The Malta-Commonwealth Third Country Training Programme. Legal Instruments for the Internet Economy Building Capacity and Implementing Regulation

Transcription

1 The Malta-Commonwealth Third Country Training Programme Legal Instruments for the Internet Economy Building Capacity and Implementing Regulation Course Location: Cavalieri Hotel, St Julians, Malta Course Dates: 14th 19th September 2015 Application Deadline: 10 July 2015

2 The Malta-Commonwealth Third Country Training Programme Legal Instruments for the Internet Economy Building Capacity and Implementing Regulation Course Location: Cavalieri Hotel, St Julians, Malta Course Dates: 14th 19th September 2015 Application Deadline: 10 July 2015 TRAINING COURSE INFORMATION Background The link between Information and Communication Technologies (ICTs) and Development is acknowledged within the political agendas of most international and national fora. The Commonwealth Heads of Government Meeting held in Malta in 2005 emphasised this relationship in an explicit declaration mandating initiatives to counter the Digital Divide. Legal and regulatory infrastructures are recognised as a crucial component and enabler in the Internet economy. A plethora of issues need to be addressed by both developing and developed countries, spanning areas such as: the commercial environment, data-protection and freedom of information, regulation of the telecommunications sector and competition law, and governance of the Internet with focus on cybercrime and cybersecurity. DiploFoundation has been active in capacity building initiatives related to Internet governance and digital policy for many years. Through its many initiatives, Diplo acts on all levels, from local to global, and works together with many other stakeholders to ensure long-lasting capacity improvement in the sector. In September 2015, Diplo will present the 9th edition of the intensive pan-commonwealth workshop, on Legal Instruments of the Digital Economy, on behalf of the Government of Malta and in association with the Commonwealth Secretariat. Course Objectives The workshop on Legal Instruments for the Internet Economy aims to:

3 Sensitise policy-makers and senior public service officials to a comprehensive range of legislative and regulatory issues that need to be addressed for a sustainable and robust Internet economy in line with the principles of Good Governance. Illustrate different approaches taken and experiences gleaned through the adoption of model laws, regulatory mechanisms, and other frameworks; Provide an understanding of emerging issues and contemporary international dialogue on issues such as e-commerce, cybercrime, privacy, and IPR; Integrate analytical discussions and knowledge-exchange during each session; Discuss barriers and solutions, and next steps for implementing theory into practice; Summarise the lessons learned, provide additional resources, and facilitate long-term discussions on the various legal and regulatory issues among the delegates; Facilitate policy immersion of delegates within the wider community of digital policy and Internet governance professionals, and encourage continuity through long-term networking among the participants, facilitators, and community. Dates, Venue & Organisation The training will take place in Malta on 14th 19th September It is being organised by DiploFoundation, and is sponsored by the Government of Malta and the Commonwealth Fund for Technical Cooperation (CFTC). Target Participants The training course is intended primarily for professionals holding senior / middle management positions related to ICT/Telecoms Regulation from legal policy as well as operational departments. Language of Instruction The course will be conducted in English, and all participants are expected to have a good working knowledge of the English language. Resources & Methodology Resource-persons will be drawn from Malta, the Commonwealth Secretariat and internationally. Lectures, group-work, case-studies and guest-speaker presentations will be employed. In addition, knowledge-sharing and delegate-networking will be encouraged throughout the workshop. Delegates will be provided with workshop content as a knowledge resource after the workshop Certificates Participants who complete the entire training programme will be presented with a certificate jointly issued by the Commonwealth Secretariat, DiploFoundation, Ministry of Foreign Affairs, Government of Malta, and the Commonwealth Fund for Technical Co-operation. DRAFT PROGRAMME

