Global Status Report 2019, 1St Edition, Is Published by the Secretariat of the Inter- Net & Jurisdiction Policy Network

INTERNET & JURISDICTION G LOBAL STATUS R EPORT 2019 AUTHOR: PROF. DAN JERKER B. SVANTESSON This Report was commissioned by the Secretariat of the Internet & Jurisdiction Policy Network and au- thored by Professor Dr. Dan Jerker B. Svantesson. The Internet & Jurisdiction Global Status Report 2019, 1st Edition, is published by the Secretariat of the Inter- net & Jurisdiction Policy Network. The author of this Report made a best effort to map the current ecosystem and trends based on desk-re- search, as well as stakeholder surveys and interviews. The completeness of information can however not be guaranteed, as this Report constitutes a first global baseline on the state of jurisdiction on the internet. Moreover, the analysis of the author does not nec- essarily reflect the view of the Secretariat of the In- ternet & Jurisdiction Policy Network, of stakeholders engaged in the Internet & Jurisdiction Policy Network, or of the financial supporters of the Report. Internet & Jurisdiction Policy Network - Paris, France The Secretariat of the Internet & Jurisdiction Policy Network is grateful for the financial and institutional support of the following entities that have enabled the production of the Report: REPORT CITATION Internet & Jurisdiction Policy Network (2019). Internet & Jurisdiction Global Status Report 2019. FOREWORDS BERTRAND DE LA CHAPELLE and PAUL FEHLINGER Executive Director and Deputy Executive Director Internet & Jurisdiction Policy Network ow to handle the coexistence of het- emerging digital economy. To preserve the erogeneous laws on the cross-bor- open, cross-border nature of the internet, der internet is one of the greatest policy coherence and legal interoperability Hpolicy challenges of the digital 21st century. between multiple regimes must be estab- Yet, scalable and coherent policy solutions lished. This requires communication, coor- cannot be developed without a comprehen- dination and, ultimately, cooperation among sive understanding of a highly complex and all stakeholders. dynamic ecosystem comprised of multiple Yet, sound policy-making must be based actors, initiatives and trends across the pol- on evidence and reliable data. Policy co- icy silos of digital economy, human rights herence on a transnational basis can only and security. This was a clear call by over be achieved through a shared understand- 200 key stakeholders from 40 countries at ing of the issues at stake and awareness of the 2nd Global Conference of the Internet & the various initiatives. The availability of Jurisdiction Policy Network in 2018. Howev- this comprehensive overview and analysis er, even decades after the rise of the com- of trends and initiatives will translate the mercial internet, such consolidated data did highly complex and often technical nature not yet exist. To provide this indispensable of substantive issues for decision makers. mapping and analysis, the Secretariat of the This Report represents the first step of an Internet & Jurisdiction Policy Network de- ongoing effort by the Secretariat of the cided to launch the world’s first Internet & Internet & Jurisdiction Policy Network to Jurisdiction Global Status Report. make this essential information accessible Drawing on the unique expertise of key to all stakeholders, to help them to collec- stakeholders engaged in the policy devel- tively address some of the most pressing opment work in the Internet & Jurisdiction global challenges of our times. Policy Network, this inaugural edition of the We are delighted that this full edition of Global Status Report provides a first snap- the Internet & Jurisdiction Global Status shot and baseline. This Report should be Report will be launched on the occasion of understood as a foundational dataset that the 14th Internet Governance Forum in Ber- will allow us to collectively proceed and fill lin, Germany. We would like to express our in the gaps in future global and regional edi- gratitude to the pioneers of this new global tions. For this ambitious and crucial endeav- effort to foster policy coherence through our, we invite all stakeholders to contribute capacity building and evidence-based policy their knowledge and share their data. innovation: the stakeholders in the Internet Clarifying how existing national laws apply & Jurisdiction Policy Network, the author, in cyberspace and developing new balanced Professor Dan Svantesson, as well as Ger- frameworks to address abuses, will ena- many, Denmark, Estonia and the European ble the digital economy to protect human Commission, who are making this essential rights and will determine the shape of the effort possible. INTERNET & JURISDICTION POLICY NETWORK 2 DR. MARIA FLACHSBARTH CASPER KLYNGE Parliamentary State Secretary to the