[governance] [Bill-of-Rights] Rights in IG research
Jaco Aizenman
skorpio at gmail.com
Tue Aug 12 02:06:36 EDT 2008
Constitutional Courts. In USA for example, the US Supreme Court.
On 8/10/08, Jeffrey A. Williams <jwkckid1 at ix.netcom.com> wrote:
> Jaco, Lisa and all,
>
> I fully support a comprehensive Internet Bill of Rights. What
> I always come back to though, is if broadly adopted, whom would
> enforce them for all? The UN? ICANN?, the ITU?, US Congress,
> or some other governmental entity?
>
> Jaco Aizenman wrote:
>
>> Dear Lisa,
>>
>> Thank you for the FoE link, which is very impressive and I support.
>> Let me know if I can help in any way the FoE from Costa Rica.
>>
>> Please also note that a new virtual personality fundamental right is
>> complementary to FoE, and can enhance even more the FoE initiative. Of
>> course it has to be done in the right way....
>>
>> If Constitutional Courts worldwide will have a clear and good virtual
>> personality fundamental right (Internet rights) it will be much easier
>> to implement fully the FoE initiative and vice versa.
>>
>> Don´ t you like or support the first, worldwide, "internet right",
>> made a few months ago by the German Constitutional Court?.
>>
>> Thanks a lot for your time.
>>
>> Best regards,
>>
>> Jaco
>>
>>
>>
>> On Fri, Aug 8, 2008 at 5:31 AM, Lisa
>> Horner <lisa at global-partners.co.uk> wrote:
>>
>> Hi Max and all
>>
>> Thanks for your interest in what we're doing. I'm equally
>> interested in your work and in exploring potentials for
>> collaboration. Maybe we could start a 'research ideas' and
>> 'research in progress' page on the bill of rights wiki?
>>
>> Apologies in advance for the length of this email – those
>> who aren't interested can delete email or go into skim-read
>> mode now!
>>
>> The research we're doing is as part of the ongoing Freedom
>> of Expression Project. I think I've mentioned before that
>> we're working with 6 key partner organizations in different
>> countries to develop policy principles that, if adhered to,
>> would shape a global communications environment that would
>> support human rights and a 'public interest' communications
>> environment. They address issues spanning infrastructure,
>> code and content. The latest draft of the principles is
>> available and open for comment at
>>
>> http://www.freedomofexpression.org.uk/resources/public+interest+principles+for+the+networked+communications+environment.
>>
>> The principles and values that they express are purposefully
>> broad so that they can be tailored to specific contexts.
>> The idea is for them to provide an overarching framework for
>> policy discussion and advocacy at different scales. For
>> example, our project partners are currently working to
>> elaborate what they might mean in different country
>> contexts, and this in turn will provide the foundations for
>> policy work. A major aim is to identify spaces where
>> different stakeholders can agree that they share certain
>> values and principles, and work to shape policy accordingly.
>>
>> We have been working to base all of our work so far in
>> international human rights standards, in particular freedom
>> of expression, the right to culture and the right to
>> participation in government. We've taken an expansive
>> definition of freedom of expression that many (but not all)
>> human rights institutions and lawyers around the world
>> take. This includes positive dimensions of freedom of
>> expression, including the notion that governments are
>> responsible for putting the necessary
>> structures/infrastructures in place for the right to be
>> realized. Incidentally, that's why I don't believe that we
>> need to be advocating for new rights such as the right to
>> the internet or to communication. The sentiments and
>> demands expressed by these 'new' rights are already
>> contained within the human rights system. In my opinion,
>> our energy should be focused on further developing and
>> upholding what we have already, for example, further
>> embedding expansive definitions of freedom of expression in
>> rights and policy institutions. And, as Anriette and Milton
>> importantly pointed out, in furthering/developing
>> understanding about what international rights standards and
>> compliance with them actually means in practice.
>>
>> The research that I referred to before is intended to
>> contribute to this effort, illustrating how an expansive
>> definition of freedom of expression is being supported in
>> contemporary legal and philosophical thought and case law,
>> and identifying areas where further work needs to be done.
>> It is taking our policy principles framework as a starting
>> point, ensuring that it is firmly rooted in the
>> international human rights system. In this way, if the
>> framework was used as a basis for policy discussion, human
>> rights standards would effectively be 'mainstreamed' within
>> the discussions.
