international stance on Internet governance, has long recognized that governance of the Internet must be done in an open and collaborative manner. It is time the DEIT's Cyber-Law and E-Security Group, which formulates our national stance on Internet governance, realizes the same.

For more details visit https://cis-india.org/internet-governance/blog/india-broken-internet-law-multistakeholderism

Surveillance and the Indian Constitution - Part 3: The Public/Private Distinction and the Supreme Court’s Wrong Turn

pranesh — 2014-03-06T23:02:45Z

After its decision in Gobind, the Supreme Court's privacy floodgates opened; a series of claims involving private parties came before its docket, and the resulting jurisprudence ended up creating confusion between state-individual surveillance, and individual-individual surveillance.

Gautam Bhatia's blog post was originally published on Indian Constitutional Law and Philosophy Blog

We have seen that Gobind essentially crystallized a constitutional right to privacy as an aspect of personal liberty, to be infringed only by a narrowly-tailored law that served a compelling state interest. After the landmark decision in Gobind, Malak Singh v State of P&H was the next targeted-surveillance history-sheeter case to come before the Supreme Court. In that case, Rule 23 of the Punjab Police Rules was at issue. Its vires was not disputed, so the question was a direct matter of constitutionality. An order of surveillance was challenged by two individuals, on the ground that there were no reasonable bases for suspecting them of being repeat criminals, and that their inclusion in the surveillance register was politically motivated. After holding that entry into a surveillance sheet was a purely administrative measure, and thus required no prior hearing (audi alteram partem), the Court then embarked upon a lengthy disquisition about the scope and limitations of surveillance, which deserves to be reproduced in full:

“But all this does not mean that the police have a licence to enter the names of whoever they like (dislike?) in the surveillance register; nor can the surveillance be such as to squeeze the fundamental freedoms guaranteed to all citizens or to obstruct the free exercise and enjoyment of those freedoms; nor can the surveillance so intrude as to offend the dignity of the individual. Surveillance of persons who do not fall within the categories mentioned in Rule 23.4 or for reasons unconnected with the prevention of crime, or excessive surveillance falling beyond the limits prescribed by the rules, will entitle a citizen to the Court’s protection which the court will not hesitate to give. The very rules which prescribe the conditions for making entries in the surveillance register and the mode of surveillance appear to recognise the caution and care with which the police officers are required to proceed. The note following R. 23.4 is instructive. It enjoins a duty upon the police officer to construe the rule strictly and confine the entries in the surveillance register to the class of persons mentioned in the rule. Similarly R.23.7 demands that there should be no illegal interference in the guise of surveillance. Surveillance, therefore, has to be unobstrusive and within bounds. Ordinarily the names of persons with previous criminal record alone are entered in the surveillance register. They must be proclaimed offenders, previous convicts, or persons who have already been placed on security for good behaviour. In addition, names of persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not may be entered. It is only in the case of this category of persons that there may be occasion for abuse of the power of the police officer to make entries in the surveillance register. But, here, the entry can only be made by the order of the Superintendent of Police who is prohibited from delegating his authority under Rule 23.5. Further it is necessary that the Superintendent of Police must entertain a reasonable belief that persons whose names are to be entered in Part II are habitual offenders or receivers of stolen property. While it may not be necessary to supply the grounds of belief to the persons whose names are entered in the surveillance register it may become necessary in some cases to satisfy the Court when an entry is challenged that there are grounds to entertain such reasonable belief. In fact in the present case we sent for the relevant records and we have satisfied ourselves that there were sufficient grounds for the Superintendent of Police to entertain a reasonable belief. In the result we reject both the appeals subject to our observations regarding the mode of surveillance. There is no order as to costs.”

Three things emerge from this holding: first, the Court follows Gobind in locating the right to privacy within the philosophical concept of individual dignity, found in Article 21’s guarantee of personal liberty. Secondly, it follows Kharak Singh, Malkani and Gobind in insisting that the surveillance be targeted, limited to fulfilling the government’s crime-prevention objectives, and be limited – not even to suspected criminals, but – repeat offenders or serious criminals. And thirdly, it leaves open a role for the Court – that is, judicial review – in examining the grounds of surveillance, if challenged in a particular case.

