Can a layered policy approach stop Internet fragmentation? | IGF 2023 WS #273

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In Japan, the government has implemented a layered approach to internet regulation, which is considered effective and clear in the country’s legal structure. This approach encompasses various levels of regulation to address different aspects of internet-related issues. The government is also actively involved in addressing challenges related to internet access in rural areas, aiming to secure reliable and accessible internet connections for all citizens.

However, the layered approach faces difficulties when it comes to content-related concerns, such as piracy and the distribution of Child Sexual Abuse Material (CSAM).

The government acknowledges that the current framework does not effectively tackle these issues and presents challenges in combating piracy and CSAM. Constructing legislation that adequately covers these problematic areas within the boundaries of a democratic society, considering factors like the rule of law and freedom of expression, is complex.

Moreover, the emergence of the internet has given rise to new types of crimes, posing significant challenges for law enforcement agencies.

The use of end-to-end encryption, as seen in platforms like Telegram, makes it harder for authorities to trace and apprehend criminals engaged in illegal activities. This highlights the need for innovative countermeasures and international cooperation to effectively combat internet-enabled crimes.

While respecting the principles of freedom and the global nature of the internet, the Japanese government recognizes the importance of balancing these ideals with the rule of law.

They take a cautious approach, avoiding a complete prohibition of general internet platforms like Telegram, and instead seek to find legal solutions to combat online crimes. Additionally, the government actively engages in international affairs, understanding that its duty extends beyond domestic borders.

Cyberbullying is a significant issue globally, and Japan is no exception.

Various measures are being taken, including the creation of legislation to address internet-based humiliation. By implementing these laws, the government aims to protect individuals from the harmful effects of cyberbullying and provide a safer online environment.

Regulations concerning social media networks and internet service providers are considered necessary but complex.

The government is working on establishing a legal system to define the limited liability of internet service providers, acknowledging the benefits and side effects of the social network services (SNS) ecosystem. Achieving a balance between regulation and the positive aspects of SNS platforms is crucial in ensuring a safe and secure online space.

The use of social media and the internet also brings forth the issue of echo chamber effects, where individuals are exposed only to similar viewpoints and information, leading to polarization and misinformation.

This phenomenon challenges the fostering of a well-informed society and highlights the importance of promoting diverse perspectives and critical thinking in online interactions.

Constructing effective laws to combat piracy and CSAM is a technically challenging task. The government recognizes this complexity and strives to find appropriate solutions without introducing direct regulations or legislation.

Instead, they encourage the industry and private sector, such as internet service providers (ISPs) and telecom operators, to take a leading role in countering piracy and CSAM. By leveraging the expertise and resources of these stakeholders, more effective measures can be implemented.

There is also a strong emphasis on the role of the internet community in combating piracy and CSAM.

Nishigata, an advocate for collective effort, believes that while piracy can exist even without the internet, its scale is significantly smaller in comparison. More than 90% of the internet community is considered to be “good guys” who can play an essential role in supporting the fight against illegal activities and maintaining a safe online environment.

Despite the efforts made, it is highlighted that internet regulations and legislations have struggled to keep up with the rapid advancement of technology.

The development of the internet has outpaced regulatory efforts and created challenges in effectively addressing emerging issues. Therefore, continuous adaptation and collaboration among various stakeholders are needed to ensure that regulations can keep pace with technological progress.

In conclusion, the Japanese government has implemented a layered approach to internet regulation, which has been effective in certain aspects, such as securing internet connections in rural areas.

However, challenges remain in areas like content-related concerns, internet-enabled crimes, and cyberbullying. Balancing the principles of freedom and the global nature of the internet with the rule of law is crucial. Regulations concerning social media networks and internet service providers are complex but necessary.

Collaboration and joint efforts between the government, technicians, industry, and civil society are vital in improving the regulation and safety of the internet landscape.

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During the discussion, the speakers delved into the intricacies of layered policymaking in relation to Internet content. They emphasized that understanding the complex network behind Internet content is crucial for effective policymaking. Different entities were identified as being responsible for delivering content to users, including registrars, entity-based content transmitters, Internet Service Providers (ISPs), and browsers.

The speakers highlighted that regulatory structures play a significant role in shaping how these entities can operate and collaborate.

The negative consequences of regulating the Internet through blocking mechanisms were brought to attention. They explained that attempts to block an IP address can inadvertently lead to the blocking of millions of domains, resulting in a significant proportion of internet content becoming inaccessible.

This argument highlights the potential hindrance to access that could arise from overly restrictive Internet regulations.

Additionally, the speakers underscored the importance of considering both local and global implications when developing new structures on top of the Internet.

They explained that implementing new layers or structures can potentially disrupt existing functions, and that taking into account the effects on both local and global levels can help prevent such disruptions.

