Deconstructing the WSIS+10 non-paper

Update: the non-paper is now available on the United Nations General Assembly (UNGA) website for the preparatory process for the WSIS+10 review. The date for submissions of comments on the non-paper has also been extended from 14 September to 18 September. When this blog was originally published, the non-paper had not been published officially, but had been sent to the IGF 2015 MAG mailing list on preparations for the main session on WSIS+10.

First, if you want some background into what the non-paper is, who made contributions to it, and where it sits in the overall United Nations General Assembly (UNGA) preparatory process for the High Level Meeting on the WSIS+10 Review, see my other blog post, Background to the WSIS+10 non-paper.

The co-facilitators of the preparatory process have done a remarkable job of distilling almost 400 pages of contributions into just over 4 pages of the non-paper (not counting 2 pages of letters at the front). Unfortunately, unless you speak fluent UN-ese, even those 4 pages are likely to be a bit confusing.

First WSIS+10 preparatory meeting in New York, 1 July 2015

First WSIS+10 preparatory meeting in New York, 1 July 2015

A quick overview of the non-paper’s contents

Would you believe that the word “Internet” appears 15 times in the four and a bit pages compared to only 8 references to “ICTs” and 5 references to the “digital divide”? It seems that the World Summit on the “Information Society” has turned into 10-year review of the “Internet Society” (and no, I’m not talking about ISOC). This is both probably somewhat alarming to some stakeholders and also to be expected, given the Internet is becoming a fundamental tool for so much of the world’s activities these days.

In short, the non-paper says:

  • A lot has been achieved, but there is still much to do to bridge evolving forms of the digital divide.
  • ICTs can play a major role in achieving the Sustainable Development Goals.
  • Multistakeholder cooperation and engagement is supported.
  • There is a need for gender equality.[1]
  • There should be “universal Internet access” by 2030.
  • Governance of the Internet should involve all stakeholders.
  • There is a need for the internationalization of Internet governance, including the full implementation of enhanced cooperation.
  • Extend the mandate of IGF, but with a few things that need possible improvement.
  • Cooperate globally to combat cybercrime and cyber-threats.
  • Put more effort into financing ICT development activities.
  • There needs to be better data collection and analysis to better evaluate progress on WSIS issues.
  • Keep reviewing WSIS outcomes annually and have another review of WSIS in the future.

WSIS+10 non-paper reconstructed in plain English and bullet points

The WSIS+10 non-paper contains three main types of content:

  1. Basic statements of fact and/or general consensus beliefs about WSIS issues
  2. Principles that WSIS should follow
  3. Ways forward for post-2015 WSIS

Below is a summary of the suggested principles and post-2015 landscape. Please note that I have edited the text of the original non-paper for clarity and brevity. The headings, however, are straight from the non-paper.

Ways forward for post-2015 WSIS

Digital divide

  • Increase the number of women with Internet access.
  • Ensure:
    • ICTs are affordable and relevant
    • Content is available in different languages and formats that are accessible to all people
    • People have the capabilities to make use of ICTs.
  • Encourage all stakeholders to take measures to achieve universal Internet access by 2030.
  • Increase efforts in capacity building, technology transfer, and multilingualism.

ICT for development

  • Use ICTs as a critical enabler to achieve the Sustainable Development Goals.

Internet governance

  • Further the internationalization of Internet governance, including:
    • Greater participation of developing countries
    • The full implementation of Enhanced Cooperation.
  • Extend the Internet Governance Forum‘s mandate for [x] years AND:
    • Consider the need for clearer terms of reference for IGF’s governing structure, working methods, and outcomes.
    • Continue building upon current efforts to ensure support for the participation of least developed countries, landlocked developing countries and small island developing States.

Cyberspace

  • Increase global efforts and cooperation in combating cybercrime and countering cyber-threats.

