Information Communications and Technology Archives

Ten Tips for Improving Mutual Legal Assistance Treaties

Published on October 9, 2012

4390_image001The 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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At Internet Governance Forum, Business to Champion Multi-stakeholder Approach

Published on October 9, 2012

laptops globeUSCIB 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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Barbara Wanner Named to Lead ICT Policy at United States Council for International Business

Published on October 9, 2012
Barbara Wanner

New York, N.Y., October 9, 2012 – Barbara Wanner has been named vice president for information, communications and technology (ICT) at the United States Council for International Business (USCIB), a pro-trade association encompassing America’s top global companies.

Wanner, who comes to USCIB from the Coalition of Services Industries, where she was director of the Global Services Summit and played a leading role on ICT policy, joined USCIB’s Washington, D.C. office on October 1.

“Barbara Wanner is an outstanding addition to USCIB’s policy team,” said USCIB President and CEO Peter M. Robinson. “She brings over thirty years of experience in trade and economic policy, as well as strong relationships with policy makers and a deep understanding of the business advocacy process.”

Founded in 1945, USCIB works to advance U.S. industry positions around the world, utilizing a unique network of international business groups – including the International Chamber of Commerce (ICC) and BIAC, the Business and Industry Advisory Committee to the OECD – with official standing in the United Nations, the OECD and many other inter-governmental bodies. It has long championed policies to expand information flows and the global Internet, promote information security, and expand market access for telecommunications and other information services.

As the lead staff member supporting USCIB’s Information, Communications and Technology Committee, Wanner will work closely with a diverse member base led by the committee’s chair, David Gross (Wiley Rein), and its vice chairs, Joseph Alhadeff (Oracle) and Leslie Martinkovics (Verizon). Important upcoming policy initiatives falling under her and the committee’s remit include the UN’s Internet Governance Forum and this December’s World Conference on International Telecommunications.

In addition to her work with the Coalition of Services Industries, Wanner has held positions at the U.S. Asia Pacific Council of the East-West Center, the International Electronics Manufacturers and Consumers of America, the Japan Economic Institute, and on Capitol Hill. She holds a master’s degree from Columbia University and a bachelor’s degree from Bucknell University.

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, 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
(212) 703-5043 or jhuneke@uscib.org

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ICTs and the Internet Can Strengthen Economic Growth and Recovery

Published on July 24, 2012

Investment in information and communication technology (ICT) and the Internet has the potential to boost job creation and economic growth during the current economic crisis, according to the International Chamber of Commerce (ICC), but opportunities for these technologies must be appropriately harnessed for this to take place.

ICC Commission on Digital Economy this week released ICTs and the Internet’s impact on job creation and economic growth, a tool designed to help policy makers seize opportunities to improve economic conditions.

Findings from studies collected in the paper show a positive correlation between investment in the Internet and other ICTs, and an increase in economic activity. High-speed networks and ICT services not only create a platform for this activity, but also improve the competitiveness of an economy.

The studies show that this potential for growth is even more substantial in developing countries. For each 10 percentage-point increase in high speed Internet connections there is an increase in economic growth of 1.38 percentage points for developing countries, according to research from the World Bank.

ICC urges policymakers to maintain a commitment to policies that will promote investment in the Internet and ICTs, which in turn will support sustainable economic growth and recovery.

Read more and download a copy of the report on ICC’s website

Staff contact: Barbara Wanner

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ICC to Administer New Internet Domain Name Disputes

Published on June 13, 2012
The current number of domain name endings is set to dramatically increase
The current number of domain name endings is set to dramatically increase

The International Chamber of Commerce (ICC) is among four dispute resolution providers invited by the Internet Corporation for Assigned Names and Numbers (ICANN) to administer disputes arising from applications made for new Internet generic Top-Level Domain Names (“gTLD”), a shift that will see a dramatic increase in the existing number of domain name endings currently available.

The dispute resolution procedure is part of a comprehensive program designed to protect the rights and interests of individuals or entities who oppose the registration of any domain name “strings” submitted for registration, as alternatives to the commonly known .com and .org extensions become possible.

ICANN today kicked off a seven-month objection period and made publicly available a list of all 1,930 gTLD ‘strings,’ for which complete applications were filed.

Under the program, ICC has accepted to process cases under the following two categories of objection.

  1. “Limited public interest objections” – whereby proposed names are considered to be contrary to generally accepted legal norms relating to morality and public order, recognized under principles of international law.
  2. “Community objections”, a substantial opposition to the gTLD application from a significant portion of the community to which the string may be explicitly or implicitly targeted.

The ICC International Centre for Expertise (the Centre) will administer cases under its Rules for Expertise which have been updated to include an appendix to govern the financial aspect of the proceedings. The Centre has also published a Practice Note to supplement the Rules.

Click here to read more on ICC’s website.

