Information Document

SG/Inf(2014) 7

12 February 20141

The Council of Europe Strategy on Internet Governance (2012-2015)

Mid-Term Report by the Secretary General of the Council of Europe

Document prepared by the Information Society Department, Directorate General of Human Rights and Rule of Law (DGI)

Executive summary

Since the adoption of the Internet Governance Strategy in March 2012, the Internet continues to increase its presence in the everyday lives of citizens. More people use the Internet for obtaining and disseminating information, pursuing educational aims, participating in cultural life, venturing into business, and interacting with government than ever before.

The Internet Governance Strategy 2012-2015 is a strategic response of the Council of Europe to focus action on promoting its core values online amidst a complex myriad of state and non-state actors which co-govern/contribute to governing and shaping the Internet. The mid-term report highlights a selection of Council of Europe achievements over the last two years and looks ahead to planned action for the next two.

The Council of Europe is also reinforcing its support and work in practice for multi-stakeholder dialogue on Internet governance. In this connection, the Organisation is very active in different international fora, including the European Dialogue on Internet Governance (EuroDIG), the UN-led Internet Governance Forum (IGF), and the Internet Corporation for Assigned Names and Numbers (ICANN). These dialogue platforms extend considerably the global reach of the Organisation’s core values. A notable example of this is the Secretary General’s participation in the ICANN High Level Panel on Global Internet Cooperation and Governance Mechanisms, which is providing global orientation on how to protect the Internet, in particular to ensure that it is not prone to attack, mismanagement and manipulation.

Introduction

1. On 14 March 2012 at its 1137th meeting2 the Deputies:

    - Adopted the Council of Europe Strategy 2012-2015 on Internet Governance
    - Invited their Thematic Co-ordinator on Information Policy (TC-INF) to follow closely the Strategy;
    - Invited the Secretary General to provide them with a mid-term report on the Strategy by 31 January 2014.

2. The Internet has become an essential tool for many people in their everyday lives. It is imperative that people be able to use the Internet with freedom and confidence. The most effective way to achieve this is through the promotion and respect of the Council of Europe’s core values on the Internet with regard to its use and governance.

3. An open, inclusive, safe and enabling environment must go hand in hand with a maximum of rights and services subject to a minimum of restrictions and a level of security which users are entitled to expect. Freedom of expression and information regardless of frontiers is an overarching requirement. It acts as a catalyst for the exercise of other rights. It is also essential to address threats to the rule of law, privacy, security and dignity.

4. The Council of Europe fully supports the multi-stakeholder model of Internet governance which ensures that the Internet remains universal, open and innovative, and continues to serve the interests of users throughout the world.

Aims and objectives of the Strategy

5. The strategy identifies priorities and sets goals for the period 2012-2015 to advance the protection of and respect for human rights, the rule of law and democracy on the Internet. Its main objectives are:

    - protecting the Internet’s universality, integrity and openness;
    - maximising rights and freedoms for Internet users,
    - advancing data protection and privacy,
    - enhancing the rule of law and effective co-operation against cybercrime,
    - maximising the Internet’s potential to promote democracy and cultural diversity,
    - protecting and empowering children and young people.

6. The implementation of the strategy started during the 2012-2013 biennial budget cycle and will continue throughout the second (2014-2015), focussing on the delivery of appropriate legal and political instruments and other tools, such as industry guidelines and manuals, through relevant bodies and actors of the Council of Europe (steering committees, groups of experts, monitoring bodies, commissions, etc.), as well as through co-operation arrangements between governments, the private sector, civil society and relevant technical communities.

7. The Steering Committee on Media and Information Society (CDMSI) is mandated to oversee the implementation of the Strategy, focusing on the right to freedom of expression on the Internet and the right to impart and receive information regardless of frontiers. At each of its meetings, it receives reports from the Secretariat about progress and challenges regarding the Strategy. It has stressed the need to conduct a risk analysis to facilitate its implementation. Implementation is also facilitated by an inter-secretariat Task Force, created in May 2010, to exchange information and to coordinate activities.

8. Under the Austrian Chairmanship of the Committee of Ministers (November 2013 – May 2014) a high-level conference “Shaping the Digital Environment – Ensuring our rights on the Internet” will be held in Graz on 13 – 14 March 2014. In addition to debating current Internet governance issues, the conference will suggest priorities for the last two years of the current Council of Europe Internet Governance Strategy and look at emerging priorities and upcoming issues to be tackled by future Internet Governance Strategies.

Achievements of the first biennium 2012-2013

Data protection

9. Convention 108’s accession by Uruguay (entry into force on 1 August 2013) and ratification by the Russian Federation (entry into force on 1 September 2013), along with the invitation by the Committee of Ministers to the Kingdom of Morocco to its accession, demonstrates its relevance and importance as a global baseline for state and non-state actors. This has been reinforced by the European Commission’s recommendation to the United States to accede to Convention 108 as a means of re-building trust in trans-Atlantic data flows.