4 The draft programme for the workshop Legal Instruments for the Digital Economy is as follows: Day 1 Monday 14th September Session 1.1 Opening, participant introductions; followed by event at the Ministry for Foreign Affairs of Malta 9:00 12:00 The workshop starts with registrations and introductions at the workshop venue. This is followed by an event at the Ministry of Foreign Affairs in Valletta, Malta, with a keynote address by the Foreign Minister (or representative), and a talk/presentation on Legal and Policy Changes for the Digital Era. Session 1.2 Introduction to legal and regulatory frameworks, participant presentations 14:00 17:30 Moderator to provide an overview of the legal and regulatory frameworks and issues, and discuss why regulation is needed, and what the legal and regulatory process consists of. To briefly introduce the various sessions forming part of the workshop as building blocks. Participants to provide a 10-minute overview of the main challenges facing each of their countries, and to discuss common legal and regulatory challenges (discussion to be moderated). Day 2 Tuesday 15th September Session 2.1 Internet governance 9:30 13:00 Internet governance is becoming a critical issue for the Internet economy, not least for stakeholders involved in legal aspects. In particular, legal and regulatory aspects permeate across the various issues, ranging from infrastructure to human rights aspects, from social cultural to security issues. Categorising the issues into baskets allows for a more structured understanding of the issues themselves, and the multifaceted legal aspects that are embedded in each. The session will provide an overview of the seven baskets of digital policy, and the legal and regulatory aspects tied to each basket, followed by a discussion on the fora and processes that give rise to new developments. Session 2.2 Intellectual Property Rights 14:00 17:30 Intellectual property rights are said to be the economy s engine for innovation and growth; yet, the Internet era has brought about various challenges, including illegal downloading, liability of Internet intermediaries, domain name disputes, and enforcement of rights. The session will focus on the current challenges to traditional copyright regimes in the light of existing legal frameworks related to IPR. The session will also tackle questions such as, how can prohibitive practices be tackled from a legal and regulatory perspective? What lies in store for IPR, and what is the role of open innovation, among other alternatives to traditional (proprietary) business models? Day 3 Wednesday 16th September

5 3.1 Site visit to the Malta Information Technology Agency (MITA) 9:00 12:00 MITA is the ICT service provider to the Government of Malta, and is the central driver of the Government s ICT policy, programmes and initiatives in Malta. The aim of the site visit is for participants to gain first-hand insights into Malta s experience, including the setting up of an ambitious ICT Strategy, and to learn how Malta is tackling technological developments such as electronic IDs and signatures. The site visit includes a tour of the state-of-the-art data centre. Session 3.2 Privacy and data protection 14:00 17:30 Privacy and data protection have been catapulted to the forefront following the recent revelations of surveillance programs. The result is a decline in the levels of users trust, and raised concerns over the protection of personal data, including data retention rules. How can trust be restored, and how can privacy and security be balanced better? The session will tackle the obligations of states and the rights of users vis-a-vis existing privacy legislation, including proposed frameworks such as the new EU data protection regime and its impact on European and non- European countries. The session will also discuss the recent judgment on the right to be forgotten. A representative from the Office of Data Protection in Malta will be invited. Day 4 Thursday 17th September Session 4.1 Jurisdiction and dispute resolution 9:30 13:00 Jurisdiction is one of the most controversial legal aspects, as it gives rise to many conflicts and challenges, yet remains an essential legal mechanism. Applied to the online world, the traditional concepts are further challenged, given that the Internet transcends geographical boundaries. New issues emerge, including the localisation of users, increasing legal uncertainty due to a rise in conflict of laws, and the need for new procedures and enforcement mechanisms. The session will tackle the main jurisdiction challenges posed by the Internet, and will discuss online enforcement mechanisms and forms of mutual legal assistance. The session will also explore the impact on related issues, including transparency, privacy, and freedom of expression. Session 4.2 Infrastructure & telecommunications 14:30 17:30 The way in which the telecommunications sector is regulated has an impact on many areas, including its further development. Countries in which the market has been liberalised have seen several advantages. The regulator plays a crucial role in ensuring that the benefits are reaped, and harnessing innovation. The session will focus on the role of the regulator, the local experience in liberalising the market of a small country, and aspects and challenges involved in operating in small and emerging markets. Day 5 Friday 18th September Cybercrime & cybersecurity

