[bestbits] URGENT - statement commenting on draft NETmundial text to be posted 8.5 hours from now

Fri Apr 11 08:24:48 EDT 2014

Dear Jeremy,

Thanks for putting this draft to comment.

I support Jeanette's comments on Human Rights.

I would also add two brief comments:

In this paragraph I would add:

*"We endorse the inclusion of principles related to preserve an open,
decentralized, unfragmented, interconnected, interoperable, secure, stable,
resilient, sustainable, and trustworthy Internet. *

*While we acknowledge that neutrality is included in this section, we would
like to **emphasize** the recognition of the "end to end" principle and the
consequences of its respect: "net neutrality" and see an explicit reference
to the concept and term "net neutrality".*

Thanks.

Best Regards,

Fatima

2014-04-11 8:36 GMT-03:00 Mike Godwin (mgodwin at INTERNEWS.ORG) <
mgodwin at internews.org>:

> Very briefly: with regard to "the quintessential importance of human
> rights," my experience has been that "quintessential" doesn't translate as
> well into other languages as (for example) words like "fundamental" or
> "primary" do.
>
> I'd suggest something like "the fundamental importance of human rights"
> instead.
>
>
> --Mike
>
>
> --
>
> *Mike Godwin* | Senior Legal Advisor, Global Internet Policy Project
>
> mgodwin at internews.org | *Mobile* 415-793-4446
>
> *Skype* mnemonic1026
>
> *Address* 1601 R Street NW, 2nd Floor Washington, DC 20009 USA
>
>
>
> *INTERNEWS* | *Local Voices. Global Change.*
>
> www.internews.org | @internews <http://www.twitter.com/internews> |
> facebook.com/internews <http://www.facebook.com/internews>
>
> From: Jeremy Malcolm <Jeremy at Malcolm.id.au>
> Reply-To: Jeremy Malcolm <Jeremy at Malcolm.id.au>
> Date: Friday, April 11, 2014 at 1:09 AM
> To: Best Bits <bestbits at lists.bestbits.net>
>
> Subject: [bestbits] URGENT - statement commenting on draft NETmundial
> text to be posted 8.5 hours from now
>
> Yesterday the Best Bits participants who are helping to organise the
> NETmundial civil society pre-meeting on 22 April held a call about the
> meeting (more on this later), and also, thought not on the agenda, there
> was consensus that it would be strategically important to post a short
> statement about the NETmundial text that was leaked by Wikileaks on
> Wednesday (
> https://wikileaks.org/netmundial-outcome/NETmundial-EMC-Outcome-Document.pdf<https://wikileaks.org/netmundial-outcome/NETmundial-EMC-Outcome-Document.pdf%29>
> ) in order to influence the drafting process that is current underway.
>
> The statement is generally supportive of the draft but highlights the
> parts that we consider most important to preserve, particularly
> considering the points endorsed in previous BestBits submissions.
>
> Unfortunately, *the statement has to be released by 8.5 hours from now* because
> that is the next meeting of the Executive Multistakeholder Committee (EMC)
> at which the draft will be considered again. So with our apologies for the
> very short notice and limited opportunity to participate by those who were
> not on the call, here is a sign-on statement that was composed over the
> last few hours (into the late night for some):
>
> http://bestbits.net/netmundial-outcome-comments/
>
> I am also pasting it below.  If you would like to endorse it, please make
> sure that if you do so before 10:30am Brazil time, which is less than 8.5
> hours from now.  As usual, you can endorse it from the website above, not
> by replying to this email.  The statement will also be emailed to the
> Executive Multistakeholder Committee members to ensure that they receive it
> before their meeting.
>
> --- begins ---
>
> The undersigned members of the Best Bits coalition welcome the "Draft
> Outcome Document" that has been produced by the NETmundial Executive
> Multistakeholder Committee (EMC) and was submitted to the High Level
> Multistakeholder Committee on April 3, which we consider generally captures
> a balanced account of the wide range of contributions submitted by all
> stakeholders groups through the open process developed for the NETmundial
> platform.
>
> We would like to reinforce the following points from the draft document as
> a non-exhaustive list of priorities critical for the EMC and the Chair and
> Co-chairs to take into account and maintain in the structure of the draft
> as they develop the next version.
> 1) Internet Governance PrinciplesHuman Rights
>
> We welcome the fact that the draft acknowledges the quintessential
> importance of human rights, in particular the essential point that the same
> rights that people have offline must also be protected online. Human rights
> should be a foundation of Internet Governance, and all Internet Governance
> Principles and Processes should be underpinned by and in line with human
> rights. We underscore that the final outcome of NETmundial must recognize
> the inextricable link between human rights and Internet governance
> principles, policies and processes. Open and inclusive processes depend
> upon the freedoms of expression and association and are empowered by them.
> Privacy
>
> We reinforce our support for the affirmation of the right to privacy in
> the draft text. Privacy is a fundamental human right, and is central to the
> maintenance of democratic societies. It is essential to human dignity and
> it reinforces other rights, such as freedom of expression and information,
