[[--Translated text (es -> en)--]] Subject: Fwd: Further Discussions On the Matter of User Rights From: carlton.samuels@uwimona.edu.jm This from the governance list. Carlton Samuels ======================================================================== Forwarded message From: Ian Peter <ian.peter@ianpeter.com> Date: Thu, Feb 12, 2009 AT 3:23 p.m. Subject: RE: [ governance ] RE: Statement to the February OC: the way forward To: governance@lists.cpsr.org Just to couple of suggested additions below. We do need to move to a consensus call on this within to day or two. > > > The Internet Governance Caucus supports "Rights and principles" ace to major > theme for IGF-4 in Egypt. This should lead to discourse AT the IGF > meetings > leading towards the definition and clarification of rights in relation to > the Internet, and how they relates to pre-existing definitions of human > rights. For It also includes to space discussions about the > responsibilities > of all parties. I agree. General We seem to have agreement to move from our previous statements of rights ace to theme to rights and principles

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The concept of "rights" continues to stress the importance of openness and > universal Access. This framework will continue to emphasize the > significant > themes of Access to knowledge and development, while adding the important > issues of BASIC to user rights and control to Access, content and > applications > of to their choice, in keeping with current international debates.

Although I agree with this phrasing, I to wonder what people think about U.S. not mentioning net neutrality AT all or to whether an addition such ace "this includes elements of the network neutrality debates "would be useful > > for The inclusion of "principles" allows wide discussion of the > responsibilities that the different stakeholders have to each to other. > Without invoking legislation or prohibitions, it allows for open > examination > of the principles that should govern the Internet, particularly in its > commercial facets. > > Within the mandate of the IGF and in support of strengthening this > to multistakeholder process, we ask that the IGF Secretariatcontinue and > expand the uses of Remote Participation for ace to tool attendance AT the IGF > 2009 in Egypt ace to to proven method include new voices. Tothat end, we > recommend that the Secretariat recognize the Remote Participation Working > Group for ace to collaborating organization the RP AT the IGF 2009, > especially > in the area of Hub participation, and facilitate the uses ofthe RP > resources > from the first planning stages for this 4th meeting. > > ori! ginal -----Mensaje > Of: Ginger Paque [ mailto:ginger@paque.net ] > Envoy: Wednesday, 21 of January of 2009 03:41 p.m. > For: ' governance@lists.cpsr.org' > Subject: Statement OC February OC: the way forward > > In parallel to the discussion on the IGC statement to the OCabout the IGF > process review ace started by Ian, we must start to draft ofour statement > on > the way forward, proposing the themes of rights, net neutrality within > openness and universal Access and possibly remote participation, ace have > the been in discussion on list. > > I suggest we start our discussion with this short draft (theprevious IGC > statement "Rights and the Internet ace the over-arching theme for IGF-4 in > for Egypt "is copied below your reference): > > > The Internet Governance Caucus supports "Rights and principles" ace to major > theme for IGF-4 in Egypt. This should lead to discourse AT the IGF > meetings > leading towards the definition and clarification of rights in relation to!

