Strasbourg, 11 April 2011

MC-S-CI (2011)011
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AD HOC ADVISORY GROUP ON CROSS-BORDER INTERNET

(MC-S-CI)

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3rd meeting
21 and 22 February 2011
Room G.04
Strasbourg
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Report of the Meeting

Executive Summary

    The MC-S-CI decided to submit to the Steering Committee on the Media and New Communication Services (CDMC) a draft Committee of Ministers declaration on Internet governance principles and a draft Committee of Ministers recommendation to member states on the protection and promotion of Internet’s integrity, universality and openness. The Group also prepared draft versions of these proposals for discussion with stakeholders at the Conference on “Internet Freedom – From principles to global treaty law?” which will take place in Strasbourg, 18-19 April 2011. While the official membership of the Group (5 persons) is 100% male, the gender distribution of the 13 participants in the meeting was 4 women (31 %) and 9 men (69%).

Item 1: Opening of the meeting and adoption of the agenda

1. The agenda was adopted as set out in Appendix 1. The Group had invited external experts from different Internet communities to participate in the meeting. The list of participants appears in Appendix 2.

2. Mr Jörg Polakiewicz, Head of the Human Rights Development Department, informed the Group about the reform processes that are taking place in the Council of Europe intergovernmental structures and Secretariat. He underlined that the Secretary General of the Council of Europe has identified human rights in the information society as priority area for the Organisation’s activities in 2012 and 2013.

Item 2: Election of the Chairperson and Vice-Chairperson of the MC-S-CI

3. In accordance with Article 12 of the Committee of Ministers Resolution Res (2005)47 on committees and subordinate bodies, their terms of reference and working methods, the Group re-elected Mr Wolfgang Kleinwächter as Chairperson and Mr Michael Yakushev as Vice-Chairperson.

Item 3: General discussion on recent Internet-related developments of relevance to the work of the Group

4. The Group discussed the role of the Internet for the exercise of fundamental rights and freedoms and democracy in the context of the WikiLeaks case at the end of 2010 as well as the Internet-related developments in Tunisia and Egypt in the beginning of 2011. There was general agreement that these cases have demonstrated the direct link between freedom of expression and access to the Internet as well as the need to have tools in place to preserve the Internet.

5. The Group also considered that there is a higher level of awareness on international Internet-related policy. In this respect, members of the Group referred to statements made in February 2011 by the UK Foreign Secretary Mr William Hague ‘Security and freedom in the cyber age – seeking the rules of the road’ and by the U.S. Secretary of State Mrs Hillary Clinton ‘Internet Rights and Wrongs: Choices & Challenges in a Networked World’. Against this background, it was considered that the mandate given to the Group to examine cross-border Internet issues has been forward-looking.

Item 4: Examination of a draft declaration of the Committee of Ministers on principles of Internet governance

6. The Group examined a set of ten principles on Internet governance which is contained in document MC-S-CI(2011)008. This proposal was prepared on the basis of discussions among Group members during the period between the 13th meeting of the CDMC (November 2010) and the 3rd meeting of the Group (February 2011).

7. In connection with adopting a multi-stakeholder approach in the proposal for Internet governance principles, there was discussion on the form of the instrument that should contain the principles. While it is important to engage in the examination of new types of international policy instruments which are suitable for multi-stakeholder endorsement, in a Council of Europe context the first step should be to ensure governmental support for the principles.

8. The Group discussed in detail the formulation of the principles. It decided to submit to the CDMC a draft declaration on Internet governance principle for approval at its 14th meeting (14-17 June 2011) and subsequent transmission to the Committee of Ministers for adoption. This should be considered as the first step of a multi-stakeholder process. A version of this proposal, which is contained in document MC-S-CI (2011)008Rev2, was prepared for the Conference on Internet Freedom (see item 6 below).

Item 5: Examination of a draft recommendation of the Committee of Ministers on international and multi-stakeholder cooperation on resources that are critical for the functioning of the Internet in a cross-border context

9. The Group examined a first version of the draft recommendation which is contained in document MC-S-CI (2011)009. This proposal was prepared on the basis of discussions among Group members during the period of time between the 13th meeting of the CDMC and the 3rd meeting of the group.

10. There was general agreement that the overall aim of the instrument should be to lay down the roles that states should play to preserve the Internet. An intergovernmental framework of cooperation should, however, be relevant also to other stakeholders and provide spaces for stakeholder participation to its underlying commitment. To this end, it is desirable to continue reflection on new types of instruments.

11. The Internet governance principles as proposed by the Group to be included in the draft declaration should be considered as acquis.

12. The Group discussed in detail the formulation of state behaviours that the draft recommendation should contain as well as the general principles of international cooperation. It decided to submit to the CDMC a draft recommendation on the protection and promotion of Internet’s integrity, universality and openness for approval at its 14th meeting (14-17 June 2011) and subsequent transmission to the Committee of Ministers for adoption. A version of this proposal, which is contained in document MC-S-CI (2011)009Rev2, was prepared for the Conference on Internet Freedom (see item 6 below).

