[IRP] Some punch

Bertrand de La Chapelle bdelachapelle
Fri Oct 1 20:05:43 EEST 2010


Very impressive effort indeed. And useful. Clearly highlights the what (the
existing principles), the how (their application to the Internet) and the
why (cyberspace as a place for people).

Excellent basis for a preamble. Needs in my view only limited refinements
and fine-tuning to be really usable. As we say in french : "et pour un coup
d'essai, ce fut un coup de ma?tre" (a first attempt, but a master stroke).



On Wed, Sep 22, 2010 at 10:36 AM, Tapani Tarvainen <
tapani.tarvainen at effi.org> wrote:

> Having criticized version 1.0 of the Charter for lack of punch as it
> were, I made an effort to see if if I could, er, "punchify" it.
> Below is the result.
> It is not intended to be "ready" or complete text as such, yet I feel it
> is better to present it without explanations or textual alternatives
> I considered. I even cut out some parts I didn't feel comfortable
> with but couldn't think of a better substitute, for my primary purpose
> here is to convey a feeling of the kind of language I'd like to see in
> this kind of document, inadequate though I feel my wordsmithing
> skills to be for such a task.
> I hope it will at least stimulate thoughts on how the text could
> be improved.
> ------------------------------------------------------------------
> Preamble
> Internet is a medium people communicate with;
> a place where people meet and congregate;
> a tool people use for a multitude of purposes.
> It is self-evident that universal human rights apply in the Internet
> like they do everywhere where there are people,
> and that same fundamental principles apply in the Internet
> as in all areas of human endeavour.
> Yet Internet is different from any other medium yet invented,
> different from any other place in the world,
> different from any other tool human ingenuity has yet produced,
> and it is not always obvious exactly how
> human rights and general principles apply to it.
> At the same time, Internet's importance has grown to the extent
> that it has become a major power in the realization of human rights -
> for good and bad.
> Thus it is of crucial importance to ensure Internet
> governance is based core values of human rights
> like human dignity, equality and non-discrimination,
> solidarity, diversity, rule of law and social justice.
> Hence this Charter: not an attempt to create new rights,
> but to reinterpret and explain old ones in a new context:
> the Internet.
> The rights and principles identified herein are crucial for the
> governance of the Internet. They are based on the core values of human
> rights like human dignity, equality and non-discrimination,
> solidarity, diversity, rule of law and social justice. Everybody needs
> to respect, protect and fulfil all the human rights on the Internet,
> and to ensure that the Internet operates to evolve in a way that
> supports and expands these human rights as an instrument supportive to
> human rights.
> Internet governance must be guided by internationally
> agreed human rights standards, and designed and implemented in an
> inclusive process bringing together public administrations,
> governments, civil society as well as businesses.
> This Charter is based on the Universal Declaration of Human Rights
> (UDHR) and subsequent human rights law of the United Nations and work
> done by other human rights institutions.
> This Charter of Human Rights and Principles on the Internet has been
> developed by the Dynamic Coalition on Internet Rights and Principles
> and draws inspiration from the APC Internet Rights Charter and other
> pertinent documents.
> The Charter builds on the WSIS Declaration of Principles of Geneva
> and the Tunis Agenda for the Information Society, which recognises
> that Information Communication Technologies (ICTs) present tremendous
> opportunities to enable individuals, communities and peoples to
> achieve their full potential in promoting their sustainable
> development and improving their quality of life. Like the WSIS
> Declaration, this Charter aims at building a people-centred
> information society, which respects and upholds fundamental human
> rights that are enshrined in the UDHR.
> The Charter is split into two sections. The first interprets human
> rights and defines principles for the purposes and concerns of the
> information society. The second defines principles and guidelines
> addressed to specific stakeholders and technologies.
> The Charter is addressed to all actors and stake-holders of Internet
> governance, who - according to the Preamble of the UDHR - shall strive
> by teaching and education to promote respect for the rights contained
> in the UDHR and to secure their universal and effective recognition
> and observance.
> 1)  Human Dignity
> All human beings are born free and equal in dignity and rights.
> Human dignity and rights must also be respected and protected on the
> Internet.
