Ministers’ Deputies

CM Documents

CM(2011)175-final      15 March 2012

 

Internet Governance[1] –

Council of Europe Strategy 2012-2015

 

Executive Summary The Council of Europe is promoting an Internet based on its core values and objectives, namely human rights, pluralist democracy and the rule of law; developing Europe's cultural identity and diversity; finding common solutions to the challenges facing European society; and consolidating democratic stability in Europe. With over 40 lines of concrete action, the strategy identifies challenges and corresponding responses to enable state and non-state actors together to make the Internet a space which is inclusive and people-centred. The existing framework of international law, including human rights law, is, as a matter of principle, equally applicable on-line as it is off-line. For the Council of Europe, access to the Internet is enabling unprecedented numbers of people to speak out, to impart information and ideas, and to spontaneously assemble.  Protecting and preserving the Internet by “doing no harm” to its functioning is therefore vital to secure the online exercise of Articles 10 and 11 of the European Convention on Human Rights. At the same time, with freedom comes the need for citizens to be adequately informed, enabling them to deal responsibly with services offered via the Internet. For people to trust the Internet, the protection of personal data and respect for privacy on the Internet are indispensable. The Council of Europe Convention on data protection (“Convention 108”) is the best available instrument to protect and promote data protection worldwide. By modernising it and strengthening its implementation, we can address challenges posed by new technologies. The opportunities of the Internet also carry risks, such as cybercrime. The Budapest Convention on Cybercrime is the first treaty in this field. Its potential should be fully exploited. The Internet has a great potential to promote democracy and cultural diversity. Increased data collection through the European Audiovisual Observatory and improved public services through the Internet should be developed. Making sure that the rights of children and young people are not violated and that their human rights are respected in all areas, including on the Internet, is a priority. We cannot accept images of sexual abuse of children circulating on the Internet.  Children must be able to safely play, learn, communicate and develop. They have integrated the Internet and other ICTs into their everyday lives and in their interaction with others. Internet services and new media environments, such as social networks, blogs, chats and messenger services offer great opportunities but can carry risks of violence, abuse or exploitation. The strategy sets out a coherent vision for a sustainable long-term approach to the Internet. Its success will depend greatly on multi-stakeholder dialogue and support.

Introduction

1.         In recent years, the Council of Europe has been active in addressing issues linked to the evolution of information and communication technologies. It has in particular developed international law to help governments fight cybercrime, combat the sexual exploitation and abuse of children (including the ‘grooming’ of children via the Internet), as well as to deal with violations of human rights such as the right to private life (including through the protection of personal data) and the protection of fundamental freedoms such as freedom of expression. This is being complemented by an increasing number of policy standards, practical tools and opportunities for multi-stakeholder co-operation, which are helping governments, the private sector and civil society to protect and respect human rights, rule of law and democracy on the Internet.

Human rights, democracy and the rule of law on the Internet: a Council of Europe priority

2.         The Internet has become an essential tool for many people in their everyday lives. It is imperative that people can use the Internet with freedom and confidence. The most effective way to achieve this is through the promotion and respect of the Council of Europe’s core values on the Internet with regard to its use and governance.

3.         An open, inclusive, safe and enabling environment must go hand in hand with a maximum of rights and services subject to a minimum of restrictions and a level of security which users are entitled to expect. Freedom of expression and information regardless of frontiers is an overarching requirement because it acts as a catalyst for the exercise of other rights, as is the need to address threats to the rule of law, security and dignity.

4.         The Council of Europe fully supports the multi-stakeholder model of Internet governance which ensures that the Internet remains universal, open and innovative, and continues to serve the interests of users throughout the world.

Aims and objectives

5.         The strategy identifies priorities and sets goals for the next four years (2012-2015) to advance the protection and respect for human rights, the rule of law and democracy on the Internet. Its main objectives include:

-           protecting the Internet’s universality, integrity and openness;

-           maximising rights and freedoms for Internet users;

-           advancing data protection and privacy;

-           enhancing the rule of law and effective co-operation against cybercrime;

-           maximising the Internet’s potential to promote democracy and cultural diversity;

-           protecting and empowering children and young people.

6.         The strategy will span two biennium Council of Europe budgetary cycles (2012’2015) and will focus on the delivery of appropriate legal and political instruments and other tools, such as industry guidelines and manuals, through relevant bodies and actors of the Council of Europe (steering committees, groups of experts, monitoring bodies, commissions, etc) as well as through co-operation arrangements between governments, the private sector, civil society and relevant technical communities.

