Cyberpolitics

Ref: The Internet and Global Governance: Principles and Norms for a New Regime, by Milton Mueller, John Mathiason, and Hans Klein

1. Definition of Internet governance:

Internet governance is 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 – UN WGIG (United Nation, Working group on Internet Governance)

vs.

Internet governance is collective decision making by owners, operators, developers, and users of the networks connected by Internet protocols to establish policies, rules, and dispute resolution procedures about technical standards, resource allocations, and/or the conduct of people engaged in global internet working activities. – The Internet and Global Governance: Principles and Norms for a New Regime, by Milton Mueller, John Mathiason, and Hans Klein

The rationality behind the definitions: What are the differences? Why?

2. UN Governmental approach to the Internet governance

2.1. UN process

Private sector and civil society
- the Internet Corporation for Assigned Names and Numbers (ICANN) 1998
- the Internet Society 1992
- the Internet Engineering Task Force (IETF)

UN bodies:
- the International Telecommunication Union (ITU)
- the World Intellectual Property Organization (WIPO)
- the World Summit on the Information Society (WSIS) – a working group on internet governance (WGIG) – the creation of a multistakeholder Internet Governance Forum (IGF)

Before 1998
domain and IP distribution is arranged by a computer scientist Jon Postel in University of Southern California and a company called Network Solutions (VeriSign).

Failed attempt: the the International Telecommunication Union (ITU) had worked with the Internet Society and the World Intellectual Property Organization (WIPO) in an attempt to create their own privatized domain name administration regime: the Generic Top Level Domain Name Memorandum of Understanding” (gTLD-MoU)

1998
ICANN, a non-profitable public service company (private sector) – Governmental Advisory Committee (GAC) – global (rather than territorial) regulation of the domain name system (DNS)

2003
the World Summit on the Information Society (WSIS) – Geneva Dec 2003 and Tunisia Nov 2005 – a Working Group on Internet Governance (WGIG).

July 2005
the Controversial WGIG report

A. Working definition of Internet governance (ref to top quotation)

B. Identifying public policy issues that are relevant to Internet governance and assessing the adequacy of existing governance arrangements
- Administration of the root zone files and system – U.S
- Interconnection costs – uneven distribution
- Internet stability, security and cybercrime
- Spam
- Meaningful participation in global policy development – governance mechanism
- Capacity-building
- allocation of domain names
- IP addressing
- Intellectual property rights (IPR)
- Freedom of expression
- Data protection and privacy rights
- Consumer rights
- Multilingualism

C. Developing a common understanding of the respective roles and responsibilities of all stakeholders from both developed and developing countries
- Government – Private sector – civil society

D. Recommendations related to Internet governance mechanisms
- the creation of a multi-stakeholder Internet Governance Forum (IGF)
- Global public policy and oversight – 4 models
a. replace the ICANN Governmental Advisory Committee (GAC) by a Global Internet Council (GIC), consisting of members from Governments with appropriate representation from each region and with involvement of other stakeholders.
b. enhance the role of ICANN’s Governmental Advisory Committee (GAC), IGF as recommendation body.
c. set up an International Internet Council (IIC) to lead ICANN.
d. the setting up of – The Global Internet Policy Council (GIPC); – World Internet Corporation for Assigned Names and Numbers (WICANN) replacing ICANN; – The Global Internet Governance Forum (GIGF).

2.2. Critique to the UN proposal and Normative approach to the Internet governance

Definition of the internet (neutrality):

The Internet is the global data communication capability realized by the interconnection of public and private telecommunication networks using Internet Protocol (IP), Transmission Control Protocol (TCP), and the other protocols required to implement IP internetworking on a global scale, such as DNS and packet routing protocols.