Detailed information on the new service including a full listing of the final determinations of experts can be found on the ICC website at: http://www.iccwbo.org/court/expertise/id48204/index.html

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ICC Emphasizes Business Priorities at UN Information Society Event

Published on May 21, 2012

BASIS Chair Urges Greater Collaboration with Business on Internet-related Public Policy

Internet access can empower the marginalized and improve the lives of millions of people – but governments must work with business and other stakeholders to put the necessary conditions in place. This was the message delivered by Subramanian Ramadorai, chair of ICC’s BASIS initiative, to the UN Commission on Science and Technology for Development (CSTD) during WSIS week in Geneva.

Ramadorai said governments and international institutions should ensure their Internet policy related decision-making activities were open and inclusive to all stakeholders on an equal footing. “All efforts to continue to advance enhanced cooperation should be based on the commitment to openness, inclusiveness, and outreach.”

The extent to which business and other stakeholders should be involved in public policy issues pertaining to the Internet, referred to as “enhanced cooperation,” was discussed during a CSTD consultation.

The International Chamber of Commerce and its BASIS (Business Action to Support the Information Society) initiative actively participated in the post- UN World Summit on the Information Society (WSIS) activities, held May 14-18 in Geneva. The week-long series of events included the WSIS action lines forum, open consultation for the preparations of the Internet Governance Forum (IGF) and meetings of the IGF multi-stakeholder advisory group, as well as a consultation on ‘enhanced cooperation’ convened by the UN Commission on Science and Technology for Development. All of these dialogues are important to the success of the WSIS and its outcome.

Organized by the International Telecommunication Union, UNESCO, the UN Development Program and UNCTAD, the forum gathered representatives of governments, civil society, business and the Internet technical community to share experiences regarding initiatives and concrete projects that are helping countries more effectively harness the power of information and communication technology (ICTs) for the common global good.

“The tangible impact of ICTs on economic growth and opportunity is a shared objective,” said John Davies, vice president of Intel Corporation. “Simply put, countries with effective ICT policies tend to have higher productivity and countries with ineffective ICT policies tend to have lower productivity.

Click here to read more on ICC’s website.

Staff Contact: Barbara Wanner

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ICC Gathering Assesses Digital Economy Business Priorities+

Published on April 11, 2012
The meeting also included remote participation
The meeting also included remote participation

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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Cloud Computing And Its Commercial Implications for Consumers

Published on March 29, 2012

4285_image001The 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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ICC Tackles Concerns About CrossBorder Access to Company Data

Published on March 20, 2012
Many companies are expected to meet conflicting requirements
Many companies are expected to meet conflicting requirements

The International Chamber of Commerce (ICC) has issued a policy statement pointing out conflicts that can arise between law enforcement requirements and privacy commitments when governments seek access to personal data held by companies across national borders.

Entitled “Cross-border law enforcement access to company data – current issues under data protection and privacy law”, the statement analyzes the issues that can arise in such situations, and makes recommendations that can help ensure respect for both law enforcement interests and those under data protection and privacy laws and commitments.

“Companies that process data in different countries are facing increasing government pressure to comply with law enforcement and regulatory requests that may conflict both with data protection and privacy laws in other countries in which they operate, and with consumer expectations and commitments to business partners,” said Christopher Kuner, Chair of the Task Force on Protection of Personal Data and Privacy, established by the ICC Commission on the Digital Economy.

“While some countries or regions have legal frameworks for reconciling law enforcement requirements with requirements under data protection and privacy law, many do not, and this can cause companies major problems,” Mr. Kuner added. “These sorts of problems are only increasing, given the growth in trans-border data flows.”

Click here to read more on ICC’s website.

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Business Gears Up for Global Telecom Policy Conference

Published on February 7, 2012

4244_image001This December in Dubai, the International Telecommunications Union (ITU), the specialized UN agency that addresses telecom and related policy matters, will hold a major treaty-writing conference – the 2012 World Conference on International Telecommunications (WCIT).  At the conference, ITU member states plan to renegotiate the International Telecommunication Regulations (ITRs), a major telecommunications treaty last revised in 1988.

In the course of the preparatory process for WCIT, member states have proposed adding or modifying provisions of the ITRs that are likely to impact international ICT services and markets.  For example, some proposals could give the ITU regulatory authority over international economic regulation of Internet connectivity, international mobile roaming rates, cyber security and spam, number misuse, Internet governance, and various other topics related to the economics of the international ICT sector.

USCIB and its global network, including the International Chamber of Commerce, are gearing up for WCIT.  In a recent briefing note to members, leaders of our Information, Communications and Technology Policy Committee wrote: “We believe that major policy dialogues like WCIT must be informed by relevant, reliable, and current facts.  We also believe that, at present, some of the proposals for modifying the ITRs are not informed by complete facts.”  The note was sent by Eric Loeb, vice president of international external and regulatory affairs with AT&T and chair of ICC’s Task Force on Internet and Telecommunications; Ambassador David Gross of Wiley & Rein, chair of USCIB’s Information, Communications and Technology Policy Committee; and Heather Shaw, USCIB’s vice president for ICT policy.

In addition, USCIB is organizing a February 9 briefing on WCIT with Ambassador Philip Verveer, deputy assistant secretary of state and the U.S. coordinator for international communications and information policy, at Wiley Rein in Washington, D.C.

Staff contact: Heather Shaw

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