[governance] Draft Statement re UN Human Rights Council

Mon Feb 27 04:56:45 EST 2012

Paul,

Please ignore my previous comment about the suggested inclusion. I ask only
that the IGF be replaced with the IGC. I think you really nailed it with
this current draft and canvassed our concerns exquisitely.

Thank you.

Kind Regards,
Sala

On Mon, Feb 27, 2012 at 8:33 AM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

> I will also comment on the Workspace. I just want to add this bit from the
> website:
>
>
>
> *The policies that shape the Internet impact not only the development of
> the technologies themselves, but also the realization of internationally
> agreed human rights, social equity and interdependence, cultural concerns,
> and both social and economic development. Our vision is that Internet
> governance should be inclusive, people centered and development oriented.
> Our contributions to the various forums relevant to Internet governance,
> will strive to ensure an information society which better enables equal
> opportunity and freedom for all.*
> We can't speak for the IGF but we can raise our views as the IGC.
>
> On Mon, Feb 27, 2012 at 8:26 AM, Salanieta T. Tamanikaiwaimaro <
> salanieta.tamanikaiwaimaro at gmail.com> wrote:
>
>> Thank you Paul for responding to the call to initiate a Draft which is no
>> easy feat especially trying to weave a complex topic that has numerous
>> issues to a cohesive succint statement.
>>
>> The Statement is now up on the Statement Workspace and open to comments
>> and contributions. Please note that we would like to release this and wrap
>> this up in time by at least the 28th February, 2012.
>>
>> Please visit: http://www.igcaucus.org/digressit/archives/34
>>
>> Kind Regards,
>> Sala
>>
>>  On Mon, Feb 27, 2012 at 4:20 AM, McTim <dogwallah at gmail.com> wrote:
>>
>>> I don't think we can speak for the entire IGF.
>>>
>>> I think it can be cut down by about 50%.  We don't need to reference
>>> evangelists or  the SOPA/PIPA bills for example.
>>>
>>> --
>>> Cheers,
>>>
>>> McTim
>>> "A name indicates what we seek. An address indicates where it is. A
>>> route indicates how we get there."  Jon Postel
>>>
>>>
>>> On 2/26/12, Paul Lehto <lehto.paul at gmail.com> wrote:
>>> > Below is a brief statement on "Human Rights on the Internet".  I have
>>> to go
>>> > offline for two and a half hours but then will be back online in case
>>> > anyone has comments, questions or additions to the text below.  At that
>>> > point I would hope to make some changes if any are suggested, then
>>> have it
>>> > posted for comment.    In general, I didn't like the title "Human
>>> Rights on
>>> > the Internet" because it makes as little sense to me as raising the
>>> > question of human rights on the mountains or in the valleys, or on the
>>> > oceans, etc.  Human rights exist everywhere, including the internet.
>>>  The
>>> > question is the constant need to keep awareness of them high
>>> >
>>> > *Human Rights on the Internet *
>>>  >
>>> > Rights without borders – also known as human rights – have met their
>>> > technological twin in the form of the global Internet, a technology
>>> without
>>> > borders.
>>> >
>>> > The open architecture of the Internet facilitates and enhances many
>>> > pre-existing human rights, including but not limited to rights of free
>>> > expression, rights of information, petition, association and assembly,
>>> > creative rights, and the right to earn a livelihood and contribute to
>>> the
>>> > culture of society.  Internet technology and design choices
>>> simultaneously
>>> > extends human interaction in multiple directions regardless of
>>> borders, at
>>> > a far lower cost, and on a more democratic basis than previously
>>> imaginable.
>>> >
>>> > This powerful symbiosis between natural birthrights and the nature of
>>> the
>>> > Internet as a rights-enhancing technology has caused discourse about
>>> the
>>> > Internet to incorporate many lofty attributes that are further fueled
>>> by
>>> > already being partially realized, causing (among other things) thought
>>> > leaders regarding the Internet to sometimes be referred to as
>>> > “evangelists.”  Generally speaking, these rights-enhancing aspects have
>>> > caused the Internet to reach the loftiest planes of human hope, joining
>>> > democracy and religion at the level of promising “a more abundant
>>> life” for
>>> > all, without the prominent downsides often associated with actual some
>>> > implementations of government and religion.
>>> >
>>> > If the Internet, as a network of networks, is a great force for human
>>> > flourishing, and if humans have the inborn desire to flourish under
>>> > conditions of self-determination, the most powerful question to ask
>>> > concerning rights on the Internet is not so much where these rights
>>> arise
>>> > from, or how they may be further enforced in ancient courts, but where
>>> any
>>> > claimed “right” to interfere with the freedom of the Internet arises
>>> from,
>>> > and how such a right of interference can be legitimately asserted and
>>> > enforced.  Given that the very nature of the Internet is to facilitate
>>> > behaviors often called rights and freedoms, and given that the
>>> Internet as
>>> > a whole is owner-less and international, how can any business,
>>> government,
>>> > or person both obtain a right to interfere with the freedom of the
>>> > Internet, and also legitimately enforce that right?  In this light, any
>>> > lack of clarity deemed to exist by some regarding where human rights
