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

[Jeremy Malcolm]

I am going to vote YES despite my strong reservations about certain of  
the rights posited here, on the basis that at least this will put the  
topic of rights squarely on the agenda where the disagreements we have  
can be debated openly and in depth.  However if it would be possible  
to substitute "Internet" for "internet", all the better.

On 12/09/2008, at 5:51 AM, 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 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.
>
>
> 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 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, 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
>
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-- 
Jeremy Malcolm LLB (Hons) B Com
Internet and Open Source lawyer, IT consultant, actor
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