Internet & Jurisdiction Policy Network: Building Cooperation Across Borders

The Internet & Jurisdiction Policy Network is a unique organization that brings together governments, the private sector, and civil society to address the challenges of the digital age. It was launched in 2009 to develop practical solutions to the tensions between national laws and the global nature of the internet.

The network's work is centered around the idea that cooperation across borders is essential for addressing the complexities of the internet. This requires a multidisciplinary approach that takes into account the perspectives of governments, businesses, and civil society organizations.

One of the key areas of focus for the Internet & Jurisdiction Policy Network is online child protection. The network has developed a set of best practices for protecting children online, which have been endorsed by governments and industry leaders around the world.

The Internet & Jurisdiction Policy Network has made significant strides in enabling multistakeholder cooperation, a crucial aspect of internet governance. This network bridges relevant stakeholder groups and policy silos, facilitating a neutral dialogue process that helps build trust among different actors.

Through its Secretariat, the network facilitates global, regional, and thematic meetings, which has led to the development of operational solutions necessary for the coexistence of diverse laws on the cross-border Internet. The Secretariat reports annually on progress at the Internet Governance Forum (IGF) organized by the United Nations.

In 2016, the Internet & Jurisdiction Policy Network was granted an "Open Forum" at the IGF, a format traditionally reserved for treaty-based organizations. This recognition highlights the network's commitment to multistakeholder cooperation and its effectiveness in facilitating dialogue among diverse actors.

The OECD Ministerial Meeting on the Digital Economy in Cancún, Mexico, also recognized the network's multistakeholder process as exemplary. The G7 Cyber Group expressed its support for the ongoing work of the Internet & Jurisdiction Policy Network in 2018.

The United Nations Secretary General Report on "Progress made in the implementation of and follow-up to the outcomes of the World Summit on the Information Society" referenced the work of the Internet & Jurisdiction Policy Network and its Global Conferences in 2017 and 2019.

Here are some key factors for the success of issue-based policy networks, as identified by the Internet & Jurisdiction Policy Network:

The Internet & Jurisdiction Policy Network has organized several global conferences to address the issue of jurisdiction on the Internet.

The 1st Global Conference of the Internet & Jurisdiction Policy Network took place in Paris, France, on November 14-16, 2016, gathering over 200 senior representatives from more than 40 countries.

It was organized in partnership with the Government of France and institutionally supported by several international organizations, including the OECD, the European Commission, and UNESCO.

The conference was a significant milestone, as it was the first time that such a large group of stakeholders came together to address the issue of jurisdiction on the Internet.

The conference resulted in the identification of concrete "areas for cooperation" to help the development of shared policy standards and frameworks for legal interoperability and due process across borders.

The 2nd Global Internet and Jurisdiction Conference took place in Ottawa, Canada, on February 26-28, 2018, and brought together key senior-level representatives from various stakeholder groups and countries.

The conference was organized by the I&J Secretariat in partnership with the Government of Canada and institutionally supported by several international organizations, including the OECD, UNESCO, and the European Commission.

The conference built on the results of previous work and aimed to develop policy standards and operational solutions for submission at the 3rd Global Internet and Jurisdiction Conference in Berlin in 2019.

The 3rd Global Conference of the Internet & Jurisdiction Policy Network took place in Berlin, Germany, on June 3-5, 2019, and gathered almost 300 senior-level key stakeholders from more than 50 countries.

The conference was organized in partnership with the Government of Germany and institutionally supported by several international organizations, including the Council of Europe, European Commission, and ICANN.

The conference resulted in the Berlin Roadmap, which structures the further work on outcomes and addresses some of the most pressing cross-border legal challenges of the digital 21st century.

The Internet & Jurisdiction Policy Network is working to address the complex issue of cyber jurisdiction. The network has documented over 1000 high-level cases illustrating the growing tension between national jurisdictions and transborder cyberspaces.

The Internet was conceived as a transborder and non-territorial space, but this has led to tensions as content and services legal in one country may be illegal in another. Today, most daily activities on the Internet involve multiple jurisdictions, making it difficult to determine applicable laws and provide mechanisms for redress.

The Internet & Jurisdiction Policy Network has identified three areas that require multistakeholder cooperation: data, content, and domain name system. These areas are critical in resolving jurisdictional tensions online and preventing the fragmentation of the Internet.

In the area of data, the network has highlighted the need to balance the right to privacy with the need for lawful access to user data. This is a complex issue, as public authorities in one country may need to obtain user information from an operator in another jurisdiction.

The global availability of content is another critical issue, as local laws and norms regarding speech vary greatly. The network has emphasized the need to ensure proportionality and respect for human rights in instances of content takedown.

