[governance] Inputs for synthesis paper

[Michael Gurstein]

Parminder,
 
I'm not clear as to what this paper is meant to accomplish, who its intended
audience is and how, when and in what format it will be distributed.
 
MG
 
 
 -----Original Message-----
From: Parminder [mailto:parminder at itforchange.net] 
Sent: August 27, 2008 8:15 PM
To: governance at lists.cpsr.org
Subject: [governance] Inputs for synthesis paper



Dear All

 

We had proposed IGC inputs to the synthesis paper for IGF Hyderabad on two
topics - 'rights and the Internet' and 'review of the IGF'.

 

Since no comments have come in, a draft is being proposed. We can build in
comments and suggestions into it. However if a very different starting draft
is found necessary we can do it through a working group. 

 

The synthesis paper is a place to put in substantive ideas and positions
that we may want to present. Somewhat like putting forth such ideas/
positions at the IGF meeting itself.  The paper is a good 'space' through
which we can try to reach the IGF participants. The draft is done with this
context in mind. 

 

The enclosed draft is on the issue of 'rights and the internet', and we
acknowledge the work done, and being done, by the Dynamic Coalition of
Internet Bill of Rights in this regard. I will try another, shorter, draft
on the issue of 'review of the IGF' too. 

 

It is a very rough initial draft to trigger discussion and inputs. There
must be a lot of gaps/ inconsistencies especially in capturing the rights
ecology in relation to the Internet. 

 

The deadline for sending these in is 12th September. And if do agree on
sending a contribution it has to be put through consensus process after
finalizing the text.

 

Thanks

 

Parminder  

 

IGC's input -1 to the synthesis paper for IGF, Hyderabad.

 

 'Rights and the Internet' as the over-arching theme for IGF-4, at Cairo 

 

Global internet policy making and Rights - Role of the IGF and its
constituent civil society

 

Civil Society Internet Governance Caucus (IGC) is a civil society
organization that seeks to "promote global public interest objectives in
Internet governance policy making", towards "realization of internationally
agreed human rights, social equity and interdependence, cultural concerns,
and both social and economic development". The mission of the IGC "is to
provide a forum for discussion, advocacy, action, and for representation of
civil society contributions in Internet governance processes".

 

IGF has the principal mandate and challenge of contributing to global
Internet policy making, which is beset with a formidable problem. On one
hand, it is an important emerging policy area, with a strong global mooring,
as the Internet becomes central to more and more social institutions, and on
the other hand, global political structures are, very often, either too weak
or otherwise unsuitable to be up to the challenge of effectively making
democratic and public-interest centered Internet policies. 

 

In times when there is uncertainly about appropriate institutions for policy
making, as in case of global Internet policies, it may help to first focus
on 'constitutional' principles that must underpin these polices, and inform
the activities of the institutions that are engaged in this activity - both
extant, and emerging. 

 

Some of such 'constitutional' principles are related to process. Council of
Europe and Association of Progressive Communications have been doing some
important work in this regard on the issue of "a code of conduct for public
participation in IG". There are also some other initiatives seeking to
examine how (process related) 'WSIS principles' of     mulitistakeholderism,
transparency, participation and democratic governance can be applied in the
extant IG institutions. 

 

It is however equally important to evolve some substantive 'constitutional'
principles[1] that should inform global Internet policies, and the concerned
institutional framework. WSIS called for a 'people-centric' information
society, and the way to construct such an information society is to proceed
from placing people's rights at the centre, in a manner that includes all
people of the world in their specific social contexts. Framing of such
'peoples rights in the information society' will consist in contextualizing
existing human rights to the Internet age, as well identifying new
rights-based conceptualizations that are relevant to the new and emerging
situations.

 

It is relevant to note here that much of the existing global polity, to the
extend it does exist, is based on globally agreed human rights. This
provides a good precedent for basing a global Internet policy institutional
framework on 'rights in relation to the Internet'. The WSIS Declaration of
Principles also opens with a strong reaffirmation of human rights as the
basis of shaping the emerging information society. 

