CYIL 2013

THE CZECH REPUBLIC IN THE WCITǧ12

Security Article 5A Security and Robustness of Networks simply reads: Member States shall individually and collectively endeavour to ensure the security and robustness of international telecommunication networks in order to achieve effective use thereof and avoidance of technical harm there to, as well as the harmonious development of international telecommunication services offered to the public . This cannot reveal all the emotions and discussions behind it. At first glance, it suggests that Member States should take care of the networks in order to keep them safe. The problem, however, lies in the expression “security”, which the internet community uses to describe steps taken to ensure delivery of harmless content. Telecommunications, on the other hand, use robustness as a description of a network that is ready to transfer a huge amount of content from one point to the other safely and unspoiled. The discussions over how to address those two expressions were endless, leading to a compromise in which both are included. Question of spam One of the significant characteristics of the whole WCIT-12 was a continuous effort to make the ITRs applicable on as many issues as possible. One of the typical examples is spam. Although it seems logical to address the opinion of the need to combat spam, it was unacceptable for many states, including the Czech Republic, to make such provisions a part of the ITRs. Spam or any bulk information is always about content, which some users consider intrusive, but others might find useful. Governments should not regulate spam, especially not because of an international treaty. After endless discussions, Article 5B, entitled “Unsolicited bulk electronic communications”, was adopted as follows: Member States should endeavour to take necessary measures to prevent the propagation of unsolicited bulk electronic communications and minimize its impact on international telecommunication services. Member States are encouraged to cooperate in that sense. It is important to state that this moment,for many states, meant an enormous step towards their decision for not signing the ITRs. Preamble The most crucial issue not only for ITRs but for the whole WCIT-12 was the Preamble that was opened by the Tunisian proposal on freedom of expression and the Polish one, and subsequently EU ones, concerning human rights in telecommunications. This issue brought forward so many polarised views that it led to informal negotiations within regional groups. Ahead of the spam and the security texts, the Preamble text was opened. The USA proposal, “ While implementing these Regulations Member States shall take into account their international obligations in relation to universal human rights ”, which worked well for the EU, opened a huge