> 2)  Universality and Non-Discrimination in the Enjoyment of all Rights
> a.    Principle of Universality and Non-Discrimination
> All rights and freedoms contained in this Charter are universal.
> Everyone is entitled to all the rights and freedoms set forth in this
> Charter, without distinction of any kind, such as ethnicity, colour,
> sex, language, religion, political or other opinion, national or
> social origin, property, birth or other status or condition.
> b.    Access to the Internet for All
> Everyone has the equal right to access to the Internet,
> at whatever level is technically feasible.
> As the Internet has become an indispensable tool for many
> life-related functions and is necessary for the enjoyment of other
> rights like the right to education, all people must have affordable
> access to the Internet.
> Freedom of Access includes freedom of choice of system and software use.
> Communication infrastructures and protocols must be interoperable.
> Internet access can only be restricted to protect other essential
> rights, and only when there is compelling evidence that it will do
> more good than harm and it is clear no other means would work.
> Any restrictions must be strictly proportionate to the threat at hand
> and must not undermine the openness of the Internet or its capacity to
> support human rights.
> c.    Ensuring Digital Inclusion
> An Internet based society and economy requires that all have an equal
> opportunity for active and effective participation in and through the
> Internet. Internet regulation must not hinder but actively support
> self-managed and other community-based facilities and services to
> ensure universal digital inclusion. Digital inclusion requires the
> opportunity for access to, and effective use of the range of digital
> media, communication platforms and devices for information management
> and processing.
> Everyone, in particular governments and business, shall undertake
> steps individually and through international assistance and
> cooperation towards digital inclusion, equal access to
> information technology, and eliminating any discrimination in access
> to the Internet.
> To this end, public Internet access points shall be made available
> at places like telecentres, libraries, community centers, clinics and
> schools as well as support to access via mobile media so that all
> people can have access where they live or work.
> d.    Gender equality
> Women and men have an equal right of access to learn about, define,
> access, use and shape the Internet. Efforts to increase access must
> recognise and redress existing gender inequalities. Women must
> participate fully in all areas related to the development of the
> Internet to ensure gender equality.
> e.    Marginalised Groups and People with Different Needs
> Interfaces, content and applications must be designed to ensure
> accessibility for marginalised groups, people with disabilities and
> people with different capacities to read and write.
> The principle of inclusive design and the use of support technologies
> must be promoted and supported to allow persons with disabilities to
> benefit fully and on an equal basis with others.
> People of all ages, including the young and the elderly, have a right
> to attention to their specific needs in using the Internet as part of
> their entitlement to dignity, to participate in social and cultural
> life, and enjoy other human rights.
> 3)  Liberty and Security
> a.    Protection of Liberty and Security
> Everyone has the right to the protection of their liberty and security
> online. This includes protection against all forms of online
> harassment, trafficking, cyber-stalking and misuse of one?s digital
> identity and data.
> b.    Functionality and security of the Internet
> Everyone has the right to enjoy functional and secure connections to
> and on the Internet.
> c.    Security Measures shall respect Human Rights
> Any security measures which affect the Internet shall be consistent
> with international human rights laws and standards as well as the rule
> of law. They must be strictly necessary for and proportionate to the
> relevant purpose.
> 4)   Equality and Diversity on the Internet
> a.     Equality before the Law
> All people are equal before the law and are entitled to equal
> protection of the law in matters regarding the Internet, online as
> well as offline.
> Special legal protection shall be provided for people who
> are inherently disadvantaged and require such measures to ensure
> their substantive equality with others.
> b.  Net Neutrality and Net Equality
> The Internet and physical means of traffic on it shall be available to
> all on uniform, non-discriminatory terms. Internet content must not
> be prioritised or discriminated against for economic, social,
> cultural, religious or political reasons. Control of Internet content
> must not affect the equal right of all people to express themselves
> and access information online.
> c.  Diversity of Cultures and Languages
> The public service value of the Internet must be protected,
> including access to quality and diverse information as well as
> different cultural content.
