The International Chamber of Commerce (ICC) has published a proposal for improving Mutual Legal Assistance Treaties (MLATs) that would foster cross-border communications services, protect essential individual rights, reduce conflict of law difficulties and reduce the risk of countries establishing unnecessary local communications infrastructure requirements solely for crime investigation purposes.

The ICC Commission on the Digital Economy prepared the policy statement because modernized MLATs will bring clarity and transparency to the growing challenges of accessing information associated with cross-border communications services. As government investigations into serious crime and terrorism rely increasingly on lawful access to data that may be stored outside their country – due to new communications services such as mobile roaming, social media or cloud computing – it is appropriate for the MLAT model of cooperation to be updated to reflect the modern communications landscape.

“Modernizing MLATs so that they reflect the communications landscape can be a “win-win-win” for the broader public interest, governments and communications service providers,” said Eric H. Loeb, chair of the ICC Task Force on Internet and Telecommunications, and vice president of international external affairs with AT&T.

“As an essential part of this paper, we highlight the primary need for governments to ensure that the use of lawful access to information as part of an investigation is transparent and proportional, and consistent with all other legal and policy protections for consumers and businesses, such as information security, human rights, and privacy,” Loeb added.

Click here to read more on ICC’s website.

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USCIB and the International Chamber of Commerce (ICC) will use their presence at the 7th annual Internet Governance Forum (IGF) on November 6-9 in Baku, Azerbaijan to reinforce the value of a multi-stakeholder approach to public policy development around the Internet.

David Gross, chair of USCIB’s Information, Communications and Technology (ICT) Committee and partner at Wiley Rein LLP, will be a featured speaker, providing the business perspective on a plenary panel exploring “Managing Critical Internet Resources.” This session will examine the implications of the ITU World Conference on International Telecommunications (WCIT) and its review of the International Telecommunications Regulations on the management of Internet resources, among other questions.

In addition, Joseph Alhadeff, vice president of global public policy and chief privacy officer of Oracle Corporation and chair of Information, Computer and Communication (ICCP) Committee for BIAC, the Business and Industry Advisory Committee to the OECD, will contribute his considerable expertise on global privacy policy to a plenary session, “Security, Openness, and Privacy,” which will examine issues affecting security and openness of the Internet as it relates to human rights and access to knowledge. Barbara Wanner, USCIB’s vice president of ICT policy, will also attend the IGF.

As part of its focus on the important role that the Internet plays in job creation and economic growth, ICC’s BASIS (Business Action to Support the Information Society) initiative will hold dedicated workshops on two key topics that impact the openness of the Internet and the free flow of information online; ‘Solutions for enabling cross-border data flows’, in partnership with the Internet Society (ISOC) and ‘Technology, economic and societal opportunities and women’ in partnership with the Association for Progressive Communications (APC) and the Government of Kenya.

Convened under the UN Secretary General, the IGF is a unique international platform that welcomes frank and open discussion on Internet governance issues. Last year the Forum attracted over 2000 registered participants as well as a host of remote participants.

Click here to read more on ICC’s website.

Staff Contact: Barbara Wanner

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Over 40 digital economy experts from 14 countries gathered at the International Chamber of Commerce (ICC) headquarters in Paris to discuss business priorities relating to the information and communication technologies (ICT) and Internet policy landscape.

The two-day meeting of the ICC Commission on the Digital Economy, included discussion on topics ranging from the development of new technologies and business models, to the full expanse of Internet-related policy matters.

A number of USCIB members actively participated in the ICC commission, whose members are drawn from ICC national committees (like USCIB) around the world.

Herbert Heitman, executive vice president of external communications at Royal Dutch Shell and chair of the Digital Economy Commission led the meeting and stressed the importance of business engagement in ICT and Internet issues.

During a status report on ICC input to a European Commission communication on “a comprehensive approach to personal data protection in the European Union,” Christopher Kuner, chair of the ICC Task Force on Privacy and the Protection of Personal Data, explained how the directive would extend beyond the boundaries of the EU to impact businesses around the world. Joe Alhadeff, chief privacy strategist and vice president for global public policy at Oracle Corporation (and vice chair of USCIB’s Information, Communications and Technology Policy Committee), supported Mr. Kuner’s remarks and added: “Every industry one way or another will be affected by this regulation. ICC must make every effort to communicate to businesses worldwide how this regulation will impact them.”

