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[…] – Principios del gobierno de Internet […]
[…] - Hoja de ruta para la futura evolución del ecosistema de Gobernanza de Internet […]
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a quantity of tensions rotate above music. we have to learn to select the best songs as well positioned people in intensifying hiring processes. We could be questioned with our performing and consequently play power, accordingly must endlessly be more…
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My spouse and i as well think it stinks that will Skies will not provide an remover for that Kontiki program. Therefore i’m presently longing a ca off their techies to inform myself how you can erase it. Could keep an individual posted.
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リーバーチ サングラス ty7026，トリーバーチ サングラス 人気，トリーバーチ サングラス メンズ，tory burch サングラス，トリーバーチ サングラス ty7004，トリーバーチ靴，トリーバーチ リュック，tory burch リュック
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+1 for what Rishab said. Transparency was the primary concern
+1 for what Felicity said. We need more specific laws.
Algumas coisas que não gostei do documento final da NETMundial:
- Ideia de “partes interessadas”. Todo mundo é interessado quando se fala de internet. A comunidade precisa ser mais ouvida, principalmente os desenvolvedores de software livre porque eles não têm nenhum interesse além de defender a liberdade.
- Múltiplas partes interessadas locais não podem falar pelas pessoas em nível global. Eles podem deixar de lado os interesses do povo.
- Fala muito pouco sobre vigilância. É apenas mencionada uma vez! A vigilância não deve ser conduzida de acordo com nada, conforme afirma o documento, ela deve ser dizimada! Ela tem uma importância tremenda e deve ser um dos principais pontos do documento.
- É muito leve. Devemos focar mais nos problemas da internet e lutar contra eles.
- DRM não é nem sequer mencionado.
- O documento fala sobre “barreiras mínimas”. Não deve haver nenhuma barreira para os novos usuários, todos devem ter acesso à internet (não no padrão Google/Facebook).
- NETMundial e IGF parecem para mim como a ONU e algumas grandes ONGs: fingem que têm uma missão heroica, mas são apenas os demônios contra os quais devemos lutar. Penso que deveria existir um comitê da internet dentro da ONU, mas ela não é confiável. Sei que isso é difícil de entender. Meu ponto é: ninguém pode mandar na internet, ela deve ser livre e devemos protegê-la dos ataques de grandes corporações e governos. Precisamos de liberdade, neutralidade, vencermos o grande mal que é o direito autoral e vencermos o outro grande mal que é a vigilância.
With respect, it is misleading to claim that this document or any of the NetMundial process has been a collaborative effort among representatives of *all* stakeholder groups. Indeed such a statement is seen by many as being demonstrative of exactly the issues underlying Internet governance.
Please consider replacing “all” with “many” or even “very many”.
It is misleading to suggest that contributions have been received from *all* stakeholders around the globe. I suggest to strike the word “all”.
While I agree with other comments that it would be helpful to break down the contributions by sector, I do not believe this document is the place to do it.
Patrik’s analysis provides a good basis for a section on Privacy and should be included and refined.
The simple paragraph here, giving a high-level view of the basic right to privacy needs to capture these points without becoming an essay in its own right.
HMG’s desire to strike collection of data and mass surveillance from this text is surely not intended to imply that any such actions are currently unlawful. Therefore they should be satisfied with the use of “unlawful” in the current text. Perhaps it could be enhanced to meet Patrik’s discussion with “subject to transparency and public oversight.”
I note that the word “arbitrary” could be taken both ways. But in general it would mean the collection of data on an individual without that individual being a specific target of data collection.
I can see the intent behind “free flow of data packets”, but not its technical realisation. If this paragraph is intended to mean “access to information”, “ability to share information”, and generally “net neutrality and unrestricted end-to-end flows of data/information” then perhaps it should say so more specifically.
The trouble with the current wording is that it could be taken to imply that a sender or a receiver should be able to exert control over the path of the flow of data. While this may or may not be a desirable function, it is technically “interesting” in the current Internet infrastructure.
For some time, the term “multistakeholder” has been used correctly (more than one stakeholder is involved), but has been made to imply that the process is free and open for participation by all stakeholders.
If, as we may hope, the usage in this document is intended to imply this latter meaning then I suggest folding this paragraph with the next to arrive at…
Open, participative, consensus-driven governance: The development of international Internet-related public policies and Internet governance arrangements should enable the full and balanced participation of all stakeholder from around the globe including governments, the private sector, civil society, the technical community, academia, and user. Decisions will be made by consensus.
See comment on paragraph 15 wrt merging with this paragraph.
I have the same problem with the term “multistakeholder” used here as in paragraph 15.
Perhaps split the paragraph into to sentences the second to read…
Procedures and processes used to develop international Internet-related public policies and Internet governance arrangements should, themselves, be developed using the principles outlined in this section.
It would also appear that paragraph 19 is a significant overlap.
Bill makes a good point and the reference is helpful. One outcome of that is that access to the standards and participation in the standards-making process must also be unfettered.
Given the fact that we’re currently aiming towards an agreement on the future of Internet Governance, we should consider the possibility of including Data Protection (or better yet, the right of informational self-determination) in the final text of this declaration.
We should remember that in spite of the many similarities between Privacy and Data Protection, they protect different things (Privacy: private space; Data Protection: personal data, whether or not it can be considered as private) and in order to ensure a holistic protection, there should be an clear reference to Data Protection in this Internet Governance Principle.
I would suggest that this principle should read as follows:
“Privacy and Data Protection: regardless of technological advances, all peoples have the right of informational self-determination. By virtue of the international human rights framework, every individual must be protected from arbitrary or unlawful surveillance and from the collection, treatment, and dissemination of his personal data (and metadata) on the Internet.”
One of the biggest factors that this draft will face is the conflict between Principle 3,5,7 and Principle 11. This is a big debate now (Snowden) and will get only bigger. I think this should be appropriately addressed.
I think one of the Process Principles should be “RISK BASED”. Internet Governance must be risk based to ensure process principles in 16,17,18,19 and 24 are met and are aligned to the risks and opportunities faced by the internet at any point in time.
In my view all initiatives and issues must have a risk focus. One of the possible initiatives that the IGF can begin is to have risks, issues and opportunities as a permanent review agenda.
I would suggest the wording expanded to “Internet governance must respect, protect, and promote cultural and linguistic diversity in all its forms.”
what about protection toward them wrongfully accused of defamation? should the principles also stipulates to respect their rights of free speech without having fear of being forcedly silenced?
Global Monitoring Report on Education for All (EFA) stresses the urgency of attaching importance to the quality of education. Currently, one third of children who attended the undergraduate out not knowing how to read or write, or calculate. To correct the situation, it is important to highlight the importance of internet in education.
For these reasons, accessibility must also promote the use of technology within an appropriate framework which takes into account the diversity (linguistic, ethnic, socio-economic, etc..).
Word “avoiding” should be replaced and thus that part of the sentence on “arbitrary or unlawful interference” should be rephrased to say “right not to be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence” in accordance with Article 17 of the ICCPR. So the section on privacy should read as follows:
“Privacy: the same rights that people have off-line must also be protected online, including the right to privacy, the right not to be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence and the right to the protection of the law against such interference.”
1) The term “mass” surveillance should be retained as it is used (“mass scale”) in UNGA resolution on the right to privacy in the digital age which was adopted by the UN General Assembly in 18 December 2013 https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/68/167
2) A direct reference to the International Principles on the Application of Human Rights to Communications Surveillance – https://en.necessaryandproportionate.org – should be included in this paragraph as they constitute comprehensive principles to ensure communication surveillance policies and practices are proportionate, necessary and in accordance with human right obligations.
3) This section should make reference to the need for principles of non-discrimination and extraterritoriality to ensure that non-citizens are able to enjoy protections as their data/communications flow through several countries depending on the route it takes or the services they use
application restricts just internet, leaving out current and future digital platforms
only online… digital has more scope
and transform?
This paragraph seems redundant given paragraph 3, which makes it explicit that there is a right “to seek, receive, and impart information on the Internet”. If helpful the title of §3 can be altered to make accessing information a clearer part of it.
Unlike the other highlighted rights, this one misses an operative clause, such as ‘everyone has the right to’.
Thank you for your clarification. In particular, it is important that the interests of the creative community be considered in this as they are currently expressed in the two WIPO (World Intellectual Property Organization) Internet treaties:
The WIPO Copyright Treaty (WCT) https://www.wipo.int/wipolex/en/wipo_treaties/text.jsp?file_id=295157
and the WIPO Performances and Phonograms Treaty (WPPT) https://www.wipo.int/treaties/en/text.jsp?file_id=295578
Without adequate oversight, the interests of the authors will continue to be overlooked. Without the authors, there would be no content, and no additional interest holders.
Agreed.
Agree with Rishab Bailey. In particular, the interests of the creative community have been largely overlooked. Intellectual property protection and monitoring needs to be addressed in order to reflect all the stakeholders.
Agree with Greg Shatan. It is imperative that the rights of authors be considered in this framework. In the US alone, “intellectual property (IP)-intensive industries support at least 40 million jobs and contribute more than $5 trillion dollars to, or 34.8 percent of, U.S. gross domestic product (GDP).” source – United States Patent and Trademark Office https://www.uspto.gov/about/ipm/industries_in_focus.jsp
Actually, Robin Gross, the very document used to construct this framework explicitly lists the rights of authors among the human rights. To quote the Universal Declaration of Human Rights, Article 27.
” (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”
See for yourself. https://www.un.org/en/documents/udhr/
Agreed, Jeremy Malcolm. As stated in the WCT (World Intellectual Property Organization Copyright Treaty) “Recognizing
the need to maintain a balance between the rights of authors and the larger
public interest, particularly education, research and access to information, as reflected in the
Berne Convention.” The problem thus far with the Internet concerning authors has been with large special interest groups associated with authors and not so much with the authors themselves.
Yes, Ricardo Castanheira. Well said.
It is important to recognize that these rights are not necessarily in conflict, Martin Fischer. Why must it be one or the other? Why is it not possible to compensate the authors fairly while also providing for wide distribution of their original expression of ideas? We must have a balance of both if we are to progress.
Agree with Robert Marks. As long as this “Freedom of information and access to information” also complies with the rights of authors in Article 27(2) of the UDHR already extensively quoted in previous comments.
To clarify the points being made above on behalf of Intellectual Property creators, here is a quote from the United Nations World Intellectual Property Organization (WIPO) pamphlet entitled “Why is collective management of copyright and related rights necessary?”:
There have been two treaties “concluded in 1996, under the auspices of WIPO, to respond to the challenges of protecting and managing copyright and related rights in the digital age. Known as “the Internet treaties,” the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WCT and WPPT respectively) deal among other things with obligations concerning technological protection measures and rights management information in the digital environment. They ensure that the owners of rights are protected when their works are disseminated on the Internet; they also contain provisions requiring national legislators to provide effective protection for technological measures, by prohibiting the import, manufacture and distribution of illicit tools or material designed to neutralize technological protection measures and also outlawing acts detrimental to rights management information systems.”
Agreed. A common set of unique identifiers such as ISRC is important to Intellectual Property creators as a way of tracking and monetizing their original content in conjunction with collective rights management organizations.
p. 12 “Adequate legal protection is needed to prevent acts intended to circumvent technical protection measures, and also to insure against the removal or alteration of any elements of the digital information systems or other such practices.” – WIPO Collective Management of Copyright and Related Rights.
To further support the comments of Time Warner:
From the World Intellectual Property Organization publication, “Why is collective management of copyright and related rights necessary? Composers, writers, musicians, singers, performers, and other talented individuals are among society’s most valuable assets. The fabric of our cultural lives is enriched by their creative genius. In order to develop their talent and encourage them to create, we have to give those individuals incentives, in particular remuneration in return for permission to make use of their works.” P. 5 of Collective Management of Copyright and Related Rights.
In agreement with Time Warner Inc. suggestion that “permissionless” be stuck and replaced with language that upholds the rights of authors, visual artists and other creators to protect and benefit from their moral and material rights of authorship and creations as recognize in Article 27. It has long been understood that for a healthy creative ecosystem which includes but reaches far beyond the Internet, it is necessary to protect the copyrights of the creators of intellectual properties. This is why governments created laws protecting copyright holders. “The mission of the Copyright Office is to promote creativity by administering and sustaining an effective national copyright system,” as stated by the US Copyright office. This idea is repeated by the use of copyright throughout the world and should not be ignored here.
This draft outcome document already represents a compromise among the representatives from the different stakeholders at the EMC and the HLMC, i.e., victories and defeats on all sides. To that effect, to minimize this meeting to a drafting exercise, which would be a terrible mistake and throw away an unique opportunity, we should make the most of it. On the other hand, the outcome document from NETmundial should be a much shorter text inserting broad lines on the Principles and on the Roadmap on the future of Internet Governance.
The NETmundial Meeting is an unique momentum, as high level representatives from all different stakeholders will attend it, and we should trigger an open discussion among all of them on the issues raised on this draft document, which is very much welcomed and we recognize its high value and the hard work of all of those that were involved on its drafting. Therefore, it should be the basis and the framework for the open and free discussions to be taken during the 2 days, whilst the outcome document should be very short with key broad principles and a clear roadmap on the way forward.
Even if we consider that the drafting of this text should not be the ultimate purpose of NETmundial as stated before at the “introduction” portion, we still can add some comments to the text, but again, to trigger the discussion during NETmundial and not with the single purpose to have an outcome document.
1. add to the title “Single, Unified and Unfragmented Space”
2. add to the text “single” before “globally coherent”.
it should be added to the list of different stakeholders, the international organizations.
Is this net neutrality? What is this? If this is net neutrality why are we not using the wording “Net Neutrality”, currently used by OECD, European Union, United Nations, and so on and so forth?
Unfortunately, the text inserted under this title is not a roadmap but a rough compilation of some of the issues that deserve attention but are neither a roadmap nor a way forward.
This is one of the main questions to be discussed: LEGITIMACY! How do we come upon with the legitimacy issue on the different stakeholder groups?
Document A/66/67- E/2011/79, i.e., the Report on the UN CSTD WG on Improvements to the IGF should be quoted and not only part of it.
it should be added “after the process of globalization”, the concept of “internationalization”, as without a truly internationalization, ICANN will never have the necessary legitimacy and accountability needed to be accepted at world-wide level.
As stated in the previous paragraph, it should be added “internationalization” after “globalization” – the rationale remains the same: without a truly internationalization, ICANN will never have the necessary legitimacy and accountability needed to be accepted at world-wide level.
Sweden suggests: “full participation” may never be achieved on the voluntary basis that is the hallmark of all international cooperation. “Broad” participation” would be more suitable.
Sweden propose to delete “/information” since “data packets” is siufficient and content-neutral.
Propose to add “…pursuing international agreements and cooperation on topics…”
Exchange “adopt” for “consider”. It is important that such means makes the dialogue available regardles of contraints from language and lack of resources for continuous participation.
Sweden does not support the establishement of new forums. Most stakeholders have enough difficulties in keeping up with existing foras. Rather, issues should be mainstreamed into existing foras.
Propose to delete section IV (blocks 37 through 41) for the reasons that there are very many issues that may need to be further discussed beyond NETmundial, that this would not be a complete lista, and that this is clearly communicated in section V.
Suggest deletion, as there is no consensus on the need to develop international code of conducts. Rather, international law and human rights apply equally online as they do offline.
Not necessary to name specific processes here. Suggest deletion after “forums”.
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect!
+1. I agree with what rishab says.
A coordination mechanism to some extent is of course central in nature. However, the mechanism in question would not be responsible for making any policy, simply for coordinating among different existing organisations, as well as for making recommendations on where to address newly emerging issues or issues that do not have a home yet. It could also help those who want to bring a particular concern to others’ attention to identify the correct mechanism(s)/organisation(s) to do so.
This document needs preambular text that states clearly that the reason that common principles and values need to be established is that the internet is a common resource. It is a common public resource, which does not need to imply that governments should have oversight over it. But it does imply that it should be governed in the broadest possible public interest.
Suggested edit of para 1:
NETMundial agreed that the Internet is a common empowering resource for all people and all stakeholder groups. It should not be owned or controlled by any single group or entity and therefore internet governance processes should be inclusive, open and transparent, and enable good management, fair use and the evolution of the internet as a safe and secure platform for economic, social, political and cultural development. To achieve this, Internet governance need to be based on a set of common principles rooted in human rights and the broadest possible public interest.
I actually think that this text proposed by Malcolm Hutty should be in a spearate paragraph it is so important.
Ideally, the human rights section should have two parts. Part One, the fundamental human rights that need to be promoted and protected, and then Part Two which makes reference to specific principles needed in internet governance needed to secure these rights. E.g.:
“In order to protect and promote these human rights in the context of the internet it is necessary to:
a) Protect internet intermediaries from liability .. etc. USE MALCOLM HUTTY’S TEXT
b) Protect the right to anonymous speech on the internet. ”
and so on.
This is great until the concepts and principles become co-opted by big business, disenfranchised fringe groups and government.
NetMundial is an opportunity to:
- Be a significant milestone in efforts to improve and democratise the governance of the internet, and particularly to strengthen the participation and influence of civil society and of stakeholders from developing countries.
- Establish agreement that the internet should be governed in the broadest possible public interest.
- Establish agreement that fundamental human rights, such as rights to free expression and association, and the right to privacy and to access and share knowledge, need to be protected on the internet.
- Help restore trust in the internet governance ecosystem after the 2013 revelations of mass surveillance of internet use and users – surveillance in which some of the governments and companies that have been active in this ecosystem were directly involved.
- Give governments who have felt they were not able to discuss internet governance issues an opportunity to do so
- Generate concrete and actionable outputs which can then be (1) discussed further at global and regional Internet Governance Forums (IGFs) and at other relevant meetings in the course of 2014 and (2) be formally adopted by IG institutions (e.g. ICANN) and intergovernmental bodies (e.g. the UN General Assembly).
We welcome the fact that document acknowledges the crucial importance of human rights, particularly the recognition that the same rights that people have offline must also be protected online.
We praise the inclusion of the rights described in paragraphs 3 to 8 but consider it essential to include the right to access to knowledge. We suggest the following formulation:
Everyone has the right to access to knowledge . A Wide-spread access to knowledge and a healthy knowledge commons form the basis for sustainable human development. The internet enables knowledge-sharing and collaborative knowledge-creation. Protection of the interests of creators must occur in a way
consistent with open and free participation in scientific and cultural knowledge flows.
We support Robin Gross’ proposal: The word “arbitrary” should be removed from this clause because it provides a giant hole for driving a truck through the guarantee against interference with free expression.
Protecting individuals’ right to privacy in the internet environment presents particular challenges because internet business models rely on utilisation of personal information, and technology enabled surveillance tools are readily available, and are not regulated. The challenge here is that a layer of human rights centred regulation is needed to protect privacy.
We suggest to add: Therefore, interfaces, content and applications must be accessible to people with physical or sensory disabilities. The principle of inclusive design and the use of
assistive technologies must be applied consistently.
We suggest this paragraph is replaced by the following formulation:
Economic, social, cultural and political development: Internet governance should support the vital role of the internet as an enabler of development which is a comprehensive economic, social, cultural and political process aimed at the constant improvement of the well-being of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom.
APC supports the ones who propose removing the words ‘continue to’ from the first line of this paragraph.
The APC suggests the inclusion of the following principle:
Global public resource: The internet is a common and empowering resource for all people and all stakeholders groups. Its governance should serve the global public interest and place good management, fair use and the evolution of the internet above the interests of any single individual, government or corporation.
The APC supports the suggestion to replace ‘should remain a’ with ‘should be a’ in the third line of this paragraph.
We suggest this paragraph is replaced with the following formulation:
Internet openness and neutrality: The Internet should remain a neutral and open platform, free from discrimination, so as to encourage free expression, the free flow of information and ideas, creativity, innovation and entrepreneurship.
We propose to replace this paragraph with the following:
Multi-stakeholder: Internet governance processes, policies and decisions should respect and support the full participation of all affected stakeholders, including governments, civil society, the private sector, the technical community, academia, current and potential users.
Similarly, we propose to add ‘as far as possible’ in the last line of this para. The formulation we propose is:
Open,’participative,’consensus’driven’ governance: The development of
international Internet-related public policies and Internet governance
arrangements should enable the full and balanced participation of all
stakeholders from around the globe, and as far as possible, be made by consensus.
We suggest the following alternative formulation: Procedures for decision-making must be developed and agreed upon through open and public multistakeholder processes and be fully transparent, thereby making the decisions they produce, and how those decisions were made, accessible to all.
We propose to replace the current text with the following one:
Accountable: Internal and external mechanisms for checks and balances as well as for public review should exist in all internet governance processes to ensure they are accountable to the public interest.
In APC’s view, this paragraph does not acknowledge issues of power and influence which is present in the interrelationship between stakeholder groups. Therefore, we propose the following formulation:
Inclusive and equitable: Internet governance institutions and processes should be inclusive and open to all interested stakeholders and build in mechanisms to manage conflict of interest and to redress imbalances in power and influence resulting from differential access to resources.
We propose an alternative text:
Distributed: Governance characterized by distributed mechanisms and organizations and covering a range of governance processes including policy, law, regulation and standard setting.
Change ‘interests’ to ‘perspectives’.
Proposed edit:
Internet governance institutions and processes should be open to all that are affected by the decisions they make and have mechanisms that prevent undue influence of powerful interests groups and that supports the participation of those that lack resources and capacity, especially stakeholders from developing countries and from underrepresented and marginalised groups.
This does not seem to be framed as a process principle. It gives the impression to be rather about processes our outcomes. We suggest to delete it.
This does not seem to be framed as a process principle and lacks clarity about what it is about. We suggest to delete it.
The APC supports Ian’s Peter suggestion and request the inclusion of a mention to the “Necessary and Proportionate” principles. They are a guiding principles that explain to States how to implement their international human rights obligations in the context of communication surveillance. The principles are firmly rooted in international law and jurisprudence.
I concur with this idea.
+ 1. The internet can only be a tool to empower the peoples of the world if its governance, development and management is based on respect, promotion and defense of human rights.
+1
I strongly agree
The mention to ‘a multistakeholder coordination mechanism” gives me the impression you are proposing a centralised instance. Would you elaborate further on your proposal, please?
Why use the construction ‘may contribute’? It is clear that these principles do contribute. They may not be a complete set, but they are an applicable set. I suggest dropping the word ‘may’ in this case.
One could question the degree to which this is true today. Perhaps we should drop ‘continue to’ from the first line.
One could question the degree to which the Internet is secure. Perhaps we could replace ‘should remain a’ with ‘should be a’ in the third line.
Fully agree with this position. Intellectual property on the Internet has been ‘protected’ beyond its legal categorizations and been forced on the network in a way that inhibits the openness of the Internet. There is no need to create new rights for those who attempt to corner the market on information.
The problem with rule of law is that some law runs counter to the human rights that the nations have signed onto. Any use of Rule of Law should be constrained as follows: by rule of law that falls within the constraints of the universal declaration of human rights..
Rule of law must always be constrained by the principles of the UDHR. There must be a differentiation between rule of law that is consistent with international norms and rule of law that oppresses. The statement cannot give blanket approval to rule of law when there are countries that persecute and imprison people for their sexual preference , political viewpoints, or persecutes them based on country of origin.
If it is mentioned it must be with international norms according to human rights established in the UDHR, ICCPR and other instruments of international law.
As long as it is limited to the producers as written in the UDHR, it is a human right. One it is extend to corporations that (mis)appropriate those individual rights, it is no long a matter of human rights.
Jeremy makes a good point here. The UDHR must be used to defend people’s rights, not those of corporations. Rights pertain to individuals, not countries or corporations.
People yes, but not he corporations that misappropriate the commons of language and of works long after the time limit on those rights. Nor on corporations who attempt to have IPR enforced on ‘property’ outside of its proper categories of protection.
I do not understand all these people papering the comments with rejection of permissionless innovation which is as fundamental to the internet as anything. Removing permissionless innovation is tantamount to arguing we want a ITU style centrally planned and regulated Internet. that would be the destruction of the Internet.
This has nothing to do with Privacy rights. The idea that there are people who want to restrict privacy for profits is a concern.
This is reasonable response to an assault on the freedom of the Internet by the army of IP lawyers. Yes people have rights, and all rights need to be balance, but this avalanche of profits before anything is disturbing and has not place in the NetMundial . please retain 13.
Permissionless innovation is one of the foundation of the Internet. It is what makes it what it is. to kill that is to kill the Internet.
Good sentence.
“Permissonless innovation” is no more theft than “property is theft.”
So many of these comments use exactly the same wording. Is this one of those famous IPR papering exercises?
Agreed.
the Tunis Agenda is an inter-governmental document that was never approved by non-governmental actors. While it was a good start for governments 10 years ago, it is not appropriate that everything should be consistent with it We need to make progress in the implementation of the multistakeholder model, not be held back by a narrow view from a decade ago. It is a good reference work. And it was a milestone for its time.
Not only do they have different roles to play, but these roles vary over time. The problem is that the phrase is rooted in a model that put Governments above all and allows them to usurp the roles and responsibilities of other stakeholders.
To eliminate the multistakeholder process is to go back to a world where a single stakeholder makes decisions this uni-stakeholder model should be avoided at all costs.
that seems good.
You all seem to see copyright everywhere. Inclusion is not about copyright.
Good suggestion.
Should be ‘periodic reports’
The outreach/discussion
has to extend beyond the I* as well as beyond ICANN.
Agree, this does seem a bit strong. I think the language of encouragement is better than ‘expected to commit’, e.g. ‘encouraged to implement’ .
What does it mean to conduct the process thoughtfully? Are processes not generally conducted thoughtfully? Or is this a word that somehow attempt to restrict the number of issues that are explored.
Currently the process is experiencing a problem with thoughtful exclusion of uncomfortable topics. For example the entire subject of how we maintain the accountability we now achieve through functional separation and division of responsibilities has been dropped form the document since the leaked draft. Is this what is mean by a thoughtful transition?
I recommend the addition of a sentence that reads something like:
“The transition should result in a Stewardship that provides at least the same degree accountability as the current practice of functional separation and division of responsibilities.”
Good idea.
good point.
If copyright where only used to mark the creative work of the creative, there might be something to consider. But since copyright is largely used to mark off part of the global commons for the financial gain of a few, I think this goes to far.
So yes, keep the Internet open and keep information and knowledge readily accessible to all.
The language of the Tunis Agenda was a government declaration that the non-governmental stakeholder did not have a voice in deciding.
It was a good start for the governments, but it has a long way to go. We should not limit ourselves to this historical document. Especially when dealing with roles and responsibilities. Lets understand it as a piece of its time, but one that does not fit in with the necessary equal footing of multistakeholder governance. Please do not add roles and responsibilities as recommended.
Plurality usually refers to various centers of power. Pluralism is the coming together of power centers. I think it better to stick to the language of stakeholders, which allows any human who is interested and gets involved to be one of the stakeholders without needing a power base or organizational membership.
The Tunis Agenda is a historical inter-governmental document. One does not need to remain consistent with it. One only needs to make progress beyond its limitations.
The US Council for International Business (USCIB) feels is important to amend this statement with language underscoring the importance of respecting the rights of individuals and the rule of law consistent with principles underlying democratic societies.
USCIB urges the deletion of “the free flow of data packets/information” and insertion of “that allows for cross-border data flows.”
USCIB supports an open Internet. Thus, we propose that this paragraph be revised as follows: “The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation that upholds the end-to-end open Internet and seeks to resolve technical issues in a manner consistent with this open, collaborative approach.”
Creative content has been an important driver of demand for infrastructure enabling Internet access. USCIB urges that language calling for “permission-less innovation” be struck because some consider the phrase vague. In its place, we urge that this principle include text acknowledging that the protection of creative works is recognized in Article 27 of the Universal Declaration of Human Rights.
Related to this, USCIB feels that this principle also should address Internet intermediary liability by incorporating relevant language in the OECD’s Internet Policy Principles. The language pertaining to intermediary liability, the 12th of 14 principles, represents a balanced and nuanced compromise developed across all stakeholder groups.
USCIB supports the meaningful participation of all stakeholders in the Internet governance process. However, we feel that the participation should be appropriate to the particular Internet-related forum based on that stakeholder’s skills and expertise. A stakeholder with policy expertise, for example, may have little to contribute to a highly technical discussion. Thus, we feel that the concept of multistakeholder participation would be greatly improved by language clarifying that stakeholder participation is most meaningful and impactful when groups are participating according to their competencies and expertise. Thus, we propose revising the language as follows: “. . . meaningful and appropriate participation of all stakeholders, including governments, the private sector, civil society, the technical community, academia and users.”
USCIB feels it is important to bear in mind that different stakeholders bring different skills sets and expertise to the “multistakeholder table.” Thus, we urge the addition of language clarifying that the development of procedures through multistakeholder processes should allow for “meaningful and appropriate participation of all stakeholders.”
USCIB supports an inclusive, bottom-up process for considering Internet governance issues that does not disadvantage any category of stakeholder. As we noted in earlier comments, however, USCIB feels it is important to bear in mind that different stakeholders bring different skills sets and expertise to multistakeholder discussions. Thus, we urge the addition of language clarifying that the development of procedures through multistakeholder processes should allow for “meaningful and appropriate participation of all stakeholders.”
USCIB supports the aim of this principle, to promote capacity building and better enable the participation of stakeholders new to the Internet governance space, including those who may be from developing countries. As we noted in earlier comments, USCIB feels it is important to recognize that some operational or policy aspects of Internet governance discussions may require certain skill sets and expertise. Thus, we urge the addition of language clarifying that the development of procedures through multistakeholder processes should allow for “meaningful and appropriate participation of all stakeholders.”
USCIB urges revisions to the language that are aimed at setting forth a process to better enable discussion about current mechanisms that address Internet-related topics and issues and consideration of how those existing mechanisms might be improved, possibly through improved coordination among stakeholders. USCIB advocates a concerted effort at collaboration between existing Internet governance forums, according to their mandates and scopes.
USCIB is a staunch supporter of the IGF, which serves as the premier forum for multistakeholder discussion of Internet governance issues, sharing of best practices, practical discussions aimed at addressing technical issues. We feel the IGF’s essential character as a forum for discussion and information-sharing should be preserved. The language as drafted could open the door to turning the IGF into a forum for binding negotiations. We therefore urge the addition of language clarifying that the IGF’s value lies in its ability to foster discussion, not negotiated outcomes.
USCIB supports the IANA transition from the US government to ICANN. However, it must not be captured by any governmental entity. Therefore it is essential that it is clear and the NETMundial Outcomes document specifically states that ICANN will remain a truly international and global “non-governmental” organization.
USCIB would oppose any effort to make the outcomes of the NETMundial binding on all participants.
USCIB urges that this language be revised to recognize the importance of the CSTD and other Internet governance discussions as forums for further consideration of NETMundial outcomes.
USCIB regards this language as somewhat presumptuous. As drafted, it assumes that existing forums, in fact, will convene new work-streams to address the outcomes of the NETMundial. USCIB therefore proposes language that considers the creation of post-NETMundial work-streams “as appropriate.”
This comment is a request to extend the public review and comment period for an additional 14 days.
As a creative stakeholder, I would like first to commend NETmundial for its efforts to advance moral norms and intellectual property respect worldwide. As NETmundial says, the goal is to work “toward the development of a broad consensus.”
In that context, it is highly questionable whether a public comment period of only one week that falls entirely concurrent to worldwide Christian holy days can effectively serve the public interest?
As an active participant in policy and technical working groups of consensus standards development bodies in the U.S. and worldwide, I would like to point out that a minimum 30-day public/stakeholder period is customary for first-round draft commentary, with a minimum 15-day additional comment period customary for review and commentary on later substantive changes.
Please consider extending or quickly reopening the comment period for the principles and roadmap.
Thank you and kind regards,
Barry Morse
Songwriter/composer/artist
USA
I wholeheartedly support the comments above, and protecting the fundamental rights of intellectual property creators against misappropriation or illicit use of their creations.
Recommend amending paragraph 7 to read “Everyone should have equal right to access, share, create, and distribute information on the Internet.”
The current wording unintentionally infers unlimited rights on everyone. That end is neither possible nor desirable.
Online privacy should be protected without general or specific reference to offline privacy. In some regions of the world, offline privacy is nonexistent.
“Online” is a new word. How does “online” compare to “Internet?” I would suggest using “Internet privacy” for consistency and simplicity.
If “online” is nevertheless used, it can be defined as synonymous with “Internet.”
The UK is rightly concerned. I would offer one modest change to their proposed amended wording:
“Everyone should have equal right to seek, receive, and impart information through any media regardless of frontiers.”
This document may never go far enough to define the full extent of “the right.” But this document should establish that a right exists and that everyone shares that right equally, regardless of frontiers.
“Netmundial has no binding authority” nor does the General Assembly of the United Nations.
Let us anticipate the formation of a treaty or an international agreement from the meeting. Yes, something in writing would make a difference.
“Netmundial has no binding authority” nor does the General Assembly of the United Nations.
Let us anticipate the formation of a treaty or an international agreement from the meeting. Yes, something in writing would make a difference.
We agree on Steve Metalitz’s comments and proposed language for the second sentence of Para. 13. An alternative could be :
““For the preservation of its dynamism, Internet governance must continue to allow innovation while preserving intellectual property rights and more generally the rule of law on the Internet, in the interest of all stakeholders”
Benoît Ginisty
FIAPF
People have the right of ownership of things they produce specifically art, designs and other things that are a result of a persons thoughts, talents or abilities.
Preserving the global cross-border nature of cyberspace requires the development of governance mechanisms to handle the growing tensions between jurisdictions online, on an issue-by-issue basis.
We therefore strongly welcome the emphasis on the need to address the issue of jurisdiction and Internet Governance in the roadmap of NETmundial.
The Internet & Jurisdiction Project, a global multi-stakeholder dialogue process launched in 2012, facilitates the development of a due process framework to deal with transborder tensions around online content,
The 2014 IGF should indeed be an opportunity to review progress on this topic, with a view to examine a draft framework in early 2015.
More information: https://www.internetjurisdiction.net
I think, this is more of a guideline on how the meeting should go and what is the priority! Without this document, the flow of the meeting will be utter chaos! We need something as a guidance tool, though much more will be discussed at the meet!
I agree with what rishab has said +1
A key aspect of transparency is knowing where and when Internet governance issues are being discussed or negotiated. The text is fine as far as it goes, but there should also be a duty to publicize in advance that decisions will be considered or made, by whom, where and when.
I suggest a slight addition here, in one of 2 forms, either:
(a) … approaches that reflect the *informed* inputs and interests of stakeholders.
or
(b) … approaches that reflect the inputs and inputs of *knowledgeable* stakeholders.
The leading Internet standards organizations have developed a set of principles, coming out of a lengthy consideration. I’d recommend considering referring to, or simply incorporating those here. See: https://open-stand.org/principles/
There is a question arises, who and when processed and generalized these conclusions?
The recommendations of NETmundial are also intended to constitute a potentially valuable contribution for use in work of other Internet governance related fora and international entities
New edition: The recommendations of NETmundial are also intended to constitute a potentially valuable contribution for use in work of other Internet governance related fora and international entities
There is a question arises, whether considered in the preparation of these principles 10 principles of the Declaration of the Committee of Ministers of the Parliamentary Assembly of the Council of 21 September 2011?
New edition: International Internet governance organizations must respect and promote cultural and linguistic diversity in all its forms
New edition: Development: all people have a right to development and the Internet has a role to play in helping to achieve the full realization of internationally agreed sustainable development goals. It is a vital tool for giving people living in poverty the means to participate in development processes.
New edition: Security, stability and resilience of the Internet should be a key objective of all stakeholders in Internet governance. As a universal global resource, the Internet should remain a secure, stable, resilient, and trustworthy network. Effectiveness in addressing risks and threats to security and stability of the Internet depends on strong cooperation among different stakeholders and it must fixed in international law.
New edition: The ability to innovate and create has been at the heart of the remarkable growth of the Internet and it has brought great value to the global society. For the preservation of its dynamism, Internet governance must continue free from need of permissions to allow innovation through an enabling Internet environment.
New edition: Multistakeholder: with the full participation of governments, the private sector, civil society, the technical community, academia and the users in their respective distinctly defined roles, duties and sphere of responsibility
New edition: Open, participative, consensus driven governance: The development of international Internet-related public policies and Internet governance arrangements should enable the participation of all stakeholders from around the globe, and made by international law.
Transparent: Decisions made must be easy to understand, processes must be clearly documented and follow agreed procedures, and procedures must be developed and agreed upon through creating norms of international law.
New edition: 25 Open standards
Internet governance should promote open standards, informed by individual and collective expertise and practical experience and decisions made by open consensus, that allow for a unique, interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards must be consistent with international law, human rights and allow development and innovation.
New edition: Enabling meaningful participation: Anyone affected by an Internet governance process should be able to participate in that process. Particularly, must be create the International Internet governance institutions and mechanisms support capacity building for newcomers, especially stakeholders from developing countries and underrepresented groups.
New edition: Collaborative: Internet governance should be based on cooperation of the states, international law and encourage collaborative and cooperative approaches that reflect the inputs and interests of stakeholders.
New edition: Inclusive and equitable: Internet governance institutions and processes should be inclusive and open, based on the law and has the control one or some states or holders
New edition: Accountable: Necessary to create an international organization which will create obligatory reporting
It is impossible to achieve consensus among all interested parties, therefore it is impractical to declare it as a purpose of NETmundial.
New edition: The objective of this proposed roadmap for the future evolution of Internet governance is to outline possible steps forward in the process of continuously improving the existing Internet governance framework ensuring the involvement of all stakeholders, based on their competencies and responsibilities
New edition: The Internet governance framework is a distributed and coordinated ecosystem involving various organizations and fora. It must be inclusive, transparent and accountable, and its structures and operations must follow an approach that enables the participation of all stakeholders in order to address the interests of all those who benefit from the Internet not violating human rights
New edition: Internet governance should serve as a catalyst for sustainable and inclusive development and protection of human rights. Participation should reflect geographic diversity and include stakeholders from developing and least developed countries.
New edition: Internet governance decisions are sometimes taken without the meaningful participation of all stakeholders. It is important that multistakeholder decision-making and policy formulation are improved in order to ensure the full participation of all interested parties, recognizing the different roles played by different stakeholders in different issues and their responsibility under international law.
New edition: Enhanced cooperation to address international public policy issues pertaining to the Internet must be implemented on basis of international law in the framework of existing international institutions, with the participation of all stakeholders. It is important that all stakeholders commit to advancing this discussion in a multistakeholder fashion.
New edition: Internet governance processes should be carried out by an international organization under the auspices of the UN. Stakeholder representatives appointed of such organization should be selected through open and transparent processes. Different stakeholder groups should self-manage their processes based on inclusive, publicly known, well defined and accountable rules.
New edition: Enabling capacity building and empowerment through such measures such as remote participation and adequate funding, and access to meaningful and timely information which are not contrary to the national interest, are essential for promoting inclusive and effective Internet governance.
New edition: All stakeholders must renew their commitment to build a people centered, inclusive and development oriented Information and Legal Society. Therefore in pursuing the improvements of the Internet governance ecosystem, the focus on the digital development agenda should be retained.
New edition: Enabling capacity building and empowerment through such measures such as remote participation and adequate funding, and access to meaningful and timely information which are not contrary to the national interest, are essential for promoting inclusive and effective Internet governance.
New edition: There is a need to develop multistakeholder mechanisms and harmonized legal platforms at the national level at the national level owing to the fact that a good portion of Internet governance issues should be tackled at this level. National multistakeholder mechanisms and national legal platforms should serve as a link between local discussions and regional and global instances. Therefore a fluent coordination and dialogue across those different dimensions is essential.
New edition: There should be meaningful participation by all interested parties in Internet governance discussions and decision-making, with attention to geographic, in order to avoid asymmetries.
New edition: All of the organizations with responsibilities in the Internet governance ecosystem should participate in the development and follow the correct procedures, appropriate for transparency, accountability and inclusiveness. All such organizations should prepare regular reports on their progress and status on these issues. Those reports should be made publicly available.
New edition: Extending the IGF mandate beyond five-year terms on condition of formation of clear representation, structure and decision-making.
New edition: In the follow up to the recent and welcomed announcement of US Government with regard to its intent to transition the stewardship of IANA functions, the discussion about mechanisms for guaranteeing the transparency and accountability of those functions after the US Government role ends, has to take place through an open process with the participation of all stakeholders extending beyond the ICANN community. Suitable platform for this could be IGF.
New edition: The IANA functions are currently performed under policies developed in processes hosted by several organizations and forums. Any adopted mechanism should protect open and participatory nature of those policy development processes and ensure the stability and resilience of the Internet.
New edition: This transition should be conducted thoughtfully with a focus on maintaining the security and stability of the Internet, empowering the principle of equal participation among all stakeholder groups in accordance with international law, and striving towards a completed transition by September 2015.
New edition: The active representation from all stakeholders and transparency of participation in the ICANN structure from all regions is a key issue in the process of a successful globalization.
New edition: It is necessary to continue work pursuing international agreements on topics such as jurisdiction and law enforcement assistance to promote cybersecurity and prevent cybercrime and ensure the stability of all processes on the Internet. Discussions on those issues should be held in a multistakeholder manner.
New edition: Initiatives to improve cybersecurity and address digital security threats should involve appropriate collaboration among governments as well as private sector, researchers, technical experts, governments and NGOs. There are stakeholders that still need to become more involved with cybersecurity, for example, network operators and software developers.
New edition: There is room for new forums and initiatives, they should not duplicate, but to add to current structures. All stakeholders should aim to respect human rights, to leverage from and improve these already existing cybersecurity organizations. The experience accumulated by several of them demonstrates that, in order to be effective, any cybersecurity initiative depends on cooperation among different stakeholders, and it cannot be achieved via a single organization or structure.
New edition: Capacity building and financing are key requirements to ensure that diverse stakeholders have an opportunity for more than nominal participation, but in fact gain the knowhow and the resources for effective participation. Capacity building is important to support the emergence of true multistakeholder communities, especially in those regions where the participation of some stakeholders groups needs to be further strengthened, without violating someone’s national interests.
New edition: Several constributions to NETmundial identified points that need urgent discussion and better understanding:
New edition: All the organizations, forums and processes of the Internet governance ecosystem are encouraged to take into account principles agreed in NETmundial.
New edition: It is expected that the NETmundial findings and outcomes will discuss into other processes and forums, such as WSIS+10, IGF, and all Internet governance discussions held in different organizations and bodies at all levels.
New edition: The follow up and future discussion of topics listed in this document should inform the establishing the legal framework for international Internet governance, the work, prompt the creation of expert groups and, task forces or groups of facilitators convened by existing entities or bodies. They should present reports of their works in major Internet governance meetings.
New edition: It is expected that the process of globalization of ICANN speeds up leading to a truly international and global organization under the auspices of the UN in international law serving the public interest with an independent status and clear accountability mechanisms that satisfy from international society requirements from both internal stakeholders and the global community.
A link to the list of the 188 documents and their content would demonstrate much more transparency in this process. By including these documents in this process, everyone who tried to contribute would know that at least their efforts are accessible for others to review.
“equal technical treatment of all protocols and data” is a poor way to phrase network neutrality. Equal treatment is against the user’s best interests, because some traffic (such as audio/video) requires timely delivery, and other traffic (such as browsing or email) may sometimes be slightly delayed. A more subtle word such as “fair” or “equitable” should be used. A slightly more technical term would be “fair differentiated services”.
I believe that this document, like much writing about Internet governance, crucially fails to distinguish issues that are generic and affect all modern telecommunications from the limited set of issues that affect only the Internet. This is important because the generic issues cannot be addressed by measures specific to the Internet. I have more details on this at https://www.cs.auckland.ac.nz/~brian/ClassifyingLandscape.pdf
As a published author, I fully appreciate that IPR should be respected. But in the picture of Internet governance as such, IPR issues constitute a side-issue that should be treated completely separately from the core issues of the Internet itself. I believe that discussing IPR would be a distraction for NETmundial.
Richard, please see my earlier comment explaining why the word “equality” is technically incorrect. Different types of traffic *need* different treatment, in the best interests of users. The word you need is “fairness”.
It is true that innovation and creativity have been driving forces in the rapid evolution of the internet. HOWEVER, theft of intellectual property is NOT innovative nor does it it constitute creative works. This concept of “permissionless innovation” is nothing more than a license to steal.
I’m against including copyright or intellectual property, which is just artificial monopoly and not related human rights.
add “the right to anonymous speech should also be protected “
SIIA considers that it would be helpful to end the paragraph with “that respects the rule of law” as we believe it to be important to emphasize that the Internet, just as any other human invention or endeavour, should respect the rule of law.
The Software & Information Industry Association (SIIA) supports strongly the idea of accessibility but believes it would be more realistic to say that “persons with disabilities should be able to avail themeselves of as many online resources as possible and practicable.”
The Software & Information Industry Association believes strongly that all people should benefit from development but that there is no “right to development.” We would redraft to say “all people should benefit from development…”
The Software & Information Industry Association believes that for consistency’s sake, it would be useful to add “resiliency” to the last line.
The Software & Information Industry Association suggests the following rewrite: “The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation, that upholds the end-to end nature of the network and seeks to resolve technical issues in a manner consistent with this open, collaborative approach.” The reason for this approach is that we believe that formulations that suggest a net neutrality principle should be avoided in this context as there is no consensus on this topic. It is certainly a legitimate subject for discussion, but we believe Netmundial should focus on higher-level governance questions.
The Software & Information Industry Association considers that the second sentence of this paragraph should be struck. Instead, we propose that the value of intellectual property protection be recognized with a reference to Article 27 of the Universal Declaration of Human Rights. Concommittantly, we propose that Intermediary liability should be limited in line with international best practices. Intellectual property protection and appropriate limits on intermediary liability are essential components in a continuing thriving Internet economy.
The Software & Information Industry Association strongly supports the multistakeholder approach to Internet Governance. We believe that this approach should be refined to reflect the idea that Internet Governance is complex with many difference workstreams and activities. Stakeholders with the appropriate expertise should participate in those discussions.
The Software & Information Industry Association leans on the side of being inclusive in terms of stakeholder participation, but again we believe that expertise should be taken into account when determining participation in a given discussion.
The Software & Information Industry Association suggests that the paragraph end with “acknowledging substantive and operational needs.” Again, we believe that some recognition of the need to prioritize participation of individuals with appropriate expertise is needed. This by no means implies agreement, only that some level of substantive knowledge is needed for constructive participation.
The Software and Information Industry Association considers that some appeals mechanism should exist. We therefore propose the following text. “Mechanisms for checks and balances, review and an appeals process should exist.”
The Software & Information Industry Association reiterates the view that participation should be as inclusive as possible taking into account substantive qualifications as well. And again, this does not suggest that only people with the same views should be allowed to participate.
The Software & Information Industry Association reiterates the need for substantive preparation in order to be able to participate in Internet governance discussions productively. We certainly support more participation from developing countries but note that not all newcomers to the discussion will come from the developing world.
The Software & Information Industry Association considers that the concept of transparency should be included in this paragraph.
The Software & Information Industry Association believes that stakeholders from developed countries should also be included.
The Software & Information Industry Association agrees that it is essential for stakeholders to participate meaninfully. We also believe that stakeholders should be accountable in the sense that they should provide substantive explanations for the positions they take.
The Software & Information Industry Association offers the following rewrite as we believe it strenghthens what the authors of this paragraph seek to say. “All stakeholders should commit to full cooperation with each other, in a multistakeholder fashion, to address international public policy issues pertaining to the Internet.”
The Software & Information Industry Association notes that there may be an “additional” need to develop multistakeholder mechanisms and suggests substituting “consistent” for “a fluid.”
The Software & Information Industry Association suggests adding “improving” prior to “mechanisms” which is in keeping with the subject of this section.
The Software & Information Industry Association supports strengthening the IGF, including by its providing outcomes/recommendations and the analyis of policy options. We believe, however, that at the same time, the IGF should be preserved as a discussion and knowledge sharing forum, rather than a venue for decisions or negotiations. The priority should be to sharpen the focus of IGF deliberations with a view to making them more impactful.
