Asia Pacific Regional Internet Governance Forum 2017 Bangkok Synthesis Document – Draft 0

1 Leave a comment on paragraph 1 4 Background

2 Leave a comment on paragraph 2 2 First published in 2015, the Asia Pacific Regional Internet Governance Forum (APrIGF) Synthesis Document aims to identify items of common interest and relevance to Internet governance within the Asia Pacific region and to reflect the discussions which take place at the APrIGF conference[1] each year.  Building on the APrIGF Synthesis Document from APrIGF 2015 Macao[2], and 2016 Taipei[3], the process for the 2017 Synthesis document now includes two webinars[4] with two public comment periods[5] to collect wider input from the Asia Pacific Internet community across all stakeholder groups to build a more comprehensive and collaborative open document.

3 Leave a comment on paragraph 3 0 Purpose

4 Leave a comment on paragraph 4 1 The Synthesis Document aims to document the contributions and outputs of participants at the APrIGF meeting (as well as the broader APrIGF community through remote participation and dissemination on the mailing list and online platform) and is not intended to be representative of the diverse Asia Pacific region.  Nevertheless, it is anticipated by APrIGF Multistakeholder Steering Group (MSG)[6] and the Drafting Committee[7] that the development of this Synthesis Document can help drive active participation in the Internet Governance Forum (IGF) process and demonstrate the value of the annual APrIGF meeting as a platform for voices, views and thoughts in the Asia Pacific region as contribution to relevant global, national, local and international forums on Internet governance.

5 Leave a comment on paragraph 5 0 Introduction

6 Leave a comment on paragraph 6 1 In December 2015, the United Nations General Assembly (UNGA) reviewed the outcomes of the World Summit on the Information Society (WSIS+10) and as part of the WSIS+10 outcome[8], renewed the IGF mandate for another 10 years.  In its resolution[9], the UNGA called for the ‘close alignment between the [WSIS] process and the 2030 Agenda for Sustainable Development‘ and highlighted the contribution of Information and Communications Technology (ICT) towards achieving the Sustainable Development Goals (SDGs)[10].

7 Leave a comment on paragraph 7 2 In June this year, the IGF Multistakeholder Advisory Group (MAG) held their second open consultation and meeting[11].  The MAG recognized the importance of the intersessional work done in the National and Regional Initiatives (NRIs) and strongly supported continuing the intersessional work on ‘Policy Options for Connecting the Next Billion(s)’ in a Phase III.  These initiatives, along with Dynamic Coalitions (DCs) and the Best Practice Forums (BPFs), will be given space to hold main sessions at the annual global IGF meeting to be held from December 2017 in Geneva, Switzerland.

8 Leave a comment on paragraph 8 2 The Asia Pacific Regional Internet Governance Forum (APrIGF) serves as a platform for discussion, exchange and collaboration at a regional level, and also where possible to aggregate national and local IGF discussions, to ultimately advance the Internet governance development in the Asia Pacific region.

9 Leave a comment on paragraph 9 1 Key Issues in the Asia Pacific region – Ensuring an inclusive and sustainable development in Asia Pacific: A regional agenda for internet governance

10 Leave a comment on paragraph 10 34 I. Access, Empowerment and Diversity
Strategies must be developed around shaping technology, policies, and processes for improving ICT resilience to disasters[12], creating a holistic approach towards eGovernance[13] and push back against Internet shut-downs[14].  Community networks and public access to ICT[15] help improve digital literacy and provide access to marginalized and underserved communities.  Youth-driven initiatives[16] leverage information technology to drive social changes and better empower the next generation of the region. As improved technological opportunities, such as IPv6[17], Internationalized Domain Names (IDNs)[18] and Email Address Internationalization (EAI)[19], facilitate access for the next billion Internet users; it is important that explicit measures are taken to support, conserve and enhance their individual and collective uniqueness, and the language, geographic and cultural diversity that these new users will bring to the Internet.

