83_FR_26144 83 FR 26036 - International internet Policy Priorities

83 FR 26036 - International internet Policy Priorities

DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration

Federal Register Volume 83, Issue 108 (June 5, 2018)

Page Range26036-26038
FR Document2018-12075

Recognizing the vital importance of the internet and digital communications to U.S. innovation, prosperity, education, and civic and cultural life, the National Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce has made it a top priority to encourage growth and innovation for the internet and internet-enabled economy. Towards that end, NTIA is seeking comments and recommendations from all interested stakeholders on its international internet policy priorities for 2018 and beyond. These comments will help inform NTIA to identify priority issues and help NTIA effectively leverage its resources and expertise to address those issues.

Federal Register, Volume 83 Issue 108 (Tuesday, June 5, 2018)
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26036-26038]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12075]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket No. 180124068-8068-01]
RIN 0660-XC041


International internet Policy Priorities

AGENCY: National Telecommunications and Information Administration, 
U.S. Department of Commerce.

ACTION: Notice of inquiry.

-----------------------------------------------------------------------

SUMMARY: Recognizing the vital importance of the internet and digital 
communications to U.S. innovation, prosperity, education, and civic and 
cultural life, the National Telecommunications and Information 
Administration (NTIA) of the U.S. Department of Commerce has made it a 
top priority to encourage growth and innovation for the internet and 
internet-enabled economy. Towards that end, NTIA is seeking comments 
and recommendations from all interested stakeholders on its 
international internet policy priorities for 2018 and beyond. These 
comments will help inform NTIA to identify priority issues and help 
NTIA effectively leverage its resources and expertise to address those 
issues.

DATES: Comments are due on or before 5 p.m. Eastern Time on July 2, 
2018.

ADDRESSES: Written comments may be submitted by email to 
[email protected]. Comments submitted by email should be machine-
readable and should not be copy-protected. Written comments also may be 
submitted by mail to the National Telecommunications and Information 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Room 4725, Attn: Fiona Alexander, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Fiona Alexander, National 
Telecommunications and Information Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Room 4706, Washington, DC 20230; 
telephone (202) 482-1866; email [email protected]. Please direct 
media inquiries to NTIA's Office of Public Affairs, (202) 482-7002, or 
at [email protected].

SUPPLEMENTARY INFORMATION: 
    Background: Within the U.S. Department of Commerce, the National 
Telecommunications and Information Administration (NTIA) is the 
Executive Branch agency responsible for advising the President on 
telecommunications and information policy.\1\ NTIA was established in 
1978 in response to the growing national consensus that 
``telecommunications and information are vital to the public welfare, 
national security, and competitiveness of the United States,'' and 
that, ``rapid technological advances being made in the 
telecommunications and information fields make it imperative that the 
United States maintain effective national and international policies 
and programs capable of taking advantage of continued advancements.'' 
\2\
---------------------------------------------------------------------------

    \1\ 47 U.S.C. 902(b)(2)(D).
    \2\ 47 U.S.C. 901(b)(1-6).
---------------------------------------------------------------------------

    In the 40 years since its inception, NTIA has made growth and 
innovation in communications technologies--most recently internet 
communications--a cornerstone of its mission. The Administration's 2017 
National Security Strategy reaffirmed that ``[t]he flow of data and an 
open, interoperable internet are inseparable from the success of the 
U.S. economy,'' and stated unequivocally that, ``the United States will 
advocate for open, interoperable communications, with minimal barriers 
to the global exchange of information and services.'' \3\
---------------------------------------------------------------------------

    \3\ Executive Office of the President, The National Security 
Strategy of the United States of America (Dec. 2017), https://www.whitehouse.gov/wp-content/uploads/2017/12/NSS-Final-12-18-2017-0905.pdf.
---------------------------------------------------------------------------

    NTIA's Office of International Affairs: The Office of International 
Affairs (OIA) leads NTIA's overseas work. It plays a central role in 
the formulation of the U.S. Government's international information and 
communications technology policies, particularly with respect to the 
internet and the internet-enabled economy. OIA's diverse policymaking 
efforts include protecting and promoting an open and interoperable 
internet, advocating for the free flow of information, and 
strengthening the global marketplace for American digital products and 
services.
    OIA advances these and related priorities at such global venues as 
the International Telecommunication Union (ITU), the internet 
Governance Forum (IGF), the Asia-Pacific Economic Cooperation (APEC) 
forum, the Organization of American States (OAS) the Organization for 
Economic Cooperation and Development (OECD),

[[Page 26037]]

the G7 and G20 forums, as well as through international trade 
negotiations and bilateral and multilateral dialogues. In addition, OIA 
leads NTIA's role as the expert Executive Branch agency responsible for 
issues related to the internet's Domain Name System (DNS). In this 
regard, OIA oversees legal agreements related to the management of the 
.us and .edu top-level domain names, and represents the U.S. Government 
in its interactions with the internet Corporation for Assigned Names 
and Numbers (ICANN), the not-for-profit corporation that coordinates 
the DNS, including serving as the official U.S. representative to the 
Governmental Advisory Committee (GAC).\4\
---------------------------------------------------------------------------

