Barcamp Phnom Penh23 September 2012

http://2012.barcampphnompenh.org/

The Internet Society - Cambodia Chapter

presented by Norbert KleinISOC-KH President 2010 - 2012

nhklein@gmx.net

Internet Society – http:// w ww.isoc.org ISOC Cambodia Chapter – http://www.isoc-kh.org

(Note: The following is the text prepared for the 2012 Barcamp presentation, based on ISOC documentation, relating it to our situation in Cambodia – the text is longer than what could be presented during the time available,

while also leaving some minutes for questions and answers, as well as for discussion.)

The Internet Society (ISOC), created in 1992, is an international professional membership society, with more than 55,000 members and nearly 90 Chapters around the world. The following presents the basic value orientation of the Internet Society (abbreviated and updated, here.

Emphasis is added in some cases to highlight content by using boldface characters):

Ethics and Human Rights in the Information Society

presented at the Council of Europe/UNESCO, at a meeting on 13 -14 September 2007by Matthew Shears (in 2005 appointed as ISOC Director of Public Policy to advocate

ISOC core values for an open and accessible Internet) and by Constance Bommelaer (in 2006 appointed as ISOC Senior Manager of Public Policy)

Since its inception in 1992, the Internet Society has promoted the evolution and growth of the Internet as a global communications infrastructure, provided support for the Internet Engineering Task Force (IETF - http://www.ietf.org), and encouraged the responsible and effective use of the Internet through education, discussion and advice to public policy makers. The Internet Society’s activities - particularly in developing countries - help expand the reach of the Internet and bring benefits to people around the world.

The Internet Society works with governments, national and international organizations, Civil Society, and the private sector to pursue its objectives in a collaborative and inclusive manner. Operating at both the local level and in the global arena, the Internet Society works to make the Internet accessible for everyone, to safeguard the integrity and continuity of Internet development and operations, to support and contribute to the evolution of the Internet as an open, decentralized platform for innovation, creativity and economic opportunity.

The Internet Society has been guided by a primary principle that stresses the inclusive dimension of all its activities: “The Internet is for everyone”. This is no trivial matter and remains as powerful a statement today as it was when the Internet Society was created. “…for everyone” commits the Internet Society to a set of key drivers or core values that are principle driven and rights based...

The Internet is now a global resource, used around the world by people of all nationalities to benefit themselves and others. Unlike so many of the resources we struggle to manage in a globally sensitive way, the Internet is precious, but not exhaustible. The more who use it, the more powerful it becomes for all of us.

At the Internet Society, we believe that that global success of the Internet reflects the importance of a series of considerations that emerged from developing the technology and the protocols that enabled it... In promoting the Internet and access to it across the world, we seek to promote those values. Our vision of “The Internet is for everyone” is based upon the following core values:

• The quality of life for people in all parts of the world is enhanced by their ability to enjoy the benefits of an open and global Internet,

• Well informed individuals make up the foundation of an open and global Internet society,

• The Internet’s open and decentralized nature is the prerequisite for it to continue being a platform for innovation and creativity,

• Promoting the open development, evolution and use of the Internet for the benefit of all implies a combination of global initiatives and the local engagement of people in their home regions,

• Technical standards and Internet operating procedures should be developed and asserted through open and transparent processes, with access to information and incentives to participate for everyone,

• The social, political, and economic benefits of the Internet are substantially diminished by excessively restrictive government or private controls on computer hardware or software, telecommunications infrastructure or Internet content, but constantly affirmed and promoted by an ethical information society.

These core values are based upon the principles that underpin the evolution of the Internet itself. For example, from the early days of the Internet there has been a commitment to a powerful, user driven notion, that of bottom-up processes, in which individuals come together and solve problems and identify opportunities through a process of common agreement and understanding. This is an empowering notion, encouraging knowledge-sharing and community building.

The Internet Society’s core values embrace principles that are essential to progress, enlightenment, and the bettering of human welfare. These principles include: openness, transparency, education, freedom to information and freedom to create and innovate, etc. These are not new principles; rather they have been agreed and committed to by individuals, communities and governments around the globe. They are enshrined in a range of conventions, charters, constitutions and other documents that reflect and guide the tenets of society and individuals such as the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights...

The Internet Society believes that the Internet thrives best when these fundamental principles underpin its deployment and evolution...

