[governance] Call for final comments - rights as a theme for cairo

Jeffrey A. Williams jwkckid1 at ix.netcom.com
Wed Sep 10 04:55:22 EDT 2008


Sivasubramanian, and all,

  After reading a number of your posts here, I have gained what
I hope to be a healthy respect for your brand of sarcasm which
I find both humorous, and very constructive.

  That said, I agree that there is much in these "rights as a theme"
to be not reasonable.  Language and culture to be the top two
which will never be starters in any real sense, although laudable
goals or works in progress.  I also prefer a better theme, so I offer
"The users bill of rights for the Internet".

  So I would strike all language regarding "Language", "Culture",
and "Collective Rights".

Sivasubramanian Muthusamy wrote:

> Hello Ian Peter,
>
> I have stumbled on the statement "Rights to the Internet should never
> be conditional" in Fouad Bajwa's message which if incorporated
> addresses all my concerns as well.
>
> This is the very idea that I tried to convey, first by pointing to the
> fact that rights as a theme for discussion would pave way for a
> discussion on measures to enforce rights - in other words, conditions
> to guarantee rights. When that did not sink in, I tried a reverse path
> to point out possible extreme positions, Great, rights is a great
> topic, collective rights is also a great idea, Let's work to get
> different broadband price plans for men and women, free movie
> downloads for people living in the mountains. I went on to point out
> possible extremes in language based demand, which would give a hint of
> religion based or region based demands. At the risk of being quoted
> out of context, or dubbed anti-establishment, I  brought Barlow's
> draft as a fierce statement on rights, and then proposed a (draft)
> preamble to draw attention to the fundamental characteristics of the
> Internet (as first draft, to be commented and modified word for word,
> but there isn't time to do that as you have pointed out which I did
> accept). All that is out of concerns for the conditions that are
> implicit in any "approval" or even "adoption" of rights.
>
> 1. If we can include the statement "Rights to the Internet should
> never be conditional", may be the theme is better pronounced. There
> are implied obligations that go with any established right, which is
> Ok, and implied obligations differ in nature from overtly or subtly
> negotiated conditions. So we need to say "unconditional" prominently.
> Rights, in spirit, are non-negotiable.
>
> 2. I would prefer the term "Internet Rights" to "Rights" - 'Internet
> Rights' defined as "Right to Internet and Rights on the Internet".
>
> 3. The specific text that can also be included is this:
>
> "Internet is Open and Accessible and fosters Open Standards and Open
> Ecosystems. In this context the theme would also covers the right to
> the freest possible flow of information domestically and globally, the
> right to share one's creations, remix, reuse freely"
>
> Sivasubramanian Muthusamy
> India.
>
>
>
> On Thu, Sep 11, 2008 at 9:05 AM, Ian Peter <ian.peter at ianpeter.com>
> wrote:
>
>      Fouad, do you have specific words to recommend for inclusion
>      or deletion
>      here?
>
>
>
>      Ian Peter
>      Ian Peter and Associates Pty Ltd
>      PO Box 10670 Adelaide St  Brisbane 4000
>      Australia
>      Tel (+614) 1966 7772 or (+612) 6687 0773
>      www.ianpeter.com
>
>
>
>      > -----Original Message-----
>      > From: Fouad Bajwa [mailto:fouadbajwa at gmail.com]
>      > Sent: 11 September 2008 10:21
>      > To: governance at lists.cpsr..org; Ian Peter
>      > Subject: Re: [governance] Call for final comments - rights
>      as a theme for
>      > cairo
>      >
>      > IT should also be noted here that movements like Creative
>      Commons,
>      > which is in fact a nonprofit civil society organization,
>      > www.creativecommons.org are providing various IPR
>      opportunities
>      > through the concept of "Share, Remix, Reuse - Legally" and
>      there is a
>      > need to extend Creative Commons localization efforts that
>      are
>      > happening for various Jurisdictions around the world.
>      >
>      > For example a Minister of Australia recently
>      > http://creativecommons.org.au/node/189 shared:
>      > Following up the news that the National Innovation Review
>      has
>      > recommended that Australian Government should be releasing
>      material
>      > under Creative Commons licences - in a speech at the
>      Committee for
>      > Melbourne yesterday, Senator Carr gave what sounds like a
