Government of India's Response to WGEC Questionnaire

INDIA, Permanent Mission of India to the United Nations Office
9, RUE DU VALAIS, 1202, GENEVA
[email protected]

1. Which stakeholder category do you belong to?
Government
If non-government, please indicate:
If non-government, please indicate if you are:

2. What do you think is the significance, purpose and scope of enhanced cooperation as per the Tunis Agenda? 1) Significance 2) Purpose 3) Scope

1. Significance
   The World Summit on Information Society (WSIS), held in two phases had discussed the issues relating to Internet Governance at a great length and in detail and recommended (i) convening a new forum for multi-stake holder policy dialogue and (ii) beginning the process towards Enhanced Cooperation. As a result of the first recommendation, an Internet Governance Forum was established in 2006 as a forum for dialogue among various stakeholders. However, the process towards Enhanced Cooperation to develop international public policy issues pertaining to Internet in a fair and equitable manner is yet to take off. The use of internet and its socio-economic impact has grown further in the last few years. This has made the need for Enhanced Cooperation even more significant and urgent.
2. Purpose
   The purpose of Enhanced Cooperation is to enable governments, on an equal footing, through a suitable multilateral, transparent and democratic mechanism, to carry out their roles and responsibilities in international public policy issues pertaining to the Internet, in consultation with all other stakeholders.
3. Scope
   The scope of Enhanced Cooperation covers international public policy issues pertaining to the internet as well as the development of globally-applicable principles on public policy issues pertaining to the coordination and management of critical internet resources, but not the dayto-day technical and operational matters, that do not impact on international public policy issues.

3. To what extent has or has not enhanced cooperation been implemented? Please use the space below to explain and to provide examples to support your answer.

Enhanced Cooperation, as envisaged in Paras 68 and 69 of the Tunis Agenda, has not been realized. This remains a major shortcoming in implementation of WSIS Outcomes related to Enhanced Cooperation, considering that a specific mandate was given by the World Summit for Information Society (WSIS) in 2005 to begin such a process of Enhanced Cooperation in the first quarter of 2006. There is no multilateral, transparent and democratic global platform where governments can, on an equal footing, decide the full range of international public policies related to internet, in a holistic manner. There is also no mechanism for the development of globally-applicable principles on public policy issues including those pertaining to coordination and management of critical Internet resources. Not establishing an Enhanced Cooperation process has denied the Governments an opportunity to carry out their roles and responsibilities in international public-policy issues pertaining to the internet.

4. What are the relevant international public policy issues pertaining to the Internet?
The Working Group on Internet Governance set up by WSIS identified many public policy issues pertaining to internet, which continue to be relevant today, as listed below:

• Issues relating to infrastructure and the management of critical Internet resources, including administration of the domain name system and Internet protocol addresses (IP addresses), administration of the root server system, technical standards, peering and interconnection, telecommunications infrastructure, including innovative and convergent technologies, as well as multilingualization;
• Issues relating to the use of the Internet, including spam, network security and cybercrime;
• Issues that are relevant to the Internet but have an impact much wider than the Internet and for which existing organizations are responsible, such as intellectual property rights (IPRs) or international trade;
• Issues relating to the developmental aspects of Internet governance, in particular capacity building in developing countries;
• Issues relating to interconnection costs, meaningful participation in global policy development, freedom of expression, Data protection and privacy rights, Consumer rights, convergence and “next generation networks” (NGNs), as well as trade and e-commerce; Furthermore, Para 59 of the Tunis Agenda recognised that Internet Governance includes social, economic and technical issues including affordability, reliability and quality of service and para 60 of the Tunis Agenda recognised that there are many cross-cutting public policy issues that require attention. Since WSIS, international internet-related public policy issues have only grown in their number as well as importance. Several issues such as cloud computing have emerged in the last few years. Newer issues will keep arising with significant international public policy dimensions as the Internet continues to evolve and grow in its reach and spread.

5. What are the roles and responsibilities of the different stakeholders, including governments, in implementation of the various aspects of enhanced cooperation?

Enhanced Cooperation is a dynamic process due to the dynamic nature of internet. As a result, the roles and responsibilities of different stakeholders would need to be broadly defined. In this regard, we concur with the recommendations of the Working Group on Internet Governance on the role of different stakeholders — as listed below: Governments: Public authority for Internet related public policy issues is the sovereign right of States and that they have rights and responsibilities for international Internet public policy.

