Centre for Internet and Society

WIPO SCCR 27 Text (April 28, 2014)

praskrishna — 2014-05-02T14:36:06Z

For more details visit https://cis-india.org/a2k/blogs/wipo-sccr-27-discussions-transcripts.txt

Is the WIPO Treaty for Broadcasters Moving Forward at SCCR 27?

praskrishna — 2014-05-02T11:58:15Z

The WIPO treaty for the Protection of Broadcasting Organization: The Way Forward?

CIS statement at WIPO is quoted in this post submitted by Manon Ress to Knowledge Ecology International on April 29, 2014.

On day 2 of Standing Committee on Copyright and Related Rights (SCCR) 27, it looks as if the US delegation was showing the SCCR delegates a "way forward" for a new treaty for broadcasting organizations. It seemed as if US diplomacy was working efficiently and the US proposal was gathering support. However, while the US proposal was indeed gathering support, public interest groups and copyright owners also became more vocal in their opposition to the proposal on the table.

Let me highlight aspects of the first 2 days (Monday and Tuesday 28-29 April, 2014) of discussions on the treaty. Wednesday half day is in principle devoted to conclusions on the first topic of the SCCR 27 and will be dealt with in a separate blogpost.

On Monday, led by Martin Moscoso, a most efficient Chair, the delegates moved quickly through the text (with many alternatives) and discussed the various technological platforms as well as the various forms of transmission for broadcasting. They decided to come up (later) with a matrix to, if not clarify at least simplify the work on the proposal. Monday was about the object of protection (what is a signal?) and Tuesday was about Article 9. which is the Article about rights. The issues were: what are the rights that will be granted or not granted to the broadcasters in the treaty.
Until lunch time Tuesday, the mood was quite optimistic and it was no longer "if there is a treaty" ...but when there is a treaty. Delegates were chatting everywhere and one could almost feel a treaty fever coming to the SCCR again.

The discussions were quite diplomatic but also technical. The Delegates are, after all, copyright and related rights experts obviously enjoying arguing and debating, subject matter protection, scope and of course nature of rights. Here is the Secretariat comprehensive review of Article 9 which include the many Exclusive rights that are on the table.

SECRETARIAT: this very high level. We have for Article 9 on page 8 two alternatives, alternative A and Alternative B. Then we have Article 9 in the annex, a proposal from India and then we also, of course, have the new proposal on, in that document, annex 6, I believe this is covered in Article 6 of the cablecasting organizations.Starting with the working text,Ssccr/27/2rev. Both of these Articles, they deal with exclusive rights to authorize by broadcasting organizations, the first one lists fewer rights it covers retransmission, performance, the use of a pre-broadcast signal with them and then with the performance (?), it leaves it as a matter of domestic law to determine the conditions under which this may be exercised provided that the protection is adequate and effective.

Alternative B has a more extensive list of exclusive rights that broadcasting organizations may authorize.

Fixation, direct, indirect production, retransmission by any means, communication to the public, making available, transmission for the reception by the public following fixation and making available to the public of the original and copies of fixations of broadcasts with respect to this alternative, there are two subparagraphs, two and three, that address some flexibilities. Two says that the indirect reproduction and retransmission rights may be a matter for domestic law where the protection of the right is claimed to determine the conditions under which it may be exercised provided that the protection is adequate and effective.

It is possible under 3 to deposit a notification with the Director General saying that instead of the exclusive right of authorizing providing for in subparagraphs 2, 4, 5, 6 and 7 there could be a right to prohibit with a notification.

Then there's a general final subparagraph talking about adequate, effective legal protection to signals. With the means of the protection being governed by legislation of the country where the protection is claimed.

The Annex includes various proposals and the Chair asked each proponents to explain:
For example, here is the US Intervention:
quote

The U.S. proposal for discussion is found in the annex at page 4, we first suggested this concept a year ago at intercessional meeting and fleshed it out in actual language at the last SCCR session. As we described then, the goal of our suggested language for discussion is to try to cut through the same debate of the scope of rights for this treaty that's been going on for in the range of 15 years now. What we were attempting to do was to identify a single core right, that would be very narrowly focused to address the fundamental concerns of broadcasters, to do so within the scope of the General Assemblies mandate to deal with signal protection, signal-based protection. As you see from the language, I won't go in a lot of detail, we have described this before, we would suggest that no post-fixation rights would be required at the international level, just protection for the signal itself and that after fixation we would be relying on protection for the content rather than the signal so not through this treaty, but through other treaties and through national laws.

So the way we formulated it was to focus on simultaneous or near simultaneous retransmission to the public of both the signal and the pre-broadcast signal because the broadcasters had made a case for the need of protection for pre-broadcast signal as well. As you can see from our proposed definition for discussion purposes we would define near simultaneous retransmission to be a transmission that's delayed only to the extent necessary to accommodate time differences or to facilitate the technical transmission of the signal. So recognizing that -- well sometimes there's a delay but we would be talking about delays of something more like seconds and hours rather than years.

What we would also like to do at this point, rather than spend many hours having everyone discuss again what their original proposals were, perhaps there's a way forward that this committee could consider. We do have a number of complex alternatives with multiple rights for Article 9 before us at this point.

And in the interest of being able to make progress, we would like to put forth an idea for consideration. In the discussion of our proposal for discussion purposes of this new approach we have not yet in the meetings that we have held since we first put it forward, we have not yet heard opposition to the Treaty covering at least that much and the main area of this agreement seems to be whether there should also be additional rights particularly relating to post-fixation uses. So one suggestion we put forward for consideration on how to move forward in this meeting would be to see if we can as a committee try to narrow the range of choices before us and there are a number of ways that this can be done. One possibility would be to say that one choice is the U.S. suggested approach in our proposal for discussion, and the other main choice would be to start with that, but then also add some version of the various post-fixation rights that other Delegations have proposed as the alternative. Maybe there's a way that the proponents could combine some of their catalog of rights into a shorter catalog or a single more general right dealing with post fixation uses and then although certainly the United States isn't in a position to agree to such a broader catalog, we would have a clearer idea of what the two main fundamental approaches are, and that would help us all clarify the situation and present the alternatives to be negotiated as we move forward and make it easier to look for potential compromises.

I don't know if that's entirely clear, and I would be I don't know if that's entirely clear, and I would be glad to describe in more detail what we were thinking about, but we put this out for everyone's consideration as a possible way to move forward rather than just to continue to go in circles with everyone explaining their own position. And again, you know, as we keep saying, we want to stress that all we're talking about again is a international minimum and that doesn't prevent anyone from having the entire catalog of rights that they may have in their current national system to preserving those rights and urging others to adopt them as well. We're looking for something that we can all agree to at international level.

This US Proposal which is about a narrow right (a signal-based approach) and also a way to limit the proposals on the table by having only two fundamental approaches on the table. The signal-based narrow approach or the US proposal by contrast with the catalog of rights proposed by the EU (and its supporters).

One had to note that what was in December for SCCR 26, an informal US proposal in the annex, had gathered many supporters. For example, the US proposal was supported in some ways by India:

INDIA: Good morning, Mr. President.
I think Belarus, the Distinguished Delegate from Belarus and the Distinguished Delegate from the U.S. started the day with good morning, with good initiatives. We're open to discuss those issues. Going back to the comments made by the Distinguished Delegate from belarus, we do agree that no additional protection to the content should be given because content, the content, it is either author or the performer, asper the convention or the WCPT or the sin graphic producer, the producer of the sin graphic or the sound performing. Already the protection, is that.

What we need to protect here, it is the signal as said by the Distinguished Delegate of the United States also. The signal-based approach, that's what it says, the signal has to be protected. If you look at the definition of signal which India has given in annex, Article 5, page 1, it clearly said that the signal means an electronically generated carrier consisting of a specific program whether encrypted or not and then encryption, it is the dpm, we all know that, you know that that's the business model, the technical model followed by most. Coming to the program carried by the signal, that's the broadcast content.

So we have to see what exactly the signal is carrying the broadcast. It contains, you know, various types of Intellectual Property that's a copyrighted material that we can divide into four main categories. One is, of course, the program content, whether it is in-house production, created by -- acquired from the content owner, and then the other content is the advertisement, and then the moment you will see these two things, each has its own look and appearance just like CNN or BBC, the moment that content is on the screen, you know this is CNN content, you know that this is BBC content, even the same if their live casting, this, you see, in the Standing Committee, you know how it is different, it is a CNN journalist, a B cc journal. Then becomes the way they arrange the content, that's the full thing. The way it is presented. So, these are the four things, the signal, broadcast content, content, so various licensing and arguments are there. The advertising appearing between the few seconds in the BBC journal is different than what advertisement of the CNN and apart from the look and feel of the journal, and then coming to the proposal I would like to briefly explain and make sure we're given the Article 9. It is totally based on the signal-based approach in what we have explained here that the broadcasting organization hall enjoy the right to prohibit if done without authorization the rebroadcast of the signal through traditional procedure casting means, so rebroadcast not only the broadcast, the rebroadcast has to be protected. Here the question of fixation comes, you know, the fixation to be allowed only for the purposes of the rebroadcasting are in the near simultaneous broadcast, which was our Distinguished Delegate from the U.S. was telling, maybe deferred on the delayed -- unless you fix it, you don't do that. Coming to the simultaneous broadcasting, the U.S. Delegate was talking about, here simultaneous in the traditional sense only, it is clear it is a signal-base aid approach in the traditional sense, not the webcasting or simulcasting, what we need to protect here, if any unscrupulous guy, unauthorized manner taking this program-carrying signal, putting it over the internet, the investment of that broadcaster has to be protected. So that's what our proposal talks about, not about the simulcasting, live screaming and other platforms. So there -- otherwise, we will be including the webcasting and simulcasting in the traditional approach. In the traditional platform doesn't carry the webcasting of the simulcasting in the traditional sense and also in the webcasting. That's the simulcasting, doing the same thing, in two different platforms.The simulcasting can be allowed here in the traditional sense, if the BBC wants to, at the same time, broadcasting the same problem, the reach of the B cc in that territory would be different and it is different, they're covering different parts of the world.

