ICC Commission on E-Business, IT and Telecoms
(EBITT)
Business leaders and experts drawn from the ICC membership establish the key business positions, policies and practices on e-business, information technologies and telecommunications through the EBITT Commission. With members who are users and providers of information technology and electronic services from both developed and developing countries, ICC provides the ideal platform to develop global voluntary rules and best practices for these areas. Dedicated to the expansion of cross-border trade, ICC champions liberalization of telecoms and development of infrastructures that support global online trade.
Objectives
· Formulate policies on critical telecommunications, information security, data protection and privacy, cybercrime, freedom of communication, international harmonization efforts and jurisdiction and applicable law in e-commerce issues based on a consensus building process.
· Create a framework of self-regulatory rules, principles and tools for trustworthy electronic commerce.
· Provide an industry interface on telecommunications, IT and e-business issues, with all relevant intergovernmental organizations, including: World Trade Organization (WTO), World Bank, United Nations Conference on International Trade Law (UNCITRAL), Organization for Economic Cooperation and Development (OECD), G 8, UN/CEFACT, International Telecommunication Union (ITU), and the European Parliament and Commission.
Membership
Commission members include a cross section of senior corporate and policy executives, and lawyers representing users and providers of goods and services online and offline; telecommunications service providers; online content providers; IT equipment manufacturers and competitive service providers from a multi-sectoral group of companies. Members represent over 35 countries, and include both large multinationals and small and medium size enterprises.
Priorities
Vital questions for e-business and information technology development include telecom liberalization, liability exposure, jurisdiction and applicable law, data protection and privacy, e-confidence, cybercrime and network security.
ICC, as the foremost business rule-maker for international trade, is now extending these rules to the facilitation of e-business and the creation of practical digital tools. One such tool is an online application that allows companies to negotiate contracts over the Internet - with the added security of ICC model contract clauses and Incoterms, the standard ICC trade definitions.
This online model sales contract builds on a wealth of ICC contributions to e-business and IT in 2001, among them an electronic supplement to documentary credit rules, a model contract for cross-border data flows and updated guidelines on ensuring trustworthy digital transactions
(GUIDEC II).
Benefits and strategic advantages
ICC has direct access to national governments through its network of national committees.
Backed by experts from its member companies, the ICC International Secretariat feeds business views into intergovernmental organizations as they shape policies that directly affect business operations.
Those views command the attention of governments because ICC has strong credentials as the world business organization. Business worldwide benefits from ICC rules and mechanisms that are the bedrock of international trade.
Representation to governments
· Every year, ICC submits world business views on key international economic policy
issues to the heads of state and governments participating in the G8 summit.
· ICC maintains a flow of business advice to the World Trade Organization on trade and investment liberalization and strengthening the rules-based multilateral trading system.
· In the public arena, ICC exerts high profile business pressure on governments to make a success of the multilateral trade negotiations launched by the WTO in Doha in November 2001. It conveys business support for further trade liberalization through articles in major newspapers and TV and radio interviews.
· At ICC World Congresses, in a different country every two years, senior business executives define their world economic priorities. Congresses offer a platform for national leaders to address world business - and for business representatives to make contact with ministers of the host country and international political leaders.
ICC leaders are active participants in major international conferences affecting business, for example the 2003 UN World Summit on the Information Society.
· ICC speaks for world business when governments make decisions affecting business, like negotiations on intellectual property rights at the World Intellectual Property Organization in Geneva, on trade law or electronic contracting at the UN Commission on International Trade Law (UNCITRAL), or on investment and development at the UN Conference on Trade and Development (UNCTAD).
· Annual regional conferences in Africa, Asia, the Arab world and Latin America are among ways that ICC cultivates close contacts with governments. These conferences have become major political events, mobilizing government and local business for the ICC stance on trade, investment and other issues affecting business.
