[governance] Brazilian Internet Principles

linda misek-falkoff ldmisekfalkoff at gmail.com
Tue Feb 23 17:11:45 EST 2010


Dear Siva:

So if networks themselves get accredited with rights and duties, what will
be the proportions of the famous (phrase) "artificial intellgene and natural
stupidity" in the mix. (?)

Warmly, Linda M F.

2010/2/23 Sivasubramanian Muthusamy <isolatedn at gmail.com>

> 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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-- 
Disclaimer:  Individual post.
LDMF.
Dr. Linda D. Misek-Falkoff
> 914 769 3652
> law /  computing / humanities:


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