Draft

APT/ITU/PITA Workshop on

Principles of Cyber legislation

(For The Pacific Region)

Auckland, New Zealand

28 – 30 March, 2007


1. BACKGROUND

The convergence of Telecommunications, Broadcasting and IT technologies and businesses have necessitated policy makers to revise existing laws and wherever required to promulgate new laws. There have been significant developments in the Asia-Pacific region as several countries have enacted laws beyond pure telecommunications, IT and broadcasting to embrace Convergence, e-Commerce and e-Governance. A list of these laws has been compiled and is available at ICTEYE[1]. Some examples of these laws include e-transaction law, digital signature law, IPR legislation, cybercrime legislation, data protection legislation, anti-SPAM laws, as well as revisions in existing telecommunication, broadcasting and other laws.

A number of studies on cyber legislation have been done by ITU and are available at http://www.itu.int/ITU-D/e-strategy/publications-articles/. A Cybersecurity guide for developing countries and Research on legislation in data privacy, security and the prevention of Cybercrime are some of these. This current project is also in line with WSIS Action line C5 and C6 dealing with “Building confidence and security in the use of ICTs” and “Enabling environment”. In addition, ITU has also developed an ICT Regulation Toolkit with the infoDev and one of the modules of the toolkit addresses the legal/legislative impact of convergence[2].

Need for Cyber legislation advice for Pacific Island Countries

As in other parts of the world, in the Pacific island countries too the need for ICT policy and legal framework is high on the agenda. This is evident from the constitution of the ICT Task Force (by PIFS) and the proceedings of the task force.

In the second ICT Task Force meeting held in October 2006, one of the outcomes was

“Australia is assisting member countries on their anti-spam legislation. However, there are other issues that are also of interest to members that the taskforce will seek direction from Ministers on addressing such as e-security, electronic transactions and e-commerce.”

Also, during the APT-ITU-PITA Joint Regulatory Forum for Pacific Island Countries, held in July 2006, there was a demand to hold a workshop on “Principles of Cyber legislation” by the countries present. This workshop has been designed to arrive at a framework of Cyber Legislation and a possible roadmap for its implementation in the Pacific.

The workshop would be conducted by legal and policy experts having sound background of (preferably involvement in) ICT/other legislation in the Pacific islands. They would also provide the broad elements of each of the key pieces of cyber-legislation that need amendment and where necessary, the means for amending existing or enacting new laws. Carrying on further, it would be useful to undertake a detailed study of how PIC’s current legal system applies to the online environment, identify any gaps within the current system and draw out the laws that would need amendments for the PICs to embrace the ICT environment.

The workshop is being hosted by the APT/ITU/PITA/Government of New Zealand, with the kind support of the Government of Australia.

2.  OBJECTIVES

The key objectives of the seminar are:

·  To advise the Pacific Island Countries on the framework and principles of cyber legislation, the various elements contained therein and best practices on adoption of such legislation.

·  to arrive at a roadmap and model framework for cyber legislation suited to countries in the Pacific.

3. TARGET AUDIENCE

The main audience would be senior level Policy Makers/Authorities responsible for Cyber legislation in the APT, PITA and ITU members from the Pacific region. Other invited bodies are those dealing with Regulatory and Legislative matters from Pacific Islands, interested APT members and affiliate members, ITU Members and Sector members

4. EXPECTED OUTCOMES

·  Recommendations on the framework and the Principles of Cyber legislation suited to the requirements of the Pacific Island countries.

·  Identifying the impediments to the implementation of cyber legislation in the sub-region.

·  Developing a roadmap for Cyber legislation for the Pacific Island countries.

5. WORKING METHODS

The workshop will be conducted by a group of legal experts in the area with sound knowledge of laws in the Pacific region and will involve active participation of the delegates in terms of identifying the impediments and arriving at the recommendations towards the framework. The seminar will be conducted in English.

6. FELLOWSHIPS

The participation of your organization is of high importance and we count on your presence in the event. We are pleased to inform you that APT/ITU will provide 1 full fellowship to delegates from each of the APT/ITU Member countries in the Pacific, who are duly authorized by APT/ITU Administrations. The number of delegates of a country is not limited. However, the country will bear all costs for additional delegates.

