Specific Issues for Discussion:
Internet infrastructure is developing across the region, however at times through opaque partnerships with providers and State actors who combine the provision of infrastructure with the promotion of their own models for internet governance at odds with international norms. The Asia Pacific is experiencing an observable trend in the drafting and adoption of cybersecurity laws and policies which raise serious concerns for the freedom of expression and information online. They appear to put forward a model for internet governance that, rather than a secure, open, and interoperable internet, favor unaccountable State control. This includes requirements that impose censorship and surveillance obligations or vague and overbroad definitions of ‘critical information infrastructure’ in ways that stifle free expression online. This can be seen in Vietnam’s cybersecurity law, which took effect in 2019, and its subsequent Decrees imposing concerning localization requirements and restrictive notice and takedown orders, or Cambodia’s draft cybersecurity law which seeks to label the media as ‘critical information infrastructure’ and imposes harsh restrictions and penalties, to Nepal’s 2023 National Cybersecurity Policy which among other provisions calls for a national internet gateway. Hong Kong is also expected to adopt its own cybersecurity law, which raises further questions for Hong Kong as a regional hub. Despite these challenges, international human rights law and internet freedom principles offer valuable guidance for shaping this element of internet governance. Alternatives to State control through digital public infrastructure also offer inclusive paths forward. The expert panelists will identify the challenges and relevant international standards to equip researchers, advocates, and policymakers toward positive, rights-based laws and policies on cybersecurity and digital infrastructure governance in Asia Pacific. During the discussion, focus will be given to Taiwan.