7.         The strategy builds on and is in line with the Committee of Ministers’ 2011 Declaration on Internet Governance Principles[2] and its Recommendation CM/Rec(2011)8[3] on the protection and promotion of the universality, integrity and openness of the Internet.

Lines of action

8.         The global success of the Internet is owed to the fact that it is open, non-discriminatory and easily accessible. The maintenance of the structure requires the progressive development of international standards that are mutually recognised by states, the private sector, civil society and other relevant technical communities. Action will focus on:

a.         developing a “framework of understanding and/or commitments”, based on the Council of Europe’s core values and principles on Internet governance to protect the Internet’s universality, integrity and openness as a means of safeguarding freedom of expression regardless of frontiers and Internet freedom;

b.         exploring the possibilities for enhancing access to the Internet to enable the full exercise of rights and freedoms;

c.         developing appropriate human rights-based standards to protect and preserve the unimpeded cross-border flow of legal Internet content. This includes ensuring that the Internet is, at all times, accessible and without any arbitrary interruption (i.e. not “switched off”) by fostering inter-state (international) co-operation so that governments can better anticipate, prepare and thereby avoid disruption to the Internet;

d.         promoting Council of Europe human rights standards globally and, in this respect,  encouraging member states to bear these in mind in their bilateral discussions with third countries, and, where necessary, consider the introduction of suitable export controls to prevent the misuse of technology to undermine those standards;

e.         developing human rights policy principles on “network neutrality” to ensure Internet users have the greatest possible access to content, application and services of their choice as part of the public service value of the Internet and in full respect of fundamental rights.[4]

9.         To promote access to and best use of the Internet requires an equal amount of effort to safeguard the freedom of Internet users. In this context, action will focus on:

a.         drawing up a compendium of existing human rights for Internet users to help them in communicating with and seeking effective recourse to key Internet actors and government agencies when they consider their rights and freedoms have been adversely affected: to report an incident, lodge a complaint or seek a right to reply, redress or other form of recourse;

b.         raising public awareness concerning rights and freedoms on the Internet by means of campaigns in member states and, where appropriate, in non-member states (in particular neighbouring Mediterranean countries via the North-South Centre and the Venice Commission);

c.         continuing to explore the balance between guaranteeing the fundamental right to freedom of expression and protecting the honour and reputation of persons, as protected under the European Convention on Human Rights;

d.         promoting the accessibility of Internet content to all actual or potential users, including people with sensory or intellectual impairments, vulnerable groups and minorities;[5]

e.         developing human rights-based guidelines and best practice, such as awareness and training for new media actors on the risks of hate speech, to help governments and Internet intermediaries acting as media pathfinders and gateways to promote freedom of expression and access to pluralistic, quality-based and diverse sources of information;[6]

f.          encouraging and supporting the private sector, within the jurisdiction of Council of Europe member states, to ensure their corporate policies and practices respect human rights and fundamental freedoms in all of the countries in which they operate;

g.         increasing the literacy of all social and age groups, especially by offering training opportunities to groups with below average Internet usage;

h.         exploring the possibilities for positive use of information and communication technologies (ICTs) in fighting human rights abuses, such as alerting public authorities of incidents of domestic violence or threats to “whistleblowers”.

10.        People are spending an increasing amount of time exercising their rights to freedom of opinion, expression, information, assembly and association on the Internet for both professional and personal reasons which is resulting in an increasing amount of personal data being deposited and transmitted online. Efforts to protect their privacy and in particular their personal data are therefore more and more important.[7]

10.1      The freedom, dignity and privacy of Internet users must be a central concern and priority for democracies, especially governments which rely upon and encourage the use of new technologies. Action will focus on the following:

a.         modernising the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 108 also known as “Convention 108”) so that it fully addresses the challenges posed by new technologies and facilitates greater consensus between governments and other stakeholders on global technology-neutral privacy standards;

b.         strengthening the implementation of Convention 108 through the Council of Europe Consultative Committee (T-PD), and through the implementation of technical assistance programmes in Europe and third countries;

c          promoting accession to Convention 108 by member states as well as non-member states of the Council of Europe;

d.         reviewing and, where necessary, updating recommendations of the Committee of Ministers of the Council of Europe on the protection of personal data used for employment purposes,[8] the use of personal data in the police sector[9] and the protection of medical data;[10]

e.         reviewing Council of Europe standards on anonymity;[11]

f.          securing the right to privacy of citizens, including children and vulnerable persons, in the new media environment[12] in line with Convention 108, in particular by:

