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

[ldmisekfalkoff at gmail.com]

Dear Ian and All here,

Thank you for the notification.

I am in accord with Jeffrey's note and appreciate the formulation.

Even more involved now in looking at issues of responsibiliies as well
rights, in multiple venues, I look forward to reading and absorbing
all the present drafts on the issues we are considering.

With very best wishes, Linda M F

(baby gmail access presently not affording spelling check; apologies
for any misses)..

On 9/10/08, Jeffrey A. Williams <jwkckid1 at ix.netcom.com> wrote:
> 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 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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>
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>
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