[Ecommerce] FYI: US Comments on March 21 WSIS Draft Declaration and Action Plan

[Manon Anne Ress]

The U.S. Contribution to the WSIS can be found at
http://www.state.gov/e/eb/cip/wsis/ under key documents. It will also be
posted to the WSIS website shortly as document 47.

For now:
http://www.state.gov/e/eb/cip/wsis/c8160.htm	
										Cut and paste: 	  	

United States of America Comments on the March 21st Version of the WSIS 
Draft Declaration and Action Plan

May 29, 2003

Introduction

In Resolution 56/183 the United Nations (UN) General Assembly endorsed 
the framework established by the International Telecommunication Union 
(ITU) to convene a World Summit on the Information Society (WSIS). 
Resolution 56/183 specifically acknowledges the need for leaders at the 
highest political levels to ?marshal the global consensus and commitment 
required to promote the urgently needed access of all countries to 
information, knowledge and communication technologies for development so 
as to reap the full benefits of the information and communication 
technologies revolution.? The United States of America supports this 
objective and sees the discussions underway in the WSIS preparatory 
process as a complement to and continuation of the ongoing global 
dialogue in a variety of international and regional fora including the 
ITU, UNESCO, WIPO, Council of Europe and other international 
organizations as well as in the Inter-American Commission on 
Telecommunications (CITEL), the Organization for Economic Cooperation 
and Development (OECD), and the forum for Asia Pacific Economic 
Cooperation (APEC). Actions adopted by the WSIS should not duplicate or 
undermine well-established, consensus work in these and other fora.

General Comments

Information and communication technologies (ICTs) play a critical role 
in sustainable economic and social development. Access to information 
requires an environment that promotes the creation of knowledge and 
ideas. The realization of the digital opportunities afforded by the 
information society can contribute to a better life for all citizens 
through the promotion of democracy, transparency, accountability and 
good governance. The United States urges participants to use this unique 
opportunity to reaffirm and implement Article 19 of the Universal 
Declaration of Human Rights that recognizes the right of each individual 
to seek, receive and impart information and ideas through any media and 
regardless of frontiers. All of these points should be clearly captured 
in the common vision put forth by the WSIS.

While it is important to exchange views on the variety of applications 
supported by the information society, it is essential to first ensure 
that the fundamental building blocks are in place. First, the WSIS 
should encourage governments to focus on creating, within their own 
nations, the appropriate legal, regulatory, and policy environment that 
encourages privatization, competition, liberalization and intellectual 
property protection and enforcement. The development of and access to 
basic telecommunication services and content is the next step. A truly 
global information society will be based on the development of local 
content and the freedom of individuals to access the culture of their 
choosing in the language of their choosing. Finally, ensuring confidence 
and security in the use of these networks is essential to building a 
global information society.

Harnessing the power of the information society requires the active 
participation of all stakeholders ? governments, the private sector and 
civil society. In particular, the role of the private sector as the 
driver of innovation and the essential nature of private investment in 
the development of the world?s communications and information networks 
and facilities is critical. As such, the United States suggests that the 
documents emphasize the role of the private sector and the value of 
competition.

The United States directs its comments to the specific thematic 
principles as referenced in the draft Declaration of Principles and 
draft Plan of Action:

1) Information and communication infrastructure

Without an adequate infrastructure at the local and national levels, it 
is impossible for our citizens to fully interact in the global 
information society. The WSIS draft Declaration of Principles and draft 
Plan of Action currently assign insufficient weight and prioritization 
to the vital roles of private investment and competition to the 
development, deployment, maintenance, and modernization of the world?s 
communications and information networks and facilities. A high priority 
must be placed on the need for national policies and international 
principles that promote investment, innovation and competition - all key 
elements to expanding information flows and promoting the build-out of 
communication infrastructure throughout the world. New technologies, 
fostered by a pro-competitive marketplace, hold the promise of driving 
down consumer costs and stimulating technical and market innovation. We 
believe that implementing clear and effective policies, good governance, 
and private sector investment, are keys to the growth of information and 
communication infrastructure.

2) Access to information and knowledge

The United States agrees that a knowledge-based society depends upon 
access to and availability of information, based on the principle of 
free flow of information and news. Information will come from a wide 
variety of sources ? public and private, commercial and non-commercial, 
proprietary and public domain. Scientific progress depends upon the 
availability of data so that scientists may replicate and verify results 
and build upon existing knowledge. The Declaration of Principles and 
Plan of Action must recognize intellectual property as a vital component 
of the Information Society. Existing international intellectual property 
agreements provide a valuable mechanism through which to protect 
intellectual investment and encourage the creation and dissemination of 
works. These agreements encompass and reflect a balance between the 
interests of owners and users of intellectual property. Indeed, this 
balance is struck so that owners and creators are encouraged to develop 
and disseminate their works to the public for broader use.

