Re: [Euro-board] WG: RE: [IRPCoalition] Delfi v Estonia in European Court of Human Rights

Jan. 8, 2014

      Dear colleagues

Happy New Year to all.

I too support this initiative to send out a letter or a statement for
reconsideration on behalf of the EURALO to the ECHR on Delfi vs Estonia
ruling and the possible bad precedent it sets with regards to new
liabilities of ISPs / intermediaries.

I can touch base with Gabrielle in Article 19 in the UK to see what they
plan to do and report back.

Best

Desiree
--
On Jan 8, 2014 3:54 AM, "Subrenat, Jean-Jacques" <jjs@dyalog.net> wrote:
...
I support the position taken by Wolf.
In addition, I would like to offer the following remarks:
1) The determination of the ECHR on Delfi vs. Estonia was guided (largely)
by principles, laws and directives of the EU and its Member States.
Although these principles, laws and directives meet with wide approval
around the world, they do not pretend to apply outside of the EU.
2) As has become evident by the gradual publication of the revelations by
Edward Snowden, the threat to democratic principles, including Internet
freedom of expression and protection of user rights, comes not from the EU
as an institution, nor from most of its Member States, but from the
"blanket surveillance" implemented by the USA (NSA) and the UK (GCHQ), in a
trend which can be called "a regrettable convergence" with repressive
countries (North Korea, Iran, etc.).
3) Considering the above, I would encourage the concerned parties,
including Article 19 and other NGOs, but also EURALO, to remain vigilant
about the wider curtailment of fundamental rights on a global scale, rather
than concentrate mainly on the EU dimension. In this respect, it would be
advantageous for European, or Europe-based organizations and concerned
citizens, to consult, and perhaps cooperate with equivalents outside of the
EU and its Member States, for instance the ACLU (American Civil Liberties
Union) in the United States.
Best regards,
Jean-Jacques.
----- Original Message -----
From: "Wolf Ludwig" <wolf.ludwig@comunica-ch.net>
To: "Euro Board" <euro-board@atlarge-lists.icann.org>
Sent: Mardi 7 Janvier 2014 20:21:55
Subject: [Euro-board] WG: RE: [IRPCoalition] Delfi v Estonia in European
     Court of Human   Rights
Dear all,
first of all, I hope you had a pleasant transition into the New Year and
wish you all the best.
I don't know whether you have seen this recent issue of the European Court
of Human Rights on Delfi vs. Estonia what I think is a troublesome
interpretation or ruling -- more details see below. IMO, the ECHR
affirmation creates unhealthy precedences into the wrong direction in terms
of new ISP liabilities and in a similar way, as new surveillance laws in
certain countries (like Switzerland etc.).
Therefore I think, it would be appropriate for EURALO to join and support
this initiative and letter to be send by some proven experts to the ECHR
for reconsideration. As the deadline is rather short (Wednesday), we cannot
discuss this issue at our next monthly call but need such an Online
consultation among the EURALO Board on short notice. May I suggest - as in
previous cases - that if no objections are raised by you, EURALO will
support this initiative and letter?
Thanks for your advice and
kind regards,
Wolf
Karmen Turk wrote Tue, 7 Jan 2014 17:15:
...
Hi,
Thank you for the support.... However, I doubt that the support letter
will be sent out on Wednesday. The Delfi application will have to be sent
out (and I try to send it :)), but the support letter will probably follow
on Thursday or Friday. Thus, if you get a possibility to consult before
that, I could still add EURALO as an organisation as well.
And - you can always send it separately...
Any support is highly appreciated since there were no dissenting opinions
that would hel get as a leave to the Grand Chamber.
Regards,
Karmen Turk
Wolf Ludwig sent Tuesday, January 07, 2014 7:11 PM
Hi Karmen,
thanks for this troubling info. Until Wednesday I won't have sufficient
time to consult with my colleagues or Board members from EURALO (ICANN's
European At-Large organization). But if you wish, you can add my name in my
personal capacity.
Thanks and regards,
Wolf Ludwig
Karmen Turk wrote Tue, 7 Jan 2014 10:43:
...
Hi all,
Happy New Year and welcome to new Co-Chair and Steering Committee
members!
As many of you know, a chamber of the European Court of Human Rights
recently held, in Delfi v. Estonia, that a website is strictly liable for
defamatory content in any user-generated content posted by a third party.
 This position will be familiar to you, because it is essentially the rule
we endured in the United States prior to the passage of Section 230 of the
Communications Decency Act.  In the EU, the E-Commerce Directive moderates
that result somewhat, permitting a site to avoid liability if it deletes
potentially defamatory content upon notice.  But remarkably, the ECHR
affirmed the views of the Estonian national courts that this rule applied
to ISPs and not to websites who have solicited comments from readers -- in
the Delfi case, the publication had actually taken the comment down on
request, but was still found liable.  Needless to say, this is a decision
that could inhibit free expression online, and will likely lead to media
avoiding online comments in many co!
 u!
ntries.  (A detailed assessment of it can be found here<
http://www.article19.org/resources.php/resource/37287/en/european-court-stri...
)
Peter Noorlander, (the chief executive of the Media Legal Defence
Initiative in London), Gabrielle Guillemin (from Article 19), Dirk Voorhoof
(recognized human rights scientist), are heading up an effort to encourage
the Grand Chamber of the ECHR to review and reverse the Delfi decision.
 They have drafted the attached letter for that purpose, and are
encouraging media companies and associations to lend their support and name
to the effort.  This is especially important since there were no judges
dissenting from the judgment.
There is no cost associated with this request.  If you would like to be
included, there is two possibilities:
-          Just let me know by Wednesday evening and I shall add you (or
your organization) to the list of supporters;
-          Or you can send the letter yourself to ECHR. The letter is
available under Creative Commons license CC CA :)
PS: I do apologize for quite a short deadline :)
Kind Regards,
Karmen
Kind regards,
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Karmen Turk
Advocate
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-----Original Message-----
From: irp-bounces@lists.internetrightsandprinciples.org
[mailto:irp-bounces@lists.internetrightsandprinciples.org] On Behalf Of
