[governance] G8 Deauville Declaration

Sun May 29 09:39:49 EDT 2011

Welcome to harsh reality! Great, Jeanette.

frt rgds

--c.a.

On 05/29/2011 08:09 AM, Jeanette Hofmann wrote:
> 
> 
> 
>> P.S.: I'm well aware of the fact that people on this list have
>> different views regarding the public policy authority of governments,
>> and that's good. In my opinion, something like Germany's now
>> surprisingly quick exit from nuclear energy would not be possible in
>> a „nuclear industry led bottom-up multi-stakeholder forum“. What we
>> learned since the early years of the industrial revolution is that
>> it's sometimes helpful to have strong political power to balance
>> economic power.
> 
> Hi Michael,
> 
> Germany's exit from nuclear power is not the rule, it is the exception
> as far as public-private coordination is concerned. Governments can be
> subject to capture as much as private entities such as ICANN. If one
> compares ICANN's response to trademark lobbying it doesn't look much
> different from the response of, more or less, all OECD countries to
> intellectual property interests in general. Sadly, public authority
> doesn't often provide the independent "strong political power" able to
> balance economic power.
> 
> While it is true that a multistakeholder setting wouldn't agree on an
> exit from nuclear power, there is no guarantee that civil society
> interests are adequately reflected in government regulation. Germany's
> exist from nuclear power has to be interpreted against its historical
> background. As you probably remember, the German government had very
> recently extended the lifetime of some ancient nuclear power stations
> against the majority of the voters.
> 
> jeanette
> 
>> Cheers,
>>
>> Michael
>>
>>
>> -----Ursprüngliche Nachricht----- Von: "Kleinwächter,
>> Wolfgang"<wolfgang.kleinwaechter at medienkomm.uni-halle.de> Gesendet:
>> 28.05.2011 10:40:10 An: governance at lists.cpsr.org, "Michael
>> Leibrandt"<michael_leibrandt at web.de>, "Adam Peake"<ajp at glocom.ac.jp>,
>> governance at lists.cpsr.org Betreff: AW: [governance] G8 Deauville
>> Declaration
>>
>> Thanks Michael
>>
>> this is a helpful re-reading of the diplomatic Deauville text by
>> somebody who knows how such texts ermerge.
>>
>> Here are two additional comments:
>>
>> The first point refers to the basic values and to balance conflicting
>> values. From a CS perspective it is very helpful that freedom,
>> democracy and human rights is seen by the eight governments as a
>> central value with regard to the Internet. (para 5, 7 and others).
>> This includes that all efforts to protect other values have to
>> designed in a way that they do NOT undermine freedom, democracy and
>> human rights. The challenge - not touched by the Deauville
>> Declaration - is the right balance in the concrete areas. And here a
>> lot work ist still be done. To be frank I do not see a great step
>> forward since Geneva 2003/Tunis 2005, in contrary there are some
>> steps backwards.
>>
>> If I compare Articel 42 from the WSIS Geneva Declaration (2003) with
>> the Para.15 of the Deauville Declaration than on the first look this
>> it is more or less the same general language, lacking any precise
>> recommendation how to balance IP protection and access to knowledge.
>> But a second look tells that Deauville can be seen as a step
>> backwards from a citizens point of view. Here are the two texts:
>>
>>
>> WSIS Geneva 42: "Intellectual Property protection is important to
>> encourage innovation and creativity in the Information Society;
>> similarly, the wide dissemination, diffusion, and sharing of
>> knowledge is important to encourage innovation and creativity."
>>
>>
>> G 8 Deauville 15: "With regard to the protection of intellectual
>> property, in particular copyright, trademarks, trade secrets and
>> patens, we recognize the need to have national laws and frameworks
>> for improved enforcement. ... We are committed to identifying ways of
>> facilitating greater access and openness to knowledge, eduaction and
>> culture.
>>
>> This is very "parential" and brings the IP community into a leading
>> role that they will offer "help to identify ways" how people access
>> knowledge, education and culture. This pushes the user in a more
