IGF 2019 WS #394 Making National Laws Good for Internet Governance 2.0

Organizer 1: Civil Society, Latin American and Caribbean Group (GRULAC)
Organizer 2: Civil Society, Asia-Pacific Group
Organizer 3: Civil Society, Asia-Pacific Group

Speaker 1: Agustina Del Campo, Civil Society, Latin American and Caribbean Group (GRULAC)
Speaker 2: Gayatri Khandhadai, Civil Society, Asia-Pacific Group
Speaker 3: Jessica Dheere, Civil Society, Asia-Pacific Group

Policy Question(s): 

How are the evolution and proliferation of national laws governing the internet affecting the concept of multistakeholder Internet governance and the protection of the core values of the internet nationally, regionally, and globally?

Relevance to Theme: The proposed discussion builds directly onto the IGF 2018 panel discussion “Making National Laws Good for Internet Governance”. Among the main conclusions from that panel were the need to revise at least two things: 1) How are the relationships between companies and governments affecting human rights online? and 2) How is speed affecting quality in national and international legislation? In this session, we will add to the agenda a discussion about extraterritorial effects of new laws and decisions, including recent court cases involving companies, (such as Equustek), and how these laws travel from jurisdiction to jurisdiction.

Relevance to Internet Governance: During 2018 several scandals and news impacted the digital world and unleashed a series of very reactive policy-making worldwide. Internet companies have also shifted their approach towards legislation and have launched different and sometimes contradictory proposals as to what national/regional/global legislation should look like. Other initiatives complement the regulatory approach adding complexities to the existing landscape. ¿How has the discussion of laws and bills evolved with respect to last year's session? ¿How are the existing legal frameworks being implemented and how are they impacting internet governance?

The convening organizations share an interest and several projects intended to map and track legislation in different regions across the globe. Research conducted by CELE, SMEX and APC on legislation affecting human rights online includes Latin America, Africa, Eurasia, and the Arab League as well as Cambodia, India, Malaysia, Myanmar, Pakistan, and Thailand.

CELE is a regional research center based in Buenos Aires, Argentina, working particularly in Latin America. SMEX is a regional organization based in Lebanon and has initiated a partnership of six organizations to launch the CYRILLA Collaborative on global digital rights law. APC is a global organization with staff in different regions and continents.

Format: 

Round Table - U-shape - 90 Min

Description: “Making National Laws Good for Internet Governance 2.0: Evolution of Legislation Worldwide”

Regulation of the internet is on the rise worldwide. Legislation, public policy, judicial decisions and private rules under a structure of self-regulation, are piling up to create a growing body of rules and standards. Navigating this structure is becoming increasingly complex. Understanding the Internet’s legislative evolution in national congresses is fundamental for the protection and defense of fundamental human rights and provides insight into what the future of Internet will look like. This panel is the 2.0 version of IGF 2018 panel “Making National Laws Good for Internet Governance”. Our panel intends to continue to engage multistakeholder actors to think about legislative developments aimed to governing the Internet around the world; what they mean for local and global governance; what lessons learned may emerge for addressing some of the most pressing challenges while protecting the virtues of an open and free internet worldwide.

This workshop will aim at identifying milestones achieved in legislation over 2018 in different countries and regions; draw lessons learnt and attempt to evaluate how many of the proposals and laws that were launched prior are being implemented and what they impact on the whole ecosystem may be.

The workshop will also attempt to evaluate and track whether the conclusions reached in 2018 remain relevant in 2019; i.e. how are laws and bills being developed? Were there efforts to address the reactivity versus proactivity of Congresses in different regions? Are there new or different topics being targeted for regulation that may have been unforeseen in 2018? Do we see a greater integration of user rights and human rights in legislation?

These are triggering questions that will be addressed in this round table composed of a group of experts from multiple stakeholders.

The roundtable will begin with a 30-minute summary of some of the most recent laws passed as well as the implementation status of the most significant legislative initiatives of 2018 (including GDPR, the recent Australian law on violent content, Fiji’s online safety Act, Singapore’s Protection from Online Falsehoods and Manipulation Act, debate about privacy law in the US) to govern the Internet in national contexts with a brief analysis of their effects, both internal and external. The roundtable will focus on identifying and addressing similarities and differences in approaching the development of Internet legislation in a variety of contexts around the world. However, the central point of the round table is to address how Internet governance is increasingly regulated at the national level through national legislation and jurisprudence and how the legislation evolves from one year to the next. In turn, during the next 60 minutes we consider several of the following questions, undoubtedly necessary to consider the impact of these regulations:

+ How has the legislation evolved from one year to the next, particularly vis a vis established global human and civil rights standards?

+ Have these laws made the internet more predictable, safer for women and vulnerable groups?

Walk-in participants will be encouraged to share their experiences and lessons learned during the discussion. The final 10 minutes will be devoted to summarizing the discussion and proposing next steps. All interventions and proposed next steps will be summarized in an outcome document by the rapporteur by the end of the session and circulated to roundtable participants

Expected Outcomes: This workshop will aim at identifying milestones achieved in legislation over 2018 in different countries and regions; draw lessons learnt and attempt to evaluate how many of the proposals and laws that were launched prior are being implemented and what they impact on the whole ecosystem may be.

Discussion Facilitation: 

Walk-in participants will be encouraged to share their experiences and lessons learned during the discussion. The final 10 minutes will be devoted to summarizing the discussion and proposing next steps. All interventions and proposed next steps will be summarized in an outcome document by the rapporteur by the end of the session and circulated to roundtable participants

Online Participation: 

Usage of IGF Tool

SDGs: 

GOAL 16: Peace, Justice and Strong Institutions
GOAL 17: Partnerships for the Goals