Structure
The ICC Commission on E-Business, IT and Telecoms serves as the overarching body for issue-specific Task Forces which include:
· Task Force on Telecoms Policy
· Task Force on Protection of Personal Data
· Task Force on the Internet
· Task Force on Cybercrime / Cybersecurity
· Task Force on Freedom of Communication and the Internet
· Task Force on Jurisdiction and Applicable Law in E-Commerce
· Task Force on Consumer Policy for E-Business
· Task Force on International Harmonization Efforts
· Task Force on Security and Authentication
The Commission also oversees the following special projects:
· Online applications for ICC Model Contracts
· Digital opportunities initiatives such as the G8 Dot Force and UN ICT Task Force, the World Summit on the Information Society Geneva (2003), Tunis (2005)
· Global Action Plan for electronic business
Task Forces
Task Force on Telecoms Policy
This task force formulates the stance of global business telecommunications users, operators and service providers on issues relating to regulatory affairs and competition in the provision of electronic communications services. It also provides input to the WTO member governments and the ITU and others. Recent accomplishments include the development of an ICC Policy Statement entitled "Broadband deployment" (18 November 2002) and "Trade-Related Aspects of Electronic Commerce and Telecommunications" issued in time for the WTO Ministerial Conference in Doha, Qatar.
Currently, the task force also monitors the implementation of the European Union Telecom Package and has produced a list of actions for governments to take to attract investment in information and communications technologies, telecoms and e-business.
Task Force on Protection of Personal Data
This task force analyzes the impact of regulatory frameworks in the area of privacy and data protection and formulates business positions on these issues. It is currently working on a position that would assist governments in their definition of 'spam' and is providing business comments on the European Union Review of the 1995 General Data Protection Directive. It is also developing practical tools for use by companies world-wide in their implementation of data protection regulation, such as alternative contract clauses for transborder data flows and advisory tools providing key practical information to companies about data flows between regions with differing privacy regimes. A final version of the alternative model contract clauses for transborder data flows, developed with other business organizations, was submitted to the European Commission for approval in August 2002.
Task Force on the Internet
This task force, which includes members of the ICC Commission on Intellectual Property, responds to Internet governance issues stemming from the Internet Corporation for Assigned Names and Numbers (ICANN), and other issues related to the technical management of the Internet.
Task Force on Cybercrime / Cybersecurity
This task force articulates business interests in international and regional policy initiatives related to cybercrimes, aiming to ensure the reliability and trustworthiness in electronic communications systems while safeguarding the interests of providers and users in initiatives to counter cybercrime. Recent accomplishments include the development of a new policy statement entitled "Storage of traffic for data law enforcement purposes" (18 November 2002), providing input on the Council of Europe (CoE) Convention on Cybercrime which was crucial in obtaining major amendments, including the prevention of "routine data retention", in the final text of the Convention. After the ratification of this Convention, ICC provided comments to national governments of signatory countries regarding key considerations for legislation to
implement the CoE Convention on Cybercrime. ICC has provided comments on the Review the Council of Europe draft protocol on Xenophobia as well as on European Commission cybercrime / cybersecurity initiatives, and participated in the EU Cybercrime Forum.
Task Force on Freedom of Communication and the Internet
A task force has been created to develop a substantive ICC policy paper on issues concerning the impact of Internet content regulation and the constraining effects on global business. This policy statement was approved on 18 November 2002.
Task Force on Jurisdiction and Applicable Law in Electronic Commerce
This task force responds to key global and regional legal initiatives that affect electronic commerce, particularly in light of the critical jurisdiction and applicable law issues raised by cross-border nature of online trade. The work commented on includes the Draft Hague Convention on Jurisdiction and the Enforcement of Foreign Judgements in Civil and Commercial Matters and attempts by the European Commission to change the Rome Convention. The business stance in this field is reflected through the ICC policy statement entitled "Jurisdiction and applicable law in electronic commerce" issued in June 2001. It has also developed a clear and understandable guide to jurisdiction and applicable law for nonlawyers.