The Internet Society also promotes a set of user-related abilities that echo and

illustrate these fundamental principles:

• The Ability to Connect. The edge-dominant end-to-end architecture of the Internet is essential to its utility as a platform for innovation, creativity, and economic opportunity. To preserve this quality, we will oppose efforts to establish standards or practices that would make it difficult or impossible for some users of the Internet to use the full range of Internet applications of all kinds.

• The Ability to Speak. The Internet is a powerful mass medium for self-expression which depends on the ability of its users to speak freely. We believe that the Internet must support private - and, where appropriate, anonymous - means of communication and collaboration among individuals and groups, and will oppose efforts to restrict the type or content of information exchanged on the Internet.

• The Ability to Innovate. The remarkable growth of the Internet and the limitless variety of Internet applications follow directly from the open model of Internet connectivity and standards development...

• The Ability to Share. The many-to-many architecture of the Internet makes it a powerful tool for sharing, education, and collaboration. It has enabled the global open source community to develop and enhance many of the key components of the Internet...

• The Ability to Choose. Government regulation and the economic power of incumbent telecommunication monopolies can delay or prevent the growth of the Internet by limiting the ability of competitors to provide new, better, cheaper, or more innovative Internet-related services. We advocate policies that promote competition in telecommunications, Internet services, Internet-related software, and e-commerce applications.

• The Ability to Trust. Everyone’s ability to connect, speak, innovate, share, and choose depends on the Internet’s ability to support trustworthy internetworking - ensuring the security, reliability, and stability of increasingly critical and pervasive applications and services.

The issue may be not that we need new rights because of the Internet, but that we need to reinforce existing rights because the Internet has shown how fragile they can be when new technologies or new economic models are introduced.

The Internet challenges typically hierarchical structures, whether they are societal, economic, or political in their nature. It is a tool that has evolved through empowered users and communities - its very existence encourages empowerment and its success is dependent upon it...

The Internet is about opportunity, empowerment, knowledge and freedom. It has been built on these principles and its future success is dependent upon them. Basic and fundamental rights underpin these principles and the vision that “The Internet is for everyone”. We wholeheartedly support a more consistent application of these rights and do not support or condone any activity that restricts or abuses human rights in any context, on the Internet or otherwise. The future of the Internet, and the future of those who will use the Internet, depends on our communal effort to ensure these rights are respected.

The full text is available herehttp://www.internetsociety.org/ethics-and-human-rights-information-society%E2%80%A8

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The Internet Society - Cambodia Chapter is part of this global network – located in our particular situation. Actually, there are links way back in history.

In 1996, now the Director General of the Ministry of Post and Telecommunications, Mr. Mao Chakrya and I - after I had started the first public connection to the Internet from Cambodia in 1994 - were invited by the Internet Society in 1996 for a two weeks training workshop in Montreal/Canada “for persons from countries in the early stages of inter-networking.”

According to The Cambodia Daily of 21 September 2012, Mr. Mao Chakrya has just now been appointed as Chairperson of the newly created Telecommunications Regulator of Cambodia. We do not yet know what this will bring, as he is quoted to have said that the Telecommunications Regulator of Cambodia would for now only deal with the licensing of telecommunication operators – until a proposed telecommunications law takes effect, now being drafted and at the Council of Ministers.

But there is also the Inter-Ministerial Circular on Management of Telecommunications Service Use and Corporation from 28 February 2012, signed by Deputy Prime Minister and Minister Sar Kheng [Ministry of Interior] and Minister So Khun [Ministry of Post and

Telecommunications], which affects the access and use of the Internet in the country. I quote some sections, from a non-official English translation, saying at the end that all affected institutions “shall collaborate in effectively implementing this circular after the date of signature” - that means these regulations are now already in power. The Circular says among others:

3) All telecommunications operators, sales outlets and distributors are obliged to register their business at local authorities. Meanwhile, all locations serving telephone services and Internet shall be equipped with closed circuit television camera and shall store footage data of users for at least 3 months. Telephone service corporation owners along public roads shall record National Identity Cards of any subscriber.

4) All telecommunications operators, sales outlets and distributors are obliged to take responsibilities of controlling copied National Identity Cards, identity cards or monk’s identity cards of any subscriber and ensure used data recording techniques for 6 months.