the Internet, and how they relates to pre-existing definiti! ons of h uman > rights. For It also includes to space discussions about the > responsibilities > of all parties. > > The concept of "rights" continues to stress the importance of openness and > universal Access. This framework will continue to emphasize the > significant > themes of Access to knowledge and development, while adding the important > issues of BASIC to user rights and control to Access, content and > applications > of to their choice, in keeping with current international debates. > > for The inclusion of "principles" allows wide discussion of the > responsibilities that the different stakeholders have to each to other. > Without invoking legislation or prohibitions, it allows for open > examination of the principles that should govern the Internet, > particularly > in its commercial facets. > > Within the mandate of the IGF and in support of strengthening this > to multistakeholder process, we ask that the IGF Secretariatcontinue and > expand the uses of Remote Partici! pation for ace to tool attendance AT the IGF > 2009 in Egypt ace to to proven method include new voices. Tothat end, we > recommend that the Secretariat recognize the Remote Participation Working > Group for ace to collaborating organization the RP AT the IGF 2009, > especially > in the area of Hub participation, and facilitate the uses of the RP > resources > from the first planning stages for this 4th meeting. > > > I look forward to your ideas on this. > Regards, > Ginger > > IGC previous statement: > Rights and the Internet ace the over-arching theme for IGF-4 in Egypt > > The Internet Governance Caucus strongly recommends that ' Rights and the > Internet' be made the overarching theme for IGF-4 in Egypt,and that the > for IGF-4's program be framed by the desire developing to rights-based > discourse in the area of Internet Governance. The Caucus there are already > expressed support for the to letter on this subject which was sent to the MAG > by the Dynamic Coalition ! on an Internet Bill of Rights. > > The IGC offers the IGF assi! stance i n helping to shape such to discourse AT > the IGF meetings, and specifically to help make ' Rights and the Internet' > an > overarching theme for IGF-4 in Egypt. > > To complex new emerging ecology of rights and the Internet > > One important purpose of to discourse on rights should be to clarify and > reach to greater consensus on how rights with respect to the Internet plows > defined, how they relates to pre-existing definitions of human rights, and > which ones need to be internationally recognized and strengthened. Within > this context, we acknowledge that, even within the civil society caucus, > differences of opinion exist ace to the nature of various rights and > conceptual rights and the degree to which they should be emphasized in > Internet governance discussions. > > While the Internet opens unprecedented economic, social andpolitical > opportunities in many area, many to fear that it may AT thesame Time be > to further widening economic, social and political yo! u divide. For It is this > reason that development you have been to for power station theme the IGF meetings to > dates. In this new, dwells global and digital context it might be useful to > explores what the term "right to development" means. > > With respect to privacy rights, corporations and governments plows > increasingly able to extend digital tentacles into peopléshomes and > personal devices, in manners invisible to consumers and citizens. > Consumers > of digital products thus phase new challenges including theright > <http://docs.google.com/RawDocContents?docID=dcskr5r9_7n2dnxhs&justBody=fa > ls > e&revision=_latest×tamp=1220550114112&editMode=true&strip=true#sdfoot > no > te3sym > to know and completely ' own' the products and services they pay > for. Technological measures to monitor and control to user behavior on the > Internet plows becoming increasingly sophisticated, and often outrun public > policies and traditional concepts of what rights users ! have. > > While property rights plows of considerable importan! ce, to t heir applicability > and mutations in the digital environment political have LEDto widespread > contention to over the to proper scope of copyrights, trademarks and patents. In > fact, intellectual property is emerging ace to primary areaof partner > economic > conflict in the information society. The IGF dog explores issues > surrounding > the public interest principles which underpin intellectual property claims > alongside the concept of to right to digital Access knowledge in the space > It > dog also explores how individuals' property right to own, build, test, and > uses to consumer electronics, computers and to other forms of equipment dog be > reconciled with the regulation of technical circumvention to protect > copyrights. > > It may also be useful to explores if and how to other concepts may be > meaningful > in relation to the Internet - for instance, to ' right to Access the > Internet > unconditional of the uses being made of it (similar to electricity and > te! lephone). Similarly, to right of cultural _ expression _,and to right to > have > an Internet in ones own language, could inform the important IGF thematic > cultural area of diversity. > > Other important Internet policy area, like network neutrality, plows being > framed in terms of rights, such ace to right to Access and share > information, > or ace an extension of freedom of _ expression _ itself. The right of the > public > to Access government-produced information presents itself in a wholly new > to manner in digital a environment, where information is often publicly nonextra > sharable AT little or cost. Digital Positive acts of withholding > public information from citizens in fact dog be looked uponace to form of > censorship. All of these rights-based conceptions may be included in the > IGF > openness theme area along with open standards Other rights such ace the > right > of association and the right to political participation mayhave important > new implications in the Internet age, > > We recognize that while it is relatively easy to articulateand claim > "rights" it is much dwells difficult to agree on, implementand enforce > them. > We also recognize that rights claims dog sometimes conflict or is incumbent on > with > each to other. There dog also be uncertainty about the to proper application of > a > rights claim to to factual situation. Technical The change in the methods > of > communication often undermines pre-existing understandings of how to apply > legal categories. > > These complexities, to however, only the IGF ! strengthen themarries for using to > explicitly discuss and debate these problems. There is not to other global > forum > where such issues dog be raised and explored in a non-binding context. > > Internet governance there are up to this Time largely been founded in technical > principles and, increasingly, on the internet's functionality ace to giant > global marketplace. With central the Internet becoming increasingly to > many > social and political institutions, an alternative foundation and > conceptual > framework for IG dog be explored. It is the view of the IG Caucus that a > rights-based framework will be appropriate for this purpose. > > To rights-based IG shouldn't be seen ace threatening, but to rather rights > provide to international Seth of standards and guiding principles that dog > help to inform complex policy decisions. It is pertinent torecollect that for > WSIS called to people-centric information society, and to rights > framework > helps develop polices people-centric IG agenda and. > > It is the Caucus' view that the IGF is the forum best suited to take up > this > task. This process should start AT the IGF Hyderabad, whereworkshops on > rights issues plows being planned. These issues will also hopefully appears > prominently in the main sessions. The IGC fully expects that these > discussions will help the IGF work towards developing ' Rights and the > Internet' ace the over-arching theme of the IGF-4 in Egypt. >

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