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<div class="moz-cite-prefix">On Wednesday 28 August 2013 05:05 PM,
Jean-Louis FULLSACK wrote:<br>
</div>
<blockquote
cite="mid:1637502051.10943.1377689702956.JavaMail.www@wwinf1p16"
type="cite">
<p> </p>
<p>Dear Parminder and all</p>
<p> </p>
<p>I agree in general to the terms of this covering letter to the
UN Working Group on Enhanced Cooperation. I' d just suggest to
complete the sentence</p>
<p> </p>
<p><In a post-Snowden world, there is deep discomfort among
almost all countries, other than the US, with the manner in
which the global Internet is run and is evolving.></p>
<p> </p>
<p>by adding China to the US, for instance as follows :</p>
<p> </p>
<p>In a post-Snowden world, there is deep discomfort among almost
all countries, other than the US <span style="text-decoration:
underline;">and China to some extent</span>, with the manner
in which the global Internet is run and is evolving. . <br>
</p>
</blockquote>
<br>
Yes, that can be added... Although since we are talking about the '<i><b>global
Internet'</b></i> - China too isnt too happy with how it is
developing, but yes it is very happy with the manner in which it has
been able to 'manage' the <i>domestic Internet</i>, and holds it
out as a model for many other countries. And among these other
countries that find some attraction towards the Chinese domestic
Internet model, there are two kinds, (and among some, two kinds of
different but mixed motives) (1) those who really want a Chinese
kind of control and (2) those who are simply dissatisfied with the
current global model and are looking for alternatives..... <br>
<br>
regards, parminder <br>
<br>
<blockquote
cite="mid:1637502051.10943.1377689702956.JavaMail.www@wwinf1p16"
type="cite">
<p><br>
Best regards</p>
<p> </p>
<p>Jean-Louios Fullsack<br>
<br>
<br>
</p>
<blockquote style="padding-left: 5px; margin-left: 5px;
border-left: #ff0000 2px solid;">> Message du 28/08/13 12:53<br>
> De : "parminder" <br>
> A : <a class="moz-txt-link-rfc2396E" href="mailto:governance@lists.igcaucus.org">"governance@lists.igcaucus.org"</a> ,
<a class="moz-txt-link-rfc2396E" href="mailto:irp@lists.internetrightsandprinciples.org">"irp@lists.internetrightsandprinciples.org"</a> <br>
> Copie à : <br>
> Objet : [governance] Position by IT for Change and some
other NGOs on enhanced cooperation<br>
> <br>
><span style="font-family: Verdana;">Dear All<br>
> <br>
> IT for Change and some other NGOs plan to forward the
following position to the UN Working Group on Enhanced
Cooperation. Preceding the position statement is a covering
letter seeking support. You are <em><strong>welcome to
support this position any time before 12 noon GMT on 31st
Aug</strong></em>. We are happy to provide any additional
information/ clarification etc. Also happy to otherwise
discuss this position, and its different elements. We are
motivated by the need to come up with precise and clear
institutional options at this stage. Politics of inertia and
not doing anything just serves the status quo. These may not
be the best institutional options, and we are ready to enter
into discussion with other groups on what instead would be the
better options. But, again, not doing anything is, in our
opinion, would be detrimental to global public interest. <br>
> <br>
> The web link to this position is at <a
moz-do-not-send="true" class="moz-txt-link-freetext"
href="http://www.itforchange.net/civil_society_input_to_the_UN_Working_Group_for_global_governance_of_the_Internet">http://www.itforchange.net/civil_society_input_to_the_UN_Working_Group_for_global_governance_of_the_Internet</a>
.<br>
> <br>
> parminder <br>
> <br>
> </span><br>
> <em><strong><big>Covering letter / Background<br>
> </big></strong></em><br>
> In May 2012, more than 60 civil society organisations and
several individuals participated in a campaign for '<a
moz-do-not-send="true"
href="http://www.itforchange.net/civil_society_statement_on_democratic_internet">democratising
the global governance of the Internet</a>'. A joint letter
signed by the participants of this campaign <em>inter alia</em>
asked for setting up a UN Working Group towards this objective.
