WCIT-12%20What%20happened?%20What%20next?

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WCIT-12What happened?What next?

• ISOC Swiss ChapterWCIT DigestBern, 8 March
  2013
• Richard HillIndependent consultant

The views presented here are those of the
author. They do not necessarily represent the
views of the ITU Membershipor of the ITU
Secretariat or of ISOC
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Was WCIT-12 a success or a failure?

• Failure
• Did not achieve desired goal, which was full
  consensus
• Split amongst the membership, resulting in a vote
• Media coverage was partly inaccurate, influenced
  by misinformation campaign
• Success
• Active participation from all parts of the world
• Broad agreement 90 of the treaty is not
  controversial, 10 was agreed by 62 of Member
  States present and accredited to sign
• Key issues were identified and discussed
• It was agreed to continue discussions with a view
  to reaching consensus

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Why the ITRs are important

• The International Telecommunication Regulations
  (ITRs)
• Establish general principles on the provision and
  operation of international telecommunication
  services offered to the public
• Facilitate global interconnection and
  interoperability
• Underpin harmonious development and efficient
  operation of technical facilities
• Promote efficiency, usefulness, and availability
  of international telecommunication services
• Treaty-level provisions are required for
  international networks and services
• The ITRs underpin how we communicate with each
  other by phone or computer, with voice, video or
  data, and across the globe.
• The 1988 ITRs were not limited to telephony, on
  the contrary, they enabled the growth of the
  Internet.

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The goal is universal connectivityBut consider
Average Broadband Speeds (Mbps)
2011 2012 2013 2014 2015 2016
Global 9 12 16 21 27 34
Asia Pacific 8 11 15 21 28 36
Latin America 4 5 7 8 10 12
North America 11 14 18 23 29 37
West Europe 11 14 18 24 32 42
C and E Europe 9 12 15 19 24 29
Mid East Africa 3 4 5 6 7 8
Source CISCO VNI, 2012
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Key WCIT12 overall outcomes

• New ITRs (as old ITRs) not restricted to
  telephony
• New ITRs (as old ITRs) cover authorized
  operating agencies, not just ROAs, but only with
  respect to international services offered to the
  public
• No treaty text explicitly mentioning Internet
• But implicitly included in some provisions, as is
  the case for the old ITRs
• Explicit recognition of existing human rights
  provisions
• New pro-consumer provisions
• New pro-competitive provisions
• New pro-investment provisions
• Recognition of divergent views on Internet
  matters and need to discuss further

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What is in the 2012 ITRs (1/2)

• Preamble (human rights, right to access)
• Article 1 Purpose and scope (not
  content-related, AOA)
• Article 2 Definitions
• Article 3 Right to communicate at good
  technical quality countries to coordinate their
  infrastructure (misuse, CLI, traffic exchange
  points)
• Article 4 International telecom services to be
  made available to the public (roaming
  transparency, quality and competition)
• Article 5 Priority to be given to emergency
  communications (emergency number notification)
• Article 5A Network security
• Article 5B Combating spam

Note these are not the actual titles of the
articles. Items in red are new compared to the
1988 version
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What is in the 2012 ITRs (2/2)

• Article 6 Charging and accounting (commercial
  agreements, encourage investments, competitive
  wholesale pricing)
• Article 7 Suspension of services
• Article 8 Dissemination of information (Member
  States to communicate information to ITU)
• Article 8A Energy efficiency, E-waste
• Article 8B Accessibility
• Article 9 Special arrangements
• Article 10 Entry into force reservations
• Appendix 1 Accounting rate system
• Appendix 2 Maritime telecommunications
• Some provisions of the old Appendix 3 on service
  telecommunications were moved to Article 6

Note these are not the actual titles of the
articles. Items in red are new compared to the
1988 version
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WCIT-12 Resolutions

1. Special measures for landlocked developing
   countries
2. Globally harmonized national emergency number
3. Fostering an enabling environment for the greater
   growth of the Internet (controversial)
4. Periodic review of the ITRs
5. International telecommunication service traffic
   termination and exchange

Note these are not the actual titles of the
Resolutions. All are new. All old Resolutions,
Recommendations, and the Opinion were suppressed.
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Legal status

• All Resolutions entered into force on 15 December
  2012
• New treaty enters into force in January 2015
• Until then the 1988 treaty is valid
• After January 2015
• New treaty binds countries that have agreed to be
  bound (they are parties to the treaty)
• Old treaty binds countries that have not agreed
  to be bound by the 2012 treaty (non-parties)
• Relations between a party to the 2012 treaty and
  a non-party are governed by 1988 treaty
• Unless a 2012 party denounces the 1988 treaty