>>> “come
>>> > from” pales in comparison to the difficulties of coherently positing
>>> and
>>> > persuading others of a right to interfere with the freedom of others
>>> on the
>>> > Internet.  To the extent such interference becomes known publicly, it
>>> will
>>> > be highly likely to suffer the same fate as SOPA and PIPA legislation
>>> > recently did, because any such right to interfere with inherent human
>>> > rights and freedom is far more difficult to successfully theorize and
>>> > explain than the human rights we all want for ourselves, but may or
>>> may not
>>> > extend to all others equally.
>>> >
>>> > Access to the full benefits and promise of the Internet can be
>>> interfered
>>> > with or impeded at numerous levels and by numerous actors, including
>>> > businesses, governments, individuals, engineers, web designers,
>>> > administrators.    Arguably, businesses are in the position to make
>>> more
>>> > choices that actually or potentially impair or impede human rights on
>>> the
>>> > Internet than government. Some “governmental” interference with the
>>> > Internet is driven by business concern lobbying, such that much
>>> > “governmental” interference can be attributed to businesses.
>>> Regardless
>>> > of the relative amounts of responsibility one may assess to each, it is
>>> > extremely clear that both governments and businesses can and are
>>> acting in
>>> > ways that interfere with the Internet, either by failing to fully
>>> > understand the Internet, or by pursuing narrow interests over the
>>> public
>>> > interest as a whole.   Any such government or business that acts to
>>> impair
>>> > or impede the global freedom of the Internet should not be heard to
>>> claim
>>> > that they “have the Internet” (in the case of a nation that filters or
>>> > otherwise interferes) or that they “support the Internet” (in the case
>>> of a
>>> > business acting in fact to impede access to the full Internet, or
>>> censor
>>> > content, etc.)
>>> >
>>> > Although Internet companies are obliged to abide by national legal
>>> rules of
>>> > host countries, they are even more obliged to follow global human
>>> rights
>>> > laws like freedom of expression than those national laws. Claims that
>>> > domestic laws require business cooperation with censorship, etc.,
>>> should be
>>> > met with the assertion of higher laws and norms than those of a single
>>> > country.
>>> >
>>> > In the general context of market freedom, the development of new
>>> > technologies will always precede the question of the extent of their
>>> > regulation.  Yet, as human activity in the technology expands, some
>>> form of
>>> > regulation is inevitable, just as it is impossible to imagine cities
>>> > without any regulation, even though lack of regulation is possible in
>>> the
>>> > countryside or wilderness.   However, the pace of innovation and
>>> expansion
>>> > on the Internet guarantees that no regulator can sufficiently keep
>>> pace.
>>> > This requires deep commitment to human rights on the part of engineers
>>> and
>>> > others who are creating the Internet in real time.
>>> >
>>> > The pre-existing duty of all nations to support the diffusion of
>>> education
>>> > concerning human rights takes on a special urgency and importance in
>>> the
>>> > context of the Internet, because important structural and design
>>> decisions
>>> > regarding the Internet will always continue to be made by Internet
>>> > engineers and administrators at a speed and at a point in time where
>>> it is
>>> > impossible for detailed guidance or best practices to exist. In direct
>>> > effect, the “governance” of the Internet, in significant part, takes
>>> place
>>> > in real time and in diverse places, often by engineers and programmers
>>> > making design decisions, making a decentralized awareness and
>>> knowledge of
>>> > human rights norms by people working on the Internet especially
>>> critical to
>>> > preventing serious human rights issues from emerging. Knowledge about
>>> human
>>> > rights, like the Internet itself, is a form of power that not only can
>>> be
>>> > decentralized, but must be decentralized, given the diffuse points of
>>> > potential impact on rights on the Internet, and the lack of any
>>> centralized
>>> > ownership or control that can legitimately affect the whole.
>>> >
>>> > Therefore, the Internet Governance Forum (IGF) declares that the
>>> Internet
>>> > is, and by rights ought to be, a place for the full expression of human
>>> > freedoms and equality, the IGF condemns violations of human rights on
>>> the
>>> > Internet and wherever they may occur, and the IGF calls upon the United
>>> > Nations and all people to support the utmost diffusion of education
>>> about
>>> > human rights so that developers, engineers, administrators and users
>>> of the
>>> > Internet can maximize for all the value of the Internet as an
>>> enhancement
>>> > of the human experience, making ever more real the human flourishing
>>> that
>>> > is both the reality and the promise of the Internet.
>>> >
>>>
>>
>>
>>
>> --
>> Salanieta Tamanikaiwaimaro aka Sala
>>
>> Tweeter: @SalanietaT
>> Skype:Salanieta.Tamanikaiwaimaro
>> Cell: +679 998 2851
>>
>>
>>
>>
>
>
> --
> Salanieta Tamanikaiwaimaro aka Sala
>
> Tweeter: @SalanietaT
> Skype:Salanieta.Tamanikaiwaimaro
> Cell: +679 998 2851
>
>
>
>

-- 
Salanieta Tamanikaiwaimaro aka Sala

Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
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