The Software & Information Industry Association considers that the need to ensure the “operational functionality” should be included in this paragraph.
The Software & Information Industry Association proposes adding “non-governmental” prior to organization. We think that all stakeholders in ICANN structures need to be represented, as well as stakeholders that might not today be part of ICANN’s formal stakeholder structure.
The Software & Information Industry Association considers it important to have more network operators and software developers from developing countries participate in these discussions.
The Software & Information Industry Association welcomes the idea that work should build on existing forums and initiatives and wishes to emphasize the importance of this notion.
The Software & Information Industry Association suggests striking “human rights” before law as the full spectrum of applicable international law needs to be considered.
The Software & Information Industry Association suggests striking this bullet as it is not clear what is intended.
The Software & Information Industry Association considers that Netmundial will be an important reference for future Internet governance discussions. It will be – and should be – non-binding. The quality – and representativeness – of Netmundial’s outcome will ultimately determine the mundial’s place in Internet governance history.
At this case could be a good thing make a clarification about what is the meaning of “full participation”. Just because Leon identified an other meaning of this expression.
Participation of all stackeholders and sectors must be on equal footing of representation and giving to the end users and academy the possibilities to do that.
There needs to be language to recognize intellectual property protection and the rule of law generally as key ingredients of sound Internet governance. I believe a strong and vibrant Internet is core to the future of independent artists but all creative and innovative people, such as photographers, need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
“There is a need to develop multistakeholder mechanisms at the national level owing to the fact that a good portion of Internet governance issues should be tackled at this level” is somewhat tautological and does not address the real argument as to why the national and regional dimensions are important, which is based on the subsidiarity principle. The closer the discussions are produced to the different communities’ environment, the more accurately they will effectively address their problems.
I write novels. I work very hard on them, and I give up a lot to make them good, and I sell them myself for a very low price.
Don’t I have a right to expect something for my hard work, the same as a carpenter or an IT worker?
This clause would mean that many novelists would stop working.
Until we have a society where things like housing and food are free, it’s unfair to expect artists to go without pay.
NETMUNDIAL CGI.DR
Global Multistakeholder Meeting On The Future Of Internet Governance
© Carrie Devorah
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The agenda for Netmundial is buried deep down into their Principles. Cut to the chase, NEtmundials is another front in the attack on Copyrights & Identity ownership. While NETmundial “talks” about Multistakeholders, those impacted, further by the Internet are not mentioned once- the little people who lives and livings are decimated by the Internet Of Everything- theft of Identity and Intellectual Property online- the entities, the multistakeholders stealing what belongs to Legislators constituents- Silicon Valley’s, San Francisco’s brightest and best. Pew research reports increasing online thefts. Cutting to the chase, I wanted to know who are these “masked men” called Stakeholders stealing people’s identity and intellectual Property?
The answer is simple. It took some reading. The answer to moving IANA out of US territory and possession is NO, a thousand times no.
The Multistakeholders include ITU the International Telecommunication Union, the United Nations specialized agency for information and communication technologies (https://www.itu.int/en/Pages/default.aspx); ICANN; ISOC (https://www.internetsociety.org/); IETF the Internet Engineering Task Force (https://www.ietf.org/); IEEE (https://www.ieee.org/index.html); IGF Internet Governance Forum ( https://www.intgovforum.org/cms/); W3C world wide web consortium (https://www.w3.org/); APNIC (https://www.apnic.net); APRICOT Asia Pacific Regional Internet Conference on Operational Technologies; KISA (https://www.nida.or.kr/kisa/eng/english_ver.html); IAJapan Internet Association Japan (https://www.iajapan.org/); Electronic Network Consortium (https://www.enc.or.jp/eindex.html); IIA Internet Industry Association (https://iia.net.au/); CERT Software Enginneering Institute (https://www.cert.org/); SPAMHOUSE Spam removal (https://www.spamhaus.org/); IPv6 Forum The New Internet (https://www.ipv6forum.com/ Vincent Cerf Honorary Chairman); APIRA Asia Pacific Internet Research Alliance (https://www.apira.org/); GWC (https://en.gwc.net/); IAB (https://www.iab.org/); IETF (https://www.ietf.org/); W3 (https://www.w3.org/); 5 RIRS (https://www.nro.net/) .
A few weeks ago, US Legislators held a hearing on moving IANA away from America. There were no answers as to Judicial oversite. There was no mention of 1Net.org. And when Congresswoman Zoe Lofgren wondered if Vincent Cerf knew about the push to move IANA by 2015. Not one witness at the hearing table said, ‘not only is Cerf on board, he is truly On board, one of the guys high up, way high up.’
Ask one or two witnesses at a hearing a logical question, too often, a 3rd party jumps in changing the topic abruptly or is at the witnesses shoulder within seconds, excusing their need to pull the witness “now.” One doesn’t think too hard seeing, yet again, lobbyists or persons with Non Profit money to burn behind them. Experts Witnesses are placed by parties with vested interest. This people are offered as having Expert Knowledge. Expert Knowledge is not a good thing to gift to often professors in the Internet world especially are the little guy on the streets that will never get called as a witness if they aren’t famous or didn’t lose a child. Losing livelihoods and ability to pay bills, isn’t sexy enough a theme. Yet that is who is being ravaged by this Internet of Everything, owners of Copyrights, Intellectual Property and Identities, stolen, shared and Algorithmed across the Internet. A nice farmer in Wisconsin is being sold as a commodity in France. This comment in fact will be picked up and sold as a PDF, without license or permission, in countries like Germany and Japan, signators on the Berne Convention.
Watching a Hearing can be pain filled. Legislators, mostly, millennial staff, feed the legislators questions to ask. Quoted? New York Times, Washington Post? What ever happened to citing person’s in history or the little man on the street.
Legislators are expected to then rule on issues that change lives. A famous response in American legislative history is former Speaker of The House Nancy Pelosi saying, “you have to read it to find out what’s in it.” That Legislation continues to be written, still. The shift of the IANA out from under the Department of Commerce to the EU is beginning to feel a lot like that moment in American history. Sometimes Legislators just aren’t getting close to asking the right question. Sometimes they ask the right question, they just don’t know that are not being given the right answer.
Like who are the Multistakeholders and what weren’t Legislators being told before Legislators are pushed to vote, were two questions needing to be answered, moreso in the blush of State Department’s disruptive Tweets, and in light of State Department’s supporting entity’s like TOR.
The Answers the Legislators sought were available. Not in that hearing. They are on the 1Net.org website, a name not mentioned during the Hearing or in submitted testimony, like (i) what about security of IANA if moved out of America oversight, (ii) where would be the legal forum for American’s to resolve disputes within, and other questions able to be heard on the Library Of Congress Audio recording of the Hearing that day.
1Net.org clarified a question Legislators asked ICANN’s CEO testifying to convince the US Legislators to released oversight of ICANN from the US Department Of Commerce during the Hearing, “Hearing: Should the Department of Commerce Relinquish Direct Oversight Over ICANN?” chaired by Congressman Tom Marino. Head on the video to 1:53:16+ of Congressman’s questioning of a witness. (https://judiciary.house.gov/index.cfm/2014/4/hearing-should-the-dept-of-commerce-relinquish-direct-oversight-over-icann) (https://judiciary.house.gov/index.cfm/hearings?ID=027833A0-0028-42E2-A14B-B9C8BA2576A6 )
The answer to Congressman Marino’s (R ) and Congressman Jefferies’ (D) question of what do Legislators’ tell their constituents, the answer is here, “Due to the open communication nature of the Internet, 1Net.org cannot represent, warrant or guarantee that communications stored on 1Net.org servers will be free from unauthorized access by third parties, loss, misuse or alterations. While 1Net.org will take reasonable and appropriate security measures to protect against unauthorized access, disclosure, alteration or destruction of personal information received, 1NET.ORG DISCLAIMS ANY AND ALL LIABILITY FOR UNAUTHORIZED ACCESS OR USE OR COMPROMISE OF YOUR PERSONAL INFORMATION. USERS ARE ADVISED THAT THEY SUBMIT SUCH PERSONAL INFORMATION AT THEIR OWN RISK.”
The Secretary of Commerce’s words were misleading. There is no security. There is no protection. There are no guarantees. What takes place on the Internet, as example shows, time and again, is not secure, wont ever be, as long as there is SPAM online, breaches, hacks and Facebook User Message Box’s being overwhelmed with Girls Selling, well, Girls.
What tips the Agenda of NETMundial are the words to enable “environment for innovation and creativity” the “ability to innovate and create hamust continue to allow permissionless innovation through an enabling Internet environment.”
Permissionless- as in Orphan Works, Collective Licensing, Decimating local ability to be self sustaining and maintaining local infrastructures for towns and by its people.?
1Net.org also states its “Standards must be consistent with human rights and allow development and innovation.” Isn’t a Human Right the ability to own their ARTS, protect their copyrights, and not have their identity stolen, Algorithmed or Human Trafficked.
The 1Net.org site states; “(4) … This transition should be conducted thoughtfully with a focus on maintaining the security and stability of the Internet, empowering the principle of equal participation among all stakeholder groups and striving towards a completed transition by September 2015.”
(5) It is expected that the process of globalization of ICANN speeds up leading to a truly international and global organization serving the public interest with an independent status and clear accountability mechanisms that satisfy requirements from both internal stakeholders and the global community.
The active representation from all stakeholders in the ICANN structure from all regions is a key issue in the process of a successful globalization.”
The 1Net.org site continued, and this is where global Legislators must listen, “III. Issues dealing with specific Internet Governance topics of Security and stability” I read to say even they don’t have answers to Security and Stability;
1(c ) While there is “room for new forums and initiatives…experience accumulated by several of them demonstrates that, in order to be effective, any cybersecurity initiative depends on cooperation among different stakeholders, and it cannot be achieved via a single organization or structure.”
(2) says at a time North Korea challenges South Korea, Israel is being threated by its neighbors and Russia just invaded Crimea, “Internet surveillance – Mass and arbitrary surveillance undermines trust in the Internet and trust in the Internet governance ecosystem. Surveillance of communications, their interception, and the collection of personal data, including mass surveillance, interception and collection should be conducted in accordance with states’ obligations under international human rights law. More dialogue is needed on this topic at the international level using forums like IGF and the Human Rights Council aiming to develop a common understanding on all the related aspects.
NETmundial admits there are “several contributions to NETmundial identified points that need further discussion and better understanding” the exact questions Congressmen Marino and Jeffries were seeking answers for during the April 10th Judiciary hearing, that “Different roles and responsibilities of stakeholders in the Internet governance ecosystem, including the meaning and application of equal footing (i)Jurisdiction issues and how they relate to Internet governance (ii) A principle based code of conduct and related indicators for the Internet governance ecosystem.
The 1Net.org “Way Forward” portion of their site says “It is expected that the NETmundial findings and outcomes will feed into other processes and forums, such as WSIS+10, IGF, and all Internet governance discussions held in different organizations and bodies at all levels.” Further, “All the organizations, forums and processes of the Internet governance ecosystem are encouraged to take into account the outcomes of NETmundial.”
Who are WSIS+10, IGF, 1Net.org? Stakeholders, too?
Confirmation of identities is needed before moving forwards. The stakeholders impacting Netmundial, must be named, along with the identities, of individuals not just organizations, supported by the “High-Level Multistakeholder Committee”, composed of ministerial representatives of 12 countries (Argentina, Brazil, France, Ghana, Germany, India, Indonesia, South Africa, South Korea, Tunisia, Turkey and United States of America) plus 12 members of the multistakeholder international community.” Who are they? Global legislators are entitled to know exactly who “This Committee” is, name by name, photo by photo, including name by name, photo by photo of “representatives of the International Telecommunication Union (ITU)) and the Department of Economic and Social Affairs (DESA) of the United Nations, and representation of the European Commission.” A Legislator at the US Congress House Judiciary Committee asked this question, of the CEO of the non-profit ICANN, when testifying before the Committee, predictive as the question was, ‘you are here today Fadi if we make this agreement with you. But tomorrow, when you are gone, if we offshore IANA out of America, what protections do we have when you are gone and the politics of “High-Level Multistakeholder Committee” change? Then what. What protections are in place?”
Protections start with Common Sense, which is not very common, it seems in the world of the Internet of Everything and Corporate and non-profit greed. Common sense says get a 100% handbook created provided to Legislators around the world, making this same decision of transferring global citizens lives Internet of Everything to Unknowns.
100% disclosure of photos, bios, background checks be provided to the international community along with their organizational handbooks, operational procedures or NO. Not gonna happen.
The same criteria applies to exposing photos, bios, background checks and identities of the “Executive Multistakeholder Committee.” The “Executive Multistakeholder Committee” is responsible for the “agenda of the meeting, its format, the call for participants and the management of the received content contributions, ensuring balanced participation of the global community.” There are “nine international members, including representatives of technical, civil and academic communities, the private sector and the Department of Economic and Social Affairs of the United Nations. The Organization of the event is completed by the “Logistics and Organizational Committee and the Council of Governmental Advisors.”
Name them- each and every person- provide photos, bios and background checks. Provide all content contribution submissions the Meeting received- 188 contributions from 46 different countries. This will allow global legislators to see first hand for themselves data they need to read and review, in order to make responsible decisions for their Constituents rather than relying on abbreviated pitches and summations they received from interested parties with agendas.
Respecting the “Multistakeholders” have on going meetings towards accomplishing their end goal, one would have thought, going slow with data release, would have been a no brainer.
It took time to locate this answer. This meeting is a meeting organized in partnership between CGI.br, the Brazilian Internet Steering Committee and /1Net. /1Net is described as “a forum that gathers international entities of the various stakeholders involved with Internet governance.”
Who is /1Net?
Their website states, “/1net provides an inclusive and open platform to discuss Internet governance matters for all those interested (individuals, governments, civil society, academia, technicians, and business. (https://1net.org)
The 1Net.org website says “For the last several years, the leadership of several recognized Internet organizations (ISOC, ICANN, IAB/IETF, IANA, the 5 Regional Internet Registries (RIRs), and W3C; sometimes referred to as the “Internet technical organizations”) have met periodically to promote better coordination between these groups.” /1Net’s website continues “While there have been brief statements issued… after the October 2013 meeting (known as the Montevideo Statement on the Future of Internet Cooperation) made some observations about the Internet which were fairly obvious but hadn’t been documented previously in a clear and consistent manner. High-level points from the Montevideo Statement include:
• Importance of globally coherent Internet operations
• Concern over Internet fragmentation at a national level
• Strong concern over pervasive monitoring and surveillance
• Ongoing need to address Internet Governance challenges
• Need for evolution of global multi-stakeholder Internet cooperation
• Need for globalization of ICANN and IANA functions
• Need to allow all stakeholders (including governments) to participate equally
• Need for the transition to IPv6 to remain a top priority globally”
The site says after the Montevideo Statement was released, there was “a call for a neutral, open forum to discuss Internet challenges.” Seven months before ICANN testified before the House Judiciary, the “1net initiative was created….is intended to be a neutral, focused initiative to discuss selected Internet issues with the intent of working towards actionable collaborative solutions.”
I have no recollection of 1Net being discussed with the Judiciary Committee. That said I don’t recall Montevideo Statement being discussed either. But its not up to my memory to rely on. There are the submitted testimonies. There are the witness prehearing disclosures that must be made. And then there is the video recording every hearing even when C-Span is not there.
1Net’s site states their purpose is “to provide an inclusive and open venue supporting discussion of Internet governance matters for all those interested (individuals, governments, civil societies, technicians, etc.) 1Net wants to “deliver the results of those discussions to the agendas of established and developing Internet governance institutions.” 1Net’s site states “It is vital that the voices of all contributors be heard and carried forward to help shape the future of the Internet’s governance.”
I believe before this process goes further, this has to happen, name them- each and every person- provide photos, bios and background checks. 100% disclosure along with their organizational handbooks, operational procedures. This has got to happen. And should be easy enough in that “all 1net communications will be held electronically.” The Meeting were streamed online. Summaries of some meetings were prepared and “distributed electronically using our established electronic communication channels.”
Legislators must immediately join on to 1net’s mailing list. Identify the “author organizations of the Montevideo Statement on the Future of Internet Cooperation facilitate this discussion platform.” The 1Net site says “they recognize participation from a large and diverse set of voices is necessary to move Internet governance discussions forward.”
1Net should comply with Legislators request even before Congresswoman Zoe Lofgren gets on a plane to visit ICANN’s headquarters. The 1Net site says, “1Net.org will provide personal information to third parties, government authorities and agencies as and when required to: (i) comply with applicable laws, regulations, legal process or enforceable governmental request; (ii) protect 1Net.org’s or a third party’s legal rights; (iii) receive contracted services or use of licensed products from third party providers; (iv) comply with any court order or legal proceeding; (v) comply with 1Net.org’s code of conduct principles; (vi) detect, prevent or otherwise address fraud or other criminal activity or errors, security or technical issues; or (vii) protect against imminent harm to the rights, property or safety of 1Net.org, our users or the public as required or permitted by law.”
Legislators need to know, in advance, the 1Net policy for “International Transfers.”
It says “By using our Site or giving 1Net.org personal information online, the User is directly transferring personal information and non-identifiable information to 1Net.org in the United States and may also be transferred and processed in other countries where our staff or service providers are located. The United States and such other countries may not have the same level of data protection as the User’s jurisdiction.” Users living outside of America providing 1Net.org with personal information directly via the Site. 1Net site states, “The User is solely responsible for compliance with any data protection or privacy obligations in the User’s jurisdiction when using the Site or provide 1Net.org with personal information.”
1Net’s “Information Security and Integrity” advisory says though 1Net.org “will use reasonable industry standard safeguards (which may include physical, procedural and technical measures) to protect against the unauthorized disclosure of personal information it collects and holds. 1Net.org will take reasonable steps to ensure that personal information collected is complete and relevant to its intended use” the User is subject to the Privacy Policies of those third parties websites which 1Net.org disavows responsibility for the 3rd party sites, owners and operators.
1Net.org’s Site contains links to other third party websites which are subject to the respective privacy policies of those third parties. 1Net.orgis not responsible for the privacy practices of such linked third party sites, and their owners and operators.
1Net.org Guidelines for Conduct, were updated a month after the Montevideo Agreement, last updated November 16, 2013 (https://1net.org/standards-of-behavior)
NETmundial is the Global Multistakeholder Meeting on the Future of Internet Governance. NETmundial was covered to address (i) Internet Governance Principles and (ii) Roadmap for the future evolution of the Internet Governance Ecosystem.
1Net.org’s Index covers these themes of “Open and distributed architecture, Enabling environment for innovation and creativity, Internet governance process principles addresses Multistakeholder, Open, participative, consensus driven governance, Transparent, Accountable, Inclusive and equitable, Distributed, Collaborative, Enabling meaningful participation, Accessibility and low barriers, Agility, Open standards. 1Net also says the “outline possible steps forward in the process of continuously improving the existing Internet governance framework ensuring the full involvement of all stakeholders… It must be inclusive, transparent and accountable, and its structures and operations must follow an approach that enables the participation of all stakeholders in order to address the interests of all those who benefit from the Internet.”
Except at the Hearing, no one defined who all the Stakeholders are. No one asked. Artists, writers and photographers around the world are entitled to know. We have little more left to be stolen online. The Internet Governance Principles include Human Rights, Freedom of Expression, Freedom of Association, Privacy, Accessibility, Freedom of Information and access to Information, Development, Culture and linguistic diversity, Unified and unfragmented space… what about the ARTS Content creators rights… Identity Rights, Rights of Publicity and, it must be said, our Copyrights.
The problem which the formulation generally “same rights online as offline” is under which nation’s law? What has emerged from Snowden affair is that US law is “exceptionally” excecptionalist (~40 refs to “United States Person” in FISA & PATRIOT and another 45 in Freedom Bill). In contrast there are handful of referecnes in CAN, AUS, NZ law (and one material in German), but the norm is that nationality alone cannot discriminate application of ECHR (for instance). There is no offline equivalent of being subject to another nations surveillance power, but unprotected by any human right to privacy in that country’s law.
The call should be for equal privacy rights, irrespective of nationality, under all laws including national security
the UK Govt text would delete ref to collection+surveillance in right to privacy, because they say “addressed elsewhere in the text” (and, incredibly, that mass data collection doesn’t implicate right to privacy)
But where it is “addressed”, in p35, the UK Govt comment wants to delete ref to MASS SURVEILLANCE because “not in in international human rights laws”
That’s pretty cute
so if the UK only gave peopel 25% as much priuvacy as Germany, that would be OK provided the UK gave people 25% both online and offline?
Proposed wording :
Privacy: all people have an equal right to privacy and protection of their personal data online, irrespective of nationality or discrimination on other unlawful grounds. Nations which engage in indiscirminate data collection for mass-surveillance or otherwise disrepect privacy rights cannot expect to participate in the free flow of data in an open Internet.
I suggest adding the wording
“Packets shall not be treated differently according to whether or how they are encrypted.”
This helps with privacy, net neutrality and censorship resistance
=P helpful indicator to say whether support an equal right to privacy on the Internet (=P), or unequal rights depending on nationality (≠P)
so UK Govt comment to Privacy principle (5) wants to delete ref to *collection*/*surveillance* there because “right to privacy is about the avoidance of unlawful or arbitrary interference with privacy, NOT ABOUT MASS DATA COLLECTION which is addressed elsewhere in the text”
..and here where it *is* “addressed” UK Govt wants to delete ref to MASS SURVEILLANCE because “not in in international human rights laws”
That’s pretty cute.
the 800lb gorila in the room is that US law (& policy) recognizes no human right to privacy of the 95% of the world located outside US territory, who are not US citzens, when their data is stored in or transits the US. The US is *the* Internet surveillance hegemon, and its law is exceptionally exceptionalist. [~40 protections only for Americans in FISA+PATRIOT, another 45 upcoming in "Freedom" Bill, compared to only a handful analagous in other countries].
Why pussyfoot around?
So the US wants mass-surveillance “conducted in accordance with states’ obligations under international human rights law”, but a month ago in Geneva the US said that it didn’t have any such obligations to respect rights of people outisde its territory
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/USA/INT_CCPR_COC_USA_16838_E.doc
nice.
Human rights are legally binding norms, online as well as offline. The language adopted here shall not diminish Human Rights to “values” that “should§ be respected.
Therefore, we propose: “Human Rights are legally binding norms, online as well as offline, and universal as reflected in …”
This should not be listed under human rights since these are indivdual rights, whereas a commitment to development should be listed as a separate principle or, preferably, in relation to capacity building efforts.
This comment by Cathleen Berger was made on behalf of the German government.
This comment by Cathleen Berger was made on behalf of the German Government.
We suggest to add Right to Education and Freedom from Discrimination.
‘Net neutrality’, as a term, should be mentioned as a Principle.
As a Latin American center for studies that seeks to produce knowledge in Spanish, we believe that linguistic diversity and pluralism must be promoted in Internet governance processes and forums. In this sense, we think that NetMundial should allow contributions and comments in other languages (not just in English).
We agree. Internet Governance Forum should be strengthened.
In line with Katitza Rodriguez (Electronic Frontier Foundation) statement, we believe that, by definition, “mass” surveillance is inevitably disproportionate and violates human rights.
In terms of jurisdiction, agreements between States should go beyond cybercrime and cysecurity issues. And online defamation must be be taken into account.
Strongly agree to this. Democracy must be a fundamental principle.
I support Rishab and I am on the same page with him.
Completely agree with Hill.
People with disabilities *should* enjoy full access on an equal basis.
“the fullest extent practicable” is a meaningless sentence in a positivist statement of principles, and doesn’t usefully contribute to a statement of goals.
The plural of person is People. It may also make stylistic sense to say Everyone, or Anyone (with a disability…)
These points are the reason for paragraph 8
In line with the style of paragraph 8, it might be useful to note that accessibility of online resources can provide people with disabilities access to services whose offline equivalents are far more difficult or impossible for them to use.
Internet governance must continue to allow innovation while preserving intellectual property rights and more generally the rule of law on the Internet. This is in the interest of all stakeholders and society as a whole
International Video Federation
This paragraph fails to address operating “under the law” in it’s verbage. I feel there needs to be that inclusion and more specific address of what “inclusive,” “effective” and “legitimate” are defined as in this context.
Nowhere in this section is there any reference to Article 27(2), guaranteeing authors and creators the right to benefit from their moral and material rights of authorship. Intellectual property rights such as art and photography need to be acknowledged as commercially valuable to the artists and should be protected online as they are offline.
“Permissionless innovation???” Please! There are copyright laws in effect for just this reason! There needs to be language to recognize intellectual property protection and the rule of law generally as key ingredients of sound Internet governance. I believe a strong vibrant internet is core to the future of independent artists but all creative and innovative people, such as photographers, need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
As many have already commented, the wording of this paragraph is not clear.
Telefonica supports the Open Internet but believes that ISPs should be able to manage their networks in a fair way. Already today the Internet treats data differently, simply because different services demand different requirements: for example, video traffic and online gaming requires low levels of latency (delay), while e-mail might allow for higher levels of latency but does demand high data integrity. This is even more true in relation to e-health services, which demand high quality, privacy and security standards. Promoting the “equal technical treatment of all protocols and data” would endanger the end user experience for many services which already run over the Internet and might prevent future innovative services.
It is also worth considering that today there is not a universal accepted definition of Net Neutrality. In fact, there are currently various ongoing political initiatives across different regions (USA, Brazil, European Union, …) regarding potential Open Internet legislation, which differ in scope and definition considerably. Therefore, I believe that the subsidiarity principle should prevail and national or regional policymaker should define – if at all – what is necessary to regulate in relation to the Openness of the Internet, adapted to their local needs and realities.
Therefore, I believe that this paragraph should be changed to the following suggestion:
OPEN AND DISTRIBUTED ARCHITECTURE: The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation, and that upholds the end-to-end nature of the open Internet and seeks to resolve technical issues in a manner consistent with this open, collaborative approach.
I think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect .
“Permissionless innovation” is a repugnant euphemism invented by the new oligarchs of the internet to camouflage morally reprehensible, or even unambiguously criminal behaviour. The term “permissionless innovation” is a reprehensible misuse of the english language. It effectively means “legalised rape” as far as any working artist is concerned.
To see such a term turning up in a document like this suggests an alarmingly partisan attitude amongst the drafters. Innovation is a good thing. But it must not be accomplished through alienating the rights of original creators.
Copyright has been the cornerstone of all intellectual and artistic advancement for the past several hundred years. It has enabled creative people to survive and thrive according to their merits. The benefits to society have been incalculable.
This clause (appropriately numbered 13) through its slippery wording, and this document, through its failure to acknowledge copyright as a universal law protecting the rights of creators, would seek to make the internet a zone beyond normal law, an anarchic Wild West where “innovation” could and would include appropriation by theft.
This would suit those who possess the means to exploit such a world to their advantage – i.e Google, original authors of the phrase “Permissionless innovation”.
Creative individuals must continue to be protected from such predatory interests, just as they have been in civilised society since the Treaty of Anne. The health of the internet does NOT depend on stripping artists, writers, photographers, and film makers of all rights concerning the use of their work and fair compensation for that work.
Try innovating with an argument that isn’t so tired and out of date Robin. Nobody wants to bring back piano roll players or VCRs. I just don’t want every Tom, Dick, and Harry.com thinking they can innovate with MY stuff without paying me first, or even asking me. Content creators don’t want to go back to the stone age. That’s silly. Artists were in the vanguard when it came to embracing the internet. We just want the same basic human rights online as off. If you can’t innovate without stealing, then you’re an opportunist thief, not an innovator. Thanks very much.
Human rights must be respected and are protected by international legal agreements regardless of platform. It is odd to talk about offline versus online rights as communication and action crosses from one sphere into the other and impact on each other. It would therefore be better not to enumerate specific cherry-picked rights and add “online” as the UDHR and ICCPR already apply to the Internet and we do not want to imply that they do not or that online communication and activity needs to be protected because it is somehow outside of the realm of current protections.
Part of the checks and balances system should be the ability of creators to be compensated for their work that’s used on the net.
I think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
While I agree in general with this paragraph, and do think information should be shared, I’m concerned about intellectual property being shared. I speak from personal experience when I say that stolen work destroys jobs and businesses that depend on an income from intellectual property.
Books, films, and songs are not so much “information” as they are products. Free sharing of copyrighted products infringes on my right to make a living.
Secure monetary transactions are just as important as secure transmission of all digital intellectual property. The general public is just now becoming aware of how personal data is being used to generate income–the same situation that digital rights holders found themselves in over a decade ago. Internet users will eventually demand the right to share in any use of their personal information—not just granting permission, but asking to share in the resulting revenue. All efforts to create an internet infrastructure that excludes a mechanism for transparent and accountable digital commerce is ultimately unsustainable.
There needs to be language to recognize intellectual property protection and the rule of law generally as key ingredients of sound Internet governance. I believe a strong vibrant internet is core to the future of independent artists but all creative and innovative people, such as photographers, need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
Nowhere in this section is there any reference to Article 27(2), guaranteeing authors and creators the right to benefit from their moral and material rights of authorship. Intellectual property rights such as art and photography need to be acknowledged as commercially valuable to the artists and should be protected online as they are offline.
A strong vibrant internet is vital to the future of independent artists but the concept of permissionless innovation rejects the notion of respect for these same artists.
The element of inclusiveness is missing. Though the process depicts that it is open and has the constituents of all stakeholders (multistakeholders), yet it should stress that it is inclusive. My question is that should Internet Governance be limited to all those who are associated with one way or the other with the internet only. What about the individuals or parties who are not at all concerned with the Internet. They are not even an Internet user. Should they not be concerned with Internet Governance?
Instead of mentioning “more than 180 contributions have been received from all stakeholders”, it should specify the exact number of contributions received
I would go for “valuable contribution for use in other Internet Governance related fora and entities”
The Internet Governance Framework itself should be clear, understandable, comprehensive and explicable
The liberty should not be limited to expression only. There should be freedom of propagation of information also
Freedom should include creation and formation as well.
When we are talking about Internet Governance and Rights of Privacy, it implies that we are talking about Rights that “People” have. Hence it is not necessary to mention People
Persons with disabilities are disadvantaged in Society. Hence they should be allowed full access to online resources on a positive discrimination basis.
Freedom of Information and access to information will be only a reality when all Governments work towards providing universal access to information to their citizens. Henceforth ALL Governments have the obligation to provide universal access to their citizens
Multistakeholder should include the non-users of the Internet as well.
The development of international Internet-related public policies and Internet governance arrangements should enable the full, unrestricted and balanced participation of all stakeholders from around the globe, and be made by consensus.
The process of decision making itself should be transparent with the involvement of all stakeholders
Accountability should go in line with regular reporting through the multistakeholder processes
To make Internet Governance inclusive and equitable, it is important that the necessary means are provided to the disadvantaged categories of stakeholders to allow them to participate actively in the IG process.
Distributed: Governance characterised by equal distribution of roles and responsibilities among all stakeholders and the propagation of the Internet Governance Principles through the Multistakeholder mechanisms and organisations
Totally agree –… approaches that reflect the *informed* and “balanced” inputs and interests of stakeholders.
Anyone, whether affected by an Internet governance process or NOT, should be able to participate in that process. Particularly, Internet governance institutions and processes should support capacity building for newcomers, especially stakeholders from developing countries and underrepresented groups.
Internet governance should promote universal, equal opportunity, affordable high quality and UNRESTRICTED Internet access so it can be an effective tool for enabling human development and social inclusion. There should be no unreasonable barriers to entry for new users.
Involvement of all stakeholders is not sufficient, there is need for active participation.
Hence…ensuring the full involvement and active participation of all stakeholders.
The term “safeguard” is more appropriate that “address”..HenceThe Internet governance framework is a distributed and coordinated ecosystem involving various organizations and fora. It must be inclusive, transparent and accountable, and its structures and operations must follow an approach that enables the participation of all stakeholders in order to safeguard the interests of all those who benefit from the Internet.
.. It is important that multistakeholder decision-making and policy formulation are improved in order to “encourage” and enhance the full participation of all interested parties, recognizing the different roles played by different stakeholders in different issues.
All stakeholders must renew their commitment to build a people centered, inclusive, sustainable and development oriented Information Society. Therefore in pursuing the improvements of the Internet governance ecosystem, the focus on the digital development agenda should be retained.
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
We believe that it is important to add a reference to the rule of law and propose the following to the end of this sentence: “…that respects the rights of individuals and the rule of law consistent with the principles of a democratic society.”
Creative content is a driver of both freedom of expression and demand for Internet Infrastructure. Therefore, we believe that Article 27 of the Universal Declaration of Human Rights should be added as one of the rights enumerated in this section.
Freedom of expression is fundamental to the creative industry’s ability to entertain and inform. Therefore, we strongly support inclusion of this right.
We are not clear as to what is meant by “permissionless innovation”. Moreover, we believe that there are many factors to promote the dynamism of the Internet. We therefore propose the following edits to the second sentence: “For the preservation of its dynamism, Internet governance must continue to support an enabling Internet environment.”
We believe that prior to any discussion regarding new fora or mechanisms, we should fully exploit and/or adapt existing fora and mechanisms to minimize the burden on all stakeholders.
We support continued efforts to improve and enhance the IGF as a forum to debate Internet governance issues.
We believe it is important to highlight that both ICANN globalization and the IANA transition advance a non-governmental/multi-stakeholder approach for their respective functions with robust transparency and accountability.
This paragraph fails to address the critical importance of intellectual property rights and the rule of law in fostering and encouraging innovation.
“Permissionless innovation” actually threatens the dynamism of the Internet unless it is balanced by a respect for intellectual property rights. This section of the document cannot achieve multistakeholder consensus until it includes an explicit commitment to fostering an environment in which intellectual property rights are respected within a framework of the rule of law.
David Green
VP, Public Policy
NBCUniversal
France respectfully asks for the inclusion of the right ot intellectual property, in the list starting after “Those rights include, but are not limited to :”.
It could read :
“Intellectual property rights : everyone should enjoy the full protection of its intellectual property online as it is offline, and the sincere cooperation of all stakeholders against online content piracy .”
We could also have the second idea included in the end of the Chapter on Human Rights, after the paragraph on Developement :
“The enforcement of these rights should be ensured through a complete and sincere cooperation between all stakeholders”.
Thank you
France respectfully asks for the inclusion of the following sentence :
“with transparent and non discriminatory access to the network” after “protocols and data”
Thank you
France respectfully asks for the inclusion of the following words :
“transparent, non discriminatory ” between “affordable” and “high quality”.
Thank you
France respectfully asks for the inclusion of the expression “based on the principle of separation of powers.” after “Mechanisms for checks and balances as well as for review should exist,”
Absolutely not.
I’ll allow that a strong and vibrant internet is core to the future of independent artists (and democracy), but all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect. You make it sound as if people can’t be creative unless they can rip it off the internet. My goodness. How have creative people managed all these hundreds of years before the internet came along and saved us?
Creative works owned by a corporation are protected under the law, why wouldn’t an individual have that same protection?
Creative works are the livelihood of creative people. Just because something is posted on the internet doesn’t mean it’s “fair game”, anymore than it was before the internet existed.
Support the proposal to remove “arbitrary”, as this is also the language in Article 19 of the ICCPR.
Yes, support and suggest adding “and threatens the foundations of a democratic society” after “freedom of expression” drawing on the report of Frank La Rue (A/HRC/23/40)
I also support Ian’s suggestion. NetMundial should take into account the more than 400 organizations and 300,000 individuals who have signed the Necessary & Proportionate Principles and include a direct reference to them.
The Universal Declaration of Human Rights, Article 27,
(2) states, “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” This right needs to be upheld, and “permissionless innovation” seems to be the antithesis of it. Please revise your language to protect the rights of creators.
Agree.
Add to paragraph 18:
Meaningful mechanisms for checks and balances and procedures for redress of grievances.
Comment on #20
Internet governance responsibilities must be equitably distributed throughout the multistakeholder communities, to insure maximum diverse cooperation and participation.
add to #22
As Robin suggests, add “including its decision-making” add: “…capacity building for all stakeholders who need and want it, including newcomers, especially….”
add:
…”affordable and high quality, provided without penalty for specific access, neutrally available to receive and/or post content.”
I’m not sure how development is meant in this paragraph. The prior comments seem to assume it means technological development. The association with human rights would mean a more broad definition of development beyond “access to knowledge” or improved tech. Perhaps it would be better to say: “…consistent with human rights and promote innovative economic, cultural and technical development.”
agree
agree to take out “continue to be”
I’m not sure it belongs here, but the use of the word unfragmented perhaps would cover –
“Any domaine take-downs must be subject to immediate review and expedient restitution provided to any violations of the principles herewith. The implementation of reasonable processes for review of complaints of takedowns should be required in the ICANN contract with registrants.”
agree
Agree. It is interesting that this paragraph has received more amendments from the private sector than any other point. Authentic freedom of information, uniquely possible via the internet, is obviously a problem for profiteering.
agree.
strongly agree.
agree.
agree.
strongly agree.
The absence of a truly open remote participation for this meeting is of great concern. The lack of something like Webex, or whichever system is used by ICANN for all of its public meetings, automatically limits the participation of the majority of the largest stakeholder group named by this document, the users.
In case this is not quite clear I specifically mean the use of a system which allows observation AND input to individuals who may wish to participate in the meeting from a remote location.
Surely “should be conducted” should read “should ONLY be conducted” since surveillance in any case should be an exception?
Please ensure that the words “roadmap” and “stakeholders” are adequately defined. These words have become cliches without specific definitions. A roadmap can show all of the options, the “lay of the land” or could show a defined route. And who exactly is a “stakeholder”?
” the participation of all stakeholders” On the About NETmundial page https://netmundial.br/about/ the phrase “following a model of participatory plurality.” is used (end of second paragraph) This language seems preferable as being more inclusive than a participation limited to (undefined) stakeholders.
I feel that “sustainable development” is another cliche which is in fact a contradiction in terms. Perhaps we can address this issue in different words?
And if the development is to be inclusive, and human rights to be promoted, where are cultural, linguistic and economic diversity, and where is diversity in ability?
“deserve attention of all stakeholders”
“must be considered within a context of the needs of all”
paying attention does not necessarily achieve anything
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Suggested addition:
“Surveillance of communications, their interception, and the collection of personal data, including mass surveillance, interception and collection should be conducted proportionnaly to the field where applied after a due processed judicial review limiting the collect of the said data”.
to change “NETmundial identified a set of common principles….” to “NETmundial discussed a set of common principles….”
to add the following bullet:
Balance: everyone should respect human rights of others enabling the balance between rights and corresponding special duties and responsibilities, which may therefore be subject to certain restrictions provided by law (International Covenant on Civil and Political Rights, Article 19).
to specify “ …internationally agreed sustainable development goals” – Millennium Development Goals.
Internet governance must respect and promote cultural diversity and identity, linguistic diversity and local content in all its forms
Internet should continue to be a globally coherent, interconnected, stable, un-fragmented, scalable and accessible network-of-networks, based on a common set of unique identifiers and that allows the free flow of information. Nothing in the principles, however, supersedes any obligation internet service provider may have, or limits its ability to address the needs of law enforcement, public safety, or national security authorities, consistent with applicable law.
TBD
to delete “permission less”
There is a strong and urgent need to further clarify the role of each stakeholder, and especially governments, in multi-stakeholder implementation mechanisms.
The development of Internet-related public policies and Internet governance arrangements should enable the full and balanced participation of all stakeholders
The importance to consider the international character of decision-making processes regarding core functions of Internet should be addressed.
“Distributed but well-coordinated” instead of “Distributed”.
We are concerned about insufficient level of coordination of international, regional and national efforts in the field of Internet governance. Activities on harmonization of national legislation, the intensification and expansion of international agreements, treaties and conventions in the field of Internet governance are not properly defined and are not focused in a single stream. Some issues of such activity are divided among various organizations and there is little coordination in addressing these questions.
International Internet-related public policies should be based on and encourage collaborative and cooperative approaches that reflect the inputs, which will ensure equality amongst citizens of all countries, represented by their governments’ participation on an equal footing.
to delete “Anyone affected by an Internet governance process should be able to participate in that process”
Internet governance should promote universal, equal opportunity, affordable and high quality Internet access so it can be an effective tool for enabling human, social and economic development.
Internet governance should be able to rapidly accommodate developing technologies, policies and regulations to ensure future oriented development.
Internet governance should promote open standards, informed by individual and collective expertise and practical experience and decisions that allow for a unique, interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards should prevent the violation of human rights.
The implementation of international legal norms establishing common and obligatory rules of Internet governance for the governments and other stakeholders will ensure stable and secure functioning of the Internet on the basis of international law.
There is a clear need for increased efficiency and therefore improvement of current multistakeholder model of the Internet governance, with a minimal role of governments, which act as guarantors of rights and freedoms for their citizens, play a key role in economy, security and stability of the Internet information infrastructure, and undertake measures to prevent, detect and deter illegal actions in the global network.
Enhanced cooperation to address international public policy issues pertaining to the Internet must be implemented according to the Tunis Agenda, “recognizing the need for enhanced cooperation, to enable governments on an equal footing”.
Explanation: The mandate of WSIS regarding Enhanced Cooperation that contained in the Tunis Agenda is still under discussion by WGEC under UN CSTD. The enhanced cooperation is considered besides the Internet Governance Forum (IGF). This specific mandate, involving “governments of member states on equal footing” is extremely important, as this would be crucial in determining the public policy on Internet Governance and should be implemented according to the Tunis Agenda.
to be excluded since there is no current mechanism for.
Internet governance is suffering from the low level of coordination of international, regional and national efforts. Some issues of such activity are divided among various organizations and there is little coordination in addressing these questions due to the absence of a single center/platform to develop intergovernmental policy and international standards in the field of proper Internet governance.
to add “Invites all governments in particular those of developing countries to play more effective role in international Internet governance”.
“…WSIS outcomes and Millennium Development Goals “ instead of “…the digital development agenda“.
Internet governance should be strengthened by appropriate international mechanisms of technical regulation and efficient political response to Internet-related challenges and threats, providing a better correlation between the policy implications in technical decisions and technical implications in policy decision-making.
Consideration should be given to the possible need for mechanisms overcoming institutional gap between technological, operational activity in the Internet and development of Internet policy at the global level.
The Internet Governance Forum (IGF), which allows all the parties to exchange the best practices and experience and to raise the most urgent issues for further Internet development. There is however a drawback that IGF is not responsible for development and adoption of global policy on Internet governance. According to its format IGF cannot be given such a role.
Specific international structure aimed at development and introduction of international norms and other standards on Internet governance to national laws, and provision of coordination and interrelation of relevant international structures, institutions, organizations and other fora, can be created (defined) for realization of these objectives within the framework of the UN or ITU can be vested with these functions as relevant international organization.
The Internet Governance Forum (IGF) does not cover Enhanced cooperation that must be implemented according to the Tunis Agenda.
To add “This transition should be planned based on understanding and in the spirit of principles agreed by the WSIS in 2003 and 2005, meaning inclusive of all nations and stakeholders, from developing and developed countries alike, and conducted in a transparent, open, constructive manner with a view to ensuring a more equitable and accessible Internet for all.
ICANN has no internationally-agreed mandate for providing its activity; its functions are limited to controlling only critical resources of the Internet. Besides, ICANN is not a globally-represented international governmental organization, which automatically rules out complying with the principle of states equality in the sphere of Internet governance.
Explanation: The practical implementation of ICANN-declared multistakeholder model of the Internet governance does not guarantee that the governments of various countries are able to ensure their national public interests when ICANN makes any decisions on controlling the Internet critical resources, since the states have no voting power in working bodies of ICANN.
Initiatives to improve the current security and stability conditions since ICANN is not authorized to guarantee security of the DNS root servers infrastructure.
Explanation: In case the government is “shut off” from foreign DNS root servers, the Internet ceases to work in a basic mode. In crisis situations, having mirrors of the DNS root servers within the territories of states will not ensure integrity of national Internet segments, because this infrastructure is centrally directed by foreign DNS root servers providers all located in 3 countries in the world.
to add (d) “To solve the problem of provision of integrity, sustainability and security of national Internet segments functioning, states must have equal rights to govern Internet (including allocation, assignment and withdrawing numbering recourses, names, addressing and identification of the Internet, operation support and development of primary Internet infrastructure), which should be guaranteed by the competent international organization”.
To add “ The implementation of international legal norms establishing common and obligatory rules of Internet governance for the governments and other stakeholders will ensure stable and secure functioning of the Internet on the basis of international law”.
We support this point.
to add “Summits in the WSIS format”
The phrase “Permissionless innovation” is an affront and a limitation to independent artists, photographers and innovators who earn their livelihood by creating original and unique works. “Dynamism” is in no way impeded by intellectual property ownership. On the other hand creative outputs and the making those outputs available to the world for viewing are greatly impeded by the notion that the creator no longer owns his or her creation when it is placed online. I feel the reverse impact of what is implied in this statement is the inevitable effect. “Internet governance” implies authority and authority implies that there is a society in which there are mutually recognized and respected rules that ensure what is just and fair for all, including those who work very hard and invest both time and money in the creations they produce.
As the author of 15 books and more in preparation, I am concerned that the right to intellectual property is not mentioned. It takes me from 3 months to 2 years to write a book. I want my right for recompense for this work to be acknowledged and protected.
It is interesting that “Bottom up” is not included as a point on its own but tucked into “inclusive and equitable”. It seems to me they are slightly different. “Bottom-up” to me is about the approach where issues and priorities are brought up from the bottom rather than issued from the top.
What do we really mean by “All of the organizations with responsibilities in the Internet governance ecosystem”… who is included? I suppose ICANN, IETF and W3C are included… what about IEEE? ISO?… what about national/local registries? ISPs? Domain registries who set their own policies?… Not advocating making the paragraph too cumbersome, but perhaps there should be a clearer sense of what we mean by “All” organizations.
Why is there no mention of the need to respect copyright? The phrase “permissionless innovation” sounds like permission to ignore copyright. The French tried abolishing copyright after their revolution. It didn’t work. Content creators need to be able to innovate, but innovation does not depend on using the work of others without permission.
I strongly support the phrase “…include, but are not limited to.” I would favor clarifying that some of the rights and freedoms people hold may include some *not* enumerated in the Universal Declaration of Human Rights. For example, the text could read, “…as reflected in the Universal Declaration of Human Rights and elsewhere…”
The phrase “without arbitrary interference” must go.
How does this paragraph affect existing Internet services, such as social media? Privacy advocates sometimes make the controversial claim that even voluntary disclosure and collection of information should be illegal or heavily regulated. Whatever the merits of this argument, I don’t believe that it is something that should be decided at NETmundial. For this reason, I think that a reference should be made to “third parties,” e.g., “…unlawful collection of personal data and surveillance by third parties.” This approach would have the virtue of firmly rejecting mass surveillance while leaving open the question of privacy laws and norms with respect to services that users may choose to participate in.
I agree with Malcolm Hutty that this paragraph is problematic as written. How about: “Internet governance should respect cultural and linguistic diversity insofar as this does not conflict with the other principles.”
I suggest dropping “continue to,” replacing “unfragmented” with “interoperable,” and adding “denationalized” to the list of descriptors to underscore that networks should not be forced to arbitrarily recognize national borders.
We should recognize that perfect security will never be achieved, and that sometimes security conflicts with other values. For example, an Internet that requires all users to register their identities might be more secure, but the loss of anonymity online would be an unacceptable cost. We should explicitly recognize that security does not trump other values.
The phrase “equal technical treatment of all protocols and data” and the replacement phrase “net neutrality” that some others are suggesting are controversial. For instance, see “The Law and Economics of Network Neutrality” by Thomas W. Hazlett and Joshua D. Wright for a skeptical take published in a major law journal.
https://mason.gmu.edu/~thazlett/pubs/Hazlett-Wright%20L&E%20of%20NN.pdf
Net neutrality mandates can decrease access to the Internet. For example, in some countries, Facebook offers a free, non-neutral service called Facebook Zero for text-only access to Facebook on mobile phones. This service increases access to the Internet, but only because it is non-neutral. If Facebook were forced to offer a non-neutral service, they would not be able to afford to offer the service for free, and more users would have to go without access.
