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No. 42 Fair process frameworks for cross-border online spaces

Paul Fehlinger
Internet & Jurisdiction Project

Workshop

Theme

Legal Frameworks and Cyber-crime (Spam, Cyber-security, etc.)

This workshop is organized by the Internet & Jurisdiction Project, a global multi-stakeholder dialogue process launched in January 2012, which engages key actors from states, international organizations, companies, civil society, academia and the technical community from all around the world to address the tension between the cross-border Internet and national jurisdictions.


Over 2,5 billion Internet users interact in shared cross-border online spaces where they can post content potentially accessible worldwide. On the one hand platforms’ Terms of Service try to set transnational rules on acceptable postings, but on the other hand content that is legal in one jurisdiction can be illegal or sensitive in other territories. No clear frameworks exist yet to handle the tensions between these competing normative orders or values and enable peaceful cohabitation in cross-border cyberspaces. This challenge constitutes a rare issue of common concern for all stakeholder groups.


Building upon the intersessional work conducted by the Internet & Jurisdiction Project since the 2012 IGF, the roundtable will address the following topics:

  • Can commonly agreed interoperability procedures ensure fair process in interactions between platforms, public authorities, technical operators and users regarding seizures, content takedowns and access to user data?

    regarding seizures, content takedowns and LEA access to user data? - See more at: http://www.internetjurisdiction.net/igf2013-workshop/#sthash.q6PQ3uMn.dpuf
  • How could appropriate multi-stakeholder frameworks be developed?


Note: This roundtable is listed above under the “legal frameworks and cybercrime” track. However it equally touches upon other thematic areas: Human Rights/ Freedom of Expression on the Internet (addressing takedown procedures); Internet Governance Principles (eg. fair process and accountability) and Principles of Multi-Stakeholder Cooperation (the development of mutual frameworks).

Has the proponent organised a workshop with a similar subject during past IGF meetings?

Yes

Indication of how the workshop will build on but go beyond the outcomes previously reached

At the IGF 2012, after a year of interaction with different stakeholders, the Internet & Jurisdiction Project organized two workshops titled: “What is the Geography of Cyberspace?” and “What frameworks for cross-border online communities and services?” These sessions explored the roots of the tension between the Internet and the patchwork of national jurisdictions and examined how to address this common concern. Both these two workshops and the ongoing dialogue facilitated by the I&JProject in 2013 (including several preparatory meetings around the world) confirmed the need to explore how to develop appropriate frameworks to handle the tension in a multi-stakeholder setting. Therefore, the I&J Project will gather involved stakeholders at the 2013 workshop “Fair process frameworks for cross-border online spaces” to discuss the way forward: How could appropriate frameworks be developed and what commonly agreed interoperability procedures could ensure fair process?

Background Paper

No background paper provided

Session Type

Roundtable

Organisation

Co-organisers

Mr. BERTRAND DE LA CHAPELLE, INTERNET & JURISDICTION PROJECT, Civil Society, FRANCE, Western Europe and Others Group - WEOG

Mr. PAUL FEHLINGER, INTERNET & JURISDICTION PROJECT, Civil Society, GERMANY, Western Europe and Others Group - WEOG

Have the Proponent or any of the co-organisers organised an IGF workshop before?

Yes

The link(s) to the workshop report(s)

http://wsms1.intgovforum.org/content/no154-internet-jurisdiction-what-frameworks-cross-border-online-communities-and-services

http://wsms1.intgovforum.org/content/no171-what-geography-cyberspace

http://www.intgovforum.org/cms/rio_reports/WS_27_Short_Report.pdf

http://www.intgovforum.org/cms/2008-igf-hyderabad/event-reports/72-workshops/366-workshop-81-national-multi-stakeholder-processes-and-their-relation-to-the-igf

Panellists and Moderator

Invited panellists, individuals and organisations

= panellist or organisation has been confirmed

Please clock on Biography to view the biography of panelllist

FIONA ALEXANDER, DEPARTMENT OF COMMERCE, NTIA, Female, Government, UNITED STATES, Western Europe and Others Group - WEOG

ANNE CARBLANC, OECD, Female, Intergovernmental Organizations, FRANCE, Western Europe and Others Group - WEOGBiography

JAN MALINOWSKI, COUNCIL OF EUROPE, Female, Intergovernmental Organizations, FRANCE, Western Europe and Others Group - WEOG

SUNIL ABRAHAM, CENTER FOR INTERNET & SOCIETY, Male, Civil Society, INDIA, Asia-Pacific GroupBiography

ANRIETTE ESTERHUYSEN, ASSOCIATION FOR PROGRESSIVE COMMUNICATIONS , Female, Civil Society, SOUTH AFRICA, African GroupBiography

CARLOS AFFONSO PEREIRA DA SOUZA, FUNDACAO GETULIO VARGAS, Male, Technical Community, BRAZIL, Latin American and Caribbean Group - GRULACBiography

PATRICK RYAN, GOOGLE, Male, Private Sector, UNITED STATES, Western Europe and Others Group - WEOGBiography

ANKHI DAS, FACEBOOK, Male, Private Sector, UNITED STATES, Western Europe and Others Group - WEOG

LINDA CORUGEDO STENEBERG, EUROPEAN COMMISSION, BELGIUM, Western Europe and Others Group - WEOGBiography

DAVID MATIGNON, MINISTRY OF FOREIGN AFFAIRS, Male, Government, FRANCE, Western Europe and Others Group - WEOG

Moderator

BERTRAND DE LA CHAPELLE, INTERNET & JURISDICTION PROJECT

Remote Moderator

PAUL FEHLINGER, INTERNET & JURISDICTION PROJECT

Agenda

1. Can commonly agreed interoperability procedures ensure fair process in interactions between platforms, public authorities, technical operators and users regarding seizures, content takedowns and access to user data?

2. How could appropriate multi-stakeholder frameworks be developed?

Inclusiveness of the Session

The format of the workshop is going to be an open roundtable discussion between a diverse group of stakeholders on the basis of a structured agenda, without formal presentations. Taking stock of the preparatory process with meetings around the world, the participants will be able to discuss the outcomes of the multi-stakeholder dialogue process, explore the components of possible frameworks and how to move forward. The objective is to produce a structured but fluid and dynamic discussion that includes the audience in the debate.


Suitability for Remote Participation

In addition to the remote participation tools provided by the IGF, the session will be covered live on Twitter with a dedicated hashtag and questions can also be submitted through tweets to open the discussion and engage new stakeholders. Moreover, participants of the Internet & Jurisdiction dialogue process around the world will be encouraged to participate remotely in the discussion.


Questions or Comments

No question or comment provided

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