The most troubling parts of leaked 'compromise text'
by .Nxt | 8 Dec 2012 |
A leaked draft of a so-called "compromise text" to be introduced on the first day of the second week of the WCIT conference contains a number of proposed changes that will have some governments and most Internet organizations fuming.
Here are the most troublesome parts:
MOD 3.3: A Member State has the right to know the international route of its traffic where technically feasible.
This was already a controversial proposal, with civil society groups claiming that it would allow for widespread online monitoring.
The addition of the word "international" is this text makes it plain that the intent is to track traffic not just within a country's own borders but outside as well.
Article 3A - The Internet
This new article was first proposed in the (late) submission by Russian - contribution 27 - and then revised four days later. The revised version still contains a number of significant concerns however, not least being the expansion of the ITRs, run by the ITU, to the issue of Internet governance.
Many governments, including the US and EC, don't feel the ITRs should have anything to do with Internet governance and have promised to fiercely oppose any such introduction.
Articles 3B and 3C
Article 3B has appeared for the first time in this draft text and directly threatens the current Internet governance models.
ARTICLE 3B -- Numbering, naming, addressing, and identification resources
3B.1 Member states have the right to manage all naming, numbering, addressing and identification resources used for international telecommunications/ICT services within their territories.
3B.2 Member States shall endeavour to ensure that international naming, numbering, addressing and identification resources are used only by the assignees and only for the purposes for which they were assigned and that unassigned resources shall not be used. Member States shall also endeavour to prevent misuse and misappropriation of these resources.
(Calling Line Identification)
3B.3 Member States shall endeavour, through various channels open to them, to ensure that operating agencies:
- implement Originating Identification (OI) features, where technically possible; including at least presentation of country code, national destination code or equivalent origination identifiers in accordance with the relevant Recommendations of ITU
- use appropriate standards when implementing OI features,
- maintain end to end the integrity and correctness of OI
- ensure that the requirements associated with data protection and data privacy are met;
Article 3C on the other hand pulls in wording around the issue of cybersecurity that was previously suggested as a new article 5A.
But moving the measures to Article 3 - International Network - from Article 5 - Safety of Life and Priority of Telecommunications - it is immediately clear that the text proposes handing significant cybersecurity issues to the ITU and would put cybersecurity issues under the jurisdiction of the ITRs. In other words, the UN would be giving itself oversight of security on the Internet.
ARTICLE 3C - Confidence and Security of Telecommunications/ICTs
3C.1 Member States shall undertake appropriate measures, individually or in cooperation with other Members states, to ensure Confidence and Security of Telecommunications/ICTs.
3C.2 Issues related to security include physical and operational security of networks; denial of service attacks; countering unsolicited electronic communication (e.g Spam); and protection of information and personal data (e.g. phishing). (personal data)
3C.3 Member States, in accordance to national law, should cooperate with each other to investigate, prosecute, correct and repair security breaches and incidents as appropriate and in timely manner.
(Role of Operating Agencies)
3C.4 Member States should endeavour to ensure that operating agencies and other concerned entities provide and maintain, to the greatest extent practicable, confidence and security of telecommunications/ICTs.
(Cooperation between Operating Agencies)
3C.5 Member States shall endeavour to ensure that operating agencies and other concerned entities cooperate with their counter parts in other Member states in ensuring confidence and security of telecommunications/ICTs as appropriate and in timely manner.
3C.6 Member States shall endeavour to ensure that operating agencies take the appropriate measures to prevent the propagation of unsolicited electronic communication/spam. Member States are encouraged to cooperate in that sense.
(Combating network fraud)
3C.8 Member States shall endeavour to ensure that operating agencies take the appropriate measures to combat network fraud.
A change to this article for the first time adds the words "of any type related to voice and broadband services" - making it explicit that the ITRs would extend beyond traditional telecoms and encompass the Internet.
MOD 4.2 Member States shall ensure that operating agencies cooperate within the framework of these Regulations to provide by mutual agreement, a wide range of international telecommunication/ICT services of any type related to voice and broadband services, which should conform, to the greatest extent practicable, to the relevant Recommendations of the ITU.