After Malak Singh, there is another period of quiet. LIC v Manubhai D Shah, in 1993, attributed – wrongly – to Indian Express Newspapers the proposition that Article 19(1)(a)’s free expression right included privacy of communications (Indian Express itself had cited a UN Report without incorporating it into its holding).

Soon afterwards, R. Rajagopal v State of TN involved the question of the publication of a convicted criminal’s autobiography by a publishing house; Auto Shankar, the convict in question, had supposedly withdrawn his consent after agreeing to the book’s publication, but the publishing house was determined to go ahead with it. Technically, this wasn’t an Article 21 case: so much is made clear by the very manner in which the Court frames its issues: the question is whether a citizen of the country can prevent another person from writing his biography, or life story. (Paragraph 8) The Court itself made things clear when it held that the right of privacy has two aspects: the tortious aspect, which provides damages for a breach of individual privacy; and the constitutional aspect, which protects privacy against unlawful governmental intrusion. (Paragraph 9) Having made this distinction, the Court went on to cite a number of American cases that were precisely about the right to privacy against governmental intrusion, and therefore – ideally – irrelevant to the present case (Paras 13 – 16); and then, without quite explaining how it was using these cases – or whether they were relevant at all, it switched to examining the law of defamation (Para 17 onwards). It would be safe to conclude, therefore, in light of the clear distinctions that it made, the Court was concerned in R. Rajagopal about an action between private parties, and therefore, privacy in the context of tort law. It’s confusing observations, however, were to have rather unfortunate effects, as we shall see.

We now come to a series of curious cases involving privacy and medical law. In Mr X v Hospital Z, the question arose whether a Hospital that – in the context of a planned marriage – had disclosed the appellant’s HIV+ status, leading to his social ostracism – was in breach of his right to privacy. The Court cited Rajagopal, but unfortunately failed to understand it, and turned the question into one of the constitutional right to privacy, and not the private right. Why the Court turned an issue between two private parties – adequately covered by the tort of breach of confidentiality – into an Article 21 issue is anybody’s guess. Surely Article 21 – the right to life and personal liberty – is not horizontally applicable, because if it was, we might as well scrap the entire Indian Penal Code, which deals with exactly these kinds of issues – individuals violating each others’ rights to life and personal liberty. Nonetheless, the Court cited Kharak Singh, Gobind and Article 8 of the European Convention of Human Rights, further muddying the waters, because Article 8 – in contrast to American law – embodies a proportionality test for determining whether there has been an impermissible infringement of privacy. The Court then came up with the following observation:

“Where there is a clash of two Fundamental Rights, as in the instant case, namely, the appellant’s right to privacy as part of right to life and Ms. Akali’s right to lead a healthy life which is her Fundamental Right under Article 21, the RIGHT which would advance the public morality or public interest, would alone be enforced through the process of Court, for the reason that moral considerations cannot be kept at bay.”

With respect, this is utterly bizarre. If there is a clash of two rights, then that clash must be resolved by referring to the Constitution, and not to the Court’s opinion of what an amorphous, elastic, malleable, many-sizes-fit “public morality” says. The mischief caused by this decision, however, was replicated in Sharda v Dharmpal, decided by the Court in 2003. In that case, the question was whether the Court could require a party who had been accused of unsoundness of mind (as a ground for divorce under the wonderfully progressive Hindu Marriage Act) to undergo a medical examination – and draw an adverse inference if she refused. Again, whether this was a case in which Article 21 ought to be invoked is doubtful; at least, it is arguable, since it was the Court making the order. Predictably, the Court cited from Mr X v Hospital Z extensively. It cited Gobind (compelling State interest) and the ECHR (proportionality). It cited a series of cases involving custody of children, where various Courts had used a “balancing test” to determine whether the best interests of the child overrode the privacy interest exemplified by the client-patient privilege. It applied this balancing test to the case at hand by balancing the “right” of the petitioner to obtain a divorce for the spouse’s unsoundness of mind under the HMA, vis-à-vis the Respondent’s right to privacy.

