[governance] Re: OBJECTION ACK Re: DMP} Re: [Final draft for final comments] Letter to Pres. Rousseff

Avri Doria avri at acm.org
Thu Sep 26 09:34:01 EDT 2013


Hi,

I appreciate that this is your current position,  but it was not several months ago.  I do not have time to go through and find all the mail from Brazil that condemned the process.

That is why I supported the letter without supporting the process.  It is only the last edit that pushed me over the edge to recommending against signing.

I agree with Anja that more support of Multistakeholder governance would be helpful, but at least there had been a touch in the precious letter until it was overshadowed by the last edit.

avri

On 26 Sep 2013, at 09:19, Carlos A. Afonso wrote:

> Dear Avri, the MC has not been "hijacked by the government". It remains
> so far the same proposal civil society here endorsed when it was finally
> introduced to Congress after two years of public discussion. Like in any
> representative democracy, the process through Congress will be painful,
> and I think the letter tries to make clear that we are defending the MC
> version which retains the values expressed in the letter. We might lose
> the battle, but there is no hijacking, and the tide seems to be turning
> in our favor.
> 
> I cannot tell you how hard was our effort to get through the usual
> barriers to reach the president. And the result was in our view
> formidable -- we cannot lose momentum now. The MC is now going through a
> fast-track process and must be approved in less than three months -- we
> must make sure that what is approved is as close as possible to the
> original proposal.
> 
> So, this support is very relevant to strengthen our advocacy here at
> this moment.
> 
> fraternal regards
> 
> --c.a.
> 
> On 09/26/2013 10:04 AM, Avri Doria wrote:
>> Hi,
>> 
>> I am sorry.
>> 
>> I was satisfied with the previous version and was happy we had something supportable until the last minute changes
>> 
>> But after hearing for months, on this list and elsewhere, about how the Marco Civil had been hijacked by the government and altered, even if it started as a multistakeholder process, I do not beleive we should endorse that process.
>> 
>> So while I favored the supporting language, I do not accept anything that can show that Civil society is fine with Government driven processes that can be hijacked by the government.
>> 
>> 
>> avri
>> 
>> On 26 Sep 2013, at 08:47, Norbert Bollow wrote:
>> 
>>> [With IGC coordinator hat on]
>>> 
>>> Since Avri is objecting, we now don't have consensus.
>>> 
>>> Since we don't have time for a rough consensus call (which according to
>>> the charter requires at least 48 hours) this means that unless Avri
>>> withdraws her objection, IGC won't endorse the letter.
>>> 
>>> Greetings,
>>> Norbert
>>> 
>>> 
>>> Am Thu, 26 Sep 2013 08:37:53 -0400
>>> schrieb Carolina <carolina.rossini at gmail.com>:
>>> 
>>>> Hi Avri,
>>>> I think your conclusion about what we (Brazilians) say/think is not
>>>> totally correct. The issue around Marco Civil is much more complex.
>>>> It does have really good text and principles. There are some
>>>> contentious issues, including ISP liability, NN and data retention
>>>> and mirroring, but still is a exemplary bill and process. I would be
>>>> happy to chat with you by Skype and go over all such issues and map
>>>> how the actors are around these are in Brazil. Best, Carolina
>>>> 
>>>> Sent from my iPhone
>>>> 