11 Leave a comment on paragraph 11 17 II. Security – Cybersecurity, Privacy and Safer Internet
Cyber security, the protection of online systems from damage and disruption, is critical not just to the stability of cyberspace, but also increasingly important to the physical world.  Whether it is security, stability and resilience of the Internet infrastructure or security of network and information systems, collaboration is needed to mitigate[20] and prevent cyber security incidents[21] within and beyond the Asia Pacific region, and the setting of global encryption standards is encouraged[22].

12 Leave a comment on paragraph 12 9 Legislation and Policies Governing ICTs
Across the Asia Pacific region, legislation[23] has been developed to govern various aspects of the Internet.  Legislation that traditionally govern offline spaces is also used in tandem with these specialised legislation to address violations.  These provisions must respect internationally recognised human rights and standards for restrictions.  They must also draw from other documents on ICTs including the Council of Europe’s Convention on Cybercrime[24]. Particularly, states should be urged to reconsider the manner in which mutual legal assistance agreements (MLATs)[25] are currently implemented.  The right to privacy, access to justice and rule of law must be upheld when data of individuals are shared by states.

13 Leave a comment on paragraph 13 2 A three-part test of legality, legitimacy and proportionality must be ensured to be passed for all relevant jurisdictions in the investigation or prosecution.  An oversight of the process must be required from all participating countries.  Data about requests should be made available to the public, for the interest of transparency[26] and accountability.

14 Leave a comment on paragraph 14 14 Privacy and data protection
Privacy and data protection are critical issues in this new era.  At times privacy and data protection may come into conflict with freedom of expression, and in this context it should be noted that the protection of children[27] and youth[28] from illegal and harmful online contents is an important issue not only for the Asia Pacific region.  It is vital for all stakeholders to cooperate and collaborate on effective policies and frameworks to uphold the freedom of expression online, free flow of information, and the protection of children and youth online.

15 Leave a comment on paragraph 15 2 While expectation of privacy may vary by cultures, comprehensive protection mechanisms must meet internationally recognised right to privacy.  Considering the nature of cross-border data transfer for online services, differing levels of protection in relevant jurisdictions and general lack of user awareness, the highest level of protection should be guaranteed as a default safeguard.

16 Leave a comment on paragraph 16 8 III. Digital Economy and Enabling Innovations
Digital economy and trade are key enablers for the development of the world economy[29], yet they severely challenge traditional national borders.  Disruptive innovations such as blockchain[30] potentially able to redesign our interactions in business, politics and society.  The digital economy and trade cannot be successful without trust[31], the free flow of information and appropriate domestic and global rules.  On the other hand, there is a growing trend that some governments take protectionist approaches on trade by limiting the free flow of information and/or requiring data localization, and the trend hinders the further growth of the world economy.  Therefore, constructing the further network of free trade agreements[32] which requires member states to maintain the free flow of information and to ensure the prohibition of data localization as well as source code disclosure unless there is a legitimate public policy reason is highly recommended.  In this regard, close collaboration and thorough discussion among not only governments, but also other stakeholders is indispensable.

17 Leave a comment on paragraph 17 3 IV. Human Rights and the Internet
Human rights agreements should apply to the Internet environment in the areas of access and development, freedom of expression[33], right to assembly and privacy as well as on the right to information, education, health, culture, and to a broad range of other rights[34] as set out in the WSIS Geneva Declaration of Principles[35], Tunis Agenda for the Information Society[36], and other agreed international conventions and declarations[37].  The impact of existing and emerging laws, policies, and practices on the security of network and information systems, data protection, surveillance, anonymity, intermediary liability and cyber-crime must protect human rights and meet international standards for guarantees.  These issues have been the subject of intense scrutiny and debate by all stakeholders at the APrIGF meeting.  The application of human rights should also consider issues of gender, disability, age and sexuality[38].  Respect for human rights is fundamental to the achievement of the Sustainable Development Goals (SDGs)[39].

18 Leave a comment on paragraph 18 0 Addressing Intermediary Liability appropriately is a critical step in enhancing the use of the Internet.  To that end, the Manila Principles[40] have been drafted by a multistakeholder group and published and consulted at the RightsCon 2015[41].  More work needs to be done to put the Manila Principles into practice.