- promoting the development of measures and tools for children and their families to better manage their privacy and personal data and, in this connection, their identity, such as by using pseudonyms on the Internet;

- promoting practices that enable the deletion of content produced by children, including its traces (logs, records and processing) within a reasonably short period of time;and exploring whether this approach may be broadened;[13]

g.         developing human rights-based data protection guidelines for states, the private sector and civil society in the light of trends and challenges posed by the Internet (this concerns for example health related data, in particular genetic data, biometric data, “cloud computing”, “privacy by design”, “Internet of things”, requesting the removal of personal data from the Internet, geo-location tracking, and informed “consent” to terms and conditions of service).

11.        The Internet is a space which should be guided by respect for the rule of law and human rights. Protecting users from crime and insecurity while, at the same time, promoting their trust and confidence is of paramount importance.

12.        Cybercrime is a challenge that societies worldwide are confronted with, the threat of which is likely to increase in the years to come. Based on the Budapest Convention on Cybercrime (CETS No. 185) and other relevant standards and tools, action –in particular through the Cybercrime Convention Committee (T-CY), as well as other relevant committees (such as the CDPC and the CDMSI), and capacity building programmes – will focus on:

a.         contributing to harmonisation of legislation at the global level, promoting broader participation in, use and enhancement of the Budapest Convention as reference standard for international co‑operation against cybercrime;

b.         reviewing the effective implementation of the Budapest Convention, and its Protocol (CETS No.189);

c.         creating greater legal certainty regarding trans-border law enforcement access to data and jurisdiction through an appropriate instrument[14] that clarifies issues related to conditions and safeguards and promotes confidence and trust;

d.         expanding technical assistance programmes to strengthen the capacities of countries worldwide to take measures against cybercrime;

e          protecting the rights of the child, by supporting criminal law measures against the sexual exploitation and abuse of children based also on the standards of the Budapest Convention and the Convention on the Protection of Children against Sexual Exploitation and Sexual abuse (CETS No. 201) and other relevant standards and tools;

f.          preventing and controlling criminal money flows through the Internet including money laundering and Internet gaming, through synergies with the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) and the Convention on the Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on Financing of Terrorism (CETS No. 198);

g.         ensuring public security, preventing cybercrime and terrorist use of the Internet, in particular by supporting the implementation of the Convention on the Prevention of Terrorism (CETS No. 196);

h.         protecting public health, in particular by supporting the implementation of the Convention on the counterfeiting of medical products and similar crimes involving threats to public health (‘MEDICRIME’ Convention CETS No. 211);

i.          promoting rule of law and human rights principles, including conditions and safeguards (Article 15 Budapest Convention) and data protection standards (Convention 108);

j.          participating actively in other international fora, including the United Nations, Organisation for Security and Co-operation in Europe (OSCE) and European Union, on cybercrime and cybersecurity.

13.        The Internet provides increasing opportunities for national authorities to reach out and engage new audiences in society and thereby develop new models of governance, deliberation and participation.  Transparency is vital for this. Action will focus on collecting and sharing data and examples of good practice on:

a.         laws, regulations and trends related to Internet governance through, where possible, the European Audiovisual Observatory. In doing so, particular attention should be paid to ensuring reliability, compatibility and comparability of information;

b.         promoting citizens participation and engagement in public life, such as on-line consultations on draft laws on participation policies, strategies and good practices, connecting and engaging with large undefined groups of people to address a message or engage in a specific task, i.e. “crowd sourcing”[15]; in this context, media pluralism and press freedom on the Internet should be strengthened as indispensable prerequisites of democratic societies;

c.         developing the secure use of the Internet in the field of democratic elections, such as voter information, campaigning, voting, in particular through biennial reviews of Council of Europe standards on
e-voting;[16]

d.         promoting transparency and accountability in democratic governance inter alia by using the Internet to facilitate access to official documents as part of the implementation of Convention on Access to Official Documents (CETS No. 205), and by implementing the Code of good practice on information, participation and transparency in Internet governance;[17]

e.         using the Internet in citizenship and human rights education including with respect to life-long learning;[18]

f.          facilitating access to a wide variety of rich and diverse cultural content and promoting active participation in its creation;

g.         promoting active and participative inter-cultural and inter-religious dialogue using social media and other online tools;

h.         raising awareness in school environments concerning the rights of others in the exercise of freedom of expression using online social media and other web-based applications.