So, that's what I would approach here. Then with that, the Distinguished Delegate from U.S. raising the post mixation rights, one significant until appears on the screen, there is l. C or led, nowadays the technology, it is crazy. It is on the screen. So only the content, not the signal. So the fixation of signal, then post-fixation don't come in the signal-based approach. What we need to do is the Protection of Country the signal and if fixation is coming, that fixation is allowed only for the rebroadcast, deferred or delayed broadcast purposes. We'll come back in these issues as the further discussion continues.
Thank you.
And by by Mexico.
> MEXICO: Thank you, Chairman. It gives me great pleasure to see you Chairing and you have the full support of my Delegation in all your work and moving forward in the topics of this committee such valuable work from Mexico. I would like to thank the Secretariat for the document that they provided us with in such a punctual manner. Thank you for helping us with our work. I would like to recall all Delegations. That we need to be seeking the establishment of general standards to feel more comfortable within the legal framework of these particular topic. We shouldn't be looking for participation on any individual basis because we will move forward with our work.

I recall that any international Treaty has to be based on general principles and not on details and the details should be stipulated in the respective domestic legislation of each Member State. On that note I would like to support the proposals from the Distinguished Delegate from the United States that we should, yes, move forward in this way with the work of this committee
And by Japan:
JAPAN: Good morning, Mr. Chair.
Good morning, everyone. I'm speaking on behalf of the Japanese Delegation.
We're in the position to support the suggestion by the Distinguished Delegates from the U.S. to put to option related to scope of protection. With respect to scope protection, some Member States seems to find great value in wide variety of rights including fixation rights, including the right of production and the right of making available after the fixation. For such members, post-fixation rights should be included in this Treaty. On the other hand, some Member States are of the view that the minimum fixation rights, simultaneous or near simultaneous retransmission and the right of pre-broadcast is enough under this Treaty.

Here we would like to point out that in order to find the way forward in our discussion more flexible approach may be necessary. From our perspective one possible way while setting the common denominator among all Member States of subject matters for minimum mandatory protection, other rights which not all the members must -- most members think is necessary and this is treated as the subject matter for optional protection. Of course, even if we take such an approach we have to further discuss which rights should be mandatory protection and which rights should be optional protection.

And by South Africa:
SOUTH AFRICA: Thank you very much, Mr. Chairman.
In fact, I would like to associate myself with the previous speaker, Mexico and the U.S. I think it would be better to have just a general and another scope of rights for the broadcasters sips we're dealing with the signal-based approach and so as always to avoid having to include issues and list of issues that are covered by other Treaties. It may cause a problem in the long run in the sense that some Member States may find themselves want to be a part of this Treaty having to do a balancing act as to whether they need to join into this Treaty to be parties to the other Treaties or to the other issues that are being included in this particular Treaty. It would favor a very narrow, general scope of rights as I think the U.S. has captured that very well. I think it will help us to move forward. Otherwise we'll never -- a long, protracted kind of discussion and we have a very good experience in this, we have been looking at this for a very long time and part of the problems lie in this -- having a very long list of rights and so on, so on. I think that domestic legislation can do justice into the catalog of rights that Member States will now want to prescribe.

But things were not that easy with the EU:
EUROPEAN UNION: Thank you very much, Mr. Chairman. Good morning to everyone. We tried to look at all the possibilities and options on the table and tried to think of some matrix as you proposed yesterday for which we have to find for both the object of protection and for the rights. Looking at what was presented and discussed today, we tried to put this into some kind of order also in response to the proposal by the Delegation of The United States. What I will present now is our understanding of where we understand with these discussions on various rights and, of course, there may be rates where we have not understood properly.

To us, it seems that there is a consensus in the room as to simultaneous, as to the right to authorize a prohibited or prohibit simultaneous retransmission by any means. As long as we talk about simultaneous retransmission we think from the discussions that took place here, but everybody agrees with simultaneous transmission, that should be covered by the catalog of rights.
Then the other category, the important category here, are any transmissions from fixation. In our view, we should in a way separate the discussion on transmission from fixation from other post fixation points. I think often we use here the term simultaneous retransmission versus post-fixation rights. I think there is a bit of a more nuance to the situation here because we have the post fixation rights because of the reproduction and distribution which we'll talk about later. We have the core right here, the core right which is a retransmission from fixation.
In the U.S. proposal there is also an element of such transmission from fixation as far as we understand, but it is limited. It is limited by technical means and limited in time because it is only to take account of time zones.

In other alternatives that we have on the table as far as we understand in the working document, alternative A, Alternative B, the proposal which was presented today by Belarus on behalf of some members of the CACEEC group, and to the extent that we understand the proposal of the Delegation of India, all these proposals include the right to authorize and prohibit only the right to prohibit in case of the proposal from India transmissions from fixation. We have -- atlas the way we see it, on one side we have the U.S. proposal with transmissions from fixations limited in some way and specifically in time, and then we have a number of proposals where we have transmissions from fixations included. For us, that would be the second block after the simultaneous retransmission, the second block to look at is this block of transmission from fixation. Within this block there are a number of Delegations that in the very explicit way include the so-called making available right. This is the case of Alternative B in the working document, this is the case of the proposal -- proposal presented by Belarus today and this of course has been the position of the European Union as well.

So that's for us, the second thing to look at, maybe to put in this matrix.

We would like to somehow maybe separate this block of transmissions from fixation from what we usually call post-fixation rights. When we move to post-fixation rights you have -- this is always interesting, helpful to look at the table proposed by by the Japanese Delegation, there are a number of rights so that you have the right of fixation itself, of course, that's not exactly post-fixation rights but I think belongs to this group of rights, reproduction and distribution and the right of public performance in places without accessible, for repayment of the fee. All these rights, we think belong to this third block. To be looked at.
Of course, there are certain overlaps, when you look at the various proposals, some extend to all the rights, some extend to only some of these rights. In our view, these three groups are -- it is something to be looked at.

Further, I think if we look at this, if we create in matrix in that sense, it will help us to move further. Then, of course, for us, the next step of the discussion is to then understand in more detail various proposals and I'll just give a couple of examples. I think it is clear for everybody in the room to understand the proposal of the United States on near simultaneous transmission T will have to be very clear what is near simultaneous means, and especially since it is limited in time, in the U.S. today, they indicated, that limited in time not in terms of years, but rather in terms of hours or let's say shorter periods of time, it is very important to know how this would be, how it would be understood and how it works in practice. I think as regards to proposal from India, one thing for us is still maybe not entirely clear is this reference that in all cases the protection has to be subject to the extent of rights acquired from the owners of copyright and related rights. That's, for example, in terms of transmissions of sport events, which are not covered by copyright, we don't understand how this would be covered or whether the proposal of India is, but these would not be covered at all by these Treaties but there is a number of issues that we can go into more depth with each of these proposals. I think that the final, final block is what kind of rights are we talking about in terms of exclusive rights, rights to prohibit. That's all other rights.

In a number of these proposals, we have the right to offer us and prohibit, why for example in the proposal from India we have clearly right to prohibit. That's the final element of the matrix with which we have to look at because maybe not necessarily for all of the rights we have to have the same right. In the sense the same category of right. Maybe we can have some rights that are exclusive rights and for some rights, rights to prohibit, of course, we should not finally forget the protection for the pre-broadcast signal because we have not mentioned it today, but I think on that element also there is quite a broad consensus to have this as a right to the protection for pre-broadcasting. Thank you very much.
After quite a few confused and confusing interventions, the US took the floor again urging the delegates to separate the two main issues, what are we trying to protect and with what rights:
United States.

A lot of issues have been raised in the last round of interventions. I do think it is important to keep our minds fixed on the idea that there is two separate issues and one is the scope or object of protection and the other is what the nature of the rights are. Sometimes I think we're conflating them in the discussions, if we look at the matrix, the object of protection, what that is, I just wanted to note one more time while we've got the broadcasters in the room that I do think there is still some open questions that would be good to get answers to if not -- if it is not possible to get the answers this week, then the next time that this committee meets, and those were my questions about to what extent the uses of new technology described by the BBC and summarized in Japan's little summary document, to what extent the uses of new technology have become standard and how widely adopted they are among broadcasters in different countries and of different types and sizes. I think that would be helpful to know.

Also where the piracy takes place, where it is that those who are Pirating, getting the signals from would be useful to know as well and I partly raise these questions because to the extent we're debating the inclusion of or consideration of simulcasting, deferred, on demand transmission signals, in addition to the question of what extent the piracy problems would be covered by copyright in the content and another question with could be could this be seen an an issue of infringe.

Rather than the issue of protection. If we're protecting over the air broadcast signals, is the problem that the piracy of those signals is taking place using the simulcast versus using the actual over the air broadcast. That's why I see the issues as related, and I think it would be helpful to get more answers to those questions as we look at whatever matrix is prepared.

