Institute for Internet Policy & Law @ Beijing Normal University

The withdrawal of the United States from the Trans-Pacific Partnership (TPP) process, and the current deep freeze of U.S.-EU negotiations on a Trans-Atlantic Trade and Investment Partnership (TTIP) has generated gaps in plurilateral efforts to promote the Digital Economy through targeted policy initiatives and regional commercial frameworks. It has become difficult to address emerging digital challenges in areas like privacy and intellectual property in key economic sectors such as healthcare, financial services, and government procurement despite agreement among all parties that measures to support the cross-border flow of data are central to economic growth and innovation.

A related objective of this first dialogue held in Washington DC on November 6-7, 2017, co-organized by Asia and Europe Dialogue on Growing the Digital Economy and John Hopkins University SAIS Center for Transatlantic Relations was to mobilize a network of academic experts on the Digital Economy across Europe and Asia. Improved and sustained interaction among the scholarly, business, government, and NGO communities is likely to contribute to the development of sound policies supportive of growth and continued innovation in digital markets. Prof. Xue took part in the Dialogue and chaired the Session I:  Moving from an “Internet” to a “Digital” Economy and gave a keynote in Session V:  Managing Transformative Digital Technologies.

As stated by Prof. Xue, more than 800 million Chinese are online. China boasts the largest online consumer market and is second only to the United States in the size of its B2B online commerce. Malaysia’s Central Bank has just introduced guidelines for mobile payments and the country is among the largest centers for data processing globally. Japan is investing heavily in next generation technologies, prominently AI and robotics. The Republic of Korea boasts global industry leaders, such as Samsung and Naver. India has also fully embraced the potential of the Digital Economy. A recent example is the government’s push to reduce the amount of paper money in circulation and grow the digital payments space.

Yet overall the Asia-Pacific region is less connected digitally among its constituent parts, and less connected to North America and Europe than the other two regions are connected to each other. Europe has the largest share of interregional data flows of all regions, and is pushing international norms on a series of issues related to the digital economy that could have significant repercussions in the Asia-Pacific region. European companies account for 21% of Internet of Things (IoT) companies globally, compared to a 5% share for Chinese and Japanese companies. European companies account for 32% of big data companies globally, compared to 6% for Chinese and Indian companies and 2% for Japanese and Korean companies. Yet Europe suffers problems of fragmentation, scale, and divisions between “network-ready” western and northern Europe and less-ready countries in southern and eastern Europe.

Asia-Pacific views on the Digital Economy are rooted more in an economic imperative than a social perspective. There are also significant implications flowing from the EU’s view of data protection as a fundamental human right in sharp contrast to China’s view of data security as a fundamental state right. The General Data Protection Regulation (GDPR), to be implemented by the EU in May 2018, has sparked deep concerns across the Asia-Pacific region regarding regulatory costs, market access and the impact on innovation and growth. European views on privacy and Asian concerns about the extent to which such views may be pushed via regulation might be addressed in part, but not fully, through better technology. National and regional regulation needs to be grounded in how the technology actually operates. The diversity in approaches to the management of data seen in Asia may be more functional than the conformity demanded by the European approach. “Adequacy” provisions are moving forward between the EU and Japan, and most likely between the EU and the Republic of Korea, with uncertain implications for other Asia-Pacific countries or broader international norms.

The event helped to frame and energize a dialogue between Asian and European scholars with the goal of supporting parallel discussions in government and private sector policy circles on the tools and processes essential to the management and growth of the Digital Economy.  The outcomes from this meeting will be further developed at subsequent sessions planned for Tokyo (Spring 2018) and Brussels (Fall 2018).

Gratitude Letter_Prof. Hong Xue

ESCAP, ADB and the Coordinating Ministry of Economic Affairs Indonesia organized the 8th Asia-Pacific Trade Facilitation Forum from the 5-8 September 2017 in Yogyakarta, Indonesia. The theme for this year’s APTFF is Trade Facilitation Innovations for Sustainable Development in Asia and the Pacific. The Asia-Pacific Trade Facilitation is the leading regional platform for the exchange of information, experiences and practice on trade facilitation. The APTFF has been organized by UN ESCAP and ADB and growing number of partners since 2009. The Forum attracts over 250 participants from over 30 countries. This year’s Forum featured panel discussions, interactive sessions and an exhibition highlighting innovations and trends in trade facilitation in the Asia-Pacific region. The Forum also included a number of side-events providing more in-depth exploration of the pertinent trade facilitation issues. These events are held to maximize learning and capacity building on trade facilitation of participants attending the Forum. While the nature and number of side events vary every year, they generally include a study tour organized by the host country, as well as technical workshops co-organized with the United Nations Network of Experts for Paperless Trade in Asia and the Pacific (UNNExT), WCO or other members of the Global Facilitation Partnerships for Trade and Transport (GFP).

