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

Sat Sep 13 01:46:15 EDT 2008

I Vote YES 
Shaila

be as a well......sure and limitless....
but as time befits.....assume other forms ....       

--- On Fri, 9/12/08, Valeria Betancourt <valeriab at apc.org> wrote:
From: Valeria Betancourt <valeriab at apc.org>
Subject: Re: [governance] Consensus call on rights theme - yes or no response
To: governance at lists.cpsr.org
Date: Friday, September 12, 2008, 3:11 PM

Hi all, 

My vote for YES for both statements too. 

Regards, 

Valeria 

2008/9/12 Graciela Selaimen <graciela at rits.org.br>

Hi,

I vote Yes to both statements.

best,

Graciela Selaimen

Rits - Brasil

Ian Peter escreveu:

  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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-- 
Valeria Betancourt
Coordinadora / Coordinator
Programa de Políticas de TIC en América Latina / Latin American ICT Policy Programme
http://lac.derechos.apc.org

Asociación para el Progreso de las Comunicaciones / Association for
Progressive Communications, APC
http://www.apc.org

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