Given this controversy and the fact that this is not really a high-level issue that has a bearing on Internet governance, I suggest dropping the clause.
The phrase “in their respective roles and responsibilities” is unacceptable. In addition, I would note that whether governments are stakeholders at all is controversial. Many of us believe that the “government model” is antithetical to the “multistakeholder model.” If all citizens can participate in Internet governance on their own account, why do we need governments to participate? Suggested rephrasing: “with the full participation of all stakeholders, including the private sector, civil society, the technical community, academia and users.” This leaves the question of whether governments are stakeholders to be decided at a future date, and drops the issue of roles and responsibilities.
The Tunis Agenda has many flaws as well. For example, the phrase “in their respective roles and responsibilities” has caused a great deal of conflict and should be retired. Because the Tunis Agenda was drafted in an intergovernmental environment and not a multistakeholder one, it does not have very much legitimacy. I would suggest simply not referring to it in the NETmundial outcome documents.
The reference to roles should be deleted.
This paragraph assumes that multistakeholderism is necessarily representative and constituency-based, which is not the case. Also I agree with the UK’s comments and suggest deletion.
The term “enhanced cooperation” has caused a lot of conflict. Perhaps we should stop referring to it since people disagree on what it means. I suggest we delete this paragraph.
Why should governance of a transnational network be centered around national processes? By default, all discussions should be transnational.
I also would favor restoring the language about structural separation.
It’s important that Internet standards be voluntary, and that they be guided by technical expertise. I agree with Mr. Graham: Open Stand is the appropriate model in this case.
I agree with other comments recommending the inclusion of UDHR Article 27, paragraph 2 related to the right of authors to benefit from their moral and material interests.
I agree with the comments regarding the problematic nature of the inclusion of the phrase “allow permissionless innovation” and also the lack of any mention of the importance of protecting intellectual property, which is critical for an enabling environment for innovation and creativity.
Internet traffic does have different technical requirements. For example, voice/video traffic requires lower levels of latency (delay) in order for the user experience to be acceptable. In addition, “net neutrality” is not a common principle in the context of the discussions at NETmundial. For these reasons, we would recommend the following text to replace paragraph 12:
“The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation, recognizing technical management principles for efficient and improved network operation and preserving the end-to-end nature of the network, delivered by the underlying communications and seeking to resolve technical issues, consistent with the open, collaborative multistakeholder approach.”
- The Telecommunications Industry Association (TIA)
We agree that the multistakeholder approach to Internet governance is a core principle. We have provided suggested edits to emphasize the broad spectrum of stakeholders, while also accounting for a stakeholder’s relevant experience and knowledge with respect to their participation in various fora. For these reasons, we suggest the following edits to paragraph 15:
“Multistakeholder: with the meaningful and accountable participation of all stakeholders, including governments, the private sector, civil society, the technical community, academia and the users, taking into account a stakeholder’s expertise and experience.”
– The Telecommunications Industry Association (TIA)
We have suggested a few edits to paragraph 25 to underscore the importance of transparency and the use of consensus-based approaches. Suggested text below:
“Internet governance should promote open standards, informed by individual and collective expertise and practical experience and decisions made through a transparent and consensus-based approach that allows for a unique, interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards must be consistent with human rights and allow development and innovation.”
- The Telecommunications Industry Association (TIA)
The suggested edits to paragraph 6 are to clarify what is meant by “full participation” and the importance of relevant expertise and experience of all stakeholders as they engage in various fora. Suggested edits:
“Internet governance decisions are sometimes taken without the meaningful participation of all stakeholders. It is important that multistakeholder decision-making and policy formulation are improved in order to ensure the meaningful and accountable participation of all interested parties, taking into account the expertise and competencies of stakeholders in addressing various issues.”
- The Telecommunications Industry Association (TIA)
Rather than using the term “enhanced cooperation”, we would suggest edits that would provide a more acceptable terminology that reinforces full participation and the multistakeholder approach, which we believe is consistent with the goals and discussions at NETmundial. Suggested edits:
“All stakeholders should commit to full and mutual cooperation, consistent with a multistakeholder approach, to address international public policy issues pertaining to the Internet.”
- The Telecommunications Industry Association (TIA)
In paragraph 9, we would recommend a few edits to clarify that multistakeholder mechanisms at the national level are already in place and could be enhanced. Second, we would recommend the deletion of “a fluent” since it only confuses the need for “coordination and dialogue”. Suggested edits:
“There is a need to enhance multistakeholder mechanisms at the national level owing to the fact that a good portion of Internet governance issues should be tackled at this level. National multistakeholder mechanisms should serve as a link between local discussions and regional and global instances. Therefore coordination and dialogue across those different dimensions is essential.”
- The Telecommunications Industry Association (TIA)
New fora are not necessarily needed to address new or emerging issues. There are many existing capable fora for these issues, but there should be recognition that new or emerging issues may require additional consideration in existing fora. We suggest the following edits:
“Consideration should be given to addressing the possible need for improving mechanisms to regarding emerging topics and issues that that require coordination in order to be adequately addressed by existing Internet governance arrangements.”
- The Telecommunications Industry Association (TIA)
Suggest adding the phrase ” while maintaining the essential character of the IGF as a discussion and knowledge sharing forum rather than a negotiating or decision-making forum” to the end of paragraph 19 to clarify that the text is not designed to change the nature or character of the IGF, which has proven to be an effective forum at addressing Internet governance issues. Suggested paragraph with edit below:
“Improved outcomes: Improvements can be implemented including creative ways of providing outcomes/recommendations and the analysis of policy options, while maintaining the essential character of the IGF as a discussion and knowledge sharing forum rather than a negotiating or decision-making forum;”
- The Telecommunications Industry Association (TIA)
Suggested edits to paragraph 26 are to reinforce operational continuity of the Internet and the multistakeholder approach to Internet governance as the IANA functions are transitioned. Suggested edits below:
“The IANA functions are currently performed under policies developed in processes hosted by several organizations and forums. Any adopted mechanism should protect the bottom up, open and participatory nature of those policy development processes and ensure the stability, resilience and operational functionality of the Internet and its multistakeholder governance mechanisms.”
- The Telecommunications Industry Association (TIA)
Paragraph 32 addresses topics that are not relevant to the discussions at NETmundial as a forum discussing Internet governance. In addition, these topics are already addressed in other fora. Paragraph 32 should be deleted in its entirety.
- The Telecommunications Industry Association (TIA)
While there may be new and emerging issues related to Internet governance that will need to be addressed, there is no need to establish new fora. Rather than new fora, a better approach would be to consider how best to address new issues through existing fora and mechanisms. We suggest the following edits:
“There is room for new initiatives, they should not duplicate, but to add to current structures. If no relevant forum exists that can address such new initiatives, new initiatives could be considered to address specific issues in a focused and collaborative manner. All stakeholders should aim to leverage from and improve these already existing cybersecurity organizations, recognizing that many are private sector supported and initiated. The experience accumulated by several of them demonstrates that, in order to be effective, any cybersecurity initiative depends on cooperation among different stakeholders, and it cannot be achieved via a single organization or structure.”
- The Telecommunications Industry Association (TIA)
Suggest the deletion of paragraph 41. There is no consensus, or recognition, of a need to establish a code of conduct related to Internet governance.
- The Telecommunications Industry Association (TIA)
The principles expressed in this paragraph ought to make clear the rights of writers, artists, and other creative people to control their own intellectual property and that those rights must be respected.
People must also have the right to control online the intellectual property they have created in the same way that they have the right to control it off-line.
I think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect. I am a photographer who makes his living by licensing the images I create. Without copyright protection, anyone could use my photos, and I wouldn’t be able to continue to create beautiful work to put online.
ETNO believes that the paraphrase “equal treatment of all protocols and data” implies technical difficulties and makes no operational sense. ISPs should have the flexibility to engage in a range of activities, including prioritizing certain applications that have specific delivery requirements, providing managed/specialized services that require enhanced levels of quality (such as telemedicine and eEducation) and managing their networks to block certain traffic in order to prevent DDOS attacks.
(Apologies for the typo – the “name” is of course “European Commission”)
(This comment is linked to paragraph 3 because it is the first passage where the necessity to strengthen, improve and evolve the “multi-stakeholder model” is mentioned; but the comment applies to all passages in the document where similar statements are made)
On 16.4.2014, Neelie Kroes, Vice-President of the European Commission and member of the High-Level Multi-stakeholder Committee (HLMC) of NETmundial, sent an open letter to the members of the HLMC, to the Chair of the Meeting and to the two co-chairs of the Executive Multi-Stakeholder Committee. with a number of comments and recommendations. The full text of the letter is available at https://ec.europa.eu/commission_2010-2014/kroes/en/content/netmundial-lets-get-work .
Relevant passage of the letter:
“The draft outcome document refers several times to the need to further improve and strengthen the multi-stakeholder model, to enable the full and balanced participation of all stakeholders from around the globe, to have clear and transparent processes and procedures (including mechanisms for checks and balances and for review). I completely agree – in fact, I have said so for a long time.
The keywords here are inclusiveness and openness, which must both be real and meaningful, not just theoretical.
NETmundial should be the moment to properly connect the debates on Internet governance with the discussions and concrete activities on citizens’ engagement and participatory democracy. Europe has been quite active in this field, ranging from EU-funded projects in the ICT field, such as DEMO-NET, Cross Over and D-CENT; to legal innovations such as the European Citizens Initiative; to national initiatives such as the use of Liquid Democracy in the Germany and the People’s Assembly Rahvakogu in Estonia, to name just a few. Brazil, with the inclusive and participatory conception and discussions on the “Marco Civil”, is also an inspiration for all of us. And it is purely for reasons of space that I cannot mention all the efforts by many organisations and individuals across the world.
In its Communication on Internet Policy and Governance of 12 February 2014, the European Commission suggested that the further development of multistakeholder guidelines and the sharing of best practices would be a good manner to move forward. Accordingly, I suggest that the outcomes of NETmundial should include:
- a clear commitment to the bottom-up and cooperative development of a “concept paper” to be discussed at the 9th Internet Governance Forum (Istanbul, Turkey, 2-5 September 2014);
- this concept paper should identify initial recommendations on how the above mentioned engagement and participatory tools and initiatives could be used in Internet governance debates; it should also propose an initial outline of principles-based guidelines to safeguard accountability, transparency, inclusiveness and independence for multi-stakeholder processes;
- the discussions in Istanbul and all other appropriate fora should lead, by the beginning of 2015, to a proposal for two “case studies”, to examine how we could turn the high-level principles into concrete, operational practices of existing Internet governance organisations and processes;
- further discussions and practical experimentation on these cases studies could then result in a concrete reference paper to be presented and discussed at the 10th Internet Governance Forum, towards the end of 2015; and of course, to be further refined as need be.”
(This comment applies to paragraph 17 and all subsequent paragraphs referring to the Internet Governance Forum)
On 16.4.2014, Neelie Kroes, Vice-President of the European Commission and member of the High-Level Multi-stakeholder Committee (HLMC) of NETmundial, sent an open letter to the members of the HLMC, to the Chair of the Meeting and to the two co-chairs of the Executive Multi-Stakeholder Committee. with a number of comments and recommendations. The full text of the letter is available at https://ec.europa.eu/commission_2010-2014/kroes/en/content/netmundial-lets-get-work .
Relevant passage of Vice-President Kroes’ letter:
“The draft outcome document of NETmundial clearly mentions the need for strengthening and improving this most important and unique example of global and multi-stakeholder engagement and dialogue [the Internet Governance Forum or IGF].
I agree that such improvements should include an extension of the IGF mandate beyond its usual 5-years cycle, without prejudice to any possible adaptation of such mandate as the global community will see fit; I also agree that ensuring stable and predictable funding for the IGF is absolutely essential.
I reiterate my invitation for everyone, but especially those organisations which have greatly benefited from the Internet, to become a donor to the IGF – like the EU, some of its Member States and others from the public and private sector. I believe that NETmundial should also make a clear reference, and if possible provide some practical examples, on how innovative forms of crowd-funding could contribute to this joint effort.
The other improvements mentioned in the draft outcome document, namely the need to implement creative ways of providing outcomes / recommendations and the analysis of policy options, and to promote inter-sessional dialogues between the yearly gatherings of the IGF, are also essential and, in my view, closely linked to the need to better connect to existing experiences, expertise and practical tools for inclusive engagement [...].
On this basis, I propose that the NETmundial outcome document should ask the Multistakeholder Advisory Group to present to the global community a clear and realistic assessment of how and when, in their view, these recommendations could be concretely implemented, at the 9th Internet Governance Forum in September 2014. Members of the MAG serve in their personal capacity, but are expected to have extensive linkages with their respective stakeholder groups; I am therefore certain that such assessment would be well informed and inclusive of all opinions.
But to be even more concrete: let us not forget that, as the draft outcome document mentions, we already have a very clear set of recommendations to refer to, i.e. the Report of the Working Group on Improvements to the Internet Governance Forum (WGIGF) of 2012. Some of these recommendations have been acted upon; some are still lingering; but more in general, I sense that we are missing a sense of the “global picture”. Therefore, I would strongly recommend that one of the concrete outputs of NETmundial should be an assessment – even if an initial one – of where we stand in terms of implementation for each recommendation of the WGIGF, or at the very least a clear commitment that such assessment will be presented at the latest at 9th Internet Governance Forum in September 2014; and that this “state of play” will be duly updated and be open to public input, possibly using participatory tools as I highlighted above.”
On 16.4.2014, Neelie Kroes, Vice-President of the European Commission and member of the High-Level Multi-stakeholder Committee (HLMC) of NETmundial, sent an open letter to the members of the HLMC, to the Chair of the Meeting and to the two co-chairs of the Executive Multi-Stakeholder Committee. with a number of comments and recommendations. The full text of the letter is available at https://ec.europa.eu/commission_2010-2014/kroes/en/content/netmundial-lets-get-work .
Relevant passage of the letter:
“I strongly believe in the use of appropriate ICT tools for better and more inclusive dialogues.
The NETmundial draft outcome document clearly mentions the need for communication and coordination within the Internet governance ecosystem, including via tools to perform on-going monitoring, analysis, and information-sharing function. I have already highlighted in my previous comments how the European Commission is investing in the Global Internet Policy Observatory initiative (GIPO) as a way to experiment with the automated collection, analysis, organisation and visualisation of information on Internet governance discussions and decisions. The European Commission is currently finalising a feasibility assessment of the technological and organisational options for the GIPO, and we will share our conclusions by mid-2014, with a view to launch the technological development of GIPO by the end of 2014.
In the meantime many other organisations, public and private, are either already working or are planning to invest in Internet policy observatories and similar initiatives. We should strive to avoid duplication of efforts.
Let me be crystal clear: I do not see any need for a winner-takes-all beauty contest between observatories. Quite the contrary. But we should strive to learn from each other’s understanding of the problems and proposed solutions. Ideally, we should also move towards a federation of Internet policy observatories.
I therefore suggest that the draft outcome document of NETmundial should include a clear commitment to have a broad, inclusive and operational roundtable among all “observatory initiatives” during the 9th Internet Governance Forum in September 2014; ideally, this roundtable should lead to the development of an initial “collaboration roadmap” by mid-2015 and identify mechanisms, including via existing meetings and dialogues, to foster cooperation and communication among these various initiatives.”
(This comment applies to paragraphs 25-27, as appropriate)
On 16.4.2014, Neelie Kroes, Vice-President of the European Commission and member of the High-Level Multi-stakeholder Committee (HLMC) of NETmundial, sent an open letter to the members of the HLMC, to the Chair of the Meeting and to the two co-chairs of the Executive Multi-Stakeholder Committee. with a number of comments and recommendations. The full text of the letter is available at https://ec.europa.eu/commission_2010-2014/kroes/en/content/netmundial-lets-get-work .
Relevant passage of Vice-President Kroes’ letter:
“I believe it is [very important] to keep the momentum towards a real and effective globalisation of core Internet functions and decisions, including IANA.
ICANN has recently shared a draft “scoping paper” and a roadmap that will certainly be helpful in the discussions on the globalisation of IANA. I believe that the NETmundial outcome document should explicitly recognise this draft proposal by ICANN as an important contribution and explicitly call all stakeholders to express their views on it.
I also believe that in order for this discussion to be truly meaningful, the NETmundial outcome document should clearly flag that:
(1) the engagement of the broader public should make full use of all existing meetings and fora, including the global Internet Governance Forum and the regional ones, as appropriate; ICANN should also reach out to organisations across the world which are willing and capable to foster dialogue among citizens, besides and beyond those who are able to attend the meetings of ICANN or other Internet technical organisations;
(2) with due consideration to the criteria which the US Government has presented in its announcement of 14 March 2014, there should be no artificial limitation in the scope of the discussion. For example, a consideration of various organisational options, as well as of the opportunity and the most appropriate ways to separate policy, operational and oversight activities should not be “off-limits”, if we want the debate on the future of IANA to be seen as truly legitimate at the global level.”
On 16.4.2014, Neelie Kroes, Vice-President of the European Commission and member of the High-Level Multi-stakeholder Committee (HLMC) of NETmundial, sent an open letter to the members of the HLMC, to the Chair of the Meeting and to the two co-chairs of the Executive Multi-Stakeholder Committee. with a number of comments and recommendations. The full text of the letter is available at https://ec.europa.eu/commission_2010-2014/kroes/en/content/netmundial-lets-get-work .
Relevant passage of Vice-President Kroes’ letter:
“The CEO of ICANN has recently declared that a public dialogue on how to strengthen ICANN’s accountability will soon be launched. In my view, this dialogue cannot be separated from the broader issue of how to make ICANN a truly global organization serving the public interest, as the draft outcome document mentions. I understand that this dialogue will look at strengthening existing accountability mechanisms like the Affirmation of Commitments, and ICANN’s redress mechanisms, as well as exploring new accountability mechanisms where necessary.
I am looking forward to further information and details and I expect that ICANN will also provide a clear timeline on the concrete implementation of its globalisation efforts. Accordingly, I recommend that the NETmundial outcome document clearly invites ICANN to share its concrete proposals at the 50th ICANN meeting (London, UK, 22-26 June 2014).”
On 16.4.2014, Neelie Kroes, Vice-President of the European Commission and member of the High-Level Multi-stakeholder Committee (HLMC) of NETmundial, sent an open letter to the members of the HLMC, to the Chair of the Meeting and to the two co-chairs of the Executive Multi-Stakeholder Committee. with a number of comments and recommendations. The full text of the letter is available at https://ec.europa.eu/commission_2010-2014/kroes/en/content/netmundial-lets-get-work .
Relevant passage of Vice-President Kroes’ letter:
“It is natural, when talking about globalisation, to reflect not only on the amazing opportunities brought about by the Internet, but also on the challenges which this inherently cross-border medium raises with respect to the application of laws. The European Commission committed to launching an in-depth review of the risks, at international level, of conflicts of laws and jurisdictions arising on the Internet and to assess all mechanisms, processes and tools available and necessary to solve such conflicts.
The NETmundial draft outcome document clearly identifies jurisdictional issues and how they relate to Internet governance as “material for further discussion”. While I understand and agree that a full debate on this broad topic during NETmundial would be neither desirable nor productive, we should have a stronger commitment to a phase-by-phase examination of this issue, with a view to produce “good practice” guidelines as appropriate.
Accordingly, I suggest that the outcomes of NETmundial should include an invitation to interested parties to:
- develop a “scoping paper” by July 2014;
- facilitate on-line and off-line engagement opportunities, as appropriate, in the run-up to the 9th Internet Governance Forum (Istanbul, Turkey, 2-5 September 2014);
- following these discussions, aim to produce a first draft of “problem statements” and possible recommendations by the first half of 2015.”
On 16.4.2014, Neelie Kroes, Vice-President of the European Commission and member of the High-Level Multi-stakeholder Committee (HLMC) of NETmundial, sent an open letter to the members of the HLMC, to the Chair of the Meeting and to the two co-chairs of the Executive Multi-Stakeholder Committee. with a number of comments and recommendations. The full text of the letter is available at https://ec.europa.eu/commission_2010-2014/kroes/en/content/netmundial-lets-get-work.
Vice-President Kroes’ specific recommendations have been added as comments in the relevant parts of this document.
In general, Vice-President Kroes stated that she continues “to strongly believe that the outcomes of NETmundial must be concrete and actionable, with clear milestones and with a realistic but ambitious timeline. Several reactions to my comments show that I am not alone in thinking that concreteness is paramount to the success of this important gathering; and even though positions on substance may well differ, I believe that my assessment on the necessity of a “change of pace” in these discussions is shared by a broad range of stakeholders.
Read in this light, it is clear me that more work is needed on the latest draft; especially if we consider that a number of public contributions submitted to NETmundial did include concrete and actionable suggestions.
Luckily, several passages of the draft outcome document do lend themselves quite well to being turned into more concrete actions – and we should make full use of this opportunity. I will focus on six specific examples:
(1) Improvements to the multi-stakeholder model
(2) Strengthening the Internet Governance Forum
(3) Tools and mechanisms for better information sharing and capacity building
(4) Globalisation of IANA
(5) Globalisation of ICANN
(6) Jurisdictional issues on the Internet”
I wish that the gender dimension is addressed in this paragraph 2 of the human rights. Gender disparities are very alarming for approaching them not in this meeting and clear manner.
I would add that the Government and the private sector have duty to support civil society organizations that are working in this field and take them in charge for conferences where key issues are discussed (wisis) and or important decisions are taken (Netmundial)
Very good paragraph!
Bravo!
Excellent
Yes!!!
Anyway, if all parties are not involved in an equal way and the things discussed in a clear and transparent way, internet governance will be another source of conflict see wars and would contribute to the the establishment of the peace and the necessary cohesion for a better world
This effort to describe rights in the digital age in simple terms should anticipate and call for a more detailed elaboration of specific rights, their scope, limitations and exceptions, as well as prohibitions on their violation. In a declaration like this, it’s appropriate to say human rights should be respected and include privacy and freedom of association and expression etc, but it’s inadequate to simply say that offline and online are the same. Given human rights have been so very grossly violated by mass surveillance, there are differences in the digital age because of what is now technically possible. Saying sam same doesn’t really cut it.
Human Rights recognised in simple terms in the Universal Declaration needed to be fully explained in the Covenants, along with specific prohibitions on specific activities. The 2013 UN General Assembly resolution on the right to privacy in the digital age elaborated on the changed circumstances and challenges presented by the digital age, requesting a report from the High Commissioner. It’s possible (and desirable) for that report to call for the negotiation of an additional protocol to the the International Covenants on Civil and Political Rights and Economic, Social and Cultural rights. We need modern and detailed agreements in light of the surveillance practices we now know have occurred and are ongoing. This document could anticipate and call for more than a general statement that rights online and offline should be respected. They are not being respected. Action is needed.
Net neutrality is certainly a high level issue, and there is an ever growing consensus on it. The NetMundial is an opportunity to sweep away doubt about the utility and necessity for the principle of net neutrality, protected by law in Chile, the 28 countries of the EU, Israel and soon in Brazil.
Re the use of the words “universal global resource”
It’s not a universal resource … yet. Because the Internet now forms the backbone of transport, media and communications, the financial system, etc, it affects everyone; the 2 billion people who have access and the 5 billion who do not. But it’s not yet a universal resource.
But isn’t it more than a resource? Again, when financial, media, education, health and government systems rely on something, isn’t it more of a global commons, or can we at least use the term “public good?”
The Brasilian civil society submission to the NetMundial acknowledged that Internet governance does, and needs to include, both multilateral and multistakeholder mechanisms. There may be utility in recognising this simple but profound truth in the NetMundial outcome document!
No less than145 submissions acknowledged that governments have a role to play – does it really matter where they are in the sentence of para 15? Maybe. We demand governments act to protect human rights; they have an obligation. The laws of war are in the hands of governments, as are the means and budgets of war. Governments regulate, they have responsibilities also on the stability of communication services. They do have roles and responsibilities, which they had better fulfill!
Regarding the multistakeholder model as the first principles of Internet Governance, an overwhelming majority of submissions to the NetMundial – 135 / 187 was one count – acknowledge that the multistakeholder system is in need of reform. Problems identified included lack of clear operating procedures, lack of transparent decision making and reporting, self selection instead of fair and equal representation, meetings usually in the global north, structures that are not complimentary, vague definitions – even the word stakeholder is not simply defined. These observations and acknowledgments appear in the text as a list of desirable attributes, but shouldn’t the preeminence of the multistakeholder model as the first internet governance principle be conditional upon reform? Specific reforms, that would help it clean up its act?
The language that appeared in the initial iteration of the document should be reinserted: “International agreements should include measures of restraining cyber weapons development and deployment.”
Right now the militarisation of the internet is occurring – over 100 governments have dedicated resources to fighting battles online. The “cybersecurity” business is growing rapidly; Peter Singer and Allan Friedman’s book, “Cyber Security and Cyber War” estimate that in 2013 the US market alone was worth $65 billion. As more and more critical infrastructure resources around the world are maintained and operated through digital mechanisms, ensuring the security of these installations from targeted attacks is critical. International agreements are needed on how to prevent conflict in other traditional security domains from spreading to the cybersphere, and also to to avoid cyber activities being a trigger for wider conflict.
Cyber is different to other threats to peace and security that relevant actors are accustomed to addressing through diplomacy and arms control. Mutual understanding and definitions of attack in the cyber domain will certainly require more research as is suggested in comments above, but in order to reach international agreement on methods for cyber strategic messaging and filling the many gaps that need to be filled to build an enduring cyber stability regime.
Given that shocking revelations about mass surveillance sparked the NetMundial conference in the first place, this language is unacceptably vague and weak. More dialogue is not needed; urgent action is needed to rein in surveillance overreach. As noted above, mass surveillance does not exist in human rights laws – precisely the problem – this violation and threat should be explicitly prohibited in law.
No mass surveillance is necessary or proportionate; it is unacceptable and undemocratic because it treats all citizens as suspects. The treaties that recognise the human right to privacy and freedom of expression and association also recognize that there are legitimate surveillance activities and actors, and provide a licence for them to act with proper oversight and warrants based on reasonable suspicion of wrong-doing. It is appropriate for each intrusion into a citizen’s communications to be scrutinized by a judicial authority as necessary and proportionate, for the suspected crime to be serious and for the agency to be suitably skilled and equipped to handle this responsibility.
Online safety, as well as privacy and civil liberties can be enhanced through getting the combination of legal, technical and cultural initiatives right. The role of government is to promote collective protection against identity theft, online crime and acts of political violence, however, citizens have a legitimate expectation that their government will defend their democratic right to privacy, freedom of expression and freedom from arbitrary acts of coercion. This is especially the case when the blurring of terrorism with civil disobedience and healthy dissent has seen security agencies and police forces deployed against people simply exercising their right to protest or publish.
This comment was provided last night and has since been deleted so reinserting…
The language that appeared in the initial iteration of the document should be reinserted: “International agreements should include measures of restraining cyber weapons development and deployment.”
Right now the militarisation of the internet is occurring – over 100 governments have dedicated resources to fighting battles online. The “cybersecurity” business is growing rapidly; Peter Singer and Allan Friedman’s book, “Cyber Security and Cyber War” estimate that in 2013 the US market alone was worth $65 billion. As more and more critical infrastructure resources around the world are maintained and operated through digital mechanisms, ensuring the security of these installations from targeted attacks is critical. International agreements are needed on how to prevent conflict in other traditional security domains from spreading to the cybersphere, and also to to avoid cyber activities being a trigger for wider conflict.
Cyber is different to other threats to peace and security that relevant actors are accustomed to addressing through diplomacy and arms control. Mutual understanding and definitions of attack in the cyber domain will certainly require more research as is suggested in comments above, but in order to reach international agreement on methods for cyber strategic messaging and filling the many gaps that need to be filled to build an enduring cyber stability regime.
There’s been a huge misinterpretation in a big wave of comments that “Permissionless innovation” might be related to allowing people to infringe copyrights on the Internet.
What “permissionless innovation” actually refers to is the idea that anybody can create new technology on top of the Internet whithout having to ask for formal permission to do so. It’s got to do with the flexibility of the Internet technology to be adapted and improved by the ingenuity of whoever has the need and skills to create new uses for the network. This is an absolutelly valuable characteristic of the Internet that should be protected and preserved if we want to see it continue to bring up innovative technologies.
For this reason, the “permissionless innovation” concept should not be removed from the final text.
A strong and vibrant Internet will be nothing without the creativity of artists of all media who participate so fully, and who will likely abandon it unless their rights to intellectual property are recognized and explicitly protected.
Free and unfettered access to information is an admirable pursuit, and should be supported. However, that pursuit should in no way be confused with interfering with the extant rights of content creators to control the distribution and usage of their works.
+ 1 to the suggestions made by Robin Gross, Matthew Shears, Deborah Brown and APC. The current text is much weaker than Article 19 UDHR and ICCPR which do not make reference to “without arbitrary interference”.
We also support the suggestion of adding “regardless of frontiers”, consistent with Article 19 UDHR and ICCPR.
We recommend the following: “Freedom of expression: Everyone has the right to freedom of opinion and expression on the Internet; this right includes freedom to hold and express opinions without interference, and to seek, receive, and impart information and ideas of all kinds regardless of frontiers.
+ 1 to Matthew’s re-phrasing but would add “disproportionate” after “arbitrary”, which is consistent with the finding of both the UN Special rapporteur on freedom of expression and the UN Special Rapporteur on counter-terrorism that any restriction on the right to privacy must comply with the three-part test under international law (i.e. legality, legitimacy and proportionality): see A/HRC/23/40, 17 April 2013 and A/HRC/13/37, 28 December 2009 respectively.
Support this addition too.
+1. I agree with what rishab says.
+1, Agree with this comment.
Curious to parse out the intentions inherent in the advocacy of the multistakeholder model, I went through the whole document extracting all of the phrases that qualify the roles and expectations for “stakeholders.” Here’s a synthesis of what I found:
In “empowering the principle of equal participation among all stakeholder groups,” [acting within] their respective roles and responsibilities, the Internet Governance ecosystem will enable:
• Full and balanced involvement and participation of all stakeholders, in an open way that does not disadvantage any category of stakeholder.
• Full participation of all interested parties, recognizing the different roles played by different stakeholders in different issues. … including the meaning and application of equal footing.
• Collaborative and cooperative approaches that reflect the inputs and interests of stakeholders.
• Symmetrical stakeholder balance related to geography, category and gender
But it does appear that stakeholders are not anyone who self-identifies as such. They are qualified into collective categories of organizations that are then “represented,” including:
• Governments,
• Private sector,
• Civil society,
• Technical community,
• Academia
• Users
• Newcomers, especially stakeholders from developing countries and underrepresented groups.
There are systemic expectations that:
• Stakeholder representatives appointed to multistakeholder Internet governance processes will have been selected through open and transparent processes.
• Representatives will be “active,” but that this will require capacity building and financing …. “to ensure that diverse stakeholders have an opportunity for more than nominal participation, but in fact gain the knowhow and the resources for effective participation.”
• All stakeholders will have committed to advancing discussion in a multistakeholder fashion.
• All stakeholders will have committed to building a people centered, inclusive and development oriented Information Society.
• National multistakeholder mechanisms will serve as a link between local discussions and regional and global instances (for)… fluent coordination and dialogue across those different dimensions….
• Organizations with responsibilities in the Internet governance ecosystem … [will] prepare periodical reports on their progress and status on [implementing]…. transparency, accountability and inclusiveness.
• Initiatives will involve appropriate collaboration among private sector, researchers, technical experts, governments and NGOs.
It is clear to me that stakeholder categories self-select their representatives. What remains unclear to me is:
• Who or what is it that acknowledges the presence of a representative of a stakeholder category?
• What are the processes for assigning or identifying or evolving respective roles and responsibilities?
• Who or what is providing the mechanisms for evaluating the balance of involvement or the appropriateness or effectiveness of collaboration and participation?
• When a stakeholder category “reports,” where does that accounting go?
The answer seems to be – the Internet Governance Ecosystem. And yet these expectations imply some sort of control system. If so, then they remain at odds with the definition of the Internet Governance Ecosystem as a distributed system. If, on the other hand, we defined the Internet and its governance in terms of, for example, Elinor Ostrom’s principles for the design of common property resource management systems, then there would be some clear principles for answering those questions:
1. Clearly defined boundaries about who is in and who is out (effective exclusion of external unentitled parties);
2. Rules regarding the appropriation and provision of common resources are adapted to local conditions;
3. Collective-choice arrangements allow most resource appropriators to participate in the rules-making and decision-making processes;
4. Effective monitoring of operational conformance by monitors who are part of or accountable to the appropriators;
5. A scale of graduated sanctions for resource appropriators who violate community rules;
6. Mechanisms of conflict resolution are cheap, local, and of easy access;
7. Unchallenged recognition of the community’s self-determination by higher-level authorities;
8. In the case of larger common-pool resources, organization in the form of multiple layers of nested enterprises, with small local CPRs at the base level.
There are two key words used in this draft document that are mutually exclusive but not acknowledged as such – “universal” and “distributed.” Of the two words, the greatest of these is “distributed.”
Universal is mechanistic and comes from the world of management control, where systems are closed and rules are imposed on them from outside. It reflects a conventional belief that the future can and should be rendered more predictable. Distributed describes a functional principle of complex adaptive systems, i.e. the world of ecosystems, where systems are open and rules emerge from internal relationships. The future of such systems cannot be known from their initial conditions. These two words represent structural principles of governance that are incompatible. I have always believed that the existence of the Internet was a symptom of the distributed systems worldview in action.
To effectively increase the resilience of the Internet Governance Ecosystem, it is not enough to reference open systems. The processes of rules formation and future anticipation should be trending towards that word distributed and its internal relational implications. For example, if we defined the global in distributed terms as a “federation of locals,” rather than as a universalizing principle, we insure that what we commit to is a process where the rules structuring relational interdependencies evolve within from common practice.
The capacity of individuals to make choices, and to thereby gain the freedom that results from commitment, is fundamental to the formation of community and to the interdependent trust that the existence of community implies. I remain committed to community networking. In the framework of exploring what happens to community when we are all online, I see that local issues of adapting the uses of the Internet for community development actually represent issues of governance. Local governance and Internet Governance are now entangled. I see that community is a critical structural element of the changing “distributed” nature of the societies that are emerging. In a recent thread on IGC, Anriette Esterhuysen (April 10/14) noted the importance “for us to look at whether our views are reflected in the draft outcome docs.” I’m not finding the view that the global has become a federation of locals reflected in the document.
When you say, ““Universal” in the context of this document (and many others, such as the “universal declaration of human rights”) refers to something applying to everybody,” of course you are correct. But I believe it’s exactly that “context” that discounts the possibility of emergence; an essential quality for describing the Internet’s “distributed” reality. I’m trying to get at something about the nature of rules. Do they exist absolutely, imposed from outside the framework where they are applied (i.e. that there are objective standards of evaluation)? Or are they relational and a function of internal self-reference and recursion?
“When we unquestioningly accept the strictures, habits, and bureaucracies of our various communities and organizations as if they had an absolute reason to be there, we’re trapped outside time. We reenter time when we realize that every feature of a human organization is a result of history, so that everything about them is negotiable and subject to improvement by the invention of new ways of doing things.” Lee Smolin, Time reborn, xvi
In relational terms and to quote a thoughtful Brazilian, “Change changes change, and it does so either continuously or discontinuously, that is to say, in ways that are themselves subject to change … To understand something is to imagine it changed, by seeing how and when it might change and into what. However, every such change may result in a change in the ways in which things influence one another: it may change the laws.” Roberto Unger. The self awakened. p96.
It seems to me that both moral absolutism and moral universalism inhibit the possibility of understanding of how relationally connecting through community online changes the nature and role of community.
But that statement, ““in their respective roles and responsibilities,” assumes that the conventional mechanisms for defining roles and responsibilities are understood and accepted. And they aren’t. That statement is one of the greatest errors of the Tunis Agenda. In particular, the assumption that the structure of governing institutions is a function of a triad of government, business and civil society isolates the “ordinary Internet user” from the processes of Internet Governance. We need to move beyond the Tunis agenda. The need to examine that assumption, plus the congruence with distributed systems, is why I’m highlighting the definition of the global as a federation of locals.
Authors and creators need to be guaranteed the right to benefit from their moral and material rights of authorship as fair compensation for their contributions to society.
Allowing the usage without permission of a creative work on the internet is a double standard to justify theft. If intellectual property is allowed to be taken and used by anyone, then the same rule should be applied to physical items such as one’s car, home and clothes — the ultimate “sharing”.
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect
I recommend changing para. 2 to reflect the following:
“HUMAN RIGHTS
Human rights are central values and universal as reflected in the Universal Declaration of Human Rights. Human rights must underpin Internet governance principles. Rights that people have offline must also be protected online, in accordance with international human rights legal obligations, including the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights. Those rights include, but are not limited to:”
Offline freedom of association often intersects with online actions — for example, a journalist may contact a source for a meeting online, but meet up offline. I recommend removing the distinction.
I would add language to reflect that no person should be punished for these acts, except as narrowly prescribed to effect a compelling government interest.
Privacy rights should be protected in such a way as to not unduly interfere with speech on matters of public concern.
(In addition to being narrowly tailored for a compelling government interest, any restrictions on freedom of expression must also be in accordance with the rule of law.)
Tailored to, rather.
With regard to access, ICTs dramatically lower the costs associated with access to government-held information. States should take affirmative steps toward making public records accessible, machine-and-human readable, and free (or available at low cost) to journalists and others who seek to shed light on government operations.
Perhaps the document should more explicitly recognize more qualified right to engage in anonymous speech and assembly on matters of public concern.
By this I do not mean to suggest that individuals should be sanctioned for taking lawful steps that uncovers someone’s identity, particularly when that information is itself a matter of public concern. But anonymous speech is sometimes necessary, and valuable, and governments often take aggressive steps to curb it. To take but a few examples, government surveillance that maps entire social networks, the criminalization of pseudonymous (but otherwise lawful) speech, or the banning of circumvention tools all have implications for both privacy and the free flow of news and other information.
The point is well taken, but clearly there’s divisiveness with respect to IPR. I suggest adding the following words to the point: ” … on an equitable basis.”
As written, this is too restrictive.I suggest as an alternative:
All people have a right to development, and the Internet has a vital role to play in helping to achieve very substantial gains in economic, social, political and cultural development for everyone in the world. It is a vital tool for giving people living in poverty the means to participate in and benefit from development processes.
Laying this charge on “Internet governance” as a whole is so imprecise as to lose meaning — and note tha this is the first time the phrase is used in this long list of principles. I suggest rather:
Development and use of the Internet should respect and promote ….
I would change the ending slightly to:
” … that allows the free flow of information between any two points on the Internet.”
I disagree with this. Trust in the Internet means more than reliability; it includes inter alia, the notion of maintaining privacy and confidentiality.
I support this suggestion. To have this wording make sense, it would take more explanation than you have spar for in this paragraph. “Fair differentiated services” captures more of the meaning that I think you want to convey here.
I’ve read over 50 entries so far,and I think that there is a common misperception that has invaded many of them. Permissionless innovation to me (and to ISOC, I think, who promulgated the phrase) means that you don’t need anyone’s permission to innovate in any way you want. It does NOT mean permissionless access to or use of anyone else’s information via the net.
I am sympathetic to the IPR posts on this list, and clearly the right to earn returns on intellectual property based on rules set by the owner of the property needs to be respected.
I’d suggest an added sentence. “In parallel, the Internet must have mechanisms for innovators to capture the just rewards accruing to the use of their innovations via the net.” — or some better wordsmithed version.
I agree with the above analysis. The phrase “roles and responsibilities” sounds like someone has predefined these static roles, and you had better stay within them.
I think that expertise deserves an equal mention here. I suggest adding the following: ” … and according to their relate expertise.” I hope that is not too anti-egalitarian.
Contrary to some of the preceding comments, I like the phrasing as it is. The phrase “full and balanced” conveys to me that a sense of fairness and understanding of the issue at hand are essential to determine what that balance is.
Multistakeholderism is a principle, or a model if you prefer. ICANN, for example, is a particular instantiation of that principle, which I interpret to mean that the people who are affected significantly by an issue or a decision should have the right to be heard on the issue and participate in some manner. Different arenas may well demand different instantiations of the multistakeholder principle, with somewhat different organizations and/or procedures. The current wording captures well this complexity behind the principle.
Why is the statement limited to “international … ” Is this not also applicable within nations? Is the purpose of this section only to deal with international governance. I don’t think so; these principles should be applicable within nations also.
The issue of accountability, or the other side of the coin, oversight, is just beginning to be discussed. In my view it’s premature to try to define a solution before thoroughly analyzing what accountability means, for what, to whom, and toward what goal. I suggest leaving the sentence as it is.
The demand expressed above to insist on making decisions bottom up leads to questions of representative democracy, decision maker (voter) capture, relative expertise and others that are relatively complex. For some processes, bottom up decision making is good, but in others it may not be best. There is no reason to be so doctrinaire in a statement of principles.
I agree with the comments above that suggest adding “should not disadvantage or advantage any category … “
This is not a complete sentence, and I agree with the comment above that the adjective ‘multistakeholder’ seems inappropriate here. I suggest:
” Internet governance should depend upon a distribution of responsibility to appropriate organizations, and an active web of cooperation and coordination among them.”
I agree with this comment, and would like to add to to. The title of this point is not clear. I suggest:
“Enlarging meaningful participation: Internet governance institutions should support capacity building for newcomers, especially individuals from developing regions and otherwise underrepresented segments of society.”
The first sentence, which I propose you delete, seems to conflate or blur the point that i think you want to make.
I have two suggestions:
1. Replace unreasonable in the last sentence with discriminatory. What is reasonable for one person may not be for the next.
2. Among the adjectives that modify Internet access, add “cost-based.” This does two things. First, it eliminates any pushback from ISPs who may complain that your idea of affordable is one they can’t meet. Second it says to ISPs that the user’s price has to be reasonably related to cost, i.e. the ISP should not be able to take advantage of monopoly situations to exact monopoly profits. Telecommunications tariff policy has been used in the past to approximate this result.
This is an important point, and I like the way in which it is phrased.
Technology neutral means that the policies, or legislation, or regulation, do not specify exactly how a thing is done, but rather the functionality of the thing. Example: provide wireless 11Mbps service, vs. provide 802.11b Wi-Fi service. The first represents a goal that can be achieved with a host of technologies, while the second is specific and locks the policy in as more advanced versions of the specification are made available.
I support this version of the text. Another comment, though:
Open standards are functionally disjoint from so-called free and open software. Those who argue that FOSS is morally superior or should be required to implement open standards do not understand the contribution that the business community has made to the development of the Internet. The FOSS production process, as we have recently observed, is not free of its own problems.
I would not intro due any mention of FOSS in this point.
I disagree with this. The network of organizations and their interrelationships making up the Internet governance ecosystem is complex and full of processes. It may be appropriate for some of them to make decisions in a bottom up manner, but it may not for others. Form should follow function. Function should not be inhibited by arbitrary judgments regarding how decisions should or should not be made int he constituent organizations.
Some of the disagreement to date reflects a fundamental weakness: Internet governance has not been defined for Net Mundial. It includes both the lower levels of technical administration (governance ‘of’ the Internet) and higher levels such as surveillance (governance ‘on’ the Internet. I think the statement is true regarding governance of the Internet, but of course, it was equally true before WSIS; nothing has fundamentally changed. Where we might be pessimistic is with respect to governance on the Internet, which contains much larger problems that are not technical; they reflect all forms of human behavior moving onto the Internet.
If the intent of the statement is to talk about the technical administration aspects of governance, then the statement is correct. If not, then the statement needs to have a healthy dose of realism injected.
A catalyst is something that just causes something to happen by its presence, but does not get involved. This is not the case here. I suggest;
“Internet governance should promote sustainable … ”
It’s clear to me here that we are talking primarily about governance on the Internet, not governance of the Internet. But without that assumption, the statement loses much of its meaning.
The phrase “of all stakeholders” is very overused in this entire document. Why not just say “Issues that deserve attention in the future evolution of Internet governance.”
I don’t understand the relevance of this paragraph. The first sentence is obfuscatory and leaves a wide range of interpretations to the reader. The rest of the paragraph has been said in slightly different forms several times elsewhere. I would delete the entire point.
I really regret that the term “enhanced cooperation” is being kept alive in this document. No one knows what it means, so why keep it alive? You could say the same thing by dropping the word and leaving the rest of the paragraph as it is. Please kill it.
Further, when you say ” … must be implemented on a priority and consensual basis.” I don’t understand the meaning of it. Within governance ‘of’ the Internet at the lower layers, or at the technical administration end of the spectrum, there has been significant and, I think, cooperation among the organizations having operational responsibility since the beginning of the Internet. Enhancement is not the issue.
It would seem to me that if you can’t define what you mean by this point in more concreter terms, it should not be in the document.
I support Rishab Bailey’s comments above. I would support the UK government’s suggestion to delete the paragraph, but not for the reasons that they suggest.
I support Carolina’s comments above, and suggest that, leaving the fist sentence alone (even though it is tautological), change the second sentence to eland on her point (I hope I have understood you):
“National multistakeholder mechanisms are in a position to address national problems directly, in a forum that may well have the capability to create and implement solutions directly. In addition, they can serve as a link … “
This is essentially a repeat of nearly the same thing in several previous sections of the text. Such repletion only makes the document sound more doctrinaire. I recommend deleting it.
Strange construction. I recommend:
“In order to promote more including inclusive and effective governance, there should be remote participation …”
‘must’ is a very strong word here, as if they were being compelled to do so. ‘should’ is a more polite and better word.
The term ‘digital development agenda’ is bothersome. If it’s a Net Mundial term, hit hasn’t been defined, nor have its implications been understood. If it’s a UN term, the same is correct, but it’s considerably more worrisome, since therein is then a lot of background that is not likely to be known by the average reader of this document. If it refers to the ill-fated initiative of the UN in 2001 by Jean-Jacques Schreiber (sp?) to raise money from an informal tax on ICT suppliers, then it should be strongly rejected.
I don’t understand this point, and I suggest that the second sentence be dropped.
The first sentence sounds like it comes from UN text, and does not directly relate to Internet governance. Perhaps the entire point should be dropped.
The paragraph is correct. the problem is how to get there.
I ave some sympathy for the preceding commentators who doubt that new mechanisms are necessary. Further, what is the forcing factor that pushes us to consider this question? As some above say, it’s difficult to understand the need for this without understanding exactly why it is important, and that required specifics.
I recommend deleting this point.
In my view, the IGF has been as successful as it has been precisely because it has been a non-decisional body. There is merit in considering how it’s functioning and output could be made more useful, but changes should not affect its non-decisional status.
I support the UK Government’s proposal.
It is clear that a major issue on the table is the post-NTIA accountability of ICANN for the IANA functions. The output of Net Mundial can clearly recognize that this issue is receiving attention, but should not attempt in any way to draw or anticipate conclusions or steer the outcome of the debate.
I appreciate that what follows is labeled security and stability, and the subtopics that follow it are legitimate concerns of government on the Internet. However, there is a whole range of topics in the area that Bertrand de la Chapelle labels as inter-jurisdictional and describes very well. They include, inter- alia, consumer protection, law enforcement, not only for criminal law but also for civil law — the harmonization of contracts, acceptability of digital signatures, and trade issues. This area of Internet governance ‘on’ the Internet is grossly underplayed in this entire document, and that is where our largest problems exist.
It is clearly too late to do any significant restructuring, but here is where increased inter-nation and international dialogue really needs to take place. The organizations and mechanisms are there, but the dialogue does not seem to be. There are surely resource issues at the national level associated with the weak response in these areas.
We must be able to say something more about this large and important area of issues than is currently in the document.
“permissionless innovation” seems to completely disregard the right to a livliehood of many creatives via copyright infringement.
“Permissionless” is a broad phrase that overlooks the need to ensure that original creators maintain the right to control of their work. A vibrant Internet is undoubtedly central to the future of independent artists, but all creative communities should respect one another’s output. Permissionless innovation fails to acknowledge such respect.
