[WSIS CS-Plenary] EU, the USA and IG

[Jean-Louis FULLSACK]

Dear all
Please, take a look to this document from Viviane Reding. She also mentions Internet gouvernance within the EU Transatlantic dialogue. Very softly as you can verify it  ... on the last page.
All the best 
Jean-Louis Fullsack
CSDPTT-France
SPEECH/05/446
Viviane Reding
Member of the European Commission responsible for Information
Society and Media
ICTs and Media a priority for the
Commissioner's agenda, a crucial
issue for the transatlantic relations
European Institute
Washington DC, 13 July 2005
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Introduction
As the first European Commissioner to be responsible for both the Information
Society and Media Policies - that is for infrastructure and content -, I face the
challenge but also have the unique opportunity to help to unleash all the potential of
sectors which have become increasingly interdependent and have the capability to
enrich one another.
I would like to share with you some ideas about how Europe intends to deal with this
new world of digital convergence and put it in the context of our remarkable
transatlantic economic partnership.
The European Commission Information Society and Media agenda
The European Commission has placed economic growth and employment at the
heart of its policy.
On June 1st, the Commission adopted my new initiative known as i2010, European
Information Society 2010. Starting from this policy strategy paper, I intend to launch
some very practical proposals. These will build on the competitive edge provided to
all sectors of the economy through the take up and use of information and
communication technologies (ICTs) to help us to achieve our goals. These initiatives
rest on three pillars:
1. The first pillar of i2010 seeks to establish a “common information space”, built on
a common set of regulations that govern the supply of content and services - and
the operation of networks - irrespective of the underlying technologies used.
The convergence of information society and media services, traditional telecoms
networks, the Internet, computers and other devices is becoming more and more a
reality in Europe. However, regulators, both in the EU and the US, had been
confronted with the constraints imposed by regulations that were originally designed
for a bygone era. Policy convergence therefore needs to match that of the
technologies and markets and provide consumers and industry legal certainty and
confidence to invest and embrace new technologies: Policy convergence needs to
match technology convergence.
Here, the European Commission aims to keep regulation as light and as limited as
possible. As competition among platforms increases, regulatory restrictions can be
relaxed, leaving more to the self-governing, competitive forces of the market.
In the near future, I will focus on a number of issues.
First, with respect to content:
A. The current regulation at Community level of broadcasting services dates back to
1989. Soon, telecommunications providers will be able to deliver broadcasting
services in a quality equal to traditional TV, while at the same time traditional
content providers are entering the communications markets. From a consumer
perspective, it is becoming less and less important on which platform one receives
movies or TV broadcasts. More and more, the consumer will watch or listen to
audiovisual content anytime, anywhere, on all technical platforms (TV set, computer,
mobile phone, personal digital assistant, etc.). It has become clear that to take
account of these developments, the present EU rules on the “Television Without
Frontiers Directive” need to be replaced by a more modern and flexible set of rules.
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The European Commission has just made available five Issues Papers with
policy options for the future legislative framework for audiovisual content
services that will be subject to public consultation during the summer and
discussed in a major conference on September 20-22, 2005, co-organized with the
UK Presidency, in Liverpool. This input will help the Commission to adopt a
proposal for a new Directive at the end of 2005.
B. The advent of film online offers immense opportunities to the film industry, both
with regards to access to new audiences and to wider circulation of works, including
on international markets. It also offers great opportunities for Internet Service
Providers and access providers. High quality content is a driver for the broadband
industry. However, the broadband industry’s business model cannot be built on a
free rider system. There is an urgent need for a meaningful dialogue between the
film industry and service providers to ensure that online distribution takes place
through legal supply. Agreements between right holders and access providers will
be beneficial – indeed essential – to both sides. I am therefore committed to support
our stakeholders in their efforts to achieve this goal.
Second, with respect to networks:
A. The current regulatory framework for electronic communications networks has
been widely implemented, with very concrete results in the market. Although
implementation is not yet complete, we are determined to maintain the pressure on
Member States to achieve this goal. Its flexibility, grounded in technology-neutrality
and competition law principles, has provided regulators with a solid basis for
handling the challenges as existing services are delivered over new infrastructures
or in new ways.
A review of the framework has started with a consultation on the future of
universal service. We will continue with a broader consultation on the
functioning of the existing framework in mid 2006.
B. New high speed wireless applications are driving demand for radio spectrum. The
European Commission will propose later this year a coherent strategy for
efficient radio spectrum management that we wish to start implementing within
the 2006 review of our e-communications framework. However, this reform will not
be done in one day and it will require a mix of vertical and horizontal actions, some
on a national level and some at EU level. For the time being, I would like to stress
the work done to remove doubts in Europe about the opportunity of introducing
spectrum trading as a way to empower “Industry” to make the strategic decisions on
how to best use the radio spectrum.