In terms In terms of the rights, the Article 9 issues, the EU asked a number of questions, I think the Delegate from the EU is correct that there's -- it is not just that the rights are prefixation and post fixation, there is probably at least three different types of things we're talking about. In the language the U.S. has proposed for discussion we're not presuming that the existence of a fixation at any point along the way negates the right, not at all. In fact, you certainly could have a simultaneous, near simultaneous near transmission of the public even where the retransmission is made from a fixation and indeed some technologies may require the use of a fixation to enable the retransmission.

I think what we're focusing on is the idea that there is no right to control the fixation itself or what is otherwise done with subsequent copies, including consumer copying, that would not fall within the right.

Then, just to say that we appreciated the comments from the Delegate of Brazil and also wanted to clarify our proposal was really a matter of process, not substance. We agree with Russia that we're looking to move this forward and so even though our view is that a single right rather than a combination is the most likely way to be able to make progress and move the debate forward, and achieve an outcome, we also think we could make progress here this week if we could simplify the full range of rights that are on the table and figure out a way to present two options for consideration and further negotiation.

That would only be for purposes of the negotiation rather than an agreement on substance at this point, that that's the right approach so then each of us could still be able to convince other Member States of our own view or to find some way to accommodate the concerns once we see what the two approaches clearly are.

It is a matter of process to be able to move forward from the complex text that we currently have before us.

Then just finally, we also agree that we still have open the exact wording of what the right would be in Article 9, is it a right to authorize, exclusive right to authorize, a right to prohibit, prevent, maybe at this point in time we need to keep those things in brackets also for further consideration, negotiation, including the issue razed by the E.U. Delegate that possibly the exact wording may be different depending on what the right is that we're talking about.

Following the US intervention, India discussed the very many different kind of piracy. Then, the Chair gave the floor to the NGOs and before lunch, the NAB (the demandeur for the treaty) made some clarifications related to the Monday presentation by the BBC (the red button or on demand webcast of BBC programs). Which was followed by KEI which stated:
quote.

This is not a treaty about copyright piracy but a special ride for broadcasters. I think it is not a good idea to sort of refer to cases where there is already a right, the copyright owners have (kei) unless you make it relevant to what's discussed here this week. IP rights are a form of regulation, and they create monopolies, rights to exclude, new layers of rights to clear, a shrinking of the public domain, and more obligations for consumers, libraries, businesses to pay more money not to copyright holders,but to the distributors of content. Don't go overboard. Don't approach this like you're a rich relative giving gifts to nephews and nieces, interventions should be narrow and only where they're actually needed to solve a problem like signal piracy to the extent that it is understood and can be remedied through an instrument, or to achieve a predictable, a desired redistribution of income to broadcasters. You're in this case extending rights to entirely new beneficiaries, it is not just people that broadcast in radio and television which was what the Rome convention addressed and make the service available that no one could charge for. Now you're talking about pay services protected by under legal protections such as regulatory provisions, contracts, theft of service laws, you're talking about cable tv service shut off if you didn't pay, cable -- satellite services that are shut off if you don't pay, you're talking about a wide-range of internet delivery issues and people are talking about post fixation rights.

You have what the BBC has described, you have people talking about services now provided under services in the United States such as hulu using platforms like these decidings, tablet computers, the explosion of services, and most of the people doing most of the innovative services outside of BBC are not here demanding a WIPO treaty but doing things, it is working, exploding and it is happening without this new form of regulation. So, I would say conclude by saying that the Rome convention or the WPPT or the Beijing treaty should not be the basis of the rights. Those rights already exist, they address different issues. You're talking about something new today and this new thing should be justified by some coherent explanation of a problem you are trying to solve and should be comfortable because of the cost of the regulation you're introducing to the information society is somehow justified by the benefit.

The Chair called then on the American Society of Archivists:

Thank you, Mr. Chair. On behalf of the society of American Archivists, the largest organization of archivists, we want to commend you for the continued wise chairmanship of the srcr and thank you to the Secretariat for the excellent support of the Committee's work. For decades archives included not just paper records but also important sound and video recordings, many of which have come from broadcasters. These are invaluable documents for connecting society to its past. Think of a major event in the past 15 years, the fall of the Berlin wall or the collapse of the twin towers on September 11th, without the video images that were created, these are the documents that will provide the stuff of history that connects future users to the archives. Thus, regardless of whatever measures are put into place to provide the signal protection that broadcasters need, the new rights should not add any further layers on the already existing copyright protection that exists in the content. Over the long passage of time the archives have to span, and given the vigories of institutions that disappear with regularly, adding a new right on broadcast content would add imher rationally for the orphan work in providing abscess to the dock ministry sector that is such an important part of society's historical record. After the lunch break, eIFL took the floor. The giddy mood of "moving forward" that we had witnessed in the morning was slowly changing (the momentum keep changing said a broadcaster sitting behind me).
[...]
eIFL: As stated at previous sessions of this Committee we see no compelling public policy reason for a new international treatment on the protection of broadcast organisations because piracy of broadcast signals is adequately dealt with under existing laws and treaties as outlined in the earlier statement by KEI. And the creation of a new layer of rights that affects access to content is of great concern to librarians because it imposes an additional barrier on access to knowledge especially to content in the public domain.

As stated which the Delegation of Ecuador, a new layer of rights will in addition to creating problems for users create froshes rights holders of content that will impact on their ability to freely licensed their works. Libraries have practical experience of such over protection caused by multiple layers of rights. For example, a library in northern Europe wanted to publish a sound recording from their archive that was originally broadcast in the 1950s. The recording was taken from a rebroadcast in the 1980s. And all of the performers'rights had expired and the authors waived their fees due to the importance of the work, the library had to pay $10,000 for the permission to use the recording because the signal protection applied also to the the retransmission.

So for many libraries, as you can imagine, such costs are out of the question. As a result, socially valuable works remain inaccessible in libraries and archives, depriving the public of the enjoyment of their work. So Distinguished Delegates, please consider the costs to taxpayers and society as well as the perceived benefits of this proposed treaty. Thank you.

After the Libraries, --except for the European Broadcasters under ACT which came to support the NAB and the proposed treaty--, other consumer/public interest groups such as TACD and CIS (India) followed by many many right holders (copyright holders or as they say at WIPO content owners) such as IFPI, FILA, BCC and FIAPS (representing authors, performers, music producers) took the floor one after the other to express their strong opposition to the proposed treaty. The main point for the Music industry representative was that before the broadcasters get a new exclusive rights, they should first recognize the rights of the music producers and pay for music that they broadcast. While this is actually happening in many countries already, the US broadcasters do not pay and that should change first according to the IFPI. Finally (and that was a surprise for many), a representative from Direct TV attending the SCCR for the first time expressed its strong concerns for a treaty that would give broadcasters exclusive rights and thus more power to control the media market.

Here is the Indian NGO CIS statement:
We have some concerns regarding the intended scope and language of Article 9 in Working Document SCCR/27/2 Rev. We believe that this expands the scope of this proposed treaty and is likely to have the effect of granting broadcasters rights over the content being carried and not just the signal. On this issue, we have two brief observations to make:

First- Article 9 envisages fixation and post fixation rights for broadcasting organizations- for instance among others, those of reproduction, distribution and public performance This, we believe is not within the mandate of this Committee, being as it is, inconsistent with a signal based approach.

Second- we express our reservations on the inclusion of “communication to the public” reflected in Article 9 Alternative B, which also relates to the definition of communication to the public under alternative to d of Article 5 of this document. Communication to the public is an element of copyright and governs the content layer, as distinct from the “broadcast” or “transmission” of a signal.

Therefore, attempts to regulate “communication to the public” would not be consistent with a signal based approach.Notes during the excellent IFPI statement as well as statements by the other copyright owners will be in my next blog for your enjoyment.

For more details visit https://cis-india.org/news/knowledge-ecology-international-manon-ress-april-29-2014-is-wipo-treaty-for-broadcasters-moving-forward-at-sccr-27

SCCR 26

praskrishna — 2014-05-01T13:57:22Z

For more details visit https://cis-india.org/a2k/blogs/sccr-26.pdf

Access to Knowledge Bulletin — May 2014

praskrishna — 2014-07-04T05:30:05Z

The Access to Knowledge (Wikipedia) newsletter for the month of May 2014:

We from the Centre for Internet and Society (CIS-A2K) thank you all for your support and collaboration. We bring you the details of our work for the month of May 2014:

CIS Signs MoU with Shri Dharmasthala Manjunatheshwara College

CIS-A2K signed a memorandum of understanding (MoU) with Shri Dharmasthala Manjunatheshwara College to introduce “Indian Language Wikipedias in the Indian Under Graduate and Post Graduate Classroom”. Dr. U.B. Pavanaja on behalf of the CIS-A2K team signed the MoU. The signing event took place earlier on April 21, 2014.

Articles

Books and More are Relicensed to Creative Commons (by Subhashish Panigrahi, Opensource.com, May 2, 2014).
GLAM in India: 10 tips for successful GLAM projects (by Subhashish Panigrahi, OpenGLAM, May 27, 2014).
Indic Language Wikipedias as Open Educational Resources (by Subhashish Panigrahi, Open Education Working Group, May 27, 2014).

Blog Entry

Community led Konkani Wikipedia Outreach (by Nitika Tandon, May 16, 2014)

Event Organized

Tulu Wikipedia Workshop at Udupi (co-organized by CIS-A2K and the Regional Research Centre, MGM College, Udupi, May 25, 2014). Dr. U.B.Pavanaja conducted the workshop.

