(SI1003 Introduction to Cyber Ethics and Law) Kebijakan dan Regulasi... · 2008-11-19 · Etika dan Hukum Cyber/Telematika (SI1003 Introduction to Cyber Ethics and Law) ... Ruang

Etika dan Hukum Cyber/Telematika(SI1003 Introduction to Cyber Ethics and Law)

Perkuliahan ke – 4

Kebijakan Cyber dan Governance

Dosen:Ir. Mas Wigrantoro Roes Setiyadi SE, MSi, MPPTanggal: 8 Mei 2006

18/11/2008 MasWig-Magister Komputer-UBL 2

Net Governance Map


Telematika dan Governance


Ruang Lingkup IT & Governance

IT & Governance

IT for Govervance

IT Governance

Public Sectors

Private Sectors

Public

Governance

Corporate

Governance

IT ScoreCard


Hubungan IT Governance dan IT for Governance

IT merupakan bagian integral dari IT merupakan bagian integral dari

organisasiorganisasi

IT governance merupakan bagian IT governance merupakan bagian

integral dari corporate dan public integral dari corporate dan public

governancegovernance


Implikasi Sosial, Ekonomi, dan Kebijakan

1. Pemahaman mengenai Internet bervariatif namun masih relatif terbatas.

2. Sollow paradox (1985): ICT investments increase but the productivity stays flat.

3. Smith (1972): cable TV services as innovation to provide electronic communication highway.

4. Weicklin (1979) menganggap interactive TV sebagai “electronic nightmare that invaded personal privacy”.

5. Gore (1991): ICT is to realize “global village”

6. Hammer & Champy (1993): ICT is the tools for managers to reinvent government and re-engineer business

7. Slouka (1995): while Internet creates a virtual society, concurrently it would undermine the cohesion of real communities, destroy jobs, and fail to achieve the promise.

8. Ravich (2000): “it is clear that technology leads to social, politics, economic, and policy changes.”


International ICT Policy Issues

� Broadband

� Consumer Protection

� Cultural Diversity

� Cybercrime

� Digital Copyright

� Digital Divide

� Dispute Resolution

� Domain Names

� E-Banking/E-Finance

� E-Contracting

� E-Taxation

� Electronic ID

� Free Speech/Public Moral

� IP-based Networks/IPv6

� Market Access

� Money Laundering

� Network Security

� Privacy

� Standard Seting

� Spam

� Wireless


Relasi Antara IT & Governance

IT

Governance

Efisien

EfektifTaat azas

Participatory

Sustainable

Legitimate

Equity

Equality

Respect, Trust, Accountable

Enabling

Transparan

Responsif

Desentralistis

Demokratis

Profesional Kompeten

partisipasi masyarakat

Kemitraan

Supremasi Hukum

Pro pasar

lingkungan hidup

Inovasi

Keunggulan bersaing

Pertumbuhan

Fisilitator

Available 24/7

Akses Global

Informasi

Akurat

Otomatisasi

Less Transaction Cost

Customer Satisfaction

Alat manajemen

Tanggung jawab


ICT Regulation and Public Policy

Universal servicesPublic facilitiesPublic informationUnrestricted useTechnique to prevent hackingAll channel open access

Service to target marketPrivate facilitiesPrivate, proprietaryCopy rightSecurity of recordsScreening information

User / consumer

CompetitionIncreasing bandwidthNo restrictionsLoosening restrictionsFree tradeOpen governmentFreedom of expressionSurveillanceOpen standard

MonopolySpectrum allocationCross-ownershipForeign OwnershipTrade quotasSecrecyCensorshipPrivacyProprietary Standard