The Government of Japan suggests rephrasing this paragraph “ as follows “Cultural and linguistic diversity should be respected and promoted in the Internet governance”
The Government of Japan suggests replacing “unfragmented” with “interoperable” in the title as well as in the paragraph10.
The Government of Japan would like to seek clarification on the meaning of the sentence. What would be checked, balanced and reviewed?
Regarding “Roadmap for the future evolution of the Internet Governance”, roles that existing mechanisms based on the Multistakeholder approach have played should be respected, as Japan has also been insisting at the Commission on Science and Technology for Development, United Nations.
In this regard, international public policy issues pertaining to the Internet have been widely discussed at IGF with the participation of Multistakeholders. Not a new mechanism but IGF should be maintained, developed and used effectively in the discussion of the emerging topics.
From this point of view, Japan basically supports the Roadmap in the draft outcome.
Though we think the scope of the outcomes/recommendations is emerging topics, we need to implement them, fully paying attention to the duplication of and collaboration with existing mechanisms in order to avoid the confusion of users.
While ensuring guaranteed stable and predictable funding is essential, a balanced source of funding, accountability and transparency are necessary in order to avoid specific stakeholders having excessive influence on IGF.
Because the word “on-going monitoring, analysis, and information-sharing functions” is sensitive for many stakeholders in some cases, we should deliberately consider whether they will be needed or not, firmly sharing information about what the coordination tools are and how they work.
Regarding the NTIA announcement about the intent to transition the stewardship of IANA functions, Japan welcomes the announcement as one of the concrete actions for the Multistakeholder approach. We agree with focusing on ensuring the security and stability of the Internet as well as guaranteeing the transparency and accountability through the open transition process in the draft outcome.
Japan recognizes that the post-transition mechanism needs effectivity to maintain and evolve the stability of the Internet as well as its transparency and accountability.
Further, recognizing that the existing structure has contributed to the stable operation and development of the Internet, we should keep in mind that we should not impose excessive constraints on Internet governance.
The government of Japan suggests deleting “it is expected that” and replacing “will feed into” with “are encouraged to be discussed in” and replacing “all Internet governance discussions” with “other Internet governance discussions”.
I am deeply troubled by the use of the phrase “in their respective roles and responsibilities.” As previously noted, this harks back to the Tunis Agenda, and functionally makes governments “more equal” than other stakeholders. Furthermore, it essentially instructs each stakeholder class to limit their involvement to areas dictated by their roles and responsibilities. True multistakeholderism must firmly reject this concept. Indeed, true multistakeholderism is the opposite of this — all stakeholders need to operate outside of their comfort zone and freely be involved in all discussions and decisions regarding matters of Internet governance. This should be subject only to a responsibiity to be reasonably well-informed on matters under discussion and to be particularly mindful of “expert” advice that a particular result could have disastrous consequences.
Instead of this government-centric formulation, there should be clear support for a “multi-equal” multistakeholder model and a rejection of an attempt to limit stakeholders to assigned roles and responsibilities.
By “international organizations,” do you mean only intergovernmental organizations (IGOs) or do you also include international nongovernmental organizations (NGOs) such as ISO (International Standards Organization, not International Sugar Organization) or Amnesty International?
This section “picks and chooses” among the rights listed in the Universal Declaration of Human Rights. Although the introductory paragraph (2) says that the rights “include, but are not limited to,” clearly the rights actually listed are being given special emphasis. It may be that these rights are the most relevant to online activity, or it may be that these rights reflect the interests and prejudices of those most involved in drafting this document. It would be cleanest to remove the rights actually listed in paragraphs (3-8) so that this is a high level statement without judging which human rights are more important than others.
If this does not happen, at the very least the following right from the UDHR, Article 27(2), must be included, as it is of critical importance in relation to online activity: “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”
The language “recognizing the different roles played by different stakeholders in different issues” is problematic. This appears to be the same as “in their respective roles and responsibilities” language plucked from the Tunis Agenda and plunked into the first “Internet Governance Process Principle.” For the reasons I and others have stated in comments to that paragraph, this language should either be removed or its meaning clarified to distance it from the Tunis Agenda concept mentioned above.
Is “enhanced cooperation” code for elevating governments above other stakeholders? In other words, is this another way to reinforce the message of “in their respective roles and responsibilities” and “recognizing the different roles played by different stakeholders in different issues.” I agree with Prof. Mueller — this either means nothing, or it has a secret meaning that is not apparent to most of us (my proposed translation above).
Assuming it means what I think it means, it should be rejected for the reasons I and others have stated in response to Section I.1 here and the first Internet Government Process Principle.
“Permissionless innovation” is the most irresponsible, selfish and wrongheaded concept within this document. “What’s yours is mine and what’s mine is mine because you still have no effective means to stop me” must bear significant and negative consequence for the infringer if digital creators are to find earnings from their work without a blanket of Google-style advertising. For my living I create routinely without infringing on other’s work. Tech companies can–and should be required–to learn to do this, too.
I would propose to add at the end of the list the human right to asylum as in art. 14§1 of the Universal Declaration of Human Rights and to link it to the other human rights and internet activities by adding:
“Asylum: Everyone has the right to seek and to enjoy in other countries asylum from persecution especially when this persecution is related to exercising the above mentioned human rights via on- or offline activities.”
Including this human right would only be logical if one looks at the images on top of Netmundials homepage showing Snowden, Manning and Assange.
It should be made clear that hindering people to speek truth to power and to blow the whistle as well as prosecution and retaliation against whistleblowers do constitute arbitrary interferences with the human right of freedom of expression. This is another lesson that Snowden who we own the existance of Netmundial has taught us.
It would be good to add a reference to the Tshwane Principles on National Security and the Right to Information as a good example for a multi-stakeholder approach detailling which limitations to this right might be tolerable and which would not.
It should be made clear that accountability is not only an external issue of formal procedures. Everybody should be ready to accept to be held to account for his words and deeds. Everybody signing this paper should be ready to have his actions measured against the yardstick of the principles, be it through formal procedures or by engaging into a fair and non-discriminatory dialogue with those who – like whistleblowers – raise the question of compliance.
It would be good to mention a plan B as long as the multi-stakeholder ideal world is not yet a reality. E.g. by inserting a paragraph before the first subheader like:
“While aiming for a wide international co-operation in the implementation of the Internet Governance Principles they also should be seen as a challange for each and everyone to follow these principles and to do whatever is already now possible on individual, national and international level.”
I totally agree with and support the current wording. It is succinct and focused.
In your view, I like this +1
It should be recognized that the evolving human rights have, so it is not convenient to enumerate only a few human rights, excluding others. Efforts should be made a proposal to recognize the continuing evolution of human rights as a permanent reference framework for Internet governance.
The contribution of human rights should be strengthened in internet governance. We suggest removing the word “may”. Also, we should remember that human rights are more than values, human rights are rules of law that respond to obligations undertaken by States in various international treaties and conventions on human rights signed. Therefore, it is also considered appropriate to include the rules of law.
Also, in relation to the word “legitimate” should determine whether it refers to the legal legitimacy, political, institutional, or that.
I agree with you that it is not convenient to make a distinction between the rights of people off line and on line, this is contrary to the main feature of universal human rights.
I agree with the proposal of United Kingdom Government, it`s more appropriate to establish that everybody have the same rights to privacy in either case.
While every one should have the right to creat and distribute information, the right to access and share is relative to publicly available information…
Can we make it “.. In their complementing roles and responsibilities.”
As it stands, “permissionless innovation” is a facile and ultimately meaningless phrase that causes more problems than it resolves. If it cannot be clarified I believe this paragraph should be deleted.
This makes no allowance for creators of music or video works. They should be remunerated for use of their work…or those professions will become simply hobbies…
I would add “wherever possible” after consensus to allow for movement when it is urgently needed and consensus is difficult to achieve.
I think it is important to maintain the reference to personal data and surveillance here as an example of the sorts of privacy issues which need to be addressed. They should not be removed
I agree. Access to knowledge is a very important inclusion
Yes, this wording is an improvement
If there is to be a reference in this document to intellectual property rights, I guess this paragraph is the place. However I like many others have no respect for a system that restricts publicly funded academic research unless paid for, or makes Martin Luther King’s monumental “I have a dream” speech subject to copyright law. These practices do not respect creators of intellectual property, who get nothing from these particular examples, but makes payments to publishers only.
If we are to refer to intellectual property rights here, we should also refer to access to knowledge. I think George Sadowsky’ suggested wording below might be a simple solution.
I’m sorry, but I don’t understand the reactions to this phrase.
Should artists need permission to innovate? I hope not.
Permissionless innovation is at the heart of artistic creativity, not an opposition to it.
Similarly, innovation is at the heart of Internet evolution, and it is important that it remain so. A reference to innovation is extremely important here and must be maintained . And I really don’t understand whose permission I should seek before I innovate.
This paragraph has got nothing to do with intellectual property rights, but an awful lot to do with encouraging and fostering a creative environment.
I think George’s comment here is a good one. I was going to suggest deleting this paragraph altogether, but as long as multistakeholder is removed here, as suggested by George, I have no real objections
no problem with innovators and creators being protected, Rowena. I wouldnt oppose an appropriate reference somewhere along those lines.
But “permissionless innovation” does not himder creativity at all. The examples you give are a miniscule fraction of what we are talking about in on line innovation – and in a lot of cases illegal activity. Use the law to protect these interests, but don’t restrict innovation on the Internet.
The phrase has been in our vocabulary for a long time, to describe a platform where innovators can freely – well, innovate.
Lots of creative people have benefitted greatly from the opportunity to sell and spread their creative work on line, and the more that possibility spreads so that creative people benefit, the better off we are. Permissionless innovation as I know it is an aid to this.
Suggested addition -
To this end, we recommend that a full session be devoted to discussing progress on this issue at the Internet Governance Forum meeting in Istanbul in September 2014
Suggested addition
“In the meantime, we recommend the “necessary and proportionate” principles (contained at https://en.necessaryandproportionate.org/text) as a guideline to evolution of policy in this area
I would delete the first sentence, ie “The implementation of the Tunis Agenda has demonstrated the value of the multistakeholder model in Internet governance”
As others have commented, there is no single model of multistakeholder Internet governance. I think the important point is made here with the words which follow.
My suggested text would be
” The valuable contribution of all stakeholders to Internet governance should be recognized. Due to the successful experiences, this model of involvement of all stakeholders in governance should be further strengthened, improved and evolved
Our members believed that an element should be added to this opening, suggested that the bracketed text be added: NETmundial identified a set of common principles and important values that may contribute to an inclusive, multistakeholder, effective, legitimate, and evolving Internet governance framework[ that respects the rights of individuals and the rule of law consistent with the principles of a democratic society].
Our members suggested several deletions and additions, so that the revised accessibility sentence would read: “persons with disabilities should be able to access online resources to the fullest extent practicable.”
Our members suggested a revision, so that the final sentence should read: “all people should benefit from development and the Internet has a vital role to play in helping to achieve the full realization of internationally agreed sustainable development goals. It is a vital tool for giving people living in poverty the means to participate in development processes.”
Our members suggested several deletions / additions to this segment, so that the revised paragraph would read: “The security, stability and resilience of the Internet should be a key objective of all stakeholders in Internet governance. As a universal global resource, the Internet should remain a secure, stable, resilient, and trustworthy network. Effectiveness in addressing risks and threats to security, stability and resiliency of the Internet depends on strong cooperation among different stakeholders.”
Our members suggested several deletions and additions to this segment, recommending that the final paragraph read as follows: “The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation, and upholds the end-to-end nature of the open Internet, and seeks for technical experts to resolve technical issues in the appropriate venue in a manner consistent with this open, collaborative approach.”
Our members recommended a deletion and addition to the close of this paragraph, recommending that the final paragraph with changes read as follows: “The ability to innovate and create has been at the heart of the remarkable growth of the Internet and it has brought great value to the global society. For the preservation of its dynamism, Internet governance must continue to support an enabling Internet environment that, among other things, also allows authors and creators to benefit from their moral and material rights of authorship as recognized in Article 27 of the Universal Declaration on Human Rights.”
In addition, our members recommended that the following bullet be added as a second element to this paragraph:
“• Intermediary liability should be limited in line with international best practice, recognizing that Internet intermediaries, like other stakeholders, can and do play an important role by addressing and deterring illegal activity, fraud and misleading and unfair practices conducted over their networks and services as well as advancing economic growth. Limitations play an important role in promoting innovation and creativity, the free flow of information, and in providing the incentives for co-operation between stakeholders.”
Our members recommended several edits, including deletions and additions, to this paragraph, so that the final text of the paragraph would read: “with the meaningful and accountable participation of all stakeholders, including governments, the private sector, civil society, the technical community, academic community, and users, taking into account each group’s expertise and competencies.”
Our members recommended several additions to this paragraph, so that the final paragraph should read: “The development of international Internet-related public policies and Internet governance arrangements should enable appropriate, full and balanced participation of all relevant stakeholders from around the globe, and be made by consensus. “
Our members recommended an addition to the close of this paragraph, adding the bracketed text as here: “Decisions made must be easy to understand, processes must be clearly documented and follow agreed procedures, and procedures must be developed and agreed upon through multistakeholder processes[, recognizing technical and operational requirements and skills].”
Our members recommended the addition of this bracketed text: “Mechanisms for checks and balances as well as for review [and redress of decisions ]should exist.”
Our members recommended several deletions and additions to this paragraph, so that the final paragraph should read as follows: “Internet governance institutions and processes should be inclusive and open to all interested stakeholders. Processes should be bottom-up, enabling the meaningful involvement of all stakeholders, in a way that does not disadvantage any category of stakeholder, while taking into account the necessary skills and experiences related to the topics and fora.”
Our members recommended several deletions and additions to this paragraph, so that the final paragraph should read as follows: “Anyone affected by an Internet governance process should be able to participate in that process, taking into account the skills and experiences that may be required for some functions. Particularly, Internet governance institutions and processes should support capacity building for stakeholders new to the process, including those who may be from developing countries and underrepresented groups.”
Our members recommended one deletion and one addition to the paragraph, so that the final paragraph would read as follows: “Internet governance should promote open standards, informed by individual and collective expertise and practical experience and decisions made by consensus-based and transparent processes, that allow for a unique, interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards must be consistent with human rights and allow development and innovation.”
Our members recommended several deletions and additions to this paragraph, so that the final segment of the paragraph would read as follows: “… enables participation across all stakeholder groups in order to consider the interests of all those who benefit from the Internet.”
Our members recommended two additions to this paragraph, so that the final paragraph would read as follows: “Internet governance should serve as a catalyst for sustainable and inclusive growth and development and for the promotion of human rights. Participation should reflect geographic diversity and include stakeholders from developed, developing and least developed countries.”
Our members recommended several deletions and additions to this paragraph, so that the final paragraph would read as follows: “Internet governance decisions are sometimes taken without the meaningful participation of all stakeholders. It is important that multistakeholder decision-making and policy formulation are improved in order to ensure the meaningful and accountable participation of all interested parties, taking into account each group’s expertise and competencies in addressing various issues.”
Our members recommended significant change to this paragraph, so that the final paragraph would read: “All stakeholders should commit to full cooperation with each other, in a multistakeholder fashion, to address international public policy issues pertaining to the Internet.”
Our members recommended several deletions and additions to this paragraph, so that the final paragraph text would read as follows: “There is a need to further develop multistakeholder mechanisms at the national level because many Internet governance issues should be tackled at this level. National multistakeholder mechanisms should serve as a link between local discussions and regional and global instances. Therefore coordination and dialogue across those different dimensions is essential.”
Our members recommended several deletions and additions to this paragraph, recommending that the final paragraph read as follows: “Consideration should be given to how best to address the possible need for improving mechanisms regarding emerging topics and issues that require coordination in order to be adequately addressed by the existing Internet governance organizations and arrangements.”
Our members recommended an addition to this paragraph, so that the final text would include the bracketed language: “Improved outcomes: Improvements can be implemented including creative ways of providing outcomes/recommendations and the analysis of policy options[ while maintaining the essential character of the IGF as a discussion and knowledge sharing rather than a negotiation / decision-making forum];
Our members recommended several deletions and additions to this paragraph, so that the second and third sentences would read as follows: “… Periodic reports, formal liaisons and timely feedbacks are examples of mechanisms that could be implemented to that end. It would be beneficial to analyze the option of adopting or creating coordination tools to perform on-going monitoring, analysis, and information-sharing functions.”
Our members recommended some changes to this paragraph, recommending that the final sentence now read as follows: “… Any adopted mechanism should protect the bottom up, open and participatory nature of those policy development processes and ensure the stability, resilience and operational functionality of the Internet and its governance mechanisms.”
Our members recommended several deletions and additions to this paragraph, recommending that the final paragraph read as follows: “This transition process should be conducted thoughtfully with a focus on maintaining the security and stability of the Internet, empowering the principle of equal and informed participation among all stakeholder groups and striving towards a completed transition by September 2015.”
Our members recommended deletions and additions to this paragraph, recommending that it read as follows: “It is expected that the process of globalization of ICANN speeds up leading to a truly international and global non-governmental organization serving the public interest with an independent status and clear accountability mechanisms that satisfy operational technical requirements and policy requirements of all relevant stakeholders.”
Our members recommended two changes to this paragraph, which would render the text of the sentence as follows: “The effective representation from all stakeholder groups in the ICANN structures from all regions, as well as other stakeholders, is a key issue in the process of a successful and accountable globalization for ICANN.”
Our members recommended deletion of this paragraph.
Our members recommended additional language to this paragraph, to include the bracketed text: “There are stakeholders that still need to become more involved with cybersecurity, for example, network operators and software developers[ from developing countries].”
Our members suggested several deletions and additions to this paragraph, recommending that the final paragraph read as follows: “There is room for new initiatives that do not duplicate but add to current structures. If no fora exist that can take on such new initiatives, new non-duplicative initiatives could be considered to address those specific issues in a narrowly tailored and collaborative manner. All stakeholders should aim to leverage from and improve these already existing cybersecurity organizations, recognizing that many are private sector supported and initiated. The experience accumulated by several of them demonstrates that, in order to be effective, any cybersecurity initiative depends on cooperation among different stakeholders, and it cannot be achieved via a single organization or structure.”
Our members recommended that the second sentence include the bracketed additions: “… Surveillance of communications, their interception, and the collection of personal data, including mass surveillance, interception and collection should be conducted in accordance with states’ [legal rights and] obligations[, including those] under international human rights law. …”
Our members recommended deletion of this bullet.
Our members recommended two changes to this sentence, so that the final sentence might read: “It is expected that the NETmundial findings and outcomes will feed into other processes and forums, such as WSIS+10, IGF, CSTD, and other Internet governance discussions held in different organizations and bodies at all levels.”
The Internet Governance Coalition (the “Coalition”) extends our sincere appreciation to Brazil for hosting the “Global Multistakeholder Meeting on the Future of Internet Governance,” to be held in São Paulo. The Meeting is taking place at a time when the topic of Internet governance is an issue of great interest around the world. The many major conferences and work efforts scheduled this year exemplify the accelerated pace of Internet governance discussions and make 2014 a particularly important year in the ongoing evolution of the Internet. Indeed, there are a host of institutions, each with different core functions and strengths, that address issues related to Internet governance.
The Coalition looks forward to working with all stakeholders to prepare for a successful Meeting in Brazil, and welcomes this opportunity for dialogue on these important issues. International consensus on Internet policies is unlikely to be realized at only one meeting. These debates will continue at future meetings, including the 2014 Internet Governance Forum, WSIS Review, and ITU Plenipotentiary, that, together with the “The Global Multistakeholder Meeting,” promise to make significant contributions to the ongoing global dialogue on Internet governance.
We believe that preserving and advancing open and consultative decision-making is essential to ensuring that global citizens are able to take advantage of this transformative platform both now and in the future. As such, we support the following principles which we believe are essential to Internet governance:
• Policies must ensure a safe, secure, open, interoperable, and sustainable Internet.
• Policies must stimulate sustainable investment in and deployment of Internet networks and the industries and services that create demand for those networks.
• Policies must support opening and maintaining international markets in a way that allows for the seamless flow of digital services, applications, products, and information.
• Policies must foster innovation across Internet networks, services, and other sectors in the Internet ecosystem, including ensuring the protection of intellectual property.
• Policies must support increased transparency and openness in intergovernmental organizations and multistakeholder mechanisms, to ensure that all stakeholders can participate meaningfully in key Internet policy discussions. The quality of Internet governance decisions increases when diverse stakeholders choose to actively and consistently participate.
• Policies must support capacity building and implementation of best practices in relation to network security.
• Policies must support the rule of law which governments have primary responsibility for advancing.
Replace the text in the paragraph with the following:
“The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation, that upholds the end-to-end open Internet, and seeks to resolve technical issues in a manner consistent with this open, collaborative approach.”
The current multistakeholder model for Internet governance has resulted in historic economic, social, and political development. This decentralized structure of the Internet has enabled individuals to access information and services, to connect and to communicate, and to share ideas and knowledge globally. By offering new possibilities for entrepreneurial creativity, the Internet has become a powerful engine for unparalleled technological innovation, economic growth and the preservation and promotion of cultural diversity.
ICANN has matured substantially since its inception in 1998, focusing on implementing accountability and transparency mechanisms and practices, such that it is now possible for NTIA to initiate a process for the further evolution of the Internet and ICANN. That being said, more can always be done to ensure ICANN continues to mature as it tackles new challenges and issues. The community will need to spend the next phase focusing on creating robust mechanisms to ensure the organization continues to evolve. A successful conclusion of the process NTIA is launching will enable the economic and societal benefits of the Internet to continue uninterrupted.
We believe that NTIA’s decision to initiate a process leading to the possible transition of the IANA functions contract to a multistakeholder entity is a critical step. If the principles NTIA identified for the transition are met – which is a critical condition for this process to work – we will succeed in maintaining the freedom, openness, security, and stability of the network we have all enjoyed since its inception.
The Coalition welcomes the opportunity to participate actively in the process that was announced by NTIA as well as NTIA’s affirmation that any transitional proposal resulting from the process initiated on March 14 must support and address the following four principles:
• Support and enhance the multistakeholder model;
• Maintain the security, stability, and resiliency of the Internet DNS;
• Meet the needs and expectation of the global customers and partners of the IANA services; and,
• Maintain the openness of the Internet.
The Internet Society offers the following general comments, with a view to more in-depth discussions regarding the text in Brazil. In general, we believe these documents covey important messages, affirm key principles, and that they offer a valuable contribution to the ongoing global dialogue on the evolution of multistakeholder Internet governance.
At this stage, ISOC comments address five key issues:
- We are pleased that the concepts of openness and transparency of Internet policy and technical development processes are reflected in the text. These were core elements of the Internet technical community’s submission to NETmundial.
- The documents would benefit from a clarification on the scope of “Internet governance”. Grounding this text in the WSIS Tunis Agenda, particularly in reference to the definition of Internet governance, is important. In the absence of such clarification, the intent of the documents is unclear and there is a persistent confusion throughout the sections between the governance of public policy issues and the technical development processes of the Internet.
- The Multistakeholder model of Internet governance should advance the public interest, support the openness of the Internet, and enable the free flow of information. Those concepts should be reintroduced into the text.
- The concepts of openness, meaningful participation, transparency, accountability and inclusiveness are critical for Internet governance. It is important, however, to recognize the diversity of processes within the current Internet governance ecosystem and that the mechanisms for achieving these principles may differ among organizations.
- The references to strengthening the IGF are very helpful and positive. The IGF is an indispensable element of the ecosystem that can address emerging issues while coordinating dialogues at international, regional and local levels. We need to fully take the work of these groups into account, recognize the progress made and learn from the collective multistakeholder dialogue that groups like the IGF have fostered. As such, this document should focus on the need to strengthen and improve existing Internet governance arrangements rather than calling for the creation of new and possibly duplicative mechanisms. Efforts devoted to developing new mechanisms would take valuable expertise and resources away from strengthening existing arrangements like the IGF and could thus, ultimately, be counterproductive.
I support the inclusion of “bottom-up decision-making”, too.
I like to suggest to change the text to:
Multistakeholder:
Internet governance mechanisms should be implemented with the full participation of governments, the private sector, civil society, the technical community, academia and the users on equal footing with their respective roles and responsibilities.
I propose to add the following:
“Full disclosure of the institutional activities including the financial and other important records of the governing institutions must be maintained.”
I propose to add:
“Practical measures to address the needs of non-English speakers and those who do not speak the six UN languages should be implemented by the Internet Governance institutions. “
The White Paper and subsequent activities in the early process of ICANN had the principle of promoting competition. Internet operation often involves some kind of “natural monopoly” at global level, as well as regional and national levels, especially in the operation of Domain Name and IP address distributions.
There are not sufficient measures of accountability and competition in these areas in my opinion. So, I propose to add the following paras at the end of Principles section.
“We recognize the need to keep the uniqueness of the critical Internet identifiers such as Domain Name and IP Addresses requires some kind of monopolistic management at the top level.
However, hHealthy competition that provides the choices for end users should also be promoted as they form essential part of modern society and economy. Measures safeguarding public interest and fair competition and prevent discriminatory behaviors of the monopolies must be implemented at all levels: local, national, regional and global. Independent and transparent oversight mechanisms should be placed over these monopolistic operations.”
Verizon welcomes the inclusion of human rights in these draft principles. As stated in the initial Verizon submission, the principles must “Support human rights, especially those relating to freedom of expression and the free flow of information on the Internet.”
Several commenters have proposed amendment to this section to make it more clearly supportive of an open Internet that is guided through collaborative, multi-stakeholder processes and that remains a strong platform for innovation. Verizon is concerned that, the text on “equal treatment of protocols and data” is not factually correct and creates confusion. This language is inconsistent, as a technical matter, with the way that the Internet functions today and with the way that it has always worked, and it also poses a threat to continued innovation that allows the Internet to be a useful platform for a variety of differentiated purposes. The Internet as used today treats different protocols (for example, TCP packets and UDP packets) and data (email, VoIP, streaming video) differently.
We suggest the following alternative: OPEN AND DISTRIBUTED ARCHITECTURE: The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation, and that upholds the end-to-end nature of the open Internet and seeks to resolve technical issues in a manner consistent with this open, collaborative approach.”
In Verizon’s initial comments, we noted that the importance of policies developed around the Internet encouraging both innovation and investment throughout the Internet ecosystem. We suggest recognition of the importance of investment somewhere in the principles. A healthy ecosystem of connectivity, services, and content will enable market access and boost investments in infrastructure and access.
Verizon welcomes this and other support in the draft outcomes document for the multistakeholder model of Internet governance. We note the importance of the participation being meaningful for all relevant stakeholders.
In Verizon’s experience (having participated in all the global IGF’s), the exchange of knowledge and exploration of emerging issues in a non-decisional way has been a very constructive contribution to Internet governance. While the IGF can benefit from additional outputs, we believe its non-decisional nature encourages broad discussions and diverse input and should be preserved.
Regarding paragraph 26, consistent with the recognition of the value of the multistakeholder approach for Internet governance, in Verizon’s view, the IANA functions utimately should be carried out within a multistakeholder framework that is nongovernmental, in both the short and long term.
Regarding paragraph 19, I posted a comment on the IGF by mistake onto paragraph 26 — It is the following:
In Verizon’s experience (having participated in all the global IGF’s), the exchange of knowledge and exploration of emerging issues in a non-decisional way has been a very constructive contribution to Internet governance. While the IGF can benefit from additional outputs, we believe its non-decisional nature encourages broad discussions and diverse input and should be preserved.
There needs to be language to recognize intellectual property protection and the rule of law generally as key ingredients of sound Internet governance. I believe a strong vibrant internet is core to the future of independent artists but all creative and innovative people, such as photographers, need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect. Any group that collects intellectual property on the internet must not be able to delete EXIF and IPTC information from images and then claim that they are orphaned works. There should be permanently embedded information with images that protects the right of the individual creator and prevents such practices.
Nowhere in this section is there any reference to Article 27(2), guaranteeing authors and creators the right to benefit from their moral and material rights of authorship. Intellectual property rights such as art and photography need to be acknowledged as commercially valuable to the artists and should be protected online as they are offline. This is an important omission that definitely needs correcting to create equality between offline and online protection of an individual’s rights.
Please, let´s take note that from the more than 180 contributions only 17 comes from the governments (Germany, US, UK, Sweden, Russian parliament, India, Austria, Bulgaria, French, Spain,
Switzerland, Argentina, Mexico, Iran, Canada, Republic of Korea, Tunisia). So is the voice of the civil and private sectors the ones that is asking to be heard, private sector and civil society are the ones who say/think/care more about the global internet issues. Governments see their dominant role (historical/policital/democratically acquired) as good enough reason to have control over the Internet?
This “right” is related, in most cases, to having the money to pay for the access. It could be added: “… society must provide different access ways so a free, no cost, internet connection is available to every person…”
The biggest mistake in the Governance of the Internet is talking about “govenments”. In the green paper there were no governments. In some moment it was added in the “white paper” and it has been kept like that. It is a mistake because government means, normally, ONLY the executive power of each country. Normally this government representatives don’t carry the voice of the OTHER POWERs of the state: the judicial power and the congress power. And, since they have been elected by the people… it is assumed that they carry the voice of the people too… but they have not made any bottom-up consultation about specific issues. They will assume that they represent the people in all issues during the time they have been elected. In some cases these are not elected public officers but took the control of the country trough non democratic ways. Not every country in this planet has the same culture, the same history, the same way to decide or not decide who rules that country, nation, state or territory. We must take all this in consideration when we speak about “governments”.
it should state… “… and made by consensus when possible, and after a bottom-up process…”
The NTIA communicate indicates, very clearly that governments, or organizations formed by governments, should not lead. They are stakeholders without doubt. Developing bottom-up processes is one way to guarantee that individuals, small companies, common people with no other power that their ideas and needs, can be heard, chosen, and lead.
This NET Mundial conference is not for empowering the worldwide governments. They have enough power and resources. Big private telecom companies too. The equation must be balanced here, and in all fora, that the end user, the individuals, the civil society, is the one that needs to lead and take decision on internet issues that affect their daily cultura, social, economic development.
Air, water, the right to use paths, the right to think, the right to talk. Those are human rights. Now the right to get a free, no cost, cero cost connection to the Internet must be promoted by all governments of the world. If there is a will there is a way. The benefits for the society will be huge.
Tunis agenda is a very long document (https://www.itu.int/wsis/docs2/tunis/off/6rev1.html) were all the facilitators are goverment leaded organizations, were all action lines are/were mostly in the hands of governments. Were the word “government” is used 48 times, “private” is used 18 times, and “civil” is used only 10 times. So that was an agenda for the governments. Is Net Mundial an agenda for the governments too? No way.
Is NET Mundial an extension of the IGF? I don’t think so. I hope is not. IGF have got enough time, power, media, to request and getting all what is needed to get results. This is not a fora | meeting | call to arms to help IGF.
Any road map must come back to roots: IANA/Postel choose ISO codes for the countries and they could have chosen other denomination method. What would be the position of the governments if, by example, using my own country as a model, the domain “.PE” had been chosen not to be that but, instead, it could have been named “.PS” (for “Peru South-America”) or any other name: .P9, .INKA, and similars. Many of the position of some representatives of the governments come from the wrong believing that the denomination chosen to help the internet users located in some territory (like my country, Peru) belongs, as a property, or give some right, to the government over that denomination. That is a complete misunderstanding and lack of knowledge about the origin and reasons why the ISO denominations were chosen. The idea was to help the internet users located in a territory and not not empower or give any property right to any government. Then we will see governments blocking Twitter, Facebook, and YouTube as they are doing right now… but we would recover one of the false flags that are shown to demonstrate a false right to deny information to today’s global citizens.
Intellectual property is a fundamental, inalienable human right.
Artists should be able to decide if, when and how others profit from their work.
This is non-negotiable. Creators’ rights must be included here.
This is so wrong and a horrible offense to those of us who make a living off of our artwork!!! Please do not pass this!!
This “multistakeholder” farce is an illusion to keep everyone busy, while decisions are being taken outside of these (tiny) circles, unilaterally: by USG, by Google, by China, by Apple, etc.. that all have a real impact on Internet and technology at large, when NOTHING concrete, no measure, no real action, ever emerged from 15 years of SMSI/IGF.
+ it is obvious that it is always the same tiny elite (gov + corps + some few very rich and often state-funded NGO) that participate to this illusion.
What legitimacy for such a scam, when in the meantime technology as a whole as been turned into a tool for global surveillance, control and oppression?
Let’s cut the “multistakeholder” crap. We all collectively own the Internet (what we fill in the pipes is worth much much more than the infrastructure) as a common good and it should be protected as such. Govs and corps could be considered as trustees if they matched a very tight set of requirements (using libre software verifiable by all, transparency and accountability, etc.)
What a waste of time!
It is not quite accurate to attribute to civil society at large that the documents should not contain strong resolutions. Whilst nobody suggests that the NETmundial outcomes should, in themselves, be binding, it is also accepted by many that the other non-binding fora such as the IGF have had too little impact on policymaking and that its processes have been poorly designed to achieve such impact.
Therefore there are those within civil society, myself among them, who believe the NETmundial outcomes should go beyond mere formalities and should propose concrete, actionable reforms.
Completely agree that we need to address that missing step – identifying the appropriate stakeholder groups in any given Internet governance process, and agreeing on their legitimate roles in that process. See my submission at https://content.netmundial.br/contribution/an-extended-role-for-the-igf-in-filling-the-gaps-in-the-internet-governance-ecosystem/126 which is not very well reflected in the text.
Fully agree. Between the IGF which does not produce outputs at all, and the WSIS+10 process which produces outputs full of platitudes and repetitive diplomatic language, it will be warmly welcome if NETmundial can produce some concrete, actionable recommendations to advance the practice of multi-stakeholder Internet governance, such as those that Vice-President Kroes has suggested.
This document, and the discussions around it, should focus on forging agreement in areas where there is currently not already global consensus. Whilst I completely support a strong affirmation of the centrality of human rights to Internet governance, the content of these rights is well established and cannot be renegotiated. More time and attention should be paid to the principles that are not already globally accepted, which predominantly relate to Internet governance processes and mechanisms.
Permissionless innovation is about how there are few gatekeepers on the Internet who can erect barriers to entry for Internet application developers and content publishers, to preemptively limit their experimentation and innovation. I do agree that this is not an absolute and that some limits are implied, for the protection of human rights (such as the right to privacy). The use of the phrase “permissionless innovation” does, however, not imply otherwise.
Or end your proposed text with “should seek to strike a fair balance between rewarding creativity and investment on the one hand, and the cultural, civic, health and educational rights of consumers and their economic and social development on the other”.
The Outer Space Treaty states, “The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.” Perhaps this language could be adapted, replacing up to the first comma with “Governance of the Internet” and replacing “countries” above with “stakeholders”.
I disagree that they are. Inclusiveness is about diversity, whereas multi-stakeholderism is about recognising that different interest groups can usefully be grouped together as stakeholders, and attempting to neutralise power imbalances between those groups that could otherwise lead to the corruption of the political process.
Disagree. The legitimacy of transnational governance process cannot be reduced to the political legitimacy of Westphalian legal systems. Multi-stakeholder participation is part and parcel of what constitutes legitimacy of global Internet governance processes. What else is it for, if not that?
The ambiguity of definition must be addressed, I agree; this document can only go so far in setting them out at the level of principle, but should also set out concrete steps towards that can contribute towards its operationalisation. The European Commission has suggested some such steps.
Where I differ from you is in the distinction that you draw between democratic and multi-stakeholder processes. Ideally, multi-stakeholder participation is how democracy is realised in the global Internet governance regime, where domestic democratic processes such as elections do not exist.
A grammatical niggle – it should be “contribute to” not “contribute for”.
Agree. Values are relative. Human rights are accepted and treated as being absolute.
Without limitation to broader objections to this, the description of copyright infringement as content piracy is inaccurate and objectionable.
Permissionless innovation is about how there are few gatekeepers on the Internet who can erect barriers to entry for Internet application developers and content publishers, to preemptively limit their experimentation and innovation. I do agree that this is not an absolute and that some limits are implied, for the protection of human rights (such as the right to privacy). The use of the phrase “permissionless innovation” does, however, not imply otherwise.
Intellectual property rights are limited by the law in many ways, that do limit the way in which artists can decide how their work may be used. This is because their private interest is balanced against other important social values (some of which are themselves human rights), such as freedom of expression and information, education, health, and participation in the cultural life of the community.
Fully support Matthew’s rephrasing.
Agreed with removal of “continue to” and the replacement of “unfragmented” with “interoperable”.
Support APC’s formulation. The specification of fixed stakeholder groupings and references that can be construed as confining them to predetermined roles and responsibilities is inappropriate.
I disagree with the suggested removal of “international”. NETmundial’s focus is on global Internet governance and on the principles that are applicable at that level. These differ from those applicable at the domestic level where there are not the same democratic deficits nor the same transnational impacts.
I agree that this is too prescriptive. There are multi-stakeholder Internet governance processes that do not work by consensus, and we should not close the door to the development of innovative inclusive governance mechanisms that may not be purely consensus-based; such as consociational, liquid democracy, etc.
I can’t agree with this. The interrelationship between stakeholder groups will vary based on the issue under consideration. In some cases, there will be justification for equality in the roles of the stakeholder groups, in other cases there will not. For more details see my NETmundial submission at https://content.netmundial.br/contribution/an-extended-role-for-the-igf-in-filling-the-gaps-in-the-internet-governance-ecosystem/126.
Agreed and please see my submission at https://content.netmundial.br/contribution/an-extended-role-for-the-igf-in-filling-the-gaps-in-the-internet-governance-ecosystem/126 on why there are good reasons to support a role for the IGF to supplement the operations of the other Internet governance organisations, due to the impracticality of reforming all of them to the required multi-stakeholder standard.
I agree with (a), and/or to the amendment of the paragraph to state “should be based on and encourage deliberative, collaborative and cooperative approaches”. It is vital that multi-stakeholder Internet governance processes be designed to refine the views of stakeholders through democratic deliberation, not merely to reflect their uninformed preferences.
The thorny issue of resourcing the participation of stakeholders should not be overlooked. Suggest adding “, and should aim to resource the participation of disadvantaged stakeholder groups to enable them to participate meaningfully”.
The intellectual property rights issue is a massive distraction from the core purposes of this document, whilst the concept of permissionless innovation, although useful, is not so important that we should risk turning NETmundial 2014 into a circus.
Therefore I suggest the IPR issue must be addressed in order to minimise the disruptive potential of this dispute. Amongst the options canvassed by other commenters, I favour, in order of priority:
1. Referencing both paragraphs of Article 27 (not just paragraph (2)).
2. Refining the concept of “permissionless innovation” to something like “permissionless technical innovation”.
3. Inclusion of recognition of intellectual property rights balanced with user rights including protection against abuse of IPRs.
Strongly disagree. The Tunis Agenda made the mistake of attempting to confine stakeholders to fixed roles and responsibilities, when in reality these must remain flexible because they will vary from one setting and issue area to another. See further my submission at https://content.netmundial.br/contribution/an-extended-role-for-the-igf-in-filling-the-gaps-in-the-internet-governance-ecosystem/126.
The said language of the Tunis Agenda was internationally accepted only by governments. It was not accepted by other stakeholder groups. It is therefore legitimate that it be revisited by the multi-stakeholder NETmundial meeting.
“assumes that the conventional mechanisms for defining roles and responsibilities are understood and accepted”… so NETmundial should recommend a process that can define those roles and responsibilities on an issue by issue basis (rather than a blanket basis as posited in the Tunis Agenda). See further my submission at https://content.netmundial.br/contribution/an-extended-role-for-the-igf-in-filling-the-gaps-in-the-internet-governance-ecosystem/126.
This is one of the rare but welcome occasions where I agree with George. For the same reason that I oppose strictures that would require decisions always be made by consensus or that the stakeholder roles be pre-defined, it is equally inappropriate to require that they all incorporate bottom-up decision-making.
I agree – there is no “the” multistakeholder model. There are several multi-stakeholder approaches, which currently bear little resemblance to each other. Better to write “the value of multi-stakeholder Internet governance processes”.
I support this an approach that transcends generalities to propose specific useful actions.
Not at all. The previous language refers to the fixed roles and responsibilities laid out in the Tunis Agenda. Here, for the first time, is acknowledgement that the roles and responsibilities will differ from one issue area to another. I fully support this language as a welcome step away from the inflexible approach of the Tunis Agenda.
Unique to this paragraph is the recognition that the roles of stakeholders may differ from one issue area to another. This is a welcome but modest step away from the mistaken approach taken in the Tunis Agenda whereby the roles and responsibilities of stakeholders were specified in rigid, fixed terms.
The issue cannot simply be dropped. Better to address the concerns raised above that “nobody knows what enhanced cooperation means” by simply refering to the CSTD Working Group on Enhanced Cooperation process which is already engaged in offering a definition and is mapping the terrain of enhanced cooperation. Without attempting a definition of its own, NETmundial can offer its support to this process.
There is nothing elsewhere in the text that precludes the development of multi-stakeholder processes that include representatives of stakeholder groups – of which, indeed, there are many; such as the IGF MAG to give just one example.
Rather than deleting the paragraph, integrate the phrase “with attention to geographic, stakeholder and gender balance in order to avoid asymmetries” into paragraph I (1) above.
The latest of many mapping exercises identifying orphan issues is underway at the CSTD Working Group on Enhanced Cooperation. There is no reason why the NETmundial text also needs to catalogue them – though it does make sense that it should reference the CSTD’s current work.
The existence of orphan issues that are not being addressed by any transnational, multi-stakeholder forum was one of the main motivators for NETmundial in the first place. This cannot be deleted without largely defeating the purpose of the meeting.
This has my full support. We have seen how, despite the specificity of some of the recommendations from the CSTD Working Group on IGF Improvements, the MAG has been able to disregard them or to implement them in a wholly inadequate manner (eg. in calling for specific policy questions that the IGF should address at its meetings). A very direct and actionable mandate from the NETmundial meeting is needed to overcome the IGF’s reticence to adopt these pressing recommendations for improvement.
Quite false. The IGF’s mandate explicitly includes the ability to make recommendations where appropriate (paragraph 72(g)).
I disagree with the other commentators. Imagine if ICANN or the ITU were limited to a succession of five-year terms. The IGF, whilst in dire need of improvement, is needed to fill a significant hole in Internet governance arrangements and if it did not exist, we would simply need to be reinvent it. I am one of the IGF’s most trenchant critics, but I do believe that its permanent existence is vital.
Replace “dialogues” with “working groups”.
Information sharing is already included here amongst the coordination functions described. Alone, though, it does not go far enough to cover the other aspects such as liaison and monitoring, for example as required under paragraph 72(i) of the IGF’s mandate in the Tunis Agenda.
The specification that security discussions should be held in multi-stakeholder fashion is welcome, because to date, this has certainly not been the case (eg. the Convention on Cybercrime).
I also support Ian’s suggestion.
Go further and say how and where this should be further explored. Does NETmundial recommend that a new CSTD Working Group explore this issue? Or that the IGF do so? It cannot simply be left hanging, without any guidance as to where the disagreement can be resolved.
Agree, and see my comment above: there is insufficient particularity about how these issues can be taken forward. Vice-President Kroes’ suggestions in this regard are measured, sensible and welcome.
Agree, in particular the omission of any mention of the CSTD Working Group on Enhanced Cooperation is difficult to account for.
This paragraph does not address a creator/author the exclusive right to grant usage permissions. Any artist, creator, writer and performer claiming legitimate authorship must be able to control which entities may benefit from their moral and material rights. The author of a work cannot exploit or bestow these benefits if there are no protections granted and enforced by rule of law. I fail to understand why the choice to do so is a threat to social growth– in my opinion, the denial of that choice is the threat to social growth.
Recommended replacement:
persons with disabilities should be able to access online resources to the fullest extent practicable.
https://netmundial.br/blog/2014/04/05/netmundial-announces-remote-participation-hubs-in-22-countries/
Agree with those who support the idea that NetMundial outcome document should also seek to constitute a concrete contribution and provide tangible improvements for the IG ecosystem. And those steps forward should be clear stated in the roadmap (what currently isn’t)
I agree with the previous comments on not having “multistakeholder” mentioned in that way + adding a coordination aspect to it. So the new proposal for text would be: “Governance characterized by distributed mechanisms and organizations supported by a multistakeholder coordination mechanism to facilitate the coherence and effectiveness of existing international internet-related policy making processes.”
+1
highly strongly agree with Robin.
Agree. As proposed in the response from BestBits to the first draft of NetMundial outcome document: We should “recognize the inextricable link between human rights and Internet governance principles, policies and processes. Open and inclusive processes depend upon the freedoms of expression and association and are empowered by them.”
Suggest to redraft:
Privacy is a fundamental human right, and is central to the maintenance of democratic societies. It is essential to human dignity and it reinforces other rights, such as freedom of expression and information, and freedom of association, and is recognised under international human rights law. (source: Necessary&Proportionate)
It is of crucial importance in rebuilding trust amongst stakeholders that mass and arbitrary surveillance programs are brought into alignment with human rights jurisprudence and principles, and that transparency and oversight are strengthened.” (Source: https://bestbits.net/netmundial-outcome-comments/)
While we acknowledge that neutrality is included in this section, we would like to see an explicit reference to the concept and term “net neutrality” as a core principle. The application of all these principles is essential to ensure universal and affordable, high-quality broadband access.
Agree with Richard’s proposal
+1 to Avri.
Agree also with APC when mentioned that: “The internet enables knowledge-sharing and collaborative knowledge-creation. Protection of the interests of creators must occur in a way
consistent with open and free participation in scientific and cultural knowledge flows.”
+1 to Robin and APC on removing “arbitrary”
+1 to not using the language of “respective roles and responsibilities”
+1 for adding “published” besides documented
Yes, the idea of the coordination mechanism is absolutely not a proposal for a centralized instance. It’s the notion of a clearing house, a multistakeholder mechanism to perform functions such as monitoring, analisis, and information-sharing of the current IG ecosystem. It’s an idea that can solve the current very polarized debate about creating or not a new body for Internet governance. It’s the middle ground solution, but an effective one, which will provide us with proper empirical inputs for a bettter understanding of how to current system reacts to particular issues and improve it.
Suggestion (this suggestion merges the main points of paragraphs 6, 8, 10 of the roadmap, willing to delete these from that section, which is confusing and repetitive. It also takes into account comments received on those):
Multistakeholder approach: Internet governance processes, policy and decisions should respect and support full participation of all affected internet users and stakeholders, including governments, civil society, technical community, private sector and academia. Any multistakeholder approach should particularly enable meaningful participation from developing countries and underrepresented groups. When stakeholder representatives need to be appointed, they should be selected through open, participatory and transparent processes, in which different stakeholder groups should self-manage their processes based on inclusive, publicly known, well defined, well-documented and accountable mechanisms.
This whole session actually doesnt make sense. It is entitled “issues that deserve attention of all stakeholders in IG future evolution” then it only talks about multistakeholderism. “Issues that deserve attention” are already addressed in 2 session on issues dealing with institutional reform and another on issues dealing with specific IG topics. My proposal would be to add some of the concepts posed here regarding multistakeholderism at the session on principles (so we actually define a bit what we mean with this terminology, particularly addressing the strong concern to enforce users/civil society participation – as we are the weakest link of the chain). And then move references about WGEC to the part that talks about institution. So we can completely delete this session. It is confusing in terms of structure of the document and it’s substance can be reduced and relocated.
+1 to not use the language “respective roles and responsibilities”
That should go to the session on institutional improvements
I’ve worked on a suggestion trying to merge the main points and comments of paragraphs 6, 8, 10 of this section, which should be posted on principles, under the concept of multistakeholder approach, and deleted from here:
Multistakeholder approach: Internet governance processes, policy and decisions should respect and support full participation of all affected internet users and stakeholders, including governments, civil society, technical community, private sector and academia. Any multistakeholder approach should particularly enable meaningful participation from developing countries and underrepresented groups. When stakeholder representatives need to be appointed, they should be selected through open, participatory and transparent processes, in which different stakeholder groups should self-manage their processes based on inclusive, publicly known, well defined, well-documented and accountable mechanisms.