Norms and facts

Internet Standards Create a Global Commons
The Internet Is Largely Composed of Private Networks
The Internet Incorporates an End-to-End Design: neutral
The Internet Requires Exclusive and Coordinated Resource Assignment (distinctive DNS)
The Internet Is Non-territorial

Governmental or Regime approach VS. Normative approach
Lawrence Lessig’s regulation model: Law (Hierarchy), Market (Competition), Norms (Culture), Architecture (Technology)

3 Hong Kong Internet governance

3.1 Policy history

1998 (minimal-intervention approach):
E-Privacy: A Policy Approach to Building Trust and Confidence in E-business (2001)
Code of Practice: Practice Statement on Regulation of Obscene and Indecent Material – self-governance of the Hong Kong Internet Service Providers Association (HKISPA) 2002
E-transaction ordinance (2004)
Computer crime based on existing criminal ordinance
Anti-spam campaign and ordinance (Dec 2007)

3.2 Recent debates on internet governance: censorship

Digital Copyrights:
- Criminalization of downloading
- Privacy and I.P information
- Format shifting, Filtering
- Statutory damages (issue of harm)

Application of Obscene Articles Ordinance – Indecent hyperlink – Flickr censorship – Flickr censorship protest (youtube)

Other criminal law into virtual space
- Association Ordinance – freedom of expression

Questions:
- internet (global) norms or social norms;
- border and jurisdiction;
- virtual expressive space or real;
- issue of harm, intension and victim;
- stake-holders involvement

Future Move:
- Communications Authority: the merger of the Telecom Authority (TA) and Broadcasting Authority (BA)

4. Hong Kong Government and development of internet

Digital 21 consultation 2006

4.1 E-government, e-governance and e-democracy
Definition: (Comparing e-government and e-governance)

E-government is the applications of information technology (IT) to public sector operations – which involve G2G, G2C, G2B relations.

E-governance: public sector use of IT to deliver to all citizens improved services, reliable information and greater knowledge in order to facilitate access to the governing process and encourage deeper citizen participation. i.e. – change of power relation operation.

E-government                                           E-governance
- electronic service delivery                    – electronic consultation
- electronic workflow                                – electronic controllership
- electronic voting                                     – electronic engagement
- electronic productivity                          – networked societal guidance

e-government governance framework – an U.S example

4.2 Hong Kong E-government

Infastructure

- Equipped external telecommunications capacity: 1,152 Gbps (March 2006)
- Mobile phone penetration rate: 125% in 2006 (104% in 2003)
- Household PC penetration: 70% in 2005 (68% in 2003)
- Broadband household Internet penetration 66% in 2006 (50% in 2003)
- PC penetration in business: 60% in 2005 (55% in 2003)
- Internet penetration in business: 55% in 2005 (48% in 2003)
- Over 50% of businesses adopted some form of e-business in 2005

4.3. Digital 21 Consultation: Government’s role in digital development

- facilitating a digital economy – outsourcing – R&D – facilitating convergence – CEPA
- promoting advanced technology and innovation – cyberport – university R&D (Science park) e.g digital media center, 3G, DRM, etc.
- Hong Kong as a Hub for technological cooperation and trade – Mainland integration – education – business environment, IPR – communication authority
- Public service upgrade – e procurement (work flow and communication), health record, transport
- building an inclusive, knowledge-based society – digital divide fund and DRM

4.4. Hong Kong E-government Strategy VS. The Commonwealth Center for E-governance

Hong Kong

- New strategy for e-government services delivery
- Customer Relationship Management (CRM)
- Channel Management Strategy (e.g email)
- E procurement
- Measuring the benefits of e-government initiatives
Examples: ESDlife 2001, GovHK and Youth.gov.hk

Ref: Governance in the information age: building e-government in Hong Kong by Ian Holliday and Rebecca Kwok, CTU – skeptical about change in governance.

VS.

Commonwealth model

Changing nature of government in electronic age e-democracy

- e-voting, e-participating, e-consulation

As with all public sector programs good governance is the lynchpin for success. Accountability, transparency, ethical financial practices, citizen-centric programs and workable programs are important if e-Democracy is to work. In the case of e-Consultations it is important to have trust in the citizen, allow a wide range of comments and also ensure anonymity when needed. This is often required because the citizen might be disclosing personal information, might feel more secure imparting views in an anonymous setting, might need anonymity for professional reasons and might be more frank in stating views and opinions.

4.5. Bottom-Up challenge to governance – e.g. citizen media (PLA Berth), obscene article ordinance