Surveillance

10. The Committee of Ministers Declaration on Risks to Fundamental Rights stemming from Digital Tracking and other Surveillance Technologies was adopted, in July 2013, when the revelations about surveillance started. This was an important and timely signal by the member States, which set the scene for initiatives by the Parliamentary Assembly of the Council of Europe (PACE) on massive eavesdropping and by the Ministers responsible for media and information society in their Resolution on Internet freedom (Belgrade, 7-8 November 2013). The PACE voiced its concerns about massive surveillance by secret services in the context of national security in its Resolution 1954(2013) of 2 October 2013 on National Security and access to information.3

Maximising rights and freedoms online

11. In 2012 the Committee of Ministers adopted Recommendation CM/Rec(2012)3 on the protection of human rights with regard to search engines and Recommendation CM/Rec(2012)4 on the protection of human rights with regard to social networking services. These recommendations provide guidance to member States on measures to protect freedom of expression, the right to private life and data protection, and children’s rights in relation to these Internet operators. The CDMSI has finalised its proposal for a Committee of Ministers’ recommendation on a Guide on human rights for Internet users. This guide aims at raising users’ awareness of their human rights and fundamental freedoms online, in particular their freedom of expression, freedom of assembly and association, the right to education, the protection of personal data, the protection and empowerment of children and the right to an effective remedy. It will serve as a blueprint for state and non-state actors alike to help users exercise and guarantee their rights and freedoms online. To achieve the purpose of helping users understand their rights, the guide adopts simple and direct language.

Internet intermediaries

12. The PACE looked at the issue of responsibility of intermediaries for the functioning of the Internet, and that of the online media for freedom of expression and information. It recommended that the Committee of Ministers develops guidelines on domestic jurisdiction over, and the legal and corporate responsibility of, private companies which are intermediaries for ICT-based media (Recommendation 1998 (2012) of 25 April 2012 on the protection of freedom of expression and information on the Internet and online media).

Cybercrime

13. In 2012/13, the reach of the Budapest Convention on Cybercrime was extended with nine new Parties, including Australia, Dominican Republic, Japan and Mauritius as non-European countries. Colombia, Israel, Morocco, Panama and Senegal have been invited to accede to this treaty. Thus, 62 States currently participate in the Cybercrime Convention Committee (T-CY) as members or observers. Assessing the implementation of this treaty is now a primary function of the T-CY. The
T-CY began to issue Guidance Notes to help Parties address new cybercrime phenomena through the existing provisions of the Budapest Convention. The T-CY undertook important work on transborder access to data. Technical co-operation activities involved more than 100 countries worldwide and contributed to greater harmonisation of cybercrime legislation worldwide as well as the strengthening of criminal justice capacities through training and institution building. Some capacity building projects were successfully completed in 2013 and new ones were launched, including the joint project Global Action on Cybercrime (GLACY). The decision of the Committee of Ministers in October 2013 – following the offer by the Government of Romania – to establish a Cybercrime Programme Office of the Council of Europe (C-PROC) in Bucharest will provide the Council of Europe with the necessary infrastructure to further expand its capacity building activities.

14. In 2012 the Pompidou Group organised a high-level conference examining opportunities in cyber space to reduce the demand and supply of illicit drugs. In this context the dimensions of the rapidly increasing challenge of illegal drug sales and deliveries through encrypted internet platforms (‘darknet’) and drug money transfers with virtual currency (‘bitcoins’) were brought to the attention of a wider group of policy makers. As a follow-up the Pompidou Group set up an expert group on drug-related cybercrime. This group will bring together specialists from law enforcement (customs, police, computer crime specialists) and the private sector, notably IT companies and Internet providers, as well as international courier services, to develop effective responses curbing drug sales and deliveries through encrypted Internet platforms and drug trafficking through the use of courier and mail services.

Money-laundering

15. There was progress in the fight against money laundering. In 2012, the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) adopted and published4 its typology report on Criminal money flows on the Internet: methods, trends and multi-stakeholder counteraction. In 2013, it also adopted a Typologies report5 on the use of online gambling for money laundering and the financing of terrorism.

Democracy in the digital age

16. The World Forum for Democracy “Rewiring democracy – connecting institutions and citizens in the digital age”, held in Strasbourg on 27-29 November 2013, addressed the impact of digital communication technology on democratic institutions and processes. Increased access to government data and online tools for mobilisation, and crowdsourcing, are providing new opportunities for citizen participation in law- and policy-making. However, these opportunities are still experimental rather than mainstream.  In order to realise the potential of e-democracy, the Forum concluded, it is essential to:

    · encourage/promote change in political parties to enable greater openness, transparency, accountability and responsiveness to grassroots input, including by exploiting e-initiatives,
    · ensure that e-participation schemes are transparent, auditable, and accountable to participants and the wider community, and are in conformity with the highest standards on protection of privacy,
    · improve media literacy to enable citizens to make full use of the opportunities of digital technology for self-empowerment and participation in political processes.

The Council of Europe was encouraged to continue playing a leading role in this field.