Such a Working Group was set up and has now asked for public
inputs to formulate its recommendations. <br>
> <br>
> In our joint letter, we had proposed some outlines for
reforming the current global governance architecture of the
Internet. Time has come now to make more clear and specific
recommendations of the actual institutional mechanism that we
need. With most governments more worried about their narrow
geopolitical interests and relationships with individual
countries, it falls upon the civil society to be bold and
forward looking and put precise proposals on the table that can
then be taken forward by state actors. <br>
> <br>
> In a post-Snowden world, there is deep discomfort among
almost all countries, other than the US, with the manner in
which the global Internet is run and is evolving. The need for
some global norms, principles, rules, and necessary governance
mechanisms for the global Internet is being felt now as never
before. The Internet can no longer remain anchored to the
political and business interests of one country, or to serving
global capital, as it is at present. As a global commons, it is
our collective democratic right and responsibility to
participate in the governance of the Internet, so that it can
become a vehicle for greater prosperity, equity and social
justice for all.<br>
> <br>
> We seek your support to join us in proposing the enclosed
document as an input to the Working Group on Enhanced
Cooperation. The Working Group has sought public inputs through
a questionnaire which can be seen at <a moz-do-not-send="true"
href="http://unctad.org/en/Pages/CSTD.aspx">http://unctad.org/en/Pages/CSTD.aspx</a>
. The most important question is at number 8, which seeks input
with regard to precise mechanism(s) that are required. Our
response will mostly address this all-important question. (You
are also encouraged to, separately, give a fuller response to
the questionnaire on your behalf or on behalf of your
organization.) We will also like to give wide media publicity to
this civil society statement .<br>
> <br>
> We will be glad if you can send your response to us <em><strong>before
the 30th of August</strong></em>. We are of course happy to
respond to any clarification or additional information that you
may want to seek in the above regard. Please also circulate this
to others who you think may want to participate in this
initiative. The global Internet governance space seems to be
dominated by those who push for neoliberal models of governance.
We must therefore have as many voices heard as possible.<br>
> <br>
> (The statement is cut pasted below this email and may also
be <a moz-do-not-send="true"
href="http://www.itforchange.net/civil_society_input_to_the_UN_Working_Group_for_global_governance_of_the_Internet">seen
here</a> )<br>
> <br>
> With best regard,<br>
> <br>
> Parminder<br>
> <br>
> <br>
> <strong>Parminder Jeet Singh</strong><br>
>
<hr><span style="font-weight: bold;"></span><small><span
style="color: black; font-weight: bold; font-family:
FlamaBook;">IT for Change</span><br style="font-family:
FlamaBook; color: black;">
<span style="font-family: FlamaBook; color: #666666;"><small><big>In
special consultative status with the United Nations
ECOSOC</big><br>
> </small><a moz-do-not-send="true"
href="http://www.itforchange.net/">www.ITforChange.net</a></span></small>
<br>
> <small style="font-style: italic; color: #767676;
font-family: FlamaBook;">T: 00-91-80-26654134</small><big
style="font-style: italic; color: #767676; font-family:
FlamaBook;"> | </big><small style="font-style: italic; color:
#767676; font-family: FlamaBook;">T: 00-91-80-26536890</small><span
style="font-style: italic; color: #767676; font-family:
FlamaBook;"> </span><big style="font-style: italic; color:
#767676; font-family: FlamaBook;">| </big><small
style="font-style: italic; color: #767676; font-family:
FlamaBook;">Fax: 00-91-80-41461055<br>
> </small>
<p style="margin-bottom: 0cm;" align="center"><span
style="color: #800000;"><span style="font-size: medium;"><em><span
style="text-decoration: underline;"><strong>A civil
society input to the UN Working Group looking at </strong></span></em></span></span></p>
<p style="margin-bottom: 0cm;" align="center"><span
style="color: #800000;"><span style="font-size: medium;"><em><span
style="text-decoration: underline;"><strong>institutional
mechanisms for global governance of the Internet </strong></span></em></span></span></p>
<p style="margin-bottom: 0cm;" align="center"><em><span
style="font-weight: normal;">(Please write to <a
moz-do-not-send="true"
href="mailto:manasa@itforchange.net">itfc</a><a
moz-do-not-send="true"
href="mailto:manasa@itforchange.net">@itforchange.net</a>
before 29th Aug if you will like to endorse this
statement)</span><strong> </strong></em></p>
<p style="margin-bottom: 0cm;" align="justify"><span