> and freedom of association, and is recognised under international human
> rights law.
> Surveillance
>
> We also endorse the explicit note about the need to avoid "arbitrary or
> unlawful collection of personal data and surveillance" by States with the
> collaboration of the business sector. It is of crucial importance in
> rebuilding trust amongst stakeholders that mass and arbitrary surveillance
> programs are brought into alignment with human rights jurisprudence and
> principles, and that transparency and oversight are strengthened.[0<http://bestbits.net/netmundial-outcome-comments/#0>
> ]
> Development and Access to the Internet
>
> We welcome the inclusion of development among the human rights that
> underpin internet governance principles . The Internet is an enabler and
> catalyst of human rights, and, ultimately, to the right to development. As
> such, we believe it is important to include a reference to the right to
> digital inclusion and affordable, high-quality access to the internet in
> the non-exclusive list of principles.
> Internet Infrastructure
>
> We endorse the inclusion of principles related to preserve an
> unfragmented, interconnected, interoperable, secure, stable, resilient,
> sustainable, and trustworthy Internet. While we acknowledge that neutrality
> is included in this section, we would like to see an explicit reference to
> the concept and term "net neutrality" as a core principle. The application
> of all these principles is essential to ensure universal and affordable
> high-quality brodband access.
> 2) Roadmap for the Future of the Internet Governance
>
> We welcome the approach of the "Draft Outcome Document" in making
> recommendations on ways to improve the Internet Governance framework so it
> can serve as a catalyst for sustainable development and promotion of human
> rights.
>
> We affirm our support for the draft document's mentions of Internet
> governance processes and institutions in which decisions are inclusive,
> open, informed, transparent and accountable, with the full involvement of
> all stakeholders, and stress that it is particularly important to ensure
> meaninful participation, with gender and regional balance and the inclusion
> of marginalized voices.
> NTIA transition and ICANN
>
> We support the draft's acknowledgement of the announced IANA transition
> away from U.S. National Telecommunications and Information Administration
> (NTIA) and its emphasis on the importance of including all stakeholders in
> the convening process, including those beyond ICANN bodies and I*
> organizations. It is important that the global multistakeholder community
> be able to participate in the discussion about the transition and in the
> transition proposal itself. Further it is important to reinforce the need
> for improved effectiveness, transparency and accountability of ICANN in the
> globalization process, as well as the separation of the policy development
> process and the IANA operations.
> Distributive and Coordinated Internet Governance
>
> We strongly welcome the option put forward in the draft of
> multi-stakeholder Internet governance coordination mechanisms, and we
> suggest it is reinforced as a recommendation, not only as an option
> "recommendable to analyze".
>
> Further analysis, monitoring and information sharing about and within the
> internet governance architecture as a whole is duly needed. It might help
> us to identify weaknesses and gaps in the coverage of important issues and,
> in light of empirical evidence, would help us evaluate the merits of any
> alternative decision making processes. A multi-stakeholder coordination
> mechanism could also be useful to promote dialogue, build consensus or at
> least provide inputs into other processes tasked with actual decision
> making.
> IGF
>
> We support the mentions about the need to strengthen the Internet
> Governance Forum (IGF) and to extend its mandate making it a permanent
> multi-stakeholder forum.
> Issues dealing with specific Internet Governance topics
>
> We reinforce the need to continue working on a multistakeholder dialogue
> to pursue institutional solutions to mass and arbitrary surveillance in
> order to guarantee the realization of several internet governance
> principles highlighted as fundamental in the draft outcome.
>
> Finally, we welcome the idea that the NETmundial findings and outcomes
> feed into other processes and forums, such as WSIS+10, IGF and other
> Internet governance discussions.
>
> We acknowledge the work done by the EMC and, as this is a non-exhaustive
> list of priority issues that we would like to reinforce, and we look
> forward to contributing further with specific text on subsequent drafts.
>
> [0] www.necessaryandproportionate.org; Judgment in Joined Cases C -
> 293/12 and C - 594/12 Digital Rights Ireland and Seitlinger and Others<http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf>
> .
>
> --
> Jeremy Malcolm PhD LLB (Hons) B Com
> Internet lawyer, ICT policy advocate, geek
> host -t NAPTR 5.9.8.5.2.8.2.2.1.0.6.e164.org|awk -F! '{print $3}'
>
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>
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-- 
*Fatima Cambronero*
Abogada-Argentina

Phone: +54 9351 5282 668
Twitter: @facambronero
Skype: fatima.cambronero
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