The domain name system is also a key area of focus, as jurisdictions apply the DNS in different ways. The network has highlighted the importance of preserving the architectural separation between the Internet's application and logical layers.

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To address these complex issues, the Internet & Jurisdiction Policy Network is working with a range of stakeholders, including governments, Internet platforms, technical operators, civil society groups, and international organizations. The network is also engaging in ongoing dialogue processes to address these issues and catalyze solutions.

Here are some key areas where multistakeholder cooperation is needed:

By working together, we can resolve jurisdictional tensions online and prevent the fragmentation of the Internet. This requires a coordinated effort from all stakeholders, including governments, Internet platforms, technical operators, civil society groups, and international organizations.

Policy frameworks are essential for establishing mutual commitments between stakeholders, with clear distribution of responsibilities, specific norms, procedural mechanisms or guarantees, and clear decision-making criteria.

These frameworks can be developed through multistakeholder processes, which involve all stakeholder groups, including states, Internet platforms, technical operators, academia, civil society, and international organisations.

The Internet & Jurisdiction Policy Network has identified several key factors for the success of such issue-based policy networks, including framing the problem as an issue of common concern for all actors, ensuring the neutrality of the convener and facilitation team/secretariat, and engaging a critical mass of actors with sufficient diversity to be representative of the various perspectives.

Effective policy frameworks can also provide sufficient geographic diversity from the onset to allow scalability in the adoption of any emerging policy solution.

Multistakeholder policy standards can be implemented through a combination of existing tools, ranging from simple best practices to strict normative obligations, and can be institutionally embedded in national laws, endorsed by international organisations, or enshrined in new international treaties.

Here are the key characteristics of multistakeholder policy standards:

These characteristics enable policy standards to establish procedural interoperability and due process across borders, handle multiple jurisdictions on the Internet, and reform existing modes of interstate cooperation.

The Internet & Jurisdiction Policy Network faces challenges in enabling multistakeholder cooperation due to the institutional gap in Internet governance.

The network bridges relevant stakeholder groups and policy silos to facilitate a neutral dialogue process.

Global, regional, and thematic meetings help build trust among different actors, but it's a continuous effort.

The Internet & Jurisdiction Secretariat reports annually on progress at the Internet Governance Forum (IGF) organized by the United Nations.

This recognition has helped the network gain credibility and support from various international organizations.

The G7 Cyber Group expressed its support for the ongoing work of the Internet & Jurisdiction Policy Network in 2018.

The network's multistakeholder process was cited as exemplary in the Background Report Economic and Social Benefits of Internet Openness in 2016.

Institutional support from six international organizations, including the Council of Europe and ICANN, has been crucial to the network's success.

The Internet & Jurisdiction Secretariat signed its first formal Memorandum of Understanding with the United Nations ECLAC in 2018.

The Internet & Jurisdiction Policy Network has developed a robust reporting system to track global and regional trends, actors, and solutions.

Their Status Reports survey over 150 key stakeholders from five continents, combining desk research with global data collection.

These reports help foster policy coherence and legal interoperability in cyberspace, providing a first-of-its-kind mapping of internet jurisdiction related policy trends.

In 2019, the Secretariat of the Internet & Jurisdiction Policy Network launched the world's first Internet & Jurisdiction Global Status Report at the United Nations Internet Governance Forum.

The first regional Status Report for Latin America and the Caribbean was launched in 2020 in partnership with United Nations ECLAC.

The Internet & Jurisdiction Policy Network has been working on Status Reports to track global and regional trends, actors, and solutions. These reports help foster policy coherence and legal interoperability in cyberspace.

The Secretariat of the Internet & Jurisdiction Policy Network launched the world's first Internet & Jurisdiction Global Status Report at the United Nations Internet Governance Forum in 2019. The report presents a mapping of internet jurisdiction related policy trends, actors, and initiatives.

The report combines detailed desk research with a global data collection from over 150 key stakeholders – states, internet companies, technical operators, civil society, academia, and international organizations from five continents.

Data is a crucial aspect of reports and data analysis. It's the foundation upon which insights are built.

Reports often rely on a vast amount of data, which can be overwhelming to sift through.

A single data point can be meaningless, but when analyzed in context, it can reveal valuable information. For example, a company's sales data can be broken down by region, product, and time period to identify trends and patterns.

Data can be categorized into qualitative and quantitative types, with qualitative data focusing on non-numerical information and quantitative data focusing on numerical information. This categorization is essential for accurate analysis.

Reports often use data visualization tools to present complex data in an easily digestible format.

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