style="color: #800000;"><span style="font-size: small;"><em><strong><br>
> Why global governance of the Internet?</strong></em></span></span></p>
<p style="margin-bottom: 0cm;" align="justify">Internet
governance is seen largely in terms of national sovereignty
and security or as pertaining to free speech and privacy. We
are of the view that there exist many other equally important
issues for global Internet governance that arise from the
whole gamut of rights and aspirations of people – social,
economic, cultural, political and developmental. The
relationship of the global Internet to cultural diversity is
one example. The Internet increasingly determines not only the
global flows of information but also of cultures, and their
commodification. No social process is exempt from the
influence of the Internet – from education to health and
governance. Social systems at national and local levels are
being transformed under the influence of the global Internet.</p>
<p style="margin-bottom: 0cm; font-style: normal; font-weight:
normal;" align="justify">Instead of decentralizing power, the
current structure of the global Internet tends to centralize
control in the hands of a small number of companies. Some of
these companies have near-monopoly power over key areas of
economic and social significance. Therefore, regulation of
global Internet business through pertinent competition law,
consumer law, open interoperability standards, etc, is
becoming a pressing need. Increasing statist controls need to
be similarly resisted. With the emergent paradigm of cloud
computing presenting the looming prospect of remote management
of our digital lives from different 'power centres' across the
world, it is inconceivable that we can do without appropriate
democratic governance of the global Internet. Post-Snowden, as
many countries have begun to contemplate and even embark upon
measures for 'digital sovereignty', the only way to preserve a
<em>global</em><em><strong> </strong></em>Internet is through
formulating appropriate <em>global</em> norms, principles and
rules that will underpin its governance.</p>
<p style="margin-bottom: 0cm;" align="justify"><span
style="color: #800000;"><span style="font-size: small;"><em><strong>Background
of this civil society input</strong></em></span></span></p>
<p style="margin-bottom: 0cm;" align="justify">A group of over
60 civil society organizations and several individuals, made a
statement on <em>'<a moz-do-not-send="true"
href="http://www.itforchange.net/civil_society_statement_on_democratic_internet">Democratizing
the global governance of the Internet</a>'</em> to the
open consultations on 'enhanced cooperation'<a
moz-do-not-send="true" class="sdfootnoteanc"
name="sdfootnote1anc"
href="mailbox://webmail1p.orange.fr/home/param/.thunderbird/g5alewyg.param/mail/Unsent%20Messages?number=30236899#sdfootnote1sym"></a><sup>1</sup>
called by the Chair of the UN Commission on Science and
Technology for Development (CSTD) on May 18th, 2012, in
Geneva. The statement <em>inter alia</em> sought the setting
up of a CSTD Working Group to address this issue. We are happy
to note that such a Working Group has been set up and has now
called for public inputs to make its recommendations. This
document is an input to the Working Group on Enhanced
Cooperation (WGEC) on the behalf of the undersigned .</p>
<p style="margin-bottom: 0cm;" align="justify">In the
aforementioned <a moz-do-not-send="true"
href="http://www.itforchange.net/civil_society_statement_on_democratic_internet">statement</a>
of May 2012, the civil society signatories had called for the
following institutional developments to take place in the
global Internet governance architecture:</p>
<p style="margin-left: 0.91cm; margin-bottom: 0cm; font-weight:
normal;" align="justify"><span style="font-size: small;"><em><span
style="background: transparent;">Our demands with
respect to 'global' Internet Governance espouse a simple
and obvious democratic logic. On the technical
governance side, the oversight of the Internet's
critical technical and logical infrastructure, at
present with the US government, should be transferred to
an appropriate, democratic and participative,
multi-lateral body, without disturbing the existing
distributed architecture of technical governance of the
Internet in any significant way. (However, improvements
in the technical governance systems are certainly
needed.) On the side of larger Internet related public
policy-making on global social, economic, cultural and
political issues, the OECD-based model of global policy
making, as well as the default application of US laws,
should be replaced by a new UN-based democratic
mechanism. Any such new arrangement should be based on
the principle of subsidiarity, and be innovative in
terms of its mandate, structure, and functions, to be