The discussion also touched on the need to balance practicality and functionality when developing Internet regulations.

The speakers argued that claims regarding data localisation of IP addresses, as outlined in the European Union’s General Data Protection Regulation (GDPR), can be impractical considering how internet infrastructure functions. They noted that policymakers sometimes lack a full understanding of the intricacies of the internet, which emphasises the need for careful consideration of practicality and functionality when crafting regulations.

Furthermore, the speakers stressed the significance of infrastructure as the initial gateway for internet access.

They stated that individuals often turn to infrastructure first to gain access due to the internet functioning as a network of interconnected networks. This supports the argument that regulations on infrastructure should be carefully thought out, considering its critical role in enabling access to the internet.

The speakers also spoke about the importance of having a deep understanding of potential unintended consequences when crafting regulations.

They emphasised that regulation writing involves considering trade-offs and potential side effects, enabling policymakers to develop effective and balanced regulations.

The industry’s role in explaining technical details during the creation of regulations was highlighted as essential. By providing expertise and insights, the industry can bridge the communication gap between the engineering side and the regulatory creation side, ensuring that regulations are well-informed and technically viable.

The discussion then shifted towards the impact of legislation beyond national borders.

The speakers pointed out that nations typically legislate within their own borders. However, when it comes to infrastructure, legislation can extend far beyond national boundaries, impacting other nations as well. It was emphasised that understanding this reality and making legislation accessible can aid in comprehending legislative influences beyond borders.

Furthermore, the speakers noted that if a nation legislates on matters that affect areas outside its borders, other nations may reciprocate by legislating within its borders.

This observation highlights a potential consequence of legislating extraterritorially, emphasising the importance of considering such implications and fostering international cooperation in legislative matters.

In conclusion, the discussion emphasised the complex nature of layered policymaking in relation to Internet content.

The importance of understanding the multifaceted network behind Internet content, considering local and global implications, and ensuring the practicality and functionality of regulations were key themes. The potential negative consequences of overly restrictive regulations and the need for cooperation between government, industry, and civil society were also highlighted.

Overall, the speakers advocated for a thoughtful and collaborative approach to navigating the challenges surrounding internet regulation.

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The session on internet fragmentation, regulation, and governance explored several key arguments. One argument put forth was that the internet is inherently fragmented as a network of networks. This understanding recognises that the internet comprises various interconnected networks operated by individuals and companies.

These individual fragments form the larger network that we know as the internet.

However, it was also acknowledged that harmful fragmentation poses a problem. Harmful fragmentation refers to instances where the fragmentation of the internet hinders its intended function.

The session emphasised the need to address such harmful fragmentation to ensure the smooth operation and effectiveness of the internet.

The importance of adopting a layered policy approach was discussed during the session. A layered policy approach recognises that the internet operates on multiple layers, and different regulations may be required for each layer.

This approach provides a framework to effectively govern the diverse aspects of the internet while accounting for the specificities of each layer.

The distinction between regulating on and off the internet was also highlighted. The Dutch government was cited as an example, as it has implemented a policy approach that distinguishes between regulations applicable to activities taking place on the internet and those occurring off the internet.

By considering the borders and layers of the internet, policymakers can tailor regulations to ensure a balance between control and innovation.

Accountability within the public core of the internet was addressed as a challenging issue. It was noted that accountability issues related to the internet should be dealt with on an international level.

The public core of the internet, due to its borderless nature, poses difficulties in terms of regulation. The session called for careful consideration and international cooperation to hold the public core of the internet accountable.

The importance of considering the public interest in formulating internet governance policies was emphasised.

Policymakers were urged to make decisions that benefit society as a whole and create a better world. The session highlighted that public interest does not differentiate between different layers of the internet, and policies should reflect this holistic concern.

The session also touched upon the significance of global consensus in internet governance.

It was argued that national interests should align with the interests of other nations to promote collaboration and cooperation. Finding a global consensus on matters of public interest was considered a crucial step towards harmonising internet governance frameworks.

The challenges posed by online bullying were discussed, particularly in relation to the internet’s amplification effect on the magnitude of bullying.

The perplexing nature of dealing with bullying in the context of the internet was acknowledged.

The industry’s response to regulation proposals was also examined. The industry was criticised for frequently offering excuses when faced with new regulations.

The need for the industry to mature and accept that it is not exempt from regulation, similar to other industries, was highlighted.

Technical knowledge was identified as essential in understanding the nuances of different technologies and their regulatory scopes.

Different technologies operate at various layers of the internet and are managed by different entities. Understanding these distinctions requires deep technical knowledge.

The potential impact of internet censorship and the need to safeguard democratic values were also discussed.