Culture

17. Access to the Internet for cultural participation, creation, and dissemination featured prominently in the discussions and outcomes of the 10th Council of Europe Conference of Ministers of Culture6 (Moscow, 15-16 April 2013). In its final conference statement, the Ministers underlined the added value of the Council of Europe as a platform for exchange on the impact of digitisation on citizens’ access to culture in the digital era. A platform, developed by the Steering Committee for Culture, Heritage and Landscape (CDCPP), is scheduled to start in summer 2014.

Media literacy

18. In the framework of the Pestalozzi Programme, the training of education professionals for effective use and incorporation of the online media environment in a responsible, critical and beneficial way started an effective cascading process. The courses, lasting over 18 months, focus on the individual professional contexts of education professionals, demonstrating that empowered and responsible users are the best guarantee for democratic governance of the Internet.

19. The Internet game “Through the Wild Web Woods”7 was produced under the Council of Europe programme “Building a Europe for and with children” and is designed to help 7 to 10 year-olds understand the Internet and acquire the skills to become wise Internet users, to understand the basic concept of human rights, and to learn about their own rights and how to respect the rights of others in an interactive manner. It is also intended to help children to develop sufficient knowledge to be able to protect themselves from violence. Since its launch on-line, more than 4 million children have played the game, had fun and learnt about their rights. The game is currently available in 27 languages.

No Hate Speech

20. A youth campaign for human rights online – the No Hate Speech Movement – was launched to reduce the levels of acceptance of hate speech online, to support the application of human rights on the Internet, and to promote net-citizenship. The campaign is run at national level by the 38 member States which, along with Mexico, have joined the campaign together with many international partners. An active network of online youth activists for human rights has been created with approximately 300 members, of whom 70 bloggers have been trained to support the campaign. A manual to address online hate speech and promote citizenship has been prepared for schools. Partnerships have been developed with more than 20 European partners to support the campaign in various ways, including the support of EEA Norway Grants to projects in 15 member States. Co-operation with social media services (Facebook, Twitter and YouTube) has been developed and online gaming communities have been reached and expertise developed. Hate speech online and net-citizenship have also been addressed at various high level conferences.

Expected results in the second biennium 2014-2015

Freedom of expression and access to information

21. To best safeguard freedom of expression and access to information regardless of frontiers, the CDMSI is preparing new standard-setting instruments on network neutrality, Internet freedom, and on the protection and preservation of the flow of traffic of legal Internet content. It also intends to explore the notion and scope of (state) transparency in Internet governance in order to promote trust and certainty between state and non-state actors, for example with regard to the access and removal of users’ personal data on the Internet.

Guide on human rights for Internet users

22. Subject to adoption by the Committee of Ministers, the Recommendation on the Guide on human rights for Internet users will depend greatly on its implementation by the member States and other stakeholders. Support for its translation, dissemination and discussion at the national level, also in the context of the No Hate Movement, will empower Internet users to exercise their human rights online. A number of organisations have expressed interest in contributing to follow up.

Business and human rights

23. The Steering Committee for Human Rights (CDDH) is drafting a political declaration to support the UN Guiding Principles for the Implementation of the ‘Protect, Respect and Remedy’ Framework adopted by the UN Human Rights Council in 2011. This should engender sector-specific guidance for business and human rights in the context of Internet governance. This will be an important step in enabling the Council of Europe to become a regular platform for exchanges between governments and business, as it was previously through, for example the CDMSI, in the preparation of human rights guidelines for Internet service providers and for online games providers.

Data protection

24. The finalisation of the modernisation of Convention 108 and the update of the Committee of Ministers’ Recommendation on the protection of personal data used for employment purposes are both planned for 2014.

Preventing and combating terrorism

25. As one of its priorities in the period 2014-2015, the Committee of Experts on Terrorism (CODEXTER) will analyse issues related to the Radicalisation and the Receiving of Training for Terrorism, including via the Internet.

Internet Corporation for Assigned Names and Numbers (ICANN)

26. There are different perceptions of how best to preserve the Internet’s universality, openness and integrity, which is coupled with various efforts of governments to protect citizens online. The revelations concerning mass online surveillance have led to widespread public concern about privacy and security. In connection with this, the Secretary General is participating in the ICANN High Level Panel on Global Internet Cooperation and Governance Mechanisms, which will prepare a report to provide global orientation to protect the Internet, in particular to promote Internet stability so that it is not prone to attack, mismanagement and manipulation. The Council of Europe should be prepared to participate in and contribute to other processes likely to shape future Internet governance.

Media literacy

27. As a follow-up to training events of the Pestalozzi Programme in 2013, training and teaching resources will be published, and a stronger online Community of Practice will be developed in 2014.

No Hate speech

28. The No Hate Speech Movement youth campaign for human rights online will be implemented in all member States. Educational manuals and activities for human rights online and Internet governance will reach children and young people in schools.