adequate to the unique requirements of global Internet
governance. It must be fully participative of all
stakeholders, promoting the democratic and innovative
potential of the</span></em><span style="background:
transparent;"> </span><em><span style="background:
transparent;">Internet. </span></em></span></p>
<p style="margin-bottom: 0cm;" align="justify">As the WGEC
deliberates on concrete ways to move forward, the time is ripe
to propose clear and specific institutional mechanisms for
democratizing the global governance of the Internet. We have,
therefore, expanded the above demands into specific mechanisms
that should be set in place for this purpose.</p>
<p style="margin-bottom: 0cm;" align="justify"><span
style="color: #800000;"><span style="font-size: small;"><em><strong>New
global governance mechanisms are needed</strong></em></span></span></p>
<p style="margin-bottom: 0cm;" align="justify">We are of the
view that it would be useful to have two distinct mechanisms
– one that looks at the global Internet-related public
policy issues in various social, economic, cultural and
political domains, and another that should undertake oversight
of the technical and operational functions related to the
Internet (basically, replacing the current unilateral
oversight of the ICANN<a moz-do-not-send="true"
class="sdfootnoteanc" name="sdfootnote2anc"
href="mailbox://webmail1p.orange.fr/home/param/.thunderbird/g5alewyg.param/mail/Unsent%20Messages?number=30236899#sdfootnote2sym"></a><sup>2</sup>
by the US government). This will require setting up
appropriate new global governance bodies as well as a
framework of international law to facilitate their work, as
follows.</p>
<p style="margin-bottom: 0cm;" align="justify"><span
style="color: #800000;"><span style="font-size: small;"><em><strong>A
new UN body for Internet-related public policy issues:</strong></em></span></span><span
style="font-size: small;"><em><strong> </strong></em></span>An
anchor global institution for taking up and addressing various
public policy issues pertaining to the Internet in an ongoing
manner is urgently required. It can be a committee attached to
the UN General Assembly<span style="background: transparent;">
or a more elaborate and relatively autonomous set up linked
loosely to the UN (as a specialized UN body). It should have
a very strong and institutionalized public consul</span>tative
mechanism, in the form of stakeholder advisory groups that are
selected through formal processes by different stakeholder
constituencies, ensuring adequate representativeness. (OECD's
<a moz-do-not-send="true"
href="http://www.oecd.org/dataoecd/18/39/37328586.pdf"><em>Committee
on Computer, Information and Communication Policy</em></a>
and India's recent proposal for a <a moz-do-not-send="true"
href="http://itforchange.net/Techgovernance/IndiaCIRP"><em>UN</em></a><a
moz-do-not-send="true"
href="http://itforchange.net/Techgovernance/IndiaCIRP"><em>Committee
on Internet-related Policies</em></a>are two useful, and
somewhat similar, models that can be looked at.)</p>
<p style="margin-bottom: 0cm;" align="justify">This 'new body'
will stay abreast of global Internet-related issues; where
necessary, develop international level public policies in the
concerned areas; seek appropriate harmonization of national
level policies, and; facilitate required treaties, conventions
and agreements. It will also have the necessary means to
undertake studies and present analyses in different policy
areas.</p>
<p style="margin-bottom: 0cm;" align="justify">Most
Internet-related public policy issues are of a cross-cutting
nature, and involve overlaps with mandates of other existing
global governance bodies, like WIPO, UNESCO, WTO, UNDP,
UNCTAD, ITU and so on. Due to this reason, the proposed new
'body' will establish appropriate relationships with all these
other existing bodies, including directing relevant public
policy issues to them, receiving their inputs and comments,
and itself contributing specific Internet-related perspectives
to issues under the purview of these other bodies.</p>
<p style="margin-bottom: 0cm;" align="justify"> </p>
<p style="margin-bottom: 0cm;" align="justify"><span
style="color: #800000;"><span style="font-size: small;"><em><strong>A
new 'Internet Technical Oversight and Advisory Board':</strong></em></span></span>
This board will replace the US government's current oversight
role over the technical and operational functions performed by
ICANN<span style="background: transparent;">. The membership
of this oversight board can be of a techno-political nature,
</span><em><span style="background: transparent;">i.e.</span></em><span
style="background: transparent;"> consisting of people with
specialized expertise but who also have appropriate
political backing, ascertained through a democratic process.