    \4\ More information about ICANN and the GAC are available on 
ICANN's website at www.icann.org.
---------------------------------------------------------------------------

    Through this Notice, NTIA is soliciting comments and 
recommendations from stakeholders on its international internet policy 
priorities. These comments will help NTIA and the U.S. Government 
identify the most important issues facing the internet globally. They 
will also help NTIA leverage its resources and policy expertise most 
effectively to respond to stakeholders' priorities and interests. 
Comments are welcomed from all interested stakeholders--including the 
private sector, the technical community, academia, government, civil 
society, and interested individuals.
    For the purposes of this notice of inquiry, OIA has organized 
questions into four broad categories: (1) The free flow of information 
and jurisdiction; (2) the multistakeholder approach to internet 
governance; (3) privacy and security; and (4) emerging technologies and 
trends. NTIA seeks public input on any and/or all of these four 
categories.
    The Free Flow of Information and Jurisdiction: NTIA tracks and 
responds to global developments pertaining to free flow of information 
and internet-related jurisdictional issues. The free flow of 
information is critical not only to the protection of free speech 
online, but to the continued growth of the global economy. Certain 
governments, however, are increasingly imposing restrictions on the 
free movement of data. These restrictions may be put in place for 
legitimate reasons--such as concerns about privacy, taxation, and law 
enforcement access to data--but they are often undertaken for far less 
valid reasons, such as domestic surveillance and protectionism. In 
either case, restrictions on the free flow of information are 
jeopardizing the economic, social, and educational opportunities 
provided by the internet.
    Perhaps even more importantly, the free flow of information on the 
internet enables basic human rights, such as the freedom of expression. 
Yet here there is similarly an emerging trend of repressive governments 
restricting access to information that they deem to be politically or 
socially objectionable. This is pursued through various means, such as 
by blocking certain applications, impeding the use of Virtual Private 
Networks (VPNs), or through the total shutdown of internet 
communications within national territories. These actions often violate 
internet users' rights to freedom of expression, association, and 
peaceful assembly.
    Relatedly, there is an emerging trend of national courts issuing 
judgments on internet-related court cases that risk forcing American 
companies to globally remove information hosted online. 
Problematically, what may be censored information in one country could 
be protected speech in other countries, including the United States. 
Such jurisdictional disputes illustrate the tension between a global, 
borderless internet and national sovereignty. NTIA is seeking input 
from all stakeholders on potential responses to these, and related, 
jurisdictional challenges.
    Multistakeholder Approach to internet Governance: NTIA has strongly 
advocated for the multistakeholder approach to internet governance and 
policy development. NTIA's advocacy of the multistakeholder approach is 
reflected in its support of organizations and forums utilizing the 
approach, including ICANN, the Internet Engineering Task Force (IETF), 
Regional Internet Registries (RIRs), the IGF, and others. In addition 
to these bodies and forums, NTIA strives to build support for the 
approach within multilateral institutions, such as the ITU, and through 
bilateral engagement.
    One of NTIA's primary initiatives in the area of multistakeholder 
internet governance was the privatization of the management of the DNS. 
This was completed in October 2016 when the contract between NTIA and 
ICANN for the performance of the Internet Assigned Names and Numbers 
(IANA) functions expired.\5\ NTIA seeks public input from all 
stakeholders on what U.S. priorities should be now within ICANN and 
broader DNS policy.
---------------------------------------------------------------------------

    \5\ The IANA functions include the coordination and allocation 
of domain names, internet protocol and autonomous system numbers, 
and other internet protocol resources.
---------------------------------------------------------------------------

    Another area of emphasis for NTIA has been the promotion of the 
IGF, which serves as a global platform for multistakeholder dialogues 
on internet-related public policy issues. Unlike other United Nations 
processes, the IGF program is organized by the multistakeholder 
community, not by governments alone. NTIA has been involved in the IGF 
since its inception, having served as a lead negotiator at the UN World 
Summit on the Information Society (WSIS), as well as serving a member 
of the IGF Multistakeholder Advisory Group and its intercessional 
work.\6\ NTIA seeks public input from all stakeholders on opportunities 
for IGF improvement.
---------------------------------------------------------------------------

    \6\ The IGF organizes various types of Intercessional Work 
during the year, the outputs from which are discussed during the 
event. Best Practice Forums, Dynamic Coalitions, and National and 
Regional Initiatives, amongst other efforts, constitute the IGF's 
Intercessional Work. Further information is available at: https://intgovforum.org/multilingual/content/intercessional-work.
---------------------------------------------------------------------------