In light of the above analysis, it is submitted that although the outcome in Mr X v Hospital Z and Sharda v Dharmpal might well be correct, the Supreme Court has misread what R. Rajagopal actually held, and its reasoning is deeply flawed. Neither of these cases are Article 21 cases: they are private tort cases between private parties, and ought to be analysed under private law, as Rajagopal itself was careful to point out. In private law, also, the balancing test makes perfect sense: there are a series of interests at stake, as the Court rightly understood, such as certain rights arising out of marriage, all of a private nature. In any event, whatever one might make of these judgments, one thing is clear: they are both logically and legally irrelevant to the Kharak Singh line of cases that we have been discussing, which are to do with the Article 21 right to privacy against the State.

For more details visit https://cis-india.org/internet-governance/blog/surveillance-and-the-indian-consitution-part-3

India's Internet Jam

pranesh — 2014-03-20T12:41:58Z

As authorities continue to clamp down on digital freedom, politicians and corporations are getting a taste for censorship too. Pranesh Prakash reports.

The article was published in Index on Censorship in August 2012. This is an unedited version of the article.

In a matter of three days, in August 2012, India’s central government ordered internet service providers to block around 309 pieces of online content – mostly individual web pages, YouTube videos and Facebook groups. The blocking orders came days after people originally from north-eastern India living in Bangalore began fleeing the city in fear of attack. Rumours that some Muslims in the city were planning violence in retaliation for recent clashes between the indigenous Bodo tribe and Muslim settlers in Assam spread quickly via text messages and through the media. The Nepali migrant community in Bangalore also received text messages from their families, warning them that they might be mistaken for north-eastern Indians and also be targeted. Indian Railway, catering to the huge demand, organised special trains to Assam for the crowds of people.

Freedom of speech is enshrined in the Constitution of India, which came into force in 1952, and specifically in Article 19(1)(a), which guarantees that ‘all citizens shall have the right to freedom of speech and expression’. While in the United States, it wasn’t until the 1920s that the Supreme Court struck down a law or governmental action on freedom of speech grounds, in India, just one year after the constitution was adopted, government actions against both left- and right-wing political speech were struck down for violating Article 19(1)(a). Enraged, the Congress government then amended Article 19, expanding the list of restrictions to the right to free expression. These included speech pertaining to ‘friendly relations with foreign states’, ‘public order’ and ‘incitement to an offence’. In 1963, in response to the 1962 war with China, the ‘sovereignty and integrity of India’ was also added, taking the number of categories of permissible restrictions up to eight. While the constitution categorically stipulates that no further restrictions should be imposed, courts have on occasion added to the list (privacy, for instance) through judicial interpretation without explicitly stating that they are doing so. Comparisons are often drawn between the constitution’s ‘reasonable restrictions’ and the categorical prohibition enshrined in the US Constitution’s First Amendment: ‘Congress shall make no law … abridging the freedom of speech, or of the press’ – a meaningless comparison as there are indeed many categories of speech that are seen as being protected under the US constitution and even speech that is protected may be restrained in a number of ways.

Today, there are a number of laws that regulate freedom of speech in India, from the Indian Penal Code (IPC), the Victorian legislation meant to codify crimes, to the Information Technology Act, which was amended in 2008 and in some cases makes behaviour that is perfectly legal offline into a criminal activity when online.

Sedition and social harmony

The Indian Penal Code criminalises sedition; speech intended to cause enmity between communities; speech intended to ‘outrage religious feelings of any class’; selling, singing or displaying anything obscene; and defamation. It also prohibits ‘causing someone, by words or gestures, to believe they’re the target of divine displeasure’. Each of these provisions has been misused, as there are indeed many catagories of speech that are not seen as being protected under thw US constitution, and even speech that is protected may be restrained in a number of ways.