5) All telecommunications operators, sales outlets and distributors are obliged to provide necessary documents including users’ Identity Cards and used data as requested by the competent authorities for purposes of investigation of any offense which is involved in issues of national security, safety and social order. All telecommunications operators, sales outlets and distributors who are involved shall provide sufficient documents, the competent authorities have requested, at the earliest time; despite days-off, national and international holidays, there shall be any staff permanently on duty to fulfill the obligation.

6) The Ministry of Interior and Ministry of Post Telecommunicationswill task officials to permanently work with all telecommunicationsoperators; in the meantime, shall task officials to collaborate with all sales outlets and distributors who are involved in order to conduct timely investigation of data documents.

Context Reflection:The Constitution of the Kingdom of Cambodia – and the LawThere is no reference that “investigation of data documents,” which may involve the privacy of persons, shall be done based on decisions by a court, as is standard in many other countries. - The Constitution of the Kingdom of Cambodia from 1993 (when the Internet was not a reality in the country) protects the privacy of other forms of communication, and it may be argued by analogy that this should also relate to the Internet. The Constitution says:

Article 1

• Cambodia is a Kingdom with a King who shall rule according to the

Constitution and to the principles of liberal democracy and pluralism

Article 40• …• The right to privacy of residence and to the secrecy of correspondence

by mail, telegram, fax, telex, and telephone shall be guaranteed. • Any search of the house, material and body shall be in accordance

with the law.

This Inter-Ministerial Circular is not a law – it was not passed by the National Assembly, but it can be applied already.

10) The Ministry of Interior and Ministry of Post and Telecommunications request all telecommunications operators, sales outlets and distributors as well as telecommunications service subscribers to collaborate in effectively implementing the Inter-Ministerial Circular’s spirit in order to contribute to protection of social security, safety and order.

If any telecommunications operators, sales outlets and distributors do not collaborate in implementing this Inter-Ministerial Circular, the Ministry of Post and Telecommunications will take measures of withdrawing the corporation licenses.In case any telecommunications operators, sales outlets and distributors do notcollaborate in implementing this Inter-Ministerial Circular, thus becoming a cause of offense, the Ministry of Interior and Ministry of Post and Telecommunications will collaborate in collecting information and sending the case to court for legal action.

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Are we all aware that these regulations exist and can be investigated and enforced any time now? Even if we did not know them, we are still under the last paragraph above: if we do not comply, our case can go to court for legal action.

While ISOC was in its early years – in a way narrowly – technologically oriented, the fields of concern have expanded more recently. This important re-orientation happened after the technology and infrastructure aspects of the Internet were much more settled than in 1992. The Internet became, in many countries, an indispensable tool for life in the modern sectors of society, and so the social implications of having such an instrument of fast, worldwide, and relatively cheap means of communication was more and more recognized as posing also social and political questions.

Following on the creation of the position of an ISOC Director of Public Policy, and a first appointment in 2005, in 2011, Markus Kummer, an internationally recognized leader in a

broad range of Internet policy issues, was appointed by the Internet Society as Vice President of Public Policy, to promote the core values of the Internet.

In general, the Internet Society works – according to the so called “multi-stakeholder principle.” This principle started to be recognized by a majority of the governments of the world through a decision by the UN General Assembly in 2001, stating that for the 2003 and 2005 UN World Summits on the Information Society, governments should cooperate with “intergovernmental organizations, including international and regional institutions, non-governmental organizations, civil society and the private sector to contribute to, and actively participate in, the intergovernmental preparatory process of the Summit and the Summit itself” [ http://www.itu.int/wsis/docs/background/resolutions/56_183_unga_2002.pdf ].

This principle has been maintained also in the follow-up processes on the World Summits.It was demonstrated at the meeting of the UN Human Rights Council in February 2012, on the Right to the Freedom of expression on the Internet: “Internet Society Welcomes Decision by the 18th Human Rights Council for the Creation of a Multi-Stakeholder Panel on Freedom of Expression on the Internet” [ http://www.internetsociety.org/articles/internet-society-welcomes-decision-18th-human-rights-council-creation-multi-stakeholder ].

I deal with these issues here more in detail, because the conflictive differences of opinion, which showed up at that UN event, reflect also some aspects of discussions in Cambodia.