    Privacy and Security: NTIA, as an agency within the U.S. Department 
of Commerce, approaches cybersecurity from a commercial perspective. 
This means that NTIA's policy work is grounded in the belief that 
cybersecurity risks should be viewed not exclusively as a national 
security threat, but as a threat to economic growth and innovation. As 
the 2017 National Security Strategy notes, a ``strong, defensible cyber 
infrastructure fosters economic growth, protects our liberties, and 
advances our national security.'' \7\ Internationally, OIA approaches 
cybersecurity with an understanding that the cyber threat is a global 
problem that requires international coordination. Accordingly, OIA has 
worked within the OECD, APEC, the IGF, and elsewhere, to promote 
strong, industry-led cybersecurity risk-management practices.\8\
---------------------------------------------------------------------------

    \7\ 2017 National Security Strategy, supra n. 4.
    \8\ For example, at the IGF2017, OIA engaged in an Open Forum 
session on cybersecurity and multistakeholder processes. The 
transcript and video from this meeting is available at https://www.intgovforum.org/multilingual/content/igf-2017-day-3-room-ix-of70-cybersecurity-20-leveraging-the-multistakeholder-model-to.
---------------------------------------------------------------------------

    In the area of privacy and data protection, NTIA has worked 
overseas to advocate for smart and non-discriminatory privacy rules. 
While different countries are going to take different approaches to 
protecting citizens' privacy, NTIA argues that these differences need 
not impede global commerce. NTIA works with colleagues from the 
International Trade Administration (ITA) and the Federal Trade 
Commission (FTC) to advance interoperable privacy regimes and 
mechanisms, such as the APEC Cross-

[[Page 26038]]

Border Rules (CBPRs) and the E.U.-U.S. Privacy Shield Arrangement.\9\
---------------------------------------------------------------------------

    \9\ See Department of Commerce, Fact Sheet: Overview of the EU-
U.S. Privacy Shield Framework (Feb. 29, 2106), https://www.commerce.gov/news/fact-sheets/2016/02/fact-sheet-overview-eu-us-privacy-shield-framework; see also Department of Commerce, Press 
Release, Joint Press Statement from Secretary Ross and Commissioner 
Jourova on the Privacy Shield Review (Sept. 20, 2017), https://www.commerce.gov/news/press-releases/2017/09/joint-press-statement-secretary-ross-and-commissioner-jourova-privacy.
---------------------------------------------------------------------------

    Emerging Technologies and Trends: NTIA also advocates for policies 
that enable entrepreneurs and innovators to take risks and to find 
global markets for new digital products and services. This advocacy 
often draws NTIA into discussions about access to broadband internet 
service, digital literacy, intellectual property, and technological 
standardization. Over the last decade, these discussions have 
intensified, as many countries have invested greater resources into 
developing national innovation strategies, and have increasingly 
brought those ideas into international forums, such as APEC and the 
OECD. Over the coming years, these discussions will increasingly focus 
on issues such as the economic and social impacts of artificial 
intelligence, the workforce changes brought on by automation and new 
internet-enabled business models, and the growth of blockchain 
applications, to name a few. NTIA welcomes comments on how OIA should 
participate in international discussions of these issues, as well as 
other issues related to emerging technologies and trends.

Request for Comments

    Instructions for Commenters: NTIA invites comments on the full 
range of questions presented by this Notice, including issues that are 
not specifically raised. Commenters are encouraged to address any or 
all of the following questions. Comments that contain references to 
specific court cases, studies, and/or research should include copies of 
the referenced materials with the submitted comments. Commenters should 
include the name of the person or organization filing the comment, as 
well as a page number on each page of their submissions. All comments 
received are a part of the public record and will generally be posted 
on the NTIA website, http://www.ntia.doc.gov/ gov/, without change. All 
personal identifying information (for example, name or address) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit confidential business information or otherwise sensitive or 
protected information.

I. The Free Flow of Information and Jurisdiction

    A. What are the challenges to the free flow of information online?
    B. Which foreign laws and policies restrict the free flow of 
information online? What is the impact on U.S. companies and users in 
general?
    C. Have courts in other countries issued internet-related judgments 
that apply national laws to the global internet? What have been the 
practical effects on U.S. companies of such judgements? What have the 
effects been on users?
    D. What are the challenges to freedom of expression online?
    E. What should be the role of all stakeholders globally--
governments, companies, technical experts, civil society and end 
users--in ensuring free expression online?
    F. What role can NTIA play in helping to reduce restrictions on the 
free flow of information over the internet and ensuring free expression 
online?
    G. In which international organizations or venues might NTIA most 
effectively advocate for the free flow of information and freedom of 
expression? What specific actions should NTIA and the U.S. Government 
take?
    H. How might NTIA better assist with jurisdictional challenges on 
the internet?

II. Multistakeholder Approach to Internet Governance

    A. Does the multistakeholder approach continue to support an 
environment for the internet to grow and thrive? If so, why? If not, 
why not?
    B. Are there public policy areas in which the multistakeholder 
approach works best? If yes, what are those areas and why? Are there 
areas in which the multistakeholder approach does not work effectively? 
If there are, what are those areas and why?
    C. Are the existing accountability structures within 
multistakeholder internet governance sufficient? If not, why not? What 
improvements can be made?
    D. Should the IANA Stewardship Transition be unwound? If yes, why 
and how? If not, why not?
    E. What should be NTIA's priorities within ICANN and the GAC?
    F. Are there any other DNS related activities NTIA should pursue? 
If yes, please describe.
    G. Are there barriers to engagement at the IGF? If so, how can we 
lower these barriers?
    H. Are there improvements that can be made to the IGF's structure, 
organization, planning processes, or intercessional work programs? If 
so, what are they?
    I. What, if any, action can NTIA take to help raise awareness about 
the IGF and foster stakeholder engagement?
    J. What role should multilateral organizations play in internet 
governance?