The challenge now is to introduce functioning markets without undermining the
benefits of an integrated European market in electronic communications. The
Commission will launch soon a Communication on a market-based approach
to spectrum. We also see the flexibility of spectrum use as an important issue. A
debate is under way on a common spectrum approach for all wireless
transmission platforms providing electronic communications services as we
need to address the convergence trends we see between broadcasting, mobile
communications and broadband wireless access.
If we succeed in adopting a flexible and coherent approach in Europe covering
spectrum for all wireless access platforms, we will reduce constraints on access to
spectrum, create a level playing field for investments, and make future spectrum
markets more efficient. Here again there is a need to deal with our legacy and
foresee a careful transition period, but the reward deserves such an effort..
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Finally, the European Commission also expects that by the beginning of 2010, the
transition from analogue to digital broadcasting will be well advanced in the EU and
is therefore proposing switching off analogue terrestrial television by 2012
freeing valuable resources and opening new possibilities.
C. But all these efforts will be useless if we do not provide a secure environment for
our communication networks, increasingly exposed to threats ranging from
technology failures to malicious attacks. The EU has recognized the need for a
coordinated EU initiative, to complement national security initiatives. A major
achievement is this respect was the establishment of the European Network and
Information Security Agency, ENISA, in March 2004. ENISA will advise and assist
the Commission and Member States on network and information security-related
matters. The Commission is working on a Strategy for a Secure Information
Society. Within this context we are considering how to enhance the interoperability
of security solutions and services; the need for further research addressing Internet
stability and network and information security; and the means to raise awareness of
users, to benchmark progress and to encourage the exchange of best practices.
D. Let me also say a few words on an always delicate matter: data retention. The
Commission shares the overall objective of EU Member States to ensure that
competent authorities throughout the EU should be able to access certain
information related to electronic communications when necessary to fight crime and
terrorism. However we need to avoid a patchwork of different data retention
obligations in Europe. Hence the Commission will shortly table a proposal which
will make it possible to have a fully transparent debate, including in Parliament that
will help to find the right balance not only in terms of privacy and consumer
confidence, but also in terms of cost for the industry.
2. The second pillar of i2010 follows the recognition that Europe’s future
competitiveness depends on there being sufficient investment in research,
particularly in ICT research. In terms of annual per capita investment in research,
Europe is only investing 80€ per inhabitant whereas the USA is investing 350€ and
Japan 400€. Europe should nearly double its annual investment in ICT research to
fill the gap in per capita spending on research compared to the US, but more than
half of this increase should come from private sector investment.
3. Last but not least, the third pillar of i2010 policy aims to provide better services for
citizens and to make our society more inclusive. Deployment of technology will help
to meet growing demand for better health care, education and lifelong leaning, to
provide a better quality of life for elderly people, security and social inclusion.
The Commission plans in particular to issue a Communication on eaccessibility
in the second half of 2005.
While I am persuaded that these initiatives will contribute to create growth,
employment and competitiveness, I also believe that EU-US relations have an
important role to play to achieve these goals.
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EU-US economic integration: reinforcing the Transatlantic Economic
Partnership
Indeed, a simple look at any recent set of statistics shows the magnitude of the
economic integration achieved between the European Union and the United States.
Even if journalists often prefer to report on trade disputes, these account for only a
fraction of transatlantic commerce. In reality, the overwhelming majority of bilateral
trade between the EU and US is dispute-free. But that is just part of the story,
according to recent studies trade constitutes a relatively small portion of total
transatlantic economic activity (less than 20 percent): investment in each other’s
economies is what really drives innovation, jobs, markets, and business activity. I
will spare you however the statistics which you have heard (and memorized, I am
sure !) from every EU speaker.
However, despite our impressive bilateral economic ties, several obstacles continue
to hinder our bilateral trade and investment, mainly in the regulatory area.
In addition, both the EU and the US are also confronted with serious internal and
external economic challenges. While the US has high budget and trade deficits, the
EU must address its disappointing growth rate and we both must face competitive
pressures from strongly growing economies such as China and India.
To address these issues EU and US leaders adopted a number of initiatives at the
recent EU-US Summit held in Washington on 20 June.