In an afternoon session dedicated to the work of the ICC Task Force on Internet and Telecommunications, Eric Loeb, vice president, international external affairs at AT&T, led discussions relating to the development of ICC policy recommendations on the modernization of Mutual Legal Assistance Treaties (MLAT) – agreements between two countries for the purpose of exchanging information in an effort to enforce public or criminal laws. These agreements have not been updated to reflect the contemporary communications environment, and this creates legal uncertainty for industry and governments. ICC has recognized as a top priority the need for governments and the private sector both to establish a responsible balance of interests on law enforcement assistance requests, and to minimize situations where industry is in the middle of a conflict of laws between two countries. Modernized MLATs could support both goals.

“The ICC work on this would be an unprecedented effort by industry to identify specific best practices for both government and private sector, and aims to help avert the trend of government local infrastructure/storage mandates, and to preserve cross-border data flows,” Mr. Loeb said.

Click here to read more on ICC’s website.

Staff Contact: Barbara Wanner

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The International Chamber of Commerce (ICC) drew attention to the important and transforming commercial implications of cloud services for consumers and small-to-medium-sized enterprises (SMEs) in a statement today.

Governments should use a flexible and light touch when they develop new regulations that may apply to cloud-based services in order not to limit the potential of emerging models or risk constraining innovation, the ICC Commission on the Digital Economy recommended in its statement “Business views on regulatory aspects of cloud computing”.

Such well-intentioned policies and regulations could significantly undermine and limit the potential social and economic benefits of cloud, while an appropriate approach to risks and solutions in the cloud context allows the customer to make informed decisions.

“Consumers and SMEs have the potential to extend the powerful existing cloud computing and processing resources to new business offerings and social applications,” said Christiaan van der Valk, CEO of Stockholm-based IT solutions provider Trustweaver and co-chair of the Task Force on Security and Authentication that helped draft the statement.

“There are risks, but these risks – the location of information, security controls over information, and the consequences of exiting a commercial arrangement – have already been faced by businesses and consumers when dealing with a number of existing models, such as outsourcing,” he said.

The statement identified four broad regulatory categories of particular importance to providers and consumers of cloud services. These include data privacy, confidentiality and secrecy obligations, litigation and investigatory access, and specific sectoral rules on outsourcing.

“Enhancing consumer trust and confidence in cloud is key,” said Jacques Beglinger, Attorney-At-Law at the Berne-based Federation of Swiss based multinational enterprises, Swissholdings, and Co-Chair of the Task Force on Security and Authentication.

“Since cloud computing for both buyers and sellers of services does not pose major new regulatory challenges, ICC upholds that governments should be encouraged to use the regulatory powers they already do possess, regarding privacy and security issues, in order to improve trust and understanding in the cloud services market,” Mr. Beglinger said.

The ICC Commission on the Digital Economy represents approximately 250 companies, organizations and ICC national committees in more than 50 countries globally.

The Task Force on Security and Authentication, set up by the Commission, is composed of more than 55 experts in the field of IT and information, communications and technologies (ICT), data protection and privacy, security and authentication, and telecommunications.

View the full policy statement: Business views on regulatory aspects of cloud computing

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USCIB applauded APEC leaders for agreeing at their just-concluded summit in Honolulu to begin to put into operation a long-awaited system to recognize corporate privacy practices in order to facilitate international commerce.

In their joint communiqué, APEC leaders pledged to “implement the APEC Cross-Border Privacy Rules System to reduce barriers to information flows, enhance consumer privacy, and promote interoperability across regional data privacy regimes.”

“Cross-border data transfers are vital to conducting business in a global economy,” said Heather Shaw, USCIB’s vice president for information, communications and technology policy.

“However, differing government regulations on transfers of personal information can create impediments to the flow of information across borders, which is the lifeblood of today’s dynamic global economy.  We are pleased that, with the APEC Cross-Border Privacy Rules System, companies will be able to transfer customer or employee information for processing across the region based on a one-stop validation mechanism against the APEC principles, simplifying processes and reducing costs.”

Following the adoption of the APEC Privacy Framework in 2004, USCIB foresaw the potential benefits of such a mechanism to improve conditions for expanded trade and investment in the APEC region.  USCIB and its member companies have supported the development of a cross-border privacy rules system, as an active participant in the APEC working group charged with developing the rules, and have been key contributors to many components of the newly announced system.  At a preparatory meeting to the Honolulu summit, USCIB organized a workshop on the new system.

“We are particularly pleased to see an ongoing commitment to promoting interoperability across regional data privacy regimes, which will further increase the benefits and reduce the costs of participating in this program,” said Ms. Shaw.

Ms. Shaw noted the business community’s appreciation for the important roles played by Australia in chairing the APEC Data Protection subgroup, by Canada in its work in APEC and the OECD on regulatory cooperation, and by the U.S. government in helping support and coordinate the Pathfinder project.  She also recognized key input from other APEC governments that took part in the development of the system as well as constructive input from civil society groups.

Staff contacts: Heather Shaw

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