Broadening the Oversight of a Free and Open Internet

Via the Wall Street Journal

USCIB and the International Chamber of Commerce were cited in a Wall Street Op-Ed about the transition of the stewardship of the Internet from the United States to the broader multistakeholder community. Author Stephen Crocker, chairman of the Internet Corporation for Assigned Names and Numbers (ICANN) Board notes that business has a keen understanding of the importance of the Internet in strengthening the global economy and creating jobs and economic growth.

On March 17, representatives from the Intel Corporation, the Internet Society and others told Congress they supported the transition. The U.S. Chamber of Commerce, the U.S. Council for International Business, the Information Technology Industry Council, the Software & Information Industry Association and others also approve of the plan.

Business leaders from companies like Google, Verizon, AT&T, Cisco and Yahoo participated in the development of the proposal. Academics from Harvard, George Mason University and other institutions also weighed in. From the International Chamber of Commerce to the Center for Democracy and Technology, diverse organizations have voiced support.

Read the full Wall Street Journal article (Subscription required)

Obama Appoints USCIB Members to National Cybersecurity Commission

White_HouseGiven society’s increasing reliance on computer systems and information and communication technologies (ICTs), cybersecurity must lie at the heart of any national security strategy. To that end, President Obama announced today his appointees to the Commission on Enhancing National Cybersecurity, a new office established within the Department of Commerce to raise awareness about digital security in the United States.

“I have charged the Commission on Enhancing National Cybersecurity with the critically-important task of identifying the steps that our nation must take to ensure our cybersecurity in an increasingly digital world,” President Obama said in a White House press release. “These dedicated individuals bring a wealth of experience and talent to this important role, and I look forward to receiving the Commission’s recommendations.”

Two USCIB members were appointed to the 12-member commission: Ajay Banga, CEO of Mastercard, and Peter Lee, corporate vice president of Microsoft Research. USCIB’s ICT Policy Committee has actively shaped the development of a model cybersecurity framework in the OECD, as well as an International Chamber of Commerce practical business guide to implement the OECD security guidelines. USCIB also contributes regularly to the U.S. government’s calls for public comments on cybsercurity challenges.

Business Welcomes Revised OECD e-Commerce Recommendation

Smartphone_mobile_globeThe revision of the 1999 OECD Guidelines for Consumer Protection in the Context of Electronic Commerce (1999), which was initiated in 2014, came to a conclusion with the adoption by the OECD Council on March 24 of a revised Recommendation.

The Business and Industry Advisory Committee (BIAC) to the OECD welcomes the update which takes account of significant evolutions in the technical landscape as well as in consumer habits. From the onset, the BIAC Consumer Policy Task Force contributed actively to the works of the OECD Committee on Consumer Policy, pointing to the benefits of e-commerce and recommending a flexible approach rather than focusing on challenges.

The revised Recommendation will be discussed by ministers and high level experts during the consumer trust panel at the OECD Ministerial on the Digital Economy on June 22 in Cancun, Mexico.

Business Urges Policymakers to Avoid Trade-Distorting Data Privacy Measures

dataflows

Paris and New York, March 22, 2016 – Some 10.2 billion new connected devices are expected to come online over the next five years – nearly double the number in existence today. Many of these devices will transmit user data for processing across borders. But a proliferation of forced localization measures and other government policies to restrict cross-border data transfers threaten to choke off essential cross-border electronic commerce.

Businesses from across the developed world are urging policymakers to avoid imposing rules on data privacy and security that distort global trade. In a new paper, BIAC, the Business and Industry Advisory Committee to the OECD, points to the crucial role of cross-border data flows for the recovery and future of the global economy, and calls on the OECD and governments to develop policies and regulatory frameworks that address concerns for security and privacy in the least trade-distorting way.

“Governments must avoid restricting trade through data localization measures”, said Clifford Sosnow, chair of the BIAC Trade Committee and partner with the Canadian law firm Fasken Martineau LLP. “Considering the importance of this issue for competitive markets, this paper offers recommendations to address the impact of data localization and at the same time deal with privacy and security concerns.”

The BIAC paper had significant input from the U.S. private sector via BIAC’s American affiliate, the United States Council for International Business. The paper estimates that, if fully enacted, government forced localization measures currently in place, or under consideration, could reduce global trade by $93 billion annually.

BIAC recognizes the OECD’s unique capacity to gather and develop evidence on trade restrictive measures on data flows, and accordingly requests the OECD to:

  • highlight to governments the impact of data localization on trade and investment
  • raise awareness among all industries on the importance of data flows for business operations and participation in global trade
  • promote policies that enable open flow of data, to support the rapidly growing number of business models that rely on data flows.

BIAC will work with the OECD to promote best practices in the field of cross-border data flows and encourage governments to refrain from measures that compromise the benefits of open markets and investment for growth.