Provider / producer

FacilitatingConstrainingFocus of policy and regulation


Correlation between Internet Penetration and Various Factors

.61**.62**.64**.63**Political stability

-.38-.38-.22-.15Political freedom

.97**.95**.93**.84**Telecom

-.13-.02.17.19English level

.83**.82**.81**.74**Urbanization

.45*.45*.40.36Literacy

.92**.92**.91**.86**GDP per capita

Rate 2002Rate 2000Rate 1998Rate 1995Variable

* Correlation is significant at the .05 level (2–tailed).** Correlation is significant at the .01 level (2–tailed)

Source: Hao XiaoMing, 2003


Potential Results

� achievement of more effective economy and increase of production productivity;

� emerging new export opportunities; program products exporting and providing ICT service;

� providing farmers with the information on agricultural products sale market and weather forecasts;

� creating primary consulting medical assistance;

� improving cooperation between government, local communities and private sector in the region;

� and improving service quality provided by the government to citizens.


Role of ICT National Strategy

� Another role of ICT National Strategy is to solve the problem of growing “Digital Division” between industrially developed and developing countries, and within the country between the city and its suburbs.


Needs of ICT Development

� Access to the network (access possibility, cost and quality of ICT network, service and equipment).

� Government management in the Informative Century (Electronic Government)

� Information technologies Training (ICT integration into the school curriculum, training programs for potential ICT specialists)

� Informative society (how society can use ICT for its needs, citizens access to information)

� Network Economy Development (how businesses make use of ICT, partnership between business, government and civil society)

� ICT Policy (creating favorable environment for the informative society)


Purposes and Objectives of the National Strategy of ICT Development

Purpose

� satisfaction of growing needs in information, communications services and rapid development of the national infocommunication infrastructure;

� delivery of accessible communication services in all population areas;

� increase of effectiveness in usage of ICT infrastructure and investment attraction of the branch


Purposes and Objectives of the National Strategy of ICT Development

Objective

� democracy development;

� building of a competitive economy;

� integration into the world information community;

� overcoming of digital divide;

� development of human resources and perseverance of cultural heritage;

� development of legal basis of information society.


Requiring Resolutions

� perfection of public regulation mechanism, directed at the ICT market development;

� creating conditions for effective work and providing equal rights for communications operators;

� further development of competitive environment in communications services market;

� increasing investment attraction of ICT branch;

� development and introduction of ICT.


Main Principles Of Public Policy

� Policy openness – all main events of information policy are openly discussed by society and the state takes into account public opinion;

� Accessibility – everyone has a right to appeal to state departments, public organizations, private and other structures on issues, affecting its main rights and freedoms, and receiving inquired information from them;

� System – when implementing decisions made on changing the state of one of the objects of regulation they should take into account its consequences for the state of other objects in aggregate;

� Social orientation – main activities of state information policy aimed at provision of social interests of citizens;

� State support of socially oriented programs in ICT sphere – activities of information policy, aimed at development of social sphere are considered to be of priority in financing;

� Equality of information activity participants – the state proceeds from the principle of absolute legal equality of all information interaction participants not depending on political, social and economic status;

� Priority of the law – all participants of information & communication legal relations have a right and responsibility to precisely and steadily realize (execute, use, observe and apply) norms of information legislation


Main Principles Of “Electronic Government”

� openness of normative acts development work;

� transparency of the budget process;

� openness of procedures and results of government procurements;

� openness of government property management;

� openness of monitoring – inspection activity of the government;

� openness and accessibility to statistic information


Purposes Of State Information Policy In Development Of ICT Infrastructure

� guaranteed provision special state structures, responsible for protection of order and national security of the country, with communication channels;

� provision of access opportunity for population, private, non-government and state organizations to information and telecommunication services;

� making private business a main leading force on development of information-communication infrastructure of the Kyrgyz Republic;

� development of a new model for internal information-communication infrastructure of the republic, supporting both traditional technologies and network technologies of new generation;

� increasing number of international information main lines for integration of national infrastructure into Global information infrastructure and establishment of powerful transit information-transport units in the country.


Broadband

� the capacity to transmit large quantities of electronic signals (including data, video, text and voice) rapidly.