 

IGF will make an important contribution to global Internet policy making if
it picks up and drives a rights-based discourse regarding the Internet and
the information society.  The ideas and principles emerging from such a
discourse can then inform institutions that actually make Internet policies,
and the shaping of new institutional frameworks, that may be required, the
possible need of which was identified by the Tunis Agenda. 

 

The Internet Governance Caucus therefore strongly recommends that 'Rights
and the Internet' be made as the overarching theme for IGF-4 in Egypt, and
the IGF-4's program be dominated by the need for developing a rights-based
discourse in the area of Internet Governance. The Caucus has already
expressed support to the letter on this subject which was sent by the
Dynamic Coalition on Internet Bill of Rights to the MAG.

 

IGC offers IGF all assistance in helping shape such a people-centered
'rights-based discourse' at the IGF meetings, and specifically to help
operationalise the proposal of making 'rights and the Internet' as the
overarching theme for IGF-4 in Egypt. 

 

A complex new emerging ecology of 'rights and the Internet'

 

Freedom of expression and openness of the Internet are underpinned by
recognized basic human rights. Privacy in the digital space is increasingly
understood as a very important Internet right. Conceptions of 'rights and
the Internet' extend to the area of  positive rights - for instance in the
area of access, where a 'right to the Internet' is being articulated by some
groups, and to collective rights like cultural rights, which can underpin
the important IGF thematic area of cultural diversity. 

 

Many important Internet policy areas, like network neutrality, are being
framed in terms of rights, like a right to know, access information[2] and
share information, including perhaps freedom of expression itself. Right to
public information takes a wholly new context in a digital environment,
where digital public information is publicly sharable at little or no extra
cost. One project looks at any 'positive acts' of withholding digital public
information from citizens as a form of censorship. All these rights-based
conception covers the IGF theme area of 'openness'. 

 

Many other rights like the right of association and the right of political
participation have important new implications in the Internet age, including
in terms of the kind of Internet policies that best serve public interest. 

 

It is a widely held fear that while the Internet gives unprecedented new
economic, social and political opportunities in many new areas, it may
further widen economic, social and political divides. It is for this reason
that 'development' has always been a central theme for all IGF meetings. In
this context, it may be useful to explore what does the 'right to
development' mean in this new, much more globalized, context. 

 

Consumers of digital products face new challenges and consumer's right[3] to
know and completely 'own' the products and services they pay for is another
important emerging area of rights. This has great relevance in a context
where corporates are able to extend their digital arms of control inside
people's houses and personal devices, in a manner largely unsuspected by the
ordinary consumers.

 

Right to property normally has been considered as an important right.
However its applicability and (remarkably quick and far-reaching) mutations
in the digital space, in form of IP rights is greatly contested. In fact,
this contestation is the primary political economy contestation of the
emerging information society. Is IP right a 'real' right? Are corporate
entities entitled to 'rights' as we understand the term 'rights'? What
public interest principles much underpin any conception of IPR? In the new
context, what is the significance of further developing the concept of a
right to access knowledge, in the digital space? 

 

Internet governance till today has largely been based, initially, on
technical principles of 'neutrality' and, increasingly, on Internet's nature
as a giant global marketplace. With Internet becoming much more that just a
technical platform or a marketplace, and central to many or most social and
political institutions, an alternative basis and conceptual framework for IG
needs to be explored. In the view of the Caucus a right-based framework will
be most appropriate to be so explored and used. It is the also Caucus's view
that the IGF is the institution best placed to take up this task. This
process should start in IGF, Hyderabad, where some workshops on 'rights
issues' are being planned, and these issues will also hopefully figure
prominently in the main sessions. These discussions will help IGF work
towards developing 'rights and the Internet' as the over-arching theme of
IGF-4 in Egypt. 

 

 

 


  _____  

[1] To quote some existing initiatives here

[2] Mentioned in TA

[3] Mentioned in TA

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