News and Media Coverage

CIS gave its inputs to the following media coverage:

Wikipedia in UG Education program at Christ University (Prajavani, May 15, 2014).
Subhashish Panigrahi joins Open GLAM Working Group Subhashish recently joined the OpenGLAM Working Group (a global network of people who work to open up cultural data and content.) as a member and OpenGLAM Local (a local affiliate of OKFN's OpenGLAM project) as an ambassador for India. Both the positions will be voluntary.

Wikimedia Foundation has funded A2K to anchor the growth of Wikimedia movement in India. The A2K team consists of six members, four based in Bangalore: T. Vishnu Vardhan, Dr. U.B. Pavanaja, Subhashish Panigrahi and Rahmanuddin Shaikh. One team member Nitika Tandon is based in Delhi. We also have one Advisor Dr. Tejaswini Niranjana working with us. Archives of our newsletters can be accessed here. Wikipedians from various communities can request for outreach programs, technical bugs, logistics-merchandize and media, public relations and communications here.

About CIS

The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government, FOSS, open standards, etc.), and engages in academic research on digital natives and digital humanities.

Twitter: https://twitter.com/CISA2K
CIS group on Facebook: https://www.facebook.com/groups/cis.india
Visit us at: https://cis-india.org

Support Us
Please help us defend consumer / citizen rights on the Internet! Write a cheque in favour of ‘The Centre for Internet and Society’ and mail it to us at No. 194, 2nd ‘C’ Cross, Domlur, 2nd Stage, Bengaluru – 5600 71.

Request for Collaboration:
We invite researchers, practitioners, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, at sunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org. To discuss collaborations on Indic language wikipedia, write to T. Vishnu Vardhan, Programme Director, A2K, at vishnu@cis-india.org

CIS is grateful to its donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation and the Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/access-to-knowledge-bulletin-may-2014

April 2014 Bulletin

praskrishna — 2014-07-04T03:38:00Z

The newsletter for the month of April can be accessed below:

We at the Centre for Internet & Society (CIS) welcome you to the fourth issue of the newsletter (April) for the year 2014. Archives of our newsletters can be accessed at: http://cis-india.org/about/newsletters

Highlights

We have published a compilation of the various central government schemes in a blog post as part of our National Resource Kit project.

The 27^th session of the WIPO Standing Committee on Copyright and Related Rights (WIPO-SCCR) was held in Geneva from April 28 to May 2, 2014. Nehaa Chaudhari participated in the event. CIS made its statements on Technological Measures of Protection on Limitations and Exceptions for Libraries and Archives, Orphan Works, Retracted and Withdrawn Works, and Works out of Commerce on Limitations and Exceptions for Libraries and Archives, and on the WIPO Proposed Treaty for the Protection of Broadcasting Organizations.
CIS signed a memorandum of understanding (MoU) with Mysore University for converting to Unicode and re-releasing their encyclopaedia under Creative Commons License. Dr. U.B. Pavanaja on behalf of the CIS-A2K team signed the MoU.
A two-day global stakeholder meeting on future of internet governance (NETmundial) was organized by the Brazilian Internet Steering Committee in partnership with /1Net at Sao Paulo in Brazil on April 23 and 24, 2014. Achal Prabhala participated in the event. As part of its research to enable productive discussions of the critical internet governance issues at the meeting and elsewhere CIS published a total of 16 blog entries.
We conducted an empirical study of five separate and diverse banks (State Bank of India, Central Bank of India, ICICI Bank, IndusInd Bank, and Standard Chartered Bank) to gain a practical perspective on the existing banking practices and policies in India, and published a Banking Policy Guide.
As part of the Making Change project Denisse Albornoz interviewed Tuhin Paul, an artist and storyteller behind Menstrupedia, an India-based social venture creating comics to shatter the myths and misunderstandings surrounding menstruation around the world. Denisse provides an analysis of ‘menstrual activism’ — a movement that despite its trajectory in feminism remains unnoticed in most accounts of traditional and digital activism.
Six research studies were commissioned by HEIRA-CSCS (over November 2013-March 2014) as part of the collaborative exercise with CIS to map the Digital Humanities within a broad rubric of exploring changes at the intersection of youth, technology and higher education in India. P.P.Sneha in her blog post presents a broad overview of some of the key learnings from these projects.

Jobs
CIS is seeking applications for the post of Programme Officer (Access to Knowledge). There are two vacancies for this post one in Delhi and one in Bangalore. To apply, please send your resume to Sunil Abraham (sunil@cis-india.org), Nirmita Narasimhan (nirmita@cis-india.org) and Pranesh Prakash (pranesh@cis-india.org) with three writing samples of which at least one demonstrates your analytic skills, and one that shows your ability to simplify complex policy issues.

Accessibility and Inclusion

Under a grant from the Hans Foundation we are doing two projects. The first project is on creating a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India. We compiled the first draft of the kit (29 states and 6 union territories). The chapters along with the quarterly reports can be accessed on the project page. The second project is on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here.

NVDA

Monthly Update

NVDA e-Speak Text-to-Speech Project Update (by Suman Dogra, April 28, 2014).

National Resource Kit

Blog Entry

Central Government Schemes (by Anandhi Viswanathan and CLPR, April 27, 2014).

Other

Blog Entry

Polling Pains (by Amba Salelkar, April 30, 2014).

Media Coverage

Are Elections Fair to People With Special Needs? (by Papiya Bhattacharya, New Indian Express, April 8, 2014).
Enabling Elections (Vijay Karnataka, April 9, 2014). This was published in Kannada.

Access to Knowledge

As part of the Access to Knowledge programme we are doing two projects. The first one (Pervasive Technologies) under a grant from the International Development Research Centre (IDRC) is for research on the complex interplay between pervasive technologies and intellectual property to support intellectual property norms that encourage the proliferation and development of such technologies as a social good. The second one (Wikipedia) under a grant from the Wikimedia Foundation is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

WIPO SCCR

Participation in Events

Standing Committee on Copyright and Related Rights: Twenty-Seventh Session (organized by WIPO, Geneva, April 28 – May 2, 2014). Nehaa Chaudhari participated in the event. France, Greece, India and the European Union signed the Marrakesh Treaty. CIS delivered statements on Technological Measures of Protection on Limitations and Exceptions for Libraries and Archives, Orphan Works, Retracted and Withdrawn Works, and Works out of Commerce on Limitations and Exceptions for Libraries and Archives, and on the WIPO Proposed Treaty for the Protection of Broadcasting Organizations. Transcripts of the discussions can be accessed here.

Blog Entries

Report on CDIP-12 (by Puneeth Nagraj, April 22, 2014).
Signing and Ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled (by Nehaa Chaudhari, April 25, 2014).
Report on the WIPO Director General’s Meeting with NGO’s (by Puneeth Nagraj, April 30, 2014).

Media Coverage

Is the WIPO Treaty for Broadcasters Moving Forward at SCCR 27? (by Manon Ress, Knowledge Ecology International, April 29, 2014).
At WIPO, Authors, Civil Society Watchful of Rights for Broadcasters (by Catherine Saez, IP Watch, May 1, 2014).

Other

Event Organized

NASA International Space Apps Challenge 2014 (CIS, Bangalore, April 12 – 13, 2014).

Blog Entries

Online Survey for Indian Mobile App Developer Startups & Enterprises (by Samantha Cassar, April 9, 2014).
App Developers Series: Services, Products, Dichotomy & IP – Part I (by Samantha Cassar, April 10, 2014).
Report on CDIP-12 (by Puneeth Nagraj, April 22, 2014).
Report on the 31st Session of the Standing Committee on Trademarks (by Puneeth Nagraj, April 29, 2014).

Wikipedia

The following has been done under grant from the Wikimedia Foundation:

Announcement

CIS Signs MoU with Mysore University (by Dr. U.B.Pavanaja, April 16, 2014): for converting to Unicode and re-releasing their encyclopaedia under Creative Commons License. Dr. U.B. Pavanaja on behalf of the CIS-A2K team signed the MoU. The signing event took place earlier on February 22, 2014.

Articles

Vachana Sanchaya: Bringing Access to 11th century Kannada Literature (by Subhashish Panigrahi, April 3, 2014)
୭୯ ବର୍ଷରେ ସ୍ୱତନ୍ତ୍ର ଓଡ଼ିଶା: ଶାସ୍ତ୍ରୀୟ ଓଡ଼ିଆ ଓ କମ୍ପ୍ୟୁଟରରେ ଏହାର ବ୍ୟବ‌ହାର (by Subhashish Panigrahi, Amalekha, April 4, 2014).
ଓଡ଼ିଅା ଭାଷାର ବିକାଶ ଓ କମ୍ପ୍ୟୁଟର (by Subhashish Panigrahi, The Kadambini, April 8, 2014).
Report from India: Relicensing books under CC (by Subhashish Panigrahi, Creative Commons Blog, April 19, 2014).
14 Odia books re-released under Creative Commons license (by Subhashish Panigrahi, DNA, April 26, 2014). The article was edited by Rohini Lakshane.

Events Organized

Tulu Wikipedia Workshop (organized by CIS-A2K, Balmatta Computer Centre, Mangalore, April 5, 2014). Dr. U.B.Pavanaja conducted the workshop.
Konkani Wikipedia Workshop (co-organized by All India Konkani Writers Organization and CIS-A2K, Kalaangann Shaktinagar, April 6, 2014). Dr. U.B.Pavanaja conducted the workshop.
Tulu Wikipedia Editathon (co-organized by Karnataka Theological College and CIS-A2K, Mangalore, April 19, 2014). Dr. U.B.Pavanaja conducted the workshop.

