Isabelle FALQUE-PIERROTIN

The WSIS has closed its doors and the outcomes are controversial: even if it has been a true opportunity to discuss on the internet trends and challenges for the future, the States have failed to come to a consensus or the main internet issues (security, governance, intellectual property). The Summit has revealed the gap between countries, some of them putting on the top of their agenda the creation of a new financial tool aiming at bridging the digital divide, others fighting for an absolute respect of their national sovereignty. As a result, the declaration adopted at the end of the Summit does not give a clear sign of political will and appears as a cautious compromise of national interests.

Nevertheless, in that complex environment, there is one side of progress: the growing recognition that new collaborative methods between public and private actors are necessary to elaborate the rules and uses of the internet.

It was one of the ambitions of the Summit that wanted to associate the civil society and the private sector to the states deliberations. The Summit Secretariat wanted to launch a new kind of international conference, answering to the need for participation to the decision making process expressed by a lot of players.

This objective is not entirely fulfilled: the civil society has expressed the view that its positions have not been taken into account in the official declaration and has published a separate text. But still, most of the actors have been heard and have appeared as an organized force. Moreover, the political declaration of the Summit refers officially to the need for implementing new ways of collaboration between public and private actors.

In this purpose, a European coregulation network has been launched during the WSIS. This project initiated by the French "Forum des droits sur l'internet" associates organizations from 7 European countries in order to build the legal framework of the internet through a new participative method. It has been officially launched by Erkii Liikanen, the European Commissioner responsible for Enterprise and Information Society, .

Coregulation: a new way to generate rules

International by definition, Internet is a complex space, with extremely diverse players: states, private companies and civil society. Its evolution seems often unpredictable, following technological breakthroughs and usage changes. It has become necessary to work out a new way to generate rules in this changing environment.

Coregulation is based upon the fact that answer to this challenge cannot only be based on State regulation. On the internet, State regulation is sometimes overtaken by its limited geographical boundaries and its own efficiency. In fact, States, private companies and civil society share responsibility in building the rules, the challenge being now to determine how to articulate the specific role of each participant.

Promoting a multi-stakeholder approach, coregulation aims at organizing a cooperation on rights and usage issues between all players.

Through this cooperation process, the players have the opportunity to reach a consensus point on each subject, facilitating the respect of the enacted rules. Aside of the State regulation (rules, laws, international agreements), it also allows implementing new means coming from self regulation like best practices, technical means, efficient networks to share information.

This process does not aim at discrediting the intervention of States. States remain the preferred players as they are the only entities able to decide and enforce public rules.

The coregulation approach is practised with great benefit by the French "Forum des droits sur l'internet" since 2001. This "Forum" is a neutral place of dialogue between the public and the private actors. It has published recommendations on various issues (evote, e-administration, legal status of hyperlinks, .) and advises the French government.

A network to act at the European level

The network is first built at the European level. To some extent, it could appear as a nonsense as the internet legal issues are mostly international.

But Europe can play an interesting role in internet regulation: first, European players share an inheritance of values that can usefully guide the debate on information society. A European identity does exist, for example in terms of respect for privacy or child protection. Moreover, Europe has the experience of building harmonization from diversified cultures. Taking advantage of this asset, the European Union has a role to play in the international sphere.

The network will, of course, be open to work on specific subject with international partners as long as they share the coregulation approach.

The network has 4 missions :

- Building a resource and expertise network on internet legal issues at the European level. Thanks to the network, members will be able to share experiences and knowledge.

- Organizing public debates with all stakeholders (representatives of States, private companies and the civil society) at the European level on the key right and usage internet issues (such as spam, child protection, intellectual property rights.).

- Nurturing European institutions with proposals on subjects of common interests.

- Being prepared to help in the WSIS follow-up process.

The network will position its works in the perspective of the Tunis Summit (November 2005).

How will the network function?

The network associates all entities on an equal basis: it is a network of peers open to new members. The network will work in a flexible and decentralized way and the forms of cooperation will vary: for some members, the network will only be a resource centre allowing them to collect information and exchange best practices; for others, it will be a real cooperative platform leading to common outputs.

Conclusion:

The launch of the European coregulation network is a major event of the WSIS as it is a concrete example of new forms of cooperation between public and private actors at the European level. Coregulation can help to build the internet legal framework and the network can play a role in the follow-up process between Geneva and Tunis.

Isabelle FALQUE-PIERROTIN
Member of the Counsel of State
General manager - Forum des droits sur l'internet