[governance] And yet more legal tangles...

michael gurstein gurstein at gmail.com
Mon Jun 30 14:18:06 EDT 2014


-----Original Message-----
From: InternetPolicy [mailto:internetpolicy-bounces at elists.isoc.org] On
Behalf Of Gary W Kenward
Sent: Monday, June 30, 2014 7:03 PM
To: rhill at hill-a.ch
Cc: Internet Policy ISOC List
Subject: Re: [Internet Policy] Human Rights CouncilInternet
humanrightsresolution

Regarding extra-territorial jurisdiction, a provincial judge in British
Columbia, Canada, just made a ruling that Google had to a company named
Datalink from its search engine results. And, yes, the ruling is intended to
apply to all of Googles domains.

http://www.cbc.ca/news/canada/british-columbia/google-ordered-by-b-c-judge-t
o-block-website-from-search-results-1.2679824

This should be interesting.

Gary

On 2014.06.30, at 12:44 PM, Richard Hill <rhill at hill-a.ch> wrote:

> Dear Nicolas,
> 
> Thank you very much for this.  I much appreciate the ISOC submission, 
> it is excellent.
> 
> And I also found the EFF submission to be excellent, it is at:
> 
>  
> http://www.ohchr.org/Documents/Issues/Privacy/ElectronicFrontierFounda
> tion
> .pdf
> 
> The EFF submission argues that states have responsibilities outside 
> their own territory, it analysis US and EU law and explains why the 13 
> principles at <necessaryandproportionate.org> should be adopted.
> 
> There are many other submissions, they are at:
> 
>  
> http://www.ohchr.org/EN/Issues/DigitalAge/Pages/Contributions.aspx#sta
> tes
> 
> A suggestion for the future: could you (ISCO staff) please inform us 
> that
> (1) inputs are requested (2) that ISOC is preparing a submission and 
> (3) send us the submission when it is submitted.
> 
> Thanks and best,
> Richard
> 
> -----Original Message-----
> From: InternetPolicy [mailto:internetpolicy-bounces at elists.isoc.org]On
> Behalf Of Nicolas Seidler
> Sent: lundi, 30. juin 2014 14:47
> To: Jovan Kurbalija
> Cc: Internet Policy ISOC List; Gary W Kenward
> Subject: Re: [Internet Policy] Human Rights CouncilInternet 
> humanrightsresolution
> 
> 
> Thanks a lot Nick, Jovan and others for the many insightful points.
> 
> The Internet Society has been participating in the HRC over the past 2 
> years or so. Back in 2012, we actively participated in the drafting 
> sessions of HRC Res 20/8, where we supported the introduction of the 
> notion of the "open Internet" in the Resolution (which is now also 
> well reflected in the follow-up Resolution 26/L.14.).
> 
> In the past we have also co-organized side-sessions during the HRC 
> (including one on the issue of online trust, some two weeks before the 
> Snowden disclosures:
> http://www.internetsociety.org/blog/2013/06/freedom-security-and-trust).
> 
> More recently, we made a submission to the Office of the High 
> Commissioner on Human Rights in their preparation for the digital 
> surveillance report to be release in September, where we focused on 
> providing information about the technical work going on related to
pervasive surveillance:
> http://www.ohchr.org/Documents/Issues/Privacy/ISOC.doc
> 
> We certainly plan on following closely what will happened at the HRC 
> session, and commend Diplo/GIP's efforts in building capacity for 
> diplomats in this regard. We will be working on analyzing the impact 
> of the recent HRC resolutions as well as Human Rights discussions 
> relating to IGF preparations.
> 
> As we pursue our participation in the Human Rights debate, we will 
> continue to reach out to our Members. The Human Rights agenda has now 
> impacted several fora (IGF, WSIS, HRC, etc.); receiving and sharing 
> insights within our community is critical.
> 
> Best,
> Nicolas
> 
> 
> 
> 
> 
> Nicolas Seidler
> Policy Advisor
> The Internet Society
> Geneva
> www.internetsociety.org
> 
> 
> On 30 Jun 2014, at 13:32, Jovan Kurbalija <jovank at diplomacy.edu> wrote:
> 
> 
> Nick, it is a very good point.
> 
> 
> IG will be shifting more towards HRC for human rights, especially 
> after the September session of HRC on online privacy. Human rights 
> aspects will affect Internet business model, net neutrality, 
> protection of users. you name it and you have it. One has to be aware 
> that human rights community has specific 'culture' (framing issues, 
> language, organizations). The same applies to the WTO and other 
> players who will be increasing involved in the IG-related issues. 
> Similar to the IG community, other professional communities tend to create
silos and turfs.
> 
> 
> ISOC has an important role to play in ensuring 'sync' between Internet 
> and other 'issue communities'. You can also count on the GIP's help in 
> this endeavor http://giplatform.org/
> 
> 
> As ever, Jovan
> 
> 