Market conditions have led to the development and expansion of Internet 
infrastructure and services. The United States believes that Internet 
infrastructure and services should be market-driven and that Internet 
interconnection agreements should continue to be negotiated on a 
private, commercial basis. We object to the statement ?guidelines on 
Internet contracts should be established and existing contracts for 
Internet traffic renegotiated? (paragraph 15 of the draft Action Plan).

It is important to draw a distinction between open source software and 
open standards. The WSIS documents currently discuss the two issues in a 
manner that creates confusion. Open standards generally refer to 
technical standards or specifications that are developed through a 
well-defined process. Open standards can improve interoperability and 
may facilitate interactions ranging from information exchange to 
international trade, thus fostering market competition. Because of these 
benefits, the use of open standards is encouraged whenever practicable. 
Open source software is a term used to describe software that is 
intended to be openly distributable, under a variety of different 
licensing arrangements. The United States recognizes that open source 
software can contribute to increased access and diversity of choice but 
it is only one of many possible models for the development of software. 
The WSIS documents should not promote one over the other (i.e. open 
source vs. proprietary), but should instead foster the availability of 
diverse alternatives and the freedom to choose among those alternatives. 
In short, the WSIS should remain neutral with respect to different 
technologies and modes of technology development.

The United States believes that the WSIS should affirm the right of all 
individuals to freedom of opinion and expression, including freedom to 
hold opinions without interference and to seek, receive and impart 
information and ideas through any media regardless of frontiers, as set 
forth in Article 19 of the Universal Declaration of Human Rights (UDHR). 
We believe that the WSIS draft Declaration of Principles and draft Plan 
of Action should refer to these rights as stated in the Universal 
Declaration. Rather than seeking to create additional rights at the 
WSIS, States should implement the obligations that they have assumed 
under human rights treaties. In this vein, we believe that individuals 
should have the freedom to communicate, access information and pursue 
development. Furthermore, the U.S. supports equitable access to ICT for 
women, youth, remote populations, and persons with disabilities.

3) The role of governments, the business sector and civil society in the 
promotion of ICTs for development

The U.S. supports a prominent role for the private sector and civil 
society at the WSIS, as envisioned in UNGA Resolution 56/182. The 
private sector is the primary investor in, and innovator of, 
infrastructure, products, content, and services. The views of civil 
society represent the disparate views of a variety of information 
society participants and need to be carefully integrated into national, 
regional and international development strategies. All governments 
should strengthen public institutions by facilitating the development of 
necessary infrastructure and by promoting transparency, accountability 
and fair administrative and judicial institutions. The WSIS should 
recognize that an environment that encourages public-private 
partnerships is essential to ensuring a sustainable information society.

4) Capacity building

The development of the information society depends on achieving basic 
education for all, including ICT literacy and workforce skills. Without 
the necessary literacy, education, and training, individuals will not be 
able to use available infrastructure and ICT to realize their human 
potential ? and will not be able to access the larger world that 
composes the information society. Optimizing the use of technology can 
contribute to educational development. We should encourage schools to 
serve as community technology centers in order that persons can take 
advantage of their ICT resources. Therefore, the WSIS should acknowledge 
existing capacity building exercises underway at the national, regional, 
and international levels. Particular emphasis should be placed on the 
need to not only educate users but also policy makers and regulators. 
Furthermore, we believe it is beneficial for WSIS to harness volunteers 
to help educate businesses and entrepreneurs with the ICT skills and 
knowledge to operate more efficiently and to compete in the global economy.

5) Building confidence and security in the use of ICTs

Security of, and confidence in, ICT infrastructures are essential if the 
economic and social benefits of these technologies are to be achieved. 
Security requires action by all countries to prevent malicious activity 
and defend cyberspace through national action and cross border 
cooperation. The WSIS should endorse a global approach to cybersecurity 
rather than urging the creation of a global instrument on this topic. 
The WSIS should promote the adoption of effective substantive and 
procedural laws to counteract electronic crime; prevention of and 
defense against threats to cyber infrastructures; encouragement of 
information-sharing regarding computer emergency response; and support 
for existing international and regional mechanisms. In addition, WSIS 
should encourage all participants in ICT networks (governments, 
businesses, other organizations and individual users who develop, own, 
provide, manage, service and use ICT systems and networks) to join 
together to raise awareness of network security and to create a global 
culture of cybersecurity.

