<p>I agree ! And add : this response is also interpellating all CS people. Thanks JCN and Norberrt.</p>
<p> </p>
<p>Jean-Louis Fullsack<br /> <br /> <br /> <br /><br /></p>
<blockquote style="padding-left: 5px; margin-left: 5px; border-left: #ff0000 2px solid;">> Message du 05/05/14 11:31<br />> De : "JFC Morfin" <br />> A : governance@lists.igcaucus.org, "Norbert Bollow" , "IGC" <br />> Copie à : <br />> Objet : Re: [governance] JNC response to NetMundial<br />> <br />> Brillant!<br />> jfc<br />> <br />> At 09:49 05/05/2014, Norbert Bollow wrote:<br />> <br />> >Just Net Coalition has released a response to the NetMundial Outcome<br />> >Document:<br />> ><br />> >http://justnetcoalition.org/jnc-response-netmundial-outcome-document<br />> ><br />> >Greetings,<br />> >Norbert<br />> >co-convenor, Just Net Coalition<br />> ><br />> ><br />> >The JNC Response to the NetMundial Outcome Document<br />> ><br />> >The Just Net Coalition recognizes the efforts of the organizers of<br />> >NetMundial to achieve an outcome document, and welcomes certain<br />> >important steps forward in the final text, particularly the emphasis on<br />> >managing the Internet in the public interest. However, even though the<br />> >document is non-binding, it leaves us deeply concerned about the<br />> >inclusion and phrasing of certain clauses (such as those on<br />> >intellectual property and private policing on the Internet), the<br />> >omission of key issues including cyber-peace, the lack of progress on<br />> >net neutrality, the weak language on mass surveillance, and above all<br />> >about how the concept of new types of multistakeholder processes with<br />> >new kinds of outputs, lacking any clear definition, might be construed<br />> >by different actors in the future.<br />> ><br />> >For the Just Net Coalition, "democratic multistakeholder processes for<br />> >Internet governance" means democratic processes with clear guidelines<br />> >for multistakeholder participation in their respective roles and<br />> >responsibilities. We are pleased that, thanks to numerous<br />> >interventions, the NetMundial outcome was modified so that it does not<br />> >favour the "equal-footing multi-stakeholder model" and thus a clear<br />> >departure from the fundamental principles of the Tunis Agenda, as was<br />> >proposed in the original draft of the outcome document.<br />> ><br />> >While Brazil's intent in convening this meeting was laudable, it is<br />> >worrying that vested interests were able to unduly influence the<br />> >meeting by controlling key committees, and as well that an attempt was<br />> >made to gain an international endorsement for a new model of decision<br />> >making on international issues. This "equal footing multi-stakeholder<br />> >model" would quite clearly and strongly favour the interests of big<br />> >business. We were pleased that this attempt did not succeed, and we<br />> >will continue to vigorously oppose all attempts to effectively impose<br />> >the rule of big business, or otherwise undermine democracy.<br />> ><br />> >We remain deeply concerned that processes such as the one used at<br />> >NetMundial can easily lead to outcomes that are determined by the<br />> >red-lines as well as the core interests of the most resourceful<br />> >parties, which, at the global level, are often the US and big business.<br />> >In the face of strong presence, resources and efforts by powerful<br />> >interests, other voices may get forced on the back foot, even to the<br />> >point of having to defend inclusion of what are universally agreed<br />> >norms, such as happened at NetMundial.<br />> ><br />> >The NetMundial outcome document contains certain positive elements,<br />> >particularly in that it recognizes that the Internet is to be managed<br />> >"in the public interest". While falling short of the civil society<br />> >demand for characterizing the Internet as a "global commonsâ or "public<br />> >good", it is a considerable progress on the WSIS language, which says<br />> >that the Internet is "a global facility available to the public and its<br />> >governance should constitute a core issue of the Information Society<br />> >agenda".<br />> ><br />> >We hope that well developed and properly executed new democratic<br />> >multistakeholder processes for Internet governance will explicitly<br />> >foster a decentralized, free and open, non-hierarchical network of<br />> >networks. Democratic governance processes will not implicitly favour<br />> >the current trends of Internet governance which are leading us more and<br />> >more towards monolithic, centralized walled gardens. Such new processes<br />> >must also address the appropriation of private data by governments and<br />> >private companies and its subsequent monetisation by private companies.<br />> ><br />> >The NetMundial Process: A New Beginning, the democratic<br />> >multi-stakeholder model<br />> ><br />> >President Rousseff said that the NetMundial was to be a dialogue<br />> >between Multilateralism and Multistakeholderism. Indeed the final<br />> >outcome document in the roadmap section accepts "the full involvement<br />> >of all stakeholders in their respective roles and responsibilities" and<br />> >is a welcome restatement of the WSIS consensus and the Tunis Agenda.<br />> >The outcome document has further held, "Governments have primary, legal<br />> >and political accountability for the protection of human rights". The<br />> >NetMundial outcome thus outlines a new phase within the Tunis Agenda,<br />> >creating openings for specific improvements in the model of decision<br />> >making that will be followed for future Internet governance. Employing<br />> >these new openings wil involve clear definitions and guidelines for the<br />> >"democratic multistakeholder process" model.