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					CCBI ANALYSIS OF SUB-COMMITTEE 2:
       ISSUES AND THEMES



  Presented at the Informal Governmental Session
            16 September 2002, Geneva




 This preliminary analysis brings together the various
   ideas submitted by the Coordinating Committee of
 Business Interlocutors (CCBI) members, and does not
    necessarily reflect each member’s full individual
proposals, which they will submit separately throughout
                the preparatory process.




                                                          1
Introduction

The Coordinating Committee of Business Interlocutors (CCBI) greatly
appreciates the opportunity to present the following recommendations
and observations regarding the substantive themes and issues for the
World Summit on the Information Society.

Coordinating Committee of Business Interlocutors (CCBI) was formed on
the invitation of the hosting countries Switzerland (2003) and Tunisia
(2005) along with ITU and the WSIS Executive Secretariat to the
International Chamber of Commerce (ICC) to set up a Coordinating
Committee of Business Interlocutors (CCBI) to spearhead and mobilize
the private sector for the PrepComs and the Summit itself.

The CCBI is comprised of many business organizations and their
members, including the following:
 International Chamber of Commerce (ICC), chair
 Business Council for the United Nations (BCUN)
 Business and Industry Advisory Committee to the OECD (BIAC)
 Global Business Dialogue on Electronic Commerce (GBDe)
 Global Information Infrastructure Commission (GIIC)
 Money Matters Institute (MMI)
 United States Council on International Business (USCIB)
 World Economic Forum (WEF)
 World Information Technology and Services Alliance (WITSA).


We have carefully analyzed the themes put forward by the Chairman of
Subcommittee 2, in his document entitled Proposal from the Chairman
of Sub-Committee 2 - Themes for WSIS. Based on this outline, we have
drawn together our ideas on how to provide a basis for productive
discussion of the issues throughout the preparatory process and ensure
concrete outcomes at the Summit.




                                                                         2
Basic Issue Categories


From our consultations, we have evolved a simplified structure.

   A. Creating an appropriate national policy framework
   B. Promoting and enabling environment

   C. Cross-border issues


CCBI has not had yet developed in-depth substantive input under each of
the categories, and thus the list of sub-issues is presented only to
highlight the types of issues that need to be considered. For further
information about global business‟ perspective on many of these issues,
and recommendations for both governments and business, refer to the
Global Action Plan for electronic business (3rd edition). This is available
on the ICC website:
http://www.iccwbo.org/home/electronic_commerce/word_documents/3rd
%20Edition%20Global%20Action%20Plan.pdf.


Further on in this paper, specific issues are assigned to each of these
categories. These issues are proposed as ingredients for each of the three
categories, on which government commitment, business action and the
contribution of civil society are needed in order to focus on the most
important factors of an information society.




                                                                              3
Observations on the Proposal from the Chairman of
Sub-Committee 2—Themes for the WSIS

Each of the Chairman‟s themes has been placed in one of the following
groups:

- Overarching themes

- Themes that need to be integrated into each issue

- Allocation of themes to one of the three basic categories proposed:

   D. Creating an appropriate national policy framework
   E. Promoting and enabling environment
   F. Cross-border issues


- Overarching themes

CCBI strongly recommends that certain issues are most appropriately
placed in a „preamble‟ and not treated individually but as overarching
considerations. These overarching issues are:

 The role of governments, business and civil society in shaping the
  information society.

 Access to ICTs is also an overarching issue. It is a goal, and by
  evaluating and implementing the substantive issues under the three
  basic categories effectively, access will be achieved.


- Themes that need to be integrated into each issue

 For each of the issues, it is equally valid to identify the barriers to
  achieving objectives, how to overcome these barriers, and to identify
  the stimulants or drivers that have been successful. Thus this point in
  the Chair‟s proposal should be considered for each of the issues.

 CCBI urges that the infrastructure (financing, deployment and
  sustainability) should be analyzed as a component in each of the three
  basic categories (as noted in the following pages).




                                                                            4
- Allocation of themes to one of the three basic categories proposed

Certain issues from the Chairman‟s proposal are allocated to one of the
three categories proposed by CCBI: Appropriate legal and policy
frameworks, enabling environment or cross-border issues.

These allocated themes are:

 Education, human resources development and training.

 Information network security.

 Development of a policy and regulatory framework.

 ICT applications (education, health, culture, poverty eradication,
  government, employment, business.)



Many of the themes incorporate topics that are already being addressed by other
international fora, some of which are listed at the end of this section on cross-border
issues. We reference them for completeness but highlight that it would be counter-
productive to duplicate efforts, given the limited available resources and number and
scope of issues. It may be useful to identify possible complementary work items for
some of these topics but, where appropriate action at the international level is
underway, such work must be coordinated with the organizations already addressing
these topics. None of the proposals in this paper should be construed as a
recommendation or suggestion for action by any particular organization.




                                                                                          5
CCBI Main Categories of Issues


Category A- Creating an Appropriate National Policy
          Framework

These issues are proposed as ingredients for sound national policies
conducive to stimulating the growth of an information society, rather
than as issues for “negotiation” at the Summit.

 The following frameworks are examples of those that need to be
  created at a national level to promote the growth of ICTs and the
  information society:

      o Each country needs a workable domestic policy framework for
        information society services.
      o This framework must be carefully coordinated with those in
        other countries, and with international legal instruments

      o Legal uncertainty is one of the biggest hindrances to the use of
        information society services, and a domestic policy framework
        should aim to promote certainty as well as a reasonable balance
        of interests between providers, users and governments.

      o Certain provisions of national law may contain unnecessary
        barriers to the use of information society services these barriers
        should be eliminated.

      o In enacting domestic legislation, countries should not just
        eliminate barriers, but also take steps to encourage actively the
        growth of information society services.




