Archive for Internet Governance

Prof. Xue on APEC E-Commerce Business Alliance Expert Council

The 6th APEC E-Commerce Business Alliance Forum was held on June 28-30, 2016, in Jinjiang, China. Prof. Xue, who was appointed on the Expert Council of the APEC E-Commerce Business Alliance, presented at the Forum on the International and Global e-Businesses and joined the Expert Council meeting. She was one of the primary drafters of the Jinjiang Proposal, a statement officially released at the Forum and later presented at APEC meetings.

In line with the theme “Promoting inclusive trade through cross-border E-Commerce “, the Forum explored the new development of cross-border E-Commerce for SMEs to participate in international trade in terms of opportunities, challenges and the future deeply and comprehensively, and how to ensure data privacy security issues in the era of big data, and discussed the impacts of developing cross-border E-Commerce on benefiting SMEs,  driving a new round of global economic development and deepening the Asia-Pacific regional economic cooperation, so as to promoting stability, development and prosperity in Asia-Pacific region.

The Jinjiang Proposal made the following suggestions to global community:

For this purpose, our suggestions are as follows;

  1. To fully implement policy and business research advantages of the Alliance within its own field, actively explore practical ways and future prospect for small, medium and micro enterprises to participate in international trade and integrate into international value chain including obstacles which existing international trading system have on small, medium and micro enterprises integrate into international value chain, cross-border E-Commerce platform and environment, conditions and methods for small, medium and micro enterprises to develop cross-border e-commerce, to actively explore small, medium and micro enterprises innovation and entrepreneurship under the condition of Internet; to investigate innovation needs of each member country regulation mode regarding cross-border E-Commerce including the effective regulatory methods which the government and regulatory body have on flows of digital data and technologies, the protection which innovative systems and rules have on small ,medium and micro enterprises and the interests of consumers etc. These methods will promote and encourage small, medium and micro enterprises to participant in international trade through E-Commerce effectively.
  2. To actively promote each member’s government and industry organizations, try to form the rules for cross-border E-Commerce platform, establish cross-border E-Commerce credit verification system and markets for small, medium and micro enterprises in APEC region, to encourage cooperation and collaboration modes such as the Government and Enterprises ( PPP), platform and platform , reform international logistics practice, establish new international payment systems and credit rules in order for small, medium and micro enterprises to carry out cross-border E-Commerce.
  3. It recommends that all APEC governments and regulatory bodies allow for the development of industry standards for information technology and e-commerce that can be applied and observed equally by all SMEs throughout the APEC region.  This will require that all relevant industry participants, especially SMEs, be allowed to participate in the process of developing these standards.  The process could be organized and sponsored by the government agencies, but industry participants (including SMEs) should be allowed significant opportunity to present decisive input, and the process must be fair and transparent. The resulting industry standards must be acceptable and readily practicable throughout the APEC region not only applicable to certain entity. The result should be a network of e-commerce infrastructure that SMEs from any nation in APEC can access to participate and compete effectively in international trade throughout the region.
  4. To be active and efforts can be made into the following aspects;

a)       To set up designative contacts system and information-sharing network within the APEC region, publish each economy entity’s updates , relevant policy, cooperation projects in the field of E-Commerce, and promote information exchange within all members, share E-Commerce development results and achievements;

b)      To summarize the APEC region cross-border E-Commerce best practices and serve in exchanging visits between enterprises, business cooperation, technical support, investment and promote the development and progress for commercial and industry enterprises in the APEC region;

c)       To emphasize and strengthen capacity-building in the field of E-Commerce and encourage capacity-building training activities, shorten the difference among the economies, and promote APEC economies complementary advantages for each other.

5. We are committed to continue to strengthen coordination and cooperation with other relevant international, regional cooperation organizations and forums, so that APEC E-Commerce Business Alliance would play a more important role in regional and global economic governance system.

