Dear Holly and APRALO colleagues, I confirm that I am ready and will be honored to serve another term in ICANN NomCom. Thank you for your confidence Siranush Siranush VardanyanArmenia

From: apac-discuss-request@atlarge-lists.icann.org Subject: APAC-Discuss Digest, Vol 69, Issue 1 To: apac-discuss@atlarge-lists.icann.org Date: Sat, 4 Aug 2012 08:12:03 +0000

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Today's Topics:

1. Re: Fwd: [Rigf_discuss] APrIGF 2012: Southeast Asian Civil Society Joint Statement (Karaitiana Taiuru) 2. APRALO Elections - URGENT (Holly Raiche) 3. Re: APRALO Elections - URGENT (Charles Mok (gmail)) 4. Re: APRALO Elections - URGENT (Cheryl Langdon-Orr)

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Message: 1 Date: Wed, 1 Aug 2012 09:40:57 +1200 From: "Karaitiana Taiuru" <karaitiana@taiuru.maori.nz> Subject: Re: [APAC-Discuss] Fwd: [Rigf_discuss] APrIGF 2012: Southeast Asian Civil Society Joint Statement To: <apac-discuss@atlarge-lists.icann.org> Message-ID: <01bf01cd6f65$2bdee3a0$839caae0$@taiuru.maori.nz> Content-Type: text/plain; charset="utf-8"

This is a great article and link, which I suspect that if it is not immediately applicable to your country now, it is worth considering future implications. At this stage I will refrain from making comments till I read the minutes from yesterday.

An observation which may be have already been discussed (though I could not see any notes). Was APRALO marketed at the APrIGF and in particular has any invitations to join APRALO been discussed with the Civil Society Delegates that signed the Statement of Civil Rights ?

Regards, Karaitiana Taiuru

-----Original Message----- From: apac-discuss-bounces@atlarge-lists.icann.org [mailto:apac-discuss-bounces@atlarge-lists.icann.org] On Behalf Of Cheryl Langdon-Orr Sent: Wednesday, 1 August 2012 7:46 a.m. To: APRALO Subject: [APAC-Discuss] Fwd: [Rigf_discuss] APrIGF 2012: Southeast Asian Civil Society Joint Statement

Of interest to all of us in AP with interest on IGF matters ( and I hope that is ALL of us) and as a follow up to matters discussed on yesterday's APRALO monthly call... Specifically report form Holly and comments from Fouad....

FYI *Cheryl Langdon-Orr ... **(CLO)* http://about.me/cheryl.LangdonOrr

---------- Forwarded message ---------- From: john liu <johnliu@forum-asia.org> Date: 31 July 2012 18:34 Subject: [Rigf_discuss] APrIGF 2012: Southeast Asian Civil Society Joint Statement To: sec@aprigf.asia, rigf_discuss@web2.dotasia.org, discuss@ap.rigf.asia Cc: office@elsam.or.id, pirongrong.r@gmail.com, Ed Legaspi <epl@seapa.org>, info@ictwatch.com, Moses Ngeth <moses.ch@gmail.com>, nanaicacambodia@gmail.com, Ndaru Uradn <uranduradn@gmail.com>

Dear APrIGF secretariat, MSG, et al.,

Please find attached a joint statement released today by Southeast Asian civil society delegates to the recently-concluded APrIGF in Tokyo. The statement includes our positions on issues of concern relating to the Internet that we have highlighted during the APrIGF, as well as recommendations to the MSG on improvements to the APrIGF process.

We hope that this statement will help in your work, and that some of the points will be reflected in the report to the Global IGF in Baku, as well as in discussions for the next APrIGF.

Please feel free to get back to us should you have any questions. All signatories of this statement are copied on this email.

Thank you.