Prof. Xue presented on legal impact of international digital trade at the Session 3 Facilitating Trade Behind the Border: Creating an Enabling (Business) Environment for Cross-border trade on September 6, 2017. She also participated in the UNNExT Advisory Committee Meeting. On September 7, 2017, Prof. Xue moderated the UNCITRAL Side Event “Taking FTA Electronic Commerce Chapters Seriously: UNCITRAL Texts for Mutual Recognition of Electronic Communications and Signatures” and actively contributed to the Panel’s discussion and Q&A.

国际贸易法委员会亚太地区中心(UNCITRAL RCAP)与北京师范大学(BNU)国际电子商务法联合认证项目(JCP)自2013年建立以来，于2014年至2016年成功举办了三届“国际电子商务法学术周”活动，包括学术研讨会、学术讲座、模拟法庭等，与教学科研紧密结合、良性互动，成效显著。在《中华人民共和国电子商务法》（草案）已经提请中国全国人大常委会初次审议的背景下，“联合认证项目第四届春季国际电子商务法学术周”（2017 Spring JCP Academic Week）活动将于2017年6月第一周在北京师范大学法学院举办，主要包括以下活动：2017年6月5日13:30“一带一路经济体跨境电子商务法律问题国际研讨会”在北师大法学院学术报告厅举行；2017年6月6日18点“国际电子商务法国际专家讲座”在北师大法学院1922教室举行；以及于2017年6月3日合作主办的“电子商务发展与立法国际研讨会”。

一带一路经济体跨境电子商务法律问题国际研讨会

International Seminar on Legal Issues in Cross-Border E-Commerce Among One Belt One Road Economies

主办单位：北京师范大学互联网政策与法律研究中心（Beijing Normal University Institute for Internet Policy & Law）

合办单位：国际商会中国国家委员会海关与贸易便利化委员会（ICC China Customs and Trade Facilitation Committee ）

日期、时间：2017年6月5日13:30-17:00 / 5 June 2017 13:30-17:00

地点：北京师范大学法学院学术报告厅（北师大后主楼1822） / Beijing Normal University Law School Auditorium

主持人：北京师范大学互联网政策与法律研究中心主任 薛虹教授 / Prof. dr. Hong Xue, Director of BNU Institute for Internet Policy & Law

2017年6月5日下午，一带一路经济体跨境电子商务法律问题国际研讨会（International Seminar on Legal Issues in Cross-Border E-Commerce Among One Belt One Road Economies）在后主楼1824高铭暄学术会议室举行。本次研讨会是由北京师范大学互联网政策与法律研究中心主办国际商会中国国家委员会海关与贸易便利化委员会合办的本次研讨会由北京师范大学互联网政策与法律研究中心主任薛虹教授现场主持，中华人民共和国商务部条约法律司黄杰处长、阿里研究院电商研究中心副主任薛艳女士、亿邦动力总裁郑敏先生、网规研究中心主任阿拉木斯先生和联合国国际贸易法委员会Luca Castellani先生 / Mr. Luca Castellani出席本次研讨会并进行主题发言。阿里巴巴集团、亿邦动力国际电子商务股份有限公司等企业和联合国国际贸易法委员会的代表以及北京师范大学的师生代表共计40余人参加了会议。六位主讲人分别从不同方面对一带一路跨境电商法律问题提出了自己的研究成果和畅想。

会议开始，在薛虹教授热烈欢迎各位嘉宾代表与会人员出席本次会议，并简单介绍了本次会议的与会人员和议程。

随后中华人民共和国商务部条约法律司黄杰处长就中国电子商务法草案中跨境电子商务法律制度发表了建议，他表示跨境电商对互联网+和双创都有促进、先导作用，对一带一路的建设提供了更好的平台。我们要在进行制度创新，推动制度设计，探索立法，借鉴各国立法经验。跨境电商作为新生事物，我们在立法中用专章来进行了总体规范，7个条款都是原则性规范，给未来的发展预留了足够的空间。

薛艳副主任以 eWTP助力“一带一路”建设为主题，就一带一路倡议与网上丝绸之路；阿里大数据与各沿路国的接入程度；阿里实践的经验； eWTP畅想四个方面进行了深入的讲解。