Their roles and responsibilities include:-

• Public policy-making and coordination and implementation, as appropriate, at the national level, and policy development and coordination at the regional and international levels;
• Creating an enabling environment for information and communication technology (ICT) development; Oversight functions; Development and adoption of laws, regulations and standards;
• Treaty-making; Development of best practices; Fostering capacity-building in and through ICTs;
• Promoting research and development of technologies and standards;
• Promoting access to ICT services; Combating cybercrime;
• Fostering international and regional cooperation;
• Promoting the development of infrastructure and ICT applications;
• Addressing general developmental issues;
• Promoting multilingualism and cultural diversity;

Dispute resolution and arbitration.

Private sector: The private sector has important role and responsibilities which include the following:-
Industry self-regulation; Development of best practices; Development of policy proposals, guidelines and tools for policymakers and other stakeholders; Research and development of technologies, standards and processes; Contribution to the drafting of national law and participation in national and international policy development; Fostering innovation; Arbitration and dispute resolution; Promoting capacity-building.

Civil society: Civil society has also played an important role on Internet matters especially at the community level and should continue to play such roles. The roles and responsibilities of civil society include:

• Awareness-raising and capacity-building (knowledge, training, skills sharing);
• Promoting various public interest objectives; Facilitating network-building; Mobilizing citizens in democratic processes;
• Bringing perspectives of marginalized groups, including, for example, excluded communities and grass-roots activists;
• Engaging in policy processes; Contributing expertise, skills, experience and knowledge in a range of ICT policy areas;
• Contributing to policy processes and policies that are more bottom-up, people-centred and inclusive; Research and development of technologies and standards; Development and dissemination of best practices;
• Helping to ensure that political and market forces are accountable to the needs of all members of society;
• Encouraging social responsibility and good governance practice. Advocating for the development of social projects and activities that are critical but may not be “fashionable” or profitable;
• Contributing to shaping visions of human-centred information societies based on human rights, sustainable development, social justice and empowerment.

Furthermore, the contribution to the Internet of the academic community is very valuable and constitutes one of its main sources of inspiration, innovation and creativity. Similarly, the technical community and its organizations are deeply involved in Internet operation, Internet standard-setting and Internet services development. Both of these groups make a permanent and valuable contribution to the stability, security, functioning and evolution of the Internet. They interact extensively with and within all stakeholder groups. The para 35 of the Tunis Agenda recognises the role of intergovernmental organizations in facilitating the coordination of internet related public policy issues and international organizations in the development of internet related technical standards and relevant policies.

6. How should enhanced cooperation be implemented to enable governments, on an equal footing, to carry out their roles and responsibilities in international public policy issues pertaining to the Internet?

A suitable multilateral, transparent and democratic mechanism must be created where governments, on an equal footing, may carry out their roles and responsibilities in international public policy issues pertaining to the Internet and public policy issues pertaining to coordination and management of critical Internet resources, in consultation with all other stakeholders. India would submit its recommendations on such a mechanism separately to the WGEC.
WGEC should submit its recommendation on the broad parameters of such a mechanism to the UNGA through CSTD as an input to the overall review of the outcomes of the WSIS.

7. How can enhanced cooperation enable other stakeholders to carry out their roles and responsibilities?

The mechanism should be designed so as to enable the other stakeholders to discharge their respective roles and responsibilities as mentioned above in response to Question 5 above in an effective manner. Further, Para 70 of the Tunis Agenda stated that relevant international organizations responsible for essential tasks associated with the Internet should contribute in creating an environment that facilitates the development of public policy principles. Therefore these organizations would need to make necessary changes to facilitate an appropriate interface with the mechanism of Enhanced Cooperation.

8. What are the most appropriate mechanisms to fully implement enhanced cooperation as recognized in the Tunis Agenda, including on international public policy issues pertaining to the Internet and public policy issues associated with coordination and management of critical Internet resources?

It is relevant to recall relevant paragraphs of the Tunis Agenda to identify most appropriate mechanisms to fully implement enhanced cooperation. The Para 69 sets the tone for Governments to define a mechanism of the enhanced cooperation. This paragraph together with other paras in the Tunis Agenda, when read with the WSIS outcomes clearly provides the basis for establishing the mechanism of enhanced cooperation. The sequence of paragraphs that help define the contours of a mechanism is as follows:

• Para 29 states that international management of internet should be multilateral, transparent and democratic with the full involvement of governments and other stakeholders.
• Para 31 commits to full participation of all stakeholders, within respective roles and responsibilities, to ensure requisite legitimacy of governance of internet.
• The roles and responsibilities of various stakeholders have been defined in brief in para 35 of the Tunis Agenda and in detail in paras 29-34 of WGIG report.
• In Para 60 of the Tunis Agenda, the Leaders have clearly pointed out the inadequacy of the current mechanisms for dealing with many cross-cutting international public policy issues. As a sequel to this recognition, Para 61 stresses the need to initiate, and reinforce, as appropriate, a transparent, democratic, and multilateral process, with the participation of governments, private sector, civil society and international organizations, in their respective roles.
• Para 68 further recognizes the need for development of public policy by governments in consultation with all stakeholders. The Para 69 recognises the importance of the governments to act on an equal footing with each other. Thus, there is a clear mandate for defining a mechanism for effective and enhanced cooperation on global internet governance. India would submit its recommendations on such a mechanism separately to the WGEC.