> The Internet shall represent a diversity of cultures and languages in
> terms of appearance and functionality. Cultural and linguistic
> diversity on the Internet are to be encouraged in form of text, as
> image and sound. Technological evolution and innovation to promote
> diversity on the Internet shall be encouraged.
> d.  Right to use one?s own Language
> All individuals and communities have the right to use their own
> language to create, disseminate, and share information and knowledge
> through the Internet, however small their language may be.
> 5)  Right to Development
> a.    Enjoyment of all Rights on the Internet
> The right to development includes the full enjoyment of all rights
> related to the Internet and set out in this Charter.
> b.   Environmental Sustainability
> Everyone has a responsibility to use the Internet in a sustainable and
> ecologically viable way.
> c.   Poverty Reduction and Human Development
> Information and communication technologies have a vital role to play
> in helping to achieve the U.N. millennium goals of eradicating
> poverty, hunger, and diseases and promoting gender equality and
> empowerment of women, particularly in the developing world.
> All stakeholders should consider how they can develop and implement
> technology that contributes to the eradication of poverty, to enabling
> education and to sustainable human development and empowerment.
> 6)  Freedom of Opinion and Expression
> a.   Freedom of Opinion on the Internet
> Everyone has the right to express their opinions on the Internet
> without interference.
> b.  Freedom of Expression Online
> Everyone has the right to freedom of expression on the Internet, which
> includes the freedom to seek, receive and impart information and ideas
> of all kinds, however wrong, immoral, disgusting or dangerous,
> regardless of frontiers and through any media.
> Freedom of expression is an essential pre-condition for the
> realisation of other rights, freedoms and social goods, including
> democracy, education and human development. It is closely
> linked to the need for plural and diverse content and the equal
> entitlement of all people to make their voices heard in the public
> domain.
> c.  Freedom of Online Protest
> Organisations, communities and individuals have the right to use the
> Internet to organize and engage in online and offline protests.
> e.    Freedom from Censorship
> The Internet shall be free from censorship.
> No mandatory filtering may be imposed on the Internet directly
> or indirectly.
> Internet service providers, search engines and other intermediaries
> shall not be burdened with undue liabilities that would result
> in chilling the freedom of expression in the Internet.
> Intermediaries must not enforce in any kind of involuntary filtering
> and inform their users completely transparently of any attempts to
> impose such, whether by governments or anybody else. No content may be
> removed from the net without a publicly accountable process with a
> clear, efficient and user-friendly mechanism of appeal.
> f.    Right to Information
> Everyone has the right to receive and impart information and ideas
> of any kind through the Internet.
> Everybody has the right of access to government information, according
> to international law or laws passed democratically at the national
> level.
> 7)  Freedom of Religion and Belief
> a.    Right to Express and Practice Religion and Belief
> Everyone has the right to express and practice their faith on the
> Internet. This includes exchange of information, communication,
> expression of opinions and formation of religious communities or
> associations. Public or private actors must not repress or persecute
> people for their religion or beliefs expressed on the Internet,
> nor may religious rules be imposed upon people against their will.
> b.    Limitations on Racist Speech and freedom from hate speech
> The beliefs and opinions of others should be respected. Any advocacy
> of national, racial or religious hatred on the Internet that
> constitutes incitement to violence should be prohibited by law.
> 8)  Freedom of Assembly and Association
> a.   Participation in Assembly and Association on the Internet
> The users of ICT tools, services and platforms must be allowed to
> form, join, meet or visit an assembly, group or association for any
> reason, including political and social. Access to assemblies and
> associations using ICTs must not be blocked or filtered.
> b.  Freedom to set up Online Communities and freedom of online protest
> Everyone has the freedom to establish or join online communities.
> 9)  Right to Privacy
> a.    Right to Privacy on the Internet
> No one shall be subjected to arbitrary or unlawful interference with
> their privacy, family, home or correspondence on the Internet.
> Everyone has the right to the protection of the law against such
> interference or attacks.
> National legislation on privacy must be based upon international
> privacy frameworks that comply with the rule of law, respect
> fundamental human rights, and support democratic institutions.
> Privacy policy and settings of all services must be easy to find,
> and the management of privacy settings must be comprehensive and
> optimised for usability.
