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Governance and Sovereignty: North American Perspectives

Governance and Sovereignty: North American Perspectives. Prepared by Michael Mac Neil For International Dimensions of Internet and e-Commerce Regulation, 25-26/10/2002. Dimensions of Sovereignty. Ability of states to exert control over their territory

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Governance and Sovereignty: North American Perspectives

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  1. Governance and Sovereignty:North American Perspectives Prepared by Michael Mac Neil For International Dimensions of Internet and e-Commerce Regulation, 25-26/10/2002

  2. Dimensions of Sovereignty • Ability of states to exert control over their territory • Ability of states to exclude other states from exerting control • Sovereignty exerted through • Legislative acts • Executive acts • Courts Michael Mac Neil

  3. The Future of Sovereignty? • Sovereignty undermined? • Pressures towards common denominators –eg. Data havens / long-arm regulation • Sovereignty Enhanced? • Increased opportunities for monitoring and surveillance • Sovereignty Transformed? • Rise of supranational institutions • Privatization of regulation Michael Mac Neil

  4. Factors Affecting Sovereignty • Internationalization of economy • Borderless communication • Technologies insulating from or enhancing law enforcement • Values and ideologies Michael Mac Neil

  5. Some Practical Issues • Canada • Privacy • Encryption • Content Regulation • Interception of Communications • United States • Yahoo! France Michael Mac Neil

  6. Canada: Privacy • Personal Information Protection and Electronic Documents Act (PIPED) came into force in 2001 • OECD influence on privacy principles - Policy convergence • Important stage of self-regulation through ‘private’ development of privacy codes • In part a response to EC Directive on Transborder Data Flow • Internationalization of economic relations Michael Mac Neil

  7. Canada: Encryption Policy • Limited regulation of internal use, international coordination of export controls • Deferral to marketplace • Encourage private, self-help mechanisms to address privacy and online security concerns • Technology as a limit on the exercise of sovereignty • Continuing international coordination through Wassenaar Agreement Michael Mac Neil

  8. Canada: Content Regulation • CRTC refused to extend Broadcasting Act regulation to Internet • Culture and sovereignty important nexus? • Technology shaping the regulatory environment - convergence • Desire for private solutions – industry and individual responsibility for content • Efficacy of licensing schemes in a globalized environment Michael Mac Neil

  9. Canada: Interception of Communications • New discussion paper available at http://www.canada.justice.gc.ca/en/cons/la_al/ • An assertion of sovereignty? • Compliance with COE Convention on Cybercrime • Adapt law enforcement strategies to new technologies • Structuring architecture to enable regulation Michael Mac Neil

  10. U.S.: Yahoo! France • Resisting the Yahoo! France decision • Whose law will govern Internet activity • Enforceability of French Court order in US • US constitutional values as a limit on regulability • The limited application of “comity of nations” • Declaration of unenforceability granted Michael Mac Neil

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