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

Nyangkwe Agien Aaron nyangkweagien at gmail.com
Fri Sep 12 05:39:00 EDT 2008


I Vote Yes

On 9/12/08, Milton L Mueller <mueller at syr.edu> wrote:
> I would have to vote NO because the initial paragraph with the WSIS
> Tunis Agenda's re-affirmation of FoE and privacy rights was deleted. I
> can't understand why.
>
>
>
> ________________________________
>
> From: Ian Peter [mailto:ian.peter at ianpeter.com]
> Sent: Thursday, September 11, 2008 5:52 PM
> To: governance at lists.cpsr.org
> Subject: [governance] Consensus call on rights theme - yes or no
> response required.
>
>
>
> 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
> <http://docs.google.com/RawDocContents?docID=dcskr5r9_7n2dnxhs&justBody=
> false&revision=_latest&timestamp=1220550114112&editMode=true&strip=true#
> sdfootnote3sym>  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
>
>
>
>


-- 
Aaron Agien Nyangkwe
Journalist/Outcome Mapper
Special Assistant To The President
Coach of ASAFE Camaroes Street Football Team.
ASAFE
P.O.Box 5213
Douala-Cameroon
Tel. 237 3337 55 31
Cell Phone: 237 79 34 21 32
Fax. 237 3342 29 70
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