Best wishes, John Liu Asian Forum for Human Rights and Development (FORUM-ASIA)

-----

Statement of Civil Society Delegates from Southeast Asia to

2012 Asia-Pacific Regional Internet Governance Forum (APrIGF)

31 July 2012

* *

*Southeast Asian Civil Society Groups Highlight Increasing Rights Violations Online, Call for Improvements to Internet Governance Processes in the Region*

* *

We, the undersigned civil society delegates from Southeast Asia who attended and participated in the 2012 Asia-Pacific Regional Internet Governance Forum (APrIGF) <http://2012.rigf.asia/> on 18-20 July 2012 in Tokyo, Japan, make this statement upon the conclusion of the meeting to highlight the concerns that we raised throughout the forum.

We engaged in this meeting with the objective of raising human rights concerns in relation to the Internet, particularly on issues of freedom of expression and access to information online, as well as the role of civil society in Internet governance and policymaking. We organised two panel discussions, namely Internet in Asia: Space for Free Expression and Information <http://2012.rigf.asia/session-c4-internet-for-asia-space-for-free-expression-information/> and Civil Society in Internet Governance/Policymaking <http://2012.rigf.asia/session-b5-civil-society-in-internet-governance-policy-making/> during the 2012 APrIGF. Through these panel discussions, as well as in other sessions that we participated in, we raised the following human rights concerns in relation to the Internet:

*Increasing censorship and attacks to online expression*

The space for free expression on the Internet is shrinking. Many governments are extending censorship and control of traditional media to the Internet. In most cases, censorship measures are implemented in a non-transparent manner, which makes it difficult to determine whether the measures taken are in accordance with international laws and standards.

In some countries, citizens who make use of the free space on the internet as bloggers, citizen journalists or social media users become targets of attacks, arrest, and/or threats by state security agents. These actions by state authorities produce a chilling effect on internet users resulting in widespread self-censorship of social and political expression for fear of reprisals from the government or its agents.

We thus call upon all governments to ensure that any measure to limit freedom of expression and the right to information are in accordance with international human rights laws and standards, particularly Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR), which allows for limitations only on narrow and clearly-defined grounds, by passing the three-part, cumulative test <http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf> following the principles of necessity, proportionality (ensuring that it is the least restrictive measure) and transparency. Furthermore, any limitation to freedom of expression, including censorship measures, must be determined by an independent judicial body, and not left to the arbitrary powers of governments or intermediaries. These parameters must apply in all circumstances including during state of emergency and in name of national security or public order.

*New laws and legislative amendments that curb freedom of speech online*

We are further alarmed by the growing number of laws and policies in Southeast Asia that negatively impact freedom of expression on the Internet. While we recognise the need to address cybercrime and legitimate national security concerns, we are concerned that such laws seek to extend media censorship and criminal defamation to the internet, and are also being used to criminalize individuals or organizations expressing or sharing legitimate social or political critique.

We reiterate that any restriction to freedom of expression on the Internet must not risk citizens rights to hold opinions without interference and to freedom of thought, conscience and religion as stipulated in Article 18 of the ICCPR, and it must not be subject to lawful derogation as outlined in UN General Comment No. 34<http://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf>. We stress that any introduction of new laws or legislative amendments, particularly those that could potentially impact human rights, must involve extensive, inclusive and meaningful public consultations. We further urge all governments in Southeast Asia to decriminalise defamation both online and offline.

Additionally, we emphasize that the rule of law and the independence of the judiciary remain among the key challenges to democracy in Southeast Asia. Law-enforcement agencies and justice systems must presume innocence until defendants are proven guilty, regardless of whether or not defamation is criminal. Certain legislation, including those laws that criminalize online speech and expression, are worth noting here as examples of legislation in Southeast Asia that warrant close monitoring of their enactment or enforcement:

Burma The 2004 Electronic Transactions Act

Cambodia The 2012 Draft Cyber-Law, the 1995 Press Law, and the 2010 Penal Code

Malaysia The 2012 Amendment to the Evidence Act and the 2011 Computing Professionals Bill

Indonesia The 2008 Law on Information and Electronic Transaction and the 2008 Law on Pornography

The Philippines The 2012 Data Privacy Act

Thailand The 2007 Computer Crimes Act, the Article 112 of the Penal Code, and the 2004 Special Case Investigation Act

Vietnam The 1999 Penal Code, the 2004 Publishing Law, the 2000 State Secrets Protection Ordinance, and the 2012 Draft Decree on Internet Management

*Intermediary liability*

We express our deep concern over the increasing pressures by governments on internet service providers and content hosts to monitor, regulate and censor online content. Consequently, such intermediaries are increasingly being held legally and criminally liable for online content, including content posted by other users.

