Principles for governing the Internet: a comparative analysis

As the sixth edition in the UNESCO Internet Freedom series, this study encompasses both quantitative and qualitative assessments of more than 50 declarations, guidelines, and frameworks. The issues contained in these documents are assessed in the context of UNESCO’s  interested areas such as access, freedom of expression, privacy, ethics, Priority Gender Equality, and Priority Africa, and sustainable development, etc. This publication shows that while each of the reviewed Internet documents has its own value, none of them fully meet UNESCO’s interests and mandate. The study proposes therefore the concept of “Internet Universality” as the Organisation’s own clear identifier for approaching the various fields of Internet issues and their intersections with UNESCO concerns. Internet Universality highlights the contribution that can be made by an Internet that is based on four principles, recognised by UNESCO governing bodies. An Internet developed on these principles would be: human Rights-based; Open; Accessible to all; and governed through Multi-stakeholder participation (summarized in the acronym R.O.A.M.). This concept has relevance to the Organization’s work in many areas – including online freedom of expression and privacy; efforts to advance universality in education, social inclusion and gender equality; multilingualism in cyberspace; access to information and knowledge; and ethical dimensions of information society

Legal framework for media and democracy

Open discourses and the free formation of opinions through unfettered information flows and communicated diversity of opinion are unthinkable without independent media and essential prerequisites for a functioning democracy. Notwithstanding the importance of the linkage between media and democracy, there is no harmonized framework addressing this issue. By adopting a legal perspective, this study shall outline existing and emerging regulations, with a particular focus on broadcast, print, and online media Two regulatory tiers are distinguished: At the international level, the establishment of aWorld Information Order as well as the human rights perspective intrinsic to the subject matter will be addressed. At the national level, legal approaches to particular tensions accompanying state regulation of the media will be examine

Carbon-related border tax adjustment: mitigating climate change or restricting international trade?

Border tax adjustments in the form of carbon taxes on products from countries with lax environmental production standards or in the form of a required participation in an emissions allowances' trading system have become a heavily debated issue under WTO law. Such an adjustment might be permissible if energy taxes as indirect taxes are applied on inputs during the production process. Compliance with the Most Favoured Nation principle has less practical importance than the not-yet settled likeness discussion under the National Treatment principle. Consequently, since the compatibility of carbon-related border tax adjustment measures is partly contested, potential justifications such as the conservation of exhaustible national resources or the protection of health (Art. XX GATT) become relevant. The application of the necessity and proportionality test requires that carbon measures are tailored so as to substantially contribute to the achievement of environmental objectives and do not create any arbitrary or unjustified discriminatio

Künstliche Intelligenz: Regulatorische Überlegungen zum „Wie“ und „Was“

Neue technologische Entwicklungen stellen das Recht regelmässig vor Herausforderungen; diese Einschätzung gilt auch für die Künstliche Intelligenz. Die EU hat mit einem sehr detaillierten risikoorientierten Regulierungsvorschlag reagiert. Ein solches Konzept dürfte für die Schweiz nicht zielführend sein. Erfolgversprechender ist die Ausarbeitung eines technologieneutralen Rahmengesetzes, unter dessen „Schirm“ die regulierungsbedürftigen Themen einer Normierung durch Anpassungen bestehender Gesetze zugeführt werden

Privacy impact assessment – a privacy protection improvement model?

A Privacy Impact Assessment (PIA) is a systematic risk assessment tool, enabling organizations to maintain compliance with data protection regulations, to manage privacy risks and to provide public benefits through the success of privacy-by-design efforts. An actual practical implementation of a PIA framework has been realized in the context of RFID applications encompassing detailed steps for the PIA process; a first successful review has been completed. The PIA also allows to introduce a pro-active mitigation of privacy risks through technical and organizational controls. The better the precautionary measures realize the relevant privacy objectives, the less likely will occur with the PIA process afterwards. The recent proposal for a far-reaching revision of the EU Data Protection Directive envisages to state a specific requirement to implement a PIA process. Indeed, since risks for privacy and non-disclosure of personal data are different in not identical circumstances, the protection measures should also be different, i.e. technology should assist in trying to achieve the (at least) second-best solution for the implementation of the data protection regime by a PIA. Insofar, privacy rules can be individualized and matched with the concrete needs in the given environment