>      fairly
>      > strong endorsement of this recommendation, saying: "We are
>      and will
>      > remain a net importer of knowledge, so it is in our
>      interest to
>      > promote the freest possible flow of information
>      domestically and
>      > globally. The arguments for stepping out first on open
>      access are the
>      > same as the arguments for stepping out first on emissions
>      trading -
>      > the more willing we are to show leadership on this, we
>      more chance we
>      > have of persuading other countries to reciprocate. And if
>      we want the
>      > rest of the world to act, we have to do our bit at home."
>      >
>      > You must read how far the Creative Commons is spreading
>      out to at:
>      > http://creativecommons.org/international
>      >
>      > The is what I was stressing earlier, ignoring what exists
>      to support
>      > Human Rights will only make the process much longer and
>      more complex,
>      > recognizing that FOSS, Open Standards and Open ICT
>      Ecosystems bring to
>      > the table protection of one's creative expression,
>      opportunity to
>      > share their creations in such a way that they can share,
>      remix and
>      > reuse content freely and continue to share the freedoms
>      with other
>      > people and human beings, this is the true Spirit of the
>      Openness of
>      > the Internet!
>      >
>      > Once this is recognized, the recognition of our Universal
>      Commons
>      > (collective commons or creative commons from various
>      Jurisdictions) or
>      > the Universal Human Rights acceptance will a major target
>      to achieve
>      > and deliberate at the IGF activities.
>      >
>      > Best
>      > Fouad Bajwa
>      >
>      >
>      > On Thu, Sep 11, 2008 at 1:36 AM, Ian Peter
>      <ian.peter at ianpeter.com> wrote:
>      > > Attached a final draft for comments for this paper.
>      Please make specific
>      > > suggestions for change or deletion on list in reply to
>      this topic within
>      > 24
>      > > hours  - Google Docs is now closed.
>      > >
>      > > I must confess to not following the detail of this
>      debate, so I may have
>      > > missed some points - and Google Docs was getting messy
>      towards the end.
>      > So
>      > > any omissions are unintentional and I ask that you
>      suggest appropriate
>      > > changes.
>      > >
>      > >
>      > >
>      > > '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
>      > >
>      > >
>      > >
>      > >  One important purpose of a discourse on rights should
>      be to clarify and
>      > > reach greater consensus on how rights with respect to
>      the Internet are
>      > > defined, how they relate to pre-existing definitions of
>      human rights,
>      > and
>      > > which ones need to be internationally recognized and
>      strengthened..
>      > Within
>      > > this context, we acknowledge that, even within the civil
>      society caucus,
>      > > differences of opinion exist as to the nature of various
>      rights and
>      > > conceptual rights and the degree to which they should be
>      emphasized in
>      > > internet governance discussions.
>      > >
>      > >
>      > >
>      > > The openness and diversity of the internet provide an
>      avenue for widely
>      > > recognized (but still imperfectly enforced) basic human
>      rights: the
>      > > individual right to freedom of expression and to
>      privacy. It may also be
>      > > useful to explore if and how concepts such as positive
>      and collective
>      > rights
>      > > may be meaningful in relation to the Internet - for
>      instance,
>      > respectively,
>      > > a 'right to the Internet', or a right 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 access and
>      share
>      > information,
>      > > or as an extension of freedom of expression itself. The
>      right of the
>      > public
>      > > to access government-produced information presents
>      itself in a wholly
>      > new
>      > > manner in a digital environment, where information is
>      often 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. 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 right to participate in the
>      shaping of
>      > globally
>      > > applicable internet policies.
>      > >
>      > >
>      > >
>      > > 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, more global and digital context it
>      might be useful to
>      > > explore what the term "right to development" means.