郑敏总裁主要为我们介绍了现阶段跨境电商态势的思考，他提到跨境电商主要带来了4个方面的变化，并介绍了跨境电商最新的动态：品质商品接棒拉动增长、趋零售态势更明显、新空间是综合供应链服务、数字丝路是海陆空网相乘、政策规则反复不必悲观。

阿拉木斯就我国“国内法律下跨境电子商务的平台责任”进行了深入的分析。他先从国内4个新事件入手，介绍了平台责任发展的3个阶段、6个趋势、以及现状，并总结了给平台责任的不确定因素，最后提出了不断拉高平台责任的危害。

薛虹教授以其丰富的实务经验和深厚的学术素养，主要介绍了联合国最新形成的《亚太地区跨境无纸贸易便利化框架协定》的主要形成过程和主要内容。该协定是由中、韩、俄三国领导倡议形成，在亚太地区适用，旨在促进各成员国法律与实践的协调化，其最核心的法律贡献是规范了电子形式贸易数据和文件的跨境互认。

Luca Castellani先生主要介绍了《联合国国际合同使用电子通讯公约》，他认为，实体贸易想要在现有各国法律体系上实现一体化很难，但跨境电商作为新生事物，应采用不同的模式，将联合国示范法推广到各国，以实现贸易便利化。他还认为跨境电商中，B2B虽然是不可避免的难点，但G2G更是难点。如何讲非歧视原则、功能等同原则、技术中立原则理想的适用于各国的司法、公法模式是我们要一直努力的工作，但现在更迫在眉睫的是怎么将该3个原则适用于跨境贸易便利化中。

会议最后，薛虹教授在总结讲话中再次对各位代表的出席和表示衷心感谢

本次研讨会是北京师范大学法学院“国际电子商务联合认证项目第四届春季国际电子商务法学术周”（2017 Spring JCP Academic Week）的系列活动之一。联合国国际贸易法委员会亚太地区中心(UNCITRAL RCAP)与北京师范大学(BNU)国际电子商务法联合认证项目(JCP)自2013年建立以来，于2014年至2016年成功举办了三届“国际电子商务法学术周”活动，包括学术研讨会、学术讲座、模拟法庭等，与教学科研紧密结合、良性互动，成效显著。

 附会议议程：

13:30-13:45 简要介绍 / Introduction

13:45-14:15 中国《电子商务法》草案中跨境电子商务法律制度 / Legal Systems on Cross-Border E-Commerce in the Draft of Chinese E-Commerce Law

主讲人：商务部条约法律司刘红处长 / Ms. Hong Liu, Treaty and Law Department, Ministry of Commerce

14:15-14:45  eWTP助力“一带一路”建设 / eWTP Empowers the Construction of One Belt One Road

主讲人：阿里研究院电商研究中心副主任薛艳女士 / Ms. Yan Xue, Deputy Director of E-Commerce Research Center, Ali Academy

14:45-15:15 跨境电子商务态势思考 / Thoughts on the Trend of Cross-Border E-Commerce

主讲人：亿邦动力总裁郑敏先生 / Mr. Min Zheng, CEO of of Ebrun International E-Commerce Inc.

15:15-15:45 国内法律下跨境电子商务的平台责任 / The Liability of Cross-border E-Commerce Platforms under the Domestic Laws

主讲人：网规研究中心主任阿拉木斯先生 / Mr. Alamusi, Director of Net Rules Research Center

15:45-16:15 联合国亚太地区跨境无纸化贸易便利化框架协议 / Framework Agreement on Facilitation of Cross-Border Paperless Trade in Asia and the Pacific

主讲人：北京师范大学互联网政策与法律研究中心主任薛虹教授 / Prof. dr. Hong Xue, Director of BNU Institute for Internet Policy & Law

16:15-16:45联合国国际合同使用电子通讯公约 / United Nations Convention on the Use of Electronic Communications in International Contracts

主讲人：联合国国际贸易法委员会Luca Castellani先生 / Mr. Luca Castellani, UNCITRAL

16:45-17:00 会议总结 / Conclusion

国际电子商务法国际专家讲座

International Expert Lecture on International E-Commerce Law

主办单位：北京师范大学互联网政策与法律研究中心

日期、时间：2017年6月6日18:00-20:00 / 6 June 2017 18:00-20:00

地点：北京师范大学法学院1922教室 / Beijing Normal University Law School Classroom 1922

主持人：北京师范大学互联网政策与法律研究中心主任 薛虹教授 / Prof. dr. Hong Xue, Director of BNU Institute for Internet Policy & Law

