Top 10 policy ideas from IIA's Digital Economy Paper

The Internet Industry Association has released its latest manifesto,  'Principles for a Digital Economy', which sets about making policy recommendations that would boost Australia's economy - and in particular the local ICT industry.

Unsurprisingly, the document speaks strongly for investment in the sector and for an easing of regulation by government - initiatives that favour the industry above all else.

But contained within its 50-odd pages is a series of well-reasoned arguments for policy shifts, and alternatives to some of the policy problems the Government faces in its attempt to regulate a global phenomenon from the confines of a national jurisdiction.

Below, I have hand-picked ten key policy takeaways for discussion.

Note that these aren't the official recommendations of the IIA, but my attempt to cut through the noise. I would be very interested in your thoughts in our 'comments' section.

1. Come on Tony, support a National Broadband Network

The paper calls for bipartisan support for an investment in a network that, to all extents and purposes, fits the current NBN plan proposed by the ALP Government.

It calls for an "open access wholesale only fibre-to-the-premises network with equivalent access for all access seekers, extended to provide ubiquitous superfast broadband access to all homes and businesses with wireless and satellite technologies."

Such a network would require regulatory changes to ensure competition, regional parity and incentives to innovate, the paper said.

2. Consider alternatives to a mandatory ISP filter

The IIA focused on education and optional internet filters in the home as two alternatives to the mandatory ISP-level filtering plan proposed by the Federal Government.

The paper resists the temptation to argue against the filter on technical or political grounds.

"While content filters have their place, they are no substitute for the lifelong protection provided by critical thinking. The best "filter" is not the one that runs on a device but the "software" that runs in our heads," the report said.

The report also rejected other measures such as the proposal to establish an Online Ombudsman.

3.    Invest in the Federal Police

Instead, the paper called for more funding for the Federal Police, which operates a successful high tech crime centre.

"Domestically, we favour continued resourcing and training of traditional policing to equip forces to deal with crime as it moves online," the report said.

4.    Be an ambassador in the fight against cybercrime

Beyond our shores, the IIA calls on the Australian Government to spearhead global efforts to align eSecurity efforts and even harmonise some laws, recognising that the internet "presents unique policy challenges for governments around the world."

"Australia should work with other developed nations to foster the creation and extension of international Computer Emergency Response Teams (CERTs) in developing economies where they do not currently exist, to provide a streamlined international response to emerging threats at a technical level," the report said.

5.    Come clean on data retention plans

The Federal Government's efforts to play down the potential to introduce data retention laws that would force ISPs to record user web browsing history did not go unnoticed in the report.

"Government must commit to a public debate about the merits and impacts of data retention prior to any new regulation being tabled. In the absence of broad community (and industry) support for such a proposal, a data preservation approach in respect of individual 'targets' under appropriate lawful authority is to be preferred," it said.

Read on for more policy suggestions including how to deal with ACTA and P2P, opening up access to government data, auctioning off mobile spectrum and achieving the right level of regulation...

6. Consult the public before signing ACTA

The IIA stopped short of requesting the Federal Government reject the Anti-Counterfeiting Trade Agreement (ACTA) outright. But it did call for greater transparency in ensuring any signing of such a treaty would meet the public's interest (particularly the industry's interests).

"Australia should not agree to sign on to any concluded Anti-Counterfeiting Trade Agreement text without first allowing a full and proper public consultation and debate to occur," the report said.

Any consideration of ACTA would also require greater industry protection under "safe harbour", the report said.

At present, telcos and ISPs are granted "safe harbour" - a form of legal protection - under the Copyright Act for the actions of their subscribers. But many IIA members - such as web hosts, search engines and universities, are not afforded the same protection.

"Political parties must commit to reforming the Copyright Act to extend safe harbour protection beyond ISPs to pick up content hosts, universities, auction platforms, user generated content sites and other online services consistent with spirit of the AU/USA Free Trade Agreement," the report said.

7. Encourage the use of commercial models to solve P2P problems, not the courts

Considering one of the IIA's clients is the target of a legal challenge in an attempt to address rampant copyright abuse on the internet, it came as no surprise that the IIA continued to push for content to be made "accessible, affordable, and legally available" online as an alternative to lawsuits.

The paper argued that at the right price and right level of convenience, the incentive to download pirated material would be reduced on a considerable scale.

8. Don't go overboard with 4G spectrum auction

Telcos the world over felt aggrieved at being squared off against each other in auctions for 3G mobile spectrum at the turn of the decade.

As the next generation of services matures, the Federal Government is considering the auctioning off of the 'digital dividend' spectrum that is currently used for analogue free to air television.

The IIA's paper asks that the Government first conducts a "public benefit test" to ensure that any spectrum allocation "is based on national interest considerations, recognising spectrum's role in broadband, and broadband's role as an enabler of innovation across the economy."

In other words, if spectrum is priced too high, telcos will have to charge high prices for services. The Government needs to balance the state of its coffers with the price Australians will expect to pay for mobile services.

9. Continue to make Government data accessible

The report recommended the Federal Government continue on its journey to make public sector information "open, accessible and reusable." This, the paper said, would help drive adoption of high-speed broadband services.

10. Don't over-regulate

The report calls for the Government to "benchmark" local regulations and initiatives against other Western democracies, with a view to ensuring Australia becomes a "Net-friendly destination for innovation and investment.

"We don't seek to argue against appropriate regulation," the paper said, in one of its more eloquent moments.

"But we must be aware of what we're dealing with. The internet is not a monolithic media form but an inconceivably vast and rapidly evolving series of interconnected technology platforms serving almost two billion people, involving hundreds of millions of machines, accessible and alterable in real time (increasingly by mobile devices), relying increasingly on encryption for privacy and security and recognising no jurisdiction other than cyberspace itself."

Do you agree with these IIA policy positions? Discuss below...