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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.





`









12


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