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Intermediaries’ role and good practice in protecting FOE

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No. 21 Intermediaries’ role and good practice in protecting FOE

Xianhong Hu

UNESCO

IGF 2014 sub theme that this workshop fall under

Internet and Human Rights

Description

Internet intermediaries play a unique role in linking authors of content and audiences. Given their role in capturing, storing, searching, sharing, transferring and processing large amount of information, data and user-generated content, the actions of these actors may either protect or jeopardize end user rights to free expression. This role is particularly prominent in the cases of search engines and internet-service providers (ISPs), hosting providers, cloud computing services, online social networks and media houses.
This session will be an opportunity to present and discuss the results of a brand new research project on Internet intermediaries, commissioned by UNESCO, Open Society Foundation and the Internet Society. This report is using a case study methodology to provide insights on how Internet intermediaries - including search engines, social media and ISPs – address freedom of expression issues across a range of jurisdictions, circumstances, technologies and business models.
This workshop aims to trigger discussion on the outcomes of this research and to contribute to identifying principles for good practices and processes that are consistent with international standards for free expression. The launch of the UNESCO-OSF-ISOC findings and outcomes of the discussion will inform various actors, including Internet intermediaries and other stakeholders, and will also contribute to developing a set of good practices applicable across different regions.

Agenda

5’ Openning remarks by Chair Mr Guy Berger, Director for Division of Freedom of Expression and Media Development, UNESCO
10’ presentation by Ms Rebecca MacKinnon and Mr Allon Bar, commissioned authors of the research on Internet intermediaries
5’ Ms Elvana Thaci, Administrator of Media Division, CoE
5’ Ms Lillian Nalwoga, researcher of CIPESA, Uganda.
5’ Mr Jean-Jacques Sahel, vice president of ICANN in Europe
5’ Ms Avri Doria, Research consultant on Internet Architectures and Governance
5’ Ms Ceren Unal, Bilkent University Faculty of Law, Turkey
5’ Mr Malcolm Hutty, Head of Public Affairs at LINX and Chair of EuroISPA's Intermediary Liability Committee.
5’ Mr Ross La Jeuness, ‎Head of International Relations for Google5’ Mr Richard Allan, Director of Policy in Europe, Facebook
5’ Ms Ankhi Das, Public Policy Director, Facebook - India & South Asia
5’ Ms Mishi Choudhary, Executive Director, SFLC.IN, India

30’ Discussions

Name(s) and stakeholder and organizational affiliation(s) of institutional co-organizer(s)

Stewart Chisholm, Civil Society, Open Society Foundation
NIcolas Seidler, Technical Community, ISOC

Has the proposer, or any of the co-organizers, organized an IGF workshop before?

yes

The link to the workshop report

http://www.intgovforum.org/cms/2013-bali/workshops2013/reports-with-transcripts

Type of session

Panel

Duration of proposed session

90 minutes

Subject matter #tags that describe the workshop

# freedom of expression #intermediaries # privacy # good practice

Names and affiliations (stakeholder group, organization) of speakers the proposer is planning to invite

Chair: Mr Guy Berger, Director for Division of Freedom of Expression and Media Development, UNESCO
Ms Rebecca MacKinnon and Mr Allon Bar, commissioned authors of the research on Internet intermediaries
Ms Elvana Thaci, Administrator of Media Division, CoE
Ms Lillian Nalwoga, researcher of CIPESA, Uganda.
Mr Jean-Jacques Sahel, vice president of ICANN in Europe
Ms Avri Doria, Research consultant on Internet Architectures and Governance
Ms Ceren Unal, Bilkent University Faculty of Law, Turkey
Mr. Malcom Hutty, Head of Public Affairs at LINX and Chair of EuroISPA's Intermediary Liability Committee and International Affairs Committee
Mr Ross La Jeuness, ‎Head of International Relations for Google.
Ms Ankhi Das, Public Policy Director, Facebook - India & South Asia
Ms Mishi Choudhary, Executive Director, SFLC.IN, India

Name of Moderator(s)

Mr Guy Berger, Director for Division of Freedom of Expression and Media Development, UNESCO

Name of Remote Moderator(s)

Xianhong Hu, UNESCO

Description of how the proposer plan to facilitate discussion amongst speakers, audience members and remote participants

To limit panel presentation to short remarks and structure discussion with a set of key questions so as to trigger discussion with audience.

Description of the proposer's plans for remote participation

ready to consider remote participations

Background paper

background paper

Brief substantive summary of the workshop and presentation of the main issues that were raised during the discussions

The session was hosted by UNESCO and attended by 70 participants and 10 speakers.

