A MALTA COMMONWEALTH THIRD COUNTRY TRAINING PROGRAMME Programme Legal Instruments for the Internet Economy Building Capacity and Implementing Regulation Malta, 14 th to 19 th September, 2015 www.diplomacy.edu/courses/legalinstruments2015 Organised by: DiploFoundation Sponsored by: The Commonwealth Fund for Technical Cooperation, Commonwealth Secretariat, London, UK, and The Ministry for Foreign Affairs, Valletta, Malta Page 1
PROGRAMME Day 1 Monday 14th September Session 1.1 Opening, participant introductions; followed by event at the Ministry for Foreign Affairs of Malta 08:30 12:00 The workshop starts with registrations and introductions at the workshop venue. This is followed by an event at the Ministry for Foreign Affairs in Valletta, Malta, with a keynote address by the Minister for Foreign Affairs, and a talk/presentation on Legal and Policy Changes for the Digital Era. 08:30 Registrations at workshop venue 09:15 Delegates departure from workshop venue 10:15 Welcome address Minister Dr George W. Vella 10:30 Speech by Mr Anthony Ming, ICT Adviser, Public Sector Governance Unit Commonwealth Secretariat 11:00 Speech by Dr Jovan Kurbalija, director DiploFoundation 11:30 Group photo 12:00 Delegates depart from Valletta 12:30 13:30 Lunch Session 1.2 Introduction to legal and regulatory frameworks, participant presentations 13:30 17:00 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). Moderator: Mr Anthony Ming (Commonwealth Secretariat) & Dr Stephanie Borg Psaila (DiploFoundation) Day 2 Tuesday 15th September Session 2.1 Internet governance 09:30 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. Lecturer: Dr Jovan Kurbalija, director DiploFoundation Session 2.2 Intellectual Property Rights Page 2
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? Lecturer: Dr Oleksandr Pastukhov, Senior Lecturer, University of Malta Special Guest: Mr Godwin Warr, Director General Commerce Day 3 Wednesday 16th September Session 3.1 Site visit to the Malta Information Technology Agency (MITA) 08:30 13:00 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. 08:30 Delegates departure from workshop venue 09:00 09:45 MITA s role and mandate Mr Emanuel Darmanin, Head, Strategy and Business Department 09:45 10:30: Developing a National ICT Strategy (based on Digital Malta experience): how are stakeholders involved? Mr Emanuel Darmanin, Head, Strategy and Business Department 10:30 11:15: e-ids & electronic signatures: what is their legal status? Ms Tania Zahra Project Leader, Technology Direction and egovernment Department 11:15 11:30: Coffee Break 11:30 12:00: Tour to our data centre facilities Mr Keith Mallia, Service Manager, Control Centre & Email 12:00 Delegates depart from St Venera 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. Lecturer: Dr Oleksandr Pastukhov, Senior Lecturer, University of Malta Page 3
Special Guests: Mr Saviour Cachia, Information and Data Protection Commissioner Mr Ian Deguara, Director, Operations and Programme Implementation, Office of the Information and Data Protection Commissioner Day 4 Thursday 17th September Session 4.1 Jurisdiction and dispute resolution 09:30 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. Lecturer: Dr Alex Sceberras Trigona, Malta s Ambassador to the World Trade Organization; Special Advisor to the Prime Minister Session 4.2 Infrastructure & telecommunications 14:00 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. Lecturer: Dr Jackie Scerri, Director, Equinox Advisory; President, Mediterranean Institute of Innovation, Communications and Technology Special guests: Mr Steve Agius, Chief Officer, Information and Development, Malta Communications Authority; Visiting Senior Lecturer, University of Malta Ing. Antoine Sciberras, Technology Manager, Malta Communications Authority; Visiting Lecturer, University of Malta Mr Bernard Mallia, CEO, Equinox Advisory Day 5 Friday 18th September Session 5 Cybercrime & cybersecurity 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 Page 4
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. Lecturer: Eng. Vladimir Radunovic, Director of Cybersecurity and E-diplomacy Programmes, DiploFoundation Special guest: Inspector Timothy Zammit, Cyber Crime Unit Day 6 Saturday 19th September Session 6 Conclusions 09:30 12:00 The final session will be dedicated to a discussion on delegates action plans, to wrap-up and feedback. Participants will be asked to describe the lessons learned, and discuss the implementation of their action plans. They will also be asked to provide feedback on the workshop and on the topics covered in each building block. The workshop will end with a group photo and presentation of certificates. (Last updated: 17/9/2015) Page 5