[governance] Draft statement on Nairobi meeting programme

Ian Peter ian.peter at ianpeter.com
Sun Jan 23 14:47:24 EST 2011


Heres a go at a more fundamental rewrite ­ just to stress and bring out a
few points . I¹ve also lessened the human rights emphasis in the wording ­
not because it is not important, but because I would like to see red
herrings that will distract from support for this debate removed. Let me
know what you think.



Access to knowledge is part of the great promise of the Internet in aiding
development, education and culture both within and between countries.

However, 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.

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. Often this puts  Internet Service Providers in
the position of an ³Internet police², 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 impacts of this agenda on  issues such as access to
knowledge, and the ability to innovate online.
   


From: Michael Gurstein <gurstein at gmail.com>
Reply-To: <governance at lists.cpsr.org>, Michael Gurstein <gurstein at gmail.com>
Date: Sun, 23 Jan 2011 11:02:20 -0800
To: <governance at lists.cpsr.org>, 'Marilia Maciel' <mariliamaciel at gmail.com>
Subject: RE: [governance] Draft statement on Nairobi meeting programme

I've made one small editorial change below... ("graduated" rather than
"graduate")..
 
I also, think there should be a paragraph in there about the ways in which
various parties are trying to build copyright protection directly into the
tech--software, hardware and I believe into carriage as well (and the
risks/implications of this... I don't have the words to write that para but
I' would guess others on the list do...
 
M
>  
>  
> -----Original Message-----
> From:  governance-request at lists.cpsr.org
> [mailto:governance-request at lists.cpsr.org]  On Behalf Of Marilia Maciel
> Sent: Sunday, January 23, 2011  8:10 AM
> To: governance at lists.cpsr.org
> Subject: Re:  [governance] Draft statement on Nairobi meeting programme
> 
>  
> 
>  
> ... 
>  
>  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 ³ graudated    response² 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 ³Internet police², 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?
>> 
>> 
>> --
>> Jeremy Malcolm
>> Project  Coordinator
>> Consumers International
>> Kuala Lumpur Office for Asia  Pacific and the Middle East
>> Lot 5-1 Wisma WIM, 7 Jalan Abang Haji Openg,  TTDI, 60000 Kuala Lumpur,
>> Malaysia
>> Tel: +60 3 7726 1599
>> Empowering  Tomorrow¹s Consumers
>> CI World Congress, 3-6 May 2011, Hong  Kong
>> Businesses, governments and civil society are invited to join  consumer
>> groups from around the world
>> for four days of debate and  discussion on the issues that matter most to
>> consumers. Register now!
>> http://www.consumersinternational.org/congress
>> Twitter  #CICongress
>> 
>> Read our email confidentiality
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>>  
>>  
>>  
>> 
>> 
>> 
>> 
>> --
>> Centro de Tecnologia e Sociedade
>> FGV  Direito Rio
>> 
>> Center for Technology and Society
>> Getulio Vargas  Foundation
>> Rio de Janeiro -  Brazil
> 
> 
> 
> -- 
> Centro  de Tecnologia e Sociedade
> FGV Direito Rio
> 
> Center for Technology and  Society
> Getulio Vargas Foundation
> Rio de Janeiro - Brazil


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