>> passive situation. He has to wait what the "ways" will be which
>> (generously) are offered to him (top down) for access to knowledge.
>> In my eyes, this is a step backwards.
>>
>> My second comment goes along the multistakeholder principle. It is a
>> good signal, that the G 8 support clearly in Para. 20 the
>> "multistakeholder model of Internet Governance" as a key principle.
>> Also in other Paras. the G8 refer to multistakeholderism. But if you
>> read the text very carefully, than the G 8 MS model is
>> "multistakeholderism under governmental leadership". The Deauville
>> declaration avoids the terminologgy from WGIG /WSIS which says that
>> all stakeholders participate "in their respective role" (which didn´t
>> say anything about "leadership"). In contrast the G 8 gives
>> governments a "key role". The other stakeholders are invited to help
>> to bridge the digital divide (para 19) and to stimulate the evolution
>> of the Internet economy (para.21). But if it comes to policy
>> development which results in norms and principles than the
>> non-governmental stakeholders - in the eyes of the G 8 - should just
>> "inform" the govenrment so that govenrments can make informed
>> decisions when they develop norms of behaviour and common approaches
>> in the use of cyberspace." (para. 17). This is said in the context of
>> the security paragraph (17), but the context offers that this is also
>> the G 8 proposal for general policy making in the field of
>> cyberspace. Also this is a step backwards with regard to the Tunis
>> Agenda from 2005.
>>
>> The WGIG definition, adopted by the heads of states (including the
>> G8) in 2005 says: "Internet governance is the development and
>> application by governments, the private sector and civil society, in
>> their respective roles, of shared principles, norms, rules,
>> decision-making procedures, and programmes that shape the evolution
>> and use of the Internet." The G 8 avoids to use the language of
>> "sharing" in the development of principles, norms, rules, decision
>> making procedures and programmes. The G 8 reflects the old
>> hierarchical model: Non-governmental stakeholders can inform (lobby,
>> protest etc.) governments but are excluded in the development of the
>> norms which will rule them. PDP and decison making remains in the
>> hand of the G8 governments. This is top down and not bootm up. ASnd
>> the whole process how the Deauville Declaration was drafted was also
>> not transparent.
>>
>> Anyhow it makes sense to study the text carefully and - as Michael
>> has proposed - to look also what was ignored in the text. One point
>> which is not touched by the Deauville Declaration is "Critical
>> Internet Resources" and ICANN (IGF and OECD are mentioned by name).
>>
>> Bit more deeper analysis will bring more discoveries.
>>
>> Best regards
>>
>> wolfgang
>>
>>
>> ________________________________
>>
>> Von: governance at lists.cpsr.org im Auftrag von Michael Leibrandt
>> Gesendet: Fr 27.05.2011 22:50 An: Adam Peake;
>> governance at lists.cpsr.org Betreff: Re: [governance] G8 Deauville
>> Declaration
>>
>>
>>
>>
>> Thanks Adam. Always worth reading G8 Declarations carefully, because
>> quite a number of high-level people had worked on it for months,
>> using diplomatic language in which those things left out are often
>> the real message. My very first impressions:
>>
>> "Governments, the private sector, users, and other stakeholders all
>> have a role to play in creating an environment in which the Internet
>> can flourish in a balanced manner."
>>
>> ***Even more interesting than the order is the recognition of a 4th
>> stakeholder group. Besides the users there is still a significant
>> part of the society that is - for one reason or the other - not using
>> the net but at the same being affected by the net (as pedestrians are
>> in an automotive community...). Those people don't have a voice yet,
>> and it therefore should be welcomed that the G8 made this statement.
>>
>> "In Deauville in 2011, for the first time at Leaders' level, we
>> agreed, in the presence of some leaders of the Internet economy, on a
>> number of key principles, including freedom, respect for privacy and
>> intellectual property, multi-stakeholder governance, cyber-security,