<br />> ><br />> >NetMundial was clearly an attempt at institutionalising<br />> >multistakeholderism at the global level. This implementation of<br />> >"multistakeholderism in practice" included the seemingly open format of<br />> >"selecting" the organising committee members, the overtly open agenda<br />> >setting, and the universally accessible online invitation for<br />> >contributions. However, processes for consolidating these submissions<br />> >and for finding common ground were somewhat contentious, and the<br />> >initially open and participatory drafting process was in strong<br />> >contrast to rather less open, endgame processes. On one hand, these<br />> >could be seen (optimistically) as somewhat halting steps towards the<br />> >delineation of a multistakeholder policy formulation process in an<br />> >appropriately inclusive and ultimately democratic manner, or<br />> >alternatively as providing evidence of fundamental flaws in how<br />> >multistakeholderism becomes operationalized. In that sense, should the<br />> >fact that the initial selection processes for NetMundial positions were<br />> >flawed and lacked broader legitimacy, that the organizing processes<br />> >themselves were evidently captured by certain interested parties, and<br />> >that the multistakeholder drafting processes were, in the end, heavily<br />> >dominated by big business producing certain unfortunate results, be<br />> >viewed as flaws of an immature system or as features of a model which<br />> >ultimately only works for the few?<br />> ><br />> >In this regard, we see the reference to "democratic multistakeholder<br />> >processes" in the document as a clear and compelling corrective. We now<br />> >need to spell out what would constitute "democratic multistakeholder<br />> >processes". This of course includes the NetMundial call for further<br />> >discussions on "different roles and responsibilities of stakeholders in<br />> >Internet governance" and its two references to "respective roles and<br />> >responsibilities". This call should be taken as seeking an elaboration<br />> >of what is a "democratic multistakeholder process" where, of course,<br />> >corporations are not given equal status with citizens in decisions<br />> >regarding public policy issues.<br />> ><br />> >The Just Net Coalition believes that democracy can be ensured only if<br />> >public policy decisions are made by or can be overridden through<br />> >democratic processes and actions which derive their legitimacy from<br />> >citizens directly exercising their will, or from representatives or<br />> >institutions who are also democratically accountable to the citizens<br />> >they represent.<br />> ><br />> >Article 21 of the Universal Declaration of Human Rights (UDHR) and<br />> >Article 25 of the International Covenant on Civil and Political Rights<br />> >(ICCPR) provide that everyone has the right to take part in the conduct<br />> >of public affairs (and thus in public policy decisions) directly or<br />> >through freely chosen representatives. Stakeholder based processes<br />> >should help widen the participatory base for engaging with such<br />> >decision making processes but such a model cannot give corporations<br />> >rights in policy-making equal to those of people, which would be in<br />> >violation of the principles of democracy outlined in the UDHR and ICCPR.<br />> ><br />> >Areas where the NetMundial outcome document is not satisfactory<br />> ><br />> >We share the concerns of many civil society organizations regarding<br />> >certain aspects of the NetMundial outcome document, see:<br />> >http://bestbits.net/NetMundial-response.<br />> ><br />> >Instead of a simple statement that mass surveillance is incompatible<br />> >with the right to privacy and endorsing the "necessary and<br />> >proportionate" principle, the outcome language has been watered down<br />> >with qualifiers that do not go beyond the UN General Assembly<br />> >resolution of November 2013, which was itself a compromise. However, we<br />> >note that the NetMundial statement stresses that governments have<br />> >primary legal and political accountability for the protection of human<br />> >rights. Those rights must be protected online as well as offline, and<br />> >globally as well as nationally, because the Internet is a global<br />> >system, as noted in the NetMundial outcome document. Thus, governments<br />> >must protect the privacy of the personal data not just of their own<br />> >citizens, but also of the data of persons not directly subject to their<br />> >jurisdiction. Human rights accountability of governments is global.<br />> ><br />> >In the NetMundial outcome, there is no reference to cyber-weapons and<br />> >cyber-peace. This is in spite of President Rousseff's call for<br />> >addressing the issue of cyber-weapons.<br />> ><br />> >Another significant omission in the document is that of net neutrality.<br />> >Marco Civil the Internet Bill of Rights -- in Brazil and the European<br />> >parliament have both recently advanced a commitment to net neutrality.<br />> >Unfortunately, it would appear that business interests were able to<br />> >bury net neutrality in the "Future Plans" section of the NetMundial<br />> >outcome document.