29. Online hate speech will be reported and actions in support of victims promoted. Examples of successful action against hate speech online will be published. Policy documents to promote awareness of the risks of online hate speech and support education on Internet governance are expected to be adopted by the Parliamentary Assembly and by the Committee of Ministers. Research on online hate speech will be prepared, and guidelines to counter hate speech in online games will be developed. The evaluation of the youth campaign No Hate Speech Movement will result in tangible follow-up measures focusing on education on net-citizenship. Youth policies should pay greater attention to the protection of young people in the online space. Internet governance may become a regular area of work of the Council’s youth policy. The online Hate Speech Watch should be made permanent so as to congregate activities and resources for promoting human rights online. The Guide on human rights for Internet Users will be incorporated into future materials for human rights education with young people. An online European Youth Centre may be created.

30. It is also expected that the Additional Protocol to the Budapest Convention on Cybercrime will be ratified by 5 more member States.

Looking ahead – challenges and next steps

31. There are a significant number of adopted instruments and activities being carried out in the framework of the Internet Governance Strategy and more are planned for 2014-2015. This is good progress.

32. The standard-setting instruments on Internet governance and related implementation and co-operation activities have considerable added value in and beyond the geographical borders of the Council of Europe’s membership. Country and region-specific co-operation activities on Internet governance are increasing.

33. The Council of Europe must continue to adopt, as far as possible, a multi-stakeholder approach to its work, as referred to in paragraph 4 of the Strategy and as underlined in the Committee of Ministers’ Declaration on Internet Governance Principles. The private sector should be engaged more regularly in all aspects of the Organisation’s standard-setting, monitoring and co-operation activities in the field of Internet governance. This engagement and feedback will help make the Council of Europe’s review of the implementation of the Strategy more than just a “ticking the box” exercise of activities carried out.

34. A transversal project on media literacy/ trans-literacy and competences for the digital cultural era, i.e. digital participation in culture, will be run by the Council of Europe, bringing together expertise and resources from the culture, education and media sectors of the Organisation. Linking such a project closely to the Organisation’s Human Rights and Democracy agenda would make it a unique product, fully replying to member States’ expectations for innovation and mainstreaming of Council of Europe action.

Co-operation activities

35. It is essential that the Council of Europe, in its future activities related to Internet governance, focus increasingly on initiating and implementing programmes and projects. This should also be borne in mind when drafting future budgets and programmes

36. In December 2013, the first joint project on co-operation including Internet governance was signed with the European Union as the donor. It aims to promote respect for human rights in Ukraine, in particular the right to freedom of expression and the right to private and family life on the Internet, through a series of activities to be implemented in a multi-stakeholder manner in order to build capacity, raise awareness, provide legal expertise, and share best practice. Internet governance has also been identified as one of the priorities for EU co-operation with the Council of Europe in 2014-2015.

Action Line: I. Protecting the Internet’s universality, integrity and openness

Action

Responsibility

Deliverables

Delivery date

Status

8a. Developing a “framework of understanding and/or commitments”, based on the Council of Europe’s core values and principles on Internet governance to protect the Internet’s universality, integrity and openness as a means of safeguarding freedom of expression regardless of frontiers and Internet freedom.

DGI

Multi-Stakeholder Conference

2013

Completed

Data collection arrangement

 

In progress

Follow-up to CM Rec. on Universality, integrity and openness; on CM Decl. on Internet governance principles, and on CM Decl. on Network Neutrality

 

In progress

8b. Exploring the possibilities for enhancing access to the Internet to enable the full exercise of rights and freedoms

DGI, DGII

A CM recommendation or declaration could be envisaged which recommends that the full exercise and enjoyment of certain key human rights requires Internet access, and that access is inextricably linked to Art 10 ECHR. Selected input to this work was provided through the 10th CoE Conference of Ministers of Culture (Moscow, 15-16 April).

 

In progress

Report on freedom of assembly, expression and access to content on the Internet and proposals for further action to promote them.

 

In progress

8c. Developing appropriate human rights-based standards to protect and preserve the unimpeded cross-border flow of legal Internet content. This includes ensuring that the Internet is, at all times, accessible and without any arbitrary interruption (i.e. not “switched off”) by fostering inter-state (international) co-operation so that governments can better anticipate, prepare and thereby avoid disruption to the Internet;

DGI

Preparation of a Draft Recommendation on cross-border Internet traffic.

 

In progress

8d. Promoting Council of Europe human rights standards globally and, in this respect, encouraging member States to bear these in mind in their bilateral discussions with third countries, and, where necessary, consider the introduction of suitable export controls to prevent the misuse of technology to undermine those standards

DGI

Participation in global events

 

In progress

Export controls

 

Not Started

Action Line: I. Protecting the Internet’s universality, integrity and openness

Action

Responsibility

Deliverables

Delivery date

Status

8e. Developing human rights policy principles on “network neutrality” to ensure Internet users have the greatest possible access to content, application and services of their choice as part of the public service value of the Internet and in full respect of fundamental rights

DGI

Multi-Stakeholder Dialogue on Network Neutrality and Human Rights (Strasbourg, 29-30 May 2013)

2013

Completed

Network neutrality policy principles.

