[IRP] FW: Draft Internet Charter Rev. 31082010

Mon Sep 6 09:13:07 EEST 2010

I will be there 
shaila

________________________________
From: Lisa Horner <LisaH at global-partners.co.uk>
To: "irp at lists.internetrightsandprinciples.org" 
<irp at lists.internetrightsandprinciples.org>
Sent: Fri, September 3, 2010 3:02:00 AM
Subject: [IRP] FW: Draft Internet Charter Rev. 31082010

Hi all

I?m not sure this email that I sent on Wednesday went through ok.  I?m 
re-sending now.  Please could you let me know if you can make the call on 
Tuesday?

Many thanks,
Lisa

From:Lisa Horner 
Sent: 01 September 2010 18:03
To: irp at lists.internetrightsandprinciples.org
Cc: irp-charter at rp.lip6.fr
Subject: FW: Draft Internet Charter Rev. 31082010

Dear all

Please find attached a version of the Charter in which Wolfgang has attempted to 
incorporate as many of the comments as he could.  Please also see his email 
below for your information.  Thanks to Wolfgang for his work.

Please have a look through.  If you feel that there are still outstanding, 
burning issues that need to be addressed in the Charter before Vilnius, please 
let us know asap...at least by next Monday 6th September.  Otherwise, I suggest 
that you flag them up as points for discussion in Vilnius and beyond.

In response to Shaila?s comment about sections needing more work, I fully 
agree.  However, I also agree with Wolfgang that we have to move ahead and 
present this draft more or less as it is as we?re now out of time.  But if 
others have strong opinions on this, please do voice them and we can all 
discuss.  

I am really keen to work out a process that will allow people to feel that we?ve 
done enough thinking on different sections of the Charter, reached out to the 
right expert groups and included the right communities in the process.  The main 
ingredients we need for that are people-power, funding and time!  I?d like to 
propose that we have An informal coalition business meeting in Vilnius to 
discuss these process issues (rather than Charter), both relating to the Charter 
and to the wider development and activities of the coalition.  In particular, we 
need to consider possibilities for raising funds for the process.  Would the 
lunch break on the first day suit people?  It?d be good to have it before our 
official public meeting on the second day. 

Finally, it would be good to organise a conference call for the coalition NEXT 
TUESDAY 7th SEPTEMBER at 15.00 UK / 16.00 CEST to discuss any outstanding issues 
and discuss how we want to present the Charter during our workshop, including 
identifying points for discussion. Please try and make it if you can, or let me 
know if you?d like to propose an alternative time.

Thanks and all the best,
Lisa

From:Benedek, Wolfgang (wolfgang.benedek at uni-graz.at) 
[mailto:wolfgang.benedek at uni-graz.at] 

Sent: 31 August 2010 14:57
To: Lisa Horner
Subject: Draft Internet Charter Rev. 31082010

Dear Lisa,

please find enclosed the Charter as revised in the light of the comments 
received. 

Not all comments could be taken into account, either because of different views 
expressed or because it did not appear for me possible to incorporate the 
recommendations at this stage. 

In particular, based on the comments and beyond I would have a few discussions 
points for Vilnius, as, in particular:

	1. Name issue: should we call it the Charter for the Internet or      Digital 
Communications? 

	2. How to better take mobile access to the internet into account?
	3. Should we make reference to the work of regional human rights      
institutions and how to incorporate that work without jeopardizing the      
universality of the Charter?
	4. Can we agree on a new human right to access?
	5. In which way should we refer to the Millennium development      goals, if at 
all?
	6. How to deal with the issue of anonymity?
	7. Who is the ?owner? of the Charter?
	8. Should we incorporate additional rights like freedom from      slavery in 
the context of human trafficking and freedom of thought and      conscience as 
well as religion on the internet acc. To Arts. 4 and 18 UDHR      respectively.

Another issue would be whether and to what extend we put references or 
preferably to leave these to a commentary to be developed anyway.

I also see a lot of work to do in order to fully incorporate other initiatives 
like the Brasilian principles for the governance and use of the internet ( I 
started) and forth-coming legislation. Here it would be good if somebody from 
Brazil would read the Charter in order to see whether the ten principles are 
covered or if there is need to additions to take them more fully into account if 
they can be universally applied, which is not the case for all principles. I 
also see a lot of work to be done to check whether standards elaborated by the 
Council of Europe or UNESCO or interpretations developed by the Special 
Rapporteur on the Promotion and Protection of the Rights to Freedom of Opinion 
and Expression together with his regional fellow rapporteurs like the 10th 
Anniversary Joint Declaration on ?Ten key challenges to freedom of expression 
and the next decade? can be taken into account in our interpretation of rights 
and principles for the universal level. 

I would also suggest that we produce a text which is free from footnotes and 
references to the different sources, because in the meantime and in particular 
with the comments included, not all sources can be adequately identified and 
contributions recognized and the readability of the Charter may suffer or 
misunderstandings may be created. However, we should keep a version with sources 
and references for those who are interested to look into it. 

Let me thank you once again for the very useful collation of comments which help 
me a lot in doing the revision. I would also have no problem if the coalition 
can have a final look before presented in Vilnius, but there should be a short 
deadline in order to be able to finalize the draft for Vilnius. 

With regard to Vilnius, I think we should present the full draft maybe in an 
easy to read version, i.e. copied two pages on one and identified as a 1.0 draft 
with comments on the procedure so far and the envisaged way forward.

With kind regards,

Wolfgang 

PS: If you want to know more about my reasons, why I made certain changes based 
on the comments received, best would be to talk on the phone. 

PPS: I just realized that 19d on effective participation on internet governance 
cannot remain like this as a reference to full and effective participation of 
developing countries does not fit into a human rights charter. We could inspire 
ourselves from the principles of the governance and use of the internet 
elaborated by the Internet Committee of Brazil and I have taken some language 
from there in making the changes. Taking the Brazil principles into account I 
have also added religious in net neutrality and another paragraph in fair trial, 
which could also get a headline later. 

Univ.-Prof. Dr. Wolfgang Benedek
Institut f?r V?lkerrecht und Internationale Beziehungen 
Karl-Franzens-Universit?t Graz
Universit?tsstra?e 15, A4
A-8010 Graz
Tel.: +43/316/380/3411
Fax: +43/316/380/9455

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