III. Privacy and Security

    A. In what ways are cybersecurity threats harming international 
commerce? In what ways are the responses to those threats harming 
international commerce?
    B. Which international venues are the most appropriate to address 
questions of digital privacy? What privacy issues should NTIA 
prioritize in those international venues?

IV. Emerging Technologies and Trends

    A. What emerging technologies and trends should be the focus of 
international policy discussions? Please provide specific examples.
    B. In which international venues should conversations about 
emerging technology and trends take place? Which international venues 
are the most effective? Which are the least effective?
    C. What are the current best practices for promoting innovation and 
investment for emerging technologies? Are these best practices 
universal, or are they dependent upon a country's level of economic 
development? How should NTIA promote these best practices?
    For any response, commenters may wish to consider describing 
specific goals and actions that NTIA, the Department, or the U.S. 
Government in general, might take (on its own or in conjunction with 
the private sector) to achieve those goals; the benefits and costs 
associated with the action; whether the proposal is agency-specific or 
interagency; the rationale and evidence to support it; and the roles of 
other stakeholders.

    Dated: May 31, 2018.
David J. Redl,
Assistant Secretary for Communications and Information.
[FR Doc. 2018-12075 Filed 6-4-18; 8:45 am]
 BILLING CODE 3510-60-P



                                              26036                           Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices

                                                 Table 15 above details the number of                 mitigation, monitoring, and reporting                  Public Affairs, (202) 482–7002, or at
                                              individuals that could be exposed to                    requirements.                                          press@ntia.doc.gov.
                                              received noise levels that could cause                    Dated: May 31, 2018.                                 SUPPLEMENTARY INFORMATION:
                                              TTS or Level B harassment for the work                  Donna S. Wieting,                                         Background: Within the U.S.
                                              at the project site relative to the total                                                                      Department of Commerce, the National
                                                                                                      Director, Office of Protected Resources,
                                              stock abundance. The numbers of                         National Marine Fisheries Service.                     Telecommunications and Information
                                              animals authorized to be taken for all                                                                         Administration (NTIA) is the Executive
                                                                                                      [FR Doc. 2018–12043 Filed 6–4–18; 8:45 am]
                                              species will be considered small relative                                                                      Branch agency responsible for advising
                                                                                                      BILLING CODE 3510–22–P
                                              to the relevant stocks or populations                                                                          the President on telecommunications
                                              even if each estimated instance of take                                                                        and information policy.1 NTIA was
                                              occurred to a new individual. The total                                                                        established in 1978 in response to the
                                                                                                      DEPARTMENT OF COMMERCE
                                              percent of the population (if each                                                                             growing national consensus that
                                              instance was a separate individual) for                 National Telecommunications and                        ‘‘telecommunications and information
                                              which take is requested is less than                    Information Administration                             are vital to the public welfare, national
                                              eight percent for all stocks (Table 15).                                                                       security, and competitiveness of the
                                              Based on the analysis contained herein                  [Docket No. 180124068–8068–01]                         United States,’’ and that, ‘‘rapid
                                              of the activity (including the mitigation               RIN 0660–XC041                                         technological advances being made in
                                              and monitoring measures) and the                                                                               the telecommunications and
                                              anticipated take of marine mammals,                     International internet Policy Priorities               information fields make it imperative
                                              NMFS finds that small numbers of                                                                               that the United States maintain effective
                                              marine mammals will be taken relative                   AGENCY:  National Telecommunications                   national and international policies and
                                              to the population size of the affected                  and Information Administration, U.S.                   programs capable of taking advantage of
                                              species or stocks.                                      Department of Commerce.                                continued advancements.’’ 2
                                                                                                      ACTION: Notice of inquiry.                                In the 40 years since its inception,
                                              Unmitigable Adverse Impact Analysis                                                                            NTIA has made growth and innovation
                                              and Determination                                       SUMMARY:    Recognizing the vital                      in communications technologies—most
                                                There are no relevant subsistence uses                importance of the internet and digital                 recently internet communications—a
                                              of the affected marine mammal stocks or                 communications to U.S. innovation,                     cornerstone of its mission. The
                                              species implicated by this action.                      prosperity, education, and civic and                   Administration’s 2017 National Security
                                              Therefore, NMFS has determined that                     cultural life, the National                            Strategy reaffirmed that ‘‘[t]he flow of
                                              the total taking of affected species or                 Telecommunications and Information                     data and an open, interoperable internet
                                              stocks will not have an unmitigable                     Administration (NTIA) of the U.S.                      are inseparable from the success of the
                                              adverse impact on the availability of                   Department of Commerce has made it a                   U.S. economy,’’ and stated
                                              such species or stocks for taking for                   top priority to encourage growth and                   unequivocally that, ‘‘the United States
                                              subsistence purposes.                                   innovation for the internet and internet-              will advocate for open, interoperable
                                                                                                      enabled economy. Towards that end,                     communications, with minimal barriers
                                              Endangered Species Act (ESA)                            NTIA is seeking comments and                           to the global exchange of information
                                                                                                      recommendations from all interested                    and services.’’ 3
                                                 Section 7(a)(2) of the Endangered
                                                                                                      stakeholders on its international                         NTIA’s Office of International Affairs:
                                              Species Act of 1973 (ESA: 16 U.S.C.
                                                                                                      internet policy priorities for 2018 and                The Office of International Affairs (OIA)
                                              1531 et seq.) requires that each Federal
                                                                                                      beyond. These comments will help                       leads NTIA’s overseas work. It plays a
                                              agency insure that any action it
                                                                                                      inform NTIA to identify priority issues                central role in the formulation of the
                                              authorizes, funds, or carries out is not                                                                       U.S. Government’s international
                                                                                                      and help NTIA effectively leverage its
                                              likely to jeopardize the continued                                                                             information and communications
                                                                                                      resources and expertise to address those
                                              existence of any endangered or                                                                                 technology policies, particularly with
                                                                                                      issues.
                                              threatened species or result in the                                                                            respect to the internet and the internet-
                                              destruction or adverse modification of                  DATES: Comments are due on or before
                                                                                                      5 p.m. Eastern Time on July 2, 2018.                   enabled economy. OIA’s diverse
                                              designated critical habitat. To ensure                                                                         policymaking efforts include protecting
                                              ESA compliance for the issuance of                      ADDRESSES: Written comments may be
                                                                                                                                                             and promoting an open and
                                              IHAs, NMFS consults internally, in this                 submitted by email to iipp2018@                        interoperable internet, advocating for
                                              case with the West Coast Region                         ntia.doc.gov. Comments submitted by                    the free flow of information, and
                                              Protected Resources Division Office,                    email should be machine-readable and                   strengthening the global marketplace for
                                              whenever we propose to authorize take                   should not be copy-protected. Written                  American digital products and services.
                                              for endangered or threatened species.                   comments also may be submitted by                         OIA advances these and related
                                                 No incidental take of ESA-listed                     mail to the National                                   priorities at such global venues as the
                                              species is authorized or expected to                    Telecommunications and Information                     International Telecommunication Union
                                              result from this activity. Therefore,                   Administration, U.S. Department of                     (ITU), the internet Governance Forum
                                              NMFS has determined that consultation                   Commerce, 1401 Constitution Avenue                     (IGF), the Asia-Pacific Economic
                                              under Section 7 of the ESA is not                       NW, Room 4725, Attn: Fiona Alexander,                  Cooperation (APEC) forum, the
                                              required for this action.                               Washington, DC 20230.                                  Organization of American States (OAS)
                                                                                                      FOR FURTHER INFORMATION CONTACT:                       the Organization for Economic
                                              Authorization
                                                                                                      Fiona Alexander, National                              Cooperation and Development (OECD),
amozie on DSK3GDR082PROD with NOTICES1




                                                NMFS has issued an IHA to Caltrans                    Telecommunications and Information
                                              for the harassment of small numbers of                  Administration, U.S. Department of                       1 47 U.S.C. 902(b)(2)(D).
                                              marine mammals incidental to the                        Commerce, 1401 Constitution Avenue                       2 47 U.S.C. 901(b)(1–6).
                                                                                                                                                               3 Executive Office of the President, The National
                                              dismantling and reuse of the original                   NW, Room 4706, Washington, DC
                                                                                                                                                             Security Strategy of the United States of America
                                              East Span of the San Francisco–Oakland                  20230; telephone (202) 482–1866; email                 (Dec. 2017), https://www.whitehouse.gov/wp-
                                              Bay Bridge in the San Francisco Bay                     falexander@ntia.doc.gov. Please direct                 content/uploads/2017/12/NSS-Final-12-18-2017-
                                              provided the previously mentioned                       media inquiries to NTIA’s Office of                    0905.pdf.



