[governance] CSISAC Declines to Endorse OECD Communiqué on Principles for Internet Policy-Making

Tue Jun 28 06:20:34 EDT 2011

EFF Declines to Endorse OECD Communiqué on Principles for Internet
Policy-Making
*News Update <https://kittens.eff.org/blog-categories/news-update> by Katitza
Rodriguez <https://kittens.eff.org/about/staff/katitza-rodriguez>
https://www.eff.org/deeplinks/2011/06/eff-declines-endorse-oecd-communiqu-principles
*

EFF has joined with a coalition of more than 80 global civil society groups
which have declined to endorse a set of Internet Policy Principles presented
today in Paris by the Organization for Economic Co-operation and
Development<http://www.oecd.org/site/0,3407,en_21571361_47081080_1_1_1_1_1,00.html>(OECD).
EFF and the other members of the OECD’s Civil
Society Information Society Advisory Council <http://csisac.org/> (CSISAC)
were unwilling to accept the high profile OECD Communiqué on Internet
Policy-making because it could encourage states to use Internet
intermediaries to police online content, undermining freedom of expression,
privacy and innovation across the world.

EFF and CSISAC urge OECD member countries to adopt policies that protect the
open Internet and affirm existing limits on the liability of Internet
intermediaries. We oppose legal and policy frameworks that encourage
Internet intermediaries to filter and block online content or disconnect
Internet users under a “graduated response” system after alleged copyright
violations. Civil society calls on OECD member states to defend free
expression and support due process and procedural safeguards in the
protection of intellectual property rights.

Following is the press release issued by CSISAC today, and a more detailed
explanation of CSISAC members’ concerns with the text of the Communique is
available here<https://www.eff.org/issues/international/attachments/csisac-statement-oecd-communique-internet-policy-0>
.

*Civil Society Coalition Declines to Endorse OECD Communiqué on Principles
for Internet Policy-Making; Urges OECD to Reject “Voluntary” Steps For
Filtering and Blocking of Online Content *

Paris – The Civil Society Information Society Advisory Council to the
Organization for Economic Co-operation and Development (CSISAC) today
declined to endorse an OECD Communiqué on Internet Policy-making principles.
CSISAC believes that the Communiqué, which was presented today at the OECD’s
High Level Meeting on the Internet Economy in Paris, could undermine online
freedom of expression, freedom of information, the right to privacy, and
innovation across the world.

The OECD Communiqué covers a broad range of current Internet policy issues,
CSISAC supports many of the proposed principles, in particular, policies
that support the open, interoperable Internet, and multi-stakeholder policy
development processes.

CSISAC strongly supports OECD multistakeholder policy development processes
and sees much value in working at the OECD. While CSISAC appreciates the
efforts made by the OECD Secretariat and various OECD member states to
accommodate CSISAC’s concerns with the draft Communiqué, CSISAC was not able
to accept the final draft’s over-emphasis on intellectual property
enforcement at the expense of fundamental freedoms, and its movement away
from the longstanding principle in many OECD countries’ laws of granting
“mere conduit” online service providers limitations on liability for the
actions of their users.

The final Communiqué advises OECD countries to adopt policy and legal
frameworks that make Internet intermediaries responsible for taking lawful
steps to deter copyright infringement. This approach could create incentives
for Internet intermediaries to delete or block contested content, and lead
to network filtering, which would harm online expression. In addition, as
has already happened in at least one country, Internet intermediaries could
voluntarily adopt “graduated response” policies under which Internet users’
access could be terminated based solely on repeated allegations of
infringement. CSISAC believes that these measures contradict international
and European human rights law.

CSISAC is also concerned about limits on access guarantees to “lawful”
content and references to lawful behaviour throughout the Communiqué. This
language ostensibly would require Internet intermediaries or other private
parties and interests to make determinations about the legality of content
and of user behavior on their platforms and networks. Internet
intermediaries are neither competent nor appropriate parties to make such
rulings., CSISAC believes Internet intermediaries should not be responsible
for identifying infringement and enforcing intellectual property rights, and
requiring them to do so compromises transparency, accountability and due
process. All restrictions must be based on court orders obtained after due
process and judicial review.

CSISAC notes that the direction of some of the text in the Communiqué is
inconsistent with the approach taken by other intergovernmental
organizations including the United Nations and the Council of Europe, and
could result in divergent regulatory approaches across countries,
undermining the stated goal of the Communiqué to provide assistance to
policymakers in OECD member states. In his 2011 Report to the UN Human
Rights Council, the UN Special Rapporteur on Freedom of Opinion and
Expression has specifically criticized national laws that impose liability
on Internet intermediaries if they do not agree to adopt filtering and
blocking measures. Furthermore, the Rapporteur has stated that cutting off
users from Internet access, regardless of the justification provided,
including alleged violations of intellectual property rights, is
disproportionate and thus a violation of the International Covenant on Civil
and Political Rights. The Council of Europe has previously published in 2008
Recommendations to member states and Guidelines to Internet intermediaries
on measures to promote the respect for freedom of expression and information
with regard to Internet filters and in 2007 Recommendations on measures to
promote the public service value of the Internet. It is in the process of
publishing a Declaration on Internet Governance Principles.

CSISAC supports the strong emphasis on the need for multi-stakeholder
process regarding the development of Internet policy. CSISAC recognizes that
several international bodies and organizations are currently discussing
whether and how to regulate the Internet at the global level. Unlike such
intergovernmental meetings such as the recent eG8 and G8 events, in which
civil society was not invited to participate, the OECD has demonstrated
commitment to developing Internet policies in a genuine multi-stakeholder
process.

CSISAC calls on OECD member states to take a stand to combat digital
censorship and uphold international human rights standards, including the
fundamental rights to freedom of expression, to freedom of information, to
privacy and to the protection of personal data, which are the cornerstones
of democracy. Any Internet policy guidelines developed by the OECD should be
grounded in legal principles that are widely accepted, and be compliant with
international human rights standards. It is inappropriate for such
guidelines to be derived from ad hoc regulations and policy experiments that
have been adopted in a small number of countries, especially since the
impact of these regulations is still far from clear. We invite member states
of the OECD to protect the open Internet and make a public commitment to
opposing Internet filtering and blocking by intermediaries, to affirm
existing limitations on intermediaries’ liability, and to support due
process and judicial review of allegedly illegal content and behavior.

A more detailed explanation of CSISAC members’ concerns with the text of the
Communique
is available here<https://www.eff.org/issues/international/attachments/csisac-statement-oecd-communique-internet-policy-0>
.

*About OECD:*

The Organization for Economic Co-operation and Development is an
intergovernmental body that produces economic and policy analysis and
promotes policies that will improve the economic and social well-being of
people around the world. The OECD provides a forum in which its 34 member
governments can work together to share experiences and seek solutions to
common problems. Its reports and recommendations are highly influential and
have formed the basis for national laws and policies in its member states.
More information is available
here<http://www.oecd.org/pages/0,3417,en_36734052_36734103_1_1_1_1_1,00.html>

*About CSISAC:*

CSISAC is a coalition of more than 80 civil society groups and several
concerned individuals from across the globe that, since 2009, has provided
input into the development of OECD policies relating to the Internet, and
formally represents the civil society perspective at certain OECD meetings.

More information is available at: CSISAC's website <http://csisac.org/>
Contact: liaison at csisac.org
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