83 FR 26036 - International internet Policy Priorities

DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration

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

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


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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.

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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\
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    \1\ 47 U.S.C. 902(b)(2)(D).
    \2\ 47 U.S.C. 901(b)(1-6).
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    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\
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    \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.
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    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\
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    \4\ More information about ICANN and the GAC are available on 
ICANN's website at www.icann.org.
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    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.
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    \5\ The IANA functions include the coordination and allocation 
of domain names, internet protocol and autonomous system numbers, 
and other internet protocol resources.
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    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.
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    \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.
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    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\
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    \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.
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    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-

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