I had written in my personal blog about this UN Human Rights Council session on 4 March 2012 [ http://www.thinking21.org/?p=839 ] under the heading The Freedom of Expression – China and Cambodia – and the Internet. I had written at that time:

“I share this information here, because Mr. Xia Jingge, representing China [at the UN Human Rights Council], stated that he is not only presenting the position of his government on the issue of the Freedom of Expression on the Internet, but that he is also speaking on behalf of Cambodia, and of some other countries.”

“A non official translation of a transcript of the Statement makes it possible to see in which way the concerns expressed in the Concept Note to “identify positive and practical steps that Member States can take to respect, protect and promote the right to freedom of expression on the Internet” are implemented; Mr. Xia Jingge stated:

I am honored to deliver a joint statement on behalf of the following countries: Algeria, Bangladesh, Belarus, Burundi, Cambodia, Congo, Cuba, Democratic Peoples Republic of [North] Korea, Ethiopia, Iran, Laos, Malaysia, Mauritania, Myanmar, Namibia, Nicaragua, Pakistan, Palestine, Philippines, Russia, Saudi Arabia, Sri Lanka, Sudan, Turkmenistan, Venezuela, Vietnam, Uzbekistan, Yemen, Zimbabwe and China.

The Internet has become an indispensable tool of our daily lives and plays an important role in human development. The right to freedom of expression is one of the

fundamental human rights and should be respected and protected. Free expression of opinion, receipt and dissemination of useful information through different media, including the Internet, can further the promotion of mutual understanding and common development of the peoples.

However, freedom of expression is not absolute and should be exercised in strict accordance with the international laws, especially with respect to Article 19, 20 of the International Covenant on Civil and Political Rights and article 4 of the International Covenant on Economic, Social and Cultural Rights. Neither should it be used as a pretext for activities in violation or even destruction of human rights and elements of freedom, the absence and abuse of freedom of expression on the Internet in particular, can encroach on the rights and dignity of other individuals and social stability and security and even national security.

The Internet is often used to propagate terrorism, extremism and racism, xenophobia even ideas of toppling legitimate authorities. Moreover, the Internet is used by some groups to distort fact, exaggerate situation and provoke violence in an attempt to acetate tension it appears and gain political benefits and is also used by criminals for outlawed activities and have access to facilities. The Internet has also been used to disseminate pornographic and violent information that corrupts people’s mind, affront their cultural values and induce them to be involved in criminal activities, in this regards, children are most vulnerable and frequently become active victims. The digital divide has prevented people from developing countries from access to information through the Internet. we affirm the importance of using the Internet in compliance with Intellectual Property rights protection. At the same time, we believe any technical impediment to restrict access to the Internet in the name of intellectual property rights should not be used. We call on the international community, to cooperate to promote access to the Internet and new technology in the developing countries.

Mr. Moderator, all stakeholder of the Internet should make concerted efforts to prevent and combat the abuse of Freedom of Expression on the Internet. Internet users of all countries should respect the right and dignity of others; contribute to maintaining social stability and safeguarding national security. The Internet industry should act to foster a crime free, reliable and secure cyberspace, Governments should strengthen legislation in efforts of Internet regulation and law enforcement activities, with the aim of combating criminal activities. All countries should start as soon as possible to discussion on effective ways to promote international cooperation on Internet regulation for building safety and confidence on the Internet. Thank you, Mr. Moderator.”

It was not explained which Ministries of the Kingdom of Cambodia were involved in proposing to join the Statement presented by the representative of China also on behalf of Cambodia.

The Internet Society presented our position that the success of the internet “is based on an open and collaborative approach to technology development.”

“The core values of the internet pioneers are deeply rooted in the belief that the human condition can be enhanced through the reduction of communication and information barriers,” ISOC Vice-President for Public Policy Markus Kummer, said. “These unique enabling qualities of the internet should be preserved.” - “Governments have the responsibility to enforce the laws that are in place. However, they also have the obligation to guarantee fundamental rights. There have been many examples of technological measures used to restrict access to content deemed undesirable, without due regard to the potential impact on individuals’ capacity to exercise their fundamental rights.”

At the Annual General Meeting of Internet Society - Cambodia Chapter, on 15 September 2012, the importance of being aware and sharing such awareness of these core values was discussed and considered as one of the most important fields for our work during our activities.