Strengthening EU-US Regulatory Cooperation
Firstly, we have taken a number of steps to reinforce our regulatory cooperation,
building and expanding our already successful joint initiatives. Building on the EUUS
Guidelines on Regulatory Cooperation and Transparency adopted in 2002 we
have agreed that we will:
- establish a senior-level dialogue, tasked with the drafting, in the next six months,
of work programs;
- establish a High Level Regulatory Co-operation Forum to promote regulatory
cooperation between senior regulators;
- an OMB-European Commission dialogue to address, subject to mutual
agreement, topics such as good regulatory practices, transparency provisions
and public consultation, impact assessment methodologies and risk assessment
methodologies;
- implement a concrete “Roadmap for Regulatory Cooperation” and reinforce other
successful sectoral dialogues;
- encourage the discussion of standards issues;
- identify resources and mechanisms to support exchanges for regulatory experts;
- encourage legislators on both sides of the Atlantic to meet regularly.
In addition, we have also agreed to discuss any significant remaining obstacles to
transatlantic investment and we have recognized the value of stakeholders’
contributions giving EU and US regulators the possibility to organize meetings with
stakeholders as appropriate.
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Cooperating on innovation and new technologies
Secondly, we are keenly aware of the importance of innovation and new
technologies for the future of our economies. We have identified several areas
for future cooperation: research and development; information and
communications technologies; health and medical technologies; eaccessibility
for the disabled, elderly and other citizens with accessibility issues;
deployment of key innovative technologies such as broadband, and radio
frequency identification devices; collaboration on development and take-up of
Telematics for intelligent vehicles; cyber-security, international redress for
international internet purchases; spam, spyware and other malicious software,
just to mention a few.
Over the next six months, we will work with the US to establish concrete work
programs, which will include objectives and timelines to review and measure
regularly progress.
In this context, I am particularly worried about the lack of effectiveness in the fight
against spam. Spam destroys the confidence of the consumers in the Internet. It is
in that respect a real danger and I believe therefore that all governments must act
more actively against companies that facilitate the dissemination of spam
throughout the world. The World Summit on the Information Society in Tunis in
November will be an important venue to discuss this issue.
In addition, we have agreed on a specific Declaration on Intellectual Property
Rights that addresses the need to support their effective protection and
enforcement at home and abroad, in line with the highest international standards.
Piracy is in my view a crucial issue where the potential for cooperation already
exists.
Global partners
Finally, the EU and the US will continue working to bring to the rest of the world
many of the benefits that they try to achieve for their own people.
On the economic side, concluding the WTO Doha Development Agenda is our
overriding priority, but other issues will provide us with the opportunity to address
new challenges.
Both the US and the EU have played an important role within the World Summit on
Information Society which will take place in Tunis in November.
The UN Working Group on Internet Governance has now completed its work and a
final report is due in the coming days. The report will be a significant contribution to
the preparations for the discussions on Internet governance, in Tunis and after
Tunis.
The EU has recently signalled its priorities for Internet governance. These are:
- the need to ensure the continued security and stability of the Internet;
- the need to find ways to deal effectively with SPAM;
- the increased internationalisation of the management of core Internet resources;
- the need to ensure that developing countries can better participate in this
governance.
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The continued stability and security of the Internet is essential. To date, the Internet
has been provided almost entirely by private sector initiative and investment. We
recognise this and applaud it. At the same time, more and more governments are
asking themselves what they can do to ensure that this critical resource remains
reliable and dependable.
I take note of the recent declaration of the US administration concerning certain
aspects of Internet governance. For Europe, it is crucial that the future approach to
Internet governance is led by the principles of efficiency and openness, and not by
considerations of internal policy. At the same time, I have taken note with interest
that the US Government has reaffirmed its willingness to pursue an “on-going
dialogue with all stakeholders” on Internet governance.
The EU feels that there is indeed room for better exploiting the potential for publicprivate
partnership. We should build on existing governance structures. However,
there appears to be no appropriate global fora where governments and other
stakeholders can come together to solve common challenges. Importantly, this
includes security and stability, as well as SPAM and cyber-crime. Where we have
effective bodies, such as the OECD, these are not inclusive enough to allow for the
participation of developing countries. It is crucial that all parts of the world become
more active in these fields of security and stability and better enforce existing
legislation.
Considering the economic importance of the Internet for Europe, notably its
increasing weight in our trade relations with our main economic partners, I believe
that it would be in our interest to jointly work on realistic solutions and I am confident
that we are going to succeed.
Of course, it is clear in my view that reflection on an improved, more effective and
inclusive model should not hamper the day-to-day operation of the Internet, and not
undermine the good work carried out by organisations such as ICANN. A key
objective must be to help support private sector initiative and investment and to
promote innovation.
In the coming months we will explore how to implement the different lines for
cooperation identified in June; at the same time that we remain open to further
ideas, since the EU-US Transatlantic Partnership is an on-going reality where a new
chapter is always being opened. I look forward to continuing to work with my US
colleagues on many of our common challenges.
Thank you for your attention.
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