[governance] suggested changes to chairs paper, paras 45 and 65

[Adam Peake]

Hi,

Couple of weeks ago I mentioned a couple of the agreed and therefore 
closed paragraphs of chairs paper chapter 3 that I thought needed 
reopening.  During intersessional discussions last week a few agreed 
paragraphs were re-opened, so it does seem possible to at least try 
to make changes.  Please see comment below.  If there's agreement 
then I will send the comment as a contribution for the resumed 
prepcom.

For info -- I sent this as a letter to Amb Khan on October 21.  No reply.

Just because they say it's closed doesn't mean we can try...

thanks,

Adam



Contribution on behalf of the Civil Society Internet Governance 
Caucus requesting changes to two paragraphs in Chapter Three (DT/10 
(Rev. 4)-E)

We realize that agreed paragraphs are considered closed, however, we 
note that the whole chapter remains in square brackets and that 
"agreed" paragraphs were reopened for discussion during the recent 
intersessional meeting.

The paragraphs we request to change are:

45 c) Civil society has also played an important role on Internet 
matters, especially at community level, and should continue to play 
such a role;

and

65. We also underline the importance of countering terrorism in all 
its forms and manifestations on the Internet, while respecting human 
rights and in compliance with other obligations under international 
law, as outlined in UNGA A/60/L.1* with reference to Art. 85 of the 
2005 World Summit Outcome. (Agreed)


About paragraph 45 c.

Civil Society made a comment during prepcom 3 to Sub-Committee A 
stating that this description of civil society's role and 
responsibility with regard to Internet governance was severely 
lacking, we suggested new text:

43 c. Civil society has played an important role on Internet matters. 
This role has ranged from capacity building at the community level to 
the contribution of much of the technological innovation and to the 
creation of much of the content that makes the Internet what it is 
today. Civil Society should continue to play such a role. 
<http://www.itu.int/wsis/docs2/pc3/contributions/sca/GLOCOM-22.doc>

We recognize that the language of para 45 c is from the Geneva 
Declaration of Principles, but also note that the text was drafted in 
the closed session held shortly before the Geneva Summit, 
consequently civil society has not had the opportunity to influence 
the description of itself a stakeholder in this process. It is clear 
that the current text of 45 c does not reflect civil society's past 
and current role in anything like an adequate and appropriate manner.

The text we read and submitted to Sub-Committee A on September 22 was 
unfortunately not considered during the meeting of the drafting group 
established to coordinate work on (then) paragraphs 43-44, and it was 
also missed from the initial compilation of comments received.

Should the text we suggest not be acceptable, then we note that the 
EU suggested a more simple change, simply to delete "especially at 
community level" leaving "Civil society has also played an important 
role on Internet matters, and should continue to play such a role;"

Our concern is not only that the description of civil society in 45 c 
is inadequate and misleading, stakeholders roles and responsibilities 
are referred to throughout the chapter (in the working definition of 
Internet governance itself, 44, and paras 41, 58, 74, and 
significantly in the contributions being considered for Section 5, 
for example para 70 in the Chair's Food For Thought paper "each of 
them in their field of competence") and we see this as a potentially 
limiting factor on civil society's future involvement in multi 
stakeholder processes.


About paragraph 65.

"We also underline the importance of countering terrorism in all its 
forms and manifestations on the Internet, while respecting human 
rights and in compliance with other obligations under international 
law, as outlined in UNGA A/60/L.1* with reference to Art. 85 of the 
2005 World Summit Outcome."

It is unclear what "manifestations" of terrorism on the Internet 
would be. The Geneva Declaration and Chapter 3 describe the Internet 
as a "global facility available to the public"; the manifestations of 
this global facility are too enormous to imagine. The language is 
dangerously ambiguous and could open doors for censorship and 
infringements on freedom of expression.  We strongly suggest that 
this paragraph be deleted.

These comments echo a statement to Sub-Committee A made by the 
Association for Progressive Communications (APC) On behalf of Civil 
Society Privacy and Security Working Group and the Civil Society 
Human Rights Caucus, 29 September 2005 
<http://www.itu.int/wsis/docs2/pc3/contributions/sca/CS-29.doc>

END
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