The session recognised that the battle for a global internet ultimately involves differing values that are not universally agreed upon. It was also noted that control mechanisms deployed to manage content in one jurisdiction can affect other jurisdictions, underscoring the need to consider the potential transboundary implications of these mechanisms.

In conclusion, the session aimed to address internet fragmentation issues and develop suitable approaches to internet governance.

It recognised the natural fragmentation of the internet as a network of networks but emphasised the need to tackle harmful fragmentation. The adoption of a layered policy approach and the distinction between regulating on and off the internet were suggested as ways to effectively govern the internet.

The session discussed the challenges of holding the public core of the internet accountable, the importance of considering the public interest, and the need for global consensus. The session also highlighted the complexities of dealing with bullying, the industry’s response to regulations, the significance of technical knowledge, and the potential implications of internet censorship.

Ultimately, the session aimed to find solutions that respect individual rights, uphold democratic values, and maintain a cohesive global internet.

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This analysis explores various perspectives on internet fragmentation and its implications. One speaker urges caution when assuming that the internet was once unfragmented, questioning the evidence to support this notion. They challenge the assumption of a once-unfragmented internet and take a negative stance towards fragmentation.

Another viewpoint suggests examining fragmentation in terms of time and driving factors.

The speaker emphasizes the need to consider how fragmentation evolves over time and mentions the role of faulty hardware or protocols. This argument takes a neutral stance.

Additionally, a proposed model for layering in the internet is presented.

This model describes the layers from user interface to physical channel and highlights the role of the user interface in conveying information and user intention through the different layers. The speaker sees this model as a positive contribution to understanding internet structure and functionality.

The analysis also explores the benefits of fragmentation in organizations involved in internet governance.

It suggests that organization fragmentation can serve as a barrier to nefarious actors and proposes addressing problems at different levels. This argument emphasizes the positive aspects of fragmentation and its role in resilience.

There is discussion about the confusion surrounding interoperability.

The analysis outlines three models for interoperability – shared, ad hoc, and hybrid – and suggests that the current model is a mixture of the two. This argument takes a negative stance, highlighting the lack of clarity in the direction of interoperability.

Furthermore, the need for a term to describe positive internet fragmentation is highlighted.

The term ‘splinternet’ has negative connotations, and alternative terms such as unified net, flow net, coherent net, cohesive net, and seamless net are proposed to capture the positive aspects of fragmentation.

The analysis also touches on the cognitive dissonance between public expectations of technology and other industries.

Examples such as architects building stable structures and general users not worrying about technical aspects are used to demonstrate this discrepancy. The argument emphasizes the imbalance in expectations for the general public to understand complex technologies.

In conclusion, this comprehensive analysis provides insights into the different perspectives surrounding internet fragmentation.

It emphasizes the need for caution when assuming the existence or non-existence of a once-unfragmented internet and the importance of considering time and driving factors. Additionally, it proposes a model for layering in the internet and discusses the benefits of fragmentation in internet governance organizations.

The analysis raises concerns about the confusion regarding interoperability and suggests the need for a term to describe positive internet fragmentation. It concludes by highlighting the cognitive dissonance between public expectations of technology and other industries and advocates for equipping technology industry frontliners with the necessary tools.

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The internet faces various challenges, one of which is the fragmentation caused by a layered approach. This approach poses significant difficulties as more actors engage across different layers, making it tough to discern and comprehend these layers. Additionally, increased state intervention in response to emerging issues leads to regulations impacting internet infrastructure, further complicating matters.

The prevailing sentiment regarding this issue is negative, as these challenges hamper the effective functioning of the internet.

Deciphering the specific layer of the internet involved in a problem is crucial for effective problem-solving. Lack of identification makes it difficult to determine who to engage in discussions and propose solutions.

This issue holds a neutral sentiment but highlights the importance of understanding the different layers for efficient problem-solving.

Encryption, while foundational for internet security and privacy, presents a major policy challenge due to its potential for abuse. Various actors manipulate encryption for criminal acts, raising concerns about its regulation.

However, engineers argue against modifying encryption due to its crucial role in privacy and security. The sentiment towards this issue is negative, as it poses complexities and conflicts in policy-making and regulation.

Internet fragmentation has gained recognition and discussion as an issue in recent times.

The sentiment towards this issue is neutral, suggesting that fragmentation may have always been a characteristic of the internet. This recognition and discussion underscore the need to address fragmentation as a significant challenge faced by the internet.

Government intervention to mitigate internet-related challenges can have unintended consequences on infrastructure and evolution.

In the past five years, several nations inadvertently affected internet infrastructure due to their reactions to challenges. This negative sentiment highlights the need for careful consideration and assessment of the potential consequences of government intervention in the internet realm.