>>
>> Whilst I'm sure some would make the argument that these
>> aren't IG issues, we hope that we're making a positive
>> contribution towards ensuring that the 'shared norms and
>> principles that shape the use and evolution of the internet'
>> are rooted in human rights standards. These are the most
>> widely accepted and acknowledged ethical standards in the
>> world, which (in reference to earlier conversations) is why
>> it makes sense to us to work with them and build on them,
>> rather than try to reinvent or disregard them.
>>
>> I'll leave it there for now, but I'm interested to hear
>> anybody's thoughts on the work we're doing, and am keen to
>> explore opportunities to collaborate on further research on
>> any of these issues.
>>
>> Many thanks,
>>
>> Lisa
>>
>> From:bill-of-rights-bounces at ipjustice.org
>> [mailto:bill-of-rights-bounces at ipjustice.org] On Behalf Of
>> Max Senges
>> Sent: 06 August 2008 17:36
>> To: governance at lists.cpsr.org; Anriette Esterhuysen;
>> bill-of-rights at ipjustice.org
>> Subject: [Bill-of-Rights] Rights in IG research
>> dear lisa and all
>>
>> Lisa wrote:
>> > We've just commissioned some research into how policy
>> principles based
>> > around notions such as net neutrality, interoperability,
>> universal
>> > access and content diversity can be rooted in the
>> international human
>> > rights system which will hopefully yield some interesting
>> insights...
>>
>> that sounds very interesting. Stanford lawschool's Center
>> for Internet and Society has offered to collaborate by
>> contributing research and i agreed to frame research
>> opportunities/themes for student projects to be taken up in
>> the fall.
>>
>> It would be great to team up or at least be aware of all the
>> other research undertaken to better understand a Rights
>> based approach to IG.
>>
>> Lisa could you share a bit more info about Global Partners
>> research?
>>
>> Everybody else doing research work in this area is very much
>> invited to get in touch so we can ensure we complement,
>> share and avoid duplication
>>
>> best
>> maxOn Wed, Aug 6, 2008 at 5:37 AM, Anriette Esterhuysen
>> <anriette at apc.org> wrote:
>>
>> Hallo all
>>
>> Lisa, you are correct in that the SA Human Rights Commission
>> is the appropriate
>> institution to deal with this. In fact they deal with hate
>> speech issues quite often.
>>
>> They are under-resourced, but they do do excellent work.
>> Here is their URL
>> http://www.sahrc.org.za/sahrc_cms/publish/cat_index_26.shtml
>>
>> Draft hate speech legislation has been before parlaiment a
>> few times here in South
>> Africa. I am not sure what the status is. If I remember
>> correctly the draft bill was badly
>> not well conceived and very controversial.
>>
>> I certainly think that making a formal complaint to the HRC
>> (human rights
>> commission) would the way to start if the intension is to
>> create public awareness of
>> the issue.
>>
>> It will also drive lots of traffic to the site.... which is
>> less desirable. Personally, Rui, I
>> would just ignore it.
>>
>> Lisa, I completely agree with you about the relationship
>> between rights and internet
>> governance. Sadly I think that we have lost ground since
>> WSIS. As you say there is a
>> lot of work to be done to get beyond rights rhetoric and to
>> work out what the
>> implementable rights-based public policy principles are that
>> we can work with on
>> specific issues, e.g. those you mention, for example
>> net-neutrality. APC tries to adopt
>> this approach in our access work.
>>
>> I also think that the mainstream human rights movement has
>> not engaged this terrain
>> enough, altough there are exceptions.
>>
>> Anriette
>>
>>
>> Date sent: Wed, 6 Aug 2008 12:09:58 +0100
>> From: "Lisa Horner"
>> <lisa at global-partners.co.uk>
>> To: <governance at lists.cpsr.org>,
>> "Rui Correia" <correia.rui at gmail.com>
>> Subject: RE: [governance] Taking down a site
>> [was: beijing ticket scam]
>> Send reply to: governance at lists.cpsr.org,"Lisa
>> Horner" <lisa at global-
>> partners.co.uk>
>>
>> > Echoing Ian, I wonder if it would be worth filing a
>> complaint with the
>> > South African Human Rights Commission? The SA bill of
>> rights states
>> > that freedom of expression doesn't extend to "advocacy of
>> hatred that
>> > is based on race, ethnicity, gender or religion, and that
>> constitutes
>> > incitement to cause harm." Is this supported by any other
>> legislation
>> > in SA?
