INTERNET GOVERNANCE, POLICY & LAW

DR TUGHRAL YAMINASSOCIATE DEAN CIPS

NUST

SCOPE OF THE PRESENTATION

• WHAT IS INTERNET GOVERNANCE, POLICY & LAW?

• HOW ARE THESE THINGS LOOKED AT INTERNATIONALLY?

• WHAT IS THE SITUATION IN PAKISTAN?

CYBERSPACE IS CHAOTIC• CYBERSPACE HAS NO BOUNDARIES, NO

INTERNATIONAL TREATIES TO REGULATE & CONTROL DIGITAL ACTIVITY

• STATE ACTORS, NON-STATE ACTORS AND CRIMINALS OPERATE WITH IMPUNITY TO MAKE IT A CHAOTIC PLACE

• CYBER ATTACKS HAVE BECOME A NORM RATHER THAN AN EXCEPTION

• SUCH ATTACKS BESIDES CAUSING MONETARY LOSSES THREATEN INTERNATIONAL PEACE & STABILITY

LATEST INTERNATIONAL CYBER ATTACK

• A HUGE ATTACK ON GLOBAL INTERNET ACCESS BLOCKED SOME OF THE WORLD’S MOST POPULAR WEBSITES ON 21 OCTOBER 2016.

• IT WAS CAUSED BY HACKERS USING COMMON DEVICES LIKE WEBCAMS AND DIGITAL RECORDERS.

• THE SITES TARGETED INCLUDED TWITTER, PAYPAL AND SPOTIFY - ALL CUSTOMERS OF DYN, AN INFRASTRUCTURE COMPANY IN NEW HAMPSHIRE, US THAT ACTS AS A SWITCHBOARD FOR INTERNET TRAFFIC.

• OUTAGES WERE INTERMITTENT AND VARIED BY GEOGRAPHY, BUT REPORTEDLY BEGAN IN EASTERN US BEFORE SPREADING TO OTHER PARTS OF THE COUNTRY AND EUROPE.

• USERS COMPLAINED THAT THEY COULD NOT REACH DOZENS OF INTERNET DESTINATIONS, INCLUDING MASHABLE, CNN, THE NEW YORK TIMES, THE WALL STREET JOURNAL, YELP AND SOME BUSINESSES HOSTED BY AMAZON.

WHO OWNS THE INTERNET?• NO ONE PERSON, COMPANY, ORGANIZATION OR GOVERNMENT

RUNS THE INTERNET• INTERNET IS A GLOBALLY DISTRIBUTED NETWORK COMPRISING

MANY VOLUNTARILY INTERCONNECTED AUTONOMOUS NETWORKS

• DIGITALLY ADVANCED COUNTRIES WIELD INFLUENCE THROUGH ORGANIZATIONS SUCH AS: – INTERNET ENGINEERING TASK FORCE (IETF)– INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS

(ICANN)– NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION (NTIA– WORLD WIDE WEB CONSORTIUM (W3C)– SOCIETY FOR WORLDWIDE INTERBANK FINANCIAL

TELECOMMUNICATION (SWIFT)

• IETF DEVELOPS AND PROMOTES VOLUNTARY INTERNET STANDARDS SUCH AS INTERNET PROTOCOL SUITE (TCP/IP). TILL 1993 ITS ACTIVITIES WERE SUPPORTED BY US FEDERAL GOVT

• ICANN ADMINISTERS PRINCIPAL NAMESPACES ON THE NET AND IS HEADQUARTERED IN LOS ANGELES, CALIFORNIA

• NTIA IS AN AGENCY OF THE US DEPARTMENT OF COMMERCE THAT GIVES FINAL APPROVAL FOR CHANGES TO THE DOMAIN NAME SYSTEM (DNS) ROOT ZONE

• W3C IS THE MAIN INTERNATIONAL STANDARDS ORGANIZATION FOR THE WORLD WIDE WEB. FOUNDED BY TIM BERNERS-LEE AFTER HE LEFT THE EUROPEAN ORGANIZATION FOR NUCLEAR RESEARCH (CERN) IN OCTOBER, 1994.