> The right to privacy must be protected by standards of confidentiality
> and integrity of IT Systems, providing protection against others
> accessing IT Systems without consent.
> b.    Protection of Digital Identity
> Everyone has a right to a digital identity.
> The digital identity of the human person - the personal
> identification in information systems is inviolable.
> Digital signatures, user names, passwords, identification codes or
> biometric information must not be used or changed by others without
> the consent of the owner.
> c.    Virtual Personality and Informational Self-Determination
> The virtual personality of human persons needs to be respected.
> Everybody has the right to determine the circulation and the use of
> his own personal data. This right may be restricted only in the
> case of prevalent public interest.
> d.    Freedom from Defamation
> Everyone's honour and reputation shall be protected on the Internet
> as well as in other media. Defamation laws must not be abused
> to repress truth or to curb dissent or valid criticism.
> e.   Right to Anonymity and to Use Encryption
> Every individual has the right to communicate anonymously on the
> Internet and to use encryption technology to ensure secure, private
> and anonymous communication.
> f.    Freedom from Surveillance
> Everyone must be free to communicate without arbitrary surveillance or
> interception, or the threat thereof. This includes the use of
> technologies such as deep packet inspection, behavioural tracking and
> exercising control over individuals, like cyber-stalking.
> No surveillance shall be authorized or agreed upon without
> clear explanation of its nature and compelling evidence that
> it is necessary to protect essential rights.
> 10)       Right to Data Protection
> a.  Protection of Personal Data
> Personal data must be protected. Fair information practices shall be
> enacted into national law to place obligations on companies and
> governments who collect and process personal data, and enforce
> the rights of those individuals whose personal data is collected.
> b.  Obligations of Data Collectors
> Collection, use, disclosure and retention of personal data must comply
> with a transparent privacy policy. Personal data collection should be
> based on informed consent regarding the content, purposes, storage
> location, duration and mechanisms for access, retrieval and correction
> of their personal data. Everyone must be free and able to exercise
> control over the personal data collected about them and its usage.
> Everyone has a right to access, retrieve and delete the personal data
> collected about them.
> c.  Minimum Standards on Use of Personal Data
> Personal information shall not be collected any more than necessary
> and it must not be retained for any longer period of time than
> is needed for the purposes for which it was collected.
> Data collectors have an obligation to seek active consent and to
> notify people when their information has been forwarded to third
> parties, abused, lost, or stolen. Data Security
> Appropriate security measures shall be taken for the protection of
> personal data stored in automated data files against accidental or
> unauthorised destruction or accidental loss as well as against
> unauthorised access, alteration or dissemination.
> d.  Monitoring by Independent Data Protection Authorities
> Data protection should be monitored by independent data protection
> authorities, which work transparently and without commercial advantage
> or political influence.
> 11)       Right to Education
> a.  Right to Education on and through the Internet
> Everyone has the right to be educated about the Internet and to use
> the Internet for education.
> Everyone has the right to use the Internet to access knowledge,
> information and research. Providers of tools, Internet services and
> content must not prohibit people from utilising the Internet for
> shared learning and content creation.
> Virtual learning environments and other sorts of multimedia, learning
> and teaching platforms shall take into account local and regional
> variations in terms of pedagogy and knowledge-traditions.
> Publications, research, text books, course materials and other kinds
> of learning materials should whenever possible be published as Open
> Educational Resources with the right to freely use, copy, reuse,
> adapt, translate and redistribute them. Publishers and authors should
> not enter contractual obligations which prevent the publication of
> scientific and other works on the Internet.
> b. Education about the Internet and Human Rights
> Education on the Internet should include raising awareness and respect
> for human rights, online and offline.
> c.   Education and Training for Digital Literacy
> Digital literacy shall be a key component of education. Knowledge
> and skills enable people to use and shape the Internet to meet their
> needs. Local and national governments, international and community
> organizations and private sector entities should support and promote
> free or low-cost training opportunities, methodologies and materials
> related to using the Internet for social development.
> 12)       Access to Knowledge and Intellectual Property Rights
> a.   Right to Participate in the Cultural Life of the Community
> Everyone has the right to use the Internet to freely participate in
> the cultural life of the community, to enjoy the arts and to share its
> scientific advancements and benefits. This includes the right to
> access knowledge and information on the Internet, regardless of
> frontiers.
