Speech by Malcolm Johnson, ITU Deputy Secretary-General

Telecom Forum : Law, Regulation and Enforcement 'International Agreements Regulating Telecom Services' Keynote Speech

09 February 2016, Muscat, Oman

Good morning, As-salamu alaykum

It is an honour, and a pleasure, to be here with you today at this Forum, focusing on the vitally important topic of telecom law and regulation.

On behalf of ITU Secretary-General  Houlin Zhao I thank the government of the Sultanate of Oman and the TRA for inviting ITU to join you here today.

The subject of this Forum is very important, and very timely, especially since today is "Safer Internet Day" celebrated to encourage the safe and responsible use of online technology, particularly among children and young people. This year's theme, 'Play your part for a better Internet', highlights the role that we all have to play in ensuring the Net is a safe space for children to play and learn. I am sure the discussion here at this Forum will make a good contribution towards this.

It is now some two and a half decades since the introduction of the Internet to the wider public and we are now starting to have a better understanding of what the Internet revolution really signifies for legal frameworks and regulatory institutions.

The relationship between Information and Communications Technologies (ICTs) and legal and regulatory frameworks is sometimes characterised as a tug-of-war, a push-and-pull between what is possible – and what is permissible.

For more than two decades now, phrases such as 'digital revolution' and 'creative disruption' have been widely used. However, today ICTs really have become pervasive and ubiquitous, and really are revolutionising our ways of doing things.

At ITU, we believe that through goodwill, dialogue and consensus, governments and regulators can create a regulatory framework that enables the roll-out of technology, and maximizes its benefits whilst safeguarding against its downsides.

There are many critical issues that need to be addressed, and I am sure many will be discussed during this Forum.

For example:

How can CRIMINAL and LIBEL LAWS be updated now that people can be named and shamed, and even convicted in the court of public opinion on Twitter, weeks before any real-world court reviews evidence as to their guilt or innocence?

How can PRIVACY LAWS protect citizens, when Google knows our online interests, Facebook knows who our friends are, Booking.com knows where we travel, and Fitbit knows how well we sleep and how much we exercise?

How can TAX LAWS address Internet players that can arrange their accounts in such a way as to pay little or no tax in a country, despite selling their services to millions of consumers in the country?

Can COMPETITION LAWS confront the giant online monopolies that are dominant, not just in national markets, but in global markets? And do they even notice the punitive fines which regulators and competition authorities might impose on them?

How can TRADE LAWS and CUSTOMS DUTIES cope when 3D printing will soon mean that we can email the blueprints of goods to be 'printed' instead of importing them at the border?

How can LAW ENFORCEMENT deal with perpetrators of online crimes and theft that might be half a world away?

And last, but not least, how can our TELECOM LAWS – and telecom incumbents – complete with Internet services, when national laws have only limited reach and capacity?

For some years now ITU has been addressing these issues and encouraging the adoption of National Broadband Plans and Laws. Much progress has been made and by mid-2015 148 of ITU's 193 Member States had such a Plan in place. However, it is not enough just to put a plan into place, it is essential to review and update it regularly.

While the legal principles are well-established in many countries, the challenge is in updating legal and regulatory frameworks to address these issues when technological innovations are happening at an increasing pace.

ITU provides a platform for Member States and regulatory authorities to discuss and develop these frameworks, for example at the annual Global Symposium for Regulators, and I would like to encourage you to attend this year's event which takes place in Sharm El Sheikh, Egypt in early May.

More specifically for cybercrime, ITU launched the Global Cybersecurity Agenda, an international initiative to highlight specific issues in relation to cybersecurity, and to promote collaboration in this area on technical standards, policy and regulation.

ITU maintains a strong set of international regulatory agreements –notably ITU's Radio Regulations, the international treaty on the use of the radio spectrum and satellite orbit, updated every four years at ITU's World Radiocommunication Conferences, most recently late last year where important agreements were reached on many vital issues such as additional spectrum for mobile broadband and flight tracking.

The telecommunication networks, over which the Internet runs, are governed by many major national and international agreements, including the ITU International Telecommunication Regulations, most recently updated in Dubai, UAE, in 2012, in addition to private interconnection and peering agreements.

In respect to technical standards, I would like to highlight the important work carried out by ITU-T Study Groups, in particular Study Group 17 on security standards, and  ITU-T Study Group 3 on interconnection, roaming and peering arrangements.

Details can be found on the ITU website and all ITU recommendations and standards are available there for downloading free of charge.

However despite all these on-going efforts we find the average age of National Broadband Plans currently in force is seven years. It might not seem a lot until you consider the changes in the industry that have occurred in that time.

So what conclusions can be drawn?

Firstly, the vital importance and need to frequently update the legal and regulatory national frameworks, and enforcement practices, to include the most recent best practices that take account of the latest developments in the industry.

Secondly, to do this in partnership and dialogue with all the different stakeholders: policy-makers, law enforcement agencies and the judiciary – with the support and cooperation of industry, consumer groups and the broader public. In today's interconnected world it is important to listen to – and take account of – the views and concerns of the many different stakeholders.

And thirdly, recognize that the threats of online terrorism and cybercriminals cannot be defeated at national level alone. These are global threats and they can only be addresses by global concerted action and collaboration.

ITU with its diverse membership of governments, regulators, industry, academia and civil society clearly has an increasingly important role to play in this global effort so as to maximize the considerable benefits of the technology whilst safeguarding against malicious and illegal uses.

Which is why we congratulate the TRA for organizing this important Forum to address these critical issues, and exchange best practices.

I wish you a very productive discussion and a significant contribution towards achieving more effective telecom laws, regulation and enforcement to the future benefit of all.

Thank you very much.