Follow-up and review

  • Mobilize domestic public and private resources to spur ICT access and content creation, particularly in a wider range of languages.
  • Review the lack of progress in the Digital Solidarity Fund.
  • Encourage official development assistance and financial flows, including foreign direct investment, to developing countries that need the most assistance in achieving ICT goals.
  • More capacity building.
  • Give ICT a prominent profile in the new technology mechanism established by the Addis Ababa Action Agenda.
  • Prioritize cross-cutting technical challenges that affect the implementation of Tunis Agenda Action Lines, including:
    • The deployment of lPv6
    • The deployment of Internet Exchange Points
    • The resilience of international ICT networks and resources
  • Improve data collection and measurement so it’s easier to assess how well WSIS goals are being achieved.
  • Keep reviewing WSIS outcomes annually, and hold another overall review in the future.

Principles that WSIS should follow

Digital divide

  • Commit to mainstream gender in WSIS implementation, notably through the Action Lines.

Human Rights

  • The same rights that people have offline must also be protected online.
  • All human rights and fundamental freedoms, including the right to development, to achieve the WSIS vision.
  • Respect freedom of expression, the independence of press and the right to privacy.
  • No person shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home, or correspondence,c onsistent with countries’ obligations under international human rights law.

ICT for development

  • Mitigate the environmental impacts of ICT use and growth.

Internet governance

  • Governance of the internet should be open, inclusive, and transparent, within the working definition of internet governance as ‘the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures and programmes that shape the evolution and use of the Internet.
  • The management of the Internet encompasses both technical and public policy issues and should involve all stakeholder groups.

Cyberspace

  • Confidence- and security-building initiatives are important for the future of the information Society.

Follow-up and Review

  • The Addis Ababa Action Agenda and the 2030 Agenda for Sustainable Development provide an important framework for ICT policy and investment.
  • Public-private partnerships and universal access strategies, amongst other funding and financing approaches, are important ways to spur ICT access and content creation.
  • Capacity-building remains a primary focus.
  • Data collection and analysis is an important part of how WSIS goals are being achieved.

And to end with, a couple of observations

It is of potential concern that the non-paper differentiates between “cyberspace” and the “Internet”. “Cyberspace” is used as a catch-all term for Internet-related security issues. Is this a distinction that we really want to make? Do we want to be excluding security issues related to ICTs other than the Internet?

The inclusion of “cross-cutting technical challenges” in the non-paper demonstrates the increasingly blurred line between public policy (the responsibility of the Member States who will ultimately decide the contents of the final outcome document) and technical management of ICTs. This line was in reality always blurred, but when ICTs were less ubiquitous in the world, governments were less interested in exercising their rights to have a say in the possible public policy implications of those ICTs. But as stakeholders on the technical side of ICTs engage more with governments, there is also an expectation that governments will also engage more with non-government stakeholders as part of a two-way dialogue on the policy implications of technical issues. We are seeing this increasing expectation of greater interaction play out not only in the UNGA’s WSIS+10 process, but also in the ICANN accountability process that is currently underway.

Footnote

[1] Anyone who participated in the Multistakeholder Preparatory Process for the WSIS+10 High Level Event in Geneva in 2014 will remember how contentious proposed text about encouraging women’s participation in the Information Society was. The change in stance between Geneva and New York demonstrates how different Member State views can be depending on the forum.

Background to the WSIS+10 non-paper

Update: the non-paper is now available on the United Nations General Assembly (UNGA) website for the preparatory process for the WSIS+10 review. The date for submissions of comments on the non-paper has also been extended from 14 September to 18 September.

At time of the original posting this blog, the non-paper had not officially been posted but a copy had been sent to the IGF 2015 MAG mailing list on preparations for the main session on WSIS+10.

When a paper is not a paper, but is actually a non-paper

Negotiations at the UN can obviously be highly political, so it can be advantageous to hold off publishing a formal input document (and the resultant skirmishing between States) as long as possible and instead publish an informal document to test the waters.

But, of course, the use of unofficial non-papers is so widespread, that it’s now a UN equivalent of the emperor’s new clothes: collectively, in public, everyone pretends that the non-paper is a harmless informal document but, in private, everyone actually puts just as much effort into responding to it as they would to an actual official draft.