>>>> On Sep 26, 2013, at 8:30 AM, Avri Doria <avri at acm.org> wrote:
>>>> 
>>>>> Hi,
>>>>> 
>>>>> Re[sectifully disagree.
>>>>> 
>>>>> We went through months of messages in various list of how the
>>>>> process for the Marco Civil had left the Civil Society and the CGI
>>>>> behind.  Until this letter, everything I was hearing from
>>>>> Brazilians was how bad Marco Civil was.  Now we have a situation
>>>>> where several countries have joined the list of countries gone
>>>>> rouge and civil society is willing to go back to government run
>>>>> models.
>>>>> 
>>>>> I disagree with the letter as currently changed, though I had
>>>>> supported it before the change.
>>>>> 
>>>>> avri
>>>>> 
>>>>> On 26 Sep 2013, at 08:20, Norbert Bollow wrote:
>>>>> 
>>>>>> [with IGC coordinator hat on]
>>>>>> 
>>>>>> If I'm reading this right, this discussion seems to have arrived at
>>>>>> what may be a consensus text. Congratulations!
>>>>>> 
>>>>>> I'd like to request that as soon as the draft text is believed to
>>>>>> have stabilized, one of the drafters post a complete copy of the
>>>>>> text, as the basis for a formal IGC consensus call.
>>>>>> 
>>>>>> Greetings,
>>>>>> Norbert
>>>>>> 
>>>>>> 
>>>>>> parminder at itforchange.net wrote:
>>>>>> 
>>>>>>> I agree...
>>>>>>> 
>>>>>>> Thanks for an excellent and quick, Joana.
>>>>>>> 
>>>>>>> 
>>>>>>>> Parminder, we reached our deadline of 9am in BRA. Lets proceed
>>>>>>>> with the endorsements, ok?
>>>>>>>> 
>>>>>>>> Marco  civil is on item 2. We could add something like this
>>>>>>>> yellow part about the process:
>>>>>>>> 
>>>>>>>> 2. Stress the importance of the timely adoption of the Brazilian
>>>>>>>> Draft Bill
>>>>>>>> of Internet Rights (Marco Civil da Internet) in a way that
>>>>>>>> upholds these principles and endorses the innovative and
>>>>>>>> democratic process in which it was conceived.
>>>>>>>> 
>>>>>>>> 
>>>>>>>> 
>>>>>>>> On Thu, Sep 26, 2013 at 1:35 PM, parminder
>>>>>>>> <parminder at itforchange.net>wrote:
>>>>>>>> 
>>>>>>>>> Joana
>>>>>>>>> 
>>>>>>>>> I am fine if I am explained why marco process cannot be
>>>>>>>>> mentioned as bring
>>>>>>>>> a part of Brazilian IG scene that should be promoted... I
>>>>>>>>> understand that
>>>>>>>>> this process is also deliberative while being consensus seeking.
>>>>>>>>> Marco Civil process is a big and a happy part of the Brazilian
>>>>>>>>> IG scene, why should bwe not mention it.
>>>>>>>>> parminder
>>>>>>>>> 
>>>>>>>>> 
>>>>>>>>> On Thursday 26 September 2013 04:57 PM, Joana Varon wrote:
>>>>>>>>> 
>>>>>>>>> Dear Parminder,
>>>>>>>>> 
>>>>>>>>> Considering the support from the others, this is as far as we
>>>>>>>>> could go:
>>>>>>>>> 
>>>>>>>>> 4. Reinforce our support for the Brazilian multistakeholder
>>>>>>>>> model for Internet governance lead by CGI.br.
>>>>>>>>> 
>>>>>>>>> Im happy you see CGI model as the whole model to be extended to
>>>>>>>>> the world.
>>>>>>>>> And we can chat a lot about it. Indeed, its a very good starting
>>>>>>>>> point. But
>>>>>>>>> it still have its problems, as every innovative way of deal with
>>>>>>>>> things. In
>>>>>>>>> fact, this letter has also the goal to straighten CGI political
>>>>>>>>> power as endorsing it as a legitim  intent. So, for the purpose
>>>>>>>>> if this and for wider consensus lets stay at this point, ok?
>>>>>>>>> The part of marco civil is already mentioned in previous
>>>>>>>>> paragraphs.
>>>>>>>>> 
>>>>>>>>> We shall publish it now at BB for collecting signatures as time
