ICANN issues third Legislative and Regulatory Report

30 Jan 2019

ICANN has issued its third Legislative and Regulatory Report summarising recent and pending privacy and data protection, as well as cybersecurity legislation as of 31 December 2018. The report includes enacted regulations and current trends from around the world which may have bearing on ICANNs mission.

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Cybersecurity is among the main concerns of governments, Internet users, technical and business communities. Cyberthreats and cyberattacks are on the increase, and so is the extent of the financial loss. 

Yet, when the Internet was first invented, security was not a concern for the inventors. In fact, the Internet was originally designed for use by a closed circle of (mainly) academics. Communication among its users was open.

Cybersecurity came into sharper focus with the Internet expansion beyond the circle of the Internet pioneers. The Internet reiterated the old truism that technology can be both enabling and threatening. What can be used to the advantage of society can also be used to its disadvantage.

Jurisdiction is the authority of the court and state organs to decide on legal cases. The relationship between jurisdiction and the Internet has been ambiguous, since jurisdiction rests predominantly on the geographical division of the globe into national territories. Each state has the sovereign right to exercise jurisdiction over its territory.

Privacy and data protection are two interrelated Internet governance issues. Data protection is a legal mechanism that ensures privacy. Privacy is usually defined as the right of any citizen to control their own personal information and to decide about it (to disclose information or not). Privacy is a fundamental human right. It is recognised in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and in many other international and regional human rights conventions. The July 2015 appointment of the first UN Special Rapporteur on the Right to Privacy in the Digital Age reflects the rising importance of privacy in global digital policy, and the recognition of the need to address privacy rights issues the the global, as well as national levels.

 

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