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11. The Privatization of Human Rights: Illusions of Consent, Automation and Neutrality

Author:
Emily Taylor
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The Internet enables the free flow of information on an unprecedented scale but to an increasing extent the management of individuals’ fundamental rights, such as privacy and the mediation of free expression, is being left in the hands of private actors. The popularity of a few web platforms across the globe confers on the providers both great power and heavy responsibilities. Free-to-use web platforms are founded on the sale of user data, and the standard terms give providers rights to intrude on every aspect of a user’s online life, while giving users the Hobson’s choice of either agreeing to those terms or not using the platform (the illusion of consent). Meanwhile, the same companies are steadily assuming responsibility for monitoring and censoring harmful content, either as a self-regulatory response to prevent conflicts with national regulatory environments, or to address inaction by states, which bear primary duty for upholding human rights. There is an underlying tension for those companies between self-regulation, on the one hand, and being held accountable for rights violations by states, on the other hand. The incongruity of this position might explain the secrecy surrounding the human systems that companies have developed to monitor content (the illusion of automation). Psychological experiments and opaque algorithms for defining what search results or friends’ updates users see highlight the power of today’s providers over their publics (the illusion of neutrality). Solutions could include provision of paid alternatives, more sophisticated definition and handling of different types of data — public, private, ephemeral, lasting — and the cooperation of all stakeholders in arriving at realistic and robust processes for content moderation that comply with the rule of law.
Topic:
Conflict Resolution, Human Rights, Human Welfare, Science and Technology, and Governance
Political Geography:
Global Focus

12. A Pragmatic Approach to the Right to Be Forgotten

Author:
Nigel Shadbolt, Wendy Hall, and Keiron O'Hara
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In May 2014, the world of privacy regulation, data handling and the World Wide Web changed dramatically as a result of judgment C-131/12 in the CJEU. The so-called Google Spain decision confirmed that EU data protection legislation gives data subjects the right to request search engines to de-index webpages that appear in the search results on their names. The search engine is not obliged to agree to such requests — certain conditions have to be met and tests applied — but it is not free simply to ignore them. The decision drew on the 1995 DPD2 and the Charter of Fundamental Rights of the European Union, and is consistent with a general direction toward more aggressive protection of privacy rights in Europe, as evidenced by the annulment of the Data Retention Directive, also in 2014 (CJEU 2014). Nevertheless, despite these antecedents, it has been seen as a major step in establishing a right to be forgotten.
Topic:
Science and Technology, Communications, Mass Media, Global Markets, Information Age, Digital Economy, and Privacy
Political Geography:
United States and Global Focus

13. Patents and Internet Standards

Author:
Jorge L Contreras
Publication Date:
04-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In recent years, high-pro le lawsuits involving standards- essential patents (SEPs) have made headlines in the United States, Europe and Asia, leading to a heated public debate regarding the role and impact of patents covering key interoperability standards. Enforcement agencies around the world have investigated and prosecuted alleged violations of competition law and private licensing commitments in connection with SEPs. Yet, while the debate has focused broadly on standardization and patents in the information and communications technology (ICT) sector, commentators have paid little attention to differences among technology layers within ICT. A review of case statistics shows that patent ling and assertion activity is substantially lower for Internet- related standards than for standards relating to telecommunications and other computing technologies. This paper analyzes historical and social factors that may have contributed to this divergence, focusing on the two principal Internet standards bodies: the Internet Engineering Task Force (IETF) and the World Wide Web Consortium (W3C). It offers a counternarrative to the dominant account portraying standards and SEPs as necessarily fraught with litigation and thereby in need of radical systemic change. Instead, it shows how standards policies that de-emphasize patent monetization have led to lower levels of disputes and litigation. It concludes by placing recent discussions of patenting and standards within the broader context of openness in network technologies and urges both industry participants and policy makers to look to the success of Internet standardization in a patent-light environment when considering the adoption of future rules and policies.
Topic:
Science and Technology, International Security, and Information Age
Political Geography:
Global Focus

14. The Case for Intellectual Property Rights: Should Patents Be Strengthened, Weakened or Abolished Altogether?

Author:
Joel Blit
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The case for patents rests crucially on three conditions: that innovation is undersupplied in the absence of patents; that patents promote increased innovation; and that the welfare benefits of any additional innovation outweigh the welfare costs associated with the temporary monopoly that patents generate. While it is probably true that innovation is undersupplied, the empirical evidence is mixed on whether patents foster innovation. This may be due to patents stifling cumulative innovation because of holdup and ex ante uncertainty over patent rights. This policy brief recommends that to reduce the potential for holdup, uncertainty around patent rights should be reduced. Patents should be easily searchable and more easily understood by non-legal experts. In addition, patents should be narrower and more clearly demarcated. To the extent that the welfare costs of patents appear to outweigh their benefits, the requirements for obtaining a patent should be tightened. Further, patents should be made less broad and, concomitant with the reduction in the length of the product cycle, the length of patents should also be reduced.
Topic:
Human Welfare, Science and Technology, and Communications