Read the BIAC policy paper.

USCIB Applauds Plan to Transition Stewardship of Key Internet Functions, Urges U.S. Government Approval

Digital GlobeNew York, N.Y., March 10, 2016 – The United States Council for International Business (USCIB) welcomed a comprehensive package of proposals developed by numerous Internet stakeholders including the private sector, which will enable global stewardship of the domain name system (DNS) and enhance accountability of the Internet Corporation for Assigned Names and Numbers (ICANN), which manages the global domain name system.

The proposals, if approved, would permit the transfer of the stewardship of the Internet Assigned Numbers Authority (IANA), a set of core functions necessary for the running of the Internet domain name system, from the U.S. Commerce Department’s National Telecommunications and Information Administration (NTIA), to the multi-stakeholder Internet community, with safeguards to enable active involvement by the in processes designed to hold ICANN accountable as an independent entity.

“While some have argued that the Internet should be overseen by governments, the two-year process that culminated in this plan demonstrates that the multi-stakeholder model of Internet governance works,” said USCIB President and CEO Peter M. Robinson. “This model is clearly the most appropriate means for considering issues that could affect the operation of the global Internet as we move forward.”

At an ICANN meeting wrapping up today in Marrakesh, Morocco, ICANN’s board approved the proposal and immediately transmitted it to NTIA.

“USCIB worked actively to help shape this ground-breaking initiative,” said Robinson. “We believe that the final product will meet NTIA’s criteria for the transition of the IANA stewardship role and ensure the continued stability, security and resiliency of the domain name system as well as fundamental openness of the Internet. We urge NTIA to approve the plan.”

The package combines the technical requirements for the IANA stewardship transition with important, interrelated enhancements to ICANN’s accountability to replace the “backstop” function provided by NTIA’s current contract with ICANN.

“USCIB believes this package will best ensure the continued security and stability of the domain name system and preclude its capture by a government or governmental entity, which is one of NTIA’s important criteria,” according to Barbara Wanner, USCIB’s vice president for information, communications and technology (ICT) policy.

On ICANN accountability, USCIB said the proposal would empower the Internet community through use of a bottom-up, multi-stakeholder model. “There are details that still need refinement, such as the drafting of bylaws,” said Wanner. “We look forward to helping shape these as part of the continued open and consultative implementation process.”

According to Wanner, USCIB contributions to the processes of encouraging the IANA stewardship transition and enhancing ICANN’s accountability have reflected cross-sectoral and cross-community perspectives. She noted that, as an association composed of more than 300 multinational companies, law firms and business associations, the organization’s membership represents a broad cross-section of leading global companies in the ICT sector. Moreover, USCIB members come from both the “contracted house” of ICANN – those companies that serve as registries and registrars of Internet domain names – as well as the “non-contracted house,” which encompasses others in the private sector.

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. With a unique global network encompassing leading international business organizations, including the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and the Business and Industry Advisory Committee (BIAC) to the OECD, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

Contact:
Jonathan Huneke, USCIB
+1 917.420.0039, jhuneke@uscib.org

More on USCIB’s ICT Committee

Internet’s Future to be Discussed at OECD Digital Economy Ministerial

Digital GlobeThe rapid increase of information and communications technologies (ICT) and online participation compels us to consider the potentially transformative effects of technology on a broad range of socially beneficial, data driven applications. The upcoming 2016 OECD Digital Economy Ministerial in Cancún is an opportunity to think about the path forward and continue to promote these transformative opportunities in an open, transparent, responsible and inclusive manner, respecting both individual rights and freedoms and the rule of law.

Contributing actively to the development of the next OECD Committee on Digital Economy Policy (CDEP) Ministerial Declaration, a delegation from the Business and Industry Advisory Committee (BIAC) to the OECD led by USCIB ICT Committee Chair Joe Alhadeff is raising business concerns about the future of the digital economy. The drafting session for the Ministerial Declaration, a multi-stakeholder consultation process also including advisory members of the technical community, has progressed substantially from the first draft in September. The next version of the consensus-built OECD CDEP Ministerial Statement will be available during the next CDEP meetings from March 29 to April 1.

Please read “Enabling a Vibrant Digital Economy” by USCIB President and CEO Peter Robinson for more information on USCIB’s involvement in the Digital Economy Ministerial.

USCIB Heads to Peru for APEC Policy Dialogues

APEC_PERUSupporting six million American jobs and hosting two thirds of the global middle class, the Asia-Pacific region is of great interest to the business community, as global companies are eager to tap the region’s growing markets. The Asia-Pacific Economic Cooperation (APEC) forum – the most influential economic dialogue in the region – continues to be a priority for USCIB members, as it is key to accelerating regional economic integration and promoting balanced, sustainable growth.

