[governance] Government licensing internet

Mon Jun 6 14:18:53 EDT 2011

The  Special Rapporteur’s Report to the UN Human Rights
Council describes when Governments should regulate access and describes a
three part cumulative test.

http://documents.latimes.com/un-report-internet-rights/

The journalist who reported on the Report did not report on the tests which
I find interesting, on page 8.

There are generally accepted principles that the right to freedom of
expression can be curtailed in certain instances. Frank La Rue (Special
Rapporteur)  advises and the Report states in page 8 of the Report that any
limitation to the right of freedom of expression must pass a three-part
cumulative test (excerpt from Report are highlighted in yellow):-

 (a) It must be provided by law, which is clear and accessible to everyone
(principles of predictability and transparency); and

(b) It must pursue one of the purposes set out in article 19, paragraph 3,
of the Covenant, namely (i) to protect the rights or reputations of others,
or (ii) to protect national security or of public order, or of public health
or morals (principle of legitimacy); and

(c) It must be proven as necessary and the least restrictive means required
to achieve the purported aim (principles of necessity and proportionality).

Moreover, any legislation restricting the right to freedom of expression
must be applied by a body which is independent of any political, commercial,
or other unwarranted influences in a manner that is neither arbitrary nor
discriminatory, and with adequate safeguards against abuse, including the
possibility of challenge and remedy against its abusive application.

25. As such, legitimate types of information which may be restricted include
child pornography (to protect the rights of children),8 hate speech (to
protect the rights of affected communities),9 defamation (to protect the
rights and reputation of others against unwarranted attacks), direct and
public incitement to commit genocide (to protect the rights of others),10
and advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence (to protect the rights
of others, such as the right to life).

On Mon, Jun 6, 2011 at 11:42 PM, Louis Pouzin (well) <pouzin at well.com>wrote:

>  On Fri, Jun 3, 2011 at 3:46 PM, Imran Ahmed Shah <ias_pk at yahoo.com>wrote:
>
>>  some more coverage in the news:
>>
>> http://www.infowars.com/microsoft-proposes-government-licensing-internet-access/<http://www*.infowars.com/microsoft-proposes-government-licensing-internet-access/>
>>
>> "State should have power to block individual computers from connecting to
>> world wide web, claims Charne"
>>
>> It was posted in 2010, but it was discussed over here to and asked me to
>> about the policies and guidelines in the framework of Internet Governance.
>>
>> Thanks
>>
>> Imran
>>  ------------------------------
>>
>
>  - - -
> At first sight Scott Charney's proposal could be discarded as a joke. Since
> joking is not exactly M$ style, why would they use such a thick fig-leaf
> (calling on gov supervision) to conceal their real agenda ? Are they
> expecting some positive reaction to the prospect of a (worldwide) morality
> agency ? Quite unlikely. Are they trying to position M$ as a world leader in
> internet protection ? Perhaps. Do they have a concrete plan for exercising a
> leading role ? Well, the plan may be flawed but it does exist.
>
> Try googling *scott charney microsoft internet*, you'll get a flurry of
> links to recent Charney's speeches starting on various premises but ending
> with a recurring proposition: *M$ understands the problem, and they got
> the tools*. E.g. last parag of:
> http://www.microsoft.com/presspass/exec/charney/2011/02-15rsa2011.mspx
>
> Good old marketing spin, attract attention, and instill the message.
>
>
> ____________________________________________________________
> You received this message as a subscriber on the list:
>     governance at lists.cpsr.org
> To be removed from the list, visit:
>     http://www.igcaucus.org/unsubscribing
>
> For all other list information and functions, see:
>     http://lists.cpsr.org/lists/info/governance
> To edit your profile and to find the IGC's charter, see:
>     http://www.igcaucus.org/
>
> Translate this email: http://translate.google.com/translate_t
>
>
>

-- 
Sala

"Stillness in the midst of the noise".
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20110607/b2504afe/attachment.htm>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.cpsr.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.cpsr.org/lists/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t