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TOWARD a SINGLE GLOBAL DIGITAL ECONOMY the First Report of the Aspen Institute IDEA Project

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TOWARD A SINGLE GLOBAL DIGITAL ECONOMY The First Report of the Aspen Institute IDEA Project Reed Hundt, Chairman Peter Cowhey, Policy Director Gary Epstein, Managing Director and General Counsel Communications and Society Program Charles M. Firestone Executive Director Washington, D.C. 2012 To purchase additional copies of this report, please contact: The Aspen Institute Publications Office P.O. Box 222 109 Houghton Lab Lane Queenstown, Maryland 21658 Phone: (410) 820-5326 Fax: (410) 827-9174 E-mail: [email protected] For all other inquiries, please contact: The Aspen Institute Communications and Society Program One Dupont Circle, NW Suite 700 Washington, DC 20036 Phone: (202) 736-5818 Fax: (202) 467-0790 Charles M. Firestone Patricia K. Kelly Executive Director Assistant Director Copyright © 2012 by The Aspen Institute This work is licensed under the Creative Commons Attribution- Noncommercial 3.0 United States License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc/3.0/us/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA. The Aspen Institute One Dupont Circle, NW Suite 700 Washington, DC 20036 Published in the United States of America in 2012 by The Aspen Institute All rights reserved Printed in the United States of America ISBN: 0-89843-568-5 12-010 1867CSP/12-BK Aspen Institute IDEA Project Staff Reed Hundt Shanthi Kalathil Chairman Consultant Peter Cowhey Melanie Hart Policy Director Consultant Gary Epstein David Hansen Managing Director and Counsel General Counsel Kate Aishton Jonathan Aronson Counsel Consultant Donald Abelson Consultant Aspen Institute Communications and Society Program Charles M. Firestone Patricia K. Kelly Executive Director Assistant Director Sarah Eppehimer Ian Smalley Senior Project Manager Program Associate This report is written from the perspective of the Aspen Institute IDEA Project Staff. Unless attributed to a particular person, none of the comments or ideas contained in this report should be taken as embodying the views or carrying the endorsement of any specific individual, corporation or organization that participated during any stage of the Aspen IDEA Project process. Acknowledgments In October 2010, the Aspen Institute Communications and Society Program convened the first of four Aspen Institute International Digital Economy Accords (IDEA) Project plenary meetings. This plenary, in Washington, D.C., comprised representatives from relevant corporations, non-governmental organizations and distinguished government leaders. The formidable challenge was to reassess the international regime that facilitates the free flow of communications across bor- ders on a unified Internet. Subsequent plenaries in Los Angeles, California in January 2011, Brussels, Belgium in March 2011, and again in Washington, D.C. in November 2011 produced spirited and thoughtful dialogue about the complex challenges of governing the flow and use of data in a single global digital economy. This publication presents the synthesis of the Aspen Institute IDEA process, important outcomes such as the Aspen IDEA Common Statement and Principles, and considers next steps forward in multistakeholder governance. The appendix of the report also highlights contextual papers and speeches given at the various plenaries by Viviane Reding, Vice President of the European Commission and European Union Justice Commissioner; Neelie Kroes, Vice President of the European Commission responsible for the Digital Agenda; Julius Genachowski, Chairman of the U.S. Federal Communications Commission; and Reed Hundt, Aspen IDEA Chairman and former Federal Communications Commission Chairman. As always, the Aspen Institute Communications and Society Program would like to express its gratitude to a number of organizations and individuals whose dedica- tion and support make the Aspen IDEA Project possible. Our supporters include the Markle Foundation, John S. and James L. Knight Foundation, Ford Foundation and the John D. and Catherine T. MacArthur Foundation. In particular, Stefaan Verhulst of Markle deserves special thanks for his leadership, insights and help throughout the process. However, financial support of the IDEA Project does not imply the funders’ agreement with any particular statement made in this report. We would like to thank our talented Aspen IDEA staff who devoted count- less hours to this important project: Chairman Reed Hundt, Managing Director and General Counsel Gary Epstein, Policy Director Peter Cowhey, Consultants Jonathan Aronson, Donald Abelson, Shanthi Kalathil, and Melanie Hart, and Counsel David Hansen and Kate Aishton. Without their vision, expertise and dedication this project would not have succeeded. Additional thanks goes to Reed Hundt, Gary Epstein and Kate Aishton for their efforts in writing this report, and to the rest of the IDEA staff for their editing contributions. I would also like to recognize and thank the Aspen Institute Communications and Society Program staff: Sarah Eppehimer, Senior Project Manager, for her production of the four Aspen IDEA plenary sessions and contributions editing this report; Ian Smalley, Program Associate for his help producing the Plenary sessions; and Patricia Kelly, Assistant Director for overseeing the editing and pub- lication of this report. Most importantly, the Communications and Society Program is grateful to all of the corporate, civil society and government participants from the United States, Europe, India and Brazil. Though their participation in the IDEA Project does not necessarily reflect agreement with any particular statement in this report, it is through their collaborative insights that the IDEA Project is able to advance the public discussion about establishing a fair, effective and empowering multi- stakeholder system for governing the flow and use of data in a single global digital economy. Charles M. Firestone Executive Director Communications and Society Program The Aspen Institute April 2012 Contents TOWARD A SINGLE GLOBAL DIGITAL ECONOMY: THE FIRST REPORT OF THE ASPEN INSTITUTE IDEA PROJECT Introduction ..................................................................................................................3 Summary of Opportunity and Risks ................................................................3 How IDEA Was Conducted ...............................................................................5 The Aspen IDEA Project Participants and Process .....................................................7 The Aspen IDEA Common Statement and Principles .............................................13 Discussion and Analysis of the IDEA Principles .......................................................18 Rights and Obligations ....................................................................................18 Categories of IDEA Principles .........................................................................19 Comparison to Other Internet Principles .......................................................22 Use and Limitations of the Aspen IDEA (and Other) Principles ....................23 Next Steps—What Is Left to Do .....................................................................25 Issues of Implementation of Principles .....................................................................27 Statement of Problem of Implementation .......................................................27 Alternatives to Multistakeholder Governance ................................................28 Consideration of Trade Agreements as an Internet Governance Mechanism ...............................................................................30 Solving for Multistakeholder Entity (MSE) Governance ...............................36 Stress Testing the IDEA Principles and MSE Governance .......................................42 The Case of WikiLeaks ....................................................................................42 The Case of Internet Privacy ...........................................................................43 The Case of Google in China ..........................................................................44 The Case of China’s Indigenous Innovation Policies ......................................45 Conclusion ...................................................................................................................46 APPENDIX The Aspen Institute IDEA Project Framework Paper ...............................................49 Internet Freedom: A Background Paper, Shanthi Kalathil .......................................67 Privacy Standards in the Digital Economy: Enhancing Trust and Legal Certainty in Transatlantic Relations, Remarks by Viviane Reding ........................................83 The Role of Public Authorities in Cloud Computing, Remarks by Neelie Kroes ..........................................................................................87 The Cloud: Unleashing Global Opportunities, Remarks by Julius Genachowski ..............................................................................93 Remarks Given at the Aspen IDEA Plenary, Washington, D.C., Reed Hundt ............................................................................................................103 Cross-Border Information Flows and Digital Trade Principles, Shanthi Kalathil ...........................................................111 Plenary Participants ..................................................................................................125
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