 

In progress

Action Line: II. Maximising rights and freedoms for Internet users

9a. Drawing up a compendium of existing human rights for Internet users to help them in communicating with and seeking effective recourse to key Internet actors and government agencies when they consider their rights and freedoms have been adversely affected: to report an incident, lodge a complaint or seek a right to reply, redress or other form of recourse

DGI

Compendium of existing human rights for Internet users

 

In progress

9b. Raising public awareness concerning rights and freedoms on the Internet by means of campaigns in member States and, where appropriate, in non-member States (in particular neighbouring Mediterranean countries via the North-South Centre and the Venice Commission);

DGI

Campaigns

 

Not started

9c. Continuing to explore the balance between guaranteeing the fundamental right to freedom of expression and protecting the honour and reputation of persons, as protected under the European Convention on Human Rights

DGI

Follow-up to the Declaration on the Desirability of International Standards dealing with Forum Shopping

 

Not started

9d. Promoting the accessibility of Internet content to all actual or potential users, including people with sensory or intellectual impairments, vulnerable groups and minorities

DGII

Promotion and awareness-raising events in Western Balkans and Turkey in 2012

2012

Completed

Awareness-raising/Capacity building events in Armenia, Belgium and Russian Federation

2013

Completed

CoE standards concerning Internet into forthcoming CM Recommendations on the rights of children and young people with disabilities, and on the participation of people with disabilities in culture, leisure and tourism via NTIC

2013

Completed

Action Line: II. Maximising rights and freedoms for Internet users

Action

Responsibility

Deliverables

Delivery date

Status

9e. Developing human rights-based guidelines and best practice, such as awareness-raising and training for new media actors on the risks of hate speech, to help governments and Internet intermediaries acting as media pathfinders and gateways to promote freedom of expression and access to pluralistic, quality-based and diverse sources of information

DGII

A survey about the attitudes of young people in Europe towards on-line hate speech is published by October 2012

2012

Completed

Young people and youth organisations become active promoters of human rights on-line and of Internet governance principles.

 

In progress

9f. Encouraging and supporting the private sector, within the jurisdiction of Council of Europe member States, to ensure their corporate policies and practices respect human rights and fundamental freedoms in all of the countries in which they operate

DGI

The Steering Committee for Human Rights (CDDH) to discuss feasibility of CoE implementation of UN Guiding Principles on Business and Human Rights.

2013

Completed

Draft political declaration to support the 2011 UN Guiding Principles for the Implementation of the ‘Protect, Respect and Remedy’ Framework adopted by the UN Human Rights Council

 

In progress

Update of human rights guidelines for ISPs

 

In progress

9g. Increasing the literacy of all social and age groups, especially by offering training opportunities to

groups with below average Internet usage

 

Training for groups with below average Internet usage

 

Not started

9h. Exploring the possibilities for positive use of information and communication technologies (ICTs) in fighting human rights abuses, such as alerting public authorities to incidents of domestic violence or threats to “whistle blowers”.

DGI

Alerting system for incidents of domestic violence

 

Not started

Action Line: III. Advancing privacy and data protection

10.1.a Modernising the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 108 also known as “Convention 108”) so that it fully addresses the challenges posed by new technologies and facilitates greater consensus between governments and other stakeholders on global technology-neutral privacy standards

DGI

Proposals for modernisation of Convention 108 prepared by the Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD)

2012

Completed

Finalisation of Proposals for modernisation of Convention 108 by the Ad Hoc Committee on Data Protection (CAHDATA)

 

In progress

Action Line: III. Advancing privacy and data protection

Action

Responsibility

Deliverables

Delivery date

Status

10.1.b Strengthening the implementation of Convention 108 through the Council of Europe Consultative Committee (T-PD), and through the implementation of technical assistance programmes in Europe and third countries

DGI

Implementation of data protection components of the CoE/EC Joint Project on media in Ukraine (delivery 31/12/2012).

2012

Completed

Assistance programmes: funding sought for new programmes, namely consultation of youth project, and capacity building project with ECOWAS.

 

In progress

Implementation of CoE/EU Joint project on Strengthening the Information Society in Ukraine

 

In progress

Improving the oversight role of the T-PD by introducing a prior check before a state becomes party to the Convention, and foreseeing regular review of compliance by States’ Parties.

 

In progress

10.1.c Promoting accession to Convention 108 by member States as well as non-member States of the Council of Europe

DGI

Ratification by the Russian Federation (entry into force on 1 September 2013). Accession by Uruguay (entry into force on 1 August 2013).

 2013

Completed

Further promotion and contacts with non-European countries (e.g. Mexico, Columbia, Korea, Costa Rica, Senegal). Invitation sent to the Kingdom of Morocco for its accession.

 

In progress

10.1.d Reviewing and, where necessary, updating recommendations of the Committee of Ministers of the Council of Europe on the protection of personal data used for employment purposes, the use of personal data in the police sector and the protection of medical data

DGI

Reviews underway on employment and police recommendations

 

In progress

Review of medical data recommendation.

