[IRP] Call for comments: DRAFT Version 1.1

shaila mistry shailam
Sat Jan 8 01:00:25 EET 2011


Hi Dixie and Lisa and Everyone.  
Happy New Year to you all ! I can see that everyone has been working on the 
charter. Well! I spent the last week reading it over and trying to formulate 
some final comments.  I apologize for leaving it till the last day of the 
deadline. My end of year work did not permit me to get to it any sooner. I am 
sure everyone is in the same boat.
 
	* My comment look longer then they are only because      I included the 
context. Words in blue are      actual language intended to be part of charter. 
My observations are under      each of the specific items. I had many more 
comments but restricted myself      to the ones I am sending
	* Over all it is looking good.  I am happy to see that some of my      
observations in Vilnius      have been addressed.  However, I      think the 
charter  would benefit from consistency of language throughout      the 
articles. And second from consistency of perspective and intent.  My 2 cents.
 
 Regards and thanks to everyone for your work.Shaila 
 

______________________________________________________________________________________________________________________________


1  Access to the Internet
a)     Net neutrality and net equality
The Internet is a global commons. Its architecture must be protected and 
promoted for it to be a vehicle for free, open, equal and non-discriminating 
exchange of information, communication and culture. There should be no special 
privileges for, or obstacles against, any party or content on economic, social, 
cultural, or political grounds. Access should also be equal and non 
discriminatory with reference to size and presence on internet. This does not 
preclude positive discrimination to promote equity and diversity on and through 
the Internet


4)   Liberty and Security on the Internet
a)     Protection against all forms of crime
Everyone shall be protected against all forms of crime committed on or using the 
Internet including harassment, cyber-stalking, people trafficking and misuse of 
one?s digital identity and data and innovation.

c) Security of person and freedom
Whereas the internet is a means to enhance quality of life individuals it is 
potentially a tool for harm against individuals and community.  Individual must 
be protected from harassment and cyber stalking by means such as email and or 
other social media including spamming and phishing.
Individuals must be protected from potential abuse and sale of their freedom and 
person through trafficking.

d) Security of data and property 
All individuals must have protection of their identity and data; this includes 
unauthorized retrieval of such data and misuse for purposes other than that 
which it was originally gained and only after specific authorization.?
Individual innovation and property shall be respected and protected from 
arbitrary use and/or infringement 


Comment: Yes I am aware that we have it under Privacy/ Digital Protection as 
well. This right is critical to a well functioning internet and society. This 
right is at the beginning of the charter and potential readers will look for it 
here. Security looks incomplete without it.

8) Freedom of Religion.
 Comment: I am not sure this belongs here because this falls under Freedom of 
expression.   By including this here we run the risk trying to be all things to 
all people and hence dilute our message.

10) Privacy on Internet 
d) Protection of virtual personality
Comment  Whilst I see that individuals have this right. I would like to see more 
language on protection that ?persons who intend ill doing are not getting a 
haven. Can someone please suggest some language? Unfortunately the internet has 
become a haven for such occurrences. Language should keep in mind minors and 
other vulnerable groups. 


11 Digital Data Protection               
c) Data must be protected from hidden technical means of retrieval, such as the 
sweeping of personal email and contact information without your knowledge. 


13) Access to knowledge 
 Comment :This whole section is a little unclear. Needs to be succinct and clear 
in its thrust. I will await language on this14)   Children and the Internet
 

14) Children and Internet 

Children are entitled to all of the rights in the present Charter. Furthermore, 
as enshrined in Article 25 of the UDHR: childhood is "entitled to special care 
and assistance". As enshrined in Article 5 of the United Nations Convention on 
the Rights of the Child young people are entitled to respect for their ?evolving 
capacities?. 

 
Children must both be given the opportunity and encouraged to use the Internet 
for education and other developmental benefits, but also protected from the 
dangers associated with the Internet. The balance between these priorities shall 
be developed under the guidance and supervision of parents.
 
On the internet the right to special care and assistance and respect for 
evolving capacities of children includes:
a)       Right to have views heard
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 shall be 
given due weight according to their age and maturity under the guidance and 
supervision of parents. 


15)   Internet and the work place 
 Comment : I am not sure this belongs here. Also it is covered under freedom of 
expression and under freedom of assembly. In any case if we are describing 
rights of workers then we need to also describe duties and responsibilities of 
workers of use of internet according to company policies and non abuse and non 
infringement etc. I will await language on this.
17)   Consumer Protection on the Internet
 
Everyone must respect, protect and fulfill principles of consumer protection on 
the Internet. 

E-Commerce must be regulated to ensure that consumers receive the same level of 
protection as they enjoy in non-electronic transactions. Diligent security 
measures must be put in place for the handling of financial and credit card and 
other personal information.
 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


 
Life is too short ....challenge the rules
Forgive quickly ... love truly ...and tenderly
Laugh constantly.....and never stop dreaming! 




________________________________
From: Dixie Hawtin <Dixie at global-partners.co.uk>
To: IRP <irp at lists.internetrightsandprinciples.org>
Sent: Tue, January 4, 2011 7:18:32 AM
Subject: [IRP] Call for comments: DRAFT Version 1.1


Hi all,
 
I hope everyone has enjoyed their holidays and I wish to all a very happy 2011!
 
This is just a brief reminder that if you have any comments on the DRAFT Version 
1.1 please send them through by January 8th! DRAFT Version 1.1  can be accessed 
at the first link on this page: 
http://www.freedomofexpression.org.uk/resources/version+1+1+draft 

 
Also, there has been much difficulty in reaching an approach to filtering and 
blocking which everyone can agree on. Lisa and I have had an in-depth look 
through the discussion to date and would like to propose the following:
 
Under Freedom of Expression we should exchange the current clause on freedom 
from blocking and filtering to:
?Blocking and filtering systems which aim to prevent access to content and are 
not end-user controlled are a form of prior censorship and cannot be justified.? 

(Please note, this language in inspired by the Joint Statement on Wikileaks by 
the UN and IAHCR Special Rapporteurs on freedom of expression, which is very 
clear and effective).
 
Then, following Meryems suggestion, we do not need to address filtering for 
technical functioning here. Instead, under Security of the Internet, the 
provision should be changed to the following:
?Everyone has the right to enjoy secure connections to and on the Internet. This 
includes protection from services and protocols that threaten the technical 
functioning of the Internet, such as viruses and malware.?
(Please note, in the discussions some people were keen to stress that the role 
of addressing viruses and malware belongs to ISPs and not to Governments. The 
Charter is supposed to be actor neutral, but this kind of information can go in 
the accompanying explanatory document.)
 
I think this wording addresses the discussions we have been having much better 
than the wording in the DRAFT Version 1.1 so I propose that we use this wording 
unless anyone has any major objections? 

 
All the best,
Dixie
___________________________________________________________
Dixie Hawtin
Researcher Global Partners and Associates
338 City Road, London, EC1V 2PY, UK
Office: + 44 207 239 8251     Mobile: +44 7769 181 556
dixie at global-partners.co.uk  www.global-partners.co.uk 
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