Participation in Events

Wikipedia Session for Trainee Journos (organized by Prajavani, Bangalore, April 28, 2014). Dr. U.B.Pavanaja took a session for the trainee journalists of Prajavani Kannada daily on Wikipedia.
World Book Day (organized by Karnataka Publishers’ Association, Indian Institute of World Culture, Basavanagudi, Bangalore, April 23, 2014). Dr. U.B.Pavanaja was a speaker.
Relevance of Bhagabat Tungi in the evolution of Odia language from Buddha era to digital age (organized by The Intellects, Shree Jagannath Mandir and Odisha Art and Cultural Center, New Delhi, April 24, 2014). Subhashish Panigrahi participated in the event.

Media Coverage
CIS gave its inputs to the following media coverage:

M'lore: Wikipedia Workshop held for Konkani writers (Daijiworld, April 6, 2014).
Odia Loves Wikipedia (Rising Voices, April 10, 2014). This was also published in Spanish and in Russian.
International Book Day (The Hindu, April 21, 2014).
Books are a bridge between generations (The Deccan Herald, April 23, 2014).
World Book Day Report (Vijaywani, April 23, 2014).
Seminar on Odia Language in New Delhi by the Intellects (Odisha Samachar, April 24, 2014).
Delhi meet focuses on Bhagabat Tungi revival (The Pioneer, April 26, 2014).

Internet Governance

As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and International Development Research Centre (IDRC)) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on studying the restrictions placed on freedom of expression online by the Indian government.

NETmundial

As part of its participation in the NETmundial event organized in Brazil by Brazilian Internet Steering Committee in partnership with /1Net at Sao Paulo on April 23 and 24, 2014 CIS produced a total of 16 outputs:

Sumandro Chattapadhyay produced these visual representations: Comparing Appearance of Fifty Most Frequent Words, Contributions by Countries of Origin, Contributions by Types of Organisation, Which Countries Have Not Submitted Contributions to NETmundial?, Which Governments Have Not Submitted Contributions to NETmundial?, Word Clouds of Contributions by Types of Organisation and Tracking *Multistakeholder* across Contributions. Achal Prabhala participated in the event and wrote these: Day 0, Day 1, and Day 2. Transcript of the NETmundial for archival purposes was made available by Pranesh Prakash. Smarika Kumar produced two research outputs: NETmundial and Suggestions for IANA Administration and Accountability of ICANN. Geetha Hariharan wrote two blog posts: Marco Civil da Internet: Brazil’s ‘Internet Constitution’ and Brazil passes Marco Civil; the US-FCC Alters its Stance on Net Neutrality. Jyoti Panday wrote one blog post: NETmundial Roadmap: Defining the Roles of Stakeholders in Multistakeholderism.

Privacy

Analyses

Report of the Group of Experts on Privacy vs. The Leaked 2014 Privacy Bill (by Elonnai Hickok, April 14, 2014).
Banking Policy Guide (by Elonnai Hickok, April 22, 2014).
The Embodiment of the Right to Privacy within Domestic Legislation (by Tanvi Mani, April 29, 2014).

Articles

Who Governs the Internet? Implications for Freedom and National Security (by Sunil Abraham, Yojana, April 4, 2014).
Privacy Law in India: A Muddled Field – I (by Bhairav Acharya, The Hoot, April 15, 2014).
Very Big Brother (by Sunil Abraham, GeneWatch, January – April 2014 Issue).

Blog Entry

South African Protection of Personal Information Act, 2013 (by Divij Joshi, April 16, 2014).

Participation in Events

Milton Wolf Seminar on Media and Diplomacy: The Third Man Theme Revisited: Foreign Policies of the Internet in a Time Of Surveillance and Disclosure (jointly organized by the Center for Global Communication Studies (CGCS) at the University of Pennsylvania’s Annenberg School for Communication, the American Austrian Foundation (AAF), and the Diplomatic Academy of Vienna (DA), Vienna, March 30 – April 1, 2014). Nishant Shah participated in the event as a panelist.
GSMA Partners Meeting (organized by Privacy International, London, April 9, 2014). Elonnai Hickok participated in this meeting.
The Critical Life of Information (organized by Yale University, 100 Wall Street, April 11, 2014). Nishant Shah spoke in the panel on Big Data and Governance. Malavika Jayaram spoke in the panel on Big Data and the Arts.
Round-table on User Safety on the Internet (organized by Consumer Voice and Google, Infantry Road, Bangalore, April 24, 2014).
6th Biannual Surveillance and Society Conference (organized by Eticas Research and Consulting, University of Barcelona and CCCB, April 26 – 24, 2014). Malavika Jayaram gave a talk on “Biometrics in beta: experimenting on a nation (while normalising surveillance for 1.2 billion people)”.

Other

Articles

Between the Local and the Global: Notes Towards Thinking the Nature of Internet Policy (by Nishant Shah, cgcsblog, April 1, 2014).
Networks: What You Don’t See is What You (for)Get (by Nishant Shah, April 17, 2014).

News & Media Coverage

CIS gave its inputs to the following media coverage:

Two Indians in Global Commission on Web Governance (April 1, 2014): Sunil Abraham was named as one of the experts. This was published in Outlook, Economic Times, and in Matters India.
The Take Down of Free Speech Online (Newslaundry, April 1, 2014): CIS research on Intermediary Liabilities is quoted.
The politics of Facebook (by Shweta Tiwari, April 1, 2014).
New privacy Bill more refined & has wider ambit, say experts (by Surabhi Agarwal, Business Standard, April 2, 2014).
Should Nandan Nilekani's Aadhaar project, for identity proof and welfare delivery, exist at all? (by M. Rajshekhar, April 3, 2014).
Lok sabha polls: Social media companies launch special pages for polls (by Varuni Khosla, Economic Times, April 10, 2014).
Parties give short shrift to privacy (by Pratap Vikram Singh, GovernanceNow.com, April 12, 2014).
No party's got a clear stand, Aadhaar's fate hangs in balance (by Pratap Vikram Singh, GovernanceNow.com, April 13, 2014).
'India wants core internet infrastructure' (by Indrani Bagchi, April 24, 2014).
India for inclusive internet governance (by Indrani Bagchi, April 25, 2014).
Facebook launches FB Newswire for journalists; loses part of its immunity under IT Act 2000 (by Amrita Madhukalya, DNA, April 26, 2014).

Digital Humanities

CIS is building research clusters in the field of Digital Humanities. The Digital will be used as a way of unpacking the debates in humanities and social sciences and look at the new frameworks, concepts and ideas that emerge in our engagement with the digital. The clusters aim to produce and document new conversations and debates that shape the contours of Digital Humanities in Asia:

Blog Entries

Confession in the Digital Age (by Rimi Nandy, April 14, 2014).
Animating the Archive – A Survey of Printed Digitized Materials in Bengali and their Use in Higher Education (by Saidul Haque, April 14, 2014).
‘Doing’ Digital Humanities: Reflections on a project on Online Feminism in India (by Sujatha Subramanian, April 14, 2014).
The Machinistic Paradigm Collapse (by Anirudh Sridhar, April 14, 2014).
Exploring the Digital Landscape: An Overview (by P.P.Sneha, April 14, 2014).
Digital Humanities and the Problem of Definition (by P.P.Sneha, April 25, 2014).

Digital Natives

CIS is doing a research project titled “Making Change”. The project will explore new ways of defining, locating, and understanding change in network societies. Having the thought piece 'Whose Change is it Anyway' as an entry point for discussion and reflection, the project will feature profiles, interviews and responses of change-makers to questions around current mechanisms and practices of change in South Asia and South East Asia:

Making Change Project

Blog Entry

Multimedia Storytellers: Panel Discussion (by Denisse Albornoz, April 16, 2014).
From Taboo to Beautiful – Menstrupedia (by Denisse Albornoz, April 30, 2014).

Telecom

CIS is involved in promoting access and accessibility to telecommunications services and resources and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Event Organized

Tech Talk: Landscape of Wireless Communications & Electromagnetic Spectrum (CIS, Bangalore, April 28, 2014). A. Radha Krishna gave a talk on wireless communication technologies.

About CIS

► Follow us elsewhere

Twitter: https://twitter.com/CISA2K
Facebook group: https://www.facebook.com/cisa2k
Visit us at: https://meta.wikimedia.org/wiki/India_Access_To_Knowledge
E-mail: a2k@cis-india.org

► Support Us

Please help us defend consumer / citizen rights on the Internet! Write a cheque in favour of ‘The Centre for Internet and Society’ and mail it to us at No. 194, 2nd ‘C’ Cross, Domlur, 2nd Stage, Bengaluru – 5600 71.

► Request for Collaboration:
We invite researchers, practitioners, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, at sunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org. To discuss collaborations on Indic language Wikipedia, write to T. Vishnu Vardhan, Programme Director, A2K, at vishnu@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/april-2014-bulletin

WIPO SCCR 27 Text (April 29, 2014)

praskrishna — 2014-05-05T00:30:39Z

For more details visit https://cis-india.org/a2k/blogs/2014-04-29-sccr-27.txt

Reaping the Benefits of Gamification

dipali — 2015-10-24T14:24:55Z

As a part of the Making Change blog-post series, in this post we will identify a new technique: gamification. This technique is being used for sustainable environment conservation by modern day change-makers. We interview two out of three co-founders of Reap benefit- Kamal Raj and Gautam Prakash who believe in the adoption of more sustained environmental practices that induce social change towards conserving the environment.