Paragraphs: 12 (commitments of stakeholders), 14 (transparency of institutions), 11 (capaciticy building, empowerment, access to information), 13 (communication and coordination within technical and non-technical community), 7 (mention to the work from WGEC), with the proper ajustments, would perfectly fit at section II: on institutional improvements. So we can just completely delete this section, which is framed in a weird concept, as all the other issues from this document deserve attention of all stakeholders in IG.
ps. Paragraph 9 can be removed or also move to institutions. No strong position on this.
I fully support the adition of “jurisdiction issues” as an important point to be further addressed. Not solving jurisdictional conflicts in a inclusive and open multistakeholder approach, with the goal to protect fundamental human rights, could lead (and is already leading) to a fragmentation and threat to the global crossborder nature of the internet.
Paragraph 7 or a new paragraph needs to say something about intellectual property rights. As a published author, I have seen my work stolen with no compensation to me by “pirates” also known as “file sharing” web sites.
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect
I understand the desire for _consensus_ driven governance. However, the disadvantage is that reaching consensus especially on thorny, complex issues takes considerable time. Moreover, by the time consensus is reached, it is possible if not likely that technological component of the issue has already changed character through innovation. It is also possible on particularly difficult issues that consensus cannot be reached, leaving policymaking at an impasse. Consensus may be an ideal rather than a practical reality.
Nowhere in this section is there any reference to Article 27(2), guaranteeing authors and creators the right to benefit from their moral and material rights of authorship. Intellectual property rights such as art and photography need to be acknowledged as commercially valuable to the artists and should be protected online as they are offline.
There needs to be language to recognize intellectual property protection and the rule of law generally as key ingredients of sound Internet governance. I believe a strong vibrant internet is core to the future of independent artists but all creative and innovative people, such as photographers, need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect
I totally agree with you as one who creates images as our families sole form of income, I’m sick and tired of having our images stolen by individuals, organizations and schools. How else can we support our families?
The internet should remain a diverse, open, worldwide forum for everyone to be able to share ideas. However, it must not be allowed to be a vehicle for theft.
“Permissionless Innovation” is nothing more than a license to steal and will stifle the very aspects of the internet that make it the wonderful tool that it currently is. This is far from any form of “respect” for creatives and their intellectual property and is not acceptable.
I think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect. Creators (professional AND amateur) must retain the right to control the use and reuse of their work.
The preservation of dynamism must not be accomplished at the expense of the rights of innovators and creators. “Permissionless” innovation neither recognizes nor respects those rights.
This needs to be strengthen at the national level taking into consideration equal participation of all stakeholders of that particular country, and a fluent coordination and dialogue can be assured with the regional and global instances. I would be grateful if anybody can tell me about India, what kind of mechanism do we have at present to ensure multi-stakeholders participation in this regard?
Maintaining the security is the most important issue facing us today, we need to see/check and develop a road-map to ensure better security and stability of the internet in the future. Cooperation in maintaining security to protect data is important and should be thoughtfully focus by all stakeholders, especially those dealing with Internet Security. Successful globalization should be balance with globalized security.
Yes, network operators and software developers needs to be include in the list especially in order to improve the cybersecurity. The most important issue – security – needs to be deal with together by all stakeholders with better cooperation. It will be good to hear from the network developer and software developer to hear what measures have been taken to ensure better cyber security, like software to block and trace hacker so that they can be arrested or stop. Hackers need to be detect, trap and stop, I appreciate the US Cyber Experts for developing the “Red Herring” to fight the Heartbleed bug. Governemtn and NGOs should work together to ensure that this kind of protection is ensured for all internet users in their country, especially in a country like India where more than 4, 000 websites are hacked in a year!
I think the government need to focus more on this line, especially building the capacity of Civil Societies and making them more involve in the internet governance and strengthening. The future of governance and development is with the internet. So, it is very important for governments to ensure that people at the Base of the pyramid are reach, incapacitated and are fully participating with enhanced knowledge and activities.
More Financing are needed in this sector and let us hope there are more resources and program in this line in the future. There are many more stakeholders to be cover and make them involve, who need financial help and capacity building programs.
This is a good opportunity to ensure equal and transparent participation. I hope it brings out positive outcome for the future of effective internet governance.
Agree that ‘full’ is not clear. ‘Broad’ is also too broad. We may replace it with ‘effective’. New wording should be: … with the EFFECTIVE participation of governments, the private sector, …..
add to the paragraph the following sentence: ‘Hosts/organizers of meetings, and conveyors of IG policy processes should support open and inclusive selection processes for all positions involving stakeholder representation.’
Use term ‘capacity development’ which replaced ‘capacity building’ long time ago in international development language.
The Internet has opened up previously closed avenues of sharing. distributing and promoting intellectual property, but we must be careful not to undermine the system of copyright protection and laws against piracy that enable artists and other creative people to exist. Because of the open nature of the internet, if anything, new guidelines and laws should be enacted to strengthen and enlarge existing protections rather than weaken and eliminate them. In an environment of “permissionless” poaching of creative endeavors, creative minds will be loathe to share their ideas and creations. The internet will be a hostile environment for artists, musicians, scientists and the like. This will have an adverse effect on the movement of free thought and innovation the world over. It’s already difficult to choose a creative profession and earn a living wage. You are going to make it impossible.
A strong internet is core to the future of artists and creatives, but all creative and innovative people need to respect creative output and intellectual property. The idea of “permissionless innovation” rejects this notion of respect and overlooks the importance of an artists rights to their own intellectual property.
ideally in the offline world, there is no interference from the outside world in a given country under the veil of freedom of expression. However, it’s easy to do online. Should online world allow such interference in a country?
How will limits be placed on a state infringing privacy of its citizens or of those in other countries, in the name of counterterrorism?
pertaining to their stakes and interests in specific issues, need to be defined. To implement the Internet Governance principles as described in this section, should we not recommended that a neutral multi-stakeholder body – Internet Governance Body (IGO) be established? Refer sec II block 16 comment.
and should we not extending the principles of neutrality and transparency in governing the critical mechanisms such as DNSSEC?
The term collective stewardship should be defined
various issues require enhanced or decreased role of different stakeholders – this should be recognized and followed
shouldn’t be issue-based as discussed in the previous para?
Refer comments provided against sections sec II, block 16 and sec IV, block 39
certain issues or dimensions of governance such as cyber security, cyber crimes may not require all stakeholders to participate, or even bottom-up approach.
too freewheeling, can create chaos; crime groups or terrorists masquerading as concerned users ought to be prevented
Because of existing high charges for registration of new gTLDs, users of developing and underdeveloped nations are at a disadvantage
prevent infiltration of standards making bodies by national surveillance agencies
technical operations to be separated from public policy making in ICANN. Milton Mueller’s suggestion is perhaps workable. A new gTLD approved by ICANN sent right away to DNS operator (Verisign and others) for inclusion. Since no government above ICANN anymore, should it not be replaced by a new entity, say IGO (Internet Governance Organization – to rhyme with WTO)?, as a neutral body under international arrangements (not subject to US laws as ICANN is). IGO may continue on the principles of multistakeholderism, and it may undertake jobs of adopting technical standards (recommended by IAB, IETF, W3C etc), approving gTLDs, coordinating with RIRs on names and address space, overseeing security of DNS and root servers. If IGO of this nature exists, would it not prudent to bring public policies on all matters concerning countries under it? IGO Board of Directors or Governors may enshrine spirit of MSM by incorporating representation from government representatives, technical experts, academia, and civil society. In this way IGO would be able to become the supreme IG body in the world for ensuring 1Net that is unfragmented, secure, and stable.
Should we not make the IGF more accountable in terms of actionable deliverables and timelines. Should we not ask IGF to focus on specific issues such as content regulation, IPR protection, privacy, cyber crimes, etc; engaging the relevant stakeholders under the multi-stakeholder model?
IGO as proposed may take over all these; the proposed structure and composition in detail are outlined in para 1
clear delineation of technical operations, which must follow bottom-up process as it exists now, from the public policy matters that are of interest to nations, and which may require top-down approach too
if the assumption is that the existing ICANN, governed by US laws, will take over as the transition organization, then nothing would have changed
As proposed it may be a new global entity – IGO under international arrangements, not a globalized ICANN. In this way IGO may have independent status and clear accountability
not ICANN, but new IGO, may become the successor of ICANN
This is primarily a state subject; while MSM may be used, it should be led predominantly by government reps on the IGO Board of Governors
technical methods for cybersecurity agreed upon, or recommended by industry or technical experts to be vetted by IGO since it relates to national security concerns of countries
existing technical institutions such as IAB, IETF, W3C, to continue to develop technical standards; RIRs on address space; as before with strengthening by adding reps from unrepresented countries. If the body like IGO is reality these standards would then be vetted by it.
IGO structure to be defined – models like WTO, ICAO may be studied since they too have representation of private sector, technical experts (for example airlines and air safety norms, rules for air travel etc
Most critical; if not addressed by IGO, it’ll continue to lead to simmering undercurrents leading to avoidable conflicts, because of different perspectives on content regulation, privacy violation, IPRs, and related issues. At the very least, mechanisms involving governments and private sector be created to study these in a time bound manner
not implemented so far; only talking at IGF
should there be interference online in domestic affairs of other countries?
good point
this is the mother of all contentions; which stakeholders will make public policies; what say will countries have on public policies affecting them – cybersecurity, IPRs, espionage, privacy, content regulation, cyber crimes? How will consensus emerge?
will it be an open process in each country, who will administer that; or it’ll be at the international level, even more difficult for them to know the players in each country; selection will be biased as has happened several times in the past
I agree. It is almost impossible to navigate society today without the internet.
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect. Respect for copyright laws and an artist ability to gain from their creativity is vital to innovation.
A strong vibrant internet is core to the future of independent artists, but all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect. If artists are not afforded the opportunity to earn a living, then the arts will cease to exist.
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect
There needs to be language to recognize intellectual property protection and the rule of law generally as key ingredients of sound Internet governance. I believe a strong vibrant internet is core to the future of independent artists but all creative and innovative people, such as photographers, need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
Nowhere in this section is there any reference to Article 27(2), guaranteeing authors and creators the right to benefit from their moral and material rights of authorship. Intellectual property rights such as art and photography need to be acknowledged as commercially valuable to the artists and should be protected online as they are offline.
This is why a concrete reference to the necessaryandproportionate.org/text Principles must be included.
The Principles spell out clearly, not only the requirement of proportionality, in which the indiscriminate collection and retention of communications and metadata without any form of targeting or reasonable suspicion is inherently a disproportionat measure.
But also:
One of the major concerns driving the Principles was to keep the application of the law up to date with the latest technological developments and to ensure that key protections built up over many years in the pre-digital era would remain strong. Our aim was to identify key principles that support robust protection of actual human rights in a digital age.
The 13 Necessary and Proportionate Principles are holistic and self-referential, meaning that each principle and the preamble should be read and interpreted as one part of a larger framework.
The point that the UK govt is making clarify why it is so important to make a full reference to the 13 Necessary and Proportionate Principles, available at: necessaryandproportionate.org/text Principles
By its very nature, mass surveillance does not involve any form of targeting or selection, let alone any requirement on the authorities to show reasonable suspicion or probable cause. Accordingly, mass surveillance is inevitably disproportionate as a matter of simple definition. The 13 Necessary and Proportionate Principles reflect the above international standards under the headings “necessity,” “adequacy,” and “proportionality,” and “legitimate aim”
I disagree that internet governance should be tackled at this level. I’m unconfortable with enumerating a national government with regulating internet. To me, it suggests a top down approach with no possible way of regress. National governments should be restricted from infringing on inalienable rights. While, at individual, state, territorial, or any other decentralized government or association is provided with mechanisms to remedy when those rights are usurped. There is no need for a national mechanism to coordinate dialogue. Free association can do that, and it needs no government help.
“… developing and least developed countries.” may be changed to
“… developing countries.” by dropping “least developed”.
or we may consider to change “developing” to “emerging” since “developing” tends to imply economical development.
“…. interested parties” may be to “… stakeholders” to avoid confusion on difference between “interested parties” and “stakeholders”.
would like to see more elaboration in this paragraph such as
1. publish a series of recommendations, similar to IETF RFC, in particular on its “Informational documents”. Examples may include “Multistakeholder Model”.
Not just “intersessional dialogues”, but dialogues between IGF, regional IGFs, and national IGFs.
Need to mention on more stregngthened secretriat, similar to ISOC, IETF,…
Add “countries” after “all stakeholders” so that the phrase becomes “all stakeholders and countries”.
We need to have as many countries as possible to involve on this process, and we need to outreach all 193 UN member countries or more.
Similar issue to 25.
Not just “all regions”, but “as many countries as possible” needs to be included for active participation.
this paragraph may be confusing as new stakeholders such as researchers, software developers,..are introduced. it may be better to stick to stakeholders this document defined; government, civil society, private sector, technical community, academic community, and users. “researchers” or “technical experts” may be confusing wrt to academic community and technical community.
“Orphan topics” such as net neutrality and cyberwar should be mentioned either in Section IV or Section V. Listing “orhpan topics” may be a good idea, and raise the issue that these topics of cyberspace shall be addressed in some or new organizations even though they may not ba proper topics to be covered within Internet governance.
Hi, I am not in civil service, or in any technical science or programming. I am a simple person living on this planet working as an artist and using the internet to promote my point of view to the world and potential clients. The internet is artist’s prime communication tool to promote ideas, share creative thoughts and display our works. My only concern with chapter 13 is the words” permission less”. These words reject the reverence of another’s work. The internet is faceless and much easier to infringe on others rights without guilt, but is that the kind of international society we want to promote? Copyright was created to keep the true innovators working, in return we reap the benefits of advancing society. Without copyright protection, technology, music, visual arts, etc will become hobbies.
The argument does make sense. The intellectual capital that goes into the creation of my books, both in print and ebook format, is my product — a product which pays my bills. My sole support is through my writing income. I work long hours, weeks, months on creating my product. My brain, my ideas, my work — whether it is in ebook format or print, makes no difference. A book is a book, and protected under copyright. When an off-shore book pirate decides to distribute my book for free, or as in recent cases, sell it, that’s infringement not only on my copyright and intellectual property, but infringement upon my livelihood and my paycheck. I write both fiction and nonfiction, and there should be no difference. Fiction is not “information” and whatever spin I put on a non-fiction work, is still in my words, my ideas, from my head. I’m extremely concerned about the word “distribute” and how it is being interpreted, and used in item #7. Yes, I want that freedom to distribute my own work, but no one else should have the right to steal that work from me and distribute it at will.
The concerns with this paragraph being raised are real here, but the answer is not to write in a paragraph that is all about securing IP. IP rights are important, but they are not absolute. And innovation beyond the generation of creative content is important too – so technological innovation – and the contribution that an open internet architecture has made to facilitating technological innovation – are worth acknowledging.
So I’m with Jeremy. By all means recognise the importance of IPR, side by side with recognising all the other important interests that are balanced against IPR. I like Jeremy’s 3 points:
- Recognise IP as well as other interests by referring to both paragraphs of Art 27;
- Recognise the importance of permissionless technological innovation – and the contribution of the open internet architecture to the wave of technological innovation we’ve seen and all the benefits it has brought
- recognise other user interests and the need to ensure that IP rights aren’t abused.
If we can recognise all sides of the equation here – technology, content, and the consumer interest – maybe we can get a win win win?
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect
Saudi Arabia comments on the draft outcome document of the Global Meeting on the Future of the Internet Governance (NETmundial) that was published on 14 April 2014
The report of the Working Group on Internet Governance, which was recognized by world leaders during the Tunis phase of WSIS and resulted in the Internet governance section of the Tunis Agenda, was the result of a great deal of hard work by a large multi-stakeholder working group of experts. It is, therefore, any document prepared by any group on Internet Governance shall not be in contradiction with the outcome of Tunis Agenda that was adopt by world leaders.
In reviewing the draft output documents we found that, in general, there appears to be a bias towards maintaining the status quo. The effect is to discourage adoption of many of the key WSIS outcomes with regard to Internet governance. There is little mention, for example, of the roles and responsibilities of the various stakeholder groups and especially the enhanced cooperation process needed to enable governments to carry out their role in international public policy. There is no mention of the need to eliminate unilateral control of Internet policy by any single entity or government, a situation which challenges the legitimacy of the existing Internet governance structure. We also noted a bias towards retaining the technical and operational characteristics of the existing Internet with little view of the future internet. Notwithstanding that there are many good things about the existing Internet, this is like saying, for example, that since Nordic Mobile network (AMPS) worked there was no need for GSM or 3G or 4G or 5G. In addition, we found a degree of lack of coherence and incompleteness in the documents which render them less than authoritative.
The following points, as well as our detailed comments on the documents, provide further amplification of our issues.
1- Article 34 of the Tunis Agenda stipulated that the working definition of Internet governance is: “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet”. Principles regarding Internet governance should therefore derive from that definition and be fully consistent with it. Paragraph 34 emphasized development and application based on the respective roles of the stakeholder groups. These roles and responsibilities must be respected and not be confused or neglected.
2- Article 35 identified the roles of the stakeholder groups with regard to Internet governance. It recognized that the policy authority for Internet-related public policy issues is the sovereign right of States. They have rights and responsibilities for international Internet-related public policy issues.
3- Article 68 recognized that all governments should have an equal role and responsibility for international Internet governance and for ensuring the stability, security and continuity of the Internet. It also recognized the need for development of public policy by governments in consultation with all stakeholders.
4- Article 69 recognized the need for enhanced cooperation in the future, to enable governments, on an equal footing, to carry out their roles and responsibilities, in international public policy issues pertaining to the Internet, but not in the day-to-day technical and operational matters that do not impact on international public policy issues. In this light, it should be noted that the “multi-stakeholder” approach is not fully implemented as envisaged by WSIS. There is currently no mechanism for governments, on an equal footing, to carry out their roles and responsibilities regarding policy authority for international public policy issues pertaining to the Internet. The Tunis Agenda called for both enhanced cooperation and the Internet Governance Forum (IGF), and both the CSTD and the UNGA have recognized them as distinct and complementary processes.
5- Since the early days of WSIS (Article 61 of the Tunis Agenda) the world has recognized that there is a need to initiate, and to reinforce as appropriate, a transparent, democratic, and multilateral process on Internet governance. Unfortunately, unilateral control of the Internet still exists. The Internet is a global infrastructure which must be managed by a body or bodies which are not under the control or jurisdiction of any single entity or country. All governments should have an equal role and responsibility for international Internet governance and for ensuring the stability, security and continuity of the existing Internet and the future internet. The evolving usage of the Internet has led to significant international R&D efforts on the future internet, following both an evolutionary approach and a clean slate approach, and these should be welcomed as a natural growth process.
6- We must not limit the scope of how to enhance the existing Internet. Instead, we should be innovative and supportive of future internet initiatives and projects that will provide better stability and security. And most importantly, international public policy must be developed by governments, on an equal footing, rather than by a single entity or country.
Finally, the NetMundial outcome documents must be developed based on the agreed WSIS outcomes, such as the above paragraphs. In addition, they must consider all received contributions to Netmundial in a transparent and balanced manner.
Paragraph 34 of Tunis Agenda clearly stipulated the working definition of Internet governance as follows: “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet”. Any principles regarding internet Governance must derive from that definition and be fully consistent with it. It should be noted that the “multistakeholder” approach is not fully implemented as envisaged by WSIS. There is currently no mechanism for governments, on an equal footing, to carry out their roles and responsibilities regarding policy authority for international public policy issues pertaining to the Internet. Use of the term “multistakeholder” must be understood to mean all stakeholders in their respective roles as defined by article 35 of the Tunis Agenda.
Any Internet governance body which is effectively controlled by one entity cannot be considered as being “legitimate”.
Saudi Arabia comments on the draft outcome document of the Global Meeting on the Future of the Internet Governance (NETmundial) that was published on 14 April 2014
The report of the Working Group on Internet Governance, which was recognized by world leaders during the Tunis phase of WSIS and resulted in the Internet governance section of the Tunis Agenda, was the result of a great deal of hard work by a large multi-stakeholder working group of experts. It is, therefore, any document prepared by any group on Internet Governance shall not be in contradiction with the outcome of Tunis Agenda that was adopt by world leaders.
In reviewing the draft output documents we found that, in general, there appears to be a bias towards maintaining the status quo. The effect is to discourage adoption of many of the key WSIS outcomes with regard to Internet governance. There is little mention, for example, of the roles and responsibilities of the various stakeholder groups and especially the enhanced cooperation process needed to enable governments to carry out their role in international public policy. There is no mention of the need to eliminate unilateral control of Internet policy by any single entity or government, a situation which challenges the legitimacy of the existing Internet governance structure. We also noted a bias towards retaining the technical and operational characteristics of the existing Internet with little view of the future internet. Notwithstanding that there are many good things about the existing Internet, this is like saying, for example, that since Nordic Mobile network (AMPS) worked there was no need for GSM or 3G or 4G or 5G. In addition, we found a degree of lack of coherence and incompleteness in the documents which render them less than authoritative.
The following points, as well as our detailed comments on the documents, provide further amplification of our issues.
1- Article 34 of the Tunis Agenda stipulated that the working definition of Internet governance is: “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet”. Principles regarding Internet governance should therefore derive from that definition and be fully consistent with it. Paragraph 34 emphasized development and application based on the respective roles of the stakeholder groups. These roles and responsibilities must be respected and not be confused or neglected.
2- Article 35 identified the roles of the stakeholder groups with regard to Internet governance. It recognized that the policy authority for Internet-related public policy issues is the sovereign right of States. They have rights and responsibilities for international Internet-related public policy issues.
3- Article 68 recognized that all governments should have an equal role and responsibility for international Internet governance and for ensuring the stability, security and continuity of the Internet. It also recognized the need for development of public policy by governments in consultation with all stakeholders.
4- Article 69 recognized the need for enhanced cooperation in the future, to enable governments, on an equal footing, to carry out their roles and responsibilities, in international public policy issues pertaining to the Internet, but not in the day-to-day technical and operational matters that do not impact on international public policy issues. In this light, it should be noted that the “multi-stakeholder” approach is not fully implemented as envisaged by WSIS. There is currently no mechanism for governments, on an equal footing, to carry out their roles and responsibilities regarding policy authority for international public policy issues pertaining to the Internet. The Tunis Agenda called for both enhanced cooperation and the Internet Governance Forum (IGF), and both the CSTD and the UNGA have recognized them as distinct and complementary processes.
5- Since the early days of WSIS (Article 61 of the Tunis Agenda) the world has recognized that there is a need to initiate, and to reinforce as appropriate, a transparent, democratic, and multilateral process on Internet governance. Unfortunately, unilateral control of the Internet still exists. The Internet is a global infrastructure which must be managed by a body or bodies which are not under the control or jurisdiction of any single entity or country. All governments should have an equal role and responsibility for international Internet governance and for ensuring the stability, security and continuity of the existing Internet and the future internet. The evolving usage of the Internet has led to significant international R&D efforts on the future internet, following both an evolutionary approach and a clean slate approach, and these should be welcomed as a natural growth process.
6- We must not limit the scope of how to enhance the existing Internet. Instead, we should be innovative and supportive of future internet initiatives and projects that will provide better stability and security. And most importantly, international public policy must be developed by governments, on an equal footing, rather than by a single entity or country.
Finally, the NetMundial outcome documents must be developed based on the agreed WSIS outcomes, such as the above paragraphs. In addition, they must consider all received contributions to Netmundial in a transparent and balanced manner.
Freedom of expression is a recognized fundamental principle but is subject to considerations of national security, public order, public health and public morals (Art. 19 of International Covenant on Civil and Political Rights -1966).
It should be noted that we must not limit our scope on how to enhance the existing Internet. Instead, we should be innovative and supportive of future internet initiatives and projects that will provide better stability and security. And most importantly, international public policy must be developed by governments, on an equal footing, rather than by a single entity or country.
In order to fulfill such important objectives, the WSIS outcomes should be implemented. From article 35 of the Tunis Agenda, governments have responsibility for international public policy. Security of the Internet, in addition to countering and prosecuting cybercrime and countering spam, is dependent on the development and enforcement of international public policies and national and transnational laws. The mechanism for enabling governments to carry out their role needs to be established and operationalized.
Internet governance principles should not address technical characteristics of the architecture of the Internet. “Open system architecture” and “end-to-end nature” reflect the current topology which may not be optimum in future. Also, it should be noted that we must not limit our scope on how to enhance the existing Internet. Instead, we should be innovative and supportive of future internet initiatives and projects that will provide better stability and security. And most importantly, international public policy must be developed by governments, on an equal footing, rather than by a single entity or country.
Include intergovernmental and international organizations and eliminate the technical community, academia as they are included in stated stakeholders as per paragraph 36 of Tunis Agenda. In addition, eliminate the users as they will be represented by these stakeholder groups. All stakeholder groups should be fully enabled to perform their roles as per the Tunis Agenda.
“Full and balanced participation of all stakeholder, in their respective roles, from around the globe.” Delete the reference to consensus. Each body should establish its own procedures regarding how to establish agreement.
“…through multistakeholder processes as appropriate, each stakeholder in its respective roles.”
In our view, para 19 should read as follows:
“Internet governance frameworks and processes should be inclusive and enable all stakeholders to carry out their respective roles and responsibilities in a way that does not disadvantage any stakeholder group.”
Bottom-up is only one of many viable and effective mechanisms and should not be considered the only ac ceptable one. There is no need to reference it.
This is not a process principle. Therefore, it should not be included in this document.
Para 21 is not a process principle. Therefore, it should not be included in this document.
Para 22 should read as follows:
“Anyone affected by an Internet governance process should be able to participate in that process via the appropriate stakeholder group to which he belongs. Particularly, the Internet governance framework and processes should support capacity building for newcomers, especially stakeholders from developing countries and underrepresented groups”
It is not clear what is meant by “open consensus” though we agree that standards should represent a general consensus (large plurality) of the opinion of technical experts.
Edit to the Para
“…that allow for interoperable, resilient, stable, decentralized, secure, and interconnected network/s, available to all …”
It should be noted that we must not limit our scope on how to enhance the existing Internet. Instead, we should be innovative and supportive of future internet initiatives and projects that will provide better stability and security. And most importantly, international public policy must be developed by governments, on an equal footing, rather than by a single entity or country.
This may be better as a separate main heading rather than as part of internet governance principles.
“Considerations” rather than “Roadmap”. It is not all-inclusive and is not specific.
Change “proposed roadmap” to “proposal”. Also, “…continuously improving the Internet governance framework ensuring the full involvement of all stakeholders, in their respective roles, and of addressing the many cross-cutting international public policy issues that require attention and are not addressed by the current mechanisms.”
“…ecosystem involving various stakeholders. It must be inclusive…of all stakeholders, in their respective roles, in order to address…”
Delete this paragraph as it is untrue and replace it with the following. “The multistakeholder approach in the Tunis Agenda has not been implemented in many areas. In particular, there is currently no mechanism for governments, on an equal footing, to carry out their roles and responsibilities regarding policy authority for international public policy issues pertaining to the Internet.”
This is a duplication from the principles and could be deleted.
“It is important that decision-making and international public policy formulation be established, such as via a new international enhanced cooperation body created to address all public policy issues, in such a way as to ensure the full participation of all interested stakeholders in their respective roles.”
“Enhanced cooperation, to enable governments to carry out their role in addressing international public policy issues pertaining to the Internet, must be established and operationalized on a priority basis”
“…all interested stakeholder groups, in their respective roles, in Internet…”
One of the most important improvements that should be established and operationalized is the new international enhanced cooperation body. It is important that decision-making and international public policy formulation be established via that body in such a way as to enable governments, on an equal footing, to carry out their roles and responsibilities regarding policy authority for international public policy issues pertaining to the Internet.
“There is a need for mechanisms to consider topics and issues that are not currently being adequately addressed by existing Internet governance arrangements.”
One of the most important improvements that should be established and operationalized is the new international enhanced cooperation body. It is important that decision-making and international public policy formulation be established via that body in such a way as to enable governments, on an equal footing, to carry out their roles and responsibilities regarding policy authority for international public policy issues pertaining to the Internet. The Internet Governance Forum (IGF) will complement that enhanced cooperation body as one means of providing inputs from all other stakeholder groups
Para 20 is not appropriate for this document.
Para 21 is not appropriate for this document.
Para 22 is not appropriate for this document.
The enhanced cooperation body will facilitate such communication and coordination. Therefore this statement is not appropriate for this document and should be deleted
This statement is not appropriate for this document as it is not relevant to the core discussion. Therefore, it should be deleted.
Para 26 is not appropriate for this document as it is not relevant to the core discussion. Therefore, it should be deleted.
Para 27 is not appropriate for this document as it is not relevant to the core discussion. Therefore, it should be deleted.
ICANN is subject to the laws of one government whereas it must be subject to international law, such as by placing it under the umbrella of the United Nations. It is also not acceptable to make the role of governments as simply advisory when, as per paragraph 68 of the Tunis Agenda, all governments should have an equal role and responsibility for international Internet governance.
All of the thoughts below are addressed earlier. This whole section could be deleted.
“…to promote cybersecurity, prevent and prosecute cybercrime, and combat spam. Discussions on these issues should include all stakeholders, in their respective roles, with particular expertise and responsibility for these issues.”
This is repetitive of the general statement in paragraph a.
This contradicts the WSIS outcomes which clearly stated that policy authority for Internet-related public policy issues is the sovereign right of States. They have rights and responsibilities for international Internet-related public policy issues.
Delete this paragraph. It duplicates the item under Human Rights.
“…the emergence of a true multistakeholder approach, especially…
Many other points were raised in the contributions. For purposes of transparency, it should be explained why only these three were selected.
Roles, responsibilities and equal footing are clearly defined in the Tunis Agenda, a UN document, and also in the WGIG report
Since this document does not represent the views of all participants and contributors, it should not be fed into any other meeting. As long as it does not merit the support of all participants, it represents the individual opinion of certain contributors.
WSIS+10, in particular, does not address the development of principles and this document is not an appropriate input to the WSIS process.
The topics in this document have been discussed for the last ten years. There is little original material. What is missing is to fully implement the Tunis Agenda.
The stated Internet governance Process Principles do not go far enough and a new paragraph about the Internet governance duty to “Outreach, Awareness and Capacity Building to all Internet users”, based on the following rationale,should be added:
The rapid evolution of the Internet, explosive growth in the Internet of Things, and the multitude of ways that people are becoming connected inside the Internet ecosystem are turning every person into an Internet stakeholder, with personal, professional and community concern about how the Internet is run, and is used. Internet governance today resembles to a country where 0.1% are in charge of 99.9% of the population. 99.9% of Information Technologies users are uninformed consumers. In the case of Internet governance, the vast majority of IT users are completely ignorant even of its existence. This is not just a problem for the 99.9% that are dis-empowered and voiceless. It is an even bigger problem for the 0.1% concerned with Internet governance as their legitimacy and effectiveness is in direct proportion to the ability to create general awareness and engagement of IT users. Without Outreach, Awareness and Capacity Building to all Internet users, no legitimate Internet Governance can exist. Internet governance has to learn to go to the people and not wait for the people to come to it!
The Domain Name Association questions the meaning and usefulness of the term, “arbitrary interference.” Many types of “organized” interference could also be inappropriate. Without clarification, the DNA (along with others on this list) recommends deletion.
The Domain Name Association believes that the document should explicitly recognize that Internationalised Domain Names or IDNs (both from ccTLDs and gTLDs), and new gTLDs are coming online and will play an important role in supporting this principle. The DNA recommends adding “including the promotion of Internationalized Domain Names (IDNs) and new gTLDs” to the end of the sentence.
The Domain Name Association recommends deleting “data packets” and reword the statement to “free flow of information.” “Data packets” as a term seems to be a very specific suggestion in what is a very general statement. “Data Packets” would be included in the term “Information.”
These principles point to the core mission of many of the organizations responsible for oversight of the Internet. Governments and the private sector should incentivize development of protocols and standards by appropriate standards and technical bodies to meet the needs of those expecting a secure, stable, resilient Internet.
“Equal treatment of data” as a goal is vague and to the extent the Domain Name Association understands it, unrealistic. For example, in the case of DDOS attacks, DNS providers need flexibility to be able to differentiate between certain types of harmful data and safe data.
The Domain Name Association recommends that this document should explicitly recognize that: significant change is expected in technology and tools; the Internet in a few years time will differ markedly from what it is now; its users have demonstrated remarkable resiliency in adapting to and fostering change; and finally that the Internet, left to the private sector with appropriate governmental incentives, has demonstrated the ability to accommodate rapid change and growth.
The word “full” creates confusion and the Domain Name Association recommends deleting it. There are many examples where participation from governments is encouraged and facilitated by funding and other resources (e.g., ICANN, the GAC), but ultimately, in any public-participation model, it is up to each and every government and other party to determine their own level of participation.
The Domain Name Association recommends that “redress” is a critical component of accountability and should be incorporated into this concept. The DNA also recommends that “checks and balances” should include cost / benefit analyses. What benefits are expected to result from initiatives funded by Internet participants; were the benefits realized; at what cost?
The Domain Name Association recommends that this paragraph explicitly include the thought that decisions must be made in a transparent manner (notwithstanding the wording “open consensus”). For future fora, the DNA recommends that “consensus” should be defined; for now we should understand that consensus and voting are not synonymous.
The Domain Name Association recommends that the last sentence be amended to state, “Participation should reflect geographic diversity and include stakeholders from across the globe, including stakeholders from developing and least developed countries”
It is clear from comments here and in discussions in other fora, that there is widespread uncertainty about what the term “enhanced cooperation” means. The Domain Name Association supports the edit proposed by SIIA, “All stakeholders should commit to full cooperation with each other, in a multistakeholder fashion, to address international public policy issues pertaining to the Internet.”
Although the Domain Name Association is a new organization, the individual members of the DNA have been strong supporters of and participants in the IGF since its inception. The DNA wholeheartedly endorses the general level of support expressed by this section and by commentators. We are particularly supportive of the suggest edit from the United Kingdom government to delete the phrase “recommendations.”
The Domain Name Association represents the interests of Domain Name Industry participants, including TLD operators and registry service providers. Domain Name Industry members constitute the largest IANA customer base as defined both in number and by number of transactions. The DNA recommends three parallel process paths, one for each IANA customer set: TLDs, the IETF and RIRs. The DNA strongly believes that the direct customers of the IANA functions (provided by ICANN, the USG and Verisign), should have direct participation in the transition consultation and not one filtered through another organization that represents other interests that are not direct customers of IANA.
The DNA also recommends that no new mechanisms and processes be considered without first developing a Requirements Document that sets out objectives for customer service levels and that guarantees the long-term viability of the service. Direct IANA customers should approve the requirements documents. In addition, proposed new mechanisms must be thoroughly and independently tested prior to implementation.
To ensure a robust process and result, the DNA recommends that the NETmundial objective should not be based on deadline but rather on result: process, consultation and evaluation. The DNA recommends that the focus on deadline should be deleted.
Without further exploration of what is meant by a code of conduct, the Domain Name Association recommends striking entire paragraph. Such a section can and often does become a catchall for personal lists of issues, many of which already have existing fora for discussion and resolution.
The Domain Name Association agrees that the outcomes of NETmundial should not be binding.
I’m concerned about using the phrase “full participation of governments…” instead of saying that participation must be balanced and equitable with no predominance by any other stakeholder.
I would add not only that it does not disadvantage but also does not privilege any category of stakeholder
I would include a call for governments to conduct public policy affecting the internet in a transparent and inclusive and not only those issues perceived as Internet Governance related. For example, trade agreements more often are including measures that can directly impact internet governance, stability and resiliency and there is no easy way to participate or comment on such negotiations.
Where did net neutrality go?
Thanks Marlon!
I agree with Greg. I support his proposal.
I would propose an alternative wording on the second sentences as follows:
For the preservation of its dynamism, Internet governance must foster innovation through enabling reciprocal respect to users and intellectual property rights holders on the Internet environment.
@Tracy thanks. I also think that regardless of what the wording lets us assume, we shouldn’t leave any open space for assumption or speculation. If this paragraph adds something that clearly establishes the notion of equal footing and non discrimination nor privileging any of the stakeholders, then I would support it.
Eso exactamente!
Wasn’t the original spirit of NetMundial not to be binding nor resolutive?
To develop a TRULY healthy business environment on the internet, creative and innovative people need to respect one another’s creative output. The concept of “permissionless innovation” means the innovator in that phrase gets to use the fruits of an artist’s labor for free. It’s stealing and takes livelihoods away from creators of music, film and art, and all of the myriad employees whose income depends on a healthy creative business environment. It may be good for the oligarchs of the tech world, but it severely damages the economy and makes for a decidedly undemocratic internet.
Will this “permissionless innovation” apply to big “creators” like DisneyCorp and Microsoft, or only to little guys like online musicians, authors and so on?
The general principles of Internet governance should be pragmatic. Its establishment should never stay merely on consensus with matching Internet governance system as well as structure needed so as to achieve these principles. Therefore, with respect to the comments on Internet governance principles, we need to have practice guided by theory and let practice test theory in return.
In addition to emphasizing the importance of information privacy in value orientation and ensuring the privacy of all users, as there’s no forceful protection for the principle, as should encourage technological innovation and protect user privacy through technological method on one hand, promote international legal protection on the other and ask international organizations to develop certain measures focusing on privacy violation.
Bringing special emphasis on Human Rights-Development in Internet governance principles is necessary and beneficial. The development of Internet is an important component of the sustainable development of mankind. Its core is the mutual and indiscriminate development which includes not only the horizontally equal development, such as the increasing women, youth, the elderly, the disable’s access to the Internet and ICT capacity building, but also the vertically equal development like the North-South differences and digital divide caused by historical reasons, and the conflict between developed and developing countries in technology and discourse power, especially to properly deal with the underrepresented status of participation of developing countries.
We recommend a combination of “language and cultural diversity” with ” Internet governance outcomes” and ” job-creation”. Given the global nature of the Internet, it is beneficial for relevant Internet governance institutions to present their achievement in a multi-linguistic way, such as conference and document translation, etc. For one thing, it will expand the outcome of the meeting to ensure the off-line participation and followership. For another, it will create employment opportunities to boost the development of industry.
Essence of Internet governance and global public policy is highly consistent. The core of global public policy is to achieve the public interest, and to achieve global public interest first requires broad-based global consensus, which is why “the deployment of Internet governance must ensure the meaningful and balanced participation”. Specific term of the policy process, from setting, assessment, policy-making, implementation, feedback to evaluation, is a fully guaranteed and balanced participation process. And this substantive participation must rely on specific, sufficient and balanced organizational structure. The existing Internet administration organization only goes so far, resulted from many problems, especially its lack of representation and representation only limited to articles and rules. Thus, how to rectify the current “closed club phenomenon” in Internet governance policies and process becomes the core mission in rebuilding the structure of Internet governance future evolution.
On “Stakeholder representatives appointed to multistakeholder Internet governance processes should be selected through open and transparent processes”, I recommend that the regional difference and development difference shall be taken into consideration to ensure the equal footing of all stakeholder.
We welcome the contributions that are mentioned in this part, for instance, “meaningful participation” and “geographic balance “. A very important issue lies in the current Internet governance is the fact that the meaningful participation seems against the consensus principle. Geographic balance sets at least a specific and feasible standard to ensure that the geographic involvement is extensive. We call for further discussion on how to “ensure geographic balance” programs and policies.
I’m checking to see what measures are taken to authenticate attribution prior to publication.
On the subject of Data Protection, the UK have a Data Protection law which applies to all UK residents, however, because this does not apply internationally personal data that is published on any International website is not protected and open to abuse. I would like to see an international policy based on the UK’s Data Protection Act.
For Privacy, I would like to see more done with socia Media, in terms of online bullying. I would also like to see a separate privacy law for protection of Children, they have rights too! In particular Pornography, abuse and Bullying.
I agree. Copyright must be observed. Intellectual property is property which took effort and skill. If these aren’t valued, intellectual property will not flow onto the Internet.
While this is a desirable objective, there is a risk that this paragraph will be used as an excuse to undermine the universality of certain fundamental rights.
Governments should not be encouraged to restrict freedom of expression because “our culture does not permit criticism of the national leader (e.g. King, President” or “it is against our culture to slander our religion”.
The right to cultural diversity should be understood as a right for people, to be protected against any attempts by governments or other powerful interests to exclude certain cultures. It should not be a right for governments and the powerful, to disapply the rights of the people in the name of culture.
We should consider rewriting this paragraph to make clear that this is intended as protective of individual rights, not government rights.
For rights to be enjoyed online, it is essential that there is broad protection from liability for Internet intermediaries. Without such protection, those who wish to infringe these rights can place legal pressure on Internet intermediaries to act in ways that prevent individuals from making use of these rights.
This paragraph should be extended to call for broad protection from liability for Internet intermediaries as an essential means to ensure these rights are available in practice.
This paragraph assumes that “stakeholder representatives” are appointed, and that there are formal “stakeholder groups” as organisational entities that have processes and mechanisms.
This is true within certain Internet Governance-related bodies (e.g. ICANN), but not really so within others (e.g. IGF, ISOC, IETF).
This paragraph should not prompt bodies that use an open, inclusive and participatory model to move towards a closed, representative model.
I therefore suggest the first sentence is rephrased in the conditional form, as follows:
“When stakeholder representatives are appointed to multistakeholder Internet governance processes, they should be selected through open and transparent processes.”
It is difficult to see how a single “Code of conduct” for the entire ecosystem would be desirable or achievable. There does not seem to be an analogue that covers such breadth of scope and universality of application in any other “offline” field.
” equal technical treatment of all protocols and data”. Is this net neutralitu?
neutrality?
Scope of Rights
There shall be no interference by stakeholders at any layer of the Internet with the exercise of people’s rights and freedoms or the principles defined in this Charter except as is in accordance with the law and is necessary to genuinely meet objectives of general interest recognized in international human rights covenants.
Accountability
Mechanisms for checks and balances as well as for review should exist which enable stakeholders at every layer of the Internet to be held accountable for the violation of people’s rights and freedoms or the principles defined in this Charter.
I agree wholeheartedly with Dan. I believe this paragraph needs urgent clarification as there is a risk that the right to share “information” will be confused with the right to share “intellectual property”. Authors, for example, may choose to publish their works electronically. This does not give everyone the “right” to access those electronic works for free, or to share electronic files they have acquired–either legitimately or otherwise–with others. As Dan so succinctly summarized: “Books, films, and songs are not so much ‘information’ as they are products.” Authors, musicians, filmmakers etc. have the right to be fairly compensated for the products they produce, regardless of their chosen channel of distribution.
Respect and honor and enforce copyright laws for creative work. That should be the underlying factor in all forms of future communication structures, internet or otherwise. Keep it simple and safe for everyone to use his/her creativity.
ITI proposes a slight modification to emphasize the voluntary nature of technical standards and to accurately reflect the process in many standards development organizations.
New proposed text:
Internet governance should promote open, voluntary standards, informed by individual and collective expertise and practical experience and decisions representing broad consensus, that allow for a unique, interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards must be consistent with human rights and allow development and innovation.
(add the word voluntary and replace “decisions made by open consensus” with “decisions representing broad consensus”)
ITI proposes to replace “equal” with “fair” because “equal” technical treatment of all protocols may not be technically possible.
New proposed text:
The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation, recognizing technical management principles for efficient and improved network operation and preserving the end-to-end nature of the network, fair technical treatment of all protocols and data, delivered by the underlying communications and seeking to resolve technical issues at a level closest to their origin.
ITI-The Information Technology Industry Council (ITI)
ITI suggests a slight modification to avoid an absolute mandate to “promote” linguistic diversity in all its forms. This may not be possible and could lead to restrictions on content.
Proposed new text: Internet governance must respect and should promote cultural and linguistic diversity in all its forms.
ITI-The Information Technology Industry Council
ITI strongly supports for the rights of persons with disabilities to enjoy full access to online resources.
ITI-The Information Technology Industry Council
ITI strongly supports the inclusion of language on the importance of a secure, resilient, interoperable, unitary and open network.
ITI-The Information Technology Industry Council
ITI suggests replacing “roles and responsibilities” with ” competencies and expertise.” This reflects the need for participation to be appropriate to the forum based on needed skills and capacities.
New proposed text:
Multistakeholder: with the full participation of governments, the private sector, civil society, the technical community, academia and the users in their respective competencies and expertise.
ITI-The Information Technology Industry Council
ITI strongly supports preserving the rights of people to freely express and share their views via the Internet.
ITI-The Information Technology Industry Council
ITI proposes changing “roles and responsibilities” to competencies and expertise.” This reflects the need for participation to be appropriate to the forum based on needed skills and capacities.
New proposed text:
Different competencies and expertise of stakeholders in the Internet governance ecosystem, including the meaning and application of equal footing.
ITI-The Information Technology Industry Council
ITI proposes striking the first line of the paragraph. The focus should be on improving transparency and collaboration between organizations instead of promoting the idea that decisions currently being made are not multistakeholder.
ITI-Information Technology Industry Council
ITI supports increased collaboration and coordination between organizations to improve cross-community dialogue to address pressing issues, instead of the creation of new organizations or fora.
New proposed text:
Consideration should be given to the possible need for increased coordination and collaboration between existing organizations to adequately address emerging topics and issues currently being addressed by existing Internet governance arrangements.
ITI-Information Technology Industry Council
ITI does not believe that effective Internet governance requires the creation of new or additional agreements or treaties, including in the area of cybersecurity. Rather, greater international coordination is a better solution and can be accomplished using existing mechanisms and organizations.
ITI-Information Technology Industry Council
Agreed, Jeremy.
Freedom of association is already the point 2.4 (see above)
add ‘univeral’
Replace by:
Acknowledgement, respect and promotion of universal human rights ought underpin Internet governance principles and rules. Internet governance bodies acts in in accordance with international human rights obligations, including the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights.
rule of law should mentione somewhere
mentioned
Maybe yuo need a definition of Internet Governance
I do not like the ‘multistakeholder’ lingo, which i think does not help to state issues clearly. Mostly because it does not help to sort out what needs to be considered under the pubblic powers (national and international), from what should ruled by the(private) Internet community at large.
To write ” full participation” of governments and users, as they were at the same levels, is really confusing.
Even to speak of “goverments”, instead of pubblic powers, or States, or even Nations seems to me ill grounded.
I would move this item (15) somewhere else, or drop it.
I think it could be interesting to check whether a notion of autonomy would be viable w.r.t. Internet governance issue.
Somewhere it should mentioned that it is worth to explore whether there is a positive case for an international treaty on Internet Governance. I would define ‘truly international’ too, for example writing down a couple of minimal requirements an entity needs to satisfy as to be considered ‘truly international’. Maybe you could insert a new item on that.
Jurisdiction issues. A question: if I think to have a case as to sue ICANN or an ICANN official, where do I sue, if possible at all? if I think to have a case as to sue ITU or an ITU official, where do I sue, if possible at all? (I do not really know, although I suspect the answers are different, pointers to reference are welcome.)
The idea of “permissionless” innovation will destroy the very thing it claims to support. When the work of creators can be used or misused by anyone who sees it, it discourages creation and the use of the internet. As a professional photographer, I have seen serious problems created for clients, models and others involved in a photo when images have been stolen from the internet and used in improper contexts.
Permissionless innovation also sets aside the right guaranteed to creators called copyright. When our work can be used by others without payment or even so much as asking our permission first, it strips us of the funds we need to create more work.
To the degree that creativity is not rewarded, it will vanish from our society. The right of creators to profit from and control the uses of their work is the most fundamental of all rights and must not be eroded.
One of the most important rights in the Universal Declaration of Human Rights has been omitted. That is Article 27(2), guaranteeing authors and creators the right to benefit from their moral and material rights of authorship.
This MUST be included. I have never understood why with the advent of the internet came an utter disregard for copyright and intellectual property rights. These rights did not change simply because the distribution method became electronic rather than on physical mediums.
