A/HRC/32/38
Internet policy is formulated and implemented in a manner that takes into account the laws,
particularities and concerns of their respective regions. 18
31.
Some organizations that set technical standards have policymaking functions as
well. The International Telecommunication Union, for example, develops and coordinates
global telecommunications policies. ICANN makes policy judgments about the types of
top-level domain names that may be registered and who may claim ownership, in
consultation with Governments, the private sector, civil society and other relevant actors.
32.
Industry-led initiatives also seek to address Internet governance challenges that are
insufficiently addressed by existing legal regulation. The Copyright Alert System, for
example, brings together trade associations in the film and recording industries and Internet
service providers to develop and implement a unified approach to combating copyright
infringement online. The Telecommunications Industry Dialogue brings together
telecommunications operators and vendors to address freedom of expression and right to
privacy concerns in their sector.
33.
While many of these initiatives are privately run, they sometimes collaborate with or
receive support from States. For example, the Internet Watch Foundation of the United
Kingdom of Great Britain and Northern Ireland, which provides Internet service providers
and hosting platforms with a “notice and takedown” service that alerts them to potentially
criminal content on their networks, also provides law enforcement agencies with “unique
data” in their investigations of such content.
IV. Legal and policy issues
34.
The information and communications technology sector’s multiple roles raise legal
and policy questions that deserve attention and elaboration by international human rights
mechanisms.
A.
Content regulation
35.
Many questions concerning private actors in the digital age focus on content
regulation. For instance, how do States facilitate or demand content removal, censorship
and unnecessary or disproportionate restrictions on the right to seek, receive and impart
Internet content through private platforms and networks? How do private enterprises
respond to these demands and other external pressures? When the private sector develops
and enforces its own internal policies and standards to protect and promote rights online,
how do these have an impact on individual expression and access information?
Digital content transmitted on private networks and hosted on private platforms is
increasingly subject to State and corporate regulation. The universe of user-generated
content is always expanding — blogs, text messages, discussion threads, photographs,
videos and social media postings are only a sample of the types of content that users create
and share on a daily basis. Companies that manage networks and platforms for this content,
known as intermediaries, may “give access to, host, transmit and index content, products
36.
18
10
See, for example , European Commission, ICT Sector Guide (para. 14 above); and Inter-American
Commission on Human Rights, Office of the Special Rapporteur for Freedom of Expression,
Freedom of Expression and the Internet (2013).
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