6 09:30 13:00 Cybersecurity Lab: Cyberspace has become an extension of the offline world, but while modern society is increasingly dependent on the Internet for the infrastructural, financial, security, education, health and many other sectors, so have the security risks increased. The session will map the main risks from cyberspace and cybersecurity issues, and will focus on cybersecurity in practice: How are attacks carried out, and how many attacks are carried out in real-time? What is the Darknet, and what does it host? Participants will be able to understand the main issues and challenges through live demonstrations. This will be followed by an overview of the main cybercrime incidents that have taken place in the past few years. 14:00 17:30 The session will look at the main international frameworks related to cybercrime and international peace and security in cyberspace, with a focus on law enforcement and emerging threats, and will tackle issues including: the threats which governments and users are facing; the challenges to international cooperation; and the ways in which capacity-building can improve a country s ability to overcome its challenges. From 19:00: Cultural programme and dinner Day 6 Saturday 19th September Conclusions 09:30 12:00 The final session will be dedicated to wrap-up and feedback. Participants will be asked to describe the lessons learned, and provide feedback and the workshop and topics covered in each building block. Time permitting, the session will include a discussion on the future of Internet Law. The workshop will end with a group photo and presentation of certificates. Disclaimer The organiser reserves the right to change the course content at its discretion, or to cancel the course entirely should there be an insufficient number of participants. SPONSORSHIP INFORMATION Selected applicants will be provided with a scholarship funded by the Malta Commonwealth Third Country Training Programme and the Commonwealth Fund for Technical Cooperation. The scholarship will cover the following costs: Participant training course fees. Accommodation for up to 7 nights; breakfast, lunch (course days only) at the designated course venue; and local transport.

7 Sponsored applicants will also receive daily subsistence allowance of 20 Euros for up to seven day period. The Government of Malta, the Commonwealth Fund for Technical Cooperation or DiploFoundation will not cover any additional costs. Participants, their employers, and / or nominating ministries will be responsible for any additional costs, including: Travel to and from Malta. Fees and arrangements for visas to enter Malta. Accommodation and living expenses for days that exceed dates contractually agreed by The Commonwealth. APPLICATIONS AND NOMINATIONS In order to qualify for sponsorship, applicants must be nominated by the employing department / ministry / organisation. Applicants are expected to hold the relevant entry documentation. Prospective participants are advised to apply for a Schengen Visa through their respective foreign office as soon as they receive confirmation of their place on the training course. Note that it can take up to six weeks to secure a visa. To apply for sponsorship, nominated applicants must complete the attached application form which is also available from the Commonwealth Secretariat s Public Sector Governance Unit or on the Commonwealth website www. thecommonwealth.org/mctctp, and send it to all of the following: 1) Commonwealth Secretariat, Public Service Governance Unit, through: Ms. Victoria Cabral Programme Officer v.cabral@commonwealth.int Tel: ) Institution Director Dr Jovan Kurbalija, DiploFoundation, through: Dr Stephanie Borg Psaila IG Coordinator, DiploFoundation Ground Floor, Anutruf, Hriereb Street, Msida, MSD1675, Malta Tel: / Fax: stephaniep@diplomacy.edu Application Deadline: 10 July 2015

