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

Fri Sep 12 17:55:35 EDT 2008

I say YES, but some reservation: I don't think this statement is  
correctly hierarchazing the different rights. We agree, should I say,  
that right to access has something controversial with the property  
right, and that the WIPO position is biased by some "owners of data"!
So let us start a new debate, out of time pressure ... and with some  
higher scientific basis.
-- 
Jacques Berleur
Facultés Universitaires Notre-Dame de la Paix
61, rue de Bruxelles
B - 5000 NAMUR
URL: http://info.fundp.ac.be/~jbl

Ian Peter <ian.peter at ianpeter.com> 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
> <http://docs.google.com/RawDocContents?docID=dcskr5r9_7n2dnxhs&justBody=fals
> e&revision=_latest&timestamp=1220550114112&editMode=true&strip=true#sdfootno
> te3sym>  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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