We reiterate that the regulation of content on the Internet should be determined by an independent judicial body, and not be left to intermediaries. We further echo the call by the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression that intermediaries should not be held liable for online content.

*Violations by non-State actors, including those employed by governments*

Finally, we are alarmed at the rise of internet vigilante groups acting on behalf of governments or powerful institutions to help monitor sensitive information posted over the Internet through personal websites and social media. Such groups often target persons expressing unpopular opinions and subject them to abusive behaviour and threats. In some cases, such threats have been carried out off-line in the form of discriminatory treatment, physical attacks and even state prosecution of these targets. In addition, critical and independent websites are frequently being targeted for hacking and DDoS attacks.

We strongly remind all governments that it is their primary obligation to promote and protect human rights, and this includes protecting its citizens exercise of the right to freedom of opinion and expression from violations by non-state actors online.

*Improving the APrIGF Process*

While we support and uphold the multi-stakeholder process of the IGF, and value the opportunity to contribute to the global dialogue around these crucial issues, several aspects of the APrIGF are in need of improvement:

- Participation by governments across Asia was minimal despite the multi-stakeholder framework that this forum purports to promote. This has inevitably limited the dialogues between the different stakeholders on Internet governance in the Asia-Pacific region.

- Similarly, there was also inadequate civil society participation at the APrIGF 2012. One of the reasons to this is that there is a perception that the APrIGF is a largely ineffective forum in making needed efforts to advance human rights in cyberspace. - Multi-stakeholder discussions on and approaches to emerging human rights issues concerning the Internet were largely limited at the APrIGF 2012. - Finally, there was a marked absence or lack of critical assessment of the progress with regard to the implementation of recommendations made at the previous APrIGF. This has contributed to the perception of the APrIGF s ineffectiveness.

*Recommendations to the APrIGF Multi-stakeholder Strategy Group*

In view of these shortcomings and with the hope of improving upon the 2012 APrIGF, we offer the following recommendations to the APrIGF Multi-stakeholder Strategy Group for future iterations of this event:

? To facilitate more robust dialogue and more engagement of those participants who are not speaking on panels, we recommend *a more participatory process for sessions*, with fewer time spent on panel presentations, and more time dedicated to questions and comments from those in the audience.

? In the interest of more a diverse dialogue, we recommend that efforts be made to enlarge and broaden the spectrum of attendees at the event. Special effort should be made to *encourage government and civil society participation*, especially in view of the rare opportunity to discuss such issues within the host country. Additionally, *the affordability of the host city and the need for financial assistance *should be taken into account as a factor that may make civil society participation more or less likely.

? To encourage broader participation in session dialogues and bolster engagement of civil society, we recommend that strong efforts be made to*facilitate inbound remote participation via video conferencing*. In addition to the valuable service of live web-casting, remote participants should be empowered to ask questions and make comments within a panel. This could be facilitated with greater integration of social media, within the APrIGF website.

? To ensure that all issues are well-represented within the conversations at the APrIGF, we recommend that *at least one plenary session be dedicated to social issues in internet governance*, such as online freedom of expression, access to information and digital divide.

? To ensure that progress is made on issues discussed at the APrIGF from one year to another, we recommend that *one plenary session be dedicated to looking back at the issues raised and recommendations made at the previous APrIGF*, and critically assessing progress made on those issues.