                                         VerDate Sep<11>2014   20:19 Jun 04, 2018   Jkt 241001   PO 00000   Frm 00042   Fmt 4703   Sfmt 4703   E:\FR\FM\05JNN1.SGM    05JNN1


                                                                              Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices                                                     26037

                                              the G7 and G20 forums, as well as                          Perhaps even more importantly, the                  related public policy issues. Unlike
                                              through international trade negotiations                free flow of information on the internet               other United Nations processes, the IGF
                                              and bilateral and multilateral dialogues.               enables basic human rights, such as the                program is organized by the
                                              In addition, OIA leads NTIA’s role as                   freedom of expression. Yet here there is               multistakeholder community, not by
                                              the expert Executive Branch agency                      similarly an emerging trend of                         governments alone. NTIA has been
                                              responsible for issues related to the                   repressive governments restricting                     involved in the IGF since its inception,
                                              internet’s Domain Name System (DNS).                    access to information that they deem to                having served as a lead negotiator at the
                                              In this regard, OIA oversees legal                      be politically or socially objectionable.              UN World Summit on the Information
                                              agreements related to the management                    This is pursued through various means,                 Society (WSIS), as well as serving a
                                              of the .us and .edu top-level domain                    such as by blocking certain applications,              member of the IGF Multistakeholder
                                              names, and represents the U.S.                          impeding the use of Virtual Private                    Advisory Group and its intercessional
                                              Government in its interactions with the                 Networks (VPNs), or through the total
                                              internet Corporation for Assigned                                                                              work.6 NTIA seeks public input from all
                                                                                                      shutdown of internet communications
                                              Names and Numbers (ICANN), the not-                                                                            stakeholders on opportunities for IGF
                                                                                                      within national territories. These
                                              for-profit corporation that coordinates                                                                        improvement.
                                                                                                      actions often violate internet users’
                                              the DNS, including serving as the                       rights to freedom of expression,                          Privacy and Security: NTIA, as an
                                              official U.S. representative to the                     association, and peaceful assembly.                    agency within the U.S. Department of
                                              Governmental Advisory Committee                            Relatedly, there is an emerging trend               Commerce, approaches cybersecurity
                                              (GAC).4                                                 of national courts issuing judgments on                from a commercial perspective. This
                                                 Through this Notice, NTIA is                         internet-related court cases that risk                 means that NTIA’s policy work is
                                              soliciting comments and                                 forcing American companies to globally                 grounded in the belief that cybersecurity
                                              recommendations from stakeholders on                    remove information hosted online.                      risks should be viewed not exclusively
                                              its international internet policy                       Problematically, what may be censored                  as a national security threat, but as a
                                              priorities. These comments will help                    information in one country could be                    threat to economic growth and
                                              NTIA and the U.S. Government identify                   protected speech in other countries,                   innovation. As the 2017 National
                                              the most important issues facing the                    including the United States. Such
                                              internet globally. They will also help                                                                         Security Strategy notes, a ‘‘strong,
                                                                                                      jurisdictional disputes illustrate the                 defensible cyber infrastructure fosters
                                              NTIA leverage its resources and policy                  tension between a global, borderless
                                              expertise most effectively to respond to                                                                       economic growth, protects our liberties,
                                                                                                      internet and national sovereignty. NTIA                and advances our national security.’’ 7
                                              stakeholders’ priorities and interests.                 is seeking input from all stakeholders on
                                              Comments are welcomed from all                                                                                 Internationally, OIA approaches
                                                                                                      potential responses to these, and
                                              interested stakeholders—including the                                                                          cybersecurity with an understanding
                                                                                                      related, jurisdictional challenges.
                                              private sector, the technical community,                   Multistakeholder Approach to                        that the cyber threat is a global problem
                                              academia, government, civil society,                    internet Governance: NTIA has strongly                 that requires international coordination.
                                              and interested individuals.                             advocated for the multistakeholder                     Accordingly, OIA has worked within
                                                 For the purposes of this notice of                   approach to internet governance and                    the OECD, APEC, the IGF, and
                                              inquiry, OIA has organized questions                    policy development. NTIA’s advocacy                    elsewhere, to promote strong, industry-
                                              into four broad categories: (1) The free                of the multistakeholder approach is                    led cybersecurity risk-management
                                              flow of information and jurisdiction; (2)               reflected in its support of organizations              practices.8
                                              the multistakeholder approach to                        and forums utilizing the approach,                        In the area of privacy and data
                                              internet governance; (3) privacy and                    including ICANN, the Internet
                                              security; and (4) emerging technologies                                                                        protection, NTIA has worked overseas
                                                                                                      Engineering Task Force (IETF), Regional                to advocate for smart and non-
                                              and trends. NTIA seeks public input on                  Internet Registries (RIRs), the IGF, and
                                              any and/or all of these four categories.                                                                       discriminatory privacy rules. While
                                                                                                      others. In addition to these bodies and                different countries are going to take
                                                 The Free Flow of Information and
                                                                                                      forums, NTIA strives to build support                  different approaches to protecting
                                              Jurisdiction: NTIA tracks and responds
                                                                                                      for the approach within multilateral                   citizens’ privacy, NTIA argues that these
                                              to global developments pertaining to
                                                                                                      institutions, such as the ITU, and                     differences need not impede global
                                              free flow of information and internet-
                                                                                                      through bilateral engagement.
                                              related jurisdictional issues. The free                                                                        commerce. NTIA works with colleagues
                                                                                                         One of NTIA’s primary initiatives in
                                              flow of information is critical not only                                                                       from the International Trade
                                                                                                      the area of multistakeholder internet
                                              to the protection of free speech online,                governance was the privatization of the                Administration (ITA) and the Federal
                                              but to the continued growth of the                      management of the DNS. This was                        Trade Commission (FTC) to advance
                                              global economy. Certain governments,                    completed in October 2016 when the                     interoperable privacy regimes and
                                              however, are increasingly imposing                      contract between NTIA and ICANN for                    mechanisms, such as the APEC Cross-
                                              restrictions on the free movement of                    the performance of the Internet
                                              data. These restrictions may be put in                  Assigned Names and Numbers (IANA)                        6 The IGF organizes various types of
                                              place for legitimate reasons—such as                    functions expired.5 NTIA seeks public                  Intercessional Work during the year, the outputs
                                              concerns about privacy, taxation, and                   input from all stakeholders on what U.S.               from which are discussed during the event. Best
                                              law enforcement access to data—but                      priorities should be now within ICANN
                                                                                                                                                             Practice Forums, Dynamic Coalitions, and National
                                              they are often undertaken for far less                                                                         and Regional Initiatives, amongst other efforts,
                                                                                                      and broader DNS policy.                                constitute the IGF’s Intercessional Work. Further
                                              valid reasons, such as domestic                            Another area of emphasis for NTIA                   information is available at: https://intgovforum.org/
                                              surveillance and protectionism. In
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      has been the promotion of the IGF,                     multilingual/content/intercessional-work.
                                              either case, restrictions on the free flow              which serves as a global platform for
                                                                                                                                                               7 2017 National Security Strategy, supra n. 4.

