Internet Governance

Artigo "O Marco Civil da Internet - desafios para a educação" escrito como trabalho encomendado para o EPENN 2014 GT 16: Educação e Comunicação. Publicado no livro "Assimetrias e desafios na produção do conhecimento em educação: a pós-graduação nas regiões Norte e Nordeste, organizado por Alda Maria Duarte Araújo Castro, Maria Aparecida de Queiroz e Maria das Graças Baracho. Rio de Janeiro, ANPED, 2015. paginas 145-166

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies.

Artigos elaborados como produtos finais do curso livre (2020)
Os textos apresentados a seguir foram elaborados como produtos finais do curso livre Estrutura e funcionamento da Internet: aspectos técnicos, políticas (2020), que teve como objetivo aprofundar o conhecimento sobre a estruturação, os princípios norteadores e o funcionamento da Internet e engajar e capacitar profissionais de múltiplas áreas para que possam incidir nos debates sobre políticas públicas para o setor no Brasil.

Extract from the Preface:

The publication is divided into two parts. The first part concentrates on a number of historical and theoretical or conceptual approaches to Internet Governance. The second part has a strong focus on contemporary debates concerning selected issues of the field.

The historical and theoretical contributions are initiated by a discussion regarding the Global South as a region, its historical formation in the context of decolonization, the debates on the New International Economic Order (NIEO), the New International Information and Communication Order (NIICO), and the political turn to a neoliberal agenda in which Internet Governance was developed (Oppermann). The challenges of Southern countries to participate politically and economically in this environment are then addressed and contextualized through different theoretical frameworks including International Political Economy and global International Relations, combined with a discussion on strategies and ambitions of countries in the Global South to advance their own insertion in Internet Governance (Chenou, Rojas Fuerte). Internet Governance itself as a concept from a historical perspective, including processes of institutionalization, is then addressed by Canabarro, together with a discussion of the NetMundial meeting in Brazil as a consequence of the Snowden revelations and the NSA affair. The extensive global surveillance of Internet users including governments and other organizations by the USA and some of their allies in other parts of the world increased the debates on online privacy and also on topics including power, influence and global constellations that brought questions about new forms of colonialism on the agenda. Colonization in the digital age is a topic of growing importance, especially but not only in the South, and so is the discussion on decolonization. Emanating from the debate on decolonial computing, Ali is addressing Internet Governance and the need for its decolonization. He does so by critically analyzing the North-centric discourse of Internet Governance, thus bringing a new perspective to the debates. He is then followed by Gonzales, who develops a theoretical debate on ideology, the information revolution and its impacts on and correlations with a number of manifestations that occurred in several countries in the year 2011, including Egypt, Tunisia, and others.

The debates on historical and theoretical approaches are then followed by contributions on contemporary Internet Governance issues in the Global South. This part is initiated by two chapters discussing economic and political challenges related to the Domain Name System in Southern countries. While White is discussing generic top level domains and ICANN’s new gTLD program in the Global South, Aguerre is focussing on the ccTLD environment in the South, in particular in Latin America. They are followed by a chapter on South Africa’s policy framework on ICT and Internet Governance, mostly represented by the 2016 ICT White Paper, which in combination with the 2015 draft cybersecurity bill forms the current foundation for many Internet Governance debates in the country. In this context, the three authors (Darch, Adams, and Yu) also reflect on the questions of governmental control, multilateralism, and multistakeholderism as forms of governance and participation. The following chapter picks up the topic of participation in Internet Governance processes, albeit from a different perspective. Lobato addresses the problem of regional inequality within countries, pointing out the situation of less connected rural areas in Amazonia, in the North of Brazil. She discusses central aspects like infrastructure, access costs, and digital illiteracy and also presents possible solutions for regional integration like access programs and major national events in the regions like the Brazilian Internet Forum which took place in the North of the country in 2013. How lower national access rates are no obstacle for putting the Internet on the national political and security agenda is then clarified by Workneh and the case of Ethiopia. With a national Internet access rate of about 15% and confronted with infrastructural challenges to increase this number, the country is currently following an Internet securitization debate in the context of a dispute over political opposition that often falls under the label of “terrorism”. In this chapter, Workneh discusses how the Northern discourse on a so-called “global war on terrorism” impacts the right to freedom of speech online in Ethiopia and how it increases concerns over online participation and privacy rights. Privacy and participation are also addressed in the concluding chapter of this publication developed by Kemer. She discusses privacy rights in the context of International Law and the Universal Declaration of Human Rights, followed by an analysis of the standpoints of the Brazilian government under Dilma Rousseff on privacy and online participation after the NSA surveillance activities were revealed.

The ultimate aim of this article is to analyse the role of the rising and already-existent regional courts in adjudicating terrorism as it appears in the Public International Law against the wider framework of global counter-terrorism struggle, with a special focus on the emerging category of cybercrimes/cyberterrorism, all exceptionally challenging due to the absence of the universally-agreed legal definitions or agreement on the elements constituting either of these crimes. Applying comparative law, we proceed to assess whether and how different legal frameworks and traditions – such as civil law, common law, sharia law and socialist/communist law – affect judicial cooperation between territories and regional institutions. A distinction between the first-and second-generation institutions is also made, with the conclusion that the latter (as organizations focused on trade and economic issues) drive judicial cooperation more effectively due to their more neutral outlook and greater incentives for the member-states pursuing their national interests, to comply with the rules.

National and Regional Internet Governance Forum Initiatives (NRIs) are now widely recognised as a vital element of the Internet Governance Forum (IGF) process. In fact, they are seen to be the key to the sustainability and ongoing evolution of collaborative, inclusive and multistakeholder approaches to internet policy development and implementation.

A total of 54 reports on NRIs are gathered in this year's Global Information Society Watch (GISWatch). These include 40 country reports from contexts as diverse as the United States, the Democratic Republic of Congo, Bosnia and Herzegovina, Italy, Pakistan, the Republic of Korea and Colombia.

The country reports are rich in approach and style and highlight several challenges faced by activists organising and participating in national IGFs, including broadening stakeholder participation, capacity building, the unsettled role of governments, and impact.

Seven regional reports analyse the impact of regional IGFs, their evolution and challenges, and the risks they still need to take to shift governance to the next level, while seven thematic reports offer critical perspectives on NRIs as well as mapping initiatives globally.

This paper was published as background research to the UN Internet Governance Forum's Best Practices Forum on Cybersecurity. It focuses on the development of norms, places where they can emerge, and draw from some examples to illustrate currently understood best practices. The reader is invited to build on these best practices, and join the Best Practices Forum mailing list to share them ahead of a final document, which will be published after the IGF meeting in Paris, November of 2018.

The digital convergence means that how the Internet develops going forward — both in terms of policy and technology — will shape the very environment in which all other media operate. This report makes the case to this community that they can, and must, engage in the decision-making bodies that are shaping Internet governance (IG) to ensure that the Internet — and the growing media sphere it sustains — remains open, pluralistic, and democratic.

We live in a digital era, and this requires adapting the legal system for the cyber realm.
The lawyers should understand how the Internet works, who plays which role in the Internet ecosystem, how it influences human rights, what challenges exist for the rule of law online.
The training teaches lawyers how to use the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), other international legal instruments and case law of the European Court of Human Rights (ECtHR) in daily practice in cases related to Internet usage. It focuses on developing skills of identifying human rights in legal matters, and on interpreting and evaluating the national legal rules about Internet usage by using European human rights standards and practices.