> No restrictions must be placed on cultural expression and activities
> online.
> Everyone should be able to create and access information in their
> mother tongue.
> b.  Freedom from Restrictions of Access to Knowledge by Licensing and
> Copyright
> Everyone has the right to the protection of the moral and material
> interests resulting from their contribution to any scientific, literary
> or artistic production in the Internet. Creators should be remunerated
> and acknowledged for their work in ways that do not restrict
> innovation or access to public, educational knowledge and resources.
> Licensing and copyright of content shall permit knowledge to be
> created, shared, used and built upon. Creators and users should use
> licensing models such as Creative Commons.
> Internationally accepted ?fair use? exceptions and limitations to
> copyright shall always be used, including making copies for personal
> and classroom use, format conversion, library lending, review,
> critique, satire, research and sampling. Digital Rights Management
> (DRM) ?techniques must not prevent ?fair use? exceptions.
> c.   Knowledge Commons and the Public Domain
> Publicly funded research and intellectual and cultural work shall be
> made available freely to the general public.
> d.  Free/Open Source Software and Open Standards
> Open standards and open formats shall be used in all governmental
> and other public work and otherwise preferred and promoted wherever
> possible.
> Free/libre and Open Source Software (FOSS) should be used, promoted
> and implemented in public and educational institutions and services.
> When a free solution or open standards do not exist, the government or
> the corresponding public institution should promote the development of
> the software needed.
> 13)       Rights of the Child and Child Protection
> a.   Right to benefit from the Internet
> Children should be able to benefit from the Internet according to
> their age. Children should have opportunities to use the Internet to
> exercise their civil, political, economic, cultural and social rights.
> These include rights to health, education, privacy, access
> information, freedom of expression and freedom of association.
> Children who are capable of forming their own views have the right to
> express them in all Internet policy matters that affect them, and
> their views should be given due weight according to their age and
> maturity.
> b.  Freedom from exploitation and child abuse imagery
> Children have a right to grow up and develop in a safe environment
> that is free from sexual or other kinds of exploitation. Measures
> should be taken to prevent the use of the Internet to violate the
> rights of children. However, such measures should uphold the rights of
> the child and should not restrict or endanger the free flow of
> information online any more than is absolutely necessary.
> c.  Best Interest of the Child
> In all matters of concern to children and the Internet, the best
> interest of the child shall be the primary consideration.
> 14)       Right to Work
> a.   Respect for Workers? Rights
> Workers' rights must be respected in the information society.
> A necessary prerequisite for realizing these rights for employees is
> the right to use the Internet to form trade unions, including the
> right to promote one's own interests and gather in freely elected
> organs of representation.
> b.  Internet at the Workplace
> Any restrictions on Internet use in the work place should be
> explicitly stated in staff or organizational policies. The terms and
> conditions for surveillance of the Internet use of employees must be
> clearly stated in work place policies and comply with the right to
> data protection.
> 15)       Participation in Public Affairs and Internet Governance
> b.    Right to Equal Access to Electronic Services
> Everyone has the right to equal access to electronic services in his
> country.
> c.   E-Democracy
> E-democracy and online voting should be promoted whenever it bears the
> potential to enable a more participatory democracy where political
> decisions are debated and taken by more people, provided its security
> can be assured.
> d.  Right to Participate in Governance of the Internet
> Everyone has the right to participate in the governance of the
> Internet.
> e.  Principles of Transparency, Information and Participation
> All stakeholders must follow the principles of transparency,
> information and participation in processes concerning Internet
> governance.
> 16)       Consumer Protection
> Everyone, in particular business and governments, must respect,
> protect and fulfill principles of consumer protection on the Internet.
> E-Commerce shall be regulated by governments in a way that ensure
> consumers the same level of protection as they enjoy in non-electronic
> transactions.
> 17)       Right to Health and Social Services Online
> Everyone has a right to access health-related and social services as
> well as their own electronic health records on the Internet.