Task Force on Consumer Policy for E-Business
This task force monitors and provides input into initiatives which seek to build confidence in transacting online such as the European Commission work on Trustmark assessment schemes and UN/CEFACT's development of recommendations regarding online dispute resolution and e-commerce. ICC conducted a comprehensive inventory of Alternative Dispute Resolution (ADR)/online dispute resolution providers in B2C and C2C disputes in cooperation with the OECD, and has posted on the ICC website (www.iccwbo.org) an information resource of dispute resolution services to help consumers and businesses identify ADR providers for disputes that arise out of online transactions.
Task Force on International Harmonization Efforts
This task force serves as a key business resource partner for the United Nations Conference on International Trade Law (UNCITRAL) in its international harmonization work, particularly on its current work on an international convention on electronic contracting. It has also provided input to the European Commission on an EU Contract Law proposal. The task force includes members from the ICC Commission on Commercial Law and Practice.
Task Force on Security and Authentication
This task force aims to address issues relating to security and authentication policy regulation of importance to business users, as well as to provide practical tools for business users worldwide. It recently updated the GUIDEC (General Usage for International Digitally Ensured Commerce) which provides guidelines for ensuring trustworthy digital transactions over the Internet and describes how parties should use digital signatures.
GUIDEC
Trust in open electronic commerce requires a common understanding of mechanisms that are used to guarantee identities and authenticate transactions over electronic networks. The General Usage for International Digitally Ensured Commerce was therefore chosen as the first ECP project, setting out harmonized definitions and rules for the use of electronic authentication techniques. The GUIDEC was posted on the ICC website in November 1997 and was widely referred to as among the first truly global pieces of business self-regulation for electronic commerce. Ira Magaziner, then still special advisor on Internet to the US President, praised the GUIDEC as providing guidance in a market where different definitions among jurisdictions threatened to undermine the utility of digital signatures in cross-border trade.
GUIDEC II
The General Usage for International Digitally Ensured Commerce (version II) was published in October 2001.
The GUIDEC II is intended to provide the context and policy underpinnings of the GUIDEC, with the objective of promoting the world business community's understanding of the issues relating to the use of techniques in electronic commerce. The first edition of the GUIDEC aimed to balance different legal traditions and cover both the civil and common-law treatment of the subject, as well as pertinent international principles. By doing so, it presented both business and governments with a comprehensive statement of best practices for a global infrastructure.
This second version builds on the foundation created by the previous document, and expands areas of direct relevance to the business community. It includes the potential of additional technologies such as biometrics in establishing trustworthy digital transactions as well as taking cognizance of policy developments such as the United Nations Commission on International Trade Law (UNCITRAL) model laws and the European Union Directives.
The principle objective of the GUIDEC II is to establish a general framework for the authentication of digital messages, based upon existing law and practice in different legal systems. In so doing, the GUIDEC II provides a detailed explanation of principles, particularly as they relate to information system security issues, public key cryptographic techniques and emerging biometric capabilities. It also provides succinct standard practices or recommendations relating to secure authentication and processing of digital information.
Projects
A number of projects, products and services are managed by the ICC International Secretariat and draw upon the expertise of interested members of the EBITT Commission and other ICC Commissions.
These include the following:
Online applications for ICC Model Contracts
An online application for the existing ICC Model International Sales Contract has been developed to allow traders, particularly small and medium sized enterprises, to generate comprehensive contracts in a secure online environment. The application is available at www.modelcontracts.com .
In the near future, ICC plans to develop similar online applications for other ICC model contracts, and create supportive resources for online traders to conduct their business around the world, online from the beginning to the satisfaction of their contract.
Digital opportunities initiatives
ICC actively participates in various digital opportunities initiatives including UN ICT Task Force; G8 Digital Opportunity Task Force (Dot Force); UN's 2003 World Summit on the Information Society (Geneva 2003, Tunis 2005). ICC contributes its network and expertise to key global efforts to help developing countries improve and create their telecommunications, IT and e-business capabilities and infrastructures, and encourage investment and entrepreneurship.