14.        The security, dignity and privacy of children and young people on the Internet are of paramount importance. Their ability to safely play, learn, communicate and develop requires concerted action that will focus on:

a.         strengthening international co-operation and mutual assistance to protect children and young people, in particular as regards the criminal offences of child pornography[19] and “grooming”,[20] as well as the removal of online child sex abuse materials at source;[21]

b.         developing criteria for trustmark and labelling systems to enable children and their families to identify suitable online content;

c.         sharing best practice on secure and age-appropriate spaces for children on the Internet,[22] including the development of age verification systems and access to quality content;

d.         training education professionals regarding the attitudes, skills and knowledge for learners to become responsible users and producers of content based on respect for human rights and human dignity;

e.         developing awareness raising activities for parents concerning the protection of children and young people on the Internet, in particular by updating and translating into different language versions Council of Europe human rights media literacy materials such as the “Compasito” Manual on human rights for children,[23] the “Internet Literacy Handbook”[24] and the Wild Web Woods online game.[25]

Working methods

15.        The bulk of the abovementioned actions will be developed through relevant bodies and actors of the Council of Europe (steering committees, groups of experts, monitoring bodies, commissions, etc.), by co-operation arrangements between governments, the private sector, civil society and relevant technical communities, and by increased support for the European Dialogue on Internet Governance (EuroDIG). The transversal nature of some subjects may call for the creation of specific groups of experts or ad hoc advisory groups whose mandate would be limited in time and clearly defined by the Committee of Ministers.

16.        At programme level, internal and external co-operation will be ensured by the Council of Europe’s Directorate General on Human Rights and Rule of Law which will lead the strategic planning, implementation and evaluation of the strategy. The Directorate General will facilitate co-operation and synergy between the following:

-           Council of Europe inter-secretariat task force;

-           Council of Europe steering committees concerned;

-           Thematic co-coordinator on information policy of the Committee of Ministers;

-           Council of Europe website on Internet governance providing access to all relevant information and             resources.

17.        The strategy shall be implemented using existing Council of Europe resources, establishing necessary links between activities and actors, using available tools to address specific issues and establishing strategic partnerships.

18.        Mainstreaming, transversal work, co-ordination, integrated approaches, co-operation and communication, are key elements in meeting the strategy’s objectives.

19.        The Council of Europe will continue to actively participate and contribute to related dialogue in other spaces including the European Dialogue on Internet Governance (EuroDIG), the Internet Governance Forum (IGF), national IGF initiatives and the Internet Corporation for Assigned Names and Numbers (ICANN).

Partners

20.        As a regional forum with the added value of having a potential global impact in facilitating the protection and respect for human rights, rule of law and democracy, the Council of Europe will develop synergies and consolidate partnerships with key stakeholders, including the following:

-           European Union;

-           Organisation for Security and Co-operation in Europe (OSCE);

-           Organisation for Economic co-operation and Development (OECD);

-           United Nations, notably the United Nations Educational, Scientific and Cultural Organisation         (UNESCO), the UN Alliance of Civilisations, the United Nations Department of Economic and Social Affairs (UNDESA), United Nations Office on Drugs and Crime, and International Telecommunication            Union (ITU);

-           organisations, networks and initiatives on cybercrime and cybersecurity, such as Europol, Interpol,          the Virtual Global Task Force, Commonwealth, and others;

-           European Broadcasting Union (EBU);

-           European Network of Ombudspersons for Children (ENOC);

-           World Bank;

-           Internet governance networks, in particular the European Dialogue on Internet Governance            (EuroDIG), the Internet Governance Forum (IGF), national IGF initiatives, and the Internet       Corporation for Assigned Names and Numbers (ICANN);

-           private sector actors (notably the providers of Internet services and technologies);

-           professional networks, including private sector bodies, such as European Internet Service Providers             Association, International Chamber of Commerce, Business for Social Responsibility;

-           civil society networks;

-           other networks, including the Global Network Initiative;

-           European Youth Forum, and related youth networks.

Implementation and evaluation

21.        Assessment and follow-up of the strategy will take place in the course of the Council of Europe Programme and Budget progress review.