8 APPLICATION REVIEW & RESPONSE Applications must be received by 10 July They will be assessed by DiploFoundation together with a representative of the Malta Ministry of Foreign Affairs, in consultation with the Commonwealth Secretariat. COURSE ORGANISERS DiploFoundation DiploFoundation was established in 2002 by the governments of Malta and Switzerland and has offices in Msida, Malta; Geneva, Switzerland; and Belgrade, Serbia. In June 2006, Diplo was granted Special Consultative Status with the UN Economic and Social Council (ECOSOC). Diplo works to increase the power of small and developing states to influence their own futures and development, increase international accountability and inclusivity, increase the legitimacy of international policy-making, and improve global governance and international policy development. Diplo s main activities are: Capacity development: Diplo s capacity development support begins with individuals, but through the activities of these individuals, the impact reaches into the larger systems of which they and their organisations are a part. Diplo s approach includes online training, policy research, policy immersion, and the development of communities of practice, combined in various ways, as appropriate to each policy context. Capacity development topics include Internet Governance, E-diplomacy, Public Diplomacy, Humanitarian Diplomacy, and Global Health Diplomacy. Events: In order to deal with pressing issues in global governance, Diplo s events bring together people from different perspectives, including diplomats, business professionals, and members of civil society. Diplo works to make its events more accessible through e-tools that support remote participation. Its events often evolve into teaching activities, publications, or online interaction. Courses: Diplo offers postgraduate-level academic courses and training workshops on a variety of diplomacy-related topics for diplomats, civil servants, staff of international organisations and NGOs, and students of international relations. Combining a highly developed learning methodology with our unique online learning platform, our courses are flexible, personal, interactive, and community building. Courses are delivered online, face-to-face, and in a blended format. Research: Diplo addresses the limitations of existing policy research through Internet-based techniques including crowd-sourcing, trend analysis, and collaborative research. Topics include diplomacy, Internet governance, and online learning. Publications: Diplo s publications range from the examination of contemporary developments in diplomacy to new analyses of its traditional aspects. Many of its publications are available online as well as in print format, and some have been translated into several languages.

9 COURSE SPONSORS The Commonwealth The Commonwealth is a voluntary association of 53 independent and equal sovereign states. It is home to 2.2 billion citizens, of which over 60% are under the age of 30. The Commonwealth includes some of the world s largest, smallest, richest and poorest countries, spanning five regions. Thirty-one of its members are small states, many of them island nations. Commonwealth countries are supported by an active network of more than 80 intergovernmental, civil society, cultural and professional organisations. The Commonwealth Secretariat provides guidance on policy making, technical assistance and advisory services to Commonwealth member countries. We support governments to help achieve sustainable, inclusive and equitable development. Our work promotes democracy, rule of law, human rights, good governance and social and economic development. We are a voice for small states and a champion for youth empowerment. Priority areas of work are agreed at Commonwealth Heads of Government Meetings, which occur every two years. The next summit is in Malta in Our guiding principles are contained in the Commonwealth Charter - See more at: Ministry of Foreign Affairs, Government of Malta The Malta Co-operation Programme of the Ministry of Foreign Affairs of the Maltese Government provides the means for Maltese professionals to share their experience and skills with participants from developing countries and small states with limited human resources. Having attained a high degree of competence in human resources over the years, and fully supportive of the Commonwealth s efforts in the field of development training, Malta has embarked on the Third Country Training Programme. Under this scheme, specialized training has been delivered in the fields of information technology, banking and finance in small states, competitiveness for small states, port management, insurance management and diplomacy. The Malta-Commonwealth Third Country Training Programme marks the transition from technical assistance to mutual co-operation between Malta and its Commonwealth partners. This programme is jointly funded and administered by the Ministry of Foreign Affairs and the Commonwealth Secretariat, and was established in 1995 with the objective of training senior to middle level personnel from developing countries of the Commonwealth. TRAVEL AND ACCOMMODATION Accommodation All sponsored participants will be accommodated on a bed-and-breakfast basis, with lunches provided on workshop days at the designated course venue and 20 Euros per day to cover dinner costs. Please

