[governance] Brazilian Internet Principles
Sivasubramanian Muthusamy
isolatedn at gmail.com
Tue Feb 23 13:09:51 EST 2010
Hello Eric Dierker
If the network is 'stupid' and remains so, it can not possibly be conducting
illegal activity and it wouldn't be right to hold it responsible. Your
observation would become relevant if the networks become 'intelligent' by
commercial design as desired by the telecommunication business union, or by
narrow Governments who believe in network surveillance.
It is a complex situation. If legal provisions are created to make the
networks accountable, the networks would be forced to build in the
'intelligence' required to discriminate, which would accord the capability
for the networks to indulge in undesirable activities, as an unintended
consequence.
But in a climate of policies favorable to network neutrality, "network
immunity" becomes a relevant concept. At least it merits an open debate.
Sivasubramanian Muthusamy
*
*
On Tue, Feb 23, 2010 at 7:24 PM, Eric Dierker
<cogitoergosum at sbcglobal.net>wrote:
> Gentlefolks,
>
> This is very good work in my always, trying to be, but never humble
> opinion. There is a serious legalize type flaw however. The problem is in
> the sentenced I bolded. This language creates a bit more than even a
> presumption of innocence beyond question regarding *Networks.* Through
> the eyes of a judge this language may even suggest that a Network cannot
> legally be conducting illicit activity. Clearly what is desired here is to
> prevent attack on a Network without cause to believe they have actually done
> anything wrong. The language presents itself as saying the Networks are
> always neutral and not saying that an infact neutral network should be held
> harmless. I do not believe it is your desire to give immunity to Networks
> but rather to protect innocent neutral networks.
>
>
> --- On *Tue, 2/23/10, Sivasubramanian Muthusamy isolatedn at gmail.com><isolatedn at gmail.com%3E+wrote:>
> * wrote:
>
> Hello Andres Piazza,
>
>
> I posted this at
> http://isocmadras.blogspot.com/2010/02/inspiration-from-brazil-principles-for.html
> after making some finer changes from Carlos' text.
>
> I have changed the contents of point 7 as below:
>
> *All actions against illicit activity on the network must be aimed at
> those directly responsible for such activities (upholding the fundamental
> principles freedom, privacy and respect for human rights) and not at the
> network which is a neutral medium of access and transport*.
>
> I have changed the sub-topic heading to "Network Impunity". Does this
> sound alright and convey the idea?
>
> Thank you
> Sivasubramanian Muthusamy
>
>
>
> 2010/2/23 Andrés Piazza <andrespiazza at gmail.com<http://us.mc839.mail.yahoo.com/mc/compose?to=andrespiazza@gmail.com>
> >
>
>> Glaser, Carlos Afonso, Demi, Raquel, and all the other persons involved in
>> CGI process, I want to congratulate you all for this iniciative.
>>
>> I also put an "spanish translation" in my blog. www.andrespiazza.com if
>> some of you want to make an opinion abuout this version I´ll be glad to
>> receive that and If you want to use it, feel free.
>>
>> Regards,
>>
>> Andrés Piazza
>>
>> 2010/2/10 Sivasubramanian Muthusamy <isolatedn at gmail.com<http://us.mc839.mail.yahoo.com/mc/compose?to=isolatedn@gmail.com>
>> >
>>
>> The Brazilian Principles are exemplary. If this set of principles could
>>> inspire the Governments the world over, Internet would remain a free and
>>> open medium.
>>>
>>> The Civil Society in Brazil, or better still, the Internet Steering
>>> Committee of Brazil could proactively send this as a model document /
>>> reference document to friendly governments.
>>>
>>> Sivasubramanian Muthusamy
>>> http://www.isocmadras.com
>>>
>>>
>>>
>>>
>>>
>>> On Wed, Feb 10, 2010 at 9:45 PM, Carlos A. Afonso <ca at cafonso.ca<http://us.mc839.mail.yahoo.com/mc/compose?to=ca@cafonso.ca>
>>> > wrote:
>>>
>>>> Glaser, I have them in simple text. See below.
>>>>
>>>> []s frats
>>>>
>>>> --c.a.
>>>>
>>>> ====
>>>>
>>>> CGI.br
>>>> Internet Steering Committee in Brazil
>>>>
>>>> Principles for the Governance and Use
>>>> of the Internet in Brazil
>>>>
>>>> CGI.br/RES/2009/003/P
>>>> June 2009
>>>> http://www.cgi.br
>>>> rev.June 25 2009
>>>>
>>>> The Internet Steering Committee in Brazil - CGI.br, in its 3rd ordinary
>>>> meeting of 2009 held in NIC.br headquarters in the city of São Paulo, has
>>>> approved the following Resolution:
>>>>
>>>> CGI.br/Res/2009/03/P - PRINCIPLES FOR THE GOVERNANCE AND USE OF THE
>>>> INTERNET IN BRAZIL
>>>>
>>>> Considering the need of support and orientation for its actions and
>>>> decisions according to fundamental principles, the CGI.br decides to approve
>>>> the following Principles for the Internet in Brazil:
>>>>
>>>> 1. Freedom, privacy and human rights
>>>> The use of the Internet must be driven by the principles of freedom of
>>>> expression, individual privacy and the respect for human rights, recognizing
>>>> them as essential to the preservation of a fair and democratic society.
>>>>
>>>> 2. Democratic and collaborative governance
>>>> Internet governance must be exercised in a transparent, multilateral and
>>>> democratic manner, with the participation of the various sectors of
>>>> society, thereby preserving and encouraging its character as a collective
>>>> creation.
>>>>
>>>> 3. Universality
>>>> Internet access must be universal so that it becomes a tool for human
>>>> and social development, thereby contributing to the formation of an
>>>> inclusive and nondiscriminatory society for the benefit of all.
>>>>
>>>> 4. Diversity
>>>> Cultural diversity must be respected and preserved and its expression
>>>> must be stimulated, without the imposition of beliefs, customs or values.
>>>>
>>>>
>>>> 5. Innovation
>>>> Internet governance must promote the continuous development and
>>>> widespread dissemination of new technologies and models for access and use.
>>>>
>>>> 6. Network neutrality
>>>> Filtering or traffic privileges must meet ethical and technical criteria
>>>> only, excluding any political, commercial, religious and cultural factors or
>>>> any other form of discrimination or preferential treatment.
>>>>
>>>> 7. Network unaccountability
>>>> All action taken against illicit activity on the network must be aimed
>>>> at those directly responsible for such activities, and not at the means of
>>>> access and transport, always upholding the fundamental principles of
>>>> freedom, privacy and the respect for human rights.
>>>>
>>>> 8. Functionality, security and stability
>>>> Network stability, security and overall functionality must be actively
>>>> preserved through the adoption of technical measures that are consistent
>>>> with international standards and encourage the adoption of best practices.
>>>>
>>>> 9. Standardization and interoperability
>>>> The Internet must be based on open standards that facilitate
>>>> interoperability and enable all to participate in its development.
>>>>
>>>> 10. Legal and regulatory environments
>>>> Legal and regulatory environments must preserve the dynamics of the
>>>> Internet as a space for collaboration.
>>>>
>>>> ====
>>>>
>>>>
>>>> glaser at nic.br<http://us.mc839.mail.yahoo.com/mc/compose?to=glaser@nic.br>wrote:
>>>>
>>>>>
>>>>> See the brazilian Internet Principles ....
>>>>>
>>>>>
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