In recent years, sedition charges have been brought against human rights activists (Binayak Sen and Arundhati Roy), journalists (Seema Azad), cartoonists (Aseem Trivedi) and protesters (thousands of villagers in Koodankulam and neighbouring villages who demonstrated against a nuclear reactor in their area). It is usually the higher judiciary that dismisses such cases, while the lower judiciary seems to be supplicant to the bizarre claims of government, the police and complainants. Similarly, the higher judiciary has had to intervene in cases where books and films have been banned for ‘causing enmity between communities’ or for intentionally hurting the sentiments of a religious group.

Of the last six books banned by the Maharashtra government, all but one (RV Bhasin’s Islam: A Concept of Political World Invasion by Muslims) have been overturned by the Mumbai High Court. In one case, the court criticised the government for using a violent protest (organised by the Sambhaji Brigade, one of many right-wing political groups that frequently stage demonstrations) as reason enough for banning an academic book on the Maratha king Shivaji. In its decision, the judge pointed out that it is the government’s job to provide protection against such violence. Given India’s history of communal violence there is indeed a need for the law to address incitement to violence – but these laws should be employed at the actual time of incitement, not after the violence has already taken place. But, as recent events have shown, the government is willing to censor ‘harmful’ books and films and less likely to take action against individuals who incite violence during demonstrations.

Online speech and the law

There are regular calls for the government to introduce legislation that deals specifically with online behaviour, despite the fact that the vast majority of the laws regarding sedition and social harmony apply online as well as offline. One example is the recent move to introduce amendments to the Indecent Representation of Women Act (1986) so that it applies to ‘audiovisual media and material in electronic form’.

But the government’s attempts to control online speech began long before the introduction of any internet-specific legislation. Indeed, when state-monopoly internet service provider VSNL censored content, it did so under the terms of a contract it had entered with its customers, not under any law. In 1998, a mailing list called Middle East Socialist Network was blocked on national security grounds. In 1999, Pakistani newspaper Dawn’s website was blocked during the Kargil conflict. In both of the latter cases, the government relied on the Indian Telegraph Act (1885) to justify its actions, though that act contains no explicit provisions for such censorship.

In 2000, the Information Technology (IT) Act was passed and the Indian Computer Emergency Response Team (CERT-In) was created, which (unlawfully) assumed the role of official online censor. Importantly, while the IT Act did
make the publication of obscene content online illegal (though it already was under the IPC), it did not grant permission for authorities to block websites. Despite this, an executive order passed on 27 February 2003 granted CERT-In the power to block. Had this been challenged in a court, it may well have been deemed unconstitutional since, in the absence of a statutory law, an executive order cannot reverse the freedom granted under Article 19. And although the telecommunications sector in India was being liberalised around this time, as part of their licence agreements, all internet service providers (ISPs) have to agree to block links upon being requested to do so by the government. In 2008, when the IT Act was amended, it clearly stated that the government can block websites not only when it deems it necessary to do so but also when it is deemed expedient in relation to matters of public interest, national security and with regard to maintaining friendly relations with foreign states. The power to block does not, however, extend to obscenity or defamation offences. At the same time, further categories of speech crimes were introduced, along with other new offences, including the electronic delivery of ‘offensive messages through communication services’ or anything ‘for the purpose of causing annoyance or inconvenience’. This has often been abused, including by the chief minister of West Bengal, who issued proceedings against a professor for forwarding an email containing a cartoon that mocked him. Under this draconian and unconstitutional provision, the police do not need an arrest warrant and the punishment can be as much as three years’ imprisonment, longer than even the punishment for causing death by negligence. The amendment also granted the government extensive powers to monitor and intercept online speech and data traffic, greatly extending the powers provided under colonial laws such as the Indian Telegraph Act (1885). As legislation has been introduced, the penalties for online offences have increased significantly. For example, the penalty for the first-time publication of an obscene ebook is up to five years in prison and a 1,000,000 rupee (US$18,800) fine, compared with two years’ imprisonment and a 2,000 rupee (US$38) fine as stipulated in the IPC for publishing that same material in print version. New laws introduced in 2009 pertain specifically to blocking (section 69a), interception, decryption and monitoring (69 and 69b) and are in accordance with the constitution. However, the amendments were brought in without any attempt at transparency or accountability.