                                                                             6
 The following are some of the types of issues to be addressed by
  business or governments:

      o Contract law

      o Intellectual property

      o Network infrastructure and connectivity

      o Taxation

      o Competition

      o Jurisdiction and applicable law

      o Data protection and privacy
      o Security

      o Dispute resolution


Many of these issues are already being addressed by international fora
such is as the World Trade Organization (WTO), the World Intellectual
Property Organization (WIPO), the Hague Conference, the Organization
for Economic Cooperation and Development (OECD) and others.




                                                                         7
Category B – Promoting an Enabling Environment

These issues are proposed as ingredients for promoting an enabling
environment conducive to stimulating entrepreneurial growth, rather
than as issues for “negotiation” at the Summit.

Without an appropriate policy framework, a society cannot take
advantage of the potential of ICTs to stimulate economic growth and
development. However, a formal framework alone is not sufficient.
Social, educational, institutional and cultural issues must be taken into
consideration in order to optimize the value of regulation.

The key pivots around which such measures should revolve are between
education and enterpreneurship.

The following action points should be considered to ensure an
environment that enables the use of ICTs, and promotes the information
society:

      o Create a culture of mutual respect, understanding and effective
        communication between the private and public sectors through
        exchange programmes and internships for people of all ages.

      o Develop culturally appropriate structures within the educational
        system that enable a dynamic interchange of knowledge and
        people with the private sector.

      o Encourage partnering between universities and enterprises, and
        in particular the financial sector.

      o Develop educational programmes that foster greater
        understanding among relevant academic and professional
        disciplines, particularly among computer science, economics,
        social sciences and business-related skills.

      o Set up local informational and assistance structures that
        facilitate enterpreneurship, in particular among young people.




                                                                            8
o Foster a culture that not only accepts but encourages
  entrepreneurial risk-taking and acknowledges that failure is part
  of the risk.

o Build the human and institutional capacity and skills that are
  required to operate a modern legal framework.

o Combat all forms of public and private corruption.

o Governments should lead by example in the use of ICTs,
  including by ensuring fair public procurement and through e-
  government programmes in key sectors such as government
  services to citizens, health, transport and learning.

o Work on all fronts to create a “culture of security” in which all
  stakeholders develop the necessary reflexes for all sectors of
  business, government and society to use ICTs without fear of
  privacy invasion, fraud, theft, espionage or terrorism.




                                                                      9
Category C- Cross-border issues

These issues are proposed as key cross-border issues that affect ICTs,
rather than as issues for “negotiation” at the Summit.

Many issues concerning the Information Society are global and require
international understandings, policy, legal and regulatory frameworks,
and in some instances standards.

The following issues require action or agreement at an international level:

      o Trade and investment: An international rules-based
        framework should be adopted through multilateral negotiations
        and consent in order to facilitate movement of goods and
        services, particularly as they pertain to information and
        communication technologies.
      o Customs: Assure that national customs are respected without
        creating an obstacle to the flow of goods.

      o Networks: information flows, interoperability
      o Internet: Access to the Internet should be available to all
        peoples anywhere in the world.

      o International law enforcement and cybercrime

      o Cooperation amongst stakeholders to spread best practices
         and experience
      o Intergovernmental assistance: A framework of assistance
         among governments should be developed in order to assist each
         other to reach higher standards of technological development.




                                                                         10
      o It is important to ensure cooperation on the
        ―legal/policy/hard‖ issues:
          -   Intellectual Property Rights
          -   Taxation
          -   Jurisdiction
          -   Data Protection
          -   Individual privacy rules
          -   Security

It is important to note that many cross-border issues have already been
and are being coordinated by international fora such as the World Trade
Organization (WTO), the Hague Conference and the World Intellectual
Property Organization (WIPO), the Organization for Economic
Cooperation and Development (OECD), and others. These initiatives
should be encouraged, supported and promoted by all. Nothing in this
paper should be construed as a recommendation or suggestion for action
by WSIS or any particular organization.




                                                                          11
               Suggested outcomes of this Summit

CCBI urges that the key issues and sub-issues identified in each of the
categories in this document are the key basic ingredients that have to be
in place to achieve the goal of utilizing ICTs to promote economic
development. This Summit should focus on getting global support and
commitment towards this goal.

The issues identified in CCBI‟s proposal are not suggested as negotiating
points for this Summit, but rather as the basis for understanding by all
that the goal of using ICTs for economic development cannot be
accomplished without commitments by heads of state to address such
issues nationally and internationally.

CCBI recommends that the outcomes of this Summit should include:

 Benchmarks and the right criteria to measure progress, so that it is
  possible to measure what is achieved by countries on each of the
  ingredients that underpin the information society. This includes clear
  tracking mechanisms that can measure achievements on each
  component or ingredient. This will allow tracking between 2003 and
  2005 to assess progress and build on experiences gained.

 Commitments by heads of state to the necessary actions to ensure that
  the critical connection between ICTs and economic growth is realized.

These outcomes, along with a substantive discussion of what it takes to
use information and communications technologies as a powerful tool for
economic growth at the national and international level will be a primary
contributor to the reduction of poverty – one of the Millennium Goals.


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