CHANGE-MAKER: Kamal Raj,Gautam Prakash and Kuldeep Dantewadia
 
ORGANISATION: Reap Benefit 

METHOD OF CHANGE: Gamification and Human centric systems for consistent behavior change towards better waste-water-energy management. 

STRATEGY OF CHANGE: Building a new era of environmentally conscious youth in India through technology and an interdisciplinary approach to change.

We depend on the environment and the resources that it provides us, but surprisingly we are unaware of the effects of its depletion and the need to save these resources. A few of the problems that people now face are with resources like- water,waste and energy because we do not acknowledge the fact that we are wasting them unconsciously. This only triggers the need for more and more solutions which would change the way people perceive the resources and realize the need to conserve. While trying to start an initiative to come up with some solutions to manage these resources, we are approached by the question of the accessibility, affordability and sustainability of those solutions. The solutions and the practice of that solution is a two-way process for any sustainable making-change initiative.

In this post I will be introducing to you Reap Benefit and the technique of Gamification. I will bring out a comparative analysis of the various definitions by renowned gaming authorities across the world who are involved in the process of using games in non-game contexts to bring out change in the offline space. Only after this, will I be acknowledging the importance of the strategies used by Reap Benefit for making these solutions sustainable. The strategies will be- human centric solutions and gamification. Then, I will bring out the connection between these two strategies to provide you an inter-disciplinary understanding of the making change process. Next, these strategies will be coupled with the discussion on the use of technology to speed-up the process. Also, throughout this post we will be referring to the blog- Methods of Social Change written by Denisse Albornoz and we will also make an attempt to answer the questions- 'Who,Where,How' of this making change project in relation to Reap Benefit. The blog post can be accessed here.

Before the journey of the post, I would like you to read this little success story narrated by Kamal Raj in the interview that led Reap benefit a step higher in its aim for making change:

Reap benefit went to a school which received only 400 litres of water supply a day resulting in poor health and care conditions. This water would be used for washing their plates after the mid-day meal and also for sanitation systems. This would only make the place a platform for water, food and breeding mosquitoes all together. Since the students usually consumed food with their right hand, while taking the plate to wash it, they would leave the plates at one side; they would open the tap with their left hand, would take their plates again and start washing them. During this time interval, they would waste a lot of water.

As, a solution to this, Reap Benefit changed the taps which would discharge 60% less of water. They also created a clean water purification system. Now, with the same 400 litres of water, students washed their plates and adopted better sanitation practices. The challenges that they faced actually made them innovate better systems for remarkable change.

Think about these questions for a minute..

Does this story relate to physical needs?
Does this story relate to creative problem solving?
Is it a story that brings out better affordable solutions?
With this solution were the students benefited?
Was this a successful idea?

Reap Benefit

First of all, take a look at a brief introduction of Reap Benefit given by Kamal Raj:

Kamal: "Reap Benefit works to implement affordable solutions, enabling quantifiable waste-water-energy management systems, as a way to facilitate behavioural change by engaging the head, hand and heart of the user. Having worked with many people, we have realized that behaviour modification allows for more sustained adoption of environment sustainability practices. We take them through a 4-stage behavioural change process – ‘Unconsciously Wrong’, ‘Consciously Wrong’, ‘Consciously Right’ and ‘Unconsciously Right’ (we will understand this process later in the post). A link to the website is here- Reap Benefit."

Reap Benefit is bound together by the deep concern for the environment they have and the dead-lock issues that it faces. They aim for affordable solutions with maximum impact in the least time. Kamal marks that they work only with the students within the age group 10-16, because the use gamification is most effective in this age group. Also, he makes an addition to that by saying the rewards the older age groups demand are not as easy-to-meet as those of the age group they work with. It also aims to co-create experiences by working hands on with the youth: their target audience for creating change.

It is said that the more you practice the better you get. By this, I would like to introduce you to the concept of quotidian activism. Reap Benefit deeply believes in this concept. But, what does quotidian activism mean? A working definition is: the form of activism occurring everyday. This form of activism may lead to people making actions sustainable and achieve consistent behavioural change, supported by products and innovations provided by Reap Benefit (later in this post, I will introduce you to some of these innovations).

Finally, Reap Benefit highly focuses on the need to answer the ‘why’ behind the problem. This answer would provide a more personal understanding of the problem for creating change. By engaging the participant with the 'why', he will also be able to evaluate the impact and the benefits of his actions, take ownership of the problem and comprehend the need for innovation.

What is 'change' for Reap Benefit?

Presuming every organization has its own design to making change, Reap Benefit's understands it in the following way:

Gautam: “Change for us is a very sub-conscious part of your life. (It is also a) two stage process- knowledge: which will tell us we need solution and the solution. The knowledge will tell you that you are unconsciously doing the wrong thing. Then when you realize it, you go to a stage of consciously wrong. When you keep doing this you reach a stage when you know that you are consciously doing right, and soon, you are doing it every single day and then you unconsciously do it.”

I will attempt to understand their process of change by adding that this 'to be good' drive in the individual or the need for public approval is what makes them do unconsciously right everyday, and then it is only the last stage what makes it a habit. Gautam also mentions that each of these stages has an impact of its own and altogether, they become more powerful. This change process will lead to sustainable change according to him.

We have seen the change agents that are vital to create change, but how is this change executed? In the next section we will look at two strategies used for making change: gamification and human-centred design and later, we will only try to produce a connection between them.

Discovering Gamification

In this section, we will unpack the first part of the 'how' question. First of all, we will compare the various definitions of the technique given by people involved in understanding the use of game elements in the non-game contexts, to create change in the emotional and social behaviour of people. The definitions of these three people in the big list of so-called gamification authorities will be used provides us with keywords for a comparative understanding of what the technique means. These three people are:

JANE McGONIGAL: She is an American game designer and author who advocates the use of mobile and digital technology to channel positive attitudes and collaboration in a real world context.

GABE ZICHERMANN: He is an author, public speaker, and self-described "serial entrepreneur." He has worked as a proponent of leveraging game mechanics in business, education, and other non-entertainment platforms to increase user engagement through gamification.

JESSE SCHELL: He is an American video game designer an acclaimed author, CEO of Schell Games and a Distinguished Professor of the Practice of Entertainment Technology.

Definitions

JANE McCONIGAL	GABE ZICHERMANN	JESSE SCHELL
“It is a blissful productivity acquired by the flourishing feeling, that is, accomplishments in a game but only with a volunteering attribute of the participant.”	“Games are the only force in the universe that can get people to take actions against their self-interest in a predictable way without using force.”	“It is a problem solving situation that you enter into because you want to.”

I would be like to bring points of intersections between these three definitions.

VOLUNTEERING ATTRIBUTE VS. USE OF FORCE: The volunteering attribute is an efficient way to foster sustainable participation, as opposed to the use of force which makes a campaign less appealing.
PROBLEM SOLVING SKILLS: Games are a very responsive way of trying to accomplish problem solving as the person is engaged with the problem and willing to solve it.
PRODUCTIVITY: There problem solving skills leads the participant to a desired outcome.

These points also give you a clear understanding of Reap Benefit who works along the same lines with the volunteer or participant to solve the problem of conservation.
But, does the usage of games actually produce behavioral change? If so, how do games provide this function? These are some of the questions we will try and attempt to answer in the next section.

Games as a Tool to Influence Behaviour

Playing games results in obtaining rewards in some form of the other. These rewards psychologically induce a positive emotional feeling in the participant. When the participant learns something through games and when that emotional feeling arises, he tries and incorporates the same solutions in the games to solving the real life problems. This brings out an improved result and problem solving ability. But what about the affordability of that solution? We need to understand ways to make it affordable because any task once done will not induce consistency in the behavior change. But the task repeated many times will improve or change the behavior over a long period of time. So, when the question of affordability (financial fear) is answered then the emotional feeling primarily can bring out change in the behavior of the individual. (Yongwen Xu, 2011).

There are also some game mechanics that are to be kept in mind to change behavior while designing games apart from just the element of fun and affordability. So, we will now look at another authority involved in gamification in the upcoming section to explore these mechanics. We will also try and understand these mechanics in relation to Reap Benefit.

Game Mechanics

Seth Priebatsch is the creator of SCVNGR and LevelUp social gaming sites. He has provided a list of game mechanics which could be necessary to understand games and why they produce particular changes for a better environment. These are:

Appointment Dynamics: to bring players to do something at a pre-defined time and place.

Influence and status: any participant or group that is involved in the change-making process, is influenced by the presence of others because of the competition and the envy that leads them to carry forward the task

Progression Dynamics: the success of the student is measured through the tasks by giving rewards.

Communal Discovery: the entire group or community works towards making change.

Seth's model could be applied to the process of creating change that Reap Benefit uses, and this is illustrated through their experience of a student-run energy audit in the field. A set of students were assigned the task of doing an audit for the energy conservation and the energy usage of a Puma store. They were just given the base for the audit but the criteria for the audit was planned by them. The students were encouraged by the thought of getting rewards for the task. Kamal recalls that they had used games to make the children understand it.