 

In progress

10.1.e Reviewing Council of Europe standards on anonymity

DGI

Circumscribe right to anonymity

 

In progress

10.1.f Promoting the development of measures and tools for children and their families to better manage their privacy and personal data and, in this regard, their identity, such as by using pseudonyms on the Internet. Promoting practices that enable the deletion of content produced by children, including its traces (logs, records and processing) within a reasonably short period of time, and exploring whether this approach may be broadened.

DGI

Promoting the development of measures and tools for children and their families to better manage their privacy and personal data and, in this regard, their identity, such as by using pseudonyms on the Internet.

 

Not started

Promoting practices that enable the deletion of content produced by children, including its traces (logs, records and processing) within a reasonably short period of time; and exploring whether this approach may be broadened.

 

Not started

Action Line: III. Advancing privacy and data protection

Action

Responsibility

Deliverables

Delivery date

Status

10.1.g Developing human rights-based data protection guidelines for states, the private sector and civil society in the light of trends and challenges posed by the Internet (this concerns for example health related data, in particular genetic data, biometric data, “cloud computing”, “privacy by design”, “Internet of things”, requesting the removal of personal data from the Internet, geo-location tracking, and informed “consent” to terms and conditions of service).

DGI

CM declaration on risks to fundamental rights stemming from digital tracking and other surveillance technologies

2013

Completed

Action Line: IV. Enhancing the rule of law and effective co-operation against cybercrime

12a. Contributing to harmonisation of legislation at the global level, promoting broader participation in, use and enhancement of the Budapest Convention as reference standard for international co-operation against cybercrime

DGI

Contribution to global harmonisation through advice, analysis and dialogue through a wide range of activities. Legislative advice and support to :
• Armenia, Azerbaijan, Georgia, Belarus, Moldova and Ukraine under the Cybercrime@EAP project
• Albania, Bosnia and Herzegovina, Montenegro, Serbia, “The former Yugoslav Republic of Macedonia” and Turkey under the CyberCrime@IPA
• The Latin American region through the Global Project on Cybercrime (such as workshop on cybercrime legislation and policies for countries of Central America (Costa Rica, March 2012))
• Africa (such as a workshop for countries of Eastern Africa (Tanzania, August 2013),
• Asia (such as a contribution to a workshop organised by the Government of Japan, Tokyo, May 2013), as well as a range of legislative analyses.
Since January 2012, Australia, Austria, Belgium, Czech Republic, Dominican Republic, Georgia, Japan and Mauritius have become Parties, and Colombia, Israel, Morocco, Panama and Senegal have been invited to accede. 62 States now participate as members or observers in the activities of the Cybercrime Convention Committee (T-CY).

2012/13

Completed

Action Line: IV. Enhancing the rule of law and effective co-operation against cybercrime

Action

Responsibility

Deliverables

Delivery date

Status

12b. Reviewing the effective implementation of the Budapest Convention, and its Protocol (CETS No.189)

DGI

Assessment by Cybercrime Convention Committee (T-CY) underway covering expedited preservation provisions (Articles 16, 17, 29, 30).

2012

Completed

Assessment of the mutual legal assistance provisions (Article 31 and related articles)

 

In progress

12c. Creating greater legal certainty regarding trans-border law enforcement access to data and jurisdiction through an appropriate instrument that clarifies issues related to conditions and safeguards and promotes confidence and trust

DGI

The T-CY ad-hoc group on transborder access and jurisdiction commenced its work in February 2012. The T-CY Plenary adopted the report prepared by the Group in December 2012 with a decision to prepare a Guidance Note on Article 32b and consider a Protocol to the Convention on Cybercrime. In 2013, the T-CY engaged in a dialogue with multiple stakeholders on this question. Octopus conferences in 2013 and 2014 comprised specific workshops on transborder access.
In December 2013, the T-CY decided to continue this dialogue with civil society, data protection community and industry in 2014 and to consider the question of a Protocol to the Convention again in December 2014.

 

In progress

12d. Expanding technical assistance programmes to strengthen the capacities of countries worldwide to take measures against cybercrime

DGI

Phase 3 of the Global Project on Cybercrime: Organisation of and participation in some 150 activities worldwide.

2013

Completed

Cybercrime@IPA joint project of the EU and the Council of Europe covering South-eastern Europe

2013

Completed

Cybercrime@EAP joint project implemented under the Eastern Partnership Facility

2013

Completed

2012 Octopus conference on co-operation against cybercrime

2012

Completed

2013 Octopus conference on co-operation against cybercrime

2013

Completed

Production of tools and materials

 

In progress

Joint project on Global Action on Cybercrime (GLACY)

 

In progress

Establish a Cybercrime Programme Office of the Council of Europe (C-PROC) in Bucharest, Romania.

 

In progress

Action Line: IV. Enhancing the rule of law and effective co-operation against cybercrime

Action

Responsibility

Deliverables

Delivery date

Status

12e. Protecting the rights of the child, by supporting criminal law measures against the sexual exploitation and abuse of children based also on the standards of the Budapest Convention and the Convention on the Protection of Children against Sexual Exploitation and Sexual abuse (CETS No. 201) and other relevant standards and tools

DGI

Legislative analysis against the benchmarks of the Budapest and Lanzarote Conventions (Draft presented at Octopus conference in June 2012. Provisional version discussed at Summit of the Virtual Global Taskforce (Abu Dhabi, December 2012))

2012

Completed

Follow up workshop held for ASEAN countries in Manila, Philippines, in May 2013. Further discussion on the effectiveness of legislation in an Octopus workshop in December 2013.