Power in the hands of intermediaries

In April 2011, despite critical submissions received during its public consultation, the government announced new ‘intermediary guidelines’ and ‘cyber cafe rules’, both of which have adverse effects on freedom of expression. The rules, which were issued by the Department of Information and Technology (DIT), grant not only the government but citizens significant powers to censor the internet. They require all intermediaries – companies that handle content, including web hosts, telecom companies, domain name providers and other such intermediaries – to remove ‘disparaging’ content that could ‘harm minors in any way’. They prohibit everything from jokes (if the person sharing the joke does not own copyright to it) to anything that is disparaging. In a recent case, in December 2011, thousands of people used the hashtag #=IdiotKapilSibal on Twitter to criticise the minister of communications and information technology, Kapil Sibal, who had requested that officials from Google, Microsoft, Yahoo! and Facebook in India pre-screen online content. These guidelines and rules are badly drafted and unconstitutional, as they go beyond the limits allowed under Article 19 in the constitution. And do so in a manner that lacks any semblance of due process and
fairness. They are inconsistent with offline laws, too: for example, because the guidelines also refer to gambling, the government of Sikkim can publish advertisements for its PlayWin lottery in newspapers but not online. It’s far easier to persuade officials to remove online material than it is to persuade them to remove books from a bookstore or artwork from a gallery. Police are only empowered to seize books if the government or a court has been persuaded that it violates a law and issues such an order. This fact is always recorded, in government or legal records, police files or in the press. By contrast, web content can be removed on the basis of one email complaint; intermediaries are required to ‘disable’ the relevant content within 36 hours of the complaint. A court order is not required, nor is there a requirement to notify the owner of the content that a complaint has been received or that material has been removed. The effect is that of almost invisible censorship.

This assertion – that it only takes one complaint – may seem far-fetched. But a researcher from the Centre for Internet and Society sent complaints to several intermediaries on a number of occasions, resulting in content being removed in a majority of cases. If intermediaries choose not to take action, they risk losing their immunity against punishment for content. In essence, the law is the equivalent of punishing a post office for the letters that people send via the postal service.

The amendments were brought in without any attempt at transparency or accountability

In 1984, Indira Gandhi was forced to sue Salman Rushdie for defamation in a London court in order to ensure one sentence was expurgated from his novel Midnight’s Children. Today Gandhi wouldn’t need to win a lawsuit against publishers. She would merely have to send a complaint to websites selling the book and it would have to be removed from sale. It is easier to block Akbari.in – the online newspaper run by Vinay Rai, who filed a criminal complaint against multiple internet companies in December 2011 for all manner of materials – than it is to prevent its print publication. There is no penalty for frivolous complaints, such as those sent by researchers from the Centre for Internet and Society, nor is there any requirement for records to be kept of who has removed what. Such great powers of censorship without any penalties for abuse of these powers are a sure-fire way of moving towards greater intolerance, with the internet – that republic of opinions and expressions – being a casualty.

Censorship outside the law

Since 2011, governments and private companies alike have increasingly engaged in internet censorship. In April 2011, in response to a right to information request, the DIT released a list of 11 websites that had been officially blocked under the IT Act since 2009, when the amended act came into force. But, according to a recent Google Transparency Report, government requests for the removal of material far exceeds that number. The report reveals that the government (including state governments) requested that Google remove 358 items from January 2011 to June 2011. Of this number, only eight were considered to be hate speech and only one item was related to concerns over national security. The remaining material, 255 items (71 per cent of all requests), was taken down because of ‘government criticism’. Criticism of the government is protected under the country’s constitution but, nonetheless, Google complied with take-down requests 51 per cent of the time. It’s clear, then, that governmental censorship is far more widespread than officially acknowledged.