World Summit on the Information Society (WSIS)
The new World Summit on the Information Society (WSIS) brochure distributed at the PrepCom included the following section on 'Private Sector' involvement in the Summit:
"The private sector will play an active role, in conjunction with governments and civil society, by offering an economically viable model to achieve the development objectives on the world agenda. The contribution of the private sector is instrumental in creating the material conditions for universal access to information and value-added ICT services. Its involvement in the Summit will promote economic growth and new partnerships, technology transfer, increase awareness of new technologies, and motivate the creation of local content development and skilled employment opportunities.
The private sector input to the Summit is expected to be facilitated by a Coordinating Group of Business Interlocutors (CCBI), chaired by the International Chamber of Commerce (ICC)."
The Final Report Card from the G8 Dot Force, which was presented and circulated at the G8 meeting in Kananaskis in June 2002 acknowledges ICC as a Dot Force Partner and states:
"As a process conducted under the G8, the DOT Force formally sunsets with this report. Its agenda, however has now become the business of a number of other bodies that will carry on the leadership role of the DOT Force within the international community. The UN ICT Task Force, established by the Secretary General in November 2001, shares the DOT Force vision and approach, and provides a focal point for establishing strategic direction, policy coherence, and advocacy in relation to the global, ICT-based development agenda. Through its regional networks, the UN ICT Task Force provides and effective means for broader outreach and the effective involvement of developing countries in future implementation work. In the private sector, organizations such as the World Economic Forum, the Global Business Dialogue on Electronic Commerce, and the International Chamber of Commerce have also accepted the challenge of widening digital opportunities within the developing world. The upcoming World Summit on the Information Society, which will take place in two phases (in Geneva, December 2003, and in Tunis, 2005), will provide a good opportunity to take stock of progress made in achieving the goal of an inclusive global information society."
Global Action Plan for electronic business (GAP)
ICC co-ordinates with the Alliance for Global Business (AGB) to update this global reference document which records base policy positions of many business groups and serves as one single interface on all fundamental policy issues vis-à-vis governments and intergovernmental organizations.
Members of the Alliance for Global Business are:
· Business and Industry Advisory Committee to the OECD (BIAC)
· Global Information Infrastructure Commission (GIIC)
· International Chamber of Commerce (ICC)
· International Telecommunications Users Group (INTUG), and,
· World Information Technology and Services Alliance (WITSA)
The 3rd edition of the Global Action Plan for electronic business was distributed and made available on the ICC website end of July 2002.
ICC Commission on E-Business, IT and Telecoms officers
Chair:
Talal Abu-Ghazaleh (TAGI, Egypt)
Vice Chairs:
Kim Ambler (Boeing Company, US)
Joseph H. Alhadeff (Oracle, US)
Philippe Wintrebert (AT&T, France)
Task Forces
Task Force on Telecoms Policy
Chair – Philippe Wintrebert (AT&T, France)
Task Force on Protection of Personal Data
Chair – Christopher Kuner (Hunton & Williams, Belgium)
Task Force on the Internet
Chair – Allen Miller (ITAA, United States)
Task Force on Cybercrime / Cybersecurity
Chair – Philippe Wintrebert (AT&T, France)
Task Force on Freedom of Communication and the Internet
Co-Chair – Philippe Wintrebert (AT&T, France)
Co-Chair – Michael Hancock (Salans, France)
Task Force on Jurisdiction and Applicable Law in E-Commerce
Co-Chair – Stefan Bernhard (Linklaters Lagerlöf, Sweden)
Co-Chair – Michael Hancock (Salans, France)
Task Force on Consumer Policy for E-Business
Chair – Christopher Kuner (Hunton & Williams, Belgium)
Task Force on International Harmonization Efforts
Chair – Christopher Kuner (Hunton & Williams, Belgium)
Task Force on Security and Authentication
Chair – William B. Kennair (John Venn & Sons, UK)
Special Advisory Group on E-related Issues officers
Chair – Ake Nilson (Marinade Limited, UK)
Vice Chair – Christopher Kuner (Hunton & Williams, Belgium)
For more information please contact:
Ayesha Hassan, Senior Policy Manager
Tel: +33 1 49 53 30 13
Fax: +33 1 49 53 28 59
Email: aha@iccwbo.org
* * * * *