General

Assemblys overall review of

the implementation of WSIS outcomes

Comments on Draft Outcome Document

A. Your Information
Title:

Global Policy & Legal Counsel

Last name:

First name:

Peter

Micek

Name of Organization:

Access Now Stakeholder Type : Civil Society

Country:

Global

Email:

peter@accessnow.org

A. Formal Input
Our comments start on the next page.

When specifying your stakeholder type, please indicate one of the following: Government, Civil Society, Private Sector, Academia,
and Technical Sector.

Access Now (www.accessnow.org) is an international organization that defends and extends the digital rights of users at
risk around the world. By combining innovative policy, user engagement, and direct technical support, we fight for open
and secure communications for all.
Access Now endorses the three key messages included in the Joint Statement on WSIS+102. We also welcome and
support the inclusion in the final outcome document of Para 53 - which recognizes the principle and the importance of
net neutrality and of Para 42 - which emphasizes states' duty to uphold the right to privacy.
We write separately to suggest text changes on topics important to our community, which we hope will feed into the
negotiation process planned for 19-20 and 24-25 November, 2015.
Please find below the text changes we propose.
Preamble
Para 12 - edits in bold:
We recognize that the Internet is a global resource that must be managed in an open and inclusive manner, which serves
the public interest. We further reaffirm that the international management of the Internet should be multilateral,
transparent and democratic, with the full involvement of governments, private sector, civil society, technical community
and international organizations.
Human rights in the Information Society
Para 38 - edits in bold:
We note however, that there are concerns about freedom of expression and plurality of information in many parts of the
world, and we call for the protection of journalists, bloggers, and civil society space. We recognise the role that
anonymity and encryption can play as enablers of privacy protection and freedom of expression, and facilitate
dialogue on these issues.3
Building Confidence and Security in the use of ICTs
Para 48 - edits in bold:
However, we are concerned about certain and growing uses of ICTs that threaten security and development benefits,
including terrorism and cybercrime, and we acknowledge concerns that existing legal and enforcement frameworks may
not have caught up with the speed of technological change and application. The UNODC Informal Working Group has
identified problems of law and practice that impede the flow of mutual legal assistance. To facilitate transfer of
information in compliance with international law, the MLAT system should be updated and enhanced for the
digital age. Furthermore, we note concerns that attacks against States, companies, other entities, and individuals
are now being undertaken through digital means. Furthermore, we note the emergence of new risks including data
breaches, cybercrime and identity theft. We reiterate our belief that a global culture of cybersecurity needs to be
promoted, developed, and implemented in cooperation with all stakeholders and international expert bodies in order to
foster trust and security in the Information Society.

Joint Statement on WSIS + 10: https://www.openwsis2015.org/joint-statement-on-wsis10/

See the 2014 report of the Special Rapporteur on freedom of expression, David Kaye, titled Report on encryption, anonymity, and
the human rights framework: http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/CallForSubmission.aspx

Para 49 - edits in bold:

We call for increased global efforts and cooperation in combating cybercrime, including by terrorists, and in countering
cyber-threats, such as through UN processes and including discussion forums, information-sharing, elaboration of national
cybersecurity strategies, improved indices for measuring cybersecurity, vulnerability disclosure programs, data
protection policies, notification of breach and misuse of data, the development of national, regional, and global
capabilities; and cooperation on cybersecurity standards and technical specifications. We call in particular for greater
capacity-building and technical assistance for ICT security, especially in developing countries. We acknowledge the call
for a convention against international cybercrimes. We recognize that approaches to cybersecurity should be fully
compatible with human rights and fundamental freedoms, and acknowledge the digital security risks that individual
users face in our current digital environment.

***
Access Now is an international organization that defends and extends the digital rights of users at risk around the world.
By combining innovative policy, user engagement, and direct technical support, we fight for open and secure
communications for all.
For more information, contact: Peter Micek
Global Policy & Legal Counsel
peter@accessnow.org
Access Now | www.accessnow.org