CC Korea, 정보법학회, 하자센터 공동주최 특별포럼 "인터넷을 둘러싼 권력전쟁" 중

1. WCIT-12
What Happens Next
Susan Crawford
@scrawford
scrawford@scrawford.net
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2. International Telecommunications
Regulations (ITRs)
• Must fit within ITU Convention and Constitution
• Establish general standards for interconnection and
charges for 1988-era telecommunications (traditional
telephony)
• US view: ITRs do not cover content or “information
services” (Internet services)
• US view: Not appropriate to threaten the Internet with
top-down government regulation at the expense of
multistakeholder processes that have encouraged
economic growth and wealth creation of the Internet
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3. Russian Proposals
• “Member States shall have equal rights to manage the
Internet, including in regard to the allotment, assignment and
reclamation of Internet numbering, naming, addressing and
identification resources and to support for the operation and
development of basic Internet infrastructure.”
• “Member States shall have the sovereign right to establish
and implement public policy, including international policy, on
matters of Internet governance, and to regulate the national
Internet segment, as well as the activities within their
territory of operating agencies providing Internet access or
carrying Internet traffic.”
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4. European Telecommunications Network
Operators (ETNO) Proposals
National regulators “shall endeavour to provide sufficient
telecommunications facilities to meet requirements of and
demand for international telecommunication services. For
this purpose, and to ensure an adequate return on
investment in high bandwidth infrastructures, operating
agencies shall negotiate commercial agreements to achieve
a sustainable system of fair compensation for
telecommunications services and, where
appropriate, respecting the principle of sending party
network pays.”
National regulators “shall cooperate in the development of
international IP interconnections providing both, best effort
delivery and end to end quality of service delivery.”
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5. ITU-T Deep Packet Inspection
• "Requirements for Deep Packet Inspection in
Next Generation Networks” adopted during
World Telecommunication Standardization
Assembly, or WTSA - ITU-T meeting
– requires inspection of encrypted communications
– no acknowledgment of privacy concerns
• Troubling in light of calls from Russia and a
number of Middle Eastern countries to make ITU-
T Recommendations mandatory for Internet
technology companies and network operators to
build into their products.
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6. India Proposals
“Member States shall promote cost-oriented pricing.
Regulatory measures may be imposed to the extent
that this cannot be achieved through market
mechanisms and to the extent that such measures
do not hinder competition.”
“Member States are free to levy fiscal taxes on
international telecommunication services in
accordance with their national laws.”

7. No consensus
• 40% did not sign (stay with 1988 ITRs)
– Inclusion of Internet not appropriate, particularly re
content issues
– Human rights amendment hijacked by Iran
– Deal re Internet governance reached in small room
(bad process)
• Government control over definition of spam and
security issues not desirable
• Multistakeholder approach to Internet issues
needed
• But – ITRs improved through discussion
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8. Implications
• World is discussing the Internet
• ITU plenipot meeting in 2014
– WCIT could not conflict with constitution/charter
– All could be on the table in 2014
• Risk to free flow of Internet communication
are substantial
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9. Goals and principles
• Arguments in favor of free and open Internet
are compelling
• Internet creates opportunities for citizens to
communicate, for consumers, for
entrepreneurs - benefits for society.
• South Korea could be a leader for free and
open Internet
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