>> >
>> > So many of our discussions around internet governance
>> issues can be
>> > approached from a rights perspective, but human rights
>> lawyers and
>> > institutions are usually absent from the debate. Human
>> rights and
>> > their associated tools and mechanisms are arguably one of
>> the only
>> > global governance institutions that is 'thickening' in the
>> current age
>> > of 'globalisation'. Human rights approaches also have an
>> inbuilt
>> > framework for balancing out tensions between different
>> rights and
>> > responsibilities. However, there's still a lot of work to
>> be done in
>> > bringing them up to date and ensuring that they're capable
>> of dealing
>> > with new issues, including those relating to freedom of
>> expression and
>> > the internet. I wonder if engaging directly with national
>> human
>> > rights institutions is one way of starting that process?
>> >
>> > In a way, this is linked to Anriette's comment that many
>> new campaigns
>> > around rights are a-historical. Similarly, I think that
>> they should
>> > be rooted in, or at least have a firm understanding of,
>> existing human
>> > rights institutions, both formal and informal and at all
>> scales.
>> > We've just commissioned some research into how policy
>> principles based
>> > around notions such as net neutrality, interoperability,
>> universal
>> > access and content diversity can be rooted in the
>> international human
>> > rights system which will hopefully yield some interesting
>> insights...
>> >
>> > Any thoughts?
>> >
>> > Thanks,
>> > Lisa
>>
>> ------------------------------------------------------
>> Anriette Esterhuysen, Executive Director
>> Association for Progressive Communications
>> anriette at apc.org
>> http://www.apc.org
>> PO Box 29755, Melville, South Africa. 2109
>> Tel. 27 11 726 1692
>> Fax 27 11 726 1692
>>
>> ____________________________________________________________
>>
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>>
>> --
>> -------------------------------------------------
>> "It is not the critic who counts, not the man who points out
>> how the strong man stumbled, or where the doer of deeds
>> could have done better. The credit belongs to the man who is
>> actually in the arena; whose face is marred by the dust and
>> sweat and blood; who strives valiantly; who errs and comes
>> short again and again; who knows the great enthusiasms, the
>> great devotions and spends himself in a worthy cause; ... so
>> that his place shall never be with those cold and timid
>> souls who know neither victory or defeat."
>> - THEODORE ROOSEVELT
>> (Paris Sorbonne,1910)
>>
>> -------------------------------------------------
>> Dr. Max Senges
>> Stanford Post-Doc Visiting Scholar
>> UOC Research Associate
>> Freelance Consultant
>>
>> 98 Loyola Ave., Menlo Park, California 94025
>>
>> US-Phone: (001) 650 714 9826
>>
>> www.maxsenges.com
>> www.knowledgeentrepreneur.com
>> ------------------------------------------------------------
>> _______________________________________________
>> Bill-of-Rights mailing list
>> Bill-of-Rights at ipjustice.org
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>>
>>
>>
>>
>>
>> --
>> Jaco Aizenman L.
>> My iname is =jaco (http://xri.net/=jaco)
>> XDI Board member - www.xdi.org
>> Tel/Voicemail: 506-83461570
>> Costa Rica
>>
>> What is an i-name?
>> http://en.wikipedia.org/wiki/I-name
>>
>>
>>
>> --
>> Jaco Aizenman L.
>> My iname is =jaco (http://xri.net/=jaco)
>> XDI Board member - www.xdi.org
>> Tel/Voicemail: 506-83461570
>> Costa Rica
>>
>> What is an i-name?
>> http://en.wikipedia.org/wiki/I-name
>>
>> ----------------------------------------------------------------
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>
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>
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--
Jaco Aizenman L.
My iname is =jaco (http://xri.net/=jaco)
XDI Board member - www.xdi.org
Tel/Voicemail: 506-83461570
Costa Rica
What is an i-name?
http://en.wikipedia.org/wiki/I-name
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