Relating this to Seth's Model, the children were given a pre-defined time and place for doing the task and were influenced both, by the element of competition between the students and also the idea of receiving a reward once the task is completed. The task only ends by obtaining a sense of communal discovery that, all together they can make change on a personal and team level. We understood Seth's model but we will try and comprehend deeper, the use of rewards for inducing behavioral change in the next section.

Rewards Mechanism

Kamal commented on Reap Benefit's 2-3 months periodic reward mechanism. He believes that this makes students equal in position before starting every task.

Kamal: "We use a lot of things like rewards to motivate them to play a game (with us) and we personalize all these rewards based on the questionnaire that we do at the beginning where we subtly understand what they like."

This information which gives ideas of how to encourage each student to get the best performance out of them.

a) Extrinsic rewards: The extrinsic reward here, for example would be allotting points to various participants/ teams. Michael Wu, a chief scientist in subjects like digital technologies, says extrinsic rewards are like a jump start to intrinsic rewards.Once the student acknowledges them, they acquire a sense of ownership and innovation and are empowered to create new solutions. Hence, awareness is not created before the task but an output from the task.

Refer to Gabe Zichermann's video for more on the importance of gamification and the rewards mechanism.

b) Intrinsic rewards: Apart from producing behavior change, gamification's can also indicate learning. One of the elements that facilitates learning would be:

Player Control: A participant will have certain amount of control while gaming which would lead to a sense of responsibility and accomplishment. Learning could be intrinsic only if there is responsibility of gaining a reward through a task.

There are many other elements that produce learning and they could be accessed here.

Human-Centric Model

Human-centred systems aim to preserve or enhance human skills, in both manual and office work, in environments in which technology tends to undermine the skills that people use in their work.

We will now answer the second part of the 'how' question and show another strategy for making change. Human centric systems do not use machines to create solutions to the problems but rather design the game with the importance of the 'user-friendly' element. This has been explored in a past post by Denisse. Access it here.

Reap Benefit's ‘transparent dustbin’ is a great model to illustrate this. The dustbin is transparent for people to see and then throw the waste in according to different types of waste. It is kept at an eye-level so that the waste already thrown inside can help the person perceive and throw his waste in the exact dustbin and to make it easily accessible for the public.

These human-centric approaches provide a consistent change in the behaviour of the individual because the method is user-friendly and make segregation easy. The objectives is to engage in unconscious behavioural change. The transparent dustbin is better explained by this audio byte of Kamal Raj:

Another innovation of Reap Benefit, is the compose mixture

Kamal says: "The idea was to throw something with it, like the degrade compost product we innovated and the waste would compost, without smell, without taking 3 months."

This mix, by giving visual feedback could be accessible by anyone due to its low cost and easy-to-use method. So, these innovations justify and explain the benefits of human centric models and also produce many new ideas in the minds of the students( James,2010). I would like to explain this by a chain of ideas that arise while segregating plastic and non-plastic waste.

The participation in the structure (waste segregation model)

The negatives of the model (harmful effects of mixing plastic in the model)

Realizing the need for another mechanism (dustbins for different types of waste)

Another idea to support the new mechanism (dustbins should be transparent and named)

The need to spread this (start campaigning for the system)

Explaining this model in brief: the waste segregation model is the segregation of plastic and other waste. During this process the three ideas that arise are: a) the harmful effects of plastic, b) the need for a plastic waste dustbin and a non-plastic waste dustbin, and the last one, b) the transparency of the dustbin. Then the major question of spreading the model by using technology arises. This would be the model thought by the participant during the discussion of the usage of technology for sustainability.

But what is sustainability and how is it important? Complementing the technique of gamification and the human- centric approaches with technology to make it a sustainable solution is a challenge. This system may be adopted by all. But the aftermath of implementing this apparatus is a challenging question. In the next section we will comprehend the role of technology adding a more positive result to Reap benefit.

The Role of Technology and Media

This section will look at how Reap Benefit uses technology and media and then try and understand how the use of technology can make these solutions sustainable.

Kamal: "There are two aspects that are already existing- knowledge and the products. So, when someone starts the journey, technology enables us to be with them in this journey without us being there. Without the sharing of photos through digital media like facebook, keeping track of the journey would not be possible. We need technology to bridge the gap."

Information access is facilitated by the use of technology and digital media or social networking, as they share the systems with their online community. But, when this access is denied the only solution is to be a part of the in-tutor system and realize the positives of the same through experience. Technology takes Reap Benefit a step higher in its aim to make sustainable change by targeting youth, the main users of social network platforms.

Making Change

We started this post with an introduction to a very strong initiative- Reap Benefit. Techniques such as gamification and human-centric systems are used effectively by this organization to create maximum benefits. It focuses highly on the use of these strategies to induce behaviour modification in youth. We attempted to build a relationship between these techniques to answer whether they are sustainable, intelligible and accessible solutions to making change.

Summing up the 'WHO,WHERE AND HOW' question- We have only understood that, to use the opportunity and take charge before others do so, we need a 3-stage plan. We understood that the WHO means the target, the change agents who will lead the initiative and comprehend the need for change by themselves. The question of WHERE focuses on the idea of making change in the public space rather than in the private sphere which limits the extent of the change. We have summarized this only by bringing out the importance of technology to make change the largest priority of youth. The question of HOW is understood in this post by the use to affordable solutions.

The problems faced by the environment call for solutions that are affordable and accessible. These two qualities of the solution would only make it sustainable.These solutions are met by various game elements in a game and the human centric approaches that engage the individual in problem solving by disseminating knowledge to them and informing them about the problems. This makes those solutions to problem-solving evaluatable through quantity and the quality of the result of the problem. Behavior change will be only possible by solutions that break the existing schemas in the society and create new innovations. (James,2010). Now, through sustainable, innovative solutions through these techniques we can make the dream of a clear and clean environment a reality.

While this blog may help you gain a positive understanding about gamification it would certainly lead you to many more questions. In this digital age, we would surely have to ‘re-game-think’ the methodologies for change again and agai,n not only in terms of using unique techniques such as gamification but also in terms of accessibility of such techniques for change in the structural divisions in society.

Footnotes

Reward is one of the elements that drives the individual to adopt the gamification technique- the reward/feedback mechanism. You can acquire a profound reading on more of these elements that leads to further making-change here- http://www.yukaichou.com/.
A few more elements like the player control and communal discovery that indicates learning through Gamification could be found here- http://en.wikipedia.org/wiki/Gamification
More information on persuasive messages, strategies for changing behavior, rules for effective delivery, and how to manage the participants/audience in the making change initiative can be found-http://sustainability.berkeley.edu/sites/default/files/Promoting_Sustain_Behavior_Primer.pdf
To hear a talk show of Yukaichou on TEDx about Gamification- check it here- http://www.youtube.com/watch?v=v5Qjuegtiyc
To hear another talk show of Gabe Zichermann on TEDx about Gamification- check here- http://www.youtube.com/watch?v=O2N-5maKZ9Q
The process of creating sustainability through gamification and technology, according to Rachel James, goes as follows:

Attracting attention by breaking the existing schemas (mental structures of preconceived idea, Jean Piaget,1926) This can be done by creating a mystery for them and then involving the individual in complex thought processing to change the schema. Story-telling could also induce emotional reactions to inspire or simulate them.
Persuade them through gamification
Make the strategies for change very rigid which cannot be changed often and acknowledge what you deliver to your audience.

Sources

http://en.wikipedia.org/wiki/Gamification
James, Rachel. “Promoting Sustainable Behavior- a guide to successful communication”. Web. August 2010.
Xu, Yongwen. ” literature review on web application Gamification and analytics”. Web. August 2011.
http://www.yukaichou.com
Albornoz, Denisse. 'Methods for Social Change'. Web. February 2014. The link for the same is here- http://cis-india.org/digital-natives/making-change/methods-for-social-change.

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About Dipali Sheth:

Studying in my 3rd year at Christ University gave me the opportunity to intern at Centre for Internet and Society. This post has been a result of my internship for a month under the Making Change program at CIS. My interest in Research and New Media started the journey here and has only added to making Research my zeal in the near future.

For more details visit https://cis-india.org/digital-natives/making-change/reaping-the-benefits-of-gamification

Report on the WIPO Director General’s Meeting with NGO’s

puneeth — 2014-04-30T05:33:27Z

The Director General’s meeting with NGO’s was held on March 25, 2014. This is an annual meeting where accredited NGO’s have an opportunity to have a one on one discussion with the Director General on issues that concern them.

The webcast of the meeting can be found here.

This year’s meeting featured queries on a whole range of issues from mainstreaming the development agenda recommendations to the number of WIPO meetings. The Director General engaged in a frank exchange of views with NGO representatives and stressed the importance of NGO’s in WIPO’s work.

Opening Statement

The meeting kicked off with a statement by the Director General. He reported that the demand for IP titles was greater than the world economy- citing the growing number of patent and trademark applications. He also commended the SCCR in concluding the Marrakesh Treaty and said that the engagement and alignment of civil society actors was crucial to the signing of the Treaty. He also noted the role of the World Blind Union and the publishing community in supporting the Treaty.

The Director General also had updates on the work of various committees for the 2014-15 biennium. With respect to the Design Law Treaty in the SCT, he stated that the US and Canada had accepted the possibility of an article on technical assistance but not as a condition to convene a diplomatic conference. On the Broadcast Treaty in the SCCR, he said that a lot of work needs to be done and that the SCCR needs to decide if a Treaty with a narrower scope is feasible and if a Diplomatic Conference has to be convened in September. On the IGC, he stated that this committee was WIPO’s greatest political risk and that the Committee must find a way to deliver on a project that has been on since 2001.On the Lisbon Agreement, the Director General stated that 28 States had agreed to renew the agreement and the new agreement would cover GI and Appellations. He noted that this was a huge step forward as GI’s become more and more valuable.

