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

Fri Sep 12 11:50:28 EDT 2008

I vote YES...

because the various right-based issues addressed in the text are 
according to me really consensus building, even though we may not all 
agree on describing some of them as "rights" or not, and even though we 
may also have difficulty to define the consequences of this right-based 
approach. I also hope that if adopted, this over-arching theme will not 
lead to too much political and partisan debates on one or two 
controversial issues which might derives us from the real development 
issues of IGF.

Regards and thank for the good work and enriching debate

KL

Ian Peter a écrit :
>
> *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
>
>  
>

-- 
Ken Lohento
Uses and Policies of Digital Technology (ICT) Programme
Panos Institute West Africa
6 rue Calmette Dakar Sénégal
+221 33 849 16 66
www.panos-ao.org
www.cipaco.org
www.euroafrica-ict.org
http://mediatic.panos-ao.org

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