>>>>>>>>> is passing
>>>>>>>>> by. Will come up with a link asap. Hope u could help with the
>>>>>>>>> outreach.
>>>>>>>>> 
>>>>>>>>> Thanks once again for all the inputs, collaboration and
>>>>>>>>> insights.
>>>>>>>>> 
>>>>>>>>> Best.
>>>>>>>>> 
>>>>>>>>> Joana
>>>>>>>>> 
>>>>>>>>> 
>>>>>>>>> 
>>>>>>>>> 
>>>>>>>>> On Sep 26, 2013 1:00 PM, "Suresh Ramasubramanian"
>>>>>>>>> <suresh at hserus.net> wrote:
>>>>>>>>> 
>>>>>>>>>> The text is fine as it is.
>>>>>>>>>> 
>>>>>>>>>> Do any other members of the caucus feel strongly about changing
>>>>>>>>>> point 4?
>>>>>>>>>> 
>>>>>>>>>> --srs (htc one x)
>>>>>>>>>> 
>>>>>>>>>> On 26 September 2013 4:00:48 PM Joana Varon wrote:
>>>>>>>>>> 
>>>>>>>>>> Ops, just saw Parminder's emails with direct suggestions. So
>>>>>>>>>> could we go
>>>>>>>>>> for:
>>>>>>>>>> 
>>>>>>>>>> 4. Reinforce our support for the Brazilian multistakeholder
>>>>>>>>>> model for Internet governance lead by CGI.br.
>>>>>>>>>> 
>>>>>>>>>> 
>>>>>>>>>> On Thu, Sep 26, 2013 at 12:22 PM, Joana Varon
>>>>>>>>>> <joana at varonferraz.com>wrote:
>>>>>>>>>> 
>>>>>>>>>>> Hi Louis and Parminder,
>>>>>>>>>>> 
>>>>>>>>>>> Until now you were the only ones that didnt agree fully with
>>>>>>>>>>> the texto,
>>>>>>>>>>> due to paragraph 4. From what I've got:
>>>>>>>>>>> 
>>>>>>>>>>> - Parminder has a stronger take that THE Brazilian model
>>>>>>>>>>> should be extended to the world.
>>>>>>>>>>> 
>>>>>>>>>>> - Louis said that we should remove that mention on the text.
>>>>>>>>>>> 
>>>>>>>>>>> Before we start drafting the text, the issue about of
>>>>>>>>>>> multilateral vs multistakeholderism was raised and we came to
>>>>>>>>>>> a conclusion that though its
>>>>>>>>>>> not the time to criticize this specific point of Dilma's
>>>>>>>>>>> speech, we should
>>>>>>>>>>> reinforce our support for developing models for a
>>>>>>>>>>> multistakeholder approach
>>>>>>>>>>> on IG, also having CGI experiences as a inspiration.
>>>>>>>>>>> 
>>>>>>>>>>> Having in mind that for a broader endorsement we need to reach
>>>>>>>>>>> this middle ground, would you be fine with the actual version
>>>>>>>>>>> or want to submit
>>>>>>>>>>> changes in the language that don't affect this (middle ground)
>>>>>>>>>>> meaning?
>>>>>>>>>>> Thanks a lot for the understanding.
>>>>>>>>>>> 
>>>>>>>>>>> best
>>>>>>>>>>> 
>>>>>>>>>>> joana
>>>>>>>>>>> 
>>>>>>>>>>> 
>>>>>>>>>>> 
>>>>>>>>>>> On Thu, Sep 26, 2013 at 12:04 PM, Louis Pouzin (well)
>>>>>>>>>>> <pouzin at well.com>wrote:
>>>>>>>>>>> 
>>>>>>>>>>>> IMHO it would be better without parag 4.
>>>>>>>>>>>> Cheers, Louis
>>>>>>>>>>>> 
>>>>>>>>>>>> btw, for those not living there, local brazilian time is
>>>>>>>>>>>> UTC-3
>>>>>>>>>>>> - - -
>>>>>>>>>>>> 
>>>>>>>>>>>> On 26 September 2013 7:14:17 AM Joana Varon wrote:
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Dear all,
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Please, find a reduced version below. We are closing the pad
>>>>>>>>>>>>> now to avoid more crazy joined editing processes. Thanks for
>>>>>>>>>>>>> all the contributions.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Let's receive final comments about very punctual changes or
>>>>>>>>>>>>> major disagreements and gaps until tomorrow (Thursday) 9:00
>>>>>>>>>>>>> am (Brazilian time).
>>>>>>>>>>>>> Then collect endorsements through out the day.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> *Deadline for signatures will be this Thursday night, let's