15. Combatting Cyber Threats: CSIRTs and Fostering International Cooperation on Cybersecurity

Author:
Samantha Bradshaw
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper examines the role of computer security incident response teams (CSIRTs) in the emerging cyber regime complex and asks what might be driving the lack of trust and information sharing within the community. ThePow commercialization of cyber security and threat vulnerabilities, the Internet’s development as a new power domain, the growth of the CSIRT community and the emergence of a cyber regime complex are examined as factors that are giving rise to and exacerbating existing problems around information sharing and trust.
Topic:
National Security, Science and Technology, International Security, and Cybersecurity
Political Geography:
Global Focus

16. Toward a Social Compact for Digital Privacy and Security

Publication Date:
04-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
On the occasion of the April 2015 Global Conference on Cyberspace meeting in The Hague, the Global Commission on Internet Governance calls on the global community to build a new social compact between citizens and their elected representatives, the judiciary, law enforcement and intelligence agencies, business, civil society and the Internet technical community, with the goal of restoring trust and enhancing confidence in the Internet. It is now essential that governments, collaborating with all other stakeholders, take steps to build confidence that the right to privacy of all people is respected on the Internet. This statement provides the Commission’s view of the issues at stake and describes in greater detail the core elements that are essential to achieving a social compact for digital privacy and security.
Topic:
Security, Science and Technology, Communications, Mass Media, Governance, Digital Economy, and Internet
Political Geography:
Global Focus

17. Climate Technology Partnerships: Form, Function and Impact

Author:
Arunabha Ghosh, Anupama VijayKumar, and Sudatta Ray
Publication Date:
10-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
With halting progress in climate negotiations, there are growing calls for partnerships among self-selected pools of countries, in the expectation that they would facilitate consensus (among both developed and developing countries) and result in faster decision making. In critically examining such a claim, this paper asks: what kinds of partnerships could facilitate coordinated climate-related action across several countries? By focusing largely on technology partnerships (a key demand in climate negotiations), it examines characteristics of successful partnerships and the conditions under which they are created and sustained. While the motivations of existing partnerships are diverse, their functional scope has remained limited. A review of more than 30 initiatives reveals that very few had been designed to extend beyond sharing knowledge and some preliminary research and development activities. Even fewer had enlarged functional focus on actual transfer of equipment, joint production or extensive deployment mandates. The paper intensively analyzes the purpose, membership and governance of four partnerships. Drawing on their lessons, the paper identifies critical features — appropriate financing, leveraging capacity, flexible intellectual property rules and coordination across several institutions — which could become the foundation of new partnerships to deliver measurable action and possibly increase trust among negotiating parties.
Topic:
Climate Change, Development, Energy Policy, Science and Technology, Intellectual Property/Copyright, and Governance
Political Geography:
Global Focus

18. The Digital Trade Imbalance and Its Implications for Internet Governance

Author:
Susan Ariel Aaronson
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Today, information is currency; it facilitates productivity, exchange, technology and trade. Information is also the building block of the digital economy (an economy based on digital technologies — products and services that facilitate the creation, storage, analysis and sharing of data and information). Although many countries are gaining expertise and market share, one country, the United States, dominates both the global digital economy and digital trade (commerce in products and services delivered via the Internet). The United States is also the key force behind efforts to develop a system of trade rules to govern cross-border information flows.
Topic:
Economics, Science and Technology, Mass Media, and Digital Economy
Political Geography:
Global Focus

19. The Case for Intellectual Property Rights: Should Patents Be Strengthened, Weakened or Abolished Altogether?

Author:
Joel Blit
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The case for patents rests crucially on three conditions: that innovation is undersupplied in the absence of patents; that patents promote increased innovation; and that the welfare benefits of any additional innovation outweigh the welfare costs associated with the temporary monopoly that patents generate. While it is probably true that innovation is undersupplied, the empirical evidence is mixed on whether patents foster innovation. This may be due to patents stifling cumulative innovation because of holdup and ex ante uncertainty over patent rights. This policy brief recommends that to reduce the potential for holdup, uncertainty around patent rights should be reduced. Patents should be easily searchable and more easily understood by non-legal experts. In addition, patents should be narrower and more clearly demarcated. To the extent that the welfare costs of patents appear to outweigh their benefits, the requirements for obtaining a patent should be tightened. Further, patents should be made less broad and, concomitant with the reduction in the length of the product cycle, the length of patents should also be reduced.
Topic:
Human Welfare, Science and Technology, Intellectual Property/Copyright, and Governance
Political Geography:
United States

20. On the Nature of the Internet

Author:
Leslie Daigle
Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper examines three aspects of the nature of the Internet: the Internet's technology, general properties that make the Internet successful and current pressures for change. Current policy choices can, literally, make or break the Internet's future. By understanding the Internet — primarily in terms of its key properties for success, which have been unchanged since its inception — policy makers will be empowered to make thoughtful choices in response to the pressures outlined here, as well as new matters arising.
Topic:
Development and Science and Technology