 

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Prof.Amir Qayyum Guest Lecture at IIPL

Prof. Amir Qayyum, Dean of Faculty of Enginner, Capital University of Science and Technology, Islamabad, Pakistan, visited the Institute for Internet Policy & Law (IIPL) and gave an Expert Lecture to the BNU JM, LLM and international exchange students on Mobile Technologies and Relevant Governance Issues on June 6, 2016. Prof. Qayyum talked about the encrytion technology process and method with the PKI to ensure the confidentiality and integrity of communications on mobile network and digital forensics to combat cyber-crimes (including lawful interception). He mentioned that the Pakistan Internet penetration by broadband is aournd 17% while the people who access to mobile data is over 60%. Mobile Internet is the real solution to digital divide and access problem in a devleoping country like Pakistan.

Prof. Qayyum also shared the experence with the Chinese at-large community with respect to the organization of the School of Internet Governance (SIG) in Pakistan. He talked about the curriculum, faculties, fudning, international cooperation and managment of the SIG of which he was on the 2015 Management Committee. The Representatives from the two ALSes, Chinese Domain Name Users Alliance (CDNUA) and At-Large @ China presented at the meeting and had the interesting discussion with Prof. Qayyum.  The discussions are helpful for the Chinese community to improve the APILP and develop the other capacity building programs in China.

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Prof. Xue Presented at the Global Facilitation Partnership for Transportation and Trade 2016 Annual Forum

The Global Facilitation Partnership for Transportation and Trade (GPF) 2016 Annual Forum, organized by ICC, UNIDO and ITC, was successfully held at Invest Shanghai, 15/F New Town Tower, Shanghai.  More than 80 representatives from the international organizations (ICC, UNIDO, ITC, UNECE, WCO. UNCTAD), customs authorities (Cambodia, Guatemala), private sector and academia joined the meeting and shared their views on a variety of trade facilitation issues in the nutshell of implementation of the WTO Trade Facilitation Agreement (TFA). ICC China invited around 20 businessmen (including Huawei, Alibaba, Sinotrans) from China and other countries to join the Forum.
Prof. Xue gave a presentation at the session on “regional integration”. Prof. Xue talked about the importance of the newly formed UNESCAP Framework Agreement on Facilitation of Cross-Border Paperless Trade in Asia and the Pacific (FA) to the regional integration in the following three aspects.
(1) Legal harmonization across the region
Deep regulatory fragmentation and variation of laws and regulations are pledging the cross-border paperless trade. The FA that is completely complimentary to the WTO TFA provides the legal framework to harmonize the regulatory systems in the region through encouraging the Member States to adopt to the international laws and standards (particularly from UN/CEFACT, ISO and WCO) in their domestic laws.
(2) Legal connectivity
The FA, particularly Art. 8, provides the mutual recognition of e-data and document originated from the other Member States at the substantially equivalent level of reliability, which removes the legal barrier of cross-border paperless trade. The substantially equivalent level of reliability may be achieved through the institutional arrangement of the FA (such as the protocols) or bilateral or multilateral agreements among the Member States. The current FTAs (such as TPP, RCEP), if consistent with the FA, may also be linked up to enable the mutual recognition.
(3) Engagement with the private sector
Prof. Xue emphasized the importance to engage the private sector in composing and implementing the Action Plan, Road Map and pilot projects of the FA and called their participation in the FA process.
Prof. Xue’s presentation on FA was very well received by the audience. Dr. Saeed from ITC (who is a member of UNNeXT) gave the positive comments. All the participants are getting more interested in the FA and its future implementation. The representative from DHL supported the FA initiative and hoped that its implementation would release logistic companies from submitting both e-copies and paper forms for customs clearance. Prof. Xue responded that “data submitted once” is the kernel of Single Window (SW) definition and the requirement of dual submission is not consistent with UN/CEFACT Rec. 33 on SW. However, if a country has no SW in place, the principle of non-discrimination does not exclude the coexistence of both e-form and paper form. Prof. Xue also briefly talked about the Chinese e-commerce lawmaking.
The newly formed China’s National TF Commission to implement the TFA, Huawei’s Global Customs Project, Alibaba OneTouch and the pilot APEC Model E-Port Network (APMEN) (like PAA exchanging e-data and documents among the ports in the network) are all  interesting initiatives and deserve further research.