2013

Completed

12f. Preventing and controlling criminal money flows through the Internet including money laundering and Internet gaming, through synergies with the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) and the Convention on the Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on Financing of Terrorism (CETS No. 198)

DGI

Workshop on criminal money on the Internet carried out for 14 countries (Ukraine, February 2012).

2012

Completed

Typology study on criminal money on the Internet adopted by MONEYVAL in March 2012. Regional conference scheduled for November 2012 in Istanbul (under CyberCrime@EAP and CyberCrime@IPA projects).

2012

Completed

MONEVYAL typology report on Criminal money flows on the Internet: methods, trends and multi-stakeholder counteraction.

2012

Completed

MONEYVAL Typologies report on the Use of online gambling for money laundering and the financing of terrorism purposes.

2013

Completed

MONEYVA typologies research on Laundering the proceeds of the organised crime. During the first meeting in Strasbourg some delegations indicated possible vulnerabilities related to BITCOINS transactions and to possible misuse by organised criminal groups as vehicle for laundering dirty money.

 

In progress

Within its anti-money laundering monitoring procedures, MONEYVAL analyses the manner in which member States and jurisdictions implement the requirements related to the specific risks associated with new or developing technologies (including INTERNET-based banking relationships) that might favour anonymity.

 

In progress

Action Line: IV. Enhancing the rule of law and effective co-operation against cybercrime

Action

Responsibility

Deliverables

Delivery date

Status

12g. Ensuring public security, preventing cybercrime and terrorist use of the Internet, in particular by supporting the implementation of the Convention on the Prevention of Terrorism (CETS No. 196)

DGI

Internet aspects included in the first evaluation round of the Convention on the topic of recruitment for terrorism. Database on the use of the Internet updated and further developed.

 

In progress

Committee of Experts on Terrorism (CODEXTER) analysis of issues related to the Radicalisation and the Receiving of Training for Terrorism, including via the Internet.

 

In progress

12h. Protecting public health, in particular by supporting the implementation of the Convention on the counterfeiting of medical products and similar crimes involving threats to public health (‘MEDICRIME’ Convention CETS No. 211)

DGI

Entry into force of the Convention.

 

In progress

Pompidou Group high-level conference examining opportunities in cyber space to reduce the demand and supply of illicit drugs.

2012

Completed

Develop effective responses curbing drug sales and deliveries through encrypted Internet platforms and drug trafficking through the use of courier and mail services.

 

In progress

12i. Promoting rule of law and human rights principles, including conditions and safeguards (Article 15 Budapest Convention) and data protection standards (Convention 108)

DGI

Update study on Article 15

2012

Completed

Study on Article 15 in Eastern Partnership countries

2013

Completed

Workshop on article 15 and Convention 108 at Octopus Conference (6-8 June 2012). Special workshop on Article 15 held prior to the Internet Governance Forum (Baku, 5 October 2012).

2012

Completed

12j. Participating actively in other international fora, including United Nations, Organisation for Security and Co-operation in Europe (OSCE) and European Union, on cybercrime and cybersecurity

DGI

Council of Europe contribution to UNODC study on cybercrime (questionnaire). Close co-operation with European Union continued. CoE contribution to events of the Organisation of American States, OSCE and others. Council of Europe participation in multiple international events.

 

In progress

Action Line: V. Maximising the Internet's potential to promote democracy and cultural diversity

13a Collect and share data and good practices on laws, regulations and trends related to Internet governance through, where possible, the European Audiovisual Observatory. In doing so, particular attention should be paid to ensuring reliability, compatibility and comparability of information.

DGI

Set up a data collection mechanism which can include monitoring the regular output of the Observatory (especially publications and data bases) with regard to relevant data and information

 

In progress

Action Line: V. Maximising the Internet's potential to promote democracy and cultural diversity

Action

Responsibility

Deliverables

Delivery date

Status

13b. Promoting citizens’ participation and engagement in public life, such as on-line consultations on draft laws on participation policies, strategies and good practices, connecting and engaging with large, undefined groups of people to address a message or engage in a specific task, i.e. “crowd sourcing”; in this context, media pluralism and press freedom on the Internet should be strengthened as indispensable prerequisites of democratic societies.

DGII

EdgeRyders project

2012

Completed

Strasbourg World Forum for Democracy on "Rewiring democracy: towards citizens' democracy for the information age", 27-29 November 2013

2013

Completed

13c Developing the secure use of the Internet in the field of democratic elections, such as voter information, campaigning, voting, in particular through biennial reviews of Council of Europe standards on e-voting.

DGII

4th biennial review meeting of CM Rec (2004)11 on e-voting took place on 11 July 2012 within framework of 'E-VOTE 2012' International Academic Conference in Bregenz/Austria.