19 Leave a comment on paragraph 19 4 Internet blocks
Uninterrupted access to the Internet is essential for the free exercise of rights online.  Network shutdowns and blocking have serious economic consequences and impede the right to information, expression, assembly and association among other rights as well.  Any disruptions to the access to mobile and Internet services must comply with strict standards established in national legislation and must meet the threshold of legality, necessity and proportionality laid down in the International Covenant on Civil and Political Rights[42].

20 Leave a comment on paragraph 20 5 Right to be Forgotten
Right to be forgotten[43] as a principle must be approached with caution.  Significant and competing issues relating to its extraterritorial application, digitised media archives and the integrity of historical records, the rights of individuals and media freedoms must be weighed carefully. Moreover, emerging jurisprudence on this subject competes with public interest as it imposes a burden of proving public interest on people searching for information or intermediaries facilitating that search such as libraries, educational institutions, archives and search engines.

21 Leave a comment on paragraph 21 5 Gender digital divide and ending online gender-based violence
The gender digital divide is a continued and important concern in efforts to address disparity in Internet access in the region. Meaningful and equal access for women includes addressing issues related to connectivity as well as the persistent disparities in literacy and income, barriers in the form of social and cultural norms as well as online gender-based violence.

22 Leave a comment on paragraph 22 0 Taking effective action to counter gender-based violence online is important in ensuring the Internet fulfils its potential as a positive driver for change and development, as well as in helping to construct a safe and secure environment for women and girls in every sphere of life[44].  Gender-based violence can, among other things, limit women’s ability to take advantage of the opportunities that ICTs provide for the full realisation of women’s human rights, act as a barrier to access[45] that can exacerbate the gender digital gap, violate women’s human rights, and reproduce gender stereotypes and discrimination.  It is important that all stakeholder groups participate in addressing the issue of online gender-based violence[47] through a range of strategies from the framework of human rights, including capacity building, more effective complaints and redress mechanisms, inclusive decision-making processes, and/or appropriate legislative and policy-based responses.

26 Leave a comment on paragraph 26 0 [4] Webinar 1: 11 July 2017, Webinar 2: 16 August 2017

27 Leave a comment on paragraph 27 0 [5] First Input/Public Comment Period 6-19 July 2017; Second Public Comment Period, 16-31 August 2017 http://comment.rigf.asia/

28 Leave a comment on paragraph 28 0 [6] APrIGF Multi-stakeholder Steering Group: http://aprigf.asia/msg.html

29 Leave a comment on paragraph 29 0 [7] APrIGF Synthesis Document Drafting Committee: http://aprigf.asia/drafting-committee.html

34 Leave a comment on paragraph 34 1 [12] WS. 38 "Cry for help!" – rapidly reconnecting the disconnected in disasters Rapid Restoration of Access to Telecommunications (RREACT) : http://igf.asia/WS_38

35 Leave a comment on paragraph 35 0 [13] WS. 27 Evolving an Open e-Governance Index for Networked Societies: http://igf.asia/WS_27

36 Leave a comment on paragraph 36 0 [14] WS. 94 Engaging with the #KeepItOn Movement: Fighting Internet Shutdowns: http://igf.asia/WS_94

37 Leave a comment on paragraph 37 0 [15] WS. 74 Community networks and public access to ICT: http://igf.asia/WS_74

38 Leave a comment on paragraph 38 0 [16] WS. 41 Youth-driven Internet Governance related Initiatives: http://igf.asia/WS_41

39 Leave a comment on paragraph 39 0 [17] Merger 3. National policies and Industry strategies on IPv6 in the Asia Pacific region: http://igf.asia/merger3

40 Leave a comment on paragraph 40 1 [18] WS. 35 Developing a Diverse and Inclusive Internet Through Internationalized Domain Names: http://igf.asia/WS_35

41 Leave a comment on paragraph 41 2 [19] WS. 1 Universal Acceptance : An Elixir to Inclusive and Multilingual Internet: http://igf.asia/WS_1