>>>>>>>>>>>>> say 22:00, also Brazilian time*. So Carlos can deliver it
>>>>>>>>>>>>> in hand to President Dilma. *
>>>>>>>>>>>>> *
>>>>>>>>>>>>> 
>>>>>>>>>>>>> thanks once again,
>>>>>>>>>>>>> 
>>>>>>>>>>>>> joana
>>>>>>>>>>>>> 
>>>>>>>>>>>>> *Letter from** International C**ivil Society**
>>>>>>>>>>>>> Organizations** **to President Dilma Rousseff in support of
>>>>>>>>>>>>> her **statement at **the 68th Session of the **UNGA *
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Your Excellency,
>>>>>>>>>>>>> 
>>>>>>>>>>>>> We, the undersigned organizations and individuals from
>>>>>>>>>>>>> around the world, committed to the development of the
>>>>>>>>>>>>> Internet and its use for advancing social and economic
>>>>>>>>>>>>> justice, would like to express our strong support for the
>>>>>>>>>>>>> statement delivered this week by your Excellency
>>>>>>>>>>>>> at the 68th Session of the United Nations General Assembly.
>>>>>>>>>>>>> We commend you for taking a leading role on these issues and
>>>>>>>>>>>>> would like to:
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 1. Fully endorse the five principles enunciated on the
>>>>>>>>>>>>> occasion, in clear accordance with the Brazilian Internet
>>>>>>>>>>>>> Steering Committee*'*s* *Principles
>>>>>>>>>>>>> for the Governance and Use of the Internet.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 2. Stress the importance of the timely adoption of the
>>>>>>>>>>>>> Brazilian Draft Bill of Internet Rights (Marco Civil da
>>>>>>>>>>>>> Internet) in a way that
>>>>>>>>>>>>> upholds these principles.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 3. Commend the courage of Brazil in expressing disapproval
>>>>>>>>>>>>> and demanding explanations from the USA about the
>>>>>>>>>>>>> procedures of illegal interception of  information and
>>>>>>>>>>>>> data, framing it as a grave violation of
>>>>>>>>>>>>> human rights and of civil liberties
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 4.* *Reinforce our support for an extension into broader
>>>>>>>>>>>>> spheres of Internet Governance of the experiences from the
>>>>>>>>>>>>> Brazilian multistakeholder model of Internet governance, led
>>>>>>>>>>>>> by CGI.br, which comprises representatives from Government,
>>>>>>>>>>>>> Scientific and TechnologyCommunity,
>>>>>>>>>>>>> private sector and Civil Society on an equal footing.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> We express our deep appreciation for your serious commitment
>>>>>>>>>>>>> to social justice and development, of which an open, stable,
>>>>>>>>>>>>> and reliable
>>>>>>>>>>>>> Internet is a fundamental pillar.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Signatories:
>>>>>>>>>>> 
>>>>>>>>>>> 
>>>>>>>>>>> --
>>>>>>>>>>> --
>>>>>>>>>>> 
>>>>>>>>>>> Joana Varon Ferraz
>>>>>>>>>>> @joana_varon
>>>>>>>>>>> PGP 0x016B8E73
>>>>>>>>>> 
>>>>>>>>>> 
>>>>>>>>>> --
>>>>>>>>>> --
>>>>>>>>>> 
>>>>>>>>>> Joana Varon Ferraz
>>>>>>>>>> @joana_varon
>>>>>>>>>> PGP 0x016B8E73
>>>>>>>>> 
>>>>>>>>> ____________________________________________________________
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>>>>>>>> 
>>>>>>>> --
>>>>>>>> --
>>>>>>>> 
>>>>>>>> Joana Varon Ferraz
>>>>>>>> @joana_varon
>>>>>>>> PGP 0x016B8E73
>>>>>> 
>>>>>> 
>>>>>> ____________________________________________________________
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>>>>> 
>>>>> 
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>> 
> 
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