Item 6: Preparations for the Council of Europe conference Internet Freedom – From Principles to Global Treaty Law? – Content, Stakeholders, Form

13. The Secretariat provided information to the Group on preparations for this conference including finalisation of the programme, potential speakers and moderators, outreach to Internet communities and other practical information. The version of the conference draft programme as of dates of the 3rd meeting of the Group is reflected in appendix 3.

14. Members of the group provided suggestions on the composition and format of the panels, speakers and outreach to non-European countries. In respect of a possible revision of the title and order of sessions, there was a general understanding that changes in the programme would be undesirable given its wide distribution to date.

Item 7: Participation in the European Dialogue on Internet Governance (EuroDIG) (Belgrade, 30 and 31 May 2011)

14. The Group discussed participation in EuroDIG in particular in the main session ‘European & national priorities for Internet governance – towards a pan-European agenda 2020’ and workshops on critical Internet resources and on freedom of expression and hate speech. There was agreement that members of the Group will have speaking roles in these sessions in order to maximise visibility of the Group’s work.

Item 8: Dates of the next meeting.

15. The Group decided to fix the dates of the next meeting after the conference. It also expressed a preference to have the meeting in Paris.

Item 9: Other business.

16. No other business was discussed.

Appendix 1

Agenda

1. Opening of the meeting and adoption of the agenda.

2. Election of the Chairperson and Vice-Chairperson of the MC-S-CI.

3. General discussion on recent Internet-related developments of relevance to work of the group.

4. Examination of a draft declaration of the Committee of Ministers on Internet governance
principles.

5. Examination of a draft recommendation of the Committee of Ministers on international and multi-stakeholder cooperation on resources that are critical for the functioning of the
Internet in a cross-border context.

6. Preparations for the Council of Europe conference ‘Internet Freedom – From Principles to
Global Treaty Law? - Content, Stakeholders, Form’ (Strasbourg, 18 and 19 April 2011).

7. Participation in the European Dialogue on Internet Governance (Belgrade, 30 and 31 May
2011).

8. Dates of next meeting.

9. Other business.

Appendix 2

List of Participants

I- MEMBERS

1. Bertand De La Chapelle (FR)
Program Director
International Diplomatic Academy

2. Wolfgang Kleinwächter (DE)
Professor, University of Aarhus
International Association for Media and Communication Research (IAMCR)

3. Christian Singer (AUT)

    Director Department III/PT2 Telecommunications Law, Federal Ministry of Transport, Innovation and
    Technology of Austria

4. Rolf H. Weber (CH)
Professor, Faculty of Law, University of Zurich

5. Michael V. Yakushev (RU)
Chairman of Board, Coordination Center for the ccTLD ‘.ru’

II – PARTICIPANTS

6. Helen Fester
Lawyer/Jurist
Counter Terrorism task Force

7. Albina Ovcearenco (absent)
On behalf of the Secretariat of CODEXTER

8. Michael Kowalski (absent)
Strategic Analyst in Expertise and Analysis Department of the Office of a National Coordinator
For Counterterrorism
On behalf of the CODEXTER

III – OTHER PARTICIPANTS

9. Michael Niebel (absent)
Head of Unit - INFSO.A3 (Internet; Network and Information Security)
European Commission - DG Information Society

IV – OBSERVERS

10. Meryem Marzouki (absent)
European Digital Rights Initiative (EDRI)

V – REPRESENTATIVES OF MEMBER STATES

VI - EXTERNAL EXPERTS

11. Olof Nordling

    Director of Services Relations ICANN (Brussels Office)

12. Katitza Rodriguez
Electronic Frontier Foundation (EFF) USA

13. Amir Husić
Head of Department for Network and Telecommunications
Ministry of Security, Sarajevo BiH

14. Athina Fragkouli
RIPE NCC Community

15. Chris Buckridge
RIPE NCC Community

16. Yuliya Morenets
TAC-Together against Cybercrime

VII - SECRETARIAT

17. Jan Malinowski

    Head of Information Society, Media and Data Protection Division, Directorate General of Human Rights and Legal Affairs of the Council of Europe

18. Elvana Thaçi

    Administrator, Information Society, Media and Data Protection Division, Directorate General of Human Rights and Legal Affairs of the Council of Europe

19. Sophie KWASNY

    Administrator, Information Society, Media and Data Protection Division, Directorate General of Human Rights and Legal Affairs of the Council of Europe

20. Corinne Gavrilovic

    Assistant, Information Society, Media and Data Protection Division, Directorate General of Human Rights and Legal Affairs of the Council of Europe.

    Appendix 3

COUNCIL OF EUROPE CONFERENCE

INTERNET FREEDOM – FROM PRINCIPLES TO GLOBAL TREATY LAW?

