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Subramanium Vutha
Convergence is on
its way, and its coming faster than you think. This
edition in our 'Net Effects' series outlines
the issues at stake, and explains why regulation is
essential in the virtual world
The
convergence of computers, communications and multimedia
content promises rich new virtual worlds in which distance
will no longer be a constraint. People will be connected
to each other through virtual ‘superhighways in
the air’.
The coming generations will find
it easier to identify with like-minded people in other
countries than their neighbours. The social and economic
repercussions of this kind of convergence are only beginning
to be understood, and governments around the world would
like to see some regulations and controls in place.
An analogy would help here. Just
as air traffic is regulated through a detailed and elaborate
framework, including air lanes, flight paths, air traffic
controllers, and safety and security regulations, convergence
will need to be regulated for various reasons, such
as access, security, privacy, and protection of individual
rights.
Given the complexity and profusion
of convergence technologies and options, this will present
new challenges to legislators across the world. The
difference is that the number of ‘air lanes’
and ‘flight paths’ relating to convergence
will proliferate, intersect and even clash.
Why you should know the convergence
bill
The bill will affect each one of us in different spheres
of our lives.
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It will affect
the way we work (using telephones, cell phones,
electronic mail, wireless communication, web-based
interaction, etc). |
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It will affect
the way we socialise (through chat rooms, special-interest
web forums, Internet telephony, video phones, web
casting, etc). |
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It will affect
the way we entertain and get entertained (through
interactive television sets, multimedia content
and programmes, virtual and experiential modes of
entertainment, etc). |
In other words, every aspect of our lives will be transformed
by the power of convergence. For Indians, there are three
special reasons for taking interest in convergence.
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India is expected
to become an entertainment and multimedia content
hub for the world. |
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India’s
demographic profile (particularly its huge population
of youth) and educational advantages, coupled with
its democratic and diverse framework, provide scope
for services to the world in every domain area.
The most recent discussions have been on medical
tourism, because the Indian medical system provides
world-class services at low prices. |
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While China
and other countries have an edge in manufacturing,
India has all the equipment necessary to become
a services superpower. The Internet provides the
best environment for such services. |
Shifting centre
of gravity
To understand the convergence bill, we need to consider
how laws will be made and enforced in the future. The
bill, and the debate and discussions relating to it, provides
a good stimulus for this. In a world sans borders, where
communications cross state and country borders millions
of times in seconds, it is difficult to visualise how
any one country can by itself exercise regulatory control.
Law making in such a scenario
appears to be shifting from national capitals to international
forums, and we are already seeing some powerful examples
of such legislation. For example, India’s import
and export policy, tax laws and import tariffs now have
to conform to rules set by the World Trade Organisation
(WTO). We are already seeing the effects of such conformity
in our taxation, budgeting and import duties.
Secondly, international covenants
such as the Information Technology Agreement will oblige
us to conform to global norms, removing import duties
on crucial components of Internet technologies (computers,
telecom equipment, etc).
Thirdly, India’s intellectual
property rights framework will need to conform to the
rules and treaties of the WTO and the World Intellectual
Property Organisation. So, just as Indian air transport
providers conform to international rules as rigorously
as they follow Indian laws, we will find ourselves conforming
to and enforcing internationally accepted laws and regulations.
In convergence, this appears inevitable.
The second part of this article
will consider the key provisions of the convergence
bill, which is likely to be placed before Parliament
this year. It will also look at the implications of
the bill for Indian companies and business executives.
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