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

Fri Sep 12 00:55:24 EDT 2008

I vote YES.

However, as the discussions revealed the 'right 
to Internet' issue may be given more in-depth look at the future IGF session.

Best regards,
Hakikur Rahman
SchoolNet Foundation Bangladesh

At 03:51 AM 9/12/2008, 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
>
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