主讲人：联合国国际贸易法委员会Luca Castellani先生 / Mr. Luca Castellani, UNCITRAL

电子商务发展与立法国际研讨会

International Symposium on E-Commerce Legislation and Industrial Development

2017年6月3日 3 June 2017′

主办单位：北京外国语大学 Beijing Foreign Studies University

支持单位：国际电子商务法联合认证项目 UNCITRAL RCAP-BNU Joint Certificate Program on International E-Commerce Law

IIPL has been working diligently with its research partner Indian Center of Internet and Society (CIS) on the Issues in Mobile Internet and Access to Knowledge. The joint project has been going for two years. A couple of research exchanges, in-person meetings or virtual calls, have been arranged. Both parties have been working on four chapters on copyright, licensing, patent and anti-trust related issues on the Mobile Internet respectively in Chinese and Indian legal environment. A comprehensive review meeting was held at end of February 2017 in Macau, with the support of local research institutions. At the review meeting, both Chinese and Indian researchers of each chapter made the in-depth presentation on research methodology, progress and outlines of the contents. Prof. Xue presented, on behalf of the Chinese team, on all four chapters that have been working on from the Chinese side. 7 India young researchers presented respectively the chapters from the Indian side. International experts from Canada ICTSD and USA were invited to review the research and highly acknowledged the quality and value of the outputs.

Four pairs of the chapters from both countries showcase the very interesting landscape and potential of mobile Internet in two biggest Internet communities in the world. Both opportunities and caveats emerge from these research outputs. The upcoming comparative studies will be even more inspiring. The research is an epic one in both countries as well as in the whole world. Its final product will be an importance contribution to the research on the Internet 2.0 that is community-based, social-media centered and ubiquitous on wireless network. The two partners is going to present its research achievements to the regional community at the APrIGF at the end of July 2017.

On 1 October 2016, the contract between the Internet Corporation for Assigned Names and Numbers (ICANN) and the United States Department of Commerce National Telecommunications and Information Administration (NTIA), to perform the Internet Assigned Numbers Authority (IANA) functions, has officially expired. This historic moment marks the transition of the coordination and management of the Internet’s unique identifiers to the private-sector, a process that has been committed to and underway since 1998.

Prof. Xue, as a long-time active member on the Multi-stakeholder Steering Group of Asia Pacific Regional IGF (APrIGF) called for US government to timely  complete the IANA oversight transition as scheduled at APrIGF 2016 in Taipei. As a member of the Draft Committee, Prof. Xue suggested use the strong and unequivocal wording to support the global multi-stake process for the transition.

Before the IANA Functions contract ended on October 1st, 2016, some in the US Congress had challenged the validity of the proposal to transfer (or “transition”) the oversight role currently exercised by the US Administration, to a multi-stakeholder Internet community equipped with accountability mechanisms.

Prof. Xue, along with the other Internet leaders, signed on a letter sent to the President of the United States of America on September 14, 2016. Similar letters were sent to the Speaker and Leadership of the House of Representatives, as well as to the President pro tempore and Leadership of the Senate. In these letters, the signatories state: “It is our sincere hope that the Administration will now implement, and that the Congress of the United States of America will not impede the transition of oversight of the IANA Functions.”

Below is the full text of the letter.

List of recipients of our letters:
– President Barack Obama,
– Ms. Penny Pritzker, Secretary of Commerce
– Hon. Ryan Paul, Speaker of the House of Representatives
– Hon. Harry Reid, Democratic Leader
– Hon. Nancy Pelosi, Minority Leader
– Hon. Orrin Hatch, President pro tempore of the Senate
– Hon. Mitch McConnell, Majority Leader

Copies of these letters were sent to:
– Dr. Larry Strickling, Assistant Secretary of Commerce, Administrator of NTIA
– Ms. Fiona Alexander, NTIA
– Dr. Steve Crocker, Chair, and Members of the ICANN Board
– Members of the ICG

Copies of the letters were communicated by separate emails to the following media:
– TheHill.com
– RollCall.com
– BBC North America
– Washington Internet Daily
– Bloombert BNA
– The Guardian, London

* * *

12th of September, 2016
To:
The President of the United States of America
(…)

Dear Mr. President:

As the first truly universal infrastructure in human history, the Internet has allowed huge progress to be achieved in business, legislation, science, public health, agriculture, industry, education and communications, at the same time as it has facilitated the daily lives of ordinary citizens all over the world.

Because of the seminal contribution of the United States of America in creating the Internet and carrying forward so many of its subsequent developments, your country has earned the deep and lasting gratitude of billions of people. In fact, today’s younger generations in so many countries cannot even imagine life without the benefits of ubiquitous connectivity, quick and free access to knowledge, as well as the facilitation of social intercourse.