Shawna Finnegan
Sent: Tuesday, January 07, 2014 12:17 AM
To: IRP@lists.internetrightsandprinciples.org
Subject: Re: [IRPCoalition] IRP in 2014
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Hi all,
Happy new year, and welcome to the new co-Chair and Steering committee
members!
Marianne, thanks for this email. Wolfgang's post is a fantastic
orientation for the upcoming year.
I completely agree that there is no need to reinvent the wheel. The fact
that 80% of principles in recent declarations on IG are the same, according
to Wolfgang, suggests that we are very much on the right track. Continuing
down that track, I think prioritizing one charter or declaration over
others in developing a global set of principles might undermine the
collaborative process.
While the IRP Charter is a robust starting point for a global
multi-stakeholder principles on IG, it would be great to map the 80%
overlap in recent principles (if Wolfgang has not already done so), and
work with our networks and communities to articulate shared language based
on that framework.
Looking forward to others' thoughts,
Shawna
On 14-01-02 05:25 AM, Marianne Franklin wrote:
...
Apologies for a double-mailing but should have sent the message below
...
under a new message heading. On 02/01/2014 12:21, Marianne Franklin
...
wrote:
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Dear all
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Happy 2014. Thank you Olivier for the positive vibes this early in
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the year too.
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As preparations for the Brazil Meeting in April gather steam, a main
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agenda item and output is now clear; to produce a "global"
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set of Internet Governance principles.
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Wolfgang Kleinwaechter, who has been undertaking a survey of all
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existing statements around IG Principles including those that
include
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human rights and principles, has provided one comprehensive review
of
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the year past and the year ahead in this respect (
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http://www.circleid.com/posts/20131231_internet_governance_outlook_2
0
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14_good_news_bad_news_no_news/
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At the end of this analysis, Wolfgang makes the following comment
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about the leading role the UDHR played historically in setting the
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frame for subsequent international human rights law: that it "would
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be good to have a similar document for the Internet, supported not
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only by the governments of the 193 UN member states but also by all
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the non-governmental stakeholders from the private sector as Google
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and Facebook, the technical community as ICANN and the IETF and
civil
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society as APC and Human Rights Watch."
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Point taken but for the fact that the IRP Charter already exists in
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this capacity. Its 21 clauses are explicitly - and elegantly
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- embedded in the UDHR and these subsequent treaties. It was the
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product of collaborative work, within the IGF setting to be sure, of
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individuals and organizations all mentioned in this comment.
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Government reps and IGO reps have been active as well in the Charter
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work. Endorsements by a range of actors are currently being gathered
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as the 2nd Edition of the Charter Booklet is ready to go public. We
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also have several translations in process so here there is a
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grassroots support level for the work.
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But, Brazil is a so-called high level meeting and its outcomes will
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be symbolic and perhaps groundbreaking from an inter-governmental
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point of view (perhaps not but that remains to be seen). With more
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and more support for a human-rights based approach to IG in the wake
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of the Snowden revelations, it appears that we could be facing the
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embedding of a disconnect between this shift in mood, one that
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underscores the IRP Charter project after-the-fact, and the fact
that
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these calls since Snowden are already encapsulated by the IRP
Charter
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in its entirety.
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Given this recognition that human rights online do matter
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(underscored too by initiatives such as the 13 Principles by PI,
EFF,
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Access et al) do need protecting, what remains to be seen is whether
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all those concerned with making Brazil a success and based on the
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good parts of the IGF working model, the IRP Charter can be taken on
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board in a more explicit capacity. By this I mean that it is the
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document that is adopted and recognized in the fullest sense of the
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term ("legally non-binding high level principles"). This is because