CONTENT, STAKEHOLDERS, FORM

18 – 19 (morning) April 2011
Strasbourg

Tentative programme
(as of 14 February)

18 April

9:00 – 9:30 Registration of participants

9:30 – 9:45 Opening by Mr Thorbjørn Jagland, Council of Europe Secretary General, or Ms Maud de Boer-Buquicchio, Deputy Secretary General

9: 45 – 10:15 Keynote speech: Senior United Kingdom (e.g. Foreign Office) representative, TBC

10:15 – 11:15 Internet freedom and universality – is the global free flow of information sustainable?

Moderator: TBC

Description: There is general acceptance of the importance of the free flow of information on the Internet for protecting fundamental rights and freedoms, preserving democracy and promoting growth and development. Interference with the free flow of Internet traffic in the form of filtering, surveillance or other practices is a reality. Cyber attacks are highly damaging and may be capable of breaking down the Internet. Companies that manage or service the Internet are not free from pressure or interference and their actions may have an impact on the public interest. Is the global free flow of information over the Internet sustainable?

Panellists: Committee of Ministers’ chairmanship, Council of Europe Parliamentary Assembly, U.S.A. State Department and Department of Commerce, EU, IGOs, Internet Corporation for Assigned Names and Numbers, other private sector and civil society actors.

11:15 – 11:45 Break

11:45 – 13:00 Panel 1: Multi-stakeholderism, a norm in search of policy

Moderator:

Description: The significance and implications of multi-stakeholderism continue to be the subject of debate. There are multiple interpretations of this concept in the context of international public policy for the Internet. For some, it means consultation, involvement and participation; for others, participation and deliberation in collaborative standard-setting. The multi-stakeholder model is built into the governance processes of many Internet entities and is the accepted method for international dialogue. Are there going to be new forms of international agreements or law that will evolve out of these arrangements?

Panellists: Governments, private sector, civil society, technical community.

13:00 – 15: 00 Lunch Break

15:00 – 15:20 Summary of morning discussions and introduction of topics for afternoon discussions: Wolfgang Kleinwächter, Chairperson of the Council of Europe Ad hoc Advisory Group on Cross-Border Internet.

15:20 -16:30 Panel 2: Internet governance principles

Moderator:

Description: Different proposals have been made for Internet governance principles which have some normative significance. They emphasise mostly the protection of rights and freedoms, Internet-engineering principles, multi-stakeholder participation and innovation. What do they imply for the future of international public policymaking for the Internet? This session will also discuss a draft declaration which is being prepared for possible adoption by the Council of Europe’s Committee of Ministers on Internet governance principles.

Panellists: Governments, private sector, civil society, technical community.

16:30 – 17:30 Panel 3: International and multi-stakeholder cooperation on Internet resilience and stability

Moderator:

Description: Risks of disruption to the stable and continuous functioning of the network, technical failures and interference with Internet infrastructure may challenge the exercise of fundamental rights and freedoms across borders. The private sector takes systematic action to address vulnerabilities and risks. Computer emergency response teams engage in cross-border cooperation. Can we call this mission accomplished? Is there a need to bring such cooperation under international law? This session will discuss how Internet resilience and stability are approached in different countries, what the best practices are and how to fill in the gaps. A draft recommendation which is being prepared for possible adoption by the Council of Europe’s Committee of Ministers on issues of international cooperation in respect of resources that are critical for the functioning of the Internet will also be discussed.

Panellists: Governments, private sector, civil society, technical community.

17:30 - 18:00 Summary of discussions and closing of the first day: Rolf H. Weber, member of the Council of Europe ad hoc Advisory Group on Cross-Border Internet.

19 April

9:00-10:30 Panel 4: International lawmaking in their respective roles and responsibilities

Moderator:

Description: It is generally accepted that a decentralised Internet infrastructure which is free from political or other undue interference contributes to achieving Internet freedom and universality. What are the most viable options for international action to ensure Internet freedom, universality, integrity and openness? Common principles and standards emerging from processes which involve corporations, civil society, lobbies and government officials? International law agreements? What are the roles and responsibilities of stakeholders?

Panellists: Governments, private sector, civil society, technical community.

10:30- 11:00 Break

11:00- 12:00 Panel 5: What architecture for multi-stakeholder participation and policy-making?

Moderator:

Description: Multi-stakeholder participation and policy-making best represent the interests of all concerned. They permit effective knowledge-sharing and consensus-building. Multi-stakeholder standards have been applied with a certain degree of success in the context of global rule-setting for corporate social responsibility. This session will discuss the specificities of multi-stakeholder policies with particular reference to participation, governance and implementation.

Panellists: Governments, private sector, civil society, technical community.

12:00-12:30 Closing of the conference

Conclusions by the Rapporteur, Mr Andris Mellakauls, Chairperson of the Council of Europe Steering Committee on the Media and New Communication Services

Closing remarks by Ms Maud de Boer-Buquicchio, Deputy Secretary General of the Council of Europe or Mr Philippe Boillat, Director General of Human Rights and Legal Affairs of the Council of Europe

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