Federal Minister for Danish Tech-ambassador Economic Cooperation and Development, Germany Ministry of Foreign Affairs of Denmark he World Wide Web, the internet as most people igitalisation and technology are defining parame- know it, is just 30 years old. Within this short amount ters for how our societies evolve in the 21st centu- of time, the distinction between the online and of- ry. On the one hand, technology has the potential Tfline world has become meaningless. We are online every Dto lift people out of poverty, improve healthcare and other day. We use the internet to receive news. We communicate key sectors of society and drive economic growth. On the with family, friends and co-workers. Our homes and appli- other hand, technology could exacerbate inequalities, un- ances are connected through the Internet of Things. We dermine fundamental rights and erode public trust in dem- order business services and interact with local and national ocratic institutions. To reap the benefits and minimise the authorities. Our mobile phones and laptops make for easy risks of technological development, a balanced approach internet access at home or on the go. is necessary. This requires the right policy framework. We The internet increased global connectivity, advanced our therefore need to identify the challenges technology pre- societies and economies, and still offers tremendous op- sents to governance at both the national and international portunities. However, we must not forget that almost half level. Cross-border technologies, such as the internet and the world’s population has no access to the internet. Par- platform economy, bring a range of such challenges. ticularly, women are facing inequalities with regard to ac- Denmark therefore welcomes the Internet & Jurisdiction cess to the internet and participation in the IT sector. The Policy Network’s effort to map the major trends of the digi- internet’s potential still needs to be unlocked in remote ar- tal society. The Internet & Juristiction Global Status Report is eas and less developed countries. This is a task of utmost a timely contribution towards a better understanding of the importance, and we need to keep it in mind when talking digital age, which is an important step in providing us with a about the internet’s future and evolution. Also, not all coun- solid base for constructive international dialogue and cooper- tries and stakeholders have been able to contribute equally ation. Approximately two years ago, the Danish government to discussions about internet jurisdiction and regulation. decided to elevate technology and digitisation to a strategic The internet established some new challenges, too. Free foreign policy priority – through the TechPlomacy-initiative speech needs to be protected online and we have to find – and to appoint Denmark’s, and in fact the world’s first, Am- ways to deal with hate speech, manipulation and misinfor- bassador for Technology and Digitization (‘Tech Ambassa- mation. Data security and privacy rights are of highest im- dor’) and to create a dedicated representation to technology. portance and we require a defence against mounting cyber The initiative is a response to the increasing importance that threats. Eventually, we need to have a secure but open and technology, digitalisation and the industry has on individuals, reliable internet that benefits all, people and businesses societies and international relations alike – and the necessity around the world. of boosting the dialogue between the tech industry, govern- Germany advocates for net neutrality, free speech and ac- ments and multilateral organisations. We are working towards cess for all. The Federal Ministry of Economic Cooperation a stronger multistakeholder cooperation to ring-fence core and Development cooperates closely with developing coun- values and institutions and to promote a human-centric ap- tries in digitalisation processes and promotes the inclusion proach to technological development. In short, a balanced of developing countries in all relevant discussions. That is approach where public and private actors take responsibility. why we supported this very first Internet & Jurisdiction In recognition of the urgent need for common norms and the Global Status Report. perseverance of a rules-based international order in the dig- We wish for the progressing debate on jurisdictional chal- ital era. To get regulation right and to safeguard democracy, lenges to the open internet to be inclusive, to involve all human rights and the rule of law. stakeholders and to be open for all regions of the world. Digitalisation is international and cross-border in nature, creating a number of new legal and other challenges to our societies and the rule of law in the digital age – an age that for the very

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