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the IRP Charter remains the one document that already complies with
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these calls; from within the IGF community and further abroad in the
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UN, and technical community where high profile figures such as Tim
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Berners-Lee are calling for a global Bill of Digital Rights.
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It would be a shame, and a mistake to my mind, for us to not to make
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use of the same sort of collaborative and creative energy within
this
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list alone, and links to wider networks to promote the Charter for
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this role whilst supporting the Brazil Meeting aim to generate a
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broad sort of global consensus. We do not need to re-reinvent the
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wheel here.
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What do people think? best MF
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On 01/01/2014 18:39, Olivier MJ Crepin-Leblond wrote:
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Thanks for these excellent news!
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I am thrilled to see such talent leading the IRP. May it go from
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strength to strength! Best wishes to you all for 2014.
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Olivier
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On 24/12/2013 17:54, IRPCoalition wrote:
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> Dear all
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>
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> The election/endorsement process for the IRP Coalition's Steering
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> Committee is over (37 people took part with 86.5% support, 5.4%
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> against, and 8.1% abstaining). Thank you for the positive comments
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> about all we have achieved this year and also for the constructive
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> suggestions for the year to come. The new SC met last week so this
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> email is to formally re-introduce everyone to you all.
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>
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> First up, our incoming co-Chair who will be serving with Marianne
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> this year. Robert has worked with the IRP since 2008, seeing the
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> first charter through, setting up and then assisting with the
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> website and social media efforts, and also supporting IRP events
> at
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> the IGF meetings. After being on the steering committee for the
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> last few years, championing the IRP in all capacities, he is happy
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> to provide continuity and support as co-chair of the IRP. Robert
> is
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> excited about growing participation in the coalition, ramping up
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> dissemination of the Charter in different engaging formats
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> (socio-technical, educational), and exploring new ways of
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> integrating Human Rights in Internet Governance at all levels.
> This
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> work complements his teaching and research as an engaged academic.
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>
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> Next here are the SC members for 2014 (bio notes will be up on the
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> website shortly):
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>
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> Co-Chairs Marianne Franklin (New Zealand/UK) Robert Bodle
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> (USA)
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>
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> Steering Committee Rafik Dammak (Tunisia/Japan) Catherine Easton
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> (UK) Dixie Hawtin (UK) Matthias Kettemann (Austria) Parminder Jeet
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> Singh (India) Carlos Affonso Pereira de Souza
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> (Brazil) Vik Szabados (Hungary) Tapani Tarvainen (Finland)
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>
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> We are all looking forward to a productive year for the protection
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> and enjoyment of human rights online - for everyone, everywhere.
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>
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> Warm regards MF/RB and the whole SC
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>
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> www.internetrightsandprinciples.org<http://www.internetrightsandpr
> inciples.org>
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> http://www.intgovforum.org/cms/dynamiccoalitions/72-ibr
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> @netrights
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>
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>
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>
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> _______________________________________________ IRP mailing list
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> IRP@lists.internetrightsandprinciples.org<mailto:IRP@lists.interne
> trightsandprinciples.org>
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> http://lists.internetrightsandprinciples.org/cgi-bin/mailman/listi
> n
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> fo/irp
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Re: [Euro-board] WG: RE: [IRPCoalition] Delfi v Estonia in European Court of Human Rights

Desiree Miloshevic