<br />> ><br />> >Two highly significant and in fact dangerous provisions related to<br />> >copyright rights and copyright enforcement were introduced into the<br />> >text at a very late stage on the basis of demands by business<br />> >representatives. This happened well after it had been announced that<br />> >new issues would be included only if there was consensus. Since clearly<br />> >there was no consensus to add these provisions, they should not have<br />> >been introduced into the NetMundial outcome document, and they are not<br />> >validly part of it:<br />> ><br />> >First, while references to the "right to access, share, create and<br />> >distribute information" exist in numerous UN documents on a standalone<br />> >basis(1), the reference to this right in the NetMundial document is<br />> >limited to what is "consistent with the rights of authors and creators<br />> >as established in law". The right to share and communicate has now been<br />> >circumscribed by the rights of "authors and creators", which appears to<br />> >be an attempt to expand copyright by adding something called creators<br />> >to authors, whereas only authors are recognized in international<br />> >copyright law. Also, we consider it unacceptable that in a normative<br />> >document a human right is sought to be limited by whatever be the<br />> >existing law, whether or not the law is human rights compliant. Our<br />> >belief moreover is that the length of current copyright protection must<br />> >be drastically reduced, for example to 15 years; and that<br />> >non-commercial downloading of material under copyright must be made<br />> >legal.<br />> ><br />> >Secondly, the topic of Internet intermediary liability limitations,<br />> >having been introduced to protect the freedom of speech of Internet<br />> >users, has now been coupled with "private policing" for enforcing<br />> >Intellectual Property. Specific text has been added encouraging<br />> >"cooperation among all stakeholders" in order to "address and deter<br />> >illegal activity" which is in fact, well understood as coded language<br />> >for private policing by Internet Service Providers (ISPs) and other<br />> >intermediaries.<br />> ><br />> >It is interesting to note that these two points directly correspond to<br />> >the two points on which civil society had disassociated itself from the<br />> >OECD's Principles for Internet Policy Making two years ago.<br />> ><br />> >Further, we see no reference in the document to the issues which<br />> >President Rousseff referred to alongside issues of Internet access:<br />> >i.e. the social and economic programmes that Brazil has introduced to<br />> >respond to the needs of the poor. The Internet and the overall digital<br />> >economy have become highly significant elements in the distribution and<br />> >re-distribution of wealth, employment and opportunities both within<br />> >countries and globally. Unfortunately, no reference was made in the<br />> >outcome document to the measures which must be taken to ensure economic<br />> >justice in the context of increased global penetration by the Internet<br />> >and the digital economy.<br />> ><br />> >Finally, we note that the NetMundial language on the IANA(2) transition<br />> >is very weak and essentially approves the current approach towards the<br />> >transition. That approach was unilaterally established by the US<br />> >government, with no prior open multistakeholder consultations, and it<br />> >sets preconditions which were not subject to any open discussions.<br />> >While we welcome a transition away from unilateral US government<br />> >supervision of the IANA functions, we cannot welcome the unilateral way<br />> >in which the conditions for the transition have been set, nor the fact<br />> >that the US government will unilaterally decide whether or not the<br />> >transition will take place. Also, since a possible outcome of this<br />> >transition is that the IANA functions could be entrusted to ICANN(3) in<br />> >a more permanent manner, it is not an example of good governance that<br />> >ICANN itself seems to have been implicitly charged with managing the<br />> >"open process with the participation of all stakeholders extending<br />> >beyond the ICANN community" for "discussion about mechanisms for<br />> >guaranteeing the transparency and accountability of those functions<br />> >after the US Government role ends.â<br />> ><br />> ><br />> ><br />> >Just Net Coalition (Coalition for a Just and Equitable Internet)<br />> ><br />> >May 3, 2014<br />> ><br />> >http://JustNetCoalition.org<br />> ><br />> >info@JustNetCoalition.org<br />> ><br />> ><br />> >(1) The WSIS Declaration of Principles affirms that "everyone can<br />> >create, access, utilize and share information and knowledge, enabling<br />> >individuals, communities and peoples to achieve their full potential in<br />> >promoting their sustainable development and improving their quality of<br />> >life....".<br />> ><br />> >(2) IANA, the Internet Assigned Numbers Authority, is responsible in<br />> >particular for the administrative processing of changes to the root<br />> >zone for the Internet's Domain Name System (DNS).<br />> ><br />> >(3) ICANN, the Internet Corporation for Assigned Names and Numbers, is<br />> >currently operating the IANA function on the basis of a contract with<br />> >the US government.<br />> ><br />> ><br />> ><br />> >Content-Transfer-Encoding: 8bit<br />> >Content-Disposition: inline; filename="message-footer.txt"<br />> ><br />> >____________________________________________________________<br />> >You received this message as a subscriber on the list:<br />> > governance@lists.igcaucus.org<br />> >To be removed from the list, visit:<br />> > http://www.igcaucus.org/unsubscribing<br />> ><br />> >For all other list information and functions, see:<br />> > http://lists.igcaucus.org/info/governance<br />> >To edit your profile and to find the IGC's charter, see:<br />> > http://www.igcaucus.org/<br />> ><br />> >Translate this email: http://translate.google.com/translate_t<br />> <br />> <br />> ____________________________________________________________<br />> You received this message as a subscriber on the list:<br />> governance@lists.igcaucus.org<br />> To be removed from the list, visit:<br />> http://www.igcaucus.org/unsubscribing<br />> <br />> For all other list information and functions, see:<br />> http://lists.igcaucus.org/info/governance<br />> To edit your profile and to find the IGC's charter, see:<br />> http://www.igcaucus.org/<br />> <br />> Translate this email: http://translate.google.com/translate_t<br />> </blockquote>