Governance and Sovereignty: North American Perspectives Prepared by Michael Mac Neil For International Dimensions of Internet and e-Commerce Regulation,

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Presentation transcript:

Governance and Sovereignty: North American Perspectives Prepared by Michael Mac Neil For International Dimensions of Internet and e-Commerce Regulation, 25-26/10/2002

25/10/2002Michael Mac Neil2 Dimensions of Sovereignty Ability of states to exert control over their territory Ability of states to exclude other states from exerting control Sovereignty exerted through Legislative acts Executive acts Courts

25/10/2002Michael Mac Neil3 The Future of Sovereignty? Sovereignty undermined? Pressures towards common denominators –eg. Data havens / long-arm regulation Sovereignty Enhanced? Increased opportunities for monitoring and surveillance Sovereignty Transformed? Rise of supranational institutions Privatization of regulation

25/10/2002Michael Mac Neil4 Factors Affecting Sovereignty Internationalization of economy Borderless communication Technologies insulating from or enhancing law enforcement Values and ideologies

25/10/2002Michael Mac Neil5 Some Practical Issues Canada Privacy Encryption Content Regulation Interception of Communications United States Yahoo! France

25/10/2002Michael Mac Neil6 Canada: Privacy Personal Information Protection and Electronic Documents Act (PIPED) came into force in 2001 OECD influence on privacy principles - Policy convergence Important stage of self-regulation through ‘private’ development of privacy codes In part a response to EC Directive on Transborder Data Flow Internationalization of economic relations

25/10/2002Michael Mac Neil7 Canada: Encryption Policy Limited regulation of internal use, international coordination of export controls Deferral to marketplace Encourage private, self-help mechanisms to address privacy and online security concerns Technology as a limit on the exercise of sovereignty Continuing international coordination through Wassenaar Agreement

25/10/2002Michael Mac Neil8 Canada: Content Regulation CRTC refused to extend Broadcasting Act regulation to Internet Culture and sovereignty important nexus? Technology shaping the regulatory environment - convergence Desire for private solutions – industry and individual responsibility for content Efficacy of licensing schemes in a globalized environment

25/10/2002Michael Mac Neil9 Canada: Interception of Communications New discussion paper available at al/ al/ An assertion of sovereignty? Compliance with COE Convention on Cybercrime Adapt law enforcement strategies to new technologies Structuring architecture to enable regulation

25/10/2002Michael Mac Neil10 U.S.: Yahoo! France Resisting the Yahoo! France decision Whose law will govern Internet activity Enforceability of French Court order in US US constitutional values as a limit on regulability The limited application of “comity of nations” Declaration of unenforceability granted