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

[ldmisekfalkoff at gmail.com]

Accord -  YES - on similar grounds as Jeremy submits.

With best wishes, LDMF.
Dr.Linda D. Misek-Falkoff

On 9/11/08, Jeremy Malcolm <Jeremy at malcolm.id.au> wrote:
> 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
> host -t NAPTR 1.0.8.0.3.1.2.9.8.1.6.e164.org|awk -F! '{print $3}'
>
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-- 
For further I.D.:
Communications Coordination Committee for the U.N.
CONGO Education Committee
Annual U.N. DPI NGO Conference Planning Committee & Sub-Committes.
National Disability Party
International Disability Caucus
Persons with Pain International
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Member Assoc. Computing Machinery./ American Bar Assn, Trigeminal Neuralia Assn.
U.N. Mental Health Committee SubComittee on ICT.
4+ decades on Internet and Prior Nets
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