Appendix 1

Glossary of terms

Internet of things

The information and communication technology development generates more and more things/objects that are becoming embedded with sensors and having the ability to communicate with other objects, that is transforming the physical world itself into an information and knowledge system. Internet of Things (IoT) enables the things/objects in our environment to be active participants, i.e. they share information with other stakeholders or members of the network; wired/wireless, often using the same Internet Protocol (IP) that connects the Internet. In this way, the things/objects are capable of recognising events and changes in their surroundings and are acting and reacting in an appropriate way, without human intervention.[26]

Privacy by design

This principle means that privacy and data protection are embedded throughout the entire life cycle of technologies, from the early design stage to their deployment, use and ultimate disposal.[27]

Grooming of children

Solicitation of children for sexual purposes.[28]

Network neutrality

Net neutrality refers to an ongoing debate on whether Internet service providers (“ISPs”) should be allowed to limit, filter or block Internet access or otherwise limit its performance. The concept of net neutrality builds on the view that information on the Internet should be transmitted impartially, without regard to content, destination or source, and that users should be able to decide what applications, services and hardware they want to use. This means that ISPs cannot, at their own choice, prioritise or slow down access to certain applications or services such as Peer to Peer (“P2P”), etc.[29]

Appendix 2

Related Texts

- Recommendation CM/Rec(2011)7 of the Committee of Ministers to member states on a new notion of media, adopted by the Committee of Ministers on 21 September 2011
https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Rec(2011)7&Language=lanEnglish&Ver=original&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383

- Recommendation CM/Rec(2011)8 of the Committee of Ministers to member states on the protection and promotion of the universality, integrity and openness of the Internet, adopted by the Committee of Ministers on 21 September 2011
https://wcd.coe.int/ViewDoc.jsp?id=1835707&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383

- Declaration by the Committee of Ministers on Internet governance principles, adopted by the Committee of Ministers on 21 September 2011

https://wcd.coe.int/ViewDoc.jsp?id=1835773&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383

- Declaration by the Committee of Ministers on the protection of freedom of expression and information and freedom of assembly and association with regard to Internet domain names and name strings, adopted by the Committee of Ministers on 21 September 2011
https://wcd.coe.int/ViewDoc.jsp?id=1835805&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383

- Declaration of the Committee of Ministers on the protection of freedom of expression and freedom of assembly and association with regard to privately operated Internet platforms and online service providers, adopted by the Committee of Ministers on 7 December 2011
https://wcd.coe.int/ViewDoc.jsp?BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383&Language=lanEnglish&Ref=Decl(07.12.2011)&Ver=original

- Declaration of the Committee of Ministers of the Council of Europe on protecting the dignity, security and privacy of children on the internet, Adopted by the Committee of Ministers on 20 February 2008

https://wcd.coe.int/ViewDoc.jsp?Ref=Decl(20.02.2008)&Language=lanEnglish&Ver=0001&Site=COE&BackColorInternet=9999CC&BackColorIntranet=FFBB55&BackColorLogged=FFAC75

- Declaration of the Committee of Ministers on freedom of communication on the Internet, adopted by the Committee of Ministers on 28 May 2003

https://wcd.coe.int/ViewDoc.jsp?id=37031&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383

- Recommendation CM/Rec(2009)5 of the Committee of Ministers to member states on measures to protect children against harmful content and behaviour and to promote their active participation in the new information and communications environment, adopted by the Committee of Ministers on 8 July 2009

https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Rec(2009)5&Language=lanEnglish&Ver=original&Site=CM&BackColorInternet=9999CC&BackColorIntranet=FFBB55&BackColorLogged=FFAC75

- European Dialogue on Internet Governance 2011: messages from Belgrade

http://www.guarder.net/eurodig/2011/MsgsFromBelgrade_eurodig2011_FIN_EN_1.pdf

- Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue

See documents, A/HRC/17/27

http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx

 - Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, See A/HRC/17/31

http://www.ohchr.org/EN/Issues/TransnationalCorporations/Pages/Reports.aspx

- Recommendation CM/Rec(2010)13 of the Committee of Ministers to member states on the protection of individuals with regard to automatic processing of personal data in the context of profiling, adopted by the Committee of Ministers on 23 November 2010
https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Rec(2010)13&Language=lanEnglish&Ver=original&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383

- Budapest Convention on Cybercrime (CETS No. 185)

http://conventions.coe.int/Treaty/en/Treaties/Html/185.htm

- Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

http://conventions.coe.int/Treaty/en/Treaties/Html/108.htm

- Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

http://conventions.coe.int/Treaty/EN/treaties/Html/201.htm