The life of the WSIS+10 non-paper

Step 1: Call for contributions

wsis-co-facilitators

WSIS+10 co-facilitators, Jānis Mažeiks, Ambassador of Latvia & Lana Zaki Nusseibeh, Ambassador of the United Arab Emirates

The non-paper was developed by the co-facilitators of the UNGA WSIS+10 review process based on 74 submissions by governments and other stakeholders sent in during July 2015. The submission by G77 and China was given an extension due to the fact that the G77 consists of a whopping 134 governments.

Step 2: Find common ground among the submissions

The co-facilitators of the process then had to whittle down the 387 pages of contributions into a single document that ended up only being just over 4 pages long.

Step 3: Non-paper submitted to the President of the UNGA (PGA)

Although the non-paper is nominally an informal document, it still has to follow the formal protocol of being submitted to the PGA for approval and distributions.

Step 4: Non-paper is published and the comment period begins

The comment period ends 14 September, which gives stakeholders two weeks to comment. An online comment form will be available when the non-paper is formally published.

Step 5: Co-facilitators integrate comments on the non-paper to produce the “zero draft” of the final outcome document

Who would have thought that the world of UN diplomacy would have so much in common with software programmers? In both cases, they start a number sequence with zero, not one! Oddly, though, the UNGA WSIS world seems to have missed basic mathematics and skips one entirely, moving straight to draft two. The zero draft, which ups the ante for diplomatic negotiations in New York, is meant to appear at the end of September. However, given the non-paper missed the end of August deadline, it is quite possible that the zero draft due date may slip a little too. When the zero draft appears, the non-paper’s short life ends.

Following the publication of the zero draft, there will be another round of comments, followed by a second informal interactive stakeholder consultation in New York and a second preparatory meeting for UN Member States. For the full set of steps in the WSIS+10 process, see the Preparatory Process Roadmap.

Key statistics on submissions for the non-paper

  • 74 submissions received
  • 21 submissions from Member States
    • 174 Member States in total represented – group statements from the Group of 77 (G77), the Alliance of Small Island States (AOSIS) and the European Union (EU) bumped up the total number of States represented in the process
  • 26 from civil society
  • 9 from technical & academia
  • 9 from the private sector
  • 9 from intergovernmental organizations
  • 387 pages of contributions in total

A detailed look at who submitted

Because of the fluid nature of multistakeholderism, some governments and organizations chose to submit individual responses as well as be part of group responses. Below are the details of where contributions overlapped:

Governments

Seven G77 Member States chose to submit individual submissions as well as be part of the larger G77 submission:

The AOSIS contribution represented 35 G77 Member States as well as 2 non-G77 Members States, Palau and Tuvalu

  • Cuba is also a member of AOSIS, so is, in effect, represented in 3 submissions to the non-paper

One EU Member State chose to submit an individual submissions as well as be part of the larger EU submission:

Ten Member States submitted individual contributions and were not part of any collective contribution:

Civil society

The Association for Proper Internet Governance submitted an individual contribution and is also part of the Just Net Coalition.

Private sector

Telefonica and the Africa ICT Alliance submitted individual contributions and are also part of ICC BASIS.

How do you solve a problem like IANA?

Tracking where the fallout will be in the wake of NTIA’s announcement

NTIA couldn’t have timed their big news announcement about IANA better if they’d tried.

People had just received their NETmundial confirmations (or not). Those who’d decided that NETmundial was probably going to be a waste of time were suddenly kicking themselves for not applying.

Those who decided not to include material about IANA in their NETmundial submissions were kicking themselves for not mentioning it.

Those who had included IANA-related material were kicking themselves that they hadn’t included more concrete details.

Every organization that considered itself an important part of the Internet governance ecosystem rushed to get out their own official statement reflecting on the news.

Nobody had a relaxing weekend.

But this is only the start. Despite the NTIA’s insistence that it won’t release IANA out into the world unless it’s sure it can be free of oversight by any single government or an intergovernmental mechanism, this isn’t going to stop some governments and likeminded stakeholders from arguing that an intergovernmental framework is what really needs to happen.