42 Leave a comment on paragraph 42 1 [20] WS. 25 Supporting National Computer Emergency Response Teams for Improving Cyber Security http://apps.2017.rigf.asia/submission/proposaldetail?id=47

44 Leave a comment on paragraph 44 1 [22] WWS. 83 Upgrade Required: Obfuscation and cryptographic  http://apps.2017.rigf.asia/submission/proposaldetail?id=113

45 Leave a comment on paragraph 45 0 [23] WWS. 97 Trends in Cybercrime Law: Common legislative: http://apps.2017.rigf.asia/submission/proposaldetail?id=128

47 Leave a comment on paragraph 47 0 [25] WWS. 98 Examining MLAT Alternatives for Asian Economies: http://apps.2017.rigf.asia/submission/proposaldetail?id=129

48 Leave a comment on paragraph 48 1 [26] WWS. 80 Algorithmic Transparency: Understanding why we are profiled in a certain manner http://apps.2017.rigf.asia/submission/proposaldetail?id=109

49 Leave a comment on paragraph 49 0 [27] WWS. 37 Detecting and removing child sexual abuse material. How is APAC doing? http://apps.2017.rigf.asia/submission/proposaldetail?id=60

50 Leave a comment on paragraph 50 0 [28] WWS. 36 Inclusive and multilateral approach to protect the youth  http://apps.2017.rigf.asia/submission/proposaldetail?id=59

51 Leave a comment on paragraph 51 0 [29] WWS. 57 Connecting the Unconnected in Developing Asia for a Sustainable Digital Economy: http://apps.2017.rigf.asia/submission/proposaldetail?id=83, WS. 67 Towards Sustainable Development in Asia Pacific: Mobile Internet and Access to Knowledge in the Marketplace – http://apps.2017.rigf.asia/submission/proposaldetail?id=94

52 Leave a comment on paragraph 52 0 [30] WWS.81 Blockchain: Do we need killer applications before the realization of decentralized internet governance? – http://apps.2017.rigf.asia/submission/proposaldetail?id=111

53 Leave a comment on paragraph 53 0 [31] WS. 48 Enable Innovation and Trust in Internet Economy: Toward an Interoperable Online Authentication and  Identification Infrastructure – http://apps.2017.rigf.asia/submission/proposaldetail?id=72

54 Leave a comment on paragraph 54 0 [32] Merger 4. Trade Rules for the Digital Economy: Asia’s Agreements at the WTO and RCEP – http://apps.2017.rigf.asia/submission/proposaldetail?id=56

55 Leave a comment on paragraph 55 0 [33] WS. 88 Unshackling Expression: A pathway to decriminalise the internet – http://apps.2017.rigf.asia/submission/proposaldetail?id=118

56 Leave a comment on paragraph 56 0 [34] WS. 93 The whole truth: Bringing Economic, Social and Cultural Rights into perspective – http://apps.2017.rigf.asia/submission/proposaldetail?id=123

57 Leave a comment on paragraph 57 0 [35] WSIS Geneva Declaration of Principles, 12 December 2003: http://www.itu.int/net/wsis/docs/geneva/official/dop.html

58 Leave a comment on paragraph 58 0 [36] WSIS Tunis Agenda for the Information Society, 18 November 2005: https://www.itu.int/net/wsis/docs2/tunis/off/6rev1.html

62 Leave a comment on paragraph 62 0 [40] Manila Principles on Intermediary Liability: https://www.manilaprinciples.org/

65 Leave a comment on paragraph 65 0 [43] Merger 1. Publicness and the Right to be Forgotten: the Debates Begin: http://apps.2017.rigf.asia/submission/proposaldetail?id=132

67 Leave a comment on paragraph 67 0 [45] WS.4 Access to rights online: Digital gap for disenfranchised and marginalized communities – http://apps.2017.rigf.asia/submission/proposaldetail?id=22

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Source: https://comment.rigf.asia/asia-pacific-regional-internet-governance-forum-2017-bangkok-synthesis-document-draft-0/