For instance, the board can be made of 10/15 members, with
2/3 members each from five geographic regions (as understood
in the UN system). These members</span> can perhaps be
selected through an appropriate process by the relevant
technical standards bodies and/or country domain name bodies
of all the countries of the respective region. (Other
mechanisms for constituting the techno-political membership of
this board can also be considered.)</p>
<p style="margin-bottom: 0cm;" align="justify">The Internet
technical oversight and advisory board will seek to ensure
that the various technical and operational functions related
to the global Internet are undertaken by the relevant
organizations as per international law and public policy
principles developed by the concerned international bodies.
With regard to ICANN, the role of this board will more or less
be exactly the same as exercised by the US government in its
oversight over ICANN. As for the decentralized Internet
standards development mechanisms, like the Internet
Engineering Task Force, these self organizing systems based on
voluntary adoption of standards will continue to work as at
present. The new board will have a very light touch and
non-binding role with regard to them. It will bring in
imperatives from, and advise these technical standards bodies
on, international public policies, international law and norms
being developed by various relevant bodies.</p>
<p style="margin-bottom: 0cm;" align="justify">For this board to
be able to fulfill its oversight mandate, ICANN must become an
international organization, without changing its existing
multistakeholder character in any substantial manner. It would
enter into a host country agreement with the US government (if
ICANN has to continue to be headquartered in the US). It would
have full immunity from US law and executive authority, and be
guided solely by international law, and be incorporated under
it. Supervision of the authoritative root zone server must
also be transferred to this oversight broad. The board will
exercise this role with the help of an internationalized
ICANN.</p>
<p style="margin-bottom: 0cm;" align="justify">This board will
also advise the afore-mentioned new public policy body on
technical matters pertaining to the Internet policy making, as
well as take public policy inputs from it.</p>
<p style="margin-bottom: 0cm;" align="justify"><span
style="color: #800000;"><span style="font-size: small;"><em><strong>Framework
Convention on the Internet:</strong></em></span></span><em><strong>
</strong></em>An appropriate international legal framework
will be required sooner than later for the above bodies to
function properly. Accordingly, one of the early tasks of the
proposed 'new body' dealing with Internet-related public
policy issues, discussed above, will be to help negotiate a
'Framework Convention on the Internet' (somewhat like the <em><a
moz-do-not-send="true"
href="http://en.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_Change">Framework
Convention on Climate Change</a>)</em>. Governance of the
Internet concerns different kinds of issues that are
ever-evolving. It is, therefore, preferable to formulate an
enabling legal structure as a 'framework convention' rather
than as a specific treaty or convention that addresses only a
bounded set of issues. It may also be easier to initially
agree to a series of principles, protocols and processes that
can then frame further agreements, treaties etc on more
specific issues.</p>
<p style="margin-bottom: 0cm;" align="justify">Such a Framework
Convention will thus enable appropriate and ongoing global
policy responses to various opportunities and challenges that
the fast-evolving phenomenon of the Internet throws up. It
will also formalize the basic architecture of the global
governance of the Internet; <em>inter alia</em> recognizing
and legitimizing the existing role and functions of the
various bodies currently involved with managing the technical
and logical infrastructure of the Internet, including the
ICANN, Regional Internet Registries, Internet technical
standards bodies and so on.</p>
<p style="margin-bottom: 0cm;" align="justify">Appropriate
mechanisms for crisis response and dispute resolution in
relation to the global Internet, and the social activity
dependent on it, will also be required to be set up.</p>
<p style="margin-bottom: 0cm;" align="justify"><span
style="color: #800000;"><span style="font-size: small;"><em><strong>Relationship
with the IGF</strong></em></span></span></p>
<p style="margin-bottom: 0cm;" align="justify"><span
style="font-style: normal;"><span style="font-weight:
normal;">The UN Internet Governance Forum (</span></span>IGF)
was established as a multistakeholder 'policy dialogue forum'
by the World Summit on the Information Society. The proposed
global Internet policy mechanism, especially the new UN based
body, will maintain a close relationship with the IGF. IGF
affords a very new kind of participative mechanism for policy
making, whereby the participation realm is institutionalized,
and relatively independent of the policy making structures.