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CNDUA and At-Large@China Joint Community Workshop on ICANN Proposed New Bylaws

On April 20, 2016, ICANN  published its “Proposed New Bylaws” for public comments. The Draft New ICANN Bylaws were drafted in order to reflect the changes necessary as a result of the recommendations contained in the proposals by the IANA Stewardship Transition Coordination Group (ICG) and Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) as provided to the ICANN Board on 10 March 2016 and transmitted to NTIA. Taken together, the proposals call for significant governance changes within ICANN, such as the development of new community powers, the incorporation of the reviews currently required under the Affirmation of Commitments, and modifications to key accountability mechanisms such as the Independent Review Process and the Reconsideration Process. ICANN’s Bylaws are its fundamental document and impacts all the stakeholders. The Chinese at-large community that has been actively participating the ICG and CCWG process, does mind the importance of the “constitutional” document of ICANN.

With the support of BNU IIPL, the two ICANN accredited At-Large Structures (ALSes), Chinese Domain Name Users Alliance (CDNUA) and At-Large@China, both of which are the Members of the APRALO, convened the Joint Community Workshop on May 16, 2016, 18:00-20:00 (UTC +8:00) at Law School Auditorium, Room 1922, New Main Building, Beijing Normal University. The Chair of Council of CDNUA, Prof. Hong Xue, the Director of ICANN Beijing Engagement Center, Mr. Song Zheng, and the representative from At-Large@China, Ms. Antonia Chu gave the keynote speeches at the Workshop.

Remote participation and webcasting were available at the Workshop. The Workshop was in English to enable equal participation from all countries.

Prof. Xue gave an Overview of newly added and revised contents of the proposed new Bylaws and analyzed the new power structure and its check-and-balance design. Prof. Xue then narrowed down to the key provisions in the proposed new Bylaws,  especially in Article 1, 4, 6, 16, 17, 18, 19 and relevant Annexes and analyzed the ICANN’s new mission, commitments and  core values, new accountability mechanisms and community powers as well as the series of institutional designs regarding the post-transition IANA function. Prof. Xue pointed out that the empowered community and building justice through IRPs and other accountability mechanisms would better oversee the ICANN’s administration and serve the interest of the global Internet community. Mr. Song and Antonia also shared their views in their own area of expertise and provided their comments on the potential effect of the New Bylaws  on the domain name industry and young Internet generation.

Members of CDNUA and At-Large @ China, from Beijing, London, Paris, Aberdeen and African cities, joined the Workshop and interacted with the speakers. The young members’ made the impressive comments on the ICANN’s social responsibilities. All the comments on the proposed new Byblaws were collected and will be drafted and submitted to ICANN.

 

 

 

 

 

 

 

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Prof. Xue Presented at UNCITRAL Colloquium on Identity Management and Trust Services

At its forty-eighth session (2015) the United Nations Commission on International Trade Law (UNCITRAL) requested its Secretariat to convene a colloquium on legal issues related to identity management and trust services with a view to compiling information on the scope and methodology of future work in that area (see Official Records of the General Assembly, Seventieth Session, Supplement No. 17 (A/70/17), para. 358). In line with that request, UNCITRAL Electronic Commerce Working Group organized the Colloquium on ID Management and Trust Services on April 21 and 22, 2016 at the Vienna International Centre. The Program and conference materials are available on the UNCITRAL website.

Prof. Xue, as the second speaker of the first Session of the Colloquium, gave a comprehensive presentation on “Scoping Cross-Border e-ID Management and Facilitating International e-Trade”. Prof. Xue pointed out the key legal issues with respect to the eID management and the possible legal framework or solution to address these issues. The new theoretical analysis and framing provided by Prof. Xue were warmly haled as the creative and innovative research that opens up a new legal dimension by the legal professions at the conference. Prof. Xue specifically addressed the open “federal” approach for eID management and the important role of trust service and creatively adopted the three-tier analytical benchmarks for eID law and scoping, i.e. principal IDs, derivative IDs and alternative IDs.

The Colloquium is very informative and invited the representatives of almost all the existing eID management laws and practices, including Estonia, US Virginia, Russia, Peru and China.

Through the discussions at the Colloquium, the UNCITRAL will officially launch the new project on eID management and trust service in the auspices of the Electronic Commerce Working Group, which is expected to conclude its work on the drafting of the Model Law on Electronic Transferable Records.

 

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