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Obligations of non-parties

• The provisions of the new treaty do not apply to
  countries that do agree to be bound by it. These
  provisions include
• transparency of mobile roaming prices
• accessibility
• energy efficiency and reduction of e-waste
• cooperation to combat unsolicited bulk electronic
  communications
• Etc.
• Thus, the citizens of non-parties may not benefit
  from those provisions

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Ways forward to avoid a split

• Most countries agree to be bound by the ITRs
• Most countries do not agree to be bound by the
  ITRs
• Most countries implement the ITRs in a
  non-controversial manner
• Recognize that Preamble does not prevent
  suspension of services or otherwise modify
  existing rights and obligations
• Recognize that there is no extension of the
  covered entities or of the scope
• Recognize that the security and spam provisions
  do not relate to content
• Recognize that Resolution 3 does not change the
  mandate of the ITU

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Reasons given for not signing

• Third paragraph of the preamble
• ITRs apply to authorized operating agencies
• Expansion of scope of ITRs
• Article 5A
• Security and robustness of networks
• Article 5B
• Unsolicited bulk electronic communications
• Resolution 3
• To foster an enabling environment for the
  greater growth of the Internet

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Paragraph 3 of the Preamble

• These Regulations recognize the right of access
  of Member States to international
  telecommunication services.

• Is subject to Article 35 of the Constitution
• Any Member State can cut off communications with
  any other Member State, for any reason
  whatsoever, provided it informs the
  Secretary-General
• So no new rights or obligations are created
• It recognizes the rights of citizens, not just of
  governments
• Not really unprecedented

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Purpose and scope

• Unchanged with respect to 1988
• Application to AOA was decided in 1998, by a
  change in the ITU Constitution (no. 38, article
  6)
• ITRs only apply to services offered to the public
• not to purely private networks (the term public
  is specifically present in the ITRs)
• OAs (and AOAs) are entities that operate an
  installation intended for an international
  telecommunication service
• so local ISPs would presumably not be included
• Nobody ever complained about the entities covered
  since 1998
• There is no extension of the scope of the ITRs

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Article 5A (1/2)Security and robustness of
networks

• Member States shall individually and collectively
  endeavour to ensure the security and robustness
  of international telecommunication networks in
  order to achieve effective use thereof and
  avoidance of technical harm thereto, as well as
  the harmonious development of international
  telecommunication services offered to the public.

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Article 5A (2/2)

• Is subject to
• human rights obligations
• article 1 These Regulations do not address the
  content-related aspects of telecommunications.
• Cannot be seen as addressing content
• It is about measures that do not related to
  content (see Recommendations ITU-T E.408 and
  X.805. )
• Should lead to cooperation to implement best
  practices that are already prevalent
• should make it less likely that some country
  would (perhaps unwittingly) adopt inappropriate
  security legislation

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Article 5B (1/2)

• Member States should endeavour to take necessary
  measures to prevent the propagation of
  unsolicited bulk electronic communications and
  minimize its impact on international
  telecommunication services.
• Member States are encouraged to cooperate in that
  sense.

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Article 5B (2/2)

• Is subject to
• human rights obligations
• article 1 These Regulations do not address the
  content-related aspects of telecommunications.
• Cannot be seen as addressing content
• It is about measures that do not related to
  content (e.g. address filtering see
  Recommendations ITU-T X.1231 and X.1240 )
• Should lead to cooperation to implement best
  practices that are already prevalent
• should make it less likely that some country
  would (perhaps unwittingly) adopt inappropriate
  spam legislation

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Resolution 3 (1/2)

• resolves to invite Member States
• to elaborate on their respective positions on
  international Internet-related technical,developme
  nt and public-policy issues within the mandate of
  ITU at various ITU forums including, inter alia,
  the World Telecommunication/ICT Policy Forum, the
  Broadband Commission for Digital Development and
  ITU study groups
• to engage with all their stakeholders in this
  regard,
• instructs the Secretary-General
• to continue to take the necessary steps for ITU
  to play an active and constructive role in the
  development of broadband and the multistakeholder
  model of the Internet as expressed in 35 of the
  Tunis Agenda
• to support the participation of Member States and
  all other stakeholders, as applicable, in the
  activities of ITU in this regard.

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Resolution 3 (2/2)

• No expansion of ITUs role and scope
• Promotes multi-stakeholder consultations
• Cannot modify or override WSIS outcomes

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Who can lead the way forward?

