2. Freedom of Expression in the Information Society : Some Current Issues & Development Dr. A.K. Chakravarti * Adviser Department of Information Technology Ministry of Communications & Information Technology Government of India Web : http://www.mit.gov.in E-mail : achakravarti@mit.gov.in International Symposium on Freedom of Expression in the Information Society, Paris, Nov 15-16, 2002 * Views expressed are in individual capacity

3. Freedom of Expression in the Information Society : Some Current Issues & Developments Contents Post 9/11 Developments Agenda for Development for Developing Countries Ethical Issues and Freedom of Expression Protecting Collective Societal Rights Internet Sanitization Legal Standards in Cyberspace Technologies & Methodologies for Implementing Legal Framework : Capability Building Best Practices Studies

4. Post 9/11 developments : Recap Several national governments through legislation acquiring legal rights to monitor and carry-out surveillance of the Internet and e-mail and to deal with cybercrimes. Cyberspace/Internet…. Part of the real world Initiative taken by some of those countries known for freedom of expression

5. Post 9/11 developments : Recap European Convention on Cybercrime A Step towards International Convention on Cybercrime - Amongst others, USA, Canada, Japan signed Not yet any global framework involving UN agencies

6. Issues related to defining new ethical, legal and technical standards in Cyberspace to guarantee the preservation of freedom of expression and the protection of: Human dignity, children rights, privacy, human rights in general; Network security, collective rights and democratic values?

7. Agenda for Development for developing countries Use ICT as Tools for National Development: e-governance, e- learning, e-business etc. Enhance e-readiness; reduce digital divide Use ICT to increase the participation in global economy Increase positive impact of Internet and reduce the harmful/negative elements as viewed by Society Put in place Tools of Confidence for participation in Information Society : –Legal Framework –Technologies, tools, methodologies and wherewithal for implementation of legal framework –E-security

8. Ethical Issues and Freedom of Expression Concept of Obscenity - differs from country to country Child pornography - put in place best legal and technical set-up - to stop it - global consensus. But, how about pornography per se? Online Gambling A minimum common action plan to guard societal sensitivity in Information Society to be put in place.

9. Protecting Collective Societal Rights Traditional Knowledge and IP How to help protect or promote traditional knowledge, biodiversity and cultural expressions? Indian experience : Turmeric, Basmati, Neem etc. Prior art search and other societal evidence Traditional Knowledge Digital Library (TKDL) - Launch December 2002

10. Internet Sanitization Certain acts/expression which may not exactly be illegal (as per the law of the land today) but do not conform to decency norms of the Society Example : Spamming Cyberstalking Harmful effects on Minors (http://netsafety.nic.in)

11. Internet Sanitization : Approaches Self -regulation Code of conduct Guidance/Guidelines Technology tools Eventually towards legal remedy Is Standards setting at Global level possible?

12. Legal Standards in Cyberspace Nation’s laws as applicable For E-Commerce, various countries have enacted Laws drawing upon UNICTRAL Model Law on E- Commerce and subsequently Model Law on Electronic Signature IPR issues - TRIPS and WIPO (WCT and WPPT) Treaties Global Standards in present context?

13. Technologies & Methodologies for Implementing Legal Framework: Capability Building Tools for Confidence in Network Society Monitoring Internet Traffic Cyber Forensic Rights Management System etc. National capabilities building, international tie-up and towards harmonisation

14. Best Practices Studies Study tools, methodologies, technologies, policies, social and legal challenges in the world on a continuous basis Things are still evolving Share the knowledge on global basis to identify best practices, wherewithal to implement these - across the world….

15. Freedom of Expression in the Information Society To sum-up, issues covered: Post 9/11 developments. Agenda for Development for developing countries Ethical issues and Freedom of Expression Protecting Collective Societal Rights Internet Sanitization Legal Standards in Cyberspace Technologies & Methodologies for Implementing Legal Framework : Capability Building Best Practices Studies