We already had a busy Internet governance year lined up. All those Internet-governance related events on the calendar are now likely to have some IANA-related content included or contain some IANA-related fallout of some description.

If you have long thought that the Internet governance world largely consists of the same people travelling around the world to discuss the same issues in what could really be the same set of gloomy conference rooms, you ain’t seen nothing yet. Below is my initial analysis of where I think we will probably see IANA-related discussions. I also suspect that the same debates will play out in many of the venues.

Where IANA-related effects may be seen in the 2014 Internet governance calendar

These aren’t in date order:

1. ICANN meetings, 23-28 March, 22-26 June, and 12-16 October

Obviously. Suddenly, the NCUC‘s apparent coup in nabbing Larry Strickling as a keynote speaker at Friday’s ICANN 49 pre-event makes perfect sense.

2. Informal consultations on the overall review of the WSIS, ending 30 March

Some States want there to be a repeat of the whole World Summit on the Information Society (WSIS) process from 2003-2005, including preparatory meetings. The fact some governments now may perceive it to be a realistic option that IANA can finally have overview by all 193 States, equally, may give them added impetus to support a full review and rewrite of key WSIS outcomes, including the Tunis Agenda. Such a rewrite, they may hope, could include more concrete text on the way forward for IANA.

3. NETmundial, 23-24 April

There are 62 submissions containing proposals related to IANA and ICANN governance mechanisms. If the NTIA announcement had happened earlier, we would have had double that number. NETmundial submissions don’t come from many of the governments most critical of the current ICANN and IANA oversight mechanisms. It’s unlikely that such governments will want to submit submissions now, as they generally would have issues with the pro-multistakeholder focus of the meeting. Those who have already submitted contributions, however, may want to amend their documents to include more concrete material on IANA’s future. It’s not clear how NETmundial organizers plan to handle this. Whether or not updated proposals are accepted, however, in reality, when we’re all onsite in Sao Paolo, the late night drafting groups that are likely to be convened to develop the final outcome documents will probably be informal ways to inject new IANA-related material into the mix.

4. ITU World Telecommunications Development Conference (WTDC-14), 30 March – 10 April

This meeting is before NETmundial, so it will be interesting what the wider selection of developing countries that aren’t engaging in NETmundial will have to say. Here, we could see a “think of the developing countries” slant on the path forward for IANA. I doubt it would be a significant component of the meeting, but there could be some language inserted into a resolution or two. Possible existing resolutions that might be appropriate venues for this are:

5. WSIS+10 High Level Event, 10-13 June

Discussions on ICANN-related issues were deferred at the last preparatory meeting in February. They are meant to be discussed at the upcoming preparatory meeting in April. No doubt, this will include a very large portion of IANA-related debates. There is also a final preparatory meeting in May, where the discussions could continue. The texts that the High Level Event will produce are:

  • WSIS+10 Statement on the Implementation of WSIS Outcomes
  • WSIS+10 Vision for WSIS Beyond 2015

The most recent versions of these documents are available here. It is conceivable that there will be some parties wishing to add explicit mention of IANA in the WSIS+10 Vision document.

6. The additional CSTD Working Group on Enhanced Cooperation (WGEC) meeting, 30 April – 2 May

The IANA is one of the holy grails for governments wanting a greater and equal-between-governments role in the decision-making processes of Internet governance. WGEC’s final meeting was supposed to be in February, but it was unable to find consensus on the intractable issue of enhanced cooperation. The discussions at the extra April/May meeting added to try and finalize the WG’s work is likely to be further enlivened by some WG members’ desire to inject specific IANA-related recommendations. This could mean that the WG finds itself unable to reach consensus, again, and it needs to go back to CSTD and ask them to decide whether an extension of the WG’s mandate is needed.

7. 17th Session of the CSTD, 12-16 May and ECOSOC, 23 June – 18 July

The CSTD session could be in for a bumpy ride. This is because it is at the centre of a perfect storm:

  • CSTD is the focal point in the system-wide follow-up review and assessment of progress made in implementing the outcomes of WSIS.
  • The Tunis Agenda enhanced cooperation text about governments participating on an equal footing can be read as diplomatic speak for “all governments to oversee IANA – not just the USA”.
  • The 2014 CSTD session is a key point in the lead-up to the UN-wide overall review of the WSIS process in 2015, writing the draft ECOSOC resolution on WSIS.