As individuals deeply engaged in, and committed to improving the integrity, stability and uses of the Internet, we believe that now is an appropriate time to confirm the multi-stakeholder model of the Internet, in a way that would benefit both the United States and the rest of the world. In this respect, we note that the United States have consistently considered that the further development of the Internet would best be served by a global multi-stakeholder model:

1. At the inception of the Internet Corporation for Assigned Names and Numbers (ICANN) in September 1998, the U.S. Government and Internet stakeholders envisioned that the U.S. oversight of the Internet Assigned Numbers Authority functions (“IANA functions”) would be temporary. Also in 1998, the U.S. Department of Commerce issued a Statement of Policy that the U.S. Government “is committed to a transition that will allow the private sector to take leadership for DNS (Domain Name System) management.”

2. In December 2012, the House of Representatives and the Senate jointly stated: “It is the sense of Congress that the Secretary of State, in consultation with the Secretary of Commerce, should continue working to implement the position of the United States on Internet governance that clearly articulates the consistent and unequivocal policy of the United States to promote a global Internet free from government control and preserve and advance the successful multistakeholder model that governs the Internet today.” (H.Con.Res.127; S.Con.Res.50).

3. In March 2014, the National Telecommunication and Information Agency (NTIA) announced its intention to transition key Internet domain name functions to the global multistakeholder community. As the first step, NTIA asked ICANN to convene global stakeholders to develop a proposal to transition the current oversight role played by NTIA in the coordination of the Internet’s domain name system, and set out four criteria for such a transition to merit consideration. As requested, ICANN convened the IANA Stewardship Transition Coordination Group (ICG) which started work in December 2014.

4. In March 2016 the ICG, with the input of the Internet community, submitted its Proposal to NTIA. The NTIA certified that the Proposal met the four criteria (June 2016), approved it (August 2016), and announced its intention to let the IANA Functions contract expire on October 1st, 2016.

It is our belief and indeed our conviction that the transition of oversight of the IANA Functions, from an agency of the United States Government to a multi-stakeholder system equipped with detailed checks and balances, will safeguard the security, openness and efficiency of the Internet, while helping to meet some of the challenges facing humanity and the world in which we live.

In bringing this to your esteemed attention, we are inspired by the fact that the foundation of the United States of America was, in itself, a major innovation of its time: it set out a model of government predicated on principles, a judiciary unswerved by political partisanship, and an economic model in which wealth and success would be earned by initiative and enterprise rather than by inheritance alone. Implementing those lofty principles required open information, as well as the awareness and growing participation of citizens. For the Internet today, the challenges are not very different.

It is our sincere hope that the Administration will now implement, and that the Congress of the United States of America will not impede the transition of oversight of the IANA Functions.

We are addressing similar letters to the Honorable Speaker of the House of Representatives, and to the Honorable President pro tempore of the Senate.

Most respectfully,
On behalf of the signatories listed below:
Jean-Jacques Subrenat
(Ambassador, ret.)

SIGNATORIES:

The Hon. Carl Bildt (Sweden)
Chair, Global Commission on Internet Governance; former Prime Minister & Foreign Minister

Dr. Vinton G. Cerf (United States)
former Chair of the Board of ICANN, Internet Pioneer

Ms. Avri Doria (United States)
Principal Researcher, Technicalities

Mr. Roberto Gaetano (Italy)
Chair, the Public Interest Registry

Prof. Dr. MURAI Jun 村井 純 (Japan)
Dean & Professor, Environment and Information Studies, Keio University
Founder of Junet & WideProject

Dr. Nii Narku Quaynor (Ghana)
Chairman, Ghana Dot Com Ltd.; founding Chairman of AfriNIC

Ms. Njeri Rionge (Kenya)
Founder & CEO, Ignite Consult. & Investment; co-founder & Director, Wananchi Online Ltd.

The Hon. Ms. Marietje Schaake (Netherlands)
Founder, Intergroup on the Digital Agenda for Europe; Member of the European Parliament

Mr. Jean-Jacques Subrenat (France)
Ambassador (ret.); Former member, ICANN Board; Member of the ICG (2014~)

Dr. Prof. XUE Hong 薛虹 (China)
Founding Director, Institute for Internet Policy & Law, Beijing Normal Univ. 北京师范大学

Dr. Prof. YOKOZAWA Makoto 横澤 誠 (Japan)
Professor, Kyoto University; Vice Chair of the Internet Economy WG, Keidanren

(Views expressed in this letter are those of the signatories, and do not purport to represent the positions of entities with which they may be associated.)