>> and protection from crime, that underpin a strong and flourishing
>> Internet."
>>
>> ***The adoption of G8 Principles on Internet Governance together with
>> key players of the business community is more than most observers
>> expected and will definitely have an influence on the future IG
>> debate.
>>
>> "These principles, together with those of non-discrimination and fair
>> competition, must continue to be an essential force behind its
>> development."
>>
>> ***This might be seen as a strong statement for Net Neutrality. Also
>> mentioned further down.
>>
>> "Their implementation must be included in a broader framework: that
>> of respect for the rule of law, human rights and fundamental
>> freedoms, the protection of intellectual property rights, which
>> inspire life in every democratic society for the benefit of all
>> citizens. We strongly believe that freedom and security, transparency
>> and respect for confidentiality, as well as the exercise of
>> individual rights and responsibility have to be achieved
>> simultaneously."
>>
>> ***This seems to be an attempt to define what "public interest" might
>> be with regard to IG.
>>
>> "In this respect, action from all governments is needed through
>> national policies, but also through the promotion of international
>> cooperation."
>>
>> ***A strong believe that even in the global Internet age nation
>> states have a role to play, but need to act hand in hand ("all").
>> Quite similiar approach as, for example, in the field of tax
>> evasion.
>>
>> "The security of networks and services on the Internet is a
>> multi-stakeholder issue."
>>
>> ***So other issues are not a multi-stakeholder issue?
>>
>> "Governments have a role to play, informed by a full range of
>> stakeholders, in helping to develop norms of behaviour and common
>> approaches in the use of cyberspace."
>>
>> ***Cleary defining a superior role for governments and a supporting
>> role for others.
>>
>> "As we support the multi-stakeholder model of Internet governance, we
>> call upon all stakeholders to contribute to enhanced cooperation
>> within and between all international fora dealing with the governance
>> of the Internet. [...] Governments have a key role to play in this
>> model."
>>
>> ***Again, "key role" points to a superior role.
>>
>> "We welcome the meeting of the e-G8 Forum which took place in Paris
>> on 24 and 25 May, on the eve of our Summit and reaffirm our
>> commitment to the kinds of multi-stakeholder efforts that have been
>> essential to the evolution of the Internet economy to date."
>>
>> ***Sentence would have sounded even better without inserting
>> "economy" at the end, so that's not by accident...
>>
>> "We look forward to the forthcoming opportunities to strengthen
>> international cooperation in all these areas, including the Internet
>> Governance Forum scheduled next September in Nairobi and other
>> relevant UN events, the OECD High Level Meeting on "The Internet
>> Economy: Generating Innovation and Growth" scheduled next June in
>> Paris, the London International Cyber Conference scheduled next
>> November, and the Avignon Conference on Copyright scheduled next
>> November, as positive steps in taking this important issue forward."
>>
>> ***Full G8 endorsement for the IGF, but has to been seen in light of
>> the statements above.
>>
>>
>> Michael
>>
>>
>>
>>
>> -----Ursprüngliche Nachricht----- Von: "Adam
>> Peake"<ajp at glocom.ac.jp> Gesendet: 27.05.2011 20:32:09 An:
>> Governance<governance at lists.cpsr.org> Betreff: [governance] G8
>> Deauville Declaration
>>
>> <http://graphics8.nytimes.com/packages/pdf/world/20110527-Deauville-G8-Declaration-Final-English.pdf>
>>
>>
>>  Nairobi IGF mentioned. Quite few references to multi- stakeholder
>> governance. Para 20: "As we support the multi-stakeholder model of
>> Internet governance, we call upon all stakeholders to contribute to
>> enhanced cooperation within and between all international fora
>> dealing with the governance of the Internet." plus "Governments have
>> a key role to play in this model."
>>
>> People less sleepy than me, please read.
>>
>> Next year?
>>
>> Adam ____________________________________________________________ You
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