Overall, the internet presents numerous complexities and challenges that require careful attention.

The layered approach to fragmentation, encryption policy challenges, the need to identify and understand different layers for problem-solving, and the consequences of government intervention are noteworthy observations. These insights emphasize the importance of finding balanced and well-thought-out solutions to ensure the effective and secure functioning of the internet.

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The analysis highlights several key points regarding internet regulation, internet fragmentation, and related topics. One important finding is that a layered policy approach can potentially help prevent internet fragmentation. By considering all elements of the internet, such as the network layer and apps and other services, policymakers can create a cohesive and comprehensive policy that does not lead to internet fragmentation.

This approach takes into account the potential issues that may arise if internet sanctions are applied to internet infrastructure, which can cause fragmented access.

The analysis also emphasizes the importance of governments using a layered approach in policy-making, particularly when applying sanctions.

If not properly targeted, government sanctions can hamper internet access. A layered approach to policy-making on sanctions can help prevent these unintended consequences and ensure uninterrupted internet connectivity.

Japan is presented as an example of a country actively working on effectively regulating the internet.

The country’s Telecom Business Law has a distinct structure to deal with internet regulation issues. Japan is also focusing on ensuring internet connectivity in rural areas and isolated islands, indicating its commitment to comprehensive regulation of national and international internet infrastructure, such as submarine cables and satellite frequencies.

Another important consideration highlighted is the need for governments to strike a balance between respecting internet freedoms and protecting citizens from internet-enabled crimes and violations of rights.

Issues related to privacy and the presence of child sexual abuse materials on the internet are mentioned as examples of challenges that need attention.

The analysis also discusses the challenges arising from the growth and evolution of the internet.

With more actors engaging across different layers, government intervention and regulation can create unintended global effects and potentially lead to the breakdown of the internet. This highlights the complexities and potential unintended consequences associated with internet regulation.

The balance between encryption for security and privacy and addressing its misuse for criminal activities is presented as an important challenge.

Encryption is recognized as a vital protocol contributing to internet security and individual privacy. However, it has also been used as a tool for illegal activities. A solution is needed that does not compromise security and privacy while addressing misuse.

Understanding and identifying the technical aspects of the internet, including its layers, are fundamental for addressing internet fragmentation.

The analysis stresses the importance of recognizing the different layers of the internet to find appropriate solutions for fragmentation.

Cyberbullying emerges as a significant issue that needs to be addressed in policy-making and legislation. It is highlighted that cyberbullying is not confined to Japan and is a global issue.

The use of social networking services is recognized as a factor that can facilitate cyberbullying through echo chambers and filter bubbles. The intersection of the issue of cyberbullying with the concept of freedom of speech is also noted.

The analysis emphasizes the need for cooperation among government, industry, technicians, and civil society to catch up with the pace of internet evolution.

This reflects the complex nature of internet regulation and the importance of involving various stakeholders in shaping effective policies.

In conclusion, the analysis underlines the significance of a layered policy approach in preventing internet fragmentation and the challenges associated with balancing internet regulation and freedoms.

It highlights the need for comprehensive and balanced regulation to address issues such as cyberbullying and encryption misuse. The analysis also indicates the importance of cooperation and understanding among various stakeholders in effectively regulating the internet.

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In the online discussion, the seriousness of cyberbullying in Japan is highlighted by the moderator. They express concerns about the harmful consequences of internet fragmentation, specifically in terms of communication. This fragmentation can lead to cyberbullying, which is seen as a negative outcome.

The moderator seeks possible policy approaches to address this pressing issue.

Another speaker in the discussion acknowledges the link between cyberbullying and internet fragmentation. They argue that cyberbullying can be seen as a manifestation of internet fragmentation in terms of communication.

This perspective emphasizes the need for policy solutions to counter cyberbullying effectively. The speaker suggests that policy approaches are crucial to address this issue appropriately.

The online moderator further reinforces the importance of policy solutions. Seeking inputs from the panel, they aim to gather diverse perspectives on potential policy measures to combat cyberbullying.

By involving experts and stakeholders, the hope is to develop effective strategies for addressing this problem.

The analysis of the discussion reveals that cyberbullying is a significant concern in Japan, and internet fragmentation is identified as a contributing factor.

The call for policy approaches highlights the need for formal measures to tackle cyberbullying effectively. This issue is aligned with SDG 16: Peace, Justice, and Strong Institutions, emphasizing the importance of creating a safe and inclusive online environment.

Overall, the discussion draws attention to the seriousness of cyberbullying, demonstrates the link with internet fragmentation, and stresses the importance of policy solutions.

By addressing this issue and implementing relevant policies, strides can be made towards a safer and more supportive online space.