Public Affairs Update (Part 2) Malcolm Hutty

LINX103 – 20th Nov 2018

Ofcom addresses harmful online content •  “Regulation has responded to

the need to protect people from harm – first in broadcast media, and now increasingly online”

•  “Our regulation balances people’s evolving needs and expectations of protection with their rights freely to share and receive ideas and information”

•  “There may be merit in regulation that focuses on the effectiveness and timeliness with which platforms take action to address harmful content”

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High-level principles for online regulation Protection and assurance

•  “A key principle of broadcasting regulation that could have wider application is the achievement of appropriate levels of protection and assurance against harmful content and conduct”

Upholding freedom of expression

•  “Our experience in regulating broadcasting shows that while balancing audience protection and freedom of expression is not straightforward, it can be done in a way that is transparent, principles based and fair”

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High-level principles for online regulation Adaptability over time

•  “What has worked in a broadcasting context is having a set of objectives laid down by Parliament in statute, underpinned by detailed regulatory guidance designed to evolve over time”

Transparency

•  “In broadcasting, transparency is greatly facilitated by the fact that, as a matter of law, broadcasters and on-demand providers must respond to requests for information from a regulator”

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High-level principles for online regulation Enforcement

•  “Effective enforcement could be achieved through meaningful financial penalties – for example the GDPR allows for penalties of up to 4% of global turnover (or €20m if greater) for the most serious breaches – or by directing a service to introduce new protections for users”

Independence

•  “Independent governance and decision-making within the broadcasting regime has helped build credibility and public trust”

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Online standards objectives “Our research suggests a number of priorities for online standards setting:”

Protection of minors

•  Report: “37% of internet users are concerned about children seeing unsuitable content online”

•  Small print: only 15% unprompted

Illegal content

•  Report: “37% are concerned about the promotion of terrorism online”

•  Small print: only 12% unprompted

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Online standards objectives Harmful content

•  Report: “More than one in four (27%) are concerned about violent content or harmful and dangerous content”

•  Small print: only 9% unprompted

Illegal or harmful interactions

•  Report: “Nearly two in five internet users (39%) are concerned about bullying, harassment or trolling online”

•  Small print: only 15% unprompted

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E-evidence

•  Protection for SMEs?

•  Trustworthiness of all 27/28 legal systems?

•  No requirement for double criminality; significant variance in what qualifies

•  Six-hour turnaround requires 24/7 NOC

•  Poorly defined categories •  Metadata both transaction and access

•  Verification / authentication

Regulation on Terrorist Content Online

•  Includes “notice and stay down”

•  Refers to “proactive measures”

•  “Duty of care”

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European Parliament approves Copyright Directive •  Now goes into “Trialogue”

•  Article 11: “Press publication right” a.k.a. “link tax”

•  Article 13: ”Use of protected content by information society services” •  a.k.a. “meme ban” •  Makes platforms a “communication to the public”

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Article 11: the “link tax” •  Press publications “may obtain fair and proportionate

remuneration for the digital use of their press publications by information society service providers”

•  Platforms won’t have to pay if they’re sharing “mere hyperlinks which are accompanied by individual words”

•  Exemption for “legitimate private and non-commercial use of press publications by individual users”

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Article 13: the “meme ban” •  Makes platforms responsible for “best efforts” to prevent

infringement

•  Removes E-Commerce Directive hosting provider protection

•  “Online content sharing service providers and right holders shall cooperate in good faith in order to ensure that unauthorised protected works or other subject matter are not available on their services” 

•  Reference to “proportionate content recognition technologies” in earlier version has been removed

•  New exception says “special account shall be taken of fundamental rights, the use of exceptions and limitations as well as ensuring that the burden on SMEs remains appropriate and that automated blocking of content is avoided”

LINX103 – 20th Nov 2018

ICANN Independent Review Process •  Key question over deadline for filing complaints

•  Core issue is when clock starts on deadline •  Either when someone suffers harm •  Or when ICANN Board takes action

•  If not based on date of harm, deadline may have expired before anyone gets chance to bring complaint •  E.g. when implementation is delayed

•  Letter from gNSO constituencies (BC, IPC, ISPCP, NCSG) to Board objecting to premature cut-off •  https://tinyurl.com/ybwqkgku

•  Board imposed cut-off on “interim” basis

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Public Affairs Update | 14

7.98

0

1

2

3

4

5

6

7

8

9

10

Overall Performance

Overall, how satisfied are you with the approach LINX takes to Public Affairs? AverageScore(1=Poor10=Outstanding)

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7.98

8.38 8.17

6

7

8

9

10

2018 2017 2016

Public Affairs Overall Performance

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12

210

7

0

50

100

150

200

250

Misses some issues that should be covered

About right Intervenes in some issues unnecessarily

Are you satisfied with the range of issues LINX takes up with policy makers on behalf of our members?

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13

202

12

0

50

100

150

200

250

Needs more emphasis on the bigger picture

About right Needs more analytical detail

Are you satisfied with LINX's thoroughness in raising points of detail with policy makers?

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24

196

6 0

50

100

150

200

250

Too collaborative with policy makers: needs to be more

assertive

About right Too assertive: needs to be more collaborative

Are you satisfied with LINX's lobbying style?

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222, 95%

12, 5%

Yes

No

Are you satisfied LINX is speaking to the right people in your organisation when consulting members' opinions on public policy issues?

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Express any opinions about LINX public affairs/internet policy issues?

LINX103 – 20th Nov 2018