2012

Completed

13d Promoting transparency and accountability in democratic governance inter alia by using the Internet to facilitate access to official documents as part of the implementation of the Convention on Access to Official Documents (CETS No. 205), and by implementing the Code of good practice on information, participation and transparency in Internet governance.

DGI

Implementation of code of good practice

 

Not started

13e Using the Internet in citizenship and human rights education in a life-long learning perspective.

DGII

Online platform on citizenship and human rights education

2012

Completed

A webpage with examples of good practice

 

In progress

Action Line: V. Maximising the Internet's potential to promote democracy and cultural diversity  

Action

Responsibility

Deliverables

Delivery date

Status

13f Facilitating access to a wide variety of rich and diverse cultural content and promoting active participation in its creation.

DGII

Study the desirability of further developing, in conjunction with civil society partners, the CultureWatchEurope (CWE) Initiative as an online, innovative and evidence-based overview of culture, heritage and media developments which relates to the CoE's existing electronic information tools. CWE's initial electronic platform HOTopics was set up in 2012 and needs to be tested as a tool for active policy debates, news and alerts, and linking CoEs stakeholders and civil society actors. A refinement or change of approach may be desirable following the CoE Conference of Ministers of Culture (Moscow, 15-16 April 2013), which dealt with issues of governance of culture, access to/participation in culture and the cultural implications of digitisation.

 

In progress

13g Promoting active and participative inter-cultural and inter-religious dialogue using social media and other online tools.

DGII

7 local communication campaigns to promote balanced public perceptions of ethno-cultural diversity, implemented in 2011-2012 in the framework of the project SPARDA. The city partners undertook a number of different activities to encourage dialogue and increase communication between diverse communities putting focus on community outreach through media. Internet, through the creation of websites and social media was used as one of the favourite tools of communication with the public. Example: www.touspourladiversite.com (Lyon Campaign)

 

In progress

13h Raising awareness in school environments concerning the rights of others in the exercise of freedom of expression using online social media and other web-based applications.

DGII

Teachers trained for teaching the responsible use of media in particular web 2.0

 

In progress

Action Line: VI. Protecting and empowering children and young people

Action

Responsibility

Deliverables

Delivery date

Status

14a Strengthening international co-operation and mutual assistance to protect children and young people, in particular as regards the criminal offences of child pornography and “grooming”, as well as the removal of online child sex abuse materials at source.

DGI, DGII

Publication of a 2nd edition of the volume “Protecting children from sexual violence”. This will focus on specific themes and may include articles on these topics.

 

In progress

A capacity building event in Rome on 29-30 November 2012 notably to discuss the role of international co-operation in combating sexual exploitation and sexual abuse of children.

2012

Completed

A mapping report should be developed in 2014 to assess the work already carried out in relation to the Lanzarote and Budapest Convention and to envisage the thematic monitoring of relevant provisions.

 

In progress

14b Developing criteria for trustmark and labelling systems to enable children and their families to identify suitable online content.

DGI, DGII

Criteria published

 

Not started

14c Sharing best practice on secure and age-appropriate spaces for children on the Internet, including the development of age verification systems and access to quality content.

DGI, DGII

Compilation of best practices

 

Not started

14d Training education professionals regarding the attitudes, skills and knowledge for learners to become responsible users and producers of content based on respect for human rights and human dignity.

DGI, DGII

Develop training materials for the use of social media for democratic participation

 

In progress

Organise "train the trainers" courses on the respectful and responsible use of social media

 

In progress

Promoting the development of measures and tools for children and their families to better manage their privacy and personal data and, in this connection, their identity, such as by using pseudonyms on the Internet.

 

Not started

Promoting practices that enable the deletion of content produced by children, including its traces (logs, records and processing) within a reasonably short period of time; and exploring whether this approach may be broadened.

 

Not started

Action Line: VI. Protecting and empowering children and young people

Action

Responsibility

Deliverables

Delivery date

Status

14e Developing awareness raising activities for parents concerning the protection of children and young people on the Internet, in particular by updating and translating into different language versions Council of Europe human rights media literacy materials such as the “Compasito” Manual on human rights for children, the “Internet Literacy Handbook” and the Wild Web Woods online game.

DGII

Update Wild Web Woods

 

In progress

Translate Wild Web Woods

 

In progress

1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.

2 Decision under item 1.7 https://wcd.coe.int/ViewDoc.jsp?id=1917807&Site=CM

3 A motion for a resolution on massive eavesdropping in Europe has been tabled in the PACE see Doc. 13288 of 06 August 2013.

4 http://www.coe.int/t/dghl/monitoring/moneyval/Typologies/MONEYVAL%282013%296_Reptyp_flows_en.pdf

5 http://www.coe.int/t/dghl/monitoring/moneyval/Typologies/MONEYVAL%282013%299_Onlinegambling.pdf

6 http://www.coe.int/t/dg4/cultureheritage/culture/Moscow/default_en.asp

7 http://www.wildwebwoods.org/popup_langSelection.php



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