Full fellowships are awarded under the following conditions:

§  A round trip air ticket in economy class from country of origin to venue by the most direct & economical itinerary;

§  A daily allowance to cover cost of board/lodging and miscellaneous expenditure;

§  It is imperative that participants awarded ITU fellowships are present from the first day and participate during the entire fellowship period.

7. LOGISTICS

REGISTRATION AND IDENTIFICATION BADGES

Invitees who wish to participate in the workshop should complete the registration form and return it to ITU no later than 23 February, 2007.

Participants are requested to register and obtain meeting badges at the Registration Counter, located in front of the meeting room between 9:00 to 9:30 a.m. on 28 March 2007.

For identification and security reasons, all participants are requested to wear the meeting badges at all times during the meeting.

VENUE

The meeting will be held at the Stamford Plaza Hotel, 22 Lower Albert Street, Auckland, New Zealand.

VISA

All participants are requested to have a valid passport, and, if required, to obtain appropriate entry visa from the New Zealand missions at the point of origin or en route prior to entering New Zealand. Applications or visas should be made as soon as possible, with reference to the APT/ITU/PITA workshop on “Principles of Cyber legislation”.

AIRPORT TAX

Departure Tax of NZ$25.00 payable at Auckland International Airport on departure.

TRAVEL AND ACCOMMODATION

Auckland International Airport is 20km from the city centre.

i)  The Air Bus departs frequently from outside the terminal at a cost of $NZ14.00 one-way.

ii)  Taxis and mini buses cost around $NZ40 - $NZ45.

Participants should make their own transportation arrangements from Auckland Airport to their respective hotels.

Hotel Accommodation

30 rooms have been block booked at the Conference Venue and will be allocated on a first-come first-served basis. Delegates are responsible for their own room booking.

The conference rate is a special rate for delegates and they should quote ‘attending the PITA conference’.

Conference rates with the Stamford Plaza Auckland are as follows:.

Single / Double / $NZ160.00 plus GST
GST / 12.5%

Alternative nearby hotels are:

Sky City Hotel and Casino

Corner Federal & Victoria Streets $NZ119.00 plus GST

Crowne Plaza

128 Albert Street $NZ125.00 plus GST

Rendezvous Hotel

Mayoral Drive, Auckland $NZ119.00 plus GST

The Langham

83 Symonds Street, Auckland $NZ119.00 plus GST

The rates quoted are for room only and Telecom corporate rates - delegates are required to present business cards.

Other alternative motel style accommodation in Auckland and surrounding areas can be found on the web site: www.jasons.co.nz

8. WEATHER AND TIMEZONE

March is in the Autumn Season with temperatures ranging from 15–21 degrees centigrade. A light jacket or sweater is recommended, as is a light rainproof jacket or coat in case of rain.

Local time in New Zealand in April is GMT +12hrs (00.00).

9. BUSINESS HOURS

Auckland, the City of Sails, is New Zealand’s largest city with a population of over 1 million. The city is the retail and commercial centre of New Zealand with a number of head offices and businesses servicing commerce, manufacturing and tourism.

Auckland shops are open seven days a week with general hours of 9 a.m.-5 p.m. Monday to Saturday, and 10 a.m.-4 p.m. Sunday.

There are several restaurants which provide a variety of styles and cuisine, and many featuring live music. Chinese, Japanese, Mexican, Indian, Korean, Lebanese and Italian restaurants also feature traditional New Zealand and European fare.

10. CURRENCY AND CREDIT CARDS

The local currency is New Zealand Dollars (NZD). The commercial banks in the city, forex bureaus, and hotels provide currency exchange facilities.

The exchange rate (as of 18 January 2007) is: 1 NZD = 0.693 USD

Internationally recognized credit cards are accepted by the hotel and department stores (Visa, Master, Diners Club, and American Express) for the purchase of goods and any other financial transactions.

