Who should be interested in Internet Governance (IG)? Who should be interested in Internet Governance (IG) Individual Individuals should be interested in IG because of: • The high risk of encountering spam, identity theft and other cyber related violations • There are also critical issues related to accessing the internet, such as cost at individual or commercial level, protection of intellectual property and consumer protection in general. • Individual rights issues that should be upheld online that include child protection, in relation to pornography as well hate speech and civil defamation online. • The need to be aware of and observe security and privacy online • The need to be aware of unfair practises online such as blocking, throttling prioritisation of some online services. Government Government should be interested in IG because of: • The role it is expected to play in ensuring safety and security online for its citizens by curbing cybercrimes and raising awareness on cyber security issues. • Its obligations on child online safety and privacy of its citizens online • The role it is expected to play insuring the development of infrastructure, its security and access to the internet by the citizens • It is mandated to manage critical Internet resources, ensure the availability of funding for various forums and research • The emergence of electronic money services, that includes e-commerce, e-money and e- banking. Private Sector The private sector and civil society should be interested in IG because: • In many jurisdictions private sector constitutes a significant enabler, active participant and an equal threat to actual enjoyment of rights and freedoms associated with the internet more than the state. • In restrictive environments, internet service providers (ISPs), are proactive in censoring or filtering information on websites and traffic. An appropriate example of such is China, where several companies were actively supporting the government in censorship, these include Yahoo Inc!, Google. Inc, Microsoft Corporation and Skype. • Debates on Intellectual property in relation to business and profit are central to the sector. Existing Laws and regulatory frameworks that govern the Internet Currently the laws that are in place that govern the internet in Zimbabwe include the following: • Postal Telecommunications Act, which is administered by POTRAZ. • Interception of Communications Act (ICA) and in particular the existence and operations of the Monitoring and interception and Communications Centre (MICC). In terms of the ICA the monitoring centre shall be manned, controlled and operated by technical experts designated by the agency. It will among others functions of intercepting and monitoring give technical advice to authorised persons; and service providers on the interception of communications in terms of ICA. This mandate of the MICC is wide and equally unchecked as the enabling provisions of the ICA. • Criminal Law (Codification and Reform) Act as it has several provisions that may apply to use on the internet platforms. Already Zimbabwe has a precedent cases which include Vikazi Mavhudzi who went through trial over a Facebook post on former Prime Minister Morgan Tsvangirai and that of the Edmund and Philip Kudzayi who were accused of trying to overthrow the government by using the Facebook Muckracking character Baba Jukwas page. In both cases the two were not persecuted as the state failed to bring eveidence against, and withdrew the charges, respectively INTERNET GOVERNANCE MULTISTAKEHOLDER CONFERENCE REPORT 2015 • Broadcasting Services Act and in particular, the role of the Broadcasting Authority of Zimbabwe. The act assigns the role and responsibility of BAZ in “the advancement of appropriate technology relating to broadcasting systems and services.” Broadcasting services means any service which delivers television or radio programmes to persons having equipment appropriate for receiving that service, whether the delivery is effected by means of or uses the radiofrequency spectrum, cable, optical fibre, satellite or any other means or a combination of those means. BAZ is also responsible for oversight on datacasting and web casting services this effectively creates synergies with POTRAZ or possible confusion on roles and responsibilities of these institutions. • Censorship and Entertainment Controls Act. This act is in need of review because its relevance and applicability with the digital world is very much limited. • Consumer Contracts Act (CCA) Because of increased competition and need to maximise on services, consumers are vulnerable to anti-competition behaviour from service providers and even false misleading and misrepresentation of services available. As currently framed the CCA is insufficient for purposes of addressing potential threats posed by expansion of technologies and internet usage, critically undermining internet governance framework. In the absence of interest to adopt/produce a revised Consumer Protection Bill, there is need for inclusion of provisions on consumer protection in one of the major laws regulating electronic based transactions. • Copyright Right and Neighbouring Rights Act (CRNR). The CRNR Act restricts the reproduction or dissemination of copyright material on the internet without the exclusive approval of the copyright owner (s20). Broadcasting on the internet is prohibited (s21). The ability for the tribunals under the CRNR Act and courts to enforce these provisions and the copyright owners is very limited. Non-Legal and Voluntary • Zimbabwe Association of Internet Service Providers With a membership of about 28 as of 2013, ZISPA is the private sector association of ISPs in Zimbabwe. The Ministry of Information Communication Technology, Postal and Courier Services regulate internet use in Zimbabwe through POTRAZ. Internet Service Providers in Zimbabwe are organized under an independent and voluntary association named Zimbabwe Internet Service Providers Association (ZISPA) •Consumer Council of Zimbabwe The Consumer Council of Zimbabwe (CCZ) is a voluntary organisation that has recognition in statute through the Consumer Contracts Act, which recommends the relevant minister to consult on regulations and reforms. The CCZ will require some level of statutory powers including formation of Consumer Protection Commission under a revised consumer protection law. •Zimbabwe Internet Governance Forum Zimbabwe Internet Governance Forum (ZIGF), was established through a consultative workshop with stakeholders. The workshop established a fifteen-member interim vCoordinating Team (MCT) comprising of three (3) members nominated from five (5) clusters, being, Government, Technical (service providers), Academic, Private Sector, and Civil Society. POTRAZ shall continue to provide Secretariat services until ZIGF is full established. Companies that disclose Government Requests • AOL, AT&Tapple, Cheezburger, Cloudflar Comcast, Credo Mobile • CyberGhost, DaumKakao, Deutsche Teleekom, Dropbox • Facebook, Hong Kong Transparency Report, Kickstarter • Korea Internet Transparency Report, LeaseWeb • LinkedIn, Lookout, Microsoft, Pinterest, Rogers, SaskTel, Snapchat • Sonic.net, SpiderOak, TELUS, TekSavvy, TeliaSonera, Telstra • Time Warner Cable, Tumblr, Twitter, University of California, Berkeley, 024 www.misazim.com @misazimbabwe MISA Zimbabwe