To aid private-sector engagement in the dialogue, USCIB works with the U.S. APEC business coalition to give members access to APEC officials and participate in APEC meetings throughout the year, culminating in the APEC CEO Summit, a meeting of CEOs and leaders from the APEC economies.

USCIB is in actively engaged in a number of the APEC working groups related to customs, product policy, and information and communication technologies. Each year, USCIB compiles an APEC priorities and recommendations paper to help direct and coordinate work with our members and APEC officials.

Three of USCIB’s policy team will be attending the upcoming first APEC Senior Officials Meeting (SOM 1) in Lima Peru, which began this past weekend.

Action on trade facilitation

Megan Giblin, USCIB’s director for customs and trade facilitation, will participate in the APEC Alliance for Supply Chain Connectivity (A2C2) and the Subcommittee on Customs Procedures meetings, and will identify linkages to the work underway within the USCIB Customs and Trade Facilitation Committee including, but not limited to, e-commerce, single-window efforts, and other aspects that tie directly to WTO TFA implementation.

Giblin was also confirmed last week as the industry Co-Chair to the APEC Subcommittee on Customs Procedures Virtual Working Group (VWG) along with the government of New Zealand. USCIB both helped create the working group and has facilitated its work, co-chairing the group, since its inception. The VWG is comprised of both customs officials and members of the private sector.

Smarter chemicals regulations

Helen Medina, USCIB’s vice president of product policy and Innovation will attend the APEC Chemical Dialogue (CD) meetings to support USCIB’s work and recommendations on a coordinated approach to implementation of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and future GHS capacity building workshops. Medina will also support USCIB’s Customs priorities in the area of Chemical Import Procedures.

USCIB will continue to encourage work within the CD on metals risk assessment, specifically follow-up to the workshop on this topic in 2015 as well as the dissemination of pending OECD metals assessment scientific guidance as joint OECD-APEC guidance for APEC Economies.  Lastly, Medina will meet with the Lima Chamber of Commerce, Peru’s most representative organization promoting Peru’s global economic integration, to share USCIB priorities during the Peru host year and collaborate on areas of mutual interest.

Facilitating cross-border data flows

Barbara Wanner, USCIB’s vice president of ICT policy will participate in the SOM 1 meetings of the Electronic Commerce Steering Group (ECSG), with particular focus on the Data Privacy Subgroup. The meetings will focus on expanding APEC economies’ understanding of and participation in the Cross-Border Privacy Rules system (CBPR). The CBPR system requires firms in participating economies to develop their own internal business rules on cross-border data privacy procedures, complying with the system’s minimum requirements. The meetings will also explore a selection of next-generation privacy issues, such as data portability, open data and privacy, and big data.

Wanner  will also participate in a special workshop, “Building a Dependable Framework for Privacy, Innovation and Cross-Border Data Flows in the Asia-Pacific Region,” which will set the stage for subsequent discussions on APEC CBPR and other privacy issues during the informal and formal ECSG and DPS meetings.

If you would like any further information on the above meetings or issues, please feel free to reach out to our team.

Customs: Megan Giblin, mgiblin@uscib.org
Chemicals: Helen Medina, hmedina@uscib.org
ICT and Data Privacy: Barbara Wanner, bwanner@uscib.org
APEC priorities: Rachel Spence, rspence@uscib.org

USCIB Supports Conclusion of “EU-US Privacy Shield”

us_eu_flags_3New York, N.Y., February 2, 2016 – The United States Council for International Business (USCIB) commends the tireless and concerted efforts of negotiators from the European Union and the United States for achieving agreement on a new framework governing transatlantic data transfers, the “EU-U.S. Privacy Shield.”

“While providing strengthened privacy protections, this agreement will promote legal certainty and consumer confidence for transatlantic data flows, thereby fostering new projects, investments and provision of services that increase economic and societal benefits,” said USCIB President and CEO Peter Robinson.

USCIB supports efforts by all parties involved to finalize and implement the new Privacy Shield in a timely manner. Earlier today, the International Chamber of Commerce (ICC), of which USCIB is the U.S. affiliate, issued a statement in support of the EU-U.S. privacy shield.

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. With a unique global network – encompassing ICC, the International Organization of Employers, and the Business and Industry Advisory Committee to the OECD – USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. www.uscib.org.

Contact:
Jonathan Huneke, USCIB
+1 212.703.5043, jhuneke@uscib.org

More on USCIB’s ICT Committee

Enabling a Vibrant Digital Economy Is Essential for 21st Century Business

Digital GlobeSeveral years ago in this column, I remarked on the amazing transition from e-commerce to the “Internet economy.” Nowadays, it is clear that the digital economy, for all intents and purposes, is the economy. Very little commerce, both in-country and across borders, could take place without the interconnected networks enabled by the global Internet. Think about how your business would function for even a day without reliable access to modern information and communication technologies (ICTs).