• Could Switzerland or ISOC-CH or ISOC
• Recognize that Preamble does not prevent
  suspension of services or otherwise modify
  existing rights and obligations?
• Recognize that there is no extension of the
  covered entities or of the scope?
• Recognize that the security and spam provisions
  do not relate to content?
• Recognize that Resolution 3 does not change the
  mandate of the ITU?
• And promote this message?

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For more information

• http//www.itu.int/en/wcit-12/Pages/default.aspx
• http//www.itu.int/osg/wcit-12/highlights/dec13-14
  .html
• http//www.scoop.it/t/wcit-12
• http//www.cullen-international.com/ressource/4900
  /0/wcit-12-a-post-mortem-public-version.pdf

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Backup slides
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What is telecommunications?

• Defined in the ITU Constitution
• Any transmission, emission or reception of
  signs, signals, writing, images and sounds or
  intelligence of any nature by wire, radio,
  optical or other electromagnetic systems.
• Many interpret this to include at least parts of
  the Internet
• but this is not the case in all countries

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ITUs mandate

• Explicitly includes Internet matters
• greater role in Internet governance
• cybercrime
• spam
• respect for privacy and the protection of
  personal information and data
• etc.

This was agreed by consensus by all Member States
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WCIT-12 key numbers

• 1,275 proposals from Member States
• over 1,400 delegates from 151 Member States
• 150 hours of official conference meetings onsite
• Final acts signed by 89 countries out of the 144
  present and having authority to sign

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WCIT-12 procedure

• The ITU Secretariats role is to bring the world
  together and facilitate their negotiations with
  an efficient support team to help delegates reach
  agreement
• Do not conflate the Secretariat with the ITU the
  ITU is its membership
• ITU hosted many preparatory meetings, and
  translated over 450 contributions in 6 UN
  languages to facilitate negotiations
• WCIT-12 was the most open and transparent treaty
  making conference ever held
• Decision-making sessions were publicly webcast
• There were social media and interactive briefings
• Stakeholders from government, private sector
  andcivil society were all represented in the
  negotiations
• Ultimately, it is ITU membership who negotiate,
  and the treaty is their agreement

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WCIT-12 ITU as a global convener

• 151 countries in Dubai
• strong participation in negotiations
• richer, more representative and more powerful
  treaty
• Discussions about Internet governance revealed
  the full complexity of this issue
• Strong divergence on some topics
• During the preparatory process
• And in Dubai.
• Government and market forces were represented at
  WCIT-12
• This resulted in an extremely valuable exchange
  of views and ideas
• Compromise outcome
• Signed by 89 governments out of 144 accredited to
  sign
• More are expected to join

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Role of Member States (1/2)

• Tunis Agenda (WSIS) paragraph 55
• Policy authority for Internet-related public
  policy issues is the sovereign right of States.
  They have rights and responsibilities for
  international Internet-related public policy
  issues.
• Resolution 102
• the role of governments includes providing a
  clear, consistent and predictable legal
  framework, in order to promote a favourable
  environment in which global ICT networks are
  interoperable with Internet networks and widely
  accessible to all citizens without any
  discrimination and to ensure adequate protection
  of public interests in the management of Internet
  resources, including domain names and addresses

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Role of Member States (2/2)

• The ITRs are international law
• National laws are agreed by parliaments
• stakeholders do not participate in the formal
  decision-making process in parliament
• nor they are consulted prior to the decisions
  being made
• Similarly, in treaty-making conferences, Member
  States make decisions, after national
  consultations
• stakeholders do not participate in the formal
  decision-making process at the treaty conference

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WCIT multi-stakeholder involvement

• In the WCIT preparatory process
• open to all ITU members
• ISOC submitted proposals
• WCIT public comment web site
• few comments received
• Through national consultations
• could be open to the public
• documents could be made available to the public
• As members of national delegations
• ITU places no restrictions on who can be included
• If ITU members, can attend WCIT as observers
• could ask to speak, but none did

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WCIT-12 proposals left out (1/2)

• Cost-oriented charges for mobile roaming and
  wholesale prices
• General price transparency
• Fair compensation for traffic carried/terminated
• Restrictions on taxation
• Restrictions on network neutrality
• Routing transparency

But it was agreed to study further most of these
matters
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WCIT-12 proposals left out (2/2)

• Extension of scope to Operating Agencies (OAs)
• Restriction of scope to Recognized Operating
  Agencies (ROAs)
• Extension to ICT
• Provisions on data protection, privacy,
  cybersecurity, cybercrime
• Even though these are in the mandate of the ITU
  pursuant to Council Resolution 1305
• Making ITU Recommendations mandatory
• Alternative dispute resolution on international
  connectivity matters including Internet
• Provisions regarding Internet
• Purely liberalized approach to broadband
  deployment