9. What is the possible relationship between enhanced cooperation and the IGF?

The IGF is a forum for multi-stakeholder dialogue. The discussions and dialogue in IGF would enrich the process of development of the international public policy issues pertaining to the Internet by the mechanism proposed under Enhanced Cooperation. Enhanced Cooperation is a mechanism for policy development whereas IGF is a forum for policy dialogue - IGF is, thus, a distinct and a complementary process to the enhanced cooperation mechanism. IGF should contribute its outcomes as inputs into the policy development/ making processes to be undertaken by the new mechanism for Enhanced Cooperation.

10. How can the role of developing countries be made more effective in global Internet governance?

Paragraph 65 of the Tunis Agenda underlines the need to maximize the participation of developing countries in decisions regarding Internet governance, which should reflect their interests, as well as in the development of capacity building. The developing countries are integral part of the global Internet governance. They would participate, at equal footing in the mechanism explained above.

11. What barriers remain for all stakeholders to fully participate in their respective roles in global Internet governance? How can these barriers best be overcome?

The main barrier to the participation of stakeholders is the absence of a mechanism for global internet governance where they can participate in their respective roles. Second barrier to participation of stakeholders is the nature of selection process of participants who represent these stakeholders. The process of selection of the representatives should be made in a transparent manner and using an inclusive approach.
12. What actions are needed to promote effective participation of all marginalised people in the global information society?

The mechanism proposed above involves all stakeholders, having important role to play in addressing the challenge to effective participation of marginalised people. Challenges like accessibility, availability and affordability of information services have to be addressed at regional, national and international level with participation of all stakeholders in their respective roles and responsibilities effectively.

13. How can enhanced cooperation address key issues toward global, social and economic development?

Since enhanced cooperation would facilitate establishment of a mechanism to formulate international internet related public policies with the participation of all stakeholders in their respective roles from developed and developing countries, the implementation of these policies would be able to address the issues toward global, social and economic development in a better way than today.

14. What is the role of various stakeholders in promoting the development of local language content?

Development of local language content is an important element in ensuring overall socioeconomic development. All stakeholders have an important role to play in generation, dissemination and consumption of the local language content. National governments would be responsible for creation of an enabling environment including, development of relevant standards, legal protection and business opportunities. Private sector would be responsible to provide innovative solutions to the challenge. Civil society would play a very important role in supporting and generating community interest towards local language content development.

15. What are the international internet-related public policy issues that are of special relevance to developing countries?

The issues important for developing countries include accessibility, affordability and availability of the information services and technologies. The public policy issues contained in our replies to Question No. 4 are also equally important for developing countries.

16. What are the key issues to be addressed to promote the affordability of the Internet, in particular in developing countries and least developed countries?

The key issues relating to affordability of the Internet, include the following:-

• Co-location of content in geographically dispersed location along with Content Distribution Networks (CDNs)
• Lowering of Interconnection costs
• Internet Exchange Points with peering for routing local traffic and interconnection across borders
• Location of Internet “host” computers in the country and/or region.
• Regional backbones that interlink countries in the region and which also link to international backbones
• Location of the root server systems in these countries
• Interoperability and Net Neutrality - In response to the limitation posed by propriety software, alternative products such as Free and Open Source Software (FOSS) and alternative licensing regimes (for example Creative Commons, Copy left etc.) to help reduce the costs and (legal) risks associated with proprietary software and content.
• Multi-lingualization (Internationalized Domain Names and Local Language Content).
• Affordability in accessing International internet connectivity.

17. What are the national capacities to be developed and modalities to be considered for national governments to develop Internet-related public policy with participation of all stakeholders?

The national capacities that need to be considered by national governments to develop Internet related public policy include:

• Setting up of Centre of Excellence on Internet Governance and related issues.
• Establishment of R&D centers in the area of Internet related Public Policy.
• Introduction of formal courses on Internet governance in premier educational institutes for Industries, Academia & Civil Society.
• Introduction of Training and Awareness building programmes in the area of Internet Governance.
• Creation of online Knowledge Repository Portal on Internet Governance.

18. Are there other comments, or areas of concern, on enhanced cooperation you would like to submit?

Enhanced Cooperation is a dynamic process, and hence it requires periodic reassessment – based on the feedback from Governments as well as other relevant stakeholders, on any inter-governmental mechanism that is set up to oversee its operationalization.