[governance] Consensus call on rights theme - yes or no

Wed Sep 10 21:20:57 EDT 2008

Ian and all,

  I can, and I believe our members can largely, but with
some reservations, agree with this.  The more important work
will be in the actual drafting of the specific "Rights" in the
proposed "Internet Bill of Rights".  I hope that I will be able
and welcome to participate in that effort as it is very important
to our members, and users all over the world.

  Thank you Ian for you great patience in this effort and process! >:)

Ian Peter wrote:

> Please respond within 48 hours with a YESor NO to adoption of this
> statement so it can be sent to the Secretariat before the deadline.
>
> 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.
>
> 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 peoples 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.
>
> It may also be useful to explore if and how other concepts may be
> meaningful in relation to the Internet  for instance, a right to
> access the Internet unconditional of the use being made of it (similar
> to electricity and telephone). Similarly, a right of cultural
> expression, and a right to have an Internet in ones own language,
> could inform the important IGF thematic area of cultural diversity.
>
> Other 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 along with open standards Other rights such as the right of
> association and the right to political participation may have
> important new implications in the internet age,
>
> We recognize that while it is relatively easy to articulate and claim
> rights it is much more difficult to agree on, 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 internets
> 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 shouldnt be seen as threatening, 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
>
>    ----------------------------------------------------------------
> ____________________________________________________________
> 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
>

Regards,

Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS.
div. of Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402 E-Mail
jwkckid1 at ix.netcom.com
My Phone: 214-244-4827

____________________________________________________________
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