*Recommendations to Southeast Asian governments*

* *

In addition, we make the following specific recommendations to our respective governments in Southeast Asia:

- ASEAN governments must ensure that *the ASEAN Human Rights Declaration* explicitly and unequivocally protects the right to freedom of expression and freedom of information in accordance with international human rights laws and standards. - ASEAN governments should issue a joint statement to *pronounce their commitment to uphold Internet freedom*.

- All regional governments should *involve civil society meaningfully and inclusively in Internet policymaking*, especially in drafting laws and policies that potentially impact human rights, including in regional-policy arena that involve the issues related to ICT and internet governance, such as: - Regional economic integration by 2015 under the ASEAN Economic Community (AEC). <http://www.aseansec.org/18757.htm>The AEC s areas of cooperation include a focus on internet governance, such as: enhanced infrastructure and communications connectivity ; and development of electronic transactions through e-ASEAN . Currently, the AEC encourages only business sector participation and not civil society. - The ASEAN CIO Forum <http://www.aseancioforum.com/Home.aspx> under the ASEAN ICT Master Plan 2015<http://www.aseansec.org/documents/ASEAN%20ICT%20Masterplan%202015.pdf> also opens participation only to business sectors. The forum focuses on CIO16 <http://www.aseancioforum.com/AboutUs/CIO16.aspx> and its objective is to Taking leadership in collaboration and transformation for a competitive, highly productive and envisage a concrete/positive ASEAN ICT community. The master plan aims to minimize digital divide and make ICT in the region be empowering, transformational, inclusive, vibrant, and integrated for the people by 2015. - All regional governments should attend and engage in regional IGFs to dialogue with other stakeholders, including civil society, on regional issues concerning the Internet.

Signed by:

Arthit SURIYAWONGKUL

Coordinator

Thai Netizen Network <https://thainetizen.org/>

Bangkok, Thailand

E-mail: arthit@gmail.com

Tel: +66 87 504 2221

Pirongrong RAMASOOTA

Thai Media Policy Center <http://thai-mpc.org/> Bangkok, Thailand

E-mail: pirongrong.r@gmail.com

Tel: +66 89 770 8911

Triana DYAH

Head, Information & Documentation Division

The Institute for Policy Research and Advocacy (ELSAM)<http://www.elsam.or.id/new/index.php>

Jakarta, Indonesia

E-mail: office@elsam.or.id

Tel: +62 21 7972662 , 79192564

Fax: +62 21 79192519

Edgardo LEGASPI

Alerts & Communication officer

Southeast Asian Press Alliance (SEAPA) <http://www.seapabkk.org/>

Bangkok, Thailand

E-mail: epl@seapa.org

Tel: +66 8 1116 5137

Fax: +66 2 2448749

Sean ANG

Executive Director

Southeast Asian Centre for e-Media (SEACeM) <http://seacem.com/>

Kuala Lumpur, Malaysia

E-mail: sean@seacem.com

Tel: +60 3 2284 3367

Fax: +60 3 2289 2579

Victorius (Ndaru) EPS

Jakarta, Indonesia

NGETH Moses

Communication Coordinator

Community Legal Education Center (CLEC) <http://www.clec.org.kh/>

Phnom Penh, Cambodia

E-mail: Moses@clec.org.kh

Tel: (855) 66 777 010 Fax: (855) 23 211 723

Sovathana (Nana) NEANG

Phnom Penh, Cambodia

YAP Swee Seng

Executive Director

Asian Forum for Human Rights and Development (FORUM-ASIA)<http://www.forum-asia.org/>

E-mail: yap@forum-asia.org

Tel: +66 81 868 9178 Fax: +66 2 6379128

Endorsed by:

ICT Watch (Indonesian ICT Partnership Association)

Jakarta, Indonesia

Email: info@ictwatch.com

Tel: (021) 98495770

Fax: (021) 8280691 -- John Liu East Asia (Southeast and Northeast Asia) Programme Officer Asian Forum for Human Rights and Development (FORUM-ASIA)<http://www.forum-asia.org/> 66/2 Pan Road, Silom, Bang Rak, Bangkok, 10500 Thailand Tel: +66 2 637 9126 | Fax: +66 2 637 9128

