[governance] Inputs for synthesis paper

[Parminder]

Hi All,

 

A couple of things before I propose some changes to the part of the 'rights'
text which has attracted some controversy.

 

The present exercise of proposing a rights discourse in the IGF is being
done with a clear purpose in mind, and not just as an academic pursuit. The
purpose is to make progress towards public interest based IG and internet
policy (which is the avowed objective of the IGC), in which space there is a
kind of stalemate at present. One view, expressed in our recent statement
for September consultations, is that we attempt to develop an anchor a
rights-based discourse, and thereby probably a rights-based framework in the
IGF, which could become the basis of global Internet policy regime. 

 

I think we are all agreed up to this point, which is, more or less, the
implication I draw from our stated statement. (any dissent may please be
registered.)

 

Now, my humble submission is that one must understand and appreciate that
such a rights-based discourse/framework for IG cannot be based only on FoE
and the right to privacy. If it has to have truly global legitimacy it has
to accept a greater width of rights discourse as articulated in various
parts of the world, by different people. And we all know that IG is in
substantial measure indeed global, or at least we want to keep it that way,
and therefore if we as a part of global civil society want to anchor a
rights discourse we need to be more appreciative of other people's concern,
which incidentally are a big majority. Else we cannot move on. We cannot
just go with a west-centred notions of a rights-discourse. In fact, if we
start engaging mutually, as we have seen in some recent emails on this list,
we can see that we can come close, or close enough, because at the bottom I
have this strong conviction that our concerns and values are largely shared.


 

In interest of not jeopardizing one of the few attempts we have ever made to
agree on substantive issues on this list, I propose that in the
controversial part of the text, the parts on positive rights and collective
rights vis a vis the Internet be written as something we are only visiting
and exploring. Accordingly, we can amend "Conceptions of rights and the
internet also extend to the area of positive rights.." to "Conceptions of
rights and the internet *may* also extend to the area of positive rights..".


 

So that the part

 

"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 also extend to the area of positive rights - for instance in the
area of access, where a possible right to the internet is being articulated
by some, and to collective rights such as those of cultural expression -
including the right to have an Internet in ones own language, which can
inform the important IGF thematic area of cultural diversity."

 

Reads as 

 

"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 may also extend to the area of positive rights - for instance in
the area of access, where a possible right to the internet is being
articulated by some, and to collective rights such as those of cultural
expression - including the right to have an Internet in ones own language,
which can inform the important IGF thematic area of cultural diversity."

 

Parminder

 

The full draft, if the above change is made, will now read as 

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

'Rights and the Internet' as the over-arching theme for IGF-4 in Egypt 

 

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

The IGC offers the IGF assistance in helping to shape such a discourse at
the IGF meetings, and specifically to help make 'Rights and the Internet' an
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 may also extend to the area of positive rights - for instance in
the area of access, where a possible right to the internet is being
articulated by some, and to collective rights such as those of cultural
expression - including the right to have an Internet in ones own language,
which can inform the important IGF thematic area of cultural diversity. 

Many important internet policy areas, like network neutrality, are being
framed in terms of rights, such as a right to know, access to information
and the right to share information, including perhaps freedom of expression
itself. The right to public information presents itself in a wholly new
manner in a digital environment, where digitized information is publicly
sharable at little or no extra cost. Positive acts of withholding digital
public information from citizens in fact can be looked upon as a form of
censorship. All of these rights-based conceptions may be included in the IGF
openness theme area. 

Many other rights such as the right of association and the right to
political participation may have important new implications in the internet
age, including the shaping of internet policies that best serve public
interests in these areas. 

While the internet opens unprecedented economic, social and political
opportunities in many areas, many fear that it may at the same time be
further widening economic, social and political divides. It is for this
reason that development has been a central theme for the IGF meetings to
date. In this new, much more globalized and digitized, context it might be
useful to explore what the term "right to development" means . 

Corporations are able to extend their digital tentacles of control into
people's houses and their personal devices, in a manner as yet unsuspected
by consumers. Consumers of digital products thus face new challenges
including the right
<http://docs.google.com/RawDocContents?docID=dcskr5r9_7n2dnxhs&justBody=fals
e&revision=_latest&timestamp=1220504586080&editMode=true&strip=true#sdfootno
te3sym>  to know and completely 'own' the products and services they pay
for.  

While the 'right to property' has conventionally been considered of
considerable importance, its applicability and mutations in the the digital
environment, particularly in the form of Intellectual Property rights, is
current being widely contested. In fact, this issue is emerging as a primary
area of socio-economic conflict in the information society.  The IGF can
explore issues surounding the public interest principles which underpin IPR
and the development of the concept of a right to access knowledge in the
digital space. 

Internet governance has up to this time largely been founded in technical
principles of neutrality and, increasingly, on the internet's functionality
as a giant global marketplace. With the internet becoming  increasingly
central to many social and political institutions, an alternative foundation
and conceptual framework for IG can be explored. It is the view of the IG
Caucus that a right-based framework will be may be appropriate for this
purpose. 

It is the Caucus' view that the IGF is the forum best suited to take up this
task. This process should start at the IGF, Hyderabad, where workshops on
rights issues are being planned.  These issues will also hopefully figure
prominently in the main sessions. The IGC fully expects that these
discussions will help the IGF work towards developing 'Rights and the
Internet' as the over-arching theme of the IGF-4 in Egypt. 

 

 
<http://docs.google.com/RawDocContents?docID=dcskr5r9_7n2dnxhs&justBody=fals
e&revision=_latest&timestamp=1220504586080&editMode=true&strip=true#sdfootno
te1anc> 


 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20080904/ae1b6037/attachment.htm>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.cpsr.org
To be removed from the list, send any message to:
     governance-unsubscribe at lists.cpsr.org

For all list information and functions, see:
     http://lists.cpsr.org/lists/info/governance