> 18)       Right to Legal Remedy and Fair Trial
> a.   Right to a Legal Remedy
> All people have the right to an effective legal remedy against any
> charges brought against them by public authority or a private
> person with regard to matters related to the Internet.
> b.  Right to Fair Trial
> In the determination of any criminal charge or civil rights or
> obligations regarding the Internet, everyone shall be entitled to a
> fair and public trial hearing within a reasonable time by an
> independent and impartial tribunal established by law.
> c.   Presumption of Innocence
> Everyone charged with a criminal or civil law offence regarding the
> Internet shall be presumed innocent until proven guilty according to
> law.
> d.  Right to Due Process
> Everyone is entitled to due process by public or private authorities
> dealing with legal claims or possible violations of the law regarding
> the Internet.
> All action taken against illicit activity on the internet must be
> aimed at those directly responsible for such activities.
> e.   No Punishment without a Law
> No one shall be held guilty of any criminal offence on the Internet on
> account of any act or omission which did not constitute a criminal
> offence under national or international law at the time when it was
> committed. Nor shall a heavier penalty be imposed than the one that
> was applicable at the time the criminal offence was committed.
> f.    Right not to be tried or punished twice
> No one shall be liable to be tried or punished again for an Internet
> offence for which he has already been finally acquitted or convicted.
> 19)       Appropriate Social and International Order for the Internet
> a.   Entitlement to a Social and International Order
> Everyone is entitled to a social and international order of the
> Internet in which the rights and freedoms set forth in this
> Declaration can be fully realised.
> b.  Multilingualism and Pluralism on the Internet
> The Internet as a social and international order should enshrine
> principles of multilingualism, pluralism, and heterogeneous forms of
> cultural life in both form and substance.
> c.   Governance of the Internet for Human Rights
> The Internet and the communications system shall be governed in such
> a way as to ensure that it upholds and expands human rights to the
> fullest extent possible.
> d.  Effective Participation in Internet Governance
> The interests of all those affected by a policy or decision shall be
> represented in the governance processes, which shall enable all to
> participate in its development. Transparency and full and effective
> participation of all, in particular disadvantaged groups in global,
> regional and national decision-making must be ensured.
> 20)       Duties and Responsibilities on the Internet
> a.   Respect for the Rights of Others
> Everybody using the Internet has duties and responsibilities as well
> as rights. These include respect for the rights of all individuals in
> the online environment.
> b.  Responsibility of Power Holders
> Power holders shall exercise their power responsibly, refrain from
> violating human rights and respect, protect and advance them to the
> fullest extent possible.
> 21)       General Clauses
> a.    Interdependence of all rights in the Charter
> All rights contained in this Charter are interdependent and mutually
> reinforcing.
> b.  Limitations for restrictions of rights and principles
> Rights in this Charter may only be restricted to protect other
> essential rights, when there is compelling evidence that it will
> do more good than harm and it is clear no other means would work.
> Any restrictions must be strictly proportionate to the threat at hand
> and must not undermine the openness of the Internet or its capacity to
> support human rights.
> Restrictions must not be applied for any other purpose other than
> those for which they have been described.
> c.   Non-exhaustive nature of the Charter
> The fact that certain rights and principles have not been included in
> this Charter or have not been developed in detail does not preclude
> the existence of such rights and principles.
> d.  Interpretation of Rights and Freedoms of the Charter
> Nothing in this Charter maybe interpreted to impair any of the rights
> and freedoms set forth therein.
> ------------------------------------------------------------------
> --
> Tapani Tarvainen
> _______________________________________________
> IRP mailing list
> IRP at lists.internetrightsandprinciples.org
> http://lists.internetrightsandprinciples.org/listinfo.cgi/irp-internetrightsandprinciples.org

Bertrand de La Chapelle
D?l?gu? Sp?cial pour la Soci?t? de l'Information / Special Envoy for the
Information Society
Minist?re des Affaires Etrang?res et Europ?ennes/ French Ministry of Foreign
and European Affairs
Tel : +33 (0)6 11 88 33 32

"Le plus beau m?tier des hommes, c'est d'unir les hommes" Antoine de Saint
("there is no greater mission for humans than uniting humans")
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