> Jovan Kurbalija, Phd
> Director, DiploFoundation
> WMO Building | 7bis, Avenue de la Paix | 1211 Geneva - Switzerland Tel 
> +41 (0) 22 9073632 | Mobile +41 (0) 797884226
> Email: jovank at diplomacy.edu | Twitter: @jovankurbalija
> 
> 
> Note: If you have been waiting for a reply from me, this might explain 
> my tardiness. Thank you for your patience!
> 
> 
> 
> 
> 
> 
> 
> 
> 
> On Jun 30, 2014, at 12:17 PM, Nick Ashton-Hart <nashton at consensus.pro>
> wrote:
> 
> 
> Dear Christian,
> 
> 
> All the questions you have asked are good ones. I think these are the 
> questions the community as a whole should consider, looking the broad 
> array of processes where policies that will impact the Internet are 
> being worked on.
> 
> 
> People like me - and ISOC - can help by providing information on what 
> is taking place - but some of these are well-known:
> 
> 
> HRC for human rights - vastly more useful to work on HR in this forum 
> than to host a dozen or more sessions at the IGF (such as is the case 
> this year), where the people making decisions on HR are not in the
audience.
> UNGA in NYC - where profoundly important decisions are being made 
> about the next 10 years of WSIS and how it will fit into the broader 
> development agenda being agreed upon vis a vis the MDGs.
> There are quite a few more.
> 
> 
> Since this is an ISOC list, they could do a really valuable service by 
> cataloguing all of the relevant processes (the WGEC having done a lot 
> of this already) and then convening members to understand them and 
> which ones matter, which could lead to a broader dialogue about how to 
> cover the many, many places which are presently very poorly covered, 
> or not covered at all, by this community.
> 
> 
> On 30 Jun 2014, at 11:03, Christian de Larrinaga <cdel at firsthand.net>
wrote:
> 
> 
> Dear Nick
> 
> I see the point. But the implication is that current policy feeds into 
> M-L is not representative.
> 
> The question is if I do turn up (which means getting funding and 
> release from other commitments) where to turn up, how to get M-L to 
> actually include me in their process and who or what cause do I represent
convincingly.
> 
> The world is full of these meta institutions designed for a different era.
> Which one's ? How many bodies turning up at the registration desk will 
> get the point made?
> 
> 
> Christian
> 
> 
> Nick Ashton-Hart wrote:
> Dear Christian,
> 
> 
> As was famously said: History is made by those who show up. If you 
> want to affect policy-making, you have to be present where the policy is
being made.
> It is as simple as that. Indirect engagement in multilateral 
> policymaking fora = being absent.
> 
> 
> This community is almost entirely absent from more and more of the 
> places where the decisions are being made, and not building the 
> alliances in the places where decisions will start to be made in future.
> 
> 
> On 30 Jun 2014, at 10:13, Christian de Larrinaga <cdel at firsthand.net>
wrote:
> 
> 
> Nick
> 
> Also. Is it impossible to conceive that Human Rights diplomats might 
> actually be digitally competent?
> 
> There are direct stakeholders and their are indirect one's. Getting a 
> fair representation of the balance of views and interests across the 
> piece is the challenge.  Much of that can hopefully be done by 
> engaging indirectly via education, training, awareness building so the 
> digital agenda is addressed competently.
> 
> 
> 
> Christian
> 
> Gary W Kenward wrote:
> ++1
> 
> On 2014.06.29, at 12:41 PM, Nick Ashton-Hart <nashton at consensus.pro>
wrote:
> 
> 
> If the Internet community wants to see more multistakeholderism at the 
> HRC, then it would have to :
> 
> a) Show up in sufficient numbers to be persuasive.
> B) contribute to its work and make the case for greater MS formats
> 
> It is all very well to say "they aren't multistakeholder enough" about 
> everything outside of one's favourite places but frankly that doesn't 
> actually create any change or impact anything. All too often when 
> someone like me comes along to say "hey, look at all that is going on 
> here" what I see by reply is generally dismissive complaints about the 
> process, like yours, below.
> 
> Decisions are going to continue to get taken in these fora. 
> Complaining about that isn't going to alter that fact.
> 
> I'm sorry if you don't have funding to attend. I'm sorry if you don't 
> like the process. It exists, and it produces incredibly valuable, 
> pro-Internet results. Look around at the venues you have attended in the
last 12 months.
> How many of them, whether multistakeholder or not, have actually stood 
> up in a binding form for the Internet, like the HRC has consistently? 
