[governance] Draft statement on Nairobi meeting programme

Marilia Maciel mariliamaciel at gmail.com
Sun Jan 23 11:10:19 EST 2011


Thanks for the encouragement, Lee.


Please, guys, take a look at the draft below and tell me what you think. I
am not really sure about the title. I would prefer to frame it in a positive
way (ex: expressly talk about A2K), but my feeling is that being more
specific on what we want would give more strength to the proposal. In
addition, I have a feeling that A2K is sometimes wrongly perceived in IGF as
too theoretical or ideological, and people try to confine this debate to
fora like WIPO, despite a clear intersection with IG.


On the other hand, putting two controversial topics on the same sentence (IP
and human rights) might not help much... Suggestions are welcome!


*Intellectual property enforcement online and its impact on development and
human rights
*


Recently there has been a change in the international intellectual property
regime. Rather than substantive law harmonization, international IP
norm-setting is now promoting an enforcement agenda, an increasingly
punitive response to counterfeiting and piracy now being discussed in many
national and international institutions. It is an emerging matrix of new
laws, regulations, technologies, and public and private initiatives designed
to police the use of intellectual property, specially in the digital
environment.


New international standards require countries to increase the level and
territorial extent of intellectual property rights. This trend has
developmental impacts, as countries become less free to support open
platforms for learning, innovating, sharing and producing, while being
required to raise the amount spent on knowledge-based inputs.


The enforcement agenda also impacts the exercise of rights online. The
adoption of laws that follow the model of “graduate response” in several
countries around the world reveals the trade-offs between the enforcement
agenda and human rights, such as the right to receive and impart
information, the right to privacy and consumer´s rights. Moreover, it puts
ISPs in the position of an “Internet police”, with the role to oversight
internet users.


Governance of knowledge and Internet governance become deeply intertwined in
the context of an information society. The debate of this theme in a
multistakeholder forum, such as the IGF, would help to reach a more round
understanding about the impact of this enforcement agenda on human rights,
more specifically on access to knowledge, and on the ability to innovate
online.


On Sun, Jan 23, 2011 at 12:47 AM, Lee W McKnight <lmcknigh at syr.edu> wrote:

> Hi,
>
> A quick word of encouragement for Marila to draft a fourth possible a2k
> theme, can't hurt right.
>
> But in general I am fine with Jeremy's distillation of three workable
> themes
>
> Lee
>
>
> ________________________________________
> From: governance-request at lists.cpsr.org [governance-request at lists.cpsr.org]
> On Behalf Of Marilia Maciel [mariliamaciel at gmail.com]
> Sent: Saturday, January 22, 2011 7:02 PM
> To: governance at lists.cpsr.org
> Subject: Re: [governance] Draft statement on Nairobi meeting programme
>
> Hi Jeremy,
>
> I did not suggest it as a forth theme, since you said that we generally
> only put forward three topics. If you guys believe that a fourth theme
> should be added, I would be happy to draft a text. If three themes seem to
> be the best way to go, I would like to ask us to *really* make A2K present
> in all discussions as you suggested. For that, we will need to carefully
> think about the approach and the names of speakers for the main sessions,
> who could link A2K with NN, transborder issues, etc. Of course, workshop
> proposals would be also important to reach a more rounded understanding of
> these interplays.
>
> Marília
>
>
> On Sat, Jan 22, 2011 at 9:46 PM, Jeremy Malcolm <jeremy at ciroap.org<mailto:
> jeremy at ciroap.org>> wrote:
> On 23/01/2011, at 6:04 AM, Marilia Maciel wrote:
> While I agree with your approach that makes A2K a transversal issue, I
> believe it is very important that we go beyond words and really mainstream
> it on the debates.
> Marilia and Ian, I'm not sure from your comments if you are both saying
> that you want to see us putting forward a separate fourth theme (since I
> don't see anyone suggesting that we should remove one of the existing three
> themes).  Could you clarify and, if that is what you are saying, perhaps
> suggest some text?
>
>
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-- 
Centro de Tecnologia e Sociedade
FGV Direito Rio

Center for Technology and Society
Getulio Vargas Foundation
Rio de Janeiro - Brazil
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