>      > >
>      > >
>      > >
>      > > With respect to privacy rights, corporations and
>      governments are
>      > > increasingly able to extend digital tentacles into
>      people's homes and
>      > > personal devices, in manners invisible to consumers and
>      citizens.
>      > Consumers
>      > > of digital products thus face new challenges including
>      the right to know
>      > and
>      > > completely 'own' the products and services they pay for.
>      Technological
>      > > measures to monitor and control user behavior on the
>      internet are
>      > becoming
>      > > increasingly sophisticated, and often outrun public
>      policies and
>      > traditional
>      > > concepts of what rights users have.
>      > >
>      > >
>      > >
>      > > While property rights are of considerable importance,
>      their
>      > applicability
>      > > and mutations in the digital environment have led to
>      widespread
>      > political
>      > > contention over the proper scope of copyrights,
>      trademarks and patents.
>      > In
>      > > fact, intellectual property is emerging as a primary
>      area of socio-
>      > economic
>      > > conflict in the information society.  The IGF can
>      explore issues
>      > surrounding
>      > > the public interest principles which underpin
>      intellectual property
>      > claims
>      > > alongside the concept of a right to access knowledge in
>      the digital
>      > space.
>      > > It can also explore how individuals' property right to
>      own, build, test,
>      > and
>      > > use consumer electronics, computers and other forms of
>      equipment can be
>      > > reconciled with the regulation of technical
>      circumvention to protect
>      > > copyrights.
>      > >
>      > > We recognize that while it is relatively easy to
>      articulate and claim
>      > > "rights" it is much more difficult to implement and
>      enforce them. We
>      > also
>      > > recognize that rights claims can sometimes conflict or
>      compete with each
>      > > other. There can also be uncertainty about the proper
>      application of a
>      > > rights claim to a factual situation. The change in the
>      technical methods
>      > of
>      > > communication often undermines pre-existing
>      understandings of how to
>      > apply
>      > > legal categories.
>      > >
>      > >
>      > >
>      > > These complexities, however, only strengthen the case
>      for using the IGF
>      > to
>      > > explicitly discuss and debate these problems. There is
>      no other global
>      > forum
>      > > where such issues can be raised and explored in a
>      non-binding context.
>      > >
>      > > Internet governance has up to this time largely been
>      founded in
>      > technical
>      > > principles 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
>      > > rights-based framework will be appropriate for this
>      purpose.
>      > >
>      > >
>      > >
>      > > A rights-based  IG shouldn't be seen as threatening to
>      governments or
>      > > companies, but rather rights provide a set of
>      international standards
>      > and
>      > > guiding principles that can help to inform complex
>      policy decisions. It
>      > is
>      > > pertinent to recollect that WSIS called for a
>      people-centric information
>      > > society, and a rights framework helps develop
>      people-centric IG agenda
>      > and
>      > > polices.
>      > >
>      > >
>      > >
>      > > 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.
>      > >
>      > >
>      > >
>      > >
>      > >
>      > > Ian Peter
>      > >
>      > > Ian Peter and Associates Pty Ltd
>      > >
>      > > PO Box 10670 Adelaide St  Brisbane 4000
>      > >
>      > > Australia
>      > >
>      > > Tel (+614) 1966 7772 or (+612) 6687 0773
>      > >
>      > > www.ianpeter.com
>      > >
>      > >
>      > >
>      > >
>      > >
>      > >
>      ____________________________________________________________
>
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>      > >
>      > >
>      >
>      >
>      >
>      > --
>      >
>      > Regards.
>      > --------------------------
>      > Fouad Bajwa
>      >
>      ____________________________________________________________
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>
> --
> http://www.linkedin.com/in/sivasubramanianmuthusamy
>
>    ----------------------------------------------------------------
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