� broadband is at the heart of the convergence of telecommunication, information technology and broadcasting.

� several technologies and media may be used to provide broadband services. There may be competition between: networks (e.g., telephony and cable TV); media (copper, fibre optic, satellite, terrestrial microwave, or a hybrid of these).

� issues such as cross-media competition, access to networks, and technology-neutral regulation place broadband at the canter of divergent policy and regulatory debates.


OECD's Recommendation on Broadband Development

• Effective competition and continued liberalization in infrastructure, network services...

• Policies that encourage investment in new technological infrastructure, content and applications in order to ensure wide take-up.

• Technologically neutral policy and regulation among competing and developing technologies to encourage interoperability, innovation and expand[ed] choice...

• Recognition of the primary role of the private sector in the expansion of coverage and the use of broadband, with complementary governmentinitiatives that take care not to distort the market...

• Policies that promote access on fair terms and at competitive prices to all communities, irrespective of location, in order to realize the full benefits of broadband services...

• Regulatory frameworks that balance the interests of suppliers and users, in areas such as the protection of intellectual property rights and digital rights management, without disadvantaging innovative e-business models.


Consumer Protection In the Context of E-Commerce

� to help ensure that consumers are no less protected when shopping online than they are when they buy from their local store or order from a catalogue

� to encourage fair business, advertising and marketing practices; clear information about an online business's identity, the goods or services it offers and the terms and conditions of any transaction; a transparent process for the confirmation of transactions; secure payment mechanisms; fair, timely and affordable dispute resolution and redress; privacy protection; and consumer and business

education.


OECD's Guidelines for Protecting Consumers from Fraudulent and Deceptive Commercial Practices Across Borders

The OECD Guidelines for Protecting Consumers from Fraudulent and Deceptive Commercial Practices Across Borders set forth broad principles for international co-operation and specific provisions covering notification, information sharing, and assistance with investigations. They also cover issues regarding the authority of consumer protection enforcement agencies, invite private-sector co-operation, and set the stage for future work on the issue of consumer redress.


OECD's Ministerial Declaration on Consumer Protection in the Context of E-Commerce

• reviewing and adapting laws and practices, if necessary, to address the special circumstances of electronic commerce;

• supporting and encouraging the development of effective market-driven self-regulatory mechanisms that include input from consumer representatives, and contain specific, substantive rules for dispute resolution and compliance mechanisms;

• encouraging the development of technology also as a tool to protect consumers;

• taking steps to educate users, fostering informed decision-making by consumers participating in electronic commerce, and increasing business awareness of the consumer protection framework that applies to their online activities; and

• increasing awareness among judicial and law enforcement officials of the need for effective international co-operation to protect consumers and combat cross-border fraudulent, misleading and unfair commercial conduct.


UNESCO’ Recommendation on Cultural Diversity

� Recommendation on the Promotion and Use of Multilingualism and Universal Access to Cyberspace identifies four points for attention so that the greatest number of people may profit from the potential of information and communications technology (ICT):

– Development and promotion of multilingual content and

systems;

– Access to networks and service;

– Development of public domain content; and

– Reaffirming and promoting the fair balance between the

interests of rights-holders and the public interest.


Inpres 6/2001

� meniadakan hambatan pertukaran informasi.

� meningkatkan ketersediaan informasi dan pelayanan publik.

� memperbesar peluang UKM berkembang (dengan ICT mampu menjangkau pasar yang lebih luas).

� meningkatkan produktivitas, efisiensi, dan kemampuan inovasi.

� meningkatkan transparansi dan memperbaiki efisiensi pelayanan publik.

� memperlancar interaksi antar lembaga-lembaga pemerintah.

(SI1003 Introduction to Cyber Ethics and Law) Kebijakan dan Regulasi... · 2008-11-19 · Etika dan Hukum Cyber/Telematika (SI1003 Introduction to Cyber Ethics and Law) ... Ruang

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