The drafting group working on the draft WSIS resolution may, once again, end up finishing their work early on the Saturday morning, well after the CSTD Session has officially ended. ECOSOC is unlikely to care that much about IANA, but if the CSTD debate is inconclusive, it could spill into its space as well.

8. ITU Plenipotentiary Conference 2014 (PP-14), 20 October – 7 November

So many Internet-related proposals, so many opportunities to include text about IANA:

9. IGF, 2-5 September, and regional and national IGFs

Many, many opportunities to discuss IANA. More reasons for people to want IGFs to produce more concrete outcomes. Expect many IANA-related workshops to be submitted in response to the recent call for workshop proposals.

What does this all mean?

I suspect that the large number of venues discussing what to do with IANA and the even larger number of stakeholders who will want a say in how IANA goes forward will mean it’s nowhere near realistic to think that a solution can be reached in time for the September 2015 of the current IANA contract with the US government. I think it is probably more realistic to see the current IANA contract being renewed, with the timeline for IANA’s future taking at least two years or more.

If you think I’m being overly pessimistic, consider the new gLTD policy development process, which is another significant process in the ICANN space. The policy development process was begun in 2005, and it’s only this year that the resulting new gTLDs are actually being deployed.

A long timeline isn’t a bad thing, however. While it is plainly clear that the IANA needs to transition out of US government oversight, it is better to take the transition process slowly, and get it right in the long-term, than to rush into it and end up with a different but still problematic management of IANA.

The important thing is to make sure all stakeholders are involved in ernest and that we don’t end up developing a solution by merely letting the usual globe-trotting participants out-talk less resourced stakeholders with equally legimate views on the way forward.

UN puts off decision on overall review of WSIS for a few more months

On 14 November 2013, at the 35th meeting of the Second Committee, on behalf of the G77 States, Fiji presented a draft update to the annual United Nations General Assembly (UNGA) resolution that bears the title, “Information and communications technologies for development”.

Every year, it seems that the first draft of this resolution causes a bit of a stir amongst the Member States who weren’t involved in the drafting. This first draft is then followed by lots of informal consultations between Member States and, finally, a new compromise draft that deletes or modifies some of the proposed updates and adds some new text that, in essence, is a counterbalance to the particular views of the original drafters.

This, of course, is what happened to this year’s “Information and communications technologies for development” (ICT4D) resolution. The version that Fiji presented, A/C.2/68/L.40, was particularly contentious, however, because of the looming deadline of the 10th anniversary of the World Summit on the Information Society (WSIS+10). Just as many folks go into a panic when they hear the in-laws are coming to stay, the ever-nearing arrival date of WSIS+10 in 2015 has caused pretty much everyone–Member States and other stakeholders in Internet governance, in particular–to spend a lot of time discussing what should change, how much should change, and who’s going to pay for it all.

The G77 version of the ICT4D resolution was problematic for many Member States primarily because it suggested having a full-scale review summit, complete with a series of preparatory meetings. Russia had already proposed this at the 16th Session of the CSTD in June 2013. At that time, CSTD Member States hadn’t supported the idea because a) it was clear it would cost the UN and Member States a lot of money that they didn’t want to spend, and b) the whole issue of ICTs for development may potentially become part of the high-level Summit in September 2015 that will mark the next phase of Millennium Development Goals.

After a month of informal consultations, the Vice-Chair of Second Committee verbally presented a compromise draft, A/C.2/68/L.73, on 11 December 2013. That verbal proposal was adopted by consensus.

Below is a brief overview of the main differences between the November (not adopted) and December (adopted) versions of the ICT4D resolution.

What’s new in the adopted ICT4D resolution?

1. UNGA Second Committee decides not to decide…. yet

The most significant change between the G77 and the adopted ICT4D resolution was the removal of text that would launch a full-scale WSIS Review Summit, complete with a preparatory process that would begin in January. Instead, the consensus resolution defers the decision on what to with WSIS+10 until the first quarter next year-by the end of March 2014 at the absolute latest.