• SWIFT IS A BELGIUM BASED ORGANIZATION THAT PROVIDES A NETWORK THAT ENABLES FINANCIAL INSTITUTIONS WORLDWIDE TO SEND AND RECEIVE INFORMATION ABOUT FINANCIAL TRANSACTIONS IN A SECURE, STANDARDIZED AND RELIABLE ENVIRONMENT

DEFINITION OF INTERNET GOVERNANCE

• A UN-INITIATED WORLD SUMMIT ON THE INFORMATION SOCIETY (WSIS) PROPOSED THE FOLLOWING DEFINITION OF INTERNET GOVERNANCE AS PART OF ITS JUNE 2005 REPORT:

• “THE DEVELOPMENT AND APPLICATION BY GOVERNMENTS, THE PRIVATE SECTOR AND CIVIL SOCIETY, IN THEIR RESPECTIVE ROLES, OF SHARED PRINCIPLES, NORMS, RULES, DECISION-MAKING PROCEDURES, AND PROGRAMMES THAT SHAPE THE EVOLUTION AND USE OF THE INTERNET”

INTERNATIONAL EFFORTS TO REGULATE CYBERSPACE

• THE INTERNATIONAL TELECOMMUNICATION UNION (ITU)• INTERNET GOVERNANCE FORUM (IGF) • WORLD SUMMIT ON THE INFORMATION SOCIETY (WSIS)• UN WORKING GROUP ON INTERNET GOVERNANCE (WGIG)• UN GROUP OF GOVERNMENTAL EXPERTS: DEVELOPMENTS

IN THE FIELD OF INFORMATION AND TELECOMMUNICATIONS IN THE CONTEXT OF INTERNATIONAL SECURITY

• THE BUDAPEST CONVENTION ON CYBERCRIME

INTERNATIONAL TELECOMMUNUCATION UNION (ITU)

• TH ITU ISSUES POLICIES ON THE USE OF THE INTERNET FROM TIME TO TIME

• ITU's INTERNET-RELATED ACTIVITIES, RESULTING FROM ITS ROLE AS MANDATED BY THE RELEVANT ITU RESOLUTIONS, WITH REGARD TO INTERNATIONAL PUBLIC POLICY MATTERS, STANDARDIZATION ASPECTS AND CAPACITY BUILDING EFFORTS

STATE POLICIES ON INTERNET• DIGITALLY ADVANCED COUNTRIES CRAFT POLICIES TO

– AGGRESIVELY USE THE MEDIUM OF THE NET TO SURVEIL & SUCK OUT INFORMATION FROM BOTH FOES & FRIENDS BOTH CITIZENS & STATE PARTIES

– THEY PREACH OPENNESS TO MAXIMIZE COMMERCIAL & IDEOLOGICAL OPPORTUNITIES THROUGH THE UNLIMITED REACH TO POTENTIAL BUYERS

• OTHER COUNTRIES E.G. CHINA AND RUSSIA FEEL THAT THERE SHOULD BE MORE CONTROLS TO PREVENT INDOCTRINATION

• ALL COUNTRIES WITHOUT EXCEPTION WANT TO PREVENT DATA BREACHES

CYBER SECURITY POLICY OF INDIA• INDIA’S NATIONAL CYBER SECURITY POLICY HAS BEEN PRODUCED BY DEPARTMENT

OF ELECTRONICS AND INFORMATION TECHNOLOGY (DEITY)• IT OFFERS A POLICY FRAMEWORK TO PROTECT THE PUBLIC AND PRIVATE

INFRASTRUCTURE FROM CYBER ATTACKS. • THE POLICY ALSO INTENDS TO SAFEGUARD "INFORMATION, SUCH AS PERSONAL

INFORMATION (OF WEB USERS), FINANCIAL AND BANKING INFORMATION AND SOVEREIGN DATA".

• THIS WAS PARTICULARLY RELEVANT IN THE WAKE OF US NATIONAL SECURITY AGENCY (NSA) LEAKS THAT SUGGESTED THE US GOVERNMENT AGENCIES ARE SPYING ON INDIAN USERS, WHO HAVE NO LEGAL OR TECHNICAL SAFEGUARDS AGAINST IT.

• MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (INDIA) DEFINES CYBERSPACE IS A COMPLEX ENVIRONMENT CONSISTING OF INTERACTIONS BETWEEN PEOPLE, SOFTWARE SERVICES SUPPORTED BY WORLDWIDE DISTRIBUTION OF INFORMATION AND COMMUNICATION TECHNOLOGY

WHAT IS THE STATE OF CYBER AFFAIRS IN PAKISTAN?

• ABSENCE OF A CYBER CZAR, FEDERAL & PROVINCIAL AUTHORITES TO LOOK AFTER CYBER MATTERS

• NO CENTRAL CYBER POLICY• NO BUDGETARY ALLOCATIONS FOR CYBER

SECURITY• NO BILATERAL OR MULTILATERAL TREATIES

WITH ANY COUNTRY FOR CYBER COOPERATION

ANY QUESTIONS?