[governance] Facebook profiles blocked and content removed in Brazil

[parminder]

On Thursday 31 May 2012 01:37 PM, Norbert Bollow wrote:
> parminder<parminder at itforchange.net>  wrote:
>    
>> Jac, your misgivings about how civ soc will be able to influence things
>> are understandable. But it is not that with turning of a switch the
>> regulatory order will shift from the national to the global level.  In
>> making the demands for democratising global IG what is expected is
>> rather a complex interplay of global and national level of politics -
>> with certain degrees of government-ish authorities and corresponding
>> role and participative-ness of civ soc - as is appropriate to the
>> complex global-national nature of the Internet. There is no alternative
>> to such a layered national-global system
>>      
> Hmm... can you explain how the "layered national-global system"
> concept would work in practice?
>    

Norbert, I this point I only suggested it as the generic shape and form 
which political systems will need to take around the Internet, in 
response to Jac's concerns about CS's suitable points of interaction and 
influence. Seeking from this generic statement, the right solution to a 
specific problem, jumping, inter alia, the step of appropriate 
institutional arrangements, would indeed be a big leap. However I can 
try. For the start, 'Internet intermediary guidelines' should be 
developed globally, with all countries present, instead of OECD 
developing them as present! These guidelines can limit what the Internet 
intermediaries can and cannot do, and the due process of doing it, while 
giving enough quarters to local law, but also seeks certain 
harmonisations on the line of universal human rights etc. If that is 
difficult at this stage, perhaps, we can reach the level of providing 
certain set of options, with obligations to report things etc, and 
pressures build into the system to move towards higher quality 
options... as the UN human rights system operates today. It does help.

  I know some people would immediately raise the 'lowest common 
denominator' alarm, but I have great faith in global community's 
political abilities and future, and even in its currently imperfect 
representational systems (which includes soft, but increasing, 
representational power of the civil society). And if one really doesnt 
have such faith one should, perhaps, correspondingly disassociate from 
economic and social globalisation, and return to small community living.

parminder

> Suppose that someone who is not aware of what the Facebook ToS says
> exactly (as we all know, most people don't read ToS statements in
> detail, much less remember the details of whatever parts of the ToS
> they may actually have read) posts a "slut walk" picture on their
> "facebook profile", and Facebook Inc reacts by deactivating that
> "facebook profile" without warning. (Note to those who are familiar
> with Facebook's recent actions: I'd appreciate if information could
> be posted please about what actions, if any, Facebook Inc has taken
> to warn people who violate Facebook's nudity rule about the rule and
> about what it means - for example, non-native speakers of English
> could easily misunderstand "nudity" as referring only to being fully
> nude.)
>
> How would the "layered national-global system" decide whether the
> "facebook profile" is a means of communication to which the protection
> of correspondence of Article 17(1) of the International Covenant on
> Civil and Political Rights [1] applies, and whether deactivating that
> "facebook profile" without warning constitutes forbidden interference
> with such correspondence???
> [1] http://idgovmap.org/map/treaty/ICCPR
>
> Greetings,
> Norbert
>
>    
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