2. “Open intergovernmental consultations” will be used to develop the modalities of 2015 WSIS+10 review

I have no idea what “open intergovernmental consultations” means. Does it mean that instead of “informal consultations” that happen in small rooms, the “open consultations” will be publicly webcast? Does it mean that non-government observers may be allowed to observe in the room itself? I suspect the phrase will have as many interpretations as the Tunis Agenda’s “enhanced cooperation” text. However, given these open consultations have a maximum lifespan of three months,  decisions about the modalities of the “open intergovernmental consultations” which will develop the modalities of the WSIS+10 2015 event need to be made public as quickly as possible.

What is very clear, though, is that the process will be intergovernmental and not involve other stakeholders. (Perhaps the word “open” was added to appease the many non-government stakeholders in the WSIS process who aren’t being consulted: the process, although multilateral, is to be open and transparent, at least.)

3. The Brazil meeting on global Internet governance

The resolution “welcomes” the meeting. Short and sweet.

4. There are countries lined up to hold the next three IGFs

The resolution “welcomes” the offers by Turkey, Brazil and Mexico to hold the next three IGFs. Mexico, of course, will only have its offer taken up if the IGF’s mandate is renewed past 2015.

5. Recognition that non-government stakeholders play an important role in ICTs

This is worth quoting in full:

Further stresses the important role played by private sector, civil society and technical communities in information and communications technologies

Surprisingly, although the Tunis Agenda recognizes the important role all stakeholders have to play in ICTs, the UNGA ICT4D resolutions never seem to have explicitly included a similar statement. They have included statements about the role of non-government stakeholders in the international management of the Internet, however. But for the first time here in this consensus resolution, the academic and technical communities make an appearance in that Internet management paragraph.

6. References to more recent UN events and resolutions were added

Of particular interest to the Internet governance crowd are the following additions:

What didn’t make it into the adopted ICT4D resolution?

1. ITU Council 2001 Resolution 1179 is out

ITU’s 2001 Council Resolution 1179 endorsed having a two-phase WSIS in 2003 and 2005. The removal of the reference to this old ITU resolution is probably a response to two things:

  • There have been concerns expressed that the original G77 draft contained too many references to ITU’s involvement in WSIS and not enough acknowledgement of the other UN partners in WSIS.
  • The resolution is so old and obscure that it doesn’t really have any relevance to the UN-wide process that will decide the way forward in 2015 and beyond.

2. The glowing description about the WSIS Forum was deleted

ITU’s media department might be disappointed that this description of ITU’s multistakeholder poster child was removed:

[The WSIS Forum has] become a key forum for multi-stakeholder debate on pertinent issues related to the World Summit process, and noting further that the Forum’s inclusiveness, openness and thematic focus have strengthened responsiveness to stakeholders and contributed to increased physical and remote participation

3. Financing by the private sector is out

This whole paragraph was removed:

Recognizing that, in addition to financing by the public sector, financing of information and communications technologies infrastructure by the private sector is playing an important role in many countries

This is an interesting deletion. Usually, it’s the non-G77 countries such as the USA and European countries that like references to the important role of the private sector. Perhaps it was deleted because it could be interpreted as encouraging governments to start applying ICT infrastructure taxes or other financial requirements to private sector entities within their borders. Perhaps it was deleted because the issue of finance is always a difficult one and in the interests of getting the resolution adopted before the end of the year, it was expedient to remove such obvious speed bumps.

4. No “new and additional” resources for the implementation of WSIS outcomes

Instead, UN funds and programs and specialized agencies are to allocate “adequate” resources to WSIS implementation. Here, we see the usual division between the developing States who wrote the draft in November wanting access to UN funds to help them implement WSIS in their countries while the better-resourced UN donor countries don’t want to put more money in the pot. “Adequate” is a compromise. Developing countries can interpret it as meaning “more resources” while developed countries can interpret as “we don’t have to increase our contributions to the UN”.