11. ELECTRICITY

Electricity voltage is 240 volts with pin configuration similar to Australia and Fiji. You are advised to take along your universal adaptor if you are from the USA, Japan or any other country with dissimilar pin configurations and voltages.

12. FURTHER INFORMATION AND CONTACT DETAILS

LOGISTICAL MATTERS (Including requests for fellowships and registration form)

Ms. Tanitta Virayavanich
ITU Regional Office for Asia Pacific
89/2 Chaengwattana Road, Laksi
Bangkok 10210, Thailand
Tel: +66 2 574 8565, +66 2 574 9326
Fax: +66 2 574 9328
Email / Or / Mr. Ashish Narayan
ITU Regional Office for Asia Pacific
89/2 Chaengwattana Road, Laksi
Bangkok 10210, Thailand
Tel: +66 2 574 8565, +66 2 574 9326
Fax: +66 2 574 9328
Email

CONTACT DETAILS OF PITA AND APT

Mr. Fred Christopher
Manager PITA,
PO Box 2027, Govt. Buildings, Suva, FIJI
Ph: +679-3311 638
Fax: +679-3308 750
Mobile: +679-9991 807
E-mail: / Mr. Ron Box
Asia-Pacific Telecommunity
12/49, Soi 5 Chaengwattana Road
Bangkok 10210, Thailand
Tel: + 66 2 573 0044
Fax: + 66 2 573 7479
Email:

DRAFT AGENDA

APT-ITU-PITA

Workshop

On

“Principles of Cyber legislation”

(For The Pacific Region)

28-30 March 2007

Auckland, New Zealand

3

Time / Legislation Themes / Session Objectives / Contents / Speakers
9:30– 10:00 / Session I:
Opening Ceremony / Moderator
Welcome Address, APT
Welcome Address: ITU
Welcome Address, PITA
Opening Remarks: New Zealand Administration
10:00 – 10:30 / Tea Break
10:30-12:00 / Session II:
Overview of Cyber Legislation / To understand the importance of cyber legislation, the international trends and the legislative situation in the Pacific / Session Chair:
Keynote: Need for Cyber Legislation and the way forward
Trends in Cyber-Legislation
Cyber Legislation in the Pacific Islands: An overview
12:00 – 13:30 / Lunch
13:30– 15:00 / Session III: Designing Cyber legislation Master Plan / To detail the list of laws that need amendment and the requirement of new complementary laws / Key Objectives / Principles governing Cyber legislation
Elements of Cyber legislation
Laws requiring amendments
Need for new laws
National views
15:00 – 15:30 / Tea Break
15:30– 17:00 / Session IV:
Cyber-Crime / Legislative options to regulate on line content and cyber-crime (incl. on-line gambling)

Day 1: 28 MARCH 2007

Day 2: 29 March 2007

Time / Themes / Contents / Speakers
9:00– 10:30 / Session V:
Contracting in Cyberspace / On-line contracts one country
On-line contracts more than one country
Goods, services, and land
Traders and non-traders
Fair trading
10:30-11:00 / Tea / Coffee Break
11:00-12:00 / Session V:
Contracting in Cyberspace cont. / Choice and scope of law
Electronic Signature and Authentication
Payments /
12:00 - 13:30 / Lunch Break.
13:30– 15:00 / Session VI:
Intellectual Property / Copyrights, Trademarks, Patents
15:00– 15:30 / Tea/Coffee Break
15:30– 17:00 / Session VII: Disputes
Managing Disputes

Day 3: 30 March 2007

Time / Themes / Contents / Speakers
9:00– 10:30 / Session VIII:
Personal Data Protection / Privacy and Data Security
10:30-11:00 / Tea / Coffee Break
11:00-12:00 / Session IX:
Infrastructure Protection / SPAM
12:00 - 13:30 / Lunch Break.
13:30– 15:00 / Session X:
Panel Discussion on Model Roadmap for Cyber legislation
15:00– 15:30 / Tea/Coffee Break
15:30– 17:00 / Session XI:
Conclusion

8

[1] http://www.itu.int/ITU-D/icteye/Default.aspx

[2] http://www.ictregulationtoolkit.org/section/legal_regulation/impact_of_convergence