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.
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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.
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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.
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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).
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- 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 counterproductive 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.
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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.
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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.
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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.
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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 egovernment 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.
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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.
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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.
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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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