Mr Guy Berger introduced the research, explaining that it aims to explore how internet intermediaries foster or restrict freedom of expression across a range of jurisdictions, circumstances, technologies, and business models. He said that it related to debates about private and privatized censorship, and stressed the research mainly deals with the legitimate exceptions to free flow, given the international norm being the free flow of information. He also thanked the Open Society Foundation and Internet Society for supporting this joint initiative.

Ms Rebecca MacKinnon, the commissioned leading author of the research gave a presentation on the major findings. The case study research covers of three categories of intermediaries: 1. Internet Service Providers (fixed line and mobile) such as Vodafone (UK, Germany, Egypt), Vivo/Telefônica Brasil (Brazil), Bharti Airtel (India, Kenya), Safaricom (Kenya), 2.Search Engines such as Google (USA, EU, India, China, Russia), Baidu (China), Yandex (Russia) and 3.Social Networking Platforms such as Facebook (USA, Germany, India, Brazil, Egypt), Twitter (USA, Kenya), Weibo (China), iWiW (Hungary).

The research showed that operations of internet intermediaries are heavily influenced by the legal and policy environments of states, but they do have control over many areas of policy and practice affecting online expression and privacy. The research also highlights the challenge that the extent to which state policies, laws, and regulations are – to varying degrees - poorly aligned with their duty to facilitate and support intermediaries’ respect for freedom of expression. The research also recommends specific ways that intermediaries and states can improve respect for internet users’ right to freedom of expression through promoting adequate legal frameworks and policies consistent with international norms, multi-stakeholder policy development, transparency of governance, privacy protection of users, accountability in self-regulation, remedy, public information and education and global accountability mechanisms.

Mr Ross La Jeunesse from Google stated that as the first company publishing the transparency report, Google is committed to promoting freedom of expression and free flow of information, which is the right thing to do and also complies with its business model.

Mr Jean-Jacques Sahel from ICANN shared a study that shows economic growth depends on open Internet and access to content and stressed the role of governments and national laws are very important. He also suggested the multi-stakeholder approach should be enhanced by combining stakeholders at both national and international levels.

Ms Elvana Thaci from CoE shared a concern on private censorship, but also pointed out that intermediaries do sometimes play editorial functions as publishers and should be shielded from political pressures.

Ms Lillian Nalwoga, researcher of CIPESA, Uganda, said that many companies have no privacy policies and vague laws exist in Africa without clear definitions . She suggested including more African countries in the study and raised the challenge is how to get intermediaries to take on these recommendations.

Ms Avri Doria quoted APC’s recent work on Feminist Principles of the Internet and suggested developing a mechanism to protect women against online violence by social media.

Ms Ceren Unal, from Bilkent University Faculty of Law of Turkey said the same challenge exists in Turkey on how to protect intermediaries’ from state intervention and suggested multistakeholderism should be embodied during the drafting process of legal provision.

Mr. Malcom Hutty, Chair of EuroISPA's Intermediary Liability Committee stated that it is problematic to solve social problems by asking intermediaries to step in, without users being able to be represented. He also said that intermediaries are receiving large number of the requests, and this poses a challenge to the implementation of legal-based exercises.

Ms Mishi Choudhary, Executive Director, SFLC.IN of India pointed out that small and medium companies are more challenged on liability issues since they do not have big legal teams to deal with lawsuits.

Conclusions drawn from the workshop and possible follow up actions

Participants acknowledged this is a very timely and useful research to tackle the challenge which goes beyond intermediaries’ liability issue. The discussion focused on how to have more transparency reports published and how to go beyond industry dialogue and develop a broader framework.

All the comments received at this meeting will be consolidated to the final research, which will be finalized and published by late 2014. This research will feed into the ongoing UNESCO Comprehensive Study on Internet, and UNESCO also invited participants join UNESCO multistakeholder conference to discuss the first draft of the Study, at UNESCO headquarter in Paris, 3-4 March 2014.

Estimation of the overall number of participants present at the workshop

80

Estimation of the overall number of women present at the workshop

about half of the participants were women

Extent to that the workshop discuss gender equality and/or women’s empowerment

was one of the main theme of the workshop

A brief summary of the discussions in case that the workshop addressed issues related to gender equality and/or women’s empowerment

APC’s recent work on Feminist Principles of the Internet and suggested developing a mechanism to protect women against online violence by social media.

Reported by

Guy Berger

Workshop transcript

transcript

Youtube video

video

Attachments

No attachments provided

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