The OECD, which has served as an invaluable forum for discussion of sensible policy approaches to the challenges and opportunities presented by the digital economy, is gearing up for a ministerial meeting this June in Cancun, Mexico. The meeting will explore work undertaken by the OECD Committee for Digital Economy Policy to address the continued evolution of the digital economy in the eight years since a previous 2008 ministerial in Seoul, South Korea. USCIB and our members played an active role at the Seoul ministerial, where I had the privilege of serving as chair of the “business day” events.

The Seoul ministerial acknowledged the essential nature of the Internet as a platform for economic growth, and emphasized the need for all stakeholders to guide its development. Recognizing the vast changes in this area since 2008, the Cancun ministerial will highlight the extent to which the entire economy has become digitized, and explore how this transformation has affected social interactions, business and government operations, laws and regulations, and jobs and skills. Numerous USCIB and other global companies are set to participate.

Privacy and localization concerns

The Cancun ministerial comes against the backdrop of growing unease in some markets over privacy protections for cross-border data transmissions. The European Court of Justice got everyone’s attention recently when it invalidated the European Commission’s 2000 decision concerning the adequacy of the existing transatlantic “safe harbor” framework. In the past 15 years, thousands of U.S. companies have used this framework to ensure that their data practices are in line with European Union privacy rules.

Addressing the 2016 Consumer Electronics Show in January, Federal Trade Commission Chairwoman Edith Ramirez said she was confident that U.S. and EU officials would reach agreement on a new data transfer deal – a so-called Safe Harbor 2.0, which is essential for the global operations of both tech and non-tech companies. As we went to press, however, there was still no agreement, and the clock was ticking loudly toward a January 31 deadline imposed by EU Data Protection Authorities (DPAs). The DPAs indicated that if U.S. and EU negotiators do not conclude Safe Harbor 2.0 by that date, they may launch probes of U.S. tech companies to ensure compliance with European law. Such actions could have a severe chilling effect on transatlantic data flows, with potentially devastating consequences for both the U.S. and EU economies.

A related development is rising support for the forced localization of data centers within a country’s border. As USCIB members have made clear in numerous forums, such requirements diminish the investment appeal of these markets by creating undue burdens for global companies. Localization requirements also threaten ground-breaking ICT advances – with promise of significant economic and societal benefits for these countries – in such areas as cloud computing, use of Big Data and the Internet of Things. Also important (and ironic), data localization measures effectively undermine privacy and security by distracting from efforts to create better protections for individuals and generally making these markets more vulnerable to hackers.

More generally, we are seeing a proliferation of other types of localization barriers, such as local content requirements, discriminatory government procurement practices, technology transfer requirements and other policies and regulations aimed at promoting domestic industry and shielding it from foreign competition.

Wise policy choices needed

A vibrant digital economy holds great promise for individual businesses and the global economy more generally. Many countries realize this, but in their efforts to harness the innovative and developmental potential of an Internet-fueled economy, they are resorting to policies that risk quashing that vibrancy.

During last year’s review of the decade-old World Summit on the Information Society (WSIS), an initiative launched under UN auspices, we also heard calls from some countries for a stronger government role in governance of the Internet. Such an approach would undermine the bottom-up, multi-stakeholder approach to Internet governance. When governments work together with other stakeholders, we can realize significant progress in raising capacity, knowledge, and understanding of digital economy issues. Policymaking invariably is improved when representatives of business, the technical community, and civil society inform such discussions; such inclusion also helps to lower the risk of unintended consequences.

The upcoming OECD ministerial provides the perfect opportunity for the business community to tell lawmakers which policies best realize the promise of Internet-enabled development and innovation. USCIB seeks a ministerial outcome that recognizes the importance of private-sector investment and “light touch” regulation that preserves the Internet’s interoperability. We would also like to see the OECD highlight how emerging technologies facilitate economic development and address societal needs. And collaboration between all stakeholders is a must in order to expand inclusion in the digital economy.

USCIB addresses these issues at a global level through our unique role as U.S. affiliate of the International Chamber of Commerce (ICC) and of BIAC, the Business and Industry Advisory Committee to the OECD. We are lucky to have strong member support and leadership from individuals such as Eric Loeb (AT&T) and Joseph Alhadeff (Oracle), chair and vice chair, respectively, of our ICT Policy Committee. (Alhadeff also chairs the corresponding committees at ICC and BIAC.)

I am confident that USCIB and our members will have robust representation in Cancun. And I am equally confident that policymakers will recognize the Internet’s role as a platform for innovation, social inclusion and economic development. With your continued strong support, USCIB and our members can continue to drive industry leadership in this critical area; ICTs are essential for doing business in the 21st century.