                                              of information are jeopardizing the                     multistakeholder dialogues on internet-
                                                                                                                                                               8 For example, at the IGF2017, OIA engaged in an

                                              economic, social, and educational                                                                              Open Forum session on cybersecurity and
                                                                                                                                                             multistakeholder processes. The transcript and
                                              opportunities provided by the internet.                   5 The IANA functions include the coordination        video from this meeting is available at https://
                                                                                                      and allocation of domain names, internet protocol      www.intgovforum.org/multilingual/content/igf-
                                                4 More information about ICANN and the GAC are        and autonomous system numbers, and other               2017-day-3-room-ix-of70-cybersecurity-20-
                                              available on ICANN’s website at www.icann.org.          internet protocol resources.                           leveraging-the-multistakeholder-model-to.



                                         VerDate Sep<11>2014   20:19 Jun 04, 2018   Jkt 241001   PO 00000   Frm 00043   Fmt 4703   Sfmt 4703   E:\FR\FM\05JNN1.SGM   05JNN1


                                              26038                           Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices

                                              Border Rules (CBPRs) and the E.U.-U.S.                  I. The Free Flow of Information and                    organization, planning processes, or
                                              Privacy Shield Arrangement.9                            Jurisdiction                                           intercessional work programs? If so,
                                                 Emerging Technologies and Trends:                       A. What are the challenges to the free              what are they?
                                              NTIA also advocates for policies that                                                                            I. What, if any, action can NTIA take
                                                                                                      flow of information online?
                                              enable entrepreneurs and innovators to                                                                         to help raise awareness about the IGF
                                                                                                         B. Which foreign laws and policies
                                              take risks and to find global markets for                                                                      and foster stakeholder engagement?
                                                                                                      restrict the free flow of information                    J. What role should multilateral
                                              new digital products and services. This                 online? What is the impact on U.S.
                                              advocacy often draws NTIA into                                                                                 organizations play in internet
                                                                                                      companies and users in general?                        governance?
                                              discussions about access to broadband                      C. Have courts in other countries
                                              internet service, digital literacy,                     issued internet-related judgments that                 III. Privacy and Security
                                              intellectual property, and technological                apply national laws to the global                         A. In what ways are cybersecurity
                                              standardization. Over the last decade,                  internet? What have been the practical                 threats harming international
                                              these discussions have intensified, as                  effects on U.S. companies of such                      commerce? In what ways are the
                                              many countries have invested greater                    judgements? What have the effects been                 responses to those threats harming
                                              resources into developing national                      on users?                                              international commerce?
                                              innovation strategies, and have                            D. What are the challenges to freedom                  B. Which international venues are the
                                              increasingly brought those ideas into                   of expression online?                                  most appropriate to address questions of
                                              international forums, such as APEC and                     E. What should be the role of all                   digital privacy? What privacy issues
                                              the OECD. Over the coming years, these                  stakeholders globally—governments,                     should NTIA prioritize in those
                                              discussions will increasingly focus on                  companies, technical experts, civil                    international venues?
                                              issues such as the economic and social                  society and end users—in ensuring free
                                              impacts of artificial intelligence, the                                                                        IV. Emerging Technologies and Trends
                                                                                                      expression online?
                                              workforce changes brought on by                            F. What role can NTIA play in helping                  A. What emerging technologies and
                                              automation and new internet-enabled                     to reduce restrictions on the free flow of             trends should be the focus of
                                              business models, and the growth of                      information over the internet and                      international policy discussions? Please
                                              blockchain applications, to name a few.                 ensuring free expression online?                       provide specific examples.
                                              NTIA welcomes comments on how OIA                          G. In which international                              B. In which international venues
                                              should participate in international                     organizations or venues might NTIA                     should conversations about emerging
                                              discussions of these issues, as well as                 most effectively advocate for the free                 technology and trends take place?
                                              other issues related to emerging                        flow of information and freedom of                     Which international venues are the most
                                              technologies and trends.                                expression? What specific actions                      effective? Which are the least effective?