> The WSIS Forum, IGF - these are all talk shops.
> 
> Talk shops have real value, but if the only place you go is to talk 
> shops, you're just talking, not doing.
> 
> I'm sorry if this seems a bit blunt, but the Internet is facing 
> greater dangers than it ever has, and the places where that danger is 
> being faced are places where the traditional WSIS/ICANN/IGF "Internet 
> Community" is almost entirely absent.
> 
> On 29 Jun 2014, at 17:27, Avri Doria <avri at acm.org> wrote:
> 
> 
> 
> Hi
> 
> 
> You may believe those things, but that doesn't make them true.
> 
> 
> 
> Well I believe that is true for everyone in every case.
> Thanks for reminding us.
> 
> For all the positive value i see in the Human Rights Council work in 
> the UN, and I do follow it from afar due to a lack of funding, one can 
> hardly say that it is a multistakeholder effort.  Not when non 
> governmental speakers for the main sessions have to sit and wait in 
> expectation of a timer going off when they may be allowed to apply for 
> speaking slots of a few minutes at the end of meetings when the States 
> have mostly already left the room.
> 
> And yes, they have various side session at their Geneva meetings, but 
> it is hardly a multistakeholder discussion at this point.  Just as  
> WSIS hinted at being multistakeholder without really achieving it.
> 
> BTW are you saying you think that resolution was ready for adoption?
> 
> avri
> 
> On 29-Jun-14 16:11, Nick Ashton-Hart wrote:
> 
> Avri,
> 
> You may believe those things, but that doesn't make them true.
> 
> Some have, for quite a while, and more are coming in 2014.
> 
> * See
> http://www.ohchr.org/EN/Issues/Business/Forum/Pages/2014ForumOnBusines
> sandHu
> manRights.aspx
>  for the 2014 meeting in Geneva
> * See 
> http://www.ohchr.org/EN/Issues/Business/Pages/Members.aspx#Guaqueta
>  for the Working Group established by the UNHCR.
> * See
> http://www.ohchr.org/EN/Issues/Business/Pages/ResolutionsDecisions.asp
> x  for various resolutions of UN bodies on the subject.
> 
> Please don't take this the wrong way, but the Internet community in 
> general has been in a very narrow silo for a lvery ong time. There's a 
> lot going on vis a vis the Internet - and most of it has no connection 
> to the IGF, ICANN meetings, WSIS, or CSTD. And, more significantly, it 
> is happening in fora where there is acknowledged decision-making 
> power, which isn't the case in the traditional Internet community's 
> favourite venues with few exceptions.
> 
> On 29 Jun 2014, at 16:52, Avri Doria <avri at acm.org 
> <mailto:avri at acm.org>> wrote:
> 
> 
> Hi,
> 
> I do not believe the discussions have taken place yet.  How can 
> discussion take place with regimes who refuse to participate in a 
> multistakeholder manner? How can we have a full discussions with 
> actors who insist on isolating themselves away from multistakeholder 
> discussions and who can't even utter the word multistakeholder except 
> in condemnation? One just has to read the resolution to see how far it 
> still is from a realization that the inter-governmental decision 
> process can only act legitimately once all the stakeholders have had a 
> full and open equal footing multistakeholder discussion and have come 
> outcomes on the issues.
> 
> There have been some starts to the discussion but nothing like that 
> which is still needed.  We have certainly not yet reached 
> multistakeholder consensus on a recommendation for intergovernmental 
> action.
> 
> Until then, any action is premature and I thank the states that voted 
> against, for making sure it does not happen at the wrong time and in 
> the wrong way.
> 
> avri
> 
> 
> On 29-Jun-14 14:42, Richard Hill wrote:
> 
> I agree with Avri, except that, as indicated in the Access article 
> that Nick pointed us to, the multi-stakeholder consultations have 
> already taken place, so the time may indeed have come for negotiating 
> a treaty (also called convention), which, as Avri points out, is an 
> intergovernmental activity.
> 
> Best,
> Richard
> 
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> 
> --
> Christian de Larrinaga
> FBCS, CITP, MCMA
> -------------------------
> @ FirstHand
> -------------------------
> +44 7989 386778
> cdel at firsthand.net
> -------------------------
> 
> 
> 
> 
> 
> --
> Christian de Larrinaga
> FBCS, CITP, MCMA
> -------------------------
> @ FirstHand
> -------------------------
> +44 7989 386778
> cdel at firsthand.net
> -------------------------
> 
> 
> 
> _______________________________________________
> To manage your ISOC subscriptions or unsubscribe, please log into the 
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> 
> 
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