We see many campaigns seeking to further eradicate the fundamental right of a creator to profit from, and control the use of his work under the banner of fostering creativity. This is not true. Those promoting an internet where copyright is utterly disregarded simply want to profit from the work of others without compensating them fairly for it. This is a criminal mindset and it needs to be discouraged.
It is vital that NETmundial work in every capacity to encourage the development of an internet that respects and protects the rights of creators, rather than working to eradicate them.
Is it possible to insert, after this introduction, a part named “Terms and Definitions”? There, we could define the terms used throughout this document, in order to clarify them and standardize all references. An example, the precise meaning of “stakeholders”.
I agree with you, but I am not sure if a stronger statement, like “a reference for use…” would be a solution. Is the NetMundial the “topmost” of all fora dedicated to Internet Governance?
A simple solution would be use “constitute a contribution”.
I disagree with Leon Sanchez. The expression “full participation of” refers to all stakeholders listed, i.e. “governments, the private sector, …”.
If there are any doubts, I suggest to write “with full participation of all stakeholders, including governments, …”
I propose “Rights of people, regardless of media and technology, must be protected, in accordance…”
The problem is that for now it’s not clear which tecnologies would replace the Internet as a knowledge sharing medium. Such technolgies would bring different problems IMHO.
Here, I also propose a simple redaction: “The rights of people must be protected, regardless of media or technologies, including the right to privacy…”
I think we need a precise definition of “common set of unique identifiers”. Internet unity is assured by “standards” which work regardless of country, equipment maker, eg TCP/IP.
I suggest “a key objective and a firm commitment of all stakeholders.”
I suggest “in a way that assures equal treatment for all categories of stakeholders.”
§12, Leon Sanchez!
I think the use of “arbitrary” was a way to reconcile the different political interests of national states, which have different views (to be a bit euphemistic) about “free speech” on the Internet. They have their soi-disant legal and cultural reasons to interfere in the information exchange.
Correct.
Cybercrime is an easier issue to deal with since there are not polítical interests involved (e.g. historical conflicts like that happening between the former Soviet Union states). Cyberdefense has to do with the use of Internet resources as weapons.
Either way, I agree with Mr. Uzal.
-Marlon.
This paragraph lacks many aspects of non-discrimination and ignores the growning digital gap, especially in the north-south context. Access is not only limited by disabilities but more often so by economic background and lack of regional integration. This paragraph should rather elaborate on the universality of universal access than singleing out a group from a non-discrimination clause.
This arguement does not make sense. If it is on the internet it is information, if you want to claim it as an individual product print it and sell the copy. This paragraph puts in no way barriers to monetizing products but rather opens the pathways to distribute said information. You cannot really have it both ways close the internet for certain contents and leave open for “public information”, that just opens the whole discussion on what is public.
We should not forget UDHR Article 27 (1) “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.”, which would be quite important to balance all the copy and pasted calls to include paragraph 2. Free participation in cultural life, access to cultural goods, arts, scientific advancement are fundamental to even allow monetisation of said goods. A strong focus on IPR undermines the rights of the many for the rights of the few.
There must be *commitment of all stakeholders to respect and promote cultural diversity* as this is at the crux of inclusiveness in internet governance
Suggest that “among different stakeholders” be replaced by “among all stakeholders” – the security and stability of the Internet is our collective responsibility.
The word “arbitrary” should be removed and the sentence should end with “and regardless of frontiers” (as per the UDHR).
Suggested rephrasing (based in part on the UN Resolution on The Right to Privacy in the Digital Age): The same rights that people have off-line must also be protected online, including the right to privacy. Unlawful or arbitrary surveillance and/or interception of communications, as well as unlawful or arbitrary collection of personal data, violate the rights to privacy and freedom of expression and everyone has the right to the protection of the law against such interference.
The term “in their respective roles and responsibilities” should be removed as it no longer adequately reflects the evolving roles and responsibilities stakeholders have in Internet governance processes and policy-making. APC’s articulation above is far better.
Agree that internet-related public policies can occur at the national, regional and international levels and that they should involve all stakeholders in open and participative governance. The word “international” should be removed.
Excellent suggestion.
Agree and “in their respective roles and responsibilities” should be removed from the NETmundial documents.
The first sentence should be rephrased: “Internet governance decisions should be taken with the meaningful participation of all stakeholders” to frame it more clearly. The rest should remain as is.
“Enhanced cooperation” in the context of Internet governance continues to defy an agreed definition. Given that it is being discussed at great length in other fora it is unclear what a statement like this contributes. It is probably wise to delete the paragraph (particularly as it is also far from clear what “priority and consensual basis” means).
Support this addition.
Agree with this proposal
The words “speeds up” are unclear and should be removed. Processes related to the IANA transition and the “globalisation” of ICANN should be undertaken in a measured and predictable manner.
Suggest replacing the word “agreements” with the word “cooperation” and agree with the comment above by Jeremy Malcom.
Agree with this formulation.
I support this comment – particularly, the need to add data protection to privacy and the notion of informational self-determination (though I’m not sure it makes clear sense to everyone what that notion entails.) I’d suggest to replace “treatment” by “processing”. Lastly, some clarification may be needed on the specific notion of “metadata” that is being used in this context. That clarification may be provided by mapping this notion in relation to other relative (and perhaps more common) notions such as “personally identifiable information” (PII) and “data trail” etc.
In some places, the law provides for the conditions under which even direct parties (service providers) may collect personal data. So the collection still needs to be lawful; if it is not then it shouldn’t been done regardless of whether it is by a direct party (for a service the user consents to) or a third party.
Good point about “right to access.” However, I’m afraid the notion of sharing on the Internet goes beyond that of imparting. How about the following wording:
“Everyone has the right to create and distribute information on the Internet as well as to seek, receive and share (through the Internet) publicly available information or any information subject to applicable freedom of information legislation.” Or maybe another variant:
“On the Internet, everyone has the right to create and distribute information as well as to seek, receive and share publicly available information or any information subject to applicable freedom of information legislation.”
Good point! I suggest (above) to insert “publicly available information or any information subject to applicable freedom of information legislation.”
I support this while suggesting to replace the last occurrence of ‘development’ in the text by ‘all aspects of said process’, which would read as follows: “…their active, free and meaningful participation in all aspects of said process and in the fair distribution of benefits resulting therefrom.”
I support the insertion of “wherever possible.”
I also support adding the above phrase.
I support “with full participation of all stakeholders, including…”
Another variant may add “balanced” as to have “with full and balanced participation of all stakeholders, including…”
Further to my comment above, I would suggest the whole sentence to be re-worded as follows: “with the full and balanced participation of all stakeholders, including governments, the private sector, civil society, the technical community, academia and the users, as they see necessary.”
Well… I take this back. I think those policy processes may be initiated from the “bottom” as well as from the “top” so long as all stakeholders are equally included in the process. So we should be very clear about using the “bottom-up” notion so as not to suggest that some stakeholders (at the “bottom”) have exclusive privilege, which goes against the whole notion of co-equals.
I think the last phrase here would read better if written as follows: “…and be made by consensus” (inserting “be”). And also add “wherever possible” as suggested below. (Sorry for the back and forth.)
add a line at the end of the paragraph:
WHEREVER THE PROTECTION IS HIGHER IN THE LAW OF THE COUNTRY OF THE USER, THIS LATTER APPLIES.
propose to add at the end of the paragraph:
DIGITAL LITERACY AND ANY OTHER ACTION USEFUL TO REDUCE OR ELIMINATE DIGITAL DIVIDE NEED TO BE PROMOTED AND SUSTAINED.
propose to add at the end of the paragraph:
MEDIA AND MEDIA PROFESSIONALS, EVEN IN THE NEW INTERNET ENVIRONMENT, WILL HAVE SPECIAL DUTIES TO FILL AND DESERVE SPECIAL PROTECTION.
proposes to add at the end of the paragraph the following:
PROPER CONDITIONS FOR ARTISTIC AND CULTURAL CREATION AND INNOVATION HAVE ALSO TO BE RESPECTED AND PRESERVED IN THIS ENVIRONMENT.
proposes to add “MEDIA” as one of the multistakeholder categories, because it doesn’t fit in anyone of the other mentioned categories and cannot be reduced to any of them. MEDIA as the word says is transversal and with different duties and prerogatives.
suggests to add at the end of the paragraph the following: “THE FIRST GOAL TO BE PURSUED BY THE INTERNET GOVERNANCE IS THE LONG TERM PUBLIC INTEREST”
suggests to add at the end of the paragraph the following: “THESE POLICIES, AS WELL AS THOSE DEALING WITH FUTURE USE OF SPECTRUM, NEED TO TARGET ONLY PUBLIC LONG-TERM INTEREST”
suggests to add at the end of the paragraph:
“NET NEUTRALITY IS ONE OF THESE STANDARDS”
strongly support all this paragraph and the following.
find this paragraph unsatisfactory to deal with this very sensitive issue.
I completely agree with this. +1
I suggest to explicitly list down and define the stakeholders.
I feel the terms inclusive and multistakeholder are synonym. I suggest to remove the world inclusive.
You cannot allow this offensive language into this document. Artists own their intellectual property and this property right must be protected. The money makers cannot have free access to our minds, benefiting them and their cronies and not us artists.
How else do we live long term? Without artist, art and the ability of artists to monetize their creations or their authorized agents, the loss of the protection of our rights will erode our society.
Money people laugh at this notion because they do not understand nor do they want to understand us right-brained people. We create and serve the public good…emotionally and this is healthy for a healthy world. It cannot and must not always be about money…
Where the hell are the protections for creative people to benefit from their work and intellectual property?
Shame on the narrow minded folks whop drafted this travesty…
In the document as presented I see two notable and even astonishing absences.
1. The document refers to stakeholders/multistakeholderism in its discussions of the global Internet governance model in one form or another 46 times! While on the other hand, the document contains no, and let me repeat, NO references to democracy or democratic governance!
Clearly there is an intent to replace democratic governance with multistakeholder governance. But this issue is not addressed in a forthright manner anywhere in the document.
2. The document nowhere identifies an overall objective for the governance it is discussing. That is, for what purpose or to what end are the governance structures/models being directed?
To put it bluntly is the proposed governance of the Internet being undertaken in support of the “public interest” or in the interests of the individual “stakeholders” among whom of course certain private corporate and national interests/stakes are pre-eminent? Given what is identified in item #1 the answer to this second question would appear to be self-evident.
Who could possibly have imagined that this conference dealing with global (Internet) governance would look to erase the 1000 year evolution of democratic governance in support of the public interest, and replace this with governance by and for “stakeholders” acting in pursuit of their individual and private interests.
Contribution prenant en compte la diversité linguistique demandée (voir ma contribution au paragraphe « diversité culturelle et linguistique »)
Contribution taking into account the required linguistic diversity (see my contribution to “culture and linguistic diversity”)
On ne peut pas soutenir que ce document soit vraiment l’expression de « toutes les parties prenantes » au monde, ni que les auteurs de contributions soient réellement représentatifs des catégories dont elles se réclament (de la contribution individuelle à celle qui se réclame du « Gouvernement du Royaume Uni »)… A ce jour environ 400 messages ont été envoyés dont une partie seulement peut apparaitre comme de véritables contributions provenant d’un peu plus des 200 auteurs. Ce n’est donc qu’un tout début d’une réflexion qui puisse constituer un large consensus mondial, mais bien sûr c’est mieux que rien et il faut en féliciter les organisateurs et ceux qui ont pris le temps de s’exprimer…
One cannot maintain that this document is the true expression of « all stakeholders around the world », neither that the authors of contributions are really « representatives of all stakeholder groups » from the individual contribution to the one claiming to be from the “United Kingdom Government”…) ; up to now, more than 200 authors did post around 400 messages part of which can be considered as true contributions. This is a very tiny start towards a worldwide thinking that could constitute a « broad consensus ».
Of course that is better than nothing and we must congratulate its promoters as well as those who took the time to contribute…
Ce rapport indique clairement sous le titre : « Culture et diversité linguistique » : « la gouvernance de l’internet doit respecter et promouvoir la diversité linguistique et culturelle sous toutes ses formes ».
Une conséquence évidente de cette recommandation serait d’inciter les auteurs à écrire leur contribution dans leur langue maternelle et de la faire suivre d’une traduction en anglais (sinon, une traduction en anglais peut être obtenue sur le réseau).
Ainsi les lecteurs qui connaissant la langue maternelle de l’auteur pourraient-ils mieux saisir sa pensée dans toute ses subtilités.
This report states rightly under the title « Culture and linguistic diversity »:
« Internet governance must respect and promote cultural and linguistic diversity in all its forms ».
An apparently obvious consequence would be to incite authors to write their contributions to this debate in their native language. This would be followed by the translation to English (or the translation obtained from the net).
In this way, readers who understand the author’s native language could have access to the author’s precise thinking.
Contribution prenant en compte la diversité linguistique demandée (voir ma contribution au paragraphe « diversité culturelle et linguistique »)
Contribution taking into account the required linguistic diversity (see my contribution to “culture and linguistic diversity”)
Ce document sur l’avenir de la gouvernance de l’internet établit un certain nombre de principes directeurs que devrait respecter la gouvernance de l’internet. Toutefois il ne décrit pas les leviers, mécanismes et stratégies à mettre en œuvre pour y parvenir.
Cette question devrait à coup sûr être abordée…
This document on the future of the Internet Governance lays down a number of fundamental principles which internet governance should be based upon. However it fails to describe the levers, mechanisms and strategies which will enable to enforce these principles.
This question should clearly be addressed…
Contribution prenant en compte la diversité linguistique demandée (voir ma contribution au paragraphe « diversité culturelle et linguistique »)
Contribution taking into account the required linguistic diversity (see my contribution to “culture and linguistic diversity”)
L’objectif d’un accès universel et sans obstacle peut s’avérer contradictoire avec une évolution de l’internet qui permettrait de déterminer des zones ou anneaux du réseau qui procureraient un niveau élevé de sécurité, de fiabilité des données et/ou de protection contre des applications intrusives.
De plus en plus d’usagers sont dissuadés par la publicité intrusive, les risques de sécurité ou la difficulté de faire confiance aux résultats obtenus, en particulier du fait de la présence de beaucoup d’informations périmées. Ceci se traduit par la progression d’un nouveau type de fracture numérique.
Dans le document la référence à « la sécurité, la stabilité et la résilience » concernent le réseau de transport, alors que l’usager voit un réseau d’application et de bases de données.
L’introduction dans l’internet de différents anneaux correspondant aux niveaux de service demandés par l’usager doit être permise, voire encouragée.
Accessibility and low barriers are goals that can become somewhat contradictory with an evolution of the internet overall architecture which would allow rings with upgraded security, data reliability, and/or protection against intrusive applications.
More and more users are discouraged due to intrusive publicity, security risks and/or unreliable data (due to more and more expired information). This results in an increase of a new kind of digital divide.
In the document the reference to “security, stability and resilience” refers to the communication part of the network, but the user sees a network of applications and data bases.
The introduction in the internet of different rings corresponding to user required levels of service should clearly be allowed.
Contribution prenant en compte la diversité linguistique demandée (voir ma contribution au paragraphe « diversité culturelle et linguistique »)
Contribution taking into account the required linguistic diversity (see my contribution to “culture and linguistic diversity”)
Un sujet important à prendre en compte concernant l’évolution de l’internet est l’évaluation des risques liés à son développement et à ses évolutions et l’étude des moyens à mettre en œuvre pour y faire face. La reconnaissance de l’internet comme un écosystème mondial est tout à fait pertinente, mais il faudrait en tirer les conséquences : l’internet est devenu l’un des fondements de beaucoup des évolutions récentes de notre société. Pourtant beaucoup de spécialistes reconnaissent son architecture comme « fragile » et donc susceptible de dysfonctionnements majeurs. Un « tsunami internet » est possible. Certains se souviennent qu’en février 1998 un test effectué par Jon Postel, directeur de l’IANA en a démontré la possibilité.
Par ailleurs il n’y a guère de contrôle de l’innocuité sociale des nouvelles applications qui y sont introduites selon l’imagination, les ambitions et les objectifs de chacun.
Depuis des années l’évolution de l’écosystème « terre » est surveillé depuis des années par le GIEC (Groupe d’experts intergouvernemental sur l’évolution du climat).
L’ « écosystème internet » combine les techniques de réseau, leurs usages et impacte désormais lourdement la vie humaine et l’organisation du monde.
Ne faudrait-il pas aussi créer un Groupe d’experts intergouvernemental sur l’évolution de l’internet (GIEI) avec pour l’internet des objectifs similaires à ceux du GIEC pour le climat ?
An important issue to be addressed in Internet evolution is the analysis and evaluation of risks linked to its development and evolutions and the study of means to face them.
Considering internet as a worldwide ecosystem is fully relevant, but one should take the consequences of this: internet became a foundation of many evolutions of our society. However many specialists consider its architecture as « fragile » and therefore potentially subject to major dysfunction. An “internet tsunami” is possible. In February 1998, a test performed by Jon Postel then director of the IANA proved the possibility of a network breakdown.
There is presently no control on the social harmlessness of new applications introduced according to anyone imagination ambitions and goals.
The earth ecosystem evolution is watched by IPCC (Intergovernmental Panel on Climate Change) since years.
The “internet ecosystem” combines network techniques, their uses and impacts strongly human life and the world organisation.
Is there not a need for an Intergovernmental Panel on Internet Change (IPIC) with similar objectives for internet than IPCC for the climate?
All creative and innovative people need to respect one another’s output & guaranteeing authors and creators the right to benefit from their moral and material rights of authorship would be a huge step in the right direction!
We must NOT continue to allow permissionless innovation through an enabling Internet environment, I don’t see how allowing pirates to steal my work – benefits my creations or my finances in any way!
There needs to be language to recognize intellectual property protection and the rule of law generally as key ingredients of sound Internet governance. I believe a strong vibrant internet is core to the future of independent artists but all creative and innovative people, such as photographers, need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
Nowhere in this section is there any reference to Article 27(2), guaranteeing authors and creators the right to benefit from their moral and material rights of authorship. Intellectual property rights such as art and photography need to be acknowledged as commercially valuable to the artists and should be protected online as they are offline.
An absolute mandate to “promote” linguistic diversity in all its forms may not be possible and could lead to restrictions on content (for instance in the case where translation is not possible). Therefore Intel proposes a slight modification.
9. Internet governance must respect and should promote cultural and linguistic diversity in all its forms.
“Equal” technical treatment of all protocols may not be technically possible, and so Intel proposes to replace “equal” with “fair”.
Intel proposes the following modification to emphasize the voluntary nature of the technical standards as well as more accurately reflect the process in many SDOs.
Internet governance should promote open, voluntary standards, informed by individual and collective expertise and practical experience and decisions representing broad consensus, that allow for a unique, interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards must be consistent with human rights and allow development and innovation.
We are unclear what “mechanisms” may be envisioned and so would seek clarification.
Recognizing the difficulty and restrictiveness of formal agreements, and the need for flexible, rapid responses to cyber threats, Intel proposes the following:
It is necessary to continue work pursuing international cooperation on topics such as jurisdiction and law enforcement assistance to promote cybersecurity and prevent cybercrime. Discussions on those issues should be held in a multistakeholder manner.
Delete the words “without arbitrary interference.” Everyone has the right to hold and express opinions, and to seek, receive and impart information on the Internet full stop.
Agree that “continue to be” needs to be taken out.
Like many in civil society, I completely reject the phrase “in their respective roles and responsibilities” because it refers to the Tunis Agenda which elevates governmental policy making above all other stakeholders. This statement does not have consensus support and in fact does not even reflect how policy is currently made in Internet governance institutions.
The biggest issue in the IANA transition debate is whether there should be structural separation between the IANA functions operator and ICANN’s policy making process. Originally there was a reference to separation in the doc that would allow us to debate it. Now it has been removed. Please put in these words:
“It is desirable to keep an adequate separation between the policy process and its operational aspects. The IANA transition must decide whether structural or functional sepration is the best way to do this.”
Agree with Ian Peter’s suggestion.
I support the basic concept of this paragraph, but the language is awkward. The idea of globalization “speeding up” is unclear to me and the idea of “international and global” is confusing, The phrasing also suggests that ICANN will control IANA. I would rephrase the beginning of the sentence in this way:
“The IANA transition should lead to truly globalized stewardship of the DNS root, and an independent ICANN with clear accountability mechanisms that serve the interests of both internal stakeholders and the global public.”
No one knows what “enhanced cooperation” means. How can it be implemented?
Netmundial has no binding authority. But why not ask people to actually take seriously the things they agree to?
Netmundial has no binding authority. But why not ask people to actually take seriously the things they agree to?
We are not sure how to understand “enhanced cooperation” in this context. Given its nebular meaning, various interpretations and contentious nature of this phrase it would be beneficial to scrape it. By referring to international public policy issues, the text may suggest that the enhanced cooperation should involve mainly governments, diminishing participation and role of other stakeholders. This may lead to a concept of Internet governance of two speeds: one “standard”, involving all stakeholders, and second one “enhanced” (improved) with leading role of governments. This is highly controversial. Thus we submit for consideration changing the text to highlight that international cooperation, if necessary, is open for equal participation of all stakeholders.
“International cooperation on public policy issues pertaining to the Internet must be implemented on a priority and consensual basis. It is crucial that all stakeholders commit to advancing this discussion in a multistakeholder fashion on both international and national levels.”
It is not clear enough what (specifically) topics and issues are not currently being adequately addressed by existing Internet governance arrangements. The document does not provide any examples of such issues and topics. In our opinion emerging and relevant topics are being addressed on numerous forums dealing with Internet governance. In fact these forums are so numerous that it is difficult, especially for less resourceful countries and organizations, to follow and to participate in all these discussions. Thus we agree that main organizations, dealing with Internet governance, should be more focused on most important topics and that the discussion itself should be more issue–based and outcome oriented. Thus we submit for consideration the following proposition:
- the text in this paragraph should be supplemented with a concrete examples of topics and issues which are currently not being adequately addressed by existing Internet governance arrangements;
- if there are no specific examples of such topics we submit for consideration deletion of this paragraph, as without examples this paragraph is difficult to understand.
The official purpose of NETmundial was twofold: to develop global Internet governance principles and the road map of the Internet governance ecosystem evolution. These two goals are enshrined in points I and II of the document. Thus it is unclear what is the purpose of the point III. More over the selection of topics and issues may be perceived as controversial, since two of them touches issues like security and Internet surveillance. One may ask why these points were chosen, since there are numerous other topics without a doubt worth considering, only to name few: net neutrality, privacy, infrastructure development, business online and many other. Thus we submit for consideration the following proposition:
- it would be valuable to make a brief introduction to this point explaining: what is the purpose of point III and on what grounds these three topics (Security and Stability, Internet surveillance and Capacity building) were included and others we not.
- since the composition of topics in point III may be controversial and the purpose of this point is unclear we also submit for consideration, as an alternative, deletion of point III.
Cyber security is indeed one of the topics requiring deeper involvement of all stakeholders. Nonetheless text in present form may suggest, that the involvement of net operators and software developers is, unlike involvement of other stakeholders, not sufficient. Such motion may not be fully justified. Network infrastructure and programs running on top of it are constantly under threat of attacks, security breaches or system failures. Most of the network operators and software developers are involved in cyber security on a daily basis. Thus we submit for consideration the following proposition:
- this paragraph should be supplemented with additional explanation why network operators and software developers involvement is at the moment not sufficient. Alternatively the text may be redrafted to clarify that: all stakeholders need to become more involved with cybersecurity.
It is unclear whether it is intentional, but the text in current form may suggest that there might be “mass surveillance, interception and collection” programs which are consistent with human rights and democratic values. It is very controversial thesis which cannot be accepted in democratic countries following the rule of law. By definition “mass surveillance” is not consistent with human rights and democratic values. It is obvious, that in democratic countries mechanisms allowing empowered state organs to intercept private communication, also on the Internet, must exist. But the rule of law and democratic values states, that such interception or surveillance must respect specific and strict rules:
- there must be specific legislation setting limits of powers of surveillance authorities and providing necessary protection for citizens’ rights;
- use of surveillance mechanisms must be under supervision of court;
- such mechanism may be used only in case of reasonable suspicion of committing a crime and only against specific (named) person or persons;
- mechanism used must be proportional and may be used only for specific time period (not indefinitely).
Thus “mass” surveillance may never be acknowledged as consistent with human rights and the rule of law, since “mass” means that it may be used against any individual, even if there is no suspicion of a crime. Moreover when it comes to “mass” surveillance there cannot be any real court supervision, the powers of surveillance authorities are out of control, and the surveillance mechanism may be used indefinitely. Thus we advise:
- deletion of the following text: “including mass surveillance, interception and collection”;
- supplementing the text with explanation, that any surveillance mechanism, to be perceived as consistent with the human rights, must respect above mentioned values and rules.
The official purpose of NETmundial was twofold: to develop global Internet governance principles and the road map of the Internet governance ecosystem evolution. These two goals are enshrined in points I and II of the document. Thus it is unclear what is the purpose of the point IV. One may ask why these points were chosen, since there are numerous other topics without a doubt worth considering, only to name few: net neutrality, privacy, infrastructure development, business online and many other. Thus we submit for consideration the following proposition:
- it would be valuable to make a brief introduction to this point explaining: what is the purpose of point IV;
- since the purpose of this point is unclear we also submit for consideration, as an alternative, deletion of point IV.
Internet belongs to the people of the world who use it. Governments and private industry are mere “Trustee” who must operate the internet and make policies that further the public interest. What constitutes the public interest must be determined in a democratic process and not in an ambiguously defined “Multi-stakeholder” way.
Internet should be made of software that people share and not that someone owns i.e. Free and Open Source Software, precisely because Internet belongs to the people of the world who use it. Unlike the proprietary offerings, FOSS products are completely open to study, inspect and modify. The fact that there are a large number of eyes scanning the code, makes the hunt for vulnerabilities possible and bug-fixing swifter and recent events evince this fact. Currently, no single widely accepted definition of Open Standards exists. In order to please some “stakeholders”, the requirement for FOSS has been replaced by “open” standards which is not freedom for the users.
Governmental or private entities, who are legal trustees of the users of the Internet fail in their legal obligations and duties when they conduct or facilitate mass surveillance of Internet users. There should be
legal redress mechanisms available for injured users and criminal sanctions against conduct of illegal surveillance in every states’ courts.
Problem is not “who” is the steward but “how” any steward performs the functions of stewardship, what rules govern this role? The United States Government and its contractors are uniquely capable of paying for and protecting the root infrastructure of DNS . But the terms on which they do so should require them to maintain that infrastructure on a transparent and trustworthy fashion. Only free software, subject to public inspection and automatic random reloading of components to prevent secret modification, intrusion or malware injection should be used . Our discussions should focus on rules that govern all entities involved and not whether one country is better than the other or multi-lateralism is better than multi-stakeholderism.
This document shows no trace of recognition of the importance of intellectual property protection for a healthy Internet ecosystem. As artists, we think a strong vibrant internet is core to the future of our independent work only if all creative and innovative people respect one another’s creative output. Unfortunately, the concept of permissionless innovation rejects this notion of respect.
I think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect
I think it is really important to refer to the net neutrality concept here. The free flow of data packets/information do not have the same meaning in my understanding.
We can not admit different prices depending on the service that it will be used on the network.
delete arbitrary; keep without interference, to reference the exact wording of the Universal Declaration of Human Rights and add “as guaranteed by the Universal Declaration of Human Rights”
Some people have argued that alternate roots will be developed in the near future and favor the term ‘interoperable’ instead of unfragmented
There’s a need for training for Civil Society in order to reduce dependence on the technical sector; if not, the debate is unequal and Civil Society’s concerns will always be placed at the bottom of the pile.
Working in silos is detrimental to an equal footing approach. All stakeholders should be able to have an intelligent conversation in matters traditionally reserved to another stakeholder group, in order for consensus to be reached.
‘speeds up’ is confusing. I support Milton’s wording.
I support rishab bailey comment +1
As a photographer and an artist, I am particularly concerned with digital rights theft and the use of my images without attribution.
In part. my livelihood, and the livelihood of millions of artists and creatives relies on settled law to guard and protect my property, which are my creations.
The internet brings new challenges to settled law, but the idea of copyright anarchy is the death knell of of creative freedom.
From the EMC and secretariat: the text now shown as deleted was consider by the EMC in their final drafting session, however the agreed changes were unfortunately missed in the final edit of the document. The correct text is now shown in bold. EMC 16/04/2014
From the EMC and secretariat: the text now shown as deleted was consider by the EMC in their final drafting session, however the agreed changes were unfortunately missed in the final edit of the document. The correct text is now shown in bold. EMC 16/04/2014
I support the terminology of “broad consensus” rather than “open consensus” (which is not used in current practice of standard setting) and “rough consensus” (which captures the reality of certain standard development organizations, such as the IETF, but may be difficult to implement in other kinds of settings where stakeholders have more polarized views).
Secondly, I would remove the phrase “and practical experience” as redundant, since “individual and collective expertise” would seem to include both theoretical and practical insights.
Third, I recommend addressing in the last sentence not only standards, but also the process by which standards are developed. In this respect, key factors are:
(1) the accessibility both of standards (i.e. their implementability) and of standard development processes (i.e. their openness)
(2) the transparency, again both of standards (to allow predictability and strategic withholding of the standard for anticompetitive purposes) and of standard development processes (to ensure accountability and prevent capture or misuse of the processes by dominant market players)
Fourth, I suggest including a reference to “fair and balanced participation” to stress the importance of “due process” as well as the need to prevent undue influence from dominant market players.
Finally, I support the suggestion made by others to include a reference to “access to knowledge” and I would put that instead of “development” (which is a concept that can be subsumed within the concept of innovation).
As a result, I recommend the following revised text:
“Internet governance should promote open standards, informed by individual and collective expertise and decisions made by broad consensus, that allow for a unique, interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards and standard-development processes must be accessible, transparent and consistent with human rights, ensuring fair and balanced participation while promoting access to knowledge and innovation.”
I (like the author of one of the comments above) recommend adding further items to the list (41 bis ff.) including network neutrality, universal access, ownership and financing of infrastructure, and protection of competition in the market. In addition, I suggest to include “intermediary liability” as an issue on which there is a substantial need for discussion -both at the national and international level. As stressed by UN Special Rapporteur Frank La Rue in his 2011 report, Internet intermediaries play a fundamental role in enabling Internet users to enjoy their right to freedom of expression and access to information, and should therefore:
(a) not be imposed liability for failing to filter, remove or block content generated by users which is deemed illegal without a prior court order.
(b) act with due diligence to avoid infringing the rights of individuals.
Suggest to remove: ‘Potentially’ and ‘also’
Suggest to add: ‘a concrete contribution and provide tangible’
So the text would read:
“The recommendations of NETmundial are intended to constitute a concrete contribution and provide tangible improvements for use in other Internet governance related fora, processes and entities.”
Suggest to exclude ‘peaceful’. It is not clear to me what constitutes non-peaceful protest online. This could potentially harm the right to protest.
Suggest to remove: continue
Suggest to remove: information
Suggest to add: or charging differentially by user, content, site, platform, application, type of attached equipment, and modes of communication.
Source: https://en.wikipedia.org/wiki/Net_neutrality
So the text would read:
Internet should be a globally coherent, interconnected, stable, unfragmented, scalable and accessible network-of-networks, based on a common set of unique identifiers and that allows the free flow of data packets without charging differentially by user, content, site, platform, application, type of attached equipment, and modes of communication..
Is this not clear to me whether this is about policies, standards or something else.
Is future oriented the opposite of backward compatible?
It is not clear to me whether this is about policies, standards or something else.
Is future oriented the opposite of backward compatible?
Suggest to add: provide financial means for physical participation of non-commercial stakeholders from developing countries and underrepresented groups and
So the text would read:
Anyone affected by an Internet governance process should be able to participate in that process. Particularly, Internet governance institutions and processes should provide financial means for physical participation of non-commercial stakeholders from developing countries and underrepresented groups and support capacity building for newcomers,especially stakeholders from developing countries and underrepresented groups.
+1
+1
#Suggest to add: ‘in line with human rights’
Security, stability and resilience of the Internet, in line with human rights, should be a key objective of all stakeholders in Internet governance.
Agree with APC
Suggestion to add: open
So that the text reads:
through open multistakeholder processes.
Agree with Deedee Halleck
Suggestion to include: review, complaint and
So the text would read:
Meaningful mechanisms for checks and balances and procedures for review, complaint and redress of grievances.
Suggestion to add: ‘should provide financial means for physical participation of non-commercial stakeholders from developing countries and underrepresented groups’
So the text would read:
Anyone affected by an Internet governance process should be able to participate in that process. Particularly, Internet governance institutions and processes should provide financial means for physical participation of non-commercial stakeholders from developing countries and underrepresented groups and support capacity building for newcomers,especially stakeholders from developing countries and underrepresented groups.
Suggestion to add: open and neutral
#Suggestion to remove: new
So the text would read:
Accessibility and low barriers: Internet governance should promote universal, equal opportunity, affordable, open and neutral high quality Internet access so it can be an effective tool for enabling human development and social inclusion. There should be no unreasonable barriers to entry for users.
Suggestion to add: ‘use and production of free and open source software’
Suggestion to remove: ‘unique’
So the text would read:
Internet governance should promote the use and production of free and open source software and open standards, informed by individual and collective expertise and practical experience and decisions made by open consensus, that allows for an interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards must be consistent with human rights and allow development and innovation.
+1 Jeremy
I agree.
Paragraph 6, 8, 10, 11, 12, 13, 14 should moved to the Principles section (with some changes).
Paragraph 7 and 9 can move down to institutional reform.
So we can delete the ‘Issues that deserve attention of all stakeholders in the internet governance future evolution’-section.
Suggestion to add at the end: ‘as well as those who are not yet online.’
Agree with Malcolm Hutty and suggest to add ‘Participatory’ and ‘well-documented’ so that the text reads:
“When stakeholder representatives are appointed to multistakeholder Internet governance processes, they should be selected through open, participatory and transparent processes. Different stakeholder groups should self-manage their processes based on inclusive, publicly known, well defined, well-documented and accountable mechanisms.”
Suggest to remove: ‘owing to the fact that a good portion of Internet governance issues should be tackled at this level’
Article19 strongly recommends the inclusion of a reference to the Necessary and Proportionate Principles.
Agree with Milton.
Minor text suggestions:
“It is desirable to keep an adequate separation between the policy process and its operational aspects as well as strong independent oversight. All stakeholders must be able to meaningfully contribute to the deliberative IANA transition process in which will be decided whether structural or functional separation is the best way to do this.”
+1. I agree with what rishab says.
“Permissionless innovation” is Orwellian double speak for copyright violation. It has nothing to do with innovation.
The lack of copyright in this section is a rather glaring omission. There is no right to violate the rights of others, and that includes violating creators copyrights by distributing their work without permission.
While we recognise that there are alternative roots, these operate more like intranets, rather than the Internet. This section refers to the system of identifiers on the Internet and this is in place. Hence we would prefer to maintain the wording “should continue,” which implies a clear starting point for future development.
Net neutrality is dealt with elsewhere in the document and should not be introduced here with the risk of obscuring a very important principle.
We believe that, while the Internet has a good track record in of security, stability and resilience, it is not possible to guarantee this and unrealistic to set this as a requirement. It would also be appropriate to identify security, stability and resilience as a responsibility for all stakeholders. We would suggest a slightly revised text:
“As a universal global resource, security, stability and resilience of the Internet should be a key objective and responsibility of all stakeholders in Internet governance. Effectiveness…”
The open nature of the Internet (and in particular the absence of gatekeepers and the end-to-end principle) have been important in enabling innovation, development and economic growth. We would not want to see this idea lost and suggest a minor edit to make this issue clearer:
“The Internet has provided an environment that has enabled innovation, development and growth through its open system…”
We do not understand the terminology “equal technical treatment of all protocols and data.”
We suggest that the heading could be supported by the addition of some chapeau text clarifying the purpose of this particular section, highlighting the characteristics that we are looking for from a governance framework:
“Given the importance of the Internet for global economies and societies, the global governance model should be: resilient to capture, able to cope with rapid technological change and innovation, and be based on agreed high-level principles that ensure predictability and proportionality of decisions, without discrimination.”
In our view, this is the single most important principle for the governance process, but it fails to identify what we are hoping to achieve. It needs to guard against capture by special interests. It should sit in a framework of high level principles that allow predictability for decisions and give a framework for measuring accountability. And decisions need to be transparent because this is a prerequisite for accountability.
We welcome the reference to “interested stakeholders.” Don’t we need a “degree of interest” test here? Not all decisions have equal impact on global stakeholders and engagement needs to be appropriate for the circumstances, for example in the national sovereignty of decisions only affecting national stakeholders.
We do not understand what is meant here.
We support this paragraph but would recognise that it is not always appropriate to give equal weight to all input or interests.
We support this paragraph.
We suggest amending the text to read “…participation of all relevant stakeholders…”
We would agree with others that there is not one single model to enable the participation of all stakeholders: one size does not fit all. We would agree that, whatever model, it needs to develop and respond to changing needs, but that needs to be done within the different organisations by keeping their model under review against the organisation’s remit.
It would be inappropriate to try to establish a single “correct” model.
We suggest the first sentence of the paragraph be edited to read, “value of multi-stakeholder engagement in Internet governance” and the last sentence be edited to read, “Different multi-stakeholder models are used in different circumstances: this is appropriate. In all cases, models for stakeholder engagement should evolve so that they remain fit for purpose.”
We suggest “…policy formulation processes enable appropriate participation of all interested parties…”
A lot of work has gone in to developing models of enhanced cooperation appropriate to the different relevant international organisations. There is a review currently underway in the CSTD working group on enhanced cooperation and we do not think it is appropriate for NETmundial to try to pre-empt this review without carrying out a detailed assessment of the work that has been put in to responding to the WSIS recommendation.
We are concerned about this paragraph’s proposal for the selection of stakeholders. We believe that this runs contrary to the spirit of openness and the reason for its introduction here is not explained at all. There might be very specific circumstances where representation is deemed to be necessary, but these should be the exception and need to be justified. When this approach is used, safeguards are needed to ensure that the process is properly transparent.
We suggest that this paragraph be deleted. At the least it should state that selecting stakeholder representatives should be the exception and that the expectation is that processes should be open and inclusive.
It would be more appropriate to strongly recommend that national multi-stakeholder processes are put in place to help national Internet governance issues. We agree that decisions should be made nationally wherever possible and that national mechanisms *could* help improve engagement internationally. We would support the idea of improving dialogue between national, regional and international levels.
We believe that this is already part of the IGF mandate, as in paragraph 72 a, b, c and g of the Tunis Agenda. (See also our comment on paragraph 23.)
We would welcome improved dissemination of outcomes from the IGF and a focus on sharing good practice, and policy analyses and experiences. The IGF role of improving understanding about Internet governance issues is a particularly important one. We do not believe that the IGF is the right forum for making decisions or recommendations.
We strongly support this idea.
We strongly endorse this.
We would welcome work to improve dialogue between regional and national IGFs and cooperation between them intersessionally.
We agree with this, which is in line with our comment under paragraph 16.
We would note that the process has been entrusted to ICANN, but we would agree that it needs to reach out beyond the ICANN community. We would note, however, that the IANA is a service for the operation of the DNS and it is important that IANA continues to provide this service impartially and predictably, meeting its agreed service levels and standards.
We welcome the wording on the globalisation of the IANA function. Recognising the process in ICANN and the detailed discussions and analysis there, it is useful to focus on principles from NETmundial. However, reference to the importance of IANA continuing to provide an efficient and effective service should be included in this list.
We welcome this statement and the importance of working in the global public interest.
However, ICANN is not (and should not be) an international treaty body and does not overrule national laws or impose cultural harmonisation. We suggest adding “while respecting national cultural and legal frameworks” to the end of the paragraph.
We agree that some stakeholders need to become more involved with cybersecurity and cyber-security cooperation (but it is debatable as to whether network operators and software developers should serve as examples: our experience is that they take their responsibilities seriously). It would be better to focus on the need for a culture of cyber-security that encourages all stakeholders to keep cyber-security as a priority issue.
There is a lot of work going on on security and stability. We should look at getting the best advantage from the existing structures and cooperation between the different initiatives before considering yet more initiatives.
We welcome the idea of an agreed set of Internet governance principles, but this will need to be at a very high level to cover the entire ecosystem. We are not sure how “related indicators” could be applied: this is a new concept to introduce at this stage of the paper?
It is not clear what is intended here. It would be useful to make reference to specific initiatives for clarity.
It would also be useful to make reference to national initiatives, capacity building and sharing good practice and information in the IGF.
Apologies: this should have been posted under paragraph 19.
Posted by accident under paragraph 16, this comment is now re-posted here where it was intended:
We would welcome improved dissemination of outcomes from the IGF and a focus on sharing good practice, and policy analyses and experiences. The IGF role of improving understanding about Internet governance issues is a particularly important one. We do not believe that the IGF is the right forum for making decisions or recommendations.
If indeed the outcome document has been largely worked out before the supposedly open discussion even starts, that contradicts the claimed intention that the meeting should discuss these issues in an open fashion.
I agree with the principle of consensus-driven governance to the extent that a serious bona fide attempt to seek a consensus solution should always be made. I object to the demand that in the absence of consensus no public policy decision may be made. This principle would imply that no decision could ever be taken that would solve the problem that some companies are overly powerful, because the powerful companies could simply oppose and thereby prevent such a decision from being taken. Of course, when no explicit decision can be made in regard to conflicts of interest between particular commercial interests and some aspect of the public interest, such a lack of a decision-making process is a decision in itself. This would imply that powerful profit-oriented companies are automatically able to do whatever they want, to the full extent of what the market will allow them to get away with, with no chance for public interest oriented regulation.
The alternative which I would propose in situations where there are genuinely conflicting interests (i.e. conflicts which persist after a reasonable attempt has been made to resolve the issue by means
of a consensus process), is that the best approach will be to develop competing proposals, corresponding to different perspectives on the issue, and to then have national parliaments make the perhaps difficult decision of choosing between these options. Clearly the set of proposals should be designed for making it as unproblematic as possible for different countries to adopt different options. For the specifics of a concrete proposal along these lines, see https://WisdomTaskForce.org
Delete the part “, and procedures must be developed and agreed upon through multistakeholder processes“. Through what kind of processes the procedures are developed and agreed upon has nothing to do with transparency, provided those processes are transparent.
In regard to why the restriction to multistakeholder processes only goes too far, see my comment on paragraph 16.
The attribute “multistakeholder” should not be repeated here, as “multistakeholder” is not an identifying characteristic of distributed governance.
Further it needs to be clarified what precisely is meant by “distributed mechanisms and organizations”: It is important to distribute governance functions among different institutions in order to avoid unhealthy and dangerous concentrations of power. However, it is also important to avoid unreanably great numbers of governance institutions and fora, as that results in only the most well-resourced organizations being able to engage effectively.
Add “whenever possible”. See my comments on paragraph 16 on why a restriction of Internet governance to collaborative and cooperative approaches only is not reasonable.
Add a clarification to the effect that if a specification cannot be freely implemented in any type of software, including Free and Open Source Software (FOSS), it is not an open standard.
This is unreasonably one-sidedly positive. We need to face the reality that not all hopes have been realized, and that there have been highly undesirable, human rights violating outcomes such as mass surveillance. See the background paper for a proposed IGF workshop https://www.intgovforum.org/cms/wks2014/uploads/proposal_background_paper/Social_and_economic_justice_issues_background_paper.pdf .
Consequently, there is a need for an honest reflection that sees not only positives.
See my comment on paragraph 16 of part 1 on why the restriction to consensus-based processes and to multistakeholder discussion processes goes too far.
“Equal participation among all stakeholder groups” is an illusion. Powerful internet companies are able to directly influence how people are able to communicate or not. Other stakeholder groups will never be equal to this. What we need is to empower all stakeholder groups to engage effectively, even if there are differences in regard to what effective participation in Internet governance means for each specific stakeholder group. In particular, governments need to empowered to be well informed so that needless or harmful legal regulation is avoided, while where regulation is needed, it can be created in a manner that is timely, effective, and without undesirable side effects. Civil society must be empowered to effectively represent the interests of those who (for whatever reasons) do not engage directly to represent their own interests, and to effectively point out abuses of power of any kind so that corrective action is taken quickly.
This list of objectives is far too narrow. For example, there are various important aspects of consumer protection besides cybersecurity and the prevention of cybercrime.
Delete this section. Why should the outcome document give special mention to a small of number issues that were raised which were off-topic? There are very many other issues that would be equally deserving of being mentioned as further discussion topics.
As others have mentioned before, the process for creating this document has been far from inclusive and represntative of the opinions expressed in the “over 180″ submissions. The document as stands avoids dealing with contentious issues and is thus an affirmation of the status quo.
Strongly agree with this comment.
Agree with Mr Bailey and Mr Hill – we should add a principle for “Democracy”. I support their proposed text.
I add my voice to the commenters who find “continue to be” a very problematic phrasing. Furher, “global coherence”, “unfragmented” and “common set of unique identifiers” are all absolutes that are not necessarily the best way forward.
We also need to protect net neutrality in the strongest way possible. This paragraph does nothing of the sort.
The words security, stability and resilience are problematic. They leave no room for technical reform and evolution, and the words themselves are vaguely defined.
The Internet is more than a resource – it is a global commons and needs to be recognized as such.
I would really like this to be stronger in calling out the need for net neutrality. As currently written it is vague and ambigous.
Agreed – net neutrality must be in this paragraph as well.
Strongly agree.
Agree with this.
Agreed
Agree with earlier commenters:
While it is welcome to have an open, well defined and accountable decision making process, it’s more important that each participating organization has the possibility of appointing representatives according to their own internal procedures.
As has been noted, the NetMundial meeting utilized a highly non-transparent decision making process in the appointment for business and civil society co-chairs for the meeting.
The language used in calling for the creation of new mechanisms to deal with orphan issues is extremely weak and should be strengthened.
Suggest deletion of the words “Consideration should be given to the possible” and replace with “There is a”
Agreed, this is a very inadvisable proposal. The IGF does not represent the interests of it’s constituents adequately.
This paragraph should be deleted.
The conditions set at present on the transition are unwarranted. There is clearly a need to ensure different structures are put in place that can ensure public policy is framed in a legitimate, representative fashion and at the same time ensure that operational aspects are not retarded by the vagaries of international diplomacy or political processes.
There cannot be “equal” participation of all stakeholders in all processes due to the differing nature of their roles and responsibilities. For instance, corporations serve a narrow interest – that of their shareholders. Putting them on par with governments – which represent citizens makes a mockery of all understood norms of representative, legitimate and participatory democracy.
There must be clarity that ICANN is only to provide oversight to IANA operations.
Why utilize both the words ‘global’ and ‘international’? This creates ambiguity in the document.
Propose adding a new sentence which ensures that the IANA function and the root zone is not subject to the law of any particular state.
Completely agree with these points. It is very important to not lose sight of the original reasons for holding the NetMundial.
Support these changes completely.
i support this
+1
For this endeavour to be truly multi-stakeholder, mechanisms are essential to ensure çivil society participation. (See also paragraph 6, below) Turkey, a co-host country, for instance, will be represented in NETmundial only by the government which has a deplorable record with regard to internet censorship and restricting freedom of speech. Neither funding is available for çivil society and academia, nor a mechanism to enforce multi-stakeholder participation.
Excellent however rather vague: (1) How to achieve “adequate funding” should be specified. (2) Measures for enforcing governments to effectively engage çivil society in the process should be specified. (See my related comment on Paragraph 4)
Correction: See also my comment on Paragraph 11. (Not 6)
We propose a similar way that we do around the world to Netmundial: Uptime Institute, an independent division of The 451 Group, provides education, publications, consulting, certifications, conferences and seminars, independent research, and thought leadership for the enterprise data center industry and for data center professionals.