_______________________________________________ Rigf_discuss mailing list Rigf_discuss@web2.dotasia.org https://mailman.dotasia.org/mailman/listinfo/rigf_discuss

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Message: 2 Date: Sat, 4 Aug 2012 16:53:05 +1000 From: Holly Raiche <h.raiche@internode.on.net> Subject: [APAC-Discuss] APRALO Elections - URGENT To: APAC-Discuss Discuss <apac-discuss@atlarge-lists.icann.org> Message-ID: <98CDDF3E-A005-4B65-ACC1-86A219E30383@internode.on.net> Content-Type: text/plain; charset=iso-8859-1

Hi Everyone

Just a reminder of the schedule below for elections.

...

...

*1. Nominations Open:* 24 July 2012

*2. Nominations Close:* 7 August 2012

*3. Nomination Acceptance Deadline:* On or before 10 August 2012

4. *RALO selection*: Between 10-15 August 2012 (this may include a vote if desired)

*5. Result Announced: *15 August 2012 ?

As Pavan's email notes, the positions that end in 2012 are:

- APRALO rep to ALAC: Edmon currently holds this position but has advised CLO that he does not wish to continue in that role At-Large Delegate to the NomCom. (ALRALO only recommends to ALAC. It is ALAC that appooints).

- Siranush's term expires at the AGM in October. She is eligible for reelection (and the recent report from ALAC says she has done a very good job).

EDMON - PLEASE CONFIRM WHETHER YOU ARE STEPPING DOWN AS APRALO REP TO ALAC CHARLES - PLEASE CONFIRM WHETHER YOU WANT TO RESUME YOUR POSITION AS ACTING CHAIR AFTER SEPTEMBER SIRANUSH - PLEASE CONFIRM WHETHER YOU ARE PREPARED TO SERVE ANOTHER TERM

So everyone.

The positions that are open are the ALAC AP regional nomination to NOmCom (Siranush is eligible for one more term)

The nomination process can either be self nomination or nomination by someone else.

My nomination for the AP regional nominee to NomCom is Siranush (If she is willing to stand)

APRALO rep to ALAC (I have told CLO I am willing to stand for this. If I do, them we will need someone to step into my VC role until my term ends in June 2013)

Holly

------------------------------

Message: 3 Date: Sat, 4 Aug 2012 15:28:10 +0800 From: "Charles Mok (gmail)" <charlespmok@gmail.com> Subject: Re: [APAC-Discuss] APRALO Elections - URGENT To: Holly Raiche <h.raiche@internode.on.net> Cc: APAC-Discuss Discuss <apac-discuss@atlarge-lists.icann.org> Message-ID: <CAHvfLm3eVFENSZHQoFGFUCZ=QmMqAb1itrNCLhR43tE_wy93=w@mail.gmail.com> Content-Type: text/plain; charset=ISO-8859-1

Holly, Yes, I will resume duty in mid Sep.

Thank you! Charles

On Sat, Aug 4, 2012 at 2:53 PM, Holly Raiche <h.raiche@internode.on.net>wrote:

...

Hi Everyone

Just a reminder of the schedule below for elections.

...

...

*1. Nominations Open:* 24 July 2012

*2. Nominations Close:* 7 August 2012

*3. Nomination Acceptance Deadline:* On or before 10 August 2012

4. *RALO selection*: Between 10-15 August 2012 (this may include a vote if desired)

*5. Result Announced: *15 August 2012 ?

As Pavan's email notes, the positions that end in 2012 are:

- APRALO rep to ALAC: Edmon currently holds this position but has advised CLO that he does not wish to continue in that role At-Large Delegate to the NomCom. (ALRALO only recommends to ALAC. It is ALAC that appooints).

- Siranush's term expires at the AGM in October. She is eligible for reelection (and the recent report from ALAC says she has done a very good job).