In July 2011, Reliance Entertainment obtained a ‘John Doe’ order to protect its intellectual property rights with regard to its film Singham, which was scheduled for release that month. The order prohibited both online and offline infringement of copyright for the film and was sent to a number of ISPs, which then blocked access to file-sharing websites, even though there was no proof of the film having been available on any of them. According to Reliance Entertainment, they merely asked ISPs ‘not to make the film available’ on their networks, even though the order did not authorise it. But a right to information request pertaining to a similar case dealing with the distribution of the film Dhammu showed that the entertainment company’s lawyers had in fact asked for dozens of websites – not just deep-link URLs to infringing content – to be blocked, despite publicly claiming otherwise. If web users encountered any information at all about why access to the sites was blocked, it was that the Department of Telecom had ordered the blocking, which was plainly untrue. In February 2012, following a complaint from the Indian Music Industry (a consortium of 142 music companies), the Calcutta High Court ordered 387 ISPs to block 107 websites for music piracy. At least a few of those, including Paktimes.com and Filmicafe.com, were general interest entertainment sites. The most famous of these sites, Songs.pk, re-emerged shortly after the block as Songspk.pk, highlighting the pointlessness of the block. And outside the realm of copyright, in December 2011, the domain name CartoonsAgainstCorruption.com was suspended based on an unlawful complaint from the Mumbai police requesting its suspension, despite there being no powers for them to do so under any law.

Between August and November 2011, the DIT also went to great efforts to compel big internet companies including Indiatimes, Facebook, Google, Yahoo!, and Microsoft, to ‘self-regulate’. This revealed the department’s desire to gain ever greater powers to control ‘objectionable’ content online, effectively bypassing the IT Act. It’s obvious, too, that by encouraging internet companies to ‘self-regulate’ the government will avoid embarrassing statistics such as those revealed by Google’s Transparency Report.

New dangers

A way forward, at least for internet-specific laws, could be to rekindle the Cyber Regulations Advisory Committee – a multi-stakeholder committee required by the IT Act – and to practise at home what we preach abroad on matters of internet governance: the value of a multi-stakeholder system, which includes industry, academia and civil society and not just governments. The idea of a multi-stakeholder framework has gained prominence since it was placed at the core of the ‘Declaration of Principles’ at the first World Summit on Information Society in Geneva in 2003. It has also been at the heart of India’s pronouncements at the Internet Governance Forum and the India-Brazil-South Africa Dialogue Forum. The Internet Governance Division, which formulates the country’s international stance on internet governance, has long recognised that these decisions must be taken in an open and collaborative manner. It is time the DIT’s Cyber-Law and ESecurity Group, which formulates the country’s national stance on the internet, realises the same.

Freedom of speech means nothing in a democratic society if it does not allow everyone to speak. Despite the internet being a very elite space, the number of people who have used it to express themselves since its introduction in India in 1994 is vast, especially when compared to the number of people in India who have expressed themselves in print since 1947 when the country won its independence. Online speech is indeed a big shift from edited and usually civil discussions in the world of print media. Perhaps this gives us some indication of why there is some support among the mass media for government regulations on speech. Too many discussions of online speech laws in India descend into arguments about the lack of civility online. However, the press – and all of us – would do well to remember that civility and decency in speech, while desirable in many contexts, cannot be the subject of legislation. But in India, the greatest threat to freedom of expression is not a government clampdown on dissent but threats from political and corporate powers with a range of tools at their disposal, including fostering a climate of selfcensorship. The government has passed bad laws that have given way to private censorship. And many of these laws are simply a result of gross ineptitude.

We cannot take sufficient comfort in the fact that, in India, censorship is limited and nowhere on the scale that it is in China or Iran. It is crucial that, from a legal, cultural and technological standpoint we do not open the door for further censorship. And currently, we are failing.

Pranesh Prakash is Policy Director at the Centre for Internet and Society in Bangalore. Part of this article appeared in a blog by the author on the centre’s website, cis-india.org, in January 2012

For more details visit https://cis-india.org/internet-governance/blog/index-on-censorship-august-2012-pranesh-prakash-indias-internet-jam