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ABSTRACT In our view, the main goal is to create and enabling
environment for use of the Internet. Facilitating access is a necessary but not
sufficient activity. It is not disputed that it is important to build an
enabling environment for use of and access to the Internet and that states have
obligations to facilitate, or at least not to impede, use of and access to the
Internet. Since this consultation focuses on access, this submission will also
focus on access, but we suggest that the enabling use of the Internet be the
topic of a future open consultation.
A number of ITU instruments, resolutions and
recommendations relate to building an enabling environment for access to the
Internet. This contribution outlines those instruments, resolutions, and
recommendations, proposes amendments to certain instruments, proposes changes
to current Internet governance arrangements, and highlights relevant provisions
of the 2012 International Telecommunication Regulations (ITRs).
A significant number of states did not sign the ITRs in
Dubai in 2012. Almost all of those states indicated that they required
additional time in order to consider the implications of certain provisions, in
particular those that were approved at the last minute.
Accession to the ITRs will help to build an enabling
environment for access to the Internet, and accession by non-signatories would
appear feasible because legal analysis of the provisions that required further
consideration indicates that they do not actually have the effects that had
raised concerns during the conference in Dubai. For greater clarity, we propose
a declaration that can be made by states that accede to the ITRs.
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