10 specify on the application form whether you have any particular access, dietary, or other special requirements. Flights Travel to and from Malta is the responsibility of the training participants, their employers, and/or nominating ministries. Airport transfers Participants are requested to provide DiploFoundation with their flight details to and from Malta as early as possible, so that airport transfers may be arranged. Participants will be met at the airport with a sign displaying either their name or Institution name. Please send your flight details to: Dr Stephanie Borg Psaila IG Coordinator, DiploFoundation Ground Floor, Anutruf, Hriereb Street, Msida, MSD1675, Malta Tel: / Fax: stephaniep@diplomacy.edu Insurance In order to qualify for a visa, participants are required to arrange adequate overseas travel, accident, and health insurance before departing for Malta to cover them during their stay. The organisers cannot be responsible for any medical or other emergency expenses which may arise during the participant s stay in Malta. Visas Visa fees and arrangements are the sole responsibility of training participants, their employers, and/or nominating ministries. Malta forms part of the Schengen area and follows the Schengen Convention s common rules of entry that apply to all Member States. Participants are advised to check their visa requirements through and apply for the required visa as early as possible after receiving confirmation of their place on the training course. Participants who intend to stop over in a third country on their way to Malta are also advised to obtain the required transit visa/s before leaving their country of origin. LOGISTICS WHILE IN MALTA Geography

11 Malta is the largest of the Maltese Islands, which are located in the middle of the Mediterranean Sea, about 100km south of Sicily and 300km off North Africa. Its total area is 320 km 2 and the total number of inhabitants is around , of whom about 10% live on the island of Gozo. Climate The climate is typically Mediterranean, with hot, dry summers, warm and sporadically wet autumns, and short, cool winters with adequate rainfall. The average temperature in September is around 28º C during the day and 22º C at night. Currency Malta s currency is the euro ( ) which is divided into 100 cents. At the time of printing of this brochure, the exchange rate is approximately US$1.09 to the euro. Language The official languages of Malta are Maltese and English. Most Maltese speak English, and Italian is also widely spoken. Customs Personal belongings and clothing intended for own use are not liable to duty. The duty free allowance for adults is 200 cigarettes, one litre each of spirits and wine, and a reasonable quantity of perfume. Banks Banks are usually open from 08:30 to 13:30 hrs, Monday to Friday and till 12:30 hrs on Saturday. Foreign exchange facilities are also available round the clock at Malta International Airport and at a number of automated teller machines situated in the major commercial and touristic areas. Major credit cards are accepted by most hotels and restaurants as well as by a good number of retail outlets. Shopping Shops are usually open between 09:00 and 19:00 hrs, with a lunch break between 13:00 hrs and 16:00 hrs. In commercial areas frequented by tourists, however, most shops remain open until around 22:00 hrs. Shops are not open on Sundays and public holidays. Major credit cards, travellers cheques and euro cheques are accepted at most leading shops and restaurants. Restaurants There is a wide variety of restaurants in Sliema, St Julians, Valletta, and other tourist areas, ranging from fast-food outlets to modestly priced and more expensive restaurants. Food in Malta is often influenced by Italian cuisine, but there are quite a few restaurants which serve oriental food. Public transport Malta s public transport system offers a cheap and efficient way of touring the country. Malta Public Transport is the company set up in 2014 to operate the bus services in Malta and Gozo. Bus services on the Maltese islands generally operate daily between 05:30 and 23:00hrs. The longest bus journey takes about fifty minutes, while the average ride is between 20 and 30 minutes. Visit for more information. Medical care

12 Malta enjoys a high level of medical care, and there are several public and private hospitals and clinics on the islands. Electricity The electrical supply is 240 volts, single phase, 50 cycles. The 13 amp, three-pin rectangular sockets are used in Malta (UK style). Kindly remember to bring along an appropriate adaptor for your appliances. For further information about your stay in Malta, please contact: Dr Stephanie Borg Psaila IG Coordinator, DiploFoundation Ground Floor, Anutruf, Hriereb Street, Msida, MSD1675, Malta Tel: / Fax: stephaniep@diplomacy.edu