6) Enabling environment

To maximize the economic and social benefits of the Information Society, 
it is critical for all stakeholders to work together to create a clear, 
market-based, legal framework and supportive policy environment, capable 
of promoting technological innovation and competition, thus favoring 
investment in infrastructure and development of new services. This 
policy framework should promote competition, increased trade 
liberalization and private sector investment, including adherence to the 
WTO Basic Telecommunications Services Agreement, and support the 
private, commercial negotiation of Internet interconnection agreements. 
Countries should adhere to and fully implement existing multilateral, 
regional and bilateral agreements regarding intellectual property 
protection such as the WTO Agreement on Trade Related Aspects of 
Intellectual Property Rights and the 1996 WIPO Copyright Treaty and 
Performances and Phonograms Treaty treaties concerning copyright and 
related rights. In addition, the management of the Internet domain name 
and address system should take place via a public-private partnership 
that operates in an open and transparent manner to preserve and enhance 
the necessary global interoperability and coordination of the Internet's 
unique identifier system while recognizing its technical limitations and 
requirements.

7) ICT applications

The information society is dependent upon the ubiquitous deployment of 
ICT networks and access to the variety of applications that can enhance 
all aspects of our daily lives. The WSIS should highlight the promise 
that applications such as e-government, e-health, e-commerce, and 
e-learning hold, while also recognizing that there is no 
one-size-fits-all solution to the myriad of development challenges 
facing each country. ICTs offer tremendous potential to advance 
education through distance learning programs, teacher training, and 
access for teachers and students alike to the vast pools of information 
and knowledge. ICTs provide businesses and entrepreneurs access to new 
national, regional and global markets and also create opportunities for 
training in modern business skills. E-government offers new 
possibilities for re-defining the relationship between government and 
the citizenry it serves. E-health services may serve to facilitate 
access to health care information and services. We note that Article 25 
of the UDHR states ?everyone has the right to a standard of living 
adequate for the health and well-being of himself and of his family, 
including ? medical care?.?. We support the freedom of everyone to seek 
healthcare services and information. However, the United States 
disagrees with the statement that ?access to healthcare information and 
services is a basic right,? which goes beyond rights established under 
existing human rights treaties.

8) Cultural identity and linguistic diversity, local content and media 
development

Cultural diversity requires the free flow of information and content in 
cultures and languages of individuals? choosing. It is important for 
governments to sustain an environment that does not deny individuals 
free choice of contemporary cultural products or language. Attempts to 
restrict or legislate against specific cultures or languages would 
create an artificial barrier against cultural growth and cultural 
pluralism. The broad dissemination of content from all cultures and 
languages must be preserved. Governments that choose to support the 
development of local content in local languages for dissemination 
through ICTs should recognize the importance that intellectual property 
rights play in such development, and should ensure that their citizens 
can benefit from an effective intellectual property regime.

9) Ethical Dimensions

The United States supports the right of everyone to freedom of opinion 
and expression, including freedom to hold opinions without interference 
and to seek, receive and impart information and ideas through any media 
regardless of frontiers, as set forth in Article 19 of the Universal 
Declaration of Human Rights (UDHR). We acknowledge that the exercise of 
this right carries certain duties and responsibilities and that it may 
be subject to certain restrictions, as provided by law in accordance 
with Article 19 of the International Covenant of Civil and Political 
Rights (ICCPR). As we noted in the declaration that we made when the 
United States ratified the ICCPR, we believe that States Parties to the 
ICCPR should, wherever possible, refrain from imposing restrictions on 
the rights protected by the Covenant, including in particular the 
restrictions provided for in Art. 19(3) of the ICCPR.

10) International and regional co-operation

Regional and international organizations have proven to be extremely 
effective in facilitating policy formulation, infrastructure development 
and capacity building - all toward the aim of building a knowledge-based 
economy. The WSIS should recognize, and not call for duplication, of the 
extensive body of work already underway in the global and regional 
bodies. A global consensus has emerged with respect to the need to 
create digital opportunities that allow all of the world's citizens to 
fully realize the benefits that ICTs afford.

Conclusions

The United States views the current draft documents as an earnest 
attempt to collate all of the input received via the preparatory 
process. As the current documents are a reflection of many of the ideas 
presented but not yet debated, the United States believes that it is 
important for participants to carefully consider all views presented and 
to seek to ensure that the final documents reflect only the points where 
a truly global consensus was achieved.

The current drafts need to be pared back to enumerate the key concepts 
and actions necessary to achieve sustainable development of the 
information society. Specifically, the principles articulated should be 
concise, clear and specific only to the degree appropriate for 
high-level political endorsement. In addition, the final Declaration of 
Principles and Action Plan adopted in Geneva in December 2003 should be 
complementary in nature. The specific activities called for in the Plan 
of Action should directly correlate with the issues articulated in the 
Declaration of Principles. In this regard, detailed rationales for the 
actions are unnecessary.

Taken in concert with the contributions from the various stakeholders, 
the United States believes that the WSIS provides a unique opportunity 
for the global community to reaffirm ongoing activities and efforts in 
other fora that are contributing to WSIS objectives. We look forward to 
working with colleagues throughout the WSIS process and we are confident 
that a global consensus will emerge that appropriately addresses the 
concerns of all stakeholders.

[end]
	
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-- 
Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176