EDMON - PLEASE CONFIRM WHETHER YOU ARE STEPPING DOWN AS APRALO REP TO ALAC CHARLES - PLEASE CONFIRM WHETHER YOU WANT TO RESUME YOUR POSITION AS ACTING CHAIR AFTER SEPTEMBER SIRANUSH - PLEASE CONFIRM WHETHER YOU ARE PREPARED TO SERVE ANOTHER TERM

So everyone.

The positions that are open are the ALAC AP regional nomination to NOmCom (Siranush is eligible for one more term)

The nomination process can either be self nomination or nomination by someone else.

My nomination for the AP regional nominee to NomCom is Siranush (If she is willing to stand)

APRALO rep to ALAC (I have told CLO I am willing to stand for this. If I do, them we will need someone to step into my VC role until my term ends in June 2013)

Holly

_______________________________________________ APAC-Discuss mailing list APAC-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/apac-discuss

Homepage for the region: http://www.apralo.org

------------------------------

Message: 4 Date: Sat, 4 Aug 2012 18:11:40 +1000 From: Cheryl Langdon-Orr <langdonorr@gmail.com> Subject: Re: [APAC-Discuss] APRALO Elections - URGENT To: Holly Raiche <h.raiche@internode.on.net> Cc: APAC-Discuss Discuss <apac-discuss@atlarge-lists.icann.org> Message-ID: <CADrRf+eH+kL3sEsavx+3j-w38+4qTL1AsbKA5k_XE96ChG9Fag@mail.gmail.com> Content-Type: text/plain; charset=ISO-8859-1

Holly you should note that Siranush has already accepted a re-nomination ... Also this selection process has nothing to do with Charles as Chair OR either of the .VC rolls as we rr-appointed Fouad earlier this year to serve till 2014 and you and Charles are in office (acting or otherwise) until end June 2013 ... If you .gp to ALAC then someone needs to be appointed yo serve rest of your term and ditto to Charles if he evrt steps aside for his political carreer ... Re Demon he need not .fo something he has not been nominated and unless he is silence on the matter is just fine... On Aug 4, 2012 4:55 PM, "Holly Raiche" <h.raiche@internode.on.net> wrote:

...

Hi Everyone

Just a reminder of the schedule below for elections.

...

...

*1. Nominations Open:* 24 July 2012

*2. Nominations Close:* 7 August 2012

*3. Nomination Acceptance Deadline:* On or before 10 August 2012

4. *RALO selection*: Between 10-15 August 2012 (this may include a vote if desired)

*5. Result Announced: *15 August 2012 ?

As Pavan's email notes, the positions that end in 2012 are:

- APRALO rep to ALAC: Edmon currently holds this position but has advised CLO that he does not wish to continue in that role At-Large Delegate to the NomCom. (ALRALO only recommends to ALAC. It is ALAC that appooints).

- Siranush's term expires at the AGM in October. She is eligible for reelection (and the recent report from ALAC says she has done a very good job).

EDMON - PLEASE CONFIRM WHETHER YOU ARE STEPPING DOWN AS APRALO REP TO ALAC CHARLES - PLEASE CONFIRM WHETHER YOU WANT TO RESUME YOUR POSITION AS ACTING CHAIR AFTER SEPTEMBER SIRANUSH - PLEASE CONFIRM WHETHER YOU ARE PREPARED TO SERVE ANOTHER TERM

So everyone.

The positions that are open are the ALAC AP regional nomination to NOmCom (Siranush is eligible for one more term)

The nomination process can either be self nomination or nomination by someone else.

My nomination for the AP regional nominee to NomCom is Siranush (If she is willing to stand)

APRALO rep to ALAC (I have told CLO I am willing to stand for this. If I do, them we will need someone to step into my VC role until my term ends in June 2013)

Holly

_______________________________________________ APAC-Discuss mailing list APAC-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/apac-discuss

Homepage for the region: http://www.apralo.org

------------------------------

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End of APAC-Discuss Digest, Vol 69, Issue 1 *******************************************