The Uptime Institute is an unbiased, third-party data center research, education, and consulting organization focused on improving data center performance and efficiency through collaboration and innovation. The Uptime Institute serves all shareholders of the data center industry, including enterprise and third-party operation, manufacturers, providers, and engineers. This collaborative approach, completed with the Uptime Institute’s capability to recognize trends on a global basis and to interface directly with owners, results in solutions and innovations freed from regional constraints for the benefit of the worldwide data center industry.
Founded in 1993, the Uptime Institute pioneered the creation and facilitation of end-user knowledge communities to improve reliability and uninterruptible availability—uptime—in data center facilities and Information Technology organizations.
Uptime Institute has expanded its services and activities around the world: Tier Certifications awarded in over 50 different countries Accredited Tier Designers and Accredited Tier Specialists representing over 60 different countries Uptime Institute Networks are currently in growing North America; Latin America; Asia Pacific; and Europe, Middle East, & Africa Uptime Institute offices in Sao Paulo, Dubai, London, Singapore, Moscow, Taipei, Kuala Lumpur in addition to U.S. Offices (New York, Denver, Seattle, San Francisco)
As artists, we think a strong vibrant internet is core to the future of our independent work but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
This document shows no trace of recognition of the importance of intellectual property protection for a healthy Internet ecosystem. As artists, we think a strong vibrant internet is core to the future of our independent work only if all creative and innovative people respect one another’s creative output. Unfortunately, the concept of permissionless innovation rejects this notion of respect.
Better quality and speed of consumer internet service. It was one of the subjects more priorized on the Participa.br public consultation. The participants brought many ways for the minimum percentage of efective speed on consumer internet links should be great, including more investiments, ficalization and fulfill of internacional standards.
Right to access for network and information. The inequality of access distribution was put as a matter to be faced. The proposals bold that this subject must be addressed in the context of human rights and not as a technical criteria, priorizing free of charge access at public places.
On Participa.br public consultation, the access of information was approached as very important for network development and to garantee the human rights for political participation and for citizenship
Whether standards are open depends on many factors. At least process for creation, access to it and licensing (implementability). Because of his, I suggest a new text:
Internet governance should promote open standards, informed by individual and collective expertise and practical experience and decisions made by open consensus processes, that allow for a unique, interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards must be consistent with human rights, be implementable, interoperable and allow continued development and innovation. Both regarding future versions of the standard itself and solutions using the standard.
Please also have a look at these principles that the Swedish Foreign Minister Carl Bildt has talked about (scroll down…it is at the end on this talk from Korea):
To this objective, let me propose seven principles I believe should be observed.
1. First, legality.
Surveillance needs to be based on laws.
These laws must be adopted in a transparent manner through a democratic process.
The implementation of these laws should be reviewed periodically to ensure that the expansion of surveillance capabilities due to, for instance, technological advances is properly debated.
2. Second, legitimate aim.
Surveillance must be conducted on the basis of a legitimate and well-defined aim.
Surveillance measures may never be carried out in a discriminatory or discretionary manner and only by specified state authorities.
3. Third, necessity and adequacy.
The law should justify that surveillance is necessary and adequate to achieve the legitimate aim.
4. Fourth, proportionality.
A sound proportionality judgment must be made, to carefully assess whether the benefits of surveillance outweigh its negative consequences.
5. Fifth, judicial authority.
Decisions on the use of communications surveillance should be taken by a competent authority.
As a general rule, an independent court should take such decisions.
6. Sixth, transparency.
States should be as transparent as possible about how they carry out surveillance.
They should provide information on how the surveillance legislation works in practice.
7. Seventh, public oversight of parliamentary or other credible institutions.
We need to scrutinise how the laws work, to create transparency and build trust and legitimacy.
Our obligation as governments is to provide security and to respect human rights – not either or.
I agree with Greg Shatan—any hope for monetary gain from producing literary, scientific, or artistic production as the author or originator will be lost if the principles of Art.27(2) of the Universal Declaration of Human Rights are not included. Those who disagree probably haven’t tried to make a living by their own creativity.
While I agree with many of the commenters in this section, I believe Susan says it best—copyright infringement is tantamount to stealing and needs to be incorporated into this document. Please remove any reference to ‘permissionless innovation’ or the innovation the makers of this document hope for will wither and die.
I think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
The offline vs online terminology is superficially attractive but shallow. Is there not *one* ‘right’ that exist online that must equally be protected offline? The online-offline-online mapping of identityidentifier(s) is not necessarily one-to-one at all times, in all cases.
suggest add ‘at different times’ to read ‘recognizing the different roles played by different stakeholders in different issues at different times’.
futrher – > further
I embrace the statement ” It can be an effective tool for enabling human development and social inclusion” . I strongly believe that internet has that capability but not with current institution of Internet governance. At present, internet has become the tool for the NSA to monitor and control the world and It has become the tool for the bigger corporations to control the people in getting the maximum profits. If it continuous , Internet gets privatized . To solve the problems of oppressed with internet, we should look a way to transfer the authority of the internet to the oppressed. we should establish internet democracy and internet sovereignty ….
I totally agree with Rishab
Another agreement +1
+1
I agree with Dmitry. Promoting cultural diversity and identity is utmost important. Linguistic diversity should mention the local content also.
Agreed. Internet must be recognized as global commons. +1
+1
+1
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+1
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I agree with Rishab Bailey +1
The term “technology neutral” is risky. It is commonly used by companies to promote their own standards. Besides that, technology is not neutral. Use of one technology gives advantages to a group of participants while proving disadvantageous to another group. The best way to express this is that the formats and protocols used should be completely documented and with a free (as in freedom) licence for any party, for any purpose and in any country.
Not just on an equal basis with others, but much more because for persons with disabilties Internet is more than “Internet”, sometimes it’s the only link with social life.
Agree, the Internet is not secure now, but it SHOULD be a secure network.
I do agree, the surveillance as exception to right must be controlled and overseen, any interpretation for rationale to use surveillance must be strictly limited
I support Ian proposal
I support.
his document is about principles to serve citizens not to protect some interest groups. the permissionless innovation is creating new models for artists and creators and freeing them from gatekeepers and intermediaries.
the web is an example of permissionless innovation: web succeeded while gopher failed because the latter selected a licensing model
I disagree, the text brought from Tunis agenda as it is, will weaken civil society community involved within ICANN and has not added value here. Equal footing is important. Regarding all countries participation, that needs more specifics than declaration of goodwill
Geographical balance is included in ICANN bylaws and enforced for the board and several supporting organization and advisory groups. The real issue is on how to ensure systematic and meaningful participation of all stakeholders without being impacted by the lack of resources
Totally agree with this. +1
This makes sense. +1
Agreed. The terms contains much difference between each other. +1
Extremely important to understand that different stakeholders have different roles to play. +1
Net Neutrality is a core tool to raise acessibility and low barriers. +1
The world desperately needs open public standards. We must stop private standards to enter into the core architecture of Internet. +1
It is a matter of great concern that there is no mention in the document of the words “education”, “educate”, “school”, “teach” and related as of 04/19/2014. There can be no internet governance without a worldwide effort on education and technology initiatives in schools and the involvement of teachers and pupils. The discussion about these matters has to start earlier with privacy and internet safety issues being addressed earlier in the school curricula.
Describing the Final Document of Net Mundial meeting and collaborative process as “Potentially valuable contributions” undermines an effort without precedents made so far to reach consensus about the Future of Internet Governance, which is facing a crisis of legitimacy and inertia. IG Fora and entities involved shall recognize it as a core document to guide their processes from now on and rethink their practices.
Internet governance must respect and promote cultural and linguistic diversity in all its forms, but can also support the integration of peoples and their cultures by use of the global network for the development of a new dialect a new language and its structure , by all institutions of education they wish , connected interested and involved in common , for the purpose of evolution in overall Internet use.
A language with agile symbology specifically studied and developed along with the reuse of already well established and widespread interpretation of rapid global visual communication in the example of some signals used to guide the traffic of people cars, in the universal language of mathematics, sciences and some gestures interpreted intuitively by anyone on the planet .
The development of sounds and words with expressions acoustic phonetics and auditory basis involving the possibility of an adaptive application the vast majority of peoples and ethnicities in their complexities around our planet .
The use and implementation of a spelling and orthography, simplified universal and objective for this new context .
Transcribing and creating literature , artwork , plays, films and works of the most varied ranges in this new language and disseminate freely on a project open global network .
With the goal and results achieved without the long term and in its final faze , for its implementation and dissemination consolidation , primary schools and essential in all regions of the world have at their disposal by the developers poles as an option to implement this new language for their children .
The unsurpassed motivation for this new language , this new language would fundamentally break down barriers , whether phonetic , religious or historical, political Globalized that the Internet today in its practicality and its dynamics , since demolished .
The landmark proposal involving the participation of educational institutions connected by the worldwide network of all peoples , promoted the integration , transparency and multiplicity of the project , giving seriousness and a large proportion of success .
Languages and languages are born , die , are created or modified extinct , like Latin, Coptic, Ancient Greek , Esperanto and that enable or enabled the existence and functionality of computers and the internet as the ‘languages’ Assembly , Flow- Matic , COBOL , Fortran , Basic, MS -DOS and the pure and simple HTM .
The English and Spanish language lends itself well as a second language but worldwide ; carry some cultural and historical barriers in many people from many continents and also surely be integrated naturally in this universal language.
A new language , based on the speed and efficiency in spreading knowledge and integrate the communication , the global Internet network becomes plausible and possible necessary.
For the success of the project , there is only the need for a factor ; the initiative .
Probably the proposal is not in dispute but the governance of the Intenet ; undoubtedly is the propitious moment to be widespread
Invoking the article. 12 – Article 13 – Article 15 – Article 19 .
Ricardo Bartolome .
The six rights listed under Human Rights in paragraph 2 do not reflect the consensus view of the submissions that were filed. The concept of intellectual property rights was raised in 28 separate submissions, in addition to a filing by 38 entertainment and cultural organizations, representing 66 countries and six continents. Moreover, consumers use the Internet to access audio and audio-visual works more than any other application, so any outcome document intended to represent the views of all stakeholders needs to include the views of the global content community. To remedy this oversight, “Intellectual Property” must be added as the seventh right to incorporate Article 27 of the Universal Declaration of Human Rights, which states that “everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”
The outcome document — and Paragraph 13 in particular — disregards the importance of intellectual property rights and the concerns raised in 28 separate submissions, in addition to a filing by 38 entertainment and cultural organizations, representing 66 countries and six continents. We agree with the overwhelming number of comments filed in reference to paragraph 13, representing private industry, civil society, governments and academics, that the concept of “permissionless” innovation must be eradicated from the outcome document. The second sentence should be replaced with: “Internet governance must continue to allow for innovation, while preserving intellectual property rights within a framework of the rule of law.” The outcome document cannot be considered a “consensus” document without this fundamental change.
An overwhelming number of commenters focus on the most significant oversight of this document — the failure to recognize the importance of intellectual property rights and the rule of law in fostering an innovative environment. For the process to be considered inclusive, the outcome document must reflect input from such a major stakeholder group, which includes artists, creators, and the cultural and entertainment industry. Although not incorporated in the draft outcome document, these views were expressed during the first round of comments in a submission by 38 entertainment and cultural organizations, representing 66 countries and six continents.
It’s vitally important and simply the “right thing to do” for all creative people including independent artists to respect one another’s creative output and not infringe or take unfair advantage of a creator’s intellectual property.
Equal treatment of all protocols and data is neither desirable nor achievable; attempting to recast this stipulation in alternate language is not productive because the statement exposes a conceptual error in the role of networks in terms of application support. The same error is implicit in the so-called “end-to-end nature of the network.” A network is not truly endpoint controlled if if only knows how to behave in one and only way way irrespective of application requirements. Networks need to be allowed to advance away from these primitive, authoritarian constructs if they are to support diverse applications. It’s embarrassing that this contradictory formulation should have made it so far in the formulation.
Please clarify that freedom of expression does not permit the unlawful appropriation, distribution, and sale of the creative works of others to which the purveyor does not hold a valid distribution license. The off-line right to patent and copyright protection included in the Universal Declaration of Human Rights must apply on-line as well.
Nonetheless, the Internet must be allowed to advance from its current formulation to new protocols, standards, and business models. Technical systems are inherently dynamic.
“Permissionless innovation” is an empty buzz-phrase that lacks a coherent definition. Does it mean the right to invade the privacy of others as the Reddit “upskirt” and “jailbait” areas promote? Does it mean freedom to evade law and regulation? Does it mean the ability to steal creative works? It has been used in all of these senses.
No blind eye should be cast upon the use of networks for criminal and anti-social activities.
Democracy must be added as a fundamental principle.
We propopose 8bis
Democracy: everyone shall have the right and opportunity to take part in the conduct of public affairs and public policy decisions, directly or through freely chosen representatives.
In our view, para 10 should read as follows:
“Internet should continue to be a globally coherent, interconnected, stable, scalable and accessible network-of-networks, that enables the flow of data packets/information without restrictions placed by entities that have a dominant position.”
The rationale for the changes is as follows.
* The use of the words “common set of identifiers”, “globally coherent”, and “unfragmented” is problematic in the sense that these merely preserve current structures of technical architecture – which clearly need to be rebuilt. As these terms are phrased as absolutes, there is no room to reform technical architecture so as to account for issues such as cultural hegemony, digital colonialism and so on.·
* Further, the reference to “free flow of data packets/information” is insufficient to protect the principle of network neutrality – a principle that must be protected in the strongest and most unambiguous terms. For instance, this sentence will not prevent tiered pricing structures for access to content.
In our view para 11 should read as follows:
“The Internet must be recognized as a global commons. Its technical architecture must be reformed to account for issues such as cultural hegemony and digital colonialism. Its security, stability and resilience of should be a key objective of all stakeholders in Internet governance.. Effectiveness in addressing risks and threats to security and stability of the Internet depends on strong cooperation among different stakeholders.”
The rationale for this is:
* The usage of these terms means there is little room for reform of technical architecture so as to account for issues such as cultural hegemony, digital colonialism and so on.·
* The Internet must be recognized as more than a ‘universal global resource’ is must be recognized as a global commons.
In our view para 12 should read as follows:
“The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation, recognizing technical management principles for efficient and improved network operation and preserving the end-to-end nature of the network, protocol equality, network neutrality and seeking to resolve technical issues at a level closest to their origin.”
The rationale for these changes is:
* While recognizing that the document refers to the “equal technical treatment of all protocols and data”, I believe that the language on preserving network neutrality must not be so ambiguous and vague. The principle of network neutrality is essential in ensuring that the Internet remains a place where innovation and access are promoted – there must be stronger language ensuring the principle of protocol and traffic equality.
* Also refer comments on paragraph 10, IGP.
In our view para 15 can remain unchanged. In any case, the recognition of the respective roles and responsibilities must be retained, because states are responsible for public policy issues. If all stakeholders had equal footing, then it would be impossible to impose net neutrality rules: operators would block those. Public policy is decided by national parliaments, and surely other stakeholders should not have equal footing when laws are voted.
In our view, para 16 should read:
“Open, participative, consensus driven governance: The development of international Internet-related public policies and Internet governance arrangements should enable the full and balanced participation of all stakeholders from around the globe, in their respective roles and responsibilities.”
The rationale for this is:
* In keeping with the internationally accepted language of the Tunis Agenda, and as recognized in Block 15, it is essential that the words “in their respective roles and responsibilities” be added after the words “all stakeholders”.·
* The sentence as currently drafted enables the participation of all stakeholders on the same footing – this only further strengthens the role of corporations in online governance procedures and fails to recognize existing notions of representative democracy.·
* Given the uncertainty over the meaning of ‘equal footing’ as recognized in Block 39, the inclusion of such a principle is unwarranted.
In our view, para 19 should read as follows:
“Inclusive and equitable: Internet governance institutions and processes should be inclusive and open to all interested stakeholders. Processes should be bottom-up, enabling the full involvement of all stakeholders, in their respective roles and responsibilities.”
The rationale for the changes is:
* In keeping with the internationally accepted language of the Tunis Agenda, and as recognized in Block 15, it is essential that the words “in their respective roles and responsibilities” be added after the words “all stakeholders”.·
* The sentence as currently drafted enables the participation of all stakeholders on an equitable’ footing – this only further strengthens the role of corporations in online governance procedures and fails to recognize internationally recognized and existing notions of representative democracy. By placing all stakeholders – including corporations – on the same footing in all decision making processes, the document turns the concept of democracy on its head by permitting those with narrow, parochial interests to frustrate the will of legitimate and representative institutions.·
* Given the uncertainty over the meaning of ‘equal footing’ as recognized in Block 39, the inclusion of such a principle is unwarranted.
In our view, para 23 should read as follows:
“Accessibility and low barriers: Internet governance should promote universal, equal opportunity, affordable and high quality Internet access, in accordance with the principle of net neutrality, so it can be an effective tool for enabling human development and social inclusion. There should be no unreasonable barriers to entry for new users.”
The rationale for this is that it is essential that the principle of network neutrality be recognized so as to promote access and lower barriers thereto.
In our view, para 25 should read as follows:
“Internet governance should promote open public standards, informed by individual and collective expertise and practical experience and decisions made by open consensus, that allow for a interoperable, resilient, stable, decentralized, secure, and interconnected networks, available to all. Standards must be consistent with human rights and allow development and innovation.”
The rationale for this is:
* Suggest usage of the words ‘open public standards’. This ensures that the basic protocols and technical standards of the Internet are those that are publicly created and vetted, thereby weeding out backdoors and other problems and further enhancing the creation of an innovative and technically neutral online environment.
* The goal should be interoperable networks, not necessarily one monolithic network, and indeed the current Internet is a network of networks.
In our view, para 1 should read as follows:
“The objective of this proposed roadmap for the future evolution of Internet governance is to outline possible steps forward in the process of continuously improving the existing Internet governance framework ensuring the full involvement of all stakeholders in their respective roles and responsibilities.”
In our view, ·in keeping with the internationally accepted language of the Tunis Agenda, and as recognized in Block 15, it is essential that the words “in their respective roles and responsibilities” be added after the words “all stakeholders”.
In our view, para 2 should read as follows:
“The Internet governance framework is a distributed and coordinated ecosystem involving various organizations and fora. It must be inclusive, transparent and accountable, and its structures and operations must follow an approach that enables the participation of all stakeholders, in their respective roles and responsibilities, in order to address the interests of all those who benefit from the Internet.”
The rationale for this is:
* Suggest addition of the words “in their respective roles and responsibilities” after the words “…participation of all stakeholders”.
* This would ensure the language is in consonance with the Tunis Agenda.
In our view, para 3 should read as follows:
“The valuable contribution of all stakeholders to Internet governance, in their respective roles and responsibilities, should be recognized. This model should be further strengthened, improved and evolved.”
The rationale for the changes is:
* This paragraphs assumes that ‘enhanced cooperation’ has been implemented and that existing mechanisms are sufficient to satisfy the requirements of the Tunis Agenda (for instance the role of the GAC in ICANN is clearly not in consonance with the Tunis Agenda). Further, there is no agreement that “enhanced cooperation” has been implemented. As such we believe this paragraph is inappropriately worded.
* Suggest insertion of the words “in their respective roles and responsibilities” after the words “…of all stakeholders” as this reflects the language of the Tunis Agenda.
The title should read “Issues that deserve attention of all stakeholders in the future evolution of Internet Governance procedures”
In our view, para 6 should read as follows:
“1. Internet governance decisions are sometimes taken without the meaningful participation of all stakeholders. It is important that multistakeholder decision-making and policy formulation are improved in order to ensure the full participation of all interested parties, recognizing the different roles played by different stakeholders in different issues and their different responsibilities.”
That is, we suggest addition of the words “and their different responsibilities” at the end of the last sentence.
In our view, para 8 should read as follows:
” 3. Stakeholder representatives appointed to multistakeholder Internet governance processes should be selected through open and transparent processes by each concerned entity in accordance with its own internal procedures.”
The rationale for this is:
* While the requirement for selection of representatives through open, transparent, inclusive, well defined, accountable and publicly known decision making processes is welcome, Each organization must be able to appoint representatives in accordance with its own internal procedures. It would not be appropriate to envisage some overall set of rules that would constrain internal procedures (e.g. that would prevent the management of private companies from appointing representatives).
* In this context, we note that the NetMundial meeting utilized non-transparent decision making processes in the appointment for instance of the business and civil society co-chairs for the meeting.
In our view, para 10 should read as follows:
“5. There should be meaningful participation by all interested parties, having regard to their respective roles and responsibilities, in Internet governance discussions and decision-making, with attention to geographic, stakeholder and gender balance in order to avoid asymmetries.”
The rationale for this is:
* Suggest addition of the words “having regard to their respective roles and responsibilities” after the words “…all interested parties”.
* At present, the paragraph implies that all stakeholders / interested parties are to participate on equal footing, which demonstrates an incorrect understanding of representative democracy.
In our view, para 16 should read as follows:
“1. There is a need for mechanisms to consider emerging topics and issues that are not currently being adequately addressed by existing Internet governance arrangements”
The rationale for this is:
* The language used in calling for the creation of new mechanisms to deal with orphan issues is extremely weak and should be strengthened.
* Suggest deletion of the words “Consideration should be given to the possible” and replace with “There is a”
Para 20 should be deleted.
“Deletion of references to IGF being a permanent forum is an advisable change, given that the IGF does not truly represent the interests of all those with a stake in Internet Governance – in particular those from the global south. The problems with the IGF are many and well documented and it suffices to state that recommending this be made into a permanent body without further and specific changes to its structure and functioning would be unadvisable.”
The deletion of references to 1Net is a positive change. 1Net was set up by ICANN, a US based corporation, and as such has no sanctity other than that conferred by this meeting/ad-hoc ICANN processes. To elevate this organization as was contemplated and ensure its continued importance to the multistakeholder model would be undemocratic and would merely preserve the status quo as far as inclusive and participatory structures are concerned.
In our view, para 27 should read as follows:
“This transition should be conducted in accordance with the sprit of of the Tunis Agenda, which calls for the participation of all governments on an equal footing. In this context, we note that, at present, one government has unilaterally decided on the process and has set conditions on the outcome, and that one organizations has unilaterally set the scope of discussions in a top-down manner that is being challenged even within that organization itsself. This must be revisited and the transition must be agreed by all stakeholders, in accordance with their respective roles and responsibilities. It is important to strive towards a completed transition by September 2015.”
The rationale for this is:
* The conditions set at present on the transition are unwarranted. There is clearly a need to ensure different structures are put in place that can ensure public policy is framed in a legitimate, representative fashion and at the same time ensure that operational aspects are not retarded by the vagaries of international diplomacy or political processes.
* There cannot be “equal” participation of all stakeholders in all processes due to the differing nature of their roles and responsibilities. For instance, corporations serve a narrow interest – that of their shareholders. Putting them on par with governments – which represent citizens makes a mockery of all understood norms of representative, legitimate and participatory democracy. * There must be clarity that ICANN is only to provide oversight to IANA operations.
* Why utilize both the words ‘global’ and ‘international’? This creates ambiguity in the document.
Para 28 should be deleted.
There is no question of ICANN being a representative and legitimate body in so far as public policy decision making is concerned without reform of the role of the GAC and ensuring that representative political institutions are the ultimate arbiters and decision makers in so far as public policy is concerned.
We suggest rewording para 29 as follows and adding a new 29bis as follows:
“The active representation from all stakeholders in the ICANN structure from all countries, including all stakeholders in their respective roles and responsibilities issue in the process of a successful globalization.”
“The operational aspects of the IANA function and the root zone management function must not be subject to the law of any one country, that is, they must benefit from immunity of jurisdiction”
The rationale for this is:
* In para 29, · replace the word “Stakeholder” with “countries”; replace the words “from all regions” with “including all stakeholders, in their respective roles and responsibilities”.
* Re para 29bis, the IANA function and the root zone must not be subject to the law of any particular state.
In our view, para 32 should read as follows:
“a. It is necessary to continue work pursuing international global multilateral agreements on topics such as jurisdiction and law enforcement assistance to prevent cyberwarefare, to promote cybersecurity and prevent cybercrime. Discussions on those issues should be held in a multistakeholder manner, in accordance with the respective roles and responsibilities of the stakeholders.”
The rationale for this is:
* WeI object, in the strongest possible terms, to the deletion of references to a multilateral treaty to protect against cyber warfare.
* As more and more critical infrastructure resources around the world are maintained and operated through digital mechanisms, ensuring the security of these installations from targeted attacks is critical.
* While discussions can certainly be multistakeholder in process, framing a global agreement is the core business of governments and this must be explicitly recognised. · A multilateral agreement ensuring cyber peace and de-militarising the Internet is essential if we are not to see the Balkanisation of the Internet – which given the Snowden revelations is a very real possibility as more and more governments look to set up independent mechanisms to ensure their safety against unwarranted attack.
In our view, para 35 should read as follows:
“2. Internet surveillance – Mass and arbitrary surveillance undermines trust in the Internet and trust in the Internet governance ecosystem. Surveillance of communications, their interception, and the collection of personal data, including mass surveillance, interception and collection must be limited to what is necessary and proportional and must be subject to judicial review and transparent public oversight. If necessary, existing international instruments should be adapted to ensure this.”
The rationale for this is:
* The proposed text of this paragraph fails to adequately respond to and prohibit mass surveillance – which was one of the issues that prompted the call for this meeting in the first place. The text is completely anodyne and permits the continuance of practices of which Snowden has made us all aware – the targeting of innocent civilians around the world without just cause. By removing references to ‘necessity’ and ‘proportionality’ the document fails to ensure that limitations on personal freedoms (such as freedom of speech and association) are not exercised in a disproportionate manner and permits the implementation of inequitable and unjust legislation by nation states – which may well lead to increased instances of censorship and invasions of privacy, or at any rate is unlikely to check existing problems.·
* It is not acceptable to say that is “should” be in accordance with human rights. It must be in accordance with such rights and there is no need to state that here – it is an understood and accepted legal principle, enshrined in UN instruments. There may be a need to adapt the existing instruments to reinforce existing rights.
* It is also recommended that language be inserted that condemns, in the strongest possible terms the active weakening of important infrastructure and technical standards – which we know enables mass surveillance.
We suggest adding additional items 41bis ff. as follows:
- Financial issues
- Network Neutrality
- Infrastructure as a public good
- Basic Internet services as public services available to all
- Preventing abuse of dominant positions, at both national and international levels
In our view, additional issues, mentioned in the input documents, must be mentioned
This document should be recognized for what it is: the output of an informal, non democratic, non representative group. Such a group cannot be empowered to make decisions. The output, if suitably revised, could be a useful document that should be noted by the participants at the meeting and that would surely be considered as appropriate in future discussions. which would include, according to the subject matter, technical standardization bodies and policy-making bodies such as national parliaments and intergovernmental organizations There should be no attempts to approve or endorse this document, particularly given that it does not capture the diversity of views expressed in the input documents, and that there was very little time to evaluate it and to propose revisions.
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect. To provide for permissionless use is stealing and disrespectful as well as in the long rule disruptive and antithetical to the innovative and creative aspect of the Internet. The idea that the future growth of the Internet is served by allowing the use of photographs or art without permission is wrong because if this would become the future then every artist would stay off the internet as a form of self preservation.
It is generally agreed that open, transparent and bottom up methods should be used to develop this sort of document. While we, at the Society for Knowledge Commons, greatly appreciate the open and transparent process used to obtain the input documents, it is our view that the process used to prepare the draft output document was not transparent, and appears to have been top-down, because the output document does not adequately reflect the inputs.
Our expectation was not necessarily to achieve full consensus: we know that many issues are contentious. The expectation was that there would be a full and open airing of the issues, with frank and robust discussions.
In our view, the document avoids dealing with contentious issues. We believe that it is essential that the existence of such contentious issues be openly acknowledged, in particular since some of those issues have been under discussion for years and are of fundamental importance.
By ignoring key contentious issues, the document in effect expresses approval for the status quo, which is not consistent with the input document, and which would send a very biased and incorrect message to readers of the document.
It would mean that there is to be no movement towards legitimate global political mechanisms to address and, in time, counter the extreme concentration of economic, social, cultural and geo-political controls that are emerging on and through the global Internet, and which is the principal problem facing the world today.
The global community had hoped that NetMundial would develop concrete recommendations to address this key global problem. The current draft completely fails in this central task.
Suggest addition of ‘democracy’ as a fundamental principle. An additional paragraph could read “Democracy: everyone shall have the right and opportunity to take part in the conduct of public affairs and public policy decisions, directly or through freely chosen representatives.”
The use of the words “common set of identifiers”, “globally coherent”, and “unfragmented” is problematic in the sense that these merely preserve current structures of technical architecture – which clearly need to be rebuilt. As these terms are phrased as absolutes, there is no room to reform technical architecture so as to account for issues such as cultural hegemony, digital colonialism and so on. At the very least, suggest deletion of the words “unfragmented” and “based on a common set of unique identifiers”.
Further, the reference to “free flow of data packets/information” is insufficient to protect the principle of network neutrality – a principle that must be protected in the strongest and most unambiguous terms. For instance, this sentence will not prevent tiered pricing structures for access to content. In this respect, suggest addition of the words “without any restrictions placed by entities in a dominant position” after the words “…free flow of data packets/information.”
The paragraph would therefore read: “Internet should continue to be a globally coherent, interconnected, stable, scalable and accessible network-of-networks, that enables the flow of data packets/information without restrictions placed by entities that have a dominant position.”
The usage of these terms means there is little room for reform of technical architecture so as to account for issues such as cultural hegemony, digital colonialism and so on.
The Internet must be recognized as more than a ‘universal global resource’ is must be recognized as a global commons.
While recognizing that the document refers to the “equal technical treatment of all protocols and data”, I believe that the language on preserving network neutrality must not be so ambiguous and vague. The principle of network neutrality is essential in ensuring that the Internet remains a place where innovation and access are promoted – there must be stronger language ensuring the principle of protocol and traffic equality.
Also refer comments on paragraph 10, Internet Governance Principles.
In keeping with the internationally accepted language of the Tunis Agenda, and as recognized in Block 15, it is essential that the words “in their respective roles and responsibilities” be added after the words “all stakeholders”.
The sentence as currently drafted enables the participation of all stakeholders on the same footing – this only further strengthens the role of corporations in online governance procedures and fails to recognize existing notions of representative democracy.
Given the uncertainty over the meaning of ‘equal footing’ as recognized in Block 39, the inclusion of such a principle is unwarranted.
In keeping with the internationally accepted language of the Tunis Agenda, and as recognized in Block 15, it is essential that the words “in their respective roles and responsibilities” be added after the words “all stakeholders”
The sentence as currently drafted enables the participation of all stakeholders on an equitable’ footing – this only further strengthens the role of corporations in online governance procedures and fails to recognize internationally recognized and existing notions of representative democracy. By placing all stakeholders – including corporations – on the same footing in all decision making processes, the document turns the concept of democracy on its head by permitting those with narrow, parochial interests to frustrate the will of legitimate and representative institutions.
Given the uncertainty over the meaning of ‘equal footing’ as recognized in Block 39, the inclusion of such a principle is unwarranted.
It is essential that the principle of network neutrality be recognized so as to promote access and lower barriers thereto.
Suggest usage of the words ‘open public standards’. This ensures that the basic protocols and technical standards of the Internet are those that are publicly created and vetted, thereby weeding out backdoors and other problems and further enhancing the creation of an innovative and technically neutral online environment.
The goal should be interoperable networks, not necessarily one monolithic network, and indeed the current Internet is a network of networks.
In keeping with the internationally accepted language of the Tunis Agenda, and as recognized in Block 15, it is essential that the words “in their respective roles and responsibilities” be added after the words “all stakeholders”.
Suggest addition of the words “in their respective roles and responsibilities” after the words “…participation of all stakeholders”. This would ensure the language is in consonance with the Tunis Agenda.
This paragraph assumes that ‘enhanced cooperation’ has been implemented and that existing mechanisms are sufficient to satisfy the requirements of the Tunis Agenda (for instance the role of the GAC in ICANN is clearly not in consonance with the Tunis Agenda). Further, there is no agreement that “enhanced cooperation” has been implemented. As such I am of the opinion that this paragraph is inappropriately worded.
Suggest insertion of the words “in their respective roles and responsibilities” after the words “…of all stakeholders” as this reflects the language of the Tunis Agenda.
The title should read “Issues that deserve attention of all stakeholders in the future evolution of Internet Governance procedures”
Suggest addition of the words “and their different responsibilities” at the end of the last sentence.
While the requirement for selection of representatives through open, transparent, inclusive, well defined, accountable and publicly known decision making processes is welcome, Each organization must be able to appoint representatives in accordance with its own internal procedures. It would not be appropriate to envisage some overall set of rules that would constrain internal procedures.
In this context, it is noteworthy that the NetMundial meeting utilized non-transparent decision making processes in the appointment for instance of the business and civil society co-chairs for the meeting.
Suggest addition of the words “having regard to their respective roles and responsibilities” after the words “…all interested parties”.
At present, the paragraph implies that all stakeholders / interested parties are to participate on equal footing, which demonstrates an incorrect understanding of representative democracy.
The language used in calling for the creation of new mechanisms to deal with orphan issues is extremely weak and should be strengthened.
Suggest deletion of the words “Consideration should be given to the possible” and replace with “There is a”
Deletion of references to IGF being a permanent forum is an advisable change, given that the IGF does not truly represent the interests of all those with a stake in Internet Governance – in particular those from the global south. The problems with the IGF are many and well documented and it suffices to state that recommending this be made into a permanent body without further and specific changes to its structure and functioning would be unadvisable.
The deletion of references to 1Net is a positive change. 1Net was set up by ICANN, a US based corporation, and as such has no sanctity other than that conferred by this meeting/ad-hoc ICANN processes. To elevate this organization as was contemplated and ensure its continued importance to the multistakeholder model would be undemocratic and would merely preserve the status quo as far as inclusive and participatory structures are concerned.
The conditions set at present on the transition are unwarranted. There is clearly a need to ensure different structures are put in place that can ensure public policy is framed in a legitimate, representative fashion and at the same time ensure that operational aspects are not retarded by the vagaries of international diplomacy or political processes.
There cannot be “equal” participation of all stakeholders in all processes due to the differing nature of their roles and responsibilities. For instance, corporations serve a narrow interest – that of their shareholders. Putting them on par with governments – which represent citizens makes a mockery of all understood norms of representative, legitimate and participatory democracy.
There must be clarity that ICANN is only to provide oversight to IANA operations.
Why utilize both the words ‘global’ and ‘international’? This creates ambiguity in the document.
There is no question of ICANN being a representative and legitimate body in so far as public policy decision making is concerned without reform of the role of the GAC and ensuring that representative political institutions are the ultimate arbiters and decision makers in so far as public policy is concerned.
Replace the word “Stakeholder” with “countries”; replace the words “from all regions” with “including all stakeholders, in their respective roles and responsibilities”
Suggest adding a new sentence which ensures that the IANA function and the root zone is not subject to the law of any particular state.
Suggestion “The operational aspects of the IANA function and the root zone management function must not be subject to the law of any one country, that is, they must benefit from immunity of jurisdiction”
I object strongly to the deletion of references to a multilateral treaty to protect against cyber warfare.
As more and more critical infrastructure resources around the world are maintained and operated through digital mechanisms, ensuring the security of these installations from targeted attacks is critical.
While discussions can certainly be multistakeholder in process, framing a global agreement is the core business of governments and this must be explicitly recognised.
A multilateral agreement ensuring cyber peace and de-militarising the Internet is essential if we are not to see the Balkanisation of the Internet – which given the Snowden revelations is a very real possibility as more and more governments look to set up independent mechanisms to ensure their safety against unwarranted attack.
Suggest stating “It is necessary to continue work pursuing international global multilateral agreements on topics such as jurisdiction and law enforcement assistance to prevent cyberwarefare, to promote cybersecurity and prevent cybercrime. Discussions on those issues should be held in a multistakeholder manner, in accordance with the respective roles and responsibilities of the stakeholders.”
This paragraph fails to adequately respond to and prohibit mass surveillance – which was one of the issues that prompted the call for this meeting in the first place. The text is completely anodyne and permits the continuance of practices of which Snowden has made us all aware – the targeting of innocent civilians around the world without just cause. By removing references to ‘necessity’ and ‘proportionality’ the document fails to ensure that limitations on personal freedoms (such as freedom of speech and association) are not exercised in a disproportionate manner and permits the implementation of inequitable and unjust legislation by nation states – which may well lead to increased instances of censorship and invasions of privacy, or at any rate is unlikely to check existing problems.
It is not acceptable to say that is “should” be in accordance with human rights. It must be in accordance with such rights and there is no need to state that here – it is an understood and accepted legal principle, enshrined in UN instruments. There may be a need to adapt the existing instruments to reinforce existing rights.
It is also recommended that language be inserted that condemns, in the strongest possible terms the active weakening of important infrastructure and technical standards – which we know enables mass surveillance.
Suggested paragraph “Internet surveillance – Mass and arbitrary surveillance undermines trust in the Internet and trust in the Internet governance ecosystem. Surveillance of communications, their interception, and the collection of personal data, including mass surveillance, interception and collection must be limited to what is necessary and proportional and must be subject to judicial review and transparent public oversight. If necessary, existing international instruments should be adapted to ensure this.”
Suggest an addition after this block that mentions numerous additional issues raised in the input documents.
For instance:
– Preventing abuse of dominant positions, at both national and international levels
- Basic Internet services as public services available to all
- Infrastructure as a public good
- Financial issues
Labelling rights as being “online or offline” is problematic as don’t know how the technology might evolve. Article 19 of the UDHR universality principle could be used. For instance,,
Rights must be protected… through any media and regardless of frontiers…
Again, would being more expansive – mentioning the internet, but also including future technologies would be beneficial
Equally important is – freedom of (online) association. Can this be incorporated?
The language “respective roles” might be quite limiting. It doesn’t seem to incorporate evolution since WSIS…
In fact, This text seems to come from the WGIG report back during WSIS Phase II that defined 4 stakeholder groups and then really defined how limited they might be. Suggest either defining respective roles & responsibilities or dropping that qualifier.
The problem I have with this wording is the term “create” – one does not “create” information. One may gather it, express it, or share it, but it is not created.
The reason I have a problem with this is that there are a large number of people who would be very happy to engage in widespread piracy of original work under the guise of “sharing information.” To suggest that information can be created opens the door to this.
The argument that if something is on the internet it is by definition information is just plain wrong. There is a distinct difference between information and a created work.
For example, the fact that the Earth revolves around the sun is information. It is a fact. The bus schedule contains information – when the bus arrives at a given place is a fact. It exists independently of any expression of it. If you take away an original article about how the Earth revolves around the sun, the Earth will continue to revolve around the sun.
Original expression of anything, be it fiction, solar mechanics, religious commentary, etc., is not information. If you take it away, it disappears. It is original work, and widespread piracy of it can only hurt the industry.
Don’t believe me? Look at the computer games industry. The piracy rate for a successful computer game is approximately 11-12 pirated copies for each copy sold. On the console, it’s 1 pirated copy for every 5-6 sold. Over the last 15 years, we have seen an exodus of companies making AAA titles from computer games over to console games.
(Source: https://www.tweakguides.com/Piracy_1.html)
I absolutely agree that the freedom of speech and the flow of information should be protected. But freedom of speech involves being able to speak your own words, not pirate somebody else’s. And somebody’s original expression is not “information” – it is original work that copyright law exists to protect.
And if you don’t believe me, in all seriousness, just look the word up in the dictionary already.
With all due respect, as I have mentioned in a couple of other comments, information is not created – intellectual property is created (for example, a novel is not information, while the results of a poll are). By using the word “create” you are suggesting that anything created is therefore just information, when the very definition of the word says that it is not. And this opens it up for a great deal of abuse that hurts a lot of people.
All you really have to do to fix this is remove one word from the sentence. Remove the word “create,” and the sentence is fine. All of the rights regarding freedom of information will be protected, and the potential for abuse by intellectual property pirates will be minimized.
It seems to me that there are two issues at play here. First, there is the issue of protecting intellectual rights – copyright exists for a reason, and while it is not terribly understood by many people outside of the creative industries, it is still absolutely necessary, as anybody in the creative industries will attest.
(Seriously, the thing that allows somebody to release open source code, or something into the public domain, or the creative commons? That’s all copyright law.)
Second, there is the issue of abuse of copyright. It is one thing to use the DMCA to remove a pirated book from a website months prior to its release date (something I had to do recently), but quite another to use copyright law as a club to silence opposition, shake people down, etc. This must also be protected against.
So, in the interests of not throwing out the proverbial baby with the bath water on either side, I suggest the following modification to the second sentence (modification in caps):
“For the preservation of its dynamism, Internet governance must continue to allow innovation through an enabling Internet environment WITH ALL NECESSARY PROTECTIONS FOR INTELLECTUAL PROPERTY AS PER THE BERNE CONVENTION AND OTHER INTERNATIONAL INTELLECTUAL PROPERTY AGREEMENTS, ALONG WITH ALL NECESSARY PROTECTIONS AGAINST THE ABUSE OF INTELLECTUAL PROPERTY LAW.”
Well, if that is the case – and if it is, it is quite a worthy idea and should be preserved – then it needs to be specified to make this clear. Perhaps changing the phrase to “permissionless TECHNOLOGICAL innovation” (change in caps) might make this better.
We think a strong vibrant internet is core to the future of independent artists and that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
New edition: 1. NETmundial identified a set of possible principles and important values that may contribute for further discussions on a new, effective, legitimate and evolving Internet governance framework”.
Title should be changed to “Protection of Human Rights”. There is a need to clarify the terms “online” and “offline” human rights, as well as to stress the right to private life and the right be protected from massive surveillance.
New wording of the last sentence as follows: “Effectiveness in addressing risks and threats to security and stability of the Internet depends on timely preparation and comprehensive implementation of universally accepted binding norms and standards, as well as on constructive dialogue and cooperation among interested parties”.
New edition: “The development of Internet-related public policies and Internet government arrangements should be undertaken by States and, where applicable, with participation of other interested parties “.
New edition: Decisions made are encouraged to be easy to understand, processes – be clearly documented and follow agreed procedures, and procedures – be developed and agreed upon by the States and with close collaboration with other interested parties”.
Add after the word “newcomers” a phrase “if requested by them”.
Replace the word “open standards” by a new term “universally accepted norms and standards”. The last sentence: “It is important to ensure that these norms and standards will guarantee secure Internet and respect of human rights, especially the right to private life”.
After the word “full involvement” add a new phrase “of States and, where applicable, other interested parties”.
The NETmundial is not mandated to assess the effectiveness of activities of other fora (Tunis Agenda), organizations (ICANN). It also goes without saying that it’s beyond its authorities to prolong or expand the mandate of other structures (Internet Governance Forum) or make proposals on statements by governmental structures of some countries. There are enough competent organizations and fora that have already discussed those issues. Having said this we propose to delete or entirely redraft pp.3, 17-23, 25-29.
In p.43 it’s not clear, how “the processes are encouraged to take into account” and why we need “to explicitly adhere” to a non-binding document?
Proposals reflected in pp.44-45 regarding the use of the NETmundial’s outcomes in other fora, as well as the idea of follow-up procedures and reporting mechanisms need further thorough deliberations and analysis. At this stage, it might be problematic to accept them.
Real-world cases of Cyber Attacks from one state nation to another could be mentioned. Cyber Defense has, at least, the same importance level as Cyber Crime.
Cyber Attacks include, as an example and within a Cyber Defense context, attacks oriented to damage critical infrastructure systems in the attacked state. May a Cyber Defense mention be incorporated?
Mr. Borba, thank you very much for your support. I agree with your asseveration “Cybercrime is an easier issue to deal with since there are not political interests involved” just in the case of “chicken robber” category Cyber Criminals. But, in the case of “top ranked” Cyber Crime, for example Cyber Money Laundering – Cyber Gambling, “political interest involved” could be greater than Cyber Defense topics are.
I think that a) Cyber Espionage (no euphemisms), b) Cyber Crime and c) Cyber Attacks, from one state nation to another, should be core items to be discussed, deeply, in NETmundial context.
Mr. Xianhong Hu suggestion is a very good contribution. I think such interesting point of view could be complemented with the following: To develop, as a NETmundial key lecture (April 23 or 24), a presentation of current situation and expected evolution of Cyber Espionage, sophisticated Cyber Crime and Cyber Attacks from one state nation to another. After that lecture, I suggest to discuss with all attendees the main points of it .
As an outcome of this lecture and discussion, we can consider coming back over the contents of paragraph number 32 of NETmundial Outcome Document
I agree with Mr. JOSEPH JOUTE: Security (Cyber Security) is the top ranked issue to be faced in NETmundial context. Cyber Espionage (no euphemisms), sophisticated Cyber Crimes and Cyber Attacks, from one state nation to another (attacks oriented to damage critical infrastructure systems in the attacked state) put “Security” as the top priority of NETmundial (just my opinion).
It is impossible, according to my opinion, to disagree with Mr. Rishab Bailey.
Main topics, today, in the context of The Internet Governance are: Cyber Espionage, sophisticated Cyber Crime and Cyber Attacks from one state nation to another.
These threats are the most important challenges to be faced.
A NETmundial clear position against Cyber Warfare, Cyber Crime and Cyber Espionage should be explicitly mentioned in the Outcome Document.
Clear instrumental lines, to fight against Cyber Warfare, Cyber Crime and Cyber Espionage should be also pointed in such NETmundial Outcome Document.
I think that, an important discussion about Cyber Warfare, Cyber Crime and Cyber Espionage will facilitate and improve The Internet Governance Principles we finally agree (just my opinion).
I would like to receive alternative points of view from the other distinguish and high qualify paragraph 32 commenters.
Valuable and interesting previous point of view.
That opinion deserve all my respect. Now please imagine a) Blowing up a nuclear facility, belonging to another state nation, using The Internet. b) Hacking a bank saving account belonging to a retired teacher using also The Internet.
Both cases are from real world. We could say, according to previous comment, two cases are violations of “safe use of Internet technology and technology itself”. Problem is that, essentially, both examples are completely different. We would be facing a homonymy scheme; same denomination, different nature.
Please consider that, the main condition to be accomplish by NETmundial Outcome Document is to be useful. I think that, precondition to be useful, is to be extremely clear. Naming Cyber Warfare to Warfare using The Internet (and so on) could have its own advantages. Are you agree?
A comprehensive alternative of paragraph 32 (draft to be improved):
It is necessary to continue work, with high priority, pursuing international agreements on topics such as cyber warfare, cyber espionage and cybercrime, especially organized transnational cybercrime. Additionally, jurisdiction and law enforcement assistance issues, to promote cybersecurity and prevent unlawful o military uses of the Internet, should be internationally analyzed. It is also necessary to ensure the stability of all processes on the Internet. Discussions on those issues should be held in a multistakeholder manner and in a context of international cooperation.
References: Please take a look at
Thanks for your patience, please improve my proposal!
Mr. Jeremy Malcolm: Very good remark. Thank you very much.
I do not support the inclusion of the phrase “in their respective roles and responsibilities” in this paragraph. This is an outdated phrase meant to favor governments above other stakeholders in decision making. This paragraph should instead mention “equality among stakeholders” (i.e. no stakeholder is more important than the others).
The centrality of human rights in Internet governance principles must be strongly emphasized, and in particular the need for enforcement of these legal rights, as too often they exist is abstract theory only. Internet governance policies should be aligned with human rights guarantees.
The actual words in Article 19 of the Universal Declaration of human rights guarantees freedom of expression “in any medium” and its omission from this document is an erosion of that previously agreed human right. The guarantee of free expression “in any medium” should be added to this document so as not to lose existing rights in cyberspace.
The word “arbitrary” should be removed from this clause because it provides a giant hole for driving a truck through the guarantee against interference with free expression.
This paragraph on privacy provides far too weak protection for privacy – which is more vulnerable online than offline. Removing the word “arbitrary” from the clause would be a good start, given the ease with which surveyors claim they have a reason to spy, and thus their spying isn’t “arbitrary”. It also seems to imply mass surveillance is okay – because it isn’t “arbitrary” – it applies to everyone.
The mere mention of the word “surveillance” in this clause is insufficient to give it the attention it deserves. These principles should clearly eschew surveillance given its growing practice and unacceptability in a world that values human rights.
Add a sentence that confirms those institutions who set Internet governance policies, such as ICANN, have an obligation to align their policies with legal privacy protections. If these institutions want to govern, they have to take on a responsibility to align their policies with human rights protections or they lack legitimacy to govern.
The clause wrongly states the the Internet is currently unfragmented, coherent, etc. and that is factually not correct. I agree with the others who recommend dropping the words “continue to be” at a minimum. And actually I’d prefer dropping this entire clause as I could see reasons for allowing competition among DNS providers, given certain conditions. I haven’t yet bought into the One True Root Religion.
Stakeholders are not mere “participants” – we should drive the process. These IG principles are too weak since as long as there is an opportunity to participate (email a public comment to ICANN to be ignored) there has been an adequate hearing of issues. Participation is not the right standard – Stakeholders should be the LEADERS in these fora, not mere participants. These principles do not do justice to the bottom-up process, where decisions are made by the people who have a stake in the issue and are doing the work to find consensus.
The omission of “bottom up decision making” from these principles is glaring and troubling. This paragraph should explicitly state that decisions should be made in a bottom-up fashion by the people who have a stake in the issue and are doing the work to achieve consensus.
We should know more than just the process followed, the reasons decisions were taken should be documented and published as well. The arguments provided for and against decisions should be documented and published. Who voted and how s/he voted should be documented and published. These points need to be added to this clause before it can be labeled as something that addresses transparency.
EXTERNAL checks are needed for accountability. And we need “meaningful” mechanisms, not just ones that exist on paper. Take for example the ICANN Board’s 2013 decision to change the standard for anyone to win an Independent Review Panel to a std that is so impossible to meet, it has eviscerated the IRP process as any meaningful check on ICANN for not following its own rules. Sure, there is a “mechanism” the IRP, but it has been rendered so nearly impossible to actually win, it is a meaningless mechanism for achieving organizational accountability.
This should be more explicit and state that DECISIONS should be bottom-up – not just the “process”. Emailing a comment to ICANN to be ignored is a bottom-up process, but it isn’t bottom-up decision making. That’s an important difference! Stakeholders don’t just want opportunities to participate in meaningless busy work while the decisions are taken by a few insiders behind closed doors.
I agree with the earlier comment that this clause should add language to clearly state that no category of stakeholder should be advantaged over the others as well.
I disagree with the proposal to elevate intellectual property rights to human rights and there is no international agreement which supports doing so. Intellectual property regimes generally promote business and commercial interests and investments. Human rights are fundamental, inalienable and universal entitlements belonging to individuals. Intellectual property rights are first and foremost a means by which states try to incentivize creativity and dissemination of knowledge (in theory at least). Intellectual property rights are generally of a temporary nature, and can be revoked, licensed or assigned to someone else. Intellectual property rights may be allocated, limited in time and scope, traded, amended and even forfeited (narrow exceptions for moral rights). In contrast, human rights are timeless expressions of fundamental entitlements of the human person. It would be a mistake to conflate intellectual property rights with human rights.
I support the suggestion to replace the phrase “unfragmented” with “interoperable” because interoperability is really the goal we want to achieve.
Permissionless innovation is at the heart of the reason why the Internet has been able to flourish and benefit everyone’s lives. It would be a shame if the intellectual property lobby were able to kill yet another key driver to innovation by devaluing the importance that this principle has held for improving humanity. Remember this is the same IPR industry that swore VCR’s would be the death of the film industry, and promised MP3 players would be the end of the music industry — even fought against piano roll players when they were 1st introduced and threatened the industry’s business model. But in every instance, the industry has been forced to adapt and has found even more money by selling video tapes, mp3 recordings, etc. The established intellectual property industry has been terrified of the Internet since its inception, but one thing that has been proven time and again is that innovation should not be stifled to benefit industries and business models of the past. Let’s not let the latest “sky is falling” rhetoric from the IP industry kill what is so great about the Internet. Keep “permissionless innovation” in the text and be on the right side of history.
This clause is an important recognition of the unprecedented value to humanity that the Internet provides with its ability to provide education to the poor and spread knowledge to the world as never before possible. I support this clause as it is currently written, and strongly oppose any attempts to weaken it by carving-out exceptions for special interests such as intellectual property.
I support the inclusion of this clause; I would just add “but not limited to” after the word “including” in this sentence.
I support maintaining the text’s reference to personal data protection and surveillance as privacy issues needing addressing.
I agree with the earlier proposals to replace ‘should remain a’ with ‘should be a’ in the third line of the paragraph.
I agree with the proposal to add “decentralized” to the open system architecture.
“Bottom-up decision-making” should be a key principle included on its own right, as that is the democratic principle required for any decision to have any legitimacy. Governance is illegitimate without the consent of the governed. ICANN and other IG institutions boast about being “bottom-up” as a laudable principle of good governance, so “bottom-up decision-making” should be included as a key principle of good Internet governance also.
I support APC’s more inclusive re-formulation of this clause to: “Multi-stakeholder: Internet governance processes, policies and decisions should respect and support the full participation of all affected stakeholders, including governments, civil society, the private sector, the technical community, academia, current and potential users.”
The first sentence should be amended to: “Anyone affected by an Internet governance process should be able to participate in that process including its decision-making.”
I support APC & Malcolm Hutty’s proposal.
This section is labeled “Privacy” and is about guaranteeing online privacy protections. It seems like some are just blindly commenting on every clause to demand more intellectual property rights without regard to whether the demand relates in any way the the topic being discussed in the clause.
I support Joanna’s formulation of the clause.
I agree with George Sadowsky’s observation on the subtle distinction between trust and reliability.
I agree with Niels Ten Oever’s suggestion to add the the words “in line with human rights”.
For those who fancy themselves the “creative” industry, these boiler plate comments don’t reflect much creativity.
I share the concern of many others that this version of the document has dropped the language about discussing separation between policy processes and operational aspects, which is one of the most important issues to be debated in this entire undertaking.
Add the words “external and meaningful” before the phrase “accountability mechanisms…” to provide some description to the intention to create checks and balances.
I don’t agree thèse issus need highlighting as requiring special focus for continued work.
Why wasn’t ICANN mentioned here? Doesn’t ICANN address policies that govern the use of the Internet? Its omission seems odd, even with the and other language.
Decision-making should be bottom-up and this clause should clearly state that “in accordance with democratic values, decision-making should be bottom-up.”
This clause should add that decision-making should be bottom-up, in keeping with democratic values. It’s great that the clause mentions inclusive, transparent, and accountable, but it should also say “bottom-up decision-making”.
I agree with Mr. Shatan and am concerned with the phrase “in their respective roles and responsibilities” in the clause as it just seems to be a back-handed way for governments to advantage themselves over other stakeholders.
Given the clear lack of common understanding for what the phrase “enhanced cooperation” means, it should not be included in this document.
I also support the proposal to include mentioning the necessary and proportionate principles, which are based on internationally-accepted legal principles.
Mass surveillance is, by definition, disproportionate, as it knowingly targets innocent people. Mass surveillance is a clear violation of human rights and this clause should clearly state that it will not be tolerated.
Amend the first sentence as follows: “Stakeholder representatives appointed or elected to multistakeholder Internet governance processes should be selected through open, democratic, and transparent processes.” Let’s infuse a little democracy into these principles, please.
These same responsible IG organizations should also be required to align their own policies with human rights principles, such as the organization’s policies that address user privacy, due process, and free expression issues.
These initiatives to improve cybersecurity and address digital security threats must also take into account and be balanced by human rights. The text should mention to need to balance these initiatives with human rights such as due process of law and other legal safeguards.
Perhaps because it has nothing to do with the issue being discussed, the representation of stakeholders?
I support Avri Doria’s suggestion to extend the conversation beyond the I* orgs as well.
Perhaps it is possible to make it clearer what is this “model” about? Is it really a “model”? Does it make sense to think of a “model” for multistakeholder contribution to Internet governance? One cannot identify any “model” just by reading the final text of the Tunis Agenda for the Information Society.
The relationship between constitutional guarantees ( assurances offered by the constitution ) , and Human Rights incorporated into international treaties recognized by it, in the digital environment , must be studied in a cooperative and complementary way to find strategic responses to conflicts are emerging online , mainly from the field of internet users ; and comprising the new customs and practices them in the World Wide Web . Universal values and international cooperation are the basis for building a better society and Internet governance more egalitarian (real, structurally ) , with greater involvement of all sectors within the Internet ecosystem.
I think it could positively influence a greater awareness of human rights and constitutional guarantees online, to decrease the digital divide and all citizens can equally enjoy the benefits of Internet and participate more actively in the defense of their rights and fulfill their obligations .
The human rights treaties create obligations of States citizens, respect for the dignity and worth of the human person (Vienna Convention). The inter-American system for the protection, promotion and respect for human rights, Inter-American Commission (OEA), international treaties incorporated into the constitutions than creating constitutional laws do not contradict Hierarchy as the Basic Law (at least in Argentina, by Article 75, paragraph 22, constitutional status by constitutional engineering, the Principal, the Pact of San José de Costa Rica. a respectful greeting to all. Thanks for allowing us to participate is an honor mutual enrichment, we learn together.
It would be helpful if “information” could be defined. Too often “information” is assumed to include entire copyrighted works. Copyright owners must be protected.
“Share” should be replaced with a more specific word. Ideas and facts should be free to publish, distribute, and access, but the expression of ideas and facts is often copyrighted. In-copyright textbooks, articles, works of fiction etc should be vigorously protected, as should the rights of the original creators and copyright holders.
“Information” should be closely defined. Presumably this document is not intended as a charter of rights for copyright infringers.
Please define “data packets”. How will this comply with WIPO, the Berne Convention, and other treaties?
“Permissionless Innovation” is a euphemism for finding new ways to exploit others without their knowledge or consent.
It is easier and cheaper to ‘disrupt’ musicians’, authors’, artists’ income streams and to violate their copyrights and hide behind the “opt out” model. What that means is that “might is right”, and it is okay to breach copyrights unless and until the copyright owner finds out about it and expends the time and money necessary to protect their rights.
“Permissionless” should never be used in any serious legal document concerning rights and governance.
Well said.
Hear, hear. You are absolutely correct.
Good point. Too many “privacy” services are explicitly to protect criminals and those who violate the rights of others.
good point.
True. Sites such as Zabasearch, Intellius, Spokeo and many others make a profit from exposing and selling the private information of others.
Are you saying that anyone with any disability at all should be relieved of any obligation to pay anything at all for their enjoyment of music, movies, literature?
“Persons with disabilities” should be defined.
The Chafee Amendment in US Copyright Law was intended to ensure that persons with serious, documented PRINT disabilities could have access to copyrighted works in a form that they could enjoy.
I do not believe it was intended to permanently strip copyright protections from creators so that anyone who claimed any type of disabilty (even back pain) should be entitled to free entertainment.
Well said.
The trouble with the law is that it discriminates in favor of copyright infringers. It costs a copyright infringer nothing to infringe someone else’s copyright. His (or her) only risk is that the victim may discover that they are being exploited and ripped off.
If the victim discovers that they are being ripped off, they must expend time and other resources to attempt to prevent the injury.
There is no restitution for the injured author, musician, photographer, artist etc. The only cheap remedy is that the theft stops.
Any other remedy is lip service. If an author sues, the process is costly. If the author wins, the villain does not pay.
I agree with Greg, Leon, and Paul.
Thomas,
OCILLA (the Safe Harbor) shelters are too broad, and have serious flaws in that “red flag” is not defined.
The current law makes the DMCA process onerous and exposes copyright owners to identity theft.
If OSPs such as EBay can oblige users who wish to generate content to specifiy exactly which postal carrier will deliver any auction item, to which countries, at what speed, and at what cost…. it should be possible for every site that relies on UGC to have a compulsory questionnaire that uploaders must complete before being able to publish and distribute any content created by someone else.
For instance, Did You Create The Original Version Of This Work? Did You Register This Work With The Copyright Office? Did Someone Else Register A Copyright? Whose Name Is On The Copyright Notice On This Work? etc.
Ian,
Content is a vital part of the internet, and the original content creator (copyright owner) must give permission and be protected and rewarded in some way.
Much of the “innovation” and “disruption” on the internet involves helping users to find illegally uploaded “free” copies of copyrighted works; helping users to widely publish and distribute illegally created and uploaded copies of copyrighted works; helping users to hide their identities while doing the above; helping users to upload or download illegal copies of copyrighted work more quickly; helping exploiters to set up and monetize illegal “libraries” or provide links to cyberlockers for subscribers… for profit; finding ways to destroy or undermine established business models; using copyrighted materials as a phishing lure for credit card fraudsters and identity thieves.
Modern, enlightened global governance is sorely needed.
I was thinking of Aereo when I posted.
Well said, Mark.
Perhaps “create” should be replaced with “express”
There needs to be language to recognize intellectual property protection and the rule of law generally as key ingredients of sound Internet governance. I believe a strong vibrant internet is core to the future of independent artists but all creative and innovative people, such as photographers, need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
This is actually a very weak statement, as “arbitrary,” could be taken to mean, “there is no right to offend,” which essentially eviscerates the force of “free speech.” Inserting “arbitrary” without definition is an open door to eliminate free speech in all but the most trivial of cases.
Does data hear mean metadata? This probably needs clarification.
What about my right as a producer of intellectual property to restrict access to or expect payment for what I produce?
Does this include copyright protection, and the right to not allow access to my product without payment where it is made available subject to payment for the right to access it?
Does this mean strengthening of copyright protection for individual creators? We believe this is an important right for all creators.
What restraints will you impose on Google to achieve this?
Again, what do you plan to do to curb Google?
The UDHR is the proper starting point for articulating rights within the Internet ecosystem. However, A rush to endorsement without a deeper understanding around policy and implementation risks a “Rights Regime” for the Internet ecosystem that, at birth, would be at serious risk with regard to its stability and sustainability. There is a need for deeper knowledge, understanding, and agreement of how principles are turned into policy and practice. [It is not clear, for example, that even national governments (as powerful stakeholders) understand or agree with what is meant by a “multistakeholder model and process”, or what is means to go from a denizen within the Internet ecosystem to a “citizen/stakeholder” exercising his/her Internet ecosystem rights.] There are lessons to be learned here from the history of UDHR. There are also challenges that call for more than experiential learning, they call for focused efforts at greater understanding by all, in order to bring greater awareness and effectiveness to engagement. For meaningful participation stakeholders need collaboration and dialogue decide where and how, at which level, and in what governance venue, to best pursue policy and implementation of the endorsed principles. In the rush to define principles this “how to” strategy is being overshadowed.
There is need for a proper metaphor for talking about the Internet itself as the “glue” of the Internet ecosystem. One approach is to view it as a public good much like gravity. Gravity is everywhere the same. While we may have different means, different vehicles, and face different traffic regulations, common gravity gives us common traction for motion. Global Internet policy is to create a human built Internet infrastructure that supports the Internet ecosystem much as gravity supports the earth’s natural ecosystems. Other Internet policy will be at other levels of governance, or the result of covenants, international treaties, and the like.
(& Para 22) The principles that articulate the Internet denizen’s “citizen’s rights” will not in and of themselves govern the Internet or define the citizen’s rights and obligations. That will be determined elsewhere, in different fora (e.g. covenants, national and local levels of government). As with the UDHR, the principles will serve as navigational aids to help shape policy and practice, and should serve as criteria for monitoring and accountability. This requires multistakeholder understanding and involvement well beyond just the framing of Internet ecosystem principles. It involves dealing with monitoring and accountability. This requires ongoing dialogue and engagement in policy and implementation at all levels of governance, and efforts to reach wider stakeholder cohorts and constituencies and assisting them in becoming knowledgeable and skilled in such engagement.
The roadmap correctly understands that the journey is one of “…continuously improving the existing Internet governance framework.” The UDHR lessons learned suggest that policy and implementation will not, should not, and cannot be carried out within a single global policy structure. The core principles set the standards, but the legislative and judicial aspects of rights are handled elsewhere, by policy and practice at various levels of governance. For the UDHR that goes from the global (e.g., International Court of Justice, the Hague) down to the national (e.g., Brazil’s Internet Bill of Rights, and the European Union’s data retention laws) and local. The UDHR spawned multiple civil, political, economic, social and cultural rights covenants; some embedded in international treaties; and used by governments and multiple stakeholders to advance and protect human rights. The principles of Internet governance, supporting Internet citizen’s rights, will involve a similar layered process around policy and implementation. That will require an ongoing learning process within a dialogue between stakeholders in various global, national and local fora, whereby Internet denizens become Internet citizens, come to common understanding of issues (on which they may disagree) and be actively engaged in driving policy and implementation within various levels of governance. There is a tremendous need for broader and deeper stakeholder awareness and engagement here. Ask your Internet stakeholder neighbors what they think of the following sentence: “Internet governance calls for a multistakeholder process and new forms of sovereignty”. Count the red warning flags that go up.
The different roles of stakholders should be discussed and specified and then be considered by all other stakeholder groups. By nature each group has another focus and can contribute differently. We should define what kind of contribution each sh group is able to deliver – allowing them to participate meaningful to a decision making process. Participation just for the sake of participation will not turn into any valuable action.
“…its meaning clarified…”
I believe it is time to do so and I tried to express this in my comment above. This could be the elaboration of the Tunis definition and we are in a better position now that we are all more experienced and the IG process is established. Neelie Kroes states: “I continue to strongly believe that the outcomes of NETmundial must be concrete and actionable, with clear milestones and with a realistic but ambitious timeline.” In my opinion this goes into the same direction.
IMHO this is somehow said in para 4 and others already, repetitions should be avoided in order to make it simple to read and understand.
We should also better use the national and regional IG initiatives to be creative and experiment on how to provide valuable outcomes. A closer collaboration between the IGF and its national and regional children would help.
“Equal participation among all stakeholder groups” is an illusion.
I think it is not and you describe very well how equal participation could look like from “What we need is to empower…[onwards] “
While Open Standards are necessary, it is also important to consider the role of Free and Open Source Software (FOSS) which, offers an ethically superior technology option that is at the same time robust, unrestrictive, and cost-effective.
As the next two billion users are poised to join the Internet–with geographic, demographic, gender and technology-access profiles that are significantly different from the first billion–only FOSS can ensure inalienable freedoms to/on the Internet that will enable free and unrestricted use of the Internet for all users. The availability of FOSS-based tools and technologies–particularly reference implementations of all Internet protocols–will enable users to fully leverage the benefits of the Internet.
While Open Standards are necessary, it is also important to consider the role of Free and Open Source Software (FOSS) which, offers an ethically superior technology option that is at the same time robust, unrestrictive, and cost-effective.
As the next two billion users are poised to join the Internet–with geographic, demographic, gender and technology-access profiles that are significantly different from the first billion–the use of FOSS can ensure inalienable freedoms to/on the Internet, that will in turn enable free and unrestricted use of the Internet for all users.
Any forward-looking Internet Governance framework should further support the development of FOSS-based tools and technologies–particularly reference implementations of all Internet protocols–and also strengthen these initiatives with the requisite resources so that communities can themselves ensure safety, security and robustness of the software used (the Heartbleed bug is not a setback for FOSS, but is a demonstration of its inherent strengths…we still do not know how many deadly bugs are lurking within proprietary software whose source code our communities do not have access to).
The Multistakeholder Internet Governance model has to evolve into a rigorous and systematic discipline borrowing from the best available models of public participation in technology use. In particular, the Free & Open Source Software (FOSS) model that has inspired several similar developments in different disciplines including Governance, provides a set of interlocking concepts that emphasize deep & direct stakeholder participation in governance; public strategy creation; white-box reporting, monitoring & dispute resolution; and all the requisite technological tools (that are created with stakeholder participation).
Such a model of “Open Source Internet Governance” would be ideally suited for the requirements at hand.
strongly agrre with this comment
i support what Rishab Bailey had said, +1
Coincido con Robert los derechos deben de ser protegidos mas allá del soporte tecnológico en que se basen…
Sugiero que diga: “Múltiples partes interesadas: con la plena participación igualitaria y equitativa de los gobiernos, el sector privado, la sociedad civil, la comunidad técnica, academia y los usuarios en todos los ámbitos de responsabilidad debate y decisiones.
coincido con FATMA ELKORY OUMRANE
I will attempt not to repeat what has been said. Its quite difficult to strike a clear distinction on what “online” really means. Is it a LAN or a WAN or systems linked on the Internet connetion itself. I think it should be clear if the framework is targeting the Internet or computer network (which exceeds internet). I will suggest using the word “off-internet” and “on the internet” respectively.
I agree with this view. I think its safer to have a clear point of contact being the Internet. I believe the statement will apply to whatever future technology that emerges so long as its using the Internet network as a medium.
Just to note that the document should stick to a particular scope (term); if it implies internet by saying online then the document should explicitly say that. This comment applies to every other occurence of online vis offline
As a singer/songwriter, I fully intend to have the internet be a formidable part of my retirement scheme. There must be always be ways to protect me personally, my business as an online entity, and the material which I have written and recorded for my own use as a tool for income. As it stands now I have the right on any of my social networks to decide what to allow into the public domain for free and what I will charge for. I am not so naïve as to think it cannot still be stolen and used without my permission, but PLEASE….do not take away my rights to seek proper compensation for my work. PLEASE….. do not just open all the gates and allow rustlers and carpet baggers free range on our intellectual property.
Please keep in mind that innovation is also driven by creativity. While innovation is very important, it’s also important that creativity be encouraged, respected and yes, rewarded.
Artists and creators don’t exist simply by creating-their works need to provide a way for them to exist as well. Protecting the rights of creators helps drive innovation because they can continue TO innovate.
I think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
+1
What accountability is proposed for organizations that seek to subvert or undermine processes or standards for national and/or commercial interests? How do you propose that accountability and privacy/anonymity coexist? How, for example, would the case of dissident blogger hailed as a hero in one country, and a hate-speech promulgating terrorist in another be reconciled?
“Universal” in the context of this document (and many others, such as the “universal declaration of human rights”) refers to something applying to everybody, whereas “distributed” refers to the structure of a thing or the governance of that structure. For instance, even in a society with fully _distributed_ governance, there can be upheld a _universal_ right to life. These are therefore not mutually exclusive.
The internet is an incredible tool and resource. To share ideas and information is imperative to the further development of humanity. The internet should be used in such a way to enhance lives while protecting the intellectual property rights of those creating the content.
The internet is an amazing and key tool in the daily life. I believe in full rights to access & create content. Sharing and distributing information is an important viable element of the internet. However this feature should protect the creators intellectual property from being misused without compensating the creator for the usage of their content.
I absolutely agree with Mr. Richard Hill on this
I absolutely agree with Mr. Richard Hill on this
This was inserted just to show how much people oppose this idea, right?
I’ll bite. The U.S. music industry doesn’t let people get away with “permissionless.” Why should that creative output be treated differently?
People should respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
This paragraph is deficient in failing to recognize the fundamental importance of intellectual property rights and the rule of law in fostering an innovative environment. The reference to “permissionless innovation” should be replaced with a reference to governance “promoting an Internet environment in which intellectual property rights are respected within a framework of the rule of law.”
Strongly support the change made in the bolded text. There seemed to be a clear understanding in the initial preparations for this meeting that it would not seek to achieve binding outcomes though its results certainly might contribute to such outcomes in the future.
Agree. What Javier is talking about resembles public access, of the sort provided by community public access points such as libraries. We must guard against only referring (paragraph 23 below) to affordable access and go further by recognising the need to provide public access to the tens of millions of people worldwide with no other means of getting online.
This paragraph needs a reference to public access to the Internet – affordable is not enough. We must be aware that tens of millions of people go online everyday through public access points such as libraries as they are unable to afford the hardware or connections to go online at home or via mobile. Without such access they will be unable to participate in the information society. Suggest either a) adding ‘public’ after affordable or b) adding ‘,including public access,’ like so:
Internet governance should promote universal, equal opportunity, affordable and high quality Internet access, including public access, so it can be an effective tool for enabling human development and social inclusion.
By doing this we will recognise public access as an important element of an accessibility principle.
Agreed. This is a high level principle in line with Article 19 and paragraph 3 above. The inclusion of this principle should not impact the legal frameworks that govern use and re-use of copyrighted information – they will continue to exist.
“Rough consensus” instead of “open consensus”. “Available to all” does not guarantee “implementable by all”. In the last sentence, since “innovation” is meant to cover the “right to property” we should spell out “human rights” such as “access to knowledge as a precondition to “right to freedom of speech and expression” and “right to privacy”.
Suggest replacing “distributed” with “decentralized or decentralised” since more people are familiar with decentralization theory and practices in governance.
Please include language that makes it explicit that both “proactive disclosure” and “reactive disclosure” of all information that does not fall into a narrow list of exceptions [IPR, personal information, etc.] will be mandatory for all entities involved in Internet Governance. This is already the national standard for governments where there is a “Freedom of Information / Access to Information / Right to Information” Act. Proactive disclosure only as is predominantly the case with Open Government Data Policies are insufficient to establish accountability for multistakeholder organisations. Additionally there must be proactive disclosure requirements for all participants in the multistakeholder process. This helps prevent gaming of the process.
Please add “… achieved by mandating adherence to principles of Universal Design to make Internet products/services/content inherently accessible or through reasonable accommodation to ensure that no extra effort by the disabled.”
Since “privacy” as a human right can interfere with other rights such as “freedom of expression” and “freedom of information and access to information” – ideally public interest test must be used to deal with the power asymmetries. In other words, privacy protections must be inversely proportionate to power and transparency requirements should be directly proportionate to power. Just listing human rights one after the other without tackling how they affect one another is insufficient.
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
Just as a creative person who writes the words or notes to music that are protected from copyright infringement so should the creative art of a graphic designer, illustrative artist or photographer remain protected.
I think that my creative output is equally important to a vibrant internet and part of that is to respect my rights to ownership of my creative work. I am completely against permissionless innovation.
Reading through all these comments it appears that there are various connotations as to what ‘permission-less innovation’ means! On one hand I, as a photographer, would hate for it to mean that anyone can use my images without paying for them but if it means that people are free to innovate without permission then I would support that. I believe the statement needs to be more clear as to what it means BUT it should reflect an individuals right to be paid for something they have created.
constributions -> contributions
futrher -> further
Creators promote innovation and creativity in their daily lives, and strongly believe that there should be no central authority that acts as a gatekeeper to innovation. However, the term “permissionless innovation” is often stretched to include incursions onto individual’s creative, personal, and intellectual property rights.
The internet should certainly not be a tool for the exploitation of individual creators. The public is only served through sustainable innovation that respects the rights of all individuals.
Article 27(2) of the UDHR protects the right of creators to the moral and material interests that result from their creative labors. These rights are given force through the International Covenant on Economic Social and Cultural Rights. These are central rights that states are accorded affirmative duties to protect. They are also central to many discussions of internet governance, and thus should be afforded prominence in the discussion on human rights here.
As an author of ebooks, my rights require that my copyright of my work is respected and protected. What can we do about ‘pirate sites’ that offer copyright work for free – so that the creater of the work receives no money? This applies not only to ebooks but to music, plays or any other creataive endevor.
PROTECT COPYRIGHTED WORKS.
Russian comments on a draft outcome document of the Global Meeting on the Future of the Internet Governance (NETmundial):
The Russian Federation has carefully analyzed a draft outcome document which in fact includes two separate documents: Internet governance principles and Roadmap for the future evolution of the Internet governance.
We agree with the representatives of civil society who doubted the conceptual basis and unclear terminology used in both documents
(for instance, “Internet governance”, “multistakeholder model”, “stakeholder”, “interested parties”). It’s obvious that before making any recommendations we need to have internationally agreed, uniform terms and concepts that we are going to follow after the NETmundial. Having said this we need to clarify the terms mentioned above or substitute them for more specific and understandable wording.
We also echo the arguments made by some academicians who suggest to add the term “responsibilities” in all cases when the documents refer to the roles of all stakeholders”.
Moreover, the Russian Federation fully shares the views expressed by the representatives of civil society who think that due to the original spirit of the NETmundial the draft outcome document should not have any binding or resolutive language. Thus, we strongly recommend not to use in both documents such obligatory terms as “should”, “shall”, “must”, “have to” and replace them by the words of encouragement, invitation or expectation of some possible actions or measures.
We also believe that the titles of both documents are rather ambitious. With contributions made by representatives of only 46 countries and very limited number of issues tackled, these documents could hardly be acknowledged as comprehensive principles or decisions.
Please see NETMundial Future of Internet Governance draft outcome document with corresponding comments and proposals according to the contribution Russian Government Contribution to NETmundial https://minsvyaz.ru/ru/doc/?id_4=1091
The internet at it’s core fosters creativity. To promote permissionless innovation, violates the rights of artists, photographers, musicians and all creative people to have their work taken from them without compensation. Without protection many of us will not continue with our art if it is subject to unprotected theft on the internet.
We have a problem, let’s fix it, non just sweep it under the run and ignore it.
The “permissionless innovation” clause should remain. If anything, all of the hostile feedback aimed at it illustrates precisely WHY it should remain.
What would have happened to the printing press if its inventors had been required to get permission from anyone whose “interests” might have been adversely affected by it (i.e., from the places that produced illustrated Bibles one expensive hand-written copy at a time)?
Think the merchants of horses and buggies would have been eager to give “permission” to innovate to the people who came up with automobiles?
More recently, how about the way the motion picture industry fought the VCR (and lost, and then made a mint from the VHS tapes and DVDs and Blu-Rays they only sold because they lost)? Or the way the music industry fought selling music online until they were dragged kicking and screaming into doing that by Apple (who proved that people would pay for music downloads – if the gatekeepers would allow it, instead of using the withholding of their “permission” to strangle an emerging market)?
Internet governance must, of course, operate in accordance with the rule of law. This is already addressed by paragraphs 15 (“full participation of governments”), 16 (“open, participative … governance”), and 18 (“accountable”) as well as by the fact that national laws themselves already take precedence over private guidelines. The other comments here attacking the idea of “permissionless innovation” mostly fail to grasp the concept that “permissionless” does not mean “free to break the law”. Rather, it means “free not to have some PRIVATE party enforce their OWN interests on you (which may or may not correspond to the intent of the law) BEFORE the fact, and WITHOUT due process”.
Or to put it another way, in a free society, one does not need to get permission to carry out most actions that one believes to be legal. One is free to do everything that is not explicitly forbidden. It is in totalitarian societies where things work the other way. The Internet has not been, and should not be, a totalitarian society, even in the name of “respecting” copyrights.
The “problem” with the law is that it discriminates in favor of “innocent until proven guilty”?
In a free country, that’s not a bug. It’s a feature.
Rowena,
I find it interesting that you list “finding ways to destroy or undermine established business models” in the same breath as illegal activities.
Last time I checked, destroying or undermining established business models was not illegal, and was considered to be a normal part of free-market capitalism.
If you are running a small bookstore, and I open up a Barnes & Noble next to you, which offers better selection and lower prices, that will pretty much destroy and undermine your business model. But it is not illegal, and nor should it be.
If you are in the pay-phone business, and you see your revenues drop to nothing because near-universal ownership of cell phones has eliminated the need for your product, same thing. But that does not give you the right to demand that cell phones be banned.
Likewise with the Internet.
I fully agree that “Rights that people have offline must also be protected online,” yet I see no mention of protecting the rights of creative people. Please address this issue in a prominent way. As a concerned professional photographer and educational media producer, I know that our copyright laws must be respected and enforced online as well as off-line if the professional creative community is to survive.
A Suggestion: I would like to see an internationally adopted, graphically conspicuous icon or logo that could be placed in the header of a home page/web pages that contain content that is protected by copyright law and must be licensed for use by others. Such a system might deter infringement more effectively than copyright notices “hidden” in the owner’s Terms of Use or in the footer of his/her web pages.
Creative content has been an important driver of demand for infrastructure enabling Internet access. Time Warner Inc. feels that this principle should acknowledge that the production of creative works is a human right recognized in Article 27 of the Universal Declaration of Human Rights. We urge that language calling for “permission-less innovation” be struck and replaced with language stating that an enabling Internet environment also allows authors, musicians, and other creators to benefit from their moral and material rights of authorship and creation as recognized in Article 27. This would also make this principle consistent with language in the Human Rights section that references the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights, which includes the rights of authors/creators.
Why does this para studiously avoid specifically stating the actual phrase “Network Neutrality” Is this the concept what the authors are attempting to be conveyed here? Is there a reason for avoiding including this term in the document? This gives short shrift to the work in this important and increasingly critical area by Wu, Weitzner, Cerf, Berners-Lee and other major thinkers. I respectfully recommend that “Network Neutrality” be specifically included in relation to speaking to the issues being addressed in Para 12.
I agree that the sentence structure starting with “full participation of governments … ” may be unnecessarily provocative. I agree with the reformulation proposed by @Marlon in stating “with full participation of [ALL] stakeholders, INCLUDING <>”. However, the question of what “full participation” means arises … does this mean “Equal”? “Equitable”? “Inclusive”? (see Para 19) Does it mean that if certain stakeholders – including governments – are not participating at all (i.e. are absent or silent) or not participating “fully”, that the process must wait until they are involved? Not an easy question. Perhaps the words “inclusive” and “equitable” are more suitable here.
@Leon – I see your concern – and I do think this formulation may be problematic for non-native English speakers due to the nuances of the sentence structure.
I support the inclusion of specific language referring to the inclusive and equitable participation of stakeholders from developing countries (i.e. not simply referring to the term “countries” which can easily be taken to mean “governments”). As a citizen of a Small Island Developing State, I also support a specific reference to the inclusive participation of stakeholders from Small Island Developing States.
I Completely agree with Time Warner Inc. “Permissionless” is completely unexceptable and should be changed to there recommendation. I think a strong vibrant internet is core to the future of independent artists but that all types of creative and innovative people need to respect one another’s creative output and the concept of permissionless innovation rejects this notion of respect.
governance is the application or implied threat of force towards a goal. coordination is working towards a goal based on mutual interest.
the internet names & numbers only need coordination not governance. although, the coordination has to happen along existing internet principles (like openness & transparency) so we can make sure that commercial & registry power isn’t used as force against internet users.
-tc
The UK Government believes that the document constitutes a very substantial achievement on behalf of the High-Level Multi-stakeholder Committee and the Executive Committee. The document forms a good basis for achieving consensus in Sao Paulo next week, striking the right balance between a clear level of commitment to the multi-stakeholder model, and aspiration for its continued improvement.
The word “legitimate” suggests a legal process which does not apply here, so the UK Government suggests replacing this word with “globally supported”.
The UK Government proposes the following alternative text in order to make clearer that the text on the right to privacy is about the avoidance of unlawful or arbitrary interference with privacy, not about mass data collection which is addressed elsewhere in the text:
“Privacy: the same rights that people have offline must also be protected online. Everyone has the right to protection from arbitrary, unlawful interference with their privacy and correspondence.”
The UK Government urges caution with regard to language expressing a “right to access” because for example in cases of serious crime, this access might be legitimately curtailed through a legal process. We therefore propose the following amendment to the text:
“Everyone should have the right to seek, receive and impart information through any media regardless of frontiers.”
The UK Government proposes replacing the word “trustworthy” (more usually a human trait) with “reliable” when describing the Internet as a network.
The UK Government believes that enhanced co-operation is already taking place and therefore proposes amending the text as follows:
“Enhanced cooperation to address international public policy issues pertaining to the Internet must continue to be implemented on a priority and consensual basis. It is important that all stakeholders commit to advancing this discussion in a multistakeholder fashion.”
The UK Government proposes that this paragraph be entirely deleted because by referring to “selection”, this text conflicts with the earlier comment that the processes should be open to all stakeholders.
The UK Government does not agree with the implication that new mechanisms are needed; rather that this should be considered on case by case basis. We therefore propose the following text amendment:
“When there are emerging topics or orphan issues, consideration should be given to the appropriate mechanisms to address these.”
The UK Government strongly supports the need for greater clarity of IGF outcomes, best practice solutions and policy options. However, we propose deleting the reference to “recommendations” in this paragraph because it is not within the scope of the IGF for it to make recommendations which would require a process of negotiation.
The UK Government proposes replacing the word “coordination” in the penultimate line which suggests a top down process, with the term “information sharing”.
The UK Government believes it would be useful to expand this paragraph to include relevant skills development and proposes therefore the following additional sentence:
“It is therefore important to develop education on cyber issues at all levels as well as leading-edge academic research and development.”
The UK Government proposes the following amended first sentence to make clear that it is not yet agreed that there should be new forums and initiatives:
“There may be a need for new forums and initiatives. However, they should not duplicate but to add to current structures.”
As there is no reference to “mass surveillance” in international human rights laws, the UK government recommends deleting “including mass surveillance” in the second sentence (fourth line). We believe that the sense of the text would not be impaired by this deletion.
The UK Government considers that this section represents a limited selection of issues which are being discussed in various existing fora. It is not clear therefore what precise purpose this text serves and it might therefore be deleted without detracting from the rest of the document.
As we stated in our comments to the High-level Multistakeholder Committee, the United States deeply appreciates the work and effort that went into synthesizing the submissions to NETmundial and presenting a draft document that is overwhelmingly positive and productive. We likewise see the new draft outcome document as a honest attempt to capture the inputs received from the High-level Multistakeholder Committee.
Most critically, we remain pleased that the document continues to focus on a future Internet rooted in multistakeholder processes and institutions, as well as an Internet grounded in the values that have fruitfully guided its development, including respect for human rights, openness, inclusiveness, innovation, and many other critical features of the current Internet.
We are gratified that many of our edits were accepted into the document, and we believe the current draft is stronger as a result.
However, we do feel there are a few critical changes that should be made to the document to address concerns shared by many. First, the language in the human rights section blurs the distinction between long-established rights and other shared values that guide our collective vision for the Internet, in a way that risks undermining human rights standards and interpretations. Second, the document should focus on promoting cooperation to deal with cyber crime and cyber security instead of advancing controversial treaties or international agreements. Finally, we believe the principles and roadmap developed at NETmundial will be most helpful as a guide for future discussion or developments, in a number of existing bodies, and should not suggest new requirements or establish specific expectations, or promote the establishment of new mechanisms entirely.
While all the principles listed below are fundamental policy goals, some of the principles do not appear in internationally accepted human rights instruments. To not give the impression that NETmundial is attempting to create new rights or obligations, this section should be titled ‘Human Rights and Shared Values.’ The introductory paragraph should also be similarly revised:
Human rights are central values and universal as reflected in the Universal Declaration of Human Rights and that should underpin Internet governance principles, with other shared values. Rights that people have offline must also be protected online, in accordance with international human rights legal obligations, including the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights. Those rights and values include, but are not limited to:
The phrase “without arbitrary interference” does not appear in the ICCPR, and actually weakens freedom of expression by providing a lower standard for restricting expression than the ICCPR standard. We recommend the following:
“Freedom of expression: everyone has the right to hold and express opinions, and to seek, receive, and impart information on the Internet.”
In order to model the form of the free expression bullet, we recommend:
“Freedom of association: everyone has the right to association and peaceful assembly online, including through social networks and platforms.”
In order to model the form of the free expression bullet, we recommend:
“Freedom of association: everyone has the right to association and peaceful assembly online, including through social networks and platforms.”
If the point here is to discuss universal access to the internet, the point should be made clearly and with reference to non-discriminatory access. We recommend:
“Non-discriminatory access to the Internet: Everyone should access to the Internet, to share, create and distribute information.”
There is no consensus understanding of the term “right to development”. These changes are intended to underscore the shared commitment to development broadly and the importance that non-discriminatory access to the Internet can have on achieving that goal.
“Development: all people should be able to enjoy the benefits of development without discrimination and the Internet has a vital role to play in helping to achieve the full realization of internationally agreed sustainable development goals. It is a vital tool for giving people living in poverty the means to participate in development processes.”
We suggest replacing “equal” with “fair”:
The Internet should be preserved as a fertile and innovative environment based on an open system architecture, with voluntary collaboration, collective stewardship and participation, recognizing technical management principles for efficient and improved network operation and preserving the end-to-end nature of the network, fair technical treatment of all protocols and data, delivered by the underlying communications and seeking to resolve technical issues at a level closest to their origin.
We suggest replacing “must” with “should”:
Internet governance should promote open standards, informed by individual and collective expertise and practical experience and decisions made by open consensus, that allow for a unique, interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards should be consistent with human rights and allow development and innovation.
In order to clarify that privacy rights are not distinct from the protections of law against interference of the kinds listed here, we suggest:
“Privacy: the same rights that people have off-line must also be protected online, including the right to privacy, which means not being subject to arbitrary or unlawful collection of personal data and surveillance and the right to the protection of the law against such interference.”
As ICANN is an independent body, the clause “an independent status and” should be removed:
“It is expected that the process of globalization of ICANN speeds up leading to a truly international and global organization serving the public interest with clear accountability mechanisms that satisfy requirements from both internal stakeholders and the global community.”
There is broad consensus for the need to continue international cooperation on these issues. There is not international consensus on the need for additional treaties or agreements on these issues, however. We suggest replacing “agreements” with “cooperation.”
“It is necessary to continue work pursuing international cooperation on topics such as jurisdiction and law enforcement assistance to promote cybersecurity and prevent cybercrime. Discussions on those issues should be held in a multistakeholder manner.”
The HRC is not a multistakeholder forum and thus not best suited to this discussion. We suggest:
“Internet surveillance – Mass and arbitrary surveillance undermines trust in the Internet and trust in the Internet governance ecosystem. Surveillance of communications, their interception, and the collection of personal data, including mass surveillance, interception and collection should be conducted in accordance with states’ obligations under international human rights law. More dialogue is needed on this topic at the international level using forums like IGF aiming to develop a common understanding on all the related aspects.”
We suggest:
“All the organizations, forums and processes of the Internet governance ecosystem are encouraged to implement and adhere to all the outcomes principles agreed in NETmundial.”
I suggest a more neutral language:
… the interests of all those who _use_ the internet.
I support the clause and Robin Gross comment
I support Ian Peter’s comment as well. The “necessary and proportionate” principles are an important guideline to the evolution of policy in this area.
very much agree with Amanda. Article 27(2) of the Universal Declaration of Human Rights is important to promoting and protecting expression, creativity and innovation, and should be expressly included here.
agree with Steve. Respect for intellectual property and the rule of law, consistent with fundamental human rights and in particular Article 27 of Universal Declaration of Human Rights should be a fundamental cornerstone of this document. Promoting unfettered “permissionless innovation” is directly contrary to this and should be removed from this document.
Agree with what Rishab said + 1
The project is almost freezes the existing system of Internet governance, eliminating the possibility of its qualitative change.
Proposed therein multilateral governance model is essentially a method of control with indistinct boundaries major powers acting forces. Roles and responsibilities of each participant in it is not defined, the mechanisms accounting value of the contributions of participants at various levels not transparent.
Respect for human rights on the Internet, including freedom of expression and privacy, is a basic principle. Thus it should be treated in accordance with international law, in particular the International Covenant “On Civil and Political Rights”, which imposes an obligation on a person special duties and responsibilities. It is necessary to establish the law of restrictions, for example, for respect of the rights of other persons, and also a public order or moral of the population.
Simultaneously reset role the UN and its organizations in decision-making on the management of the Internet, although these structures are the guarantors of stability, security and human rights.
Used terminology is unacceptable, especially in the Internet security. In view of position agreed at the United Nations, we believe it is necessary to insist in using the term “safe use of Internet technology and technology itself”.
Allowing “permissionless innovation” is a worthy goal, PROVIDED that it does not violate the property rights, such as copyright rights, of others. To this end, explicit inclusion of Article 27, (2) of The Universal Declaration of Human Rights is necessary to this Paragraph. Calling for new laws to protect intellectual rights and calls for everyone to “respect others rights” are fairly meaningless. The Internet is a technological medium. Methodologies should be developed within the Internet’s enabling code to force respect for property rights.
We think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovati
I think a strong vibrant internet is core to the future of independent artists but that all creative and innovative people need to respect one another’s creative output and the concept of permissionless innovati
Accessibility should require engaging with social exclusions from the Internet based on factors such as literacy, language, class, gender and disability. Women and girls, persons with disabilities and other marginalized groups, should enjoy full access to online resources on an equal basis with others.
International organizations should be included.The revised text reads:
Multistakeholder: with the full participation of governments, international organizations, the private sector, civil society, the technical community, academia and the users in their respective roles and responsibilities. Multistakeholder also means facilitating inclusive participation of developing countries including Africa and Small Island Developing States, actors representing the full range of social and economic status, as well as women and girls.
Open standards should include those for accessing information and knowledge, pls ease of entry of actors. The revised text reads:
Internet governance should promote open standards as well as standards of open access to knowledge and information, informed by individual and collective expertise and practical experience and decisions made by open consensus, that allow for a unique, interoperable, resilient, stable, decentralized, secure, and interconnected network, available to all. Standards must be consistent with human rights and allow development and innovation. Openness should also signal the importance of ease of entry of actors and the absence of closure that might otherwise be imposed through monopolies.
The capacity building aspect should be emphasized. The revised text reads: It is necessary to continue work pursuing international agreements on topics such as jurisdiction and law enforcement assistance and capacity building on literate use of the Internet and its resources as well as understanding of key principles to promote cybersecurity and prevent cybercrime. Discussions on those issues should be held in a multistakeholder manner.
The important initaitive of Media and information literacy is missing here, so the revised text reads:
Initiatives to improve cybersecurity and address digital security threats should involve appropriate collaboration among private sector, researchers, technical experts, media and information providers, governments, international organizations, civil society and and NGOs. There are stakeholders that still need to become more involved with cybersecurity, for example, network operators and software developers, as well as organizations directly involved in capacity building on literate use of the Internet and its resources. Cybersecurity initiatives should include a capacity building component that provides basis for literate use of the Internet and its resources. Such use of the Internet is one of the key means and measures to ensure security, stability, inclusion and participation of all stakeholders.
Media and information literacy and skills should be elaborated here, so the revised text reads: Capacity building and financing are key requirements to ensure that diverse stakeholders have an opportunity for more than nominal participation, but in fact gain the knowhow and the resources for effective participation. Support to capacity building would include making sure that citizens, and youth especially, have access to, and acquire, media and information literacy (MIL) competencies, particularly in the school curriculum. These competencies should enable understanding of the context of ICTs, Internet and digital-related matters as well as technical skills. Ensuring access to MIL can inform and empower Internet users to become more critical and ethically-aware, more participative in Internet governance, and more capacitated to protect their human rights and fundamental freedoms. Capacity building is important to support the emergence of true multistakeholder communities, especially in those regions where the participation of some stakeholders groups needs to be further strengthened.
To add reference to Article 29 clause 2 of the Universal Declaration of Human Rights
to change “without arbitrary interference “to “without external arbitrary interference”.
Collected by legal means personal data should be securely preserved. Responsibility of appropriate bodies for its preservation should be well-defined.
For guaranteeing free access to information necessary for life activity should assist in updating national and international copyright law and related rights with a glance of new techniques of creation, using, re-using and circulation of information and works in the Internet. Amendments to the copyright laws should provide facilitation of non-commercial use of works, safeguards of reasonable time of copyright law security, presence of exceptional conditions for libraries, museums and educational institutions for guaranteeing access and preservation of works of public interest.
to add “on the basis of respect for authenticity and reliability of content and also for the rights of other people”.
All people have a right to development and the Internet has a vital role to play in helping to achieve the full realization of internationally agreed sustainable development goals. It is a vital tool for giving all people without exception the means to participate in development processes through forming knowledge, practices and aims which enable them to exercise this right in full measure and provide secure and responsible, based on critical thinking of nets usage for free access, creation and exchange of information and knowledge in all linguistic, cultural and social groups.
Internet governance must respect and promote cultural and linguistic diversity in all its forms and for these purposes to strengthen all languages in the Internet, to promote creation of comprehensive and sustained indicators complex for dimension of linguistic diversity in the Internet.
to add “decentralized” to open system architecture.
Innovation and creativity have brought and are of great value. Permissionless innovation should not ignore copyright protection. If it ignores copyright protection visualizations and other creative thought can be claimed as anyones own creative statement.