The IGF should preferably pre-discuss issues that are taken up
by this new policy body and present diverse perspectives for
its consideration. A good part of the agenda for this new body
can emerge from the IGF. Whenever possible, draft proposals to
be adopted by this new body should be shared with the IGF.</p>
<p style="margin-bottom: 0cm;" align="justify">To perform such a
participation enhancing role, the IGF must be adequately
strengthened and reformed, especially to address the dominance
of Northern corporatist interests in its current working. It
must be supported with public funds, and insulated from any
funding system that can bring in perverse influences on its
agenda and outcomes. Other required processes must also be put
in place to ensure that the IGF indeed brings in
constituencies that are typically under-represented, rather
than provide further political clout to the already dominant.</p>
<p style="margin-bottom: 0cm;" align="justify">A participative
body is only as good as the policy making mechanisms that feed
off it. To that extent, the meaningfulness and effectiveness
of the IGF itself requires a strong policy development
mechanism, as suggested in this document, to be linked to it.
Investing in the IGF is useful only if its outputs and
contributions lead to something concrete.</p>
<p style="margin-bottom: 0cm;" align="justify"><span
style="color: #800000;"><span style="font-size: small;"><em><strong>Funding</strong></em></span></span></p>
<p style="margin-bottom: 0cm;" align="justify">An innovative way
to fund the proposed new global Internet policy mechanisms,
and also the IGF, is to tap into the collections made by the
relevant bodies from allocation of names and numbers resources
pertaining to the global Internet (like the fee that ICANN
collects annually from each domain name owner). These accruals
now run into millions of dollars every year and could be
adequate to fund a large part of the needed mechanisms for
democratic governance of the global Internet.</p>
<p style="margin-bottom: 0cm;" align="justify">In the end, we
may add that there is nothing really very novel in the above
proposal for setting up new mechanisms for global governance
of the Internet. Similar models, for instance, were proposed
in the report of the Working Group on Internet Governance that
was set up during the World Summit on the Information Society,
back in 2004.</p>
<p style="margin-bottom: 0cm;" align="justify">We hope that the
Working Group on Enhanced Cooperation will fulfill its high
mandate to lead the world towards the path of democratic
governance of the global commons of the Internet.<br>
> <br>
></p>
<div id="sdfootnote1">
<p class="sdfootnote" align="justify"><small><a
moz-do-not-send="true" class="sdfootnotesym"
name="sdfootnote1sym"
href="mailbox://webmail1p.orange.fr/home/param/.thunderbird/g5alewyg.param/mail/Unsent%20Messages?number=30236899#sdfootnote1anc"></a>1The
outcome documents of the World Summit on the Information
Society, held in 2005, employed this as a placeholder term
giving the mandate for further exploration of the
necessary mechanisms for global governance of the
Internet. </small></p>
</div>
<div id="sdfootnote2">
<p class="sdfootnote"><small><a moz-do-not-send="true"
class="sdfootnotesym" name="sdfootnote2sym"
href="mailbox://webmail1p.orange.fr/home/param/.thunderbird/g5alewyg.param/mail/Unsent%20Messages?number=30236899#sdfootnote2anc"></a>2Internet
Corporation for Assigned Names and Numbers, the US based
non-profit that manages much of technical and logical
infrastructural functions related to the Internet. </small></p>
</div>
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