                                                                                                      should NTIA and the U.S. Government                       C. What are the current best practices
                                              Request for Comments                                                                                           for promoting innovation and
                                                                                                      take?
                                                Instructions for Commenters: NTIA                        H. How might NTIA better assist with                investment for emerging technologies?
                                              invites comments on the full range of                   jurisdictional challenges on the                       Are these best practices universal, or are
                                              questions presented by this Notice,                     internet?                                              they dependent upon a country’s level
                                              including issues that are not specifically                                                                     of economic development? How should
                                              raised. Commenters are encouraged to                    II. Multistakeholder Approach to                       NTIA promote these best practices?
                                              address any or all of the following                     Internet Governance                                       For any response, commenters may
                                              questions. Comments that contain                           A. Does the multistakeholder                        wish to consider describing specific
                                              references to specific court cases,                     approach continue to support an                        goals and actions that NTIA, the
                                              studies, and/or research should include                 environment for the internet to grow                   Department, or the U.S. Government in
                                              copies of the referenced materials with                 and thrive? If so, why? If not, why not?               general, might take (on its own or in
                                              the submitted comments. Commenters                         B. Are there public policy areas in                 conjunction with the private sector) to
                                              should include the name of the person                   which the multistakeholder approach                    achieve those goals; the benefits and
                                              or organization filing the comment, as                  works best? If yes, what are those areas               costs associated with the action;
                                              well as a page number on each page of                   and why? Are there areas in which the                  whether the proposal is agency-specific
                                              their submissions. All comments                         multistakeholder approach does not                     or interagency; the rationale and
                                              received are a part of the public record                work effectively? If there are, what are               evidence to support it; and the roles of
                                              and will generally be posted on the                     those areas and why?                                   other stakeholders.
                                              NTIA website, http://www.ntia.doc.                         C. Are the existing accountability                    Dated: May 31, 2018.
                                              gov/, without change. All personal                      structures within multistakeholder                     David J. Redl,
                                              identifying information (for example,                   internet governance sufficient? If not,                Assistant Secretary for Communications and
                                              name or address) voluntarily submitted                  why not? What improvements can be                      Information.
                                              by the commenter may be publicly                        made?                                                  [FR Doc. 2018–12075 Filed 6–4–18; 8:45 am]
                                              accessible. Do not submit confidential                     D. Should the IANA Stewardship                      BILLING CODE 3510–60–P
                                              business information or otherwise                       Transition be unwound? If yes, why and
                                              sensitive or protected information.                     how? If not, why not?
                                                                                                         E. What should be NTIA’s priorities                 CONSUMER PRODUCT SAFETY
                                                9 See Department of Commerce, Fact Sheet:             within ICANN and the GAC?                              COMMISSION
                                              Overview of the EU-U.S. Privacy Shield Framework           F. Are there any other DNS related
amozie on DSK3GDR082PROD with NOTICES1




                                              (Feb. 29, 2106), https://www.commerce.gov/news/                                                                [Docket No. CPSC–2018–0006]
                                              fact-sheets/2016/02/fact-sheet-overview-eu-us-
                                                                                                      activities NTIA should pursue? If yes,
                                              privacy-shield-framework; see also Department of        please describe.
                                                                                                                                                             Draft Guidelines for Determining Age
                                              Commerce, Press Release, Joint Press Statement             G. Are there barriers to engagement at
                                              from Secretary Ross and Commissioner Jourova on                                                                Appropriateness of Toys; Notice of
                                                                                                      the IGF? If so, how can we lower these
                                              the Privacy Shield Review (Sept. 20, 2017), https://                                                           Extension of Comment Period
                                              www.commerce.gov/news/press-releases/2017/09/
                                                                                                      barriers?
                                              joint-press-statement-secretary-ross-and-                  H. Are there improvements that can                  AGENCY:U.S. Consumer Product Safety
                                              commissioner-jourova-privacy.                           be made to the IGF’s structure,                        Commission.


                                         VerDate Sep<11>2014   20:19 Jun 04, 2018   Jkt 241001   PO 00000   Frm 00044   Fmt 4703   Sfmt 4703   E:\FR\FM\05JNN1.SGM   05JNN1



Document Created: 2018-11-02 11:47:15
Document Modified: 2018-11-02 11:47:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of inquiry.
DatesComments are due on or before 5 p.m. Eastern Time on July 2, 2018.
ContactFiona Alexander, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Room 4706, Washington, DC 20230; telephone (202) 482-1866; email [email protected] Please direct media inquiries to NTIA's Office of Public Affairs, (202) 482-7002, or at [email protected]
FR Citation83 FR 26036 
RIN Number0660-XC04

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR