Hi,
Some of you who are also subscribed to Bestbits may have seen this already.
Certainly not enough time for any NCSG action on it. But individuals and
member NGOs might be intersted in taking a look.
Or not.
avri
-------- Original Message --------
Subject: [bestbits] URGENT - statement commenting on draft NETmundial
text to be posted 8.5 hours from now
Date: Fri, 11 Apr 2014 13:09:09 +0800
From: Jeremy Malcolm <[log in to unmask]>
Reply-To: Jeremy Malcolm <[log in to unmask]>
To: Best Bits <[log in to unmask]>
Yesterday the Best Bits participants who are helping to organise the
NETmundial civil society pre-meeting on 22 April held a call about the
meeting (more on this later), and also, thought not on the agenda, there
was consensus that it would be strategically important to post a short
statement about the NETmundial text that was leaked by Wikileaks on
Wednesday
(https://wikileaks.org/netmundial-outcome/NETmundial-EMC-Outcome-Document.pdf
<https://wikileaks.org/netmundial-outcome/NETmundial-EMC-Outcome-Document.pdf%29>)
in
order to influence the drafting process that is current underway.
The statement is generally supportive of the draft but highlights the
parts that we consider most important to preserve, particularly
considering the points endorsed in previous BestBits submissions.
Unfortunately, *the statement has to be released by 8.5 hours from
now* because that is the next meeting of the Executive Multistakeholder
Committee (EMC) at which the draft will be considered again. So with our
apologies for the very short notice and limited opportunity to
participate by those who were not on the call, here is a sign-on
statement that was composed over the last few hours (into the late night
for some):
http://bestbits.net/netmundial-outcome-comments/
I am also pasting it below. If you would like to endorse it, please
make sure that if you do so before 10:30am Brazil time, which is less
than 8.5 hours from now. As usual, you can endorse it from the website
above, not by replying to this email. The statement will also be
emailed to the Executive Multistakeholder Committee members to ensure
that they receive it before their meeting.
--- begins ---
The undersigned members of the Best Bits coalition welcome the Draft
Outcome Document that has been produced by the NETmundial Executive
Multistakeholder Committee (EMC) and was submitted to the High Level
Multistakeholder Committee on April 3, which we consider generally
captures a balanced account of the wide range of contributions submitted
by all stakeholders groups through the open process developed for the
NETmundial platform.
We would like to reinforce the following points from the draft document
as a non-exhaustive list of priorities critical for the EMC and the
Chair and Co-chairs to take into account and maintain in the structure
of the draft as they develop the next version.
1) Internet Governance Principles
Human Rights
We welcome the fact that the draft acknowledges the quintessential
importance of human rights, in particular the essential point that the
same rights that people have offline must also be protected online.
Human rights should be a foundation of Internet Governance, and all
Internet Governance Principles and Processes should be underpinned by
and in line with human rights. We underscore that the final outcome of
NETmundial must 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.
Privacy
We reinforce our support for the affirmation of the right to privacy in
the draft text. 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.
Surveillance
We also endorse the explicit note about the need to avoid arbitrary or
unlawful collection of personal data and surveillance by States with
the collaboration of the business sector. 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.[0 <http://bestbits.net/netmundial-outcome-comments/#0>]
Development and Access to the Internet
We welcome the inclusion of development among the human rights that
underpin internet governance principles . The Internet is an enabler and
catalyst of human rights, and, ultimately, to the right to development.
As such, we believe it is important to include a reference to the right
to digital inclusion and affordable, high-quality access to the internet
in the non-exclusive list of principles.
Internet Infrastructure
We endorse the inclusion of principles related to preserve an
unfragmented, interconnected, interoperable, secure, stable, resilient,
sustainable, and trustworthy Internet. 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 brodband access.
2) Roadmap for the Future of the Internet Governance
We welcome the approach of the Draft Outcome Document in making
recommendations on ways to improve the Internet Governance framework so
it can serve as a catalyst for sustainable development and promotion of
human rights.
We affirm our support for the draft documents mentions of Internet
governance processes and institutions in which decisions are inclusive,
open, informed, transparent and accountable, with the full involvement
of all stakeholders, and stress that it is particularly important to
ensure meaninful participation, with gender and regional balance and the
inclusion of marginalized voices.
NTIA transition and ICANN
We support the drafts acknowledgement of the announced IANA transition
away from U.S. National Telecommunications and Information
Administration (NTIA) and its emphasis on the importance of including
all stakeholders in the convening process, including those beyond ICANN
bodies and I* organizations. It is important that the global
multistakeholder community be able to participate in the discussion
about the transition and in the transition proposal itself. Further it
is important to reinforce the need for improved effectiveness,
transparency and accountability of ICANN in the globalization process,
as well as the separation of the policy development process and the IANA
operations.
Distributive and Coordinated Internet Governance
We strongly welcome the option put forward in the draft of
multi-stakeholder Internet governance coordination mechanisms, and we
suggest it is reinforced as a recommendation, not only as an option
recommendable to analyze.
Further analysis, monitoring and information sharing about and within
the internet governance architecture as a whole is duly needed. It might
help us to identify weaknesses and gaps in the coverage of important
issues and, in light of empirical evidence, would help us evaluate the
merits of any alternative decision making processes. A multi-stakeholder
coordination mechanism could also be useful to promote dialogue, build
consensus or at least provide inputs into other processes tasked with
actual decision making.
IGF
We support the mentions about the need to strengthen the Internet
Governance Forum (IGF) and to extend its mandate making it a permanent
multi-stakeholder forum.
Issues dealing with specific Internet Governance topics
We reinforce the need to continue working on a multistakeholder dialogue
to pursue institutional solutions to mass and arbitrary surveillance in
order to guarantee the realization of several internet governance
principles highlighted as fundamental in the draft outcome.
Finally, we welcome the idea that the NETmundial findings and outcomes
feed into other processes and forums, such as WSIS+10, IGF and other
Internet governance discussions.
We acknowledge the work done by the EMC and, as this is a non-exhaustive
list of priority issues that we would like to reinforce, and we look
forward to contributing further with specific text on subsequent drafts.
[0] www.necessaryandproportionate.org
<http://www.necessaryandproportionate.org>; Judgment in Joined Cases C
293/12 and C 594/12 Digital Rights Ireland and Seitlinger and Others
<http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf>.
--
Jeremy Malcolm PhD LLB (Hons) B Com
Internet lawyer, ICT policy advocate, geek
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