In addition, he noted three areas of interest for the future work of the WIPO:

Balance between collaboration and competition: The Director General noted that there should be greater emphasis on collaboration and competition at the WIPO. He called for emphasis on cooperation, open innovation in global value chains. At the same time he stated that IP also creates competition. He stated that the tension between competition and collaboration should be under consideration in the future as it is growing into a major geopolitical issue.
Digital Economy: The Director General said that Member States should engage on the impact of an increasingly digital world on the environment. While this issue has been under discussion since the 90’s, there have been new developments that need further consideration.
Appropriate Technology: The Director General commented on the passive transfer of technology and said that there is a knowledge gap between having technology and knowing how to use it, and this should be kept in mind in future wok.

Q&A

Following the opening statement, the Director General fielded questions from NGO representative. Below is a summary of a few notable responses from the Director General.

On a question regarding the mainstreaming of the Development Agenda, the Director General said that it is up to the Members to decide how to make the Development Agenda normative. But he pointed out that both the Beijing and Marrakesh Treaties refer to the Development agenda in their text.

In response to a question on future plans and projects on public health and IP, he said that the WIPO is encouraging research projects on the issue. He also pointed out that the WTO, WIPO and WHO are engaged in an active collaboration on this issue and had also organised a seminar on it. He also said that the three Director Generals had published studies on the topic.

MSF made a number of interventions on the issue of public health. They argued that ongoing WIPO research did not meet the needs for medical innovation and that there was need for serious rethink on how to make it work better. They also said that the focus of WIPO research was currently only on LDC’s and this left out developing countries and consequently a large number of people.

In response the Director General said that the WIPO could only “build with what it’s got” and said that they should engage with more parties and with what they do. He also said that they are beginning to engage with middle income countries. He also said that WIPO research was free and that it could be easily shared and the fee was only if there was a sale.

MSF also called for a change on the nature of technical assistance as there were repeated seminars on anti-counterfeiting measures with little or no focus on the quality of medicines. On this, the Director General agreed with MSF and said that the larger problem was quality assurance which needed to be addressed, but he also pointed out that WIPO as an IP agency could not get into the issue of quality assurance.

He also fielded a question from the author on making WIPO sessions more accessible with the possible use of remote participation in the future. The Director General said that this was a good idea, but he pointed out that this was up to the Members to consider and possibly implement. He also noted that it was only recently that WIPO started webcasting meetings and that there would be issues of time management with remote participation.

On a question about the increasing number of meetings at the WIPO, the Director General acknowledged that this was a problem and that the respective Committees had to decide if it was essential to convene a meeting ever so often. But he also pointed out that the Secretariat cannot interfere in such matters and could only facilitate discussion on these issues. He also said that it might be better if experts met regularly to discuss technical issues and negotiators met only when an issue had matured.

On a further question on the number of documents being released for every meeting and their increasing length, the Director General joked that it was unlikely that anyone under the age of 30 would read all the documents. He said that this is an issue that should be looked into.

For more details visit https://cis-india.org/a2k/blogs/report-on-wipo-director-general-meeting-with-ngos

Net Neutrality, Free Speech and the Indian Constitution - II

gautam — 2014-04-29T07:42:40Z

In this 3 part series, Gautam Bhatia explores the concept of net neutrality in the context of Indian law and the Indian Constitution.

To sum up the previous post: under Article 12 of the Constitution, fundamental rights can be enforced only against the State, or State-like entities that are under the functional, financial and administrative control of the State. In the context of net neutrality, it is clear that privately-owned ISPs do not meet the exacting standards of Article 12. Nonetheless, we also found that the Indian Supreme Court has held private entities, which do not fall within the contours of Article 12, to an effectively similar standard of obligations under Part III as State organizations in certain cases. Most prominent among these is the case of education: private educational institutions have been required to adhere to standards of equal treatment which are identical in content to Article 14, even though their source lies elsewhere. If, therefore, we are to impose obligations of net neutrality upon private ISPs, a similar argument must be found.

I will suggest that the best hope is by invoking the free speech guarantee of Article 19(1)(a). To understand how an obligation of free speech might operate in this case, let us turn to the case of Marsh v. Alabama, an American Supreme Court case from 1946.

Marsh v. Alabama involved a “company town”. The “town” of Chickasaw was owned by a private company, the Gulf Shipbuilding Corporation. In its structure it resembled a regular township: it had building, streets, a sewage system, and a “business block”, where stores and business places had been rented out to merchants and other service providers. The residents of the “town” used the business block as their shopping center, to get to which they used the company-owned pavement and street. Highway traffic regularly came in through the town, and its facilities were used by wayfarers. As the Court noted:

“In short the town and its shopping district are accessible to and freely used by the public in general and there is nothing to distinguish them from any other town and shopping center except the fact that the title to the property belongs to a private corporation.”

Marsh, who was a Jehovah’s Witness, arrived in Chickasaw with the intention of distributing religious literature on the streets. She was asked to leave the sidewalk, and on declining, she was arrested by the police, and charged under an anti-trespassing statute. She argued that if the statute was applied to her, it would violate her free speech and freedom of religion rights under the American First Amendment. The lower Courts rejected her argument, holding that since the street was owned by a private corporation, she had no constitutional free speech rights, and the situation was analogous to being invited into a person’s private house. The Supreme Court, however, reversed the lower Courts, and found for Marsh.

Four (connected) strands of reasoning run through the Supreme Court’s (brief) opinion. First, it found that streets, sidewalks and public places have historically been critically important sites for dissemination and reception of news, information and opinions, whether it is through distribution of literature, street-corner oratory, or whatever else. Secondly, it found that private ownership did not carry with it a right to exclusive dominion. Rather, “the owners of privately held bridges, ferries, turnpikes and railroads may not operate them as freely as a farmer does his farm. Since these facilities are built and operated primarily to benefit the public and since their operation is essentially a public function, it is subject to state regulation.” Thirdly, it noted that a large number of Americans throughout the United States lived in company towns, and acted just as other American citizens did, in their duties as residents of a community. It would therefore be perverse to deny them rights enjoyed by those who lived in State-municipality run towns. And fourthly, on balance, it held that the private rights of property-owners was subordinate to the right of the people to “enjoy freedom of press and religion.”

No one factor, then, but a combination of factors underlie the Court’s decision to impose constitutional obligations upon a private party. It mattered that, historically, there have been a number of spaces traditionally dedicated to public speech: parks, squares and streets – whose public character remained unchanged despite the nature of ownership. It mattered that individuals had no feasible exit option – that is, no other place they could go to in order to exercise their free speech rights. And it mattered that free speech occupied a significant enough place in the Constitutional scheme so as to override the exclusionary rights that normally tend to go with private property.

The case of the privately-owned street in the privately-owned town presents a striking analogy when we start thinking seriously about net neutrality. First of all, in the digital age, the traditional sites of public discourse – parks, town squares, streets – have been replaced by their digital equivalents. The lonely orator standing on the soap-box in the street corner now tweets his opinions and instagrams his photographs. The street-pamphleteer of yesteryear now updates his Facebook status to reflect his political opinions. Specialty and general-interest blogs constitute a multiplicity of town-squares where a speaker makes his point, and his hearers gather in the comments section to discuss and debate the issue. While these examples may seem frivolous at first blush, the basic point is a serious one: the role of opinion formation and transmission that once served by open, publicly accessible physical infrastructure, held – in a manner of speaking – in public trust by the government, is now served in the digital world, under the control of private gatekeepers. To that extent, it is a public function, undertaken in public interest, as the Court held in Marsh v. Alabama.

The absence of an exit option is equally important. The internet has become not only a space of exchanging information, but it has become a primary – non-replaceable source – of the same. Like the citizens of Chickasaw lacked a feasible alternative space to exercise their public free speech rights (and we operate on the assumption that it would be unreasonably expensive and disruptive for them to move to a different town), there is now no feasible alternative space to the internet, as it exists today, where the main online spaces are owned by private parties, and access to those spaces is determined by gatekeepers – which are the ISPs.

The analogy is not perfect, of course, but there is a case to be made that in acting as the gatekeepers of the internet, privately-owned ISPs are in a position quite similar to the corporate owners of they public streets Company Town.

In the last post, we saw how it is possible – constitutionally – to impose public obligations upon private parties, although the Court has never made its jurisprudential foundation clear. Here, then, is a thought: public obligations ought to be imposed when the private entity is providing a public function and/or when the private entity is in effectively exclusive control of a public good. There is an argument that ISPs satisfy both conditions. Of course, we need to examine in detail how precisely the rights of free expression are implicated in the ISP context. That is the subject for the next post.

Gautam Bhatia — @gautambhatia88 on Twitter — is a graduate of the National Law School of India University (2011), and presently an LLM student at the Yale Law School. He blogs about the Indian Constitution at http://indconlawphil.wordpress.com. Here at CIS, he will be blogging on issues of online freedom of speech and expression.

For more details visit https://cis-india.org/internet-governance/blog/-neutrality-free-speech-and-the-indian-constitution-part-2

14 Odia books re-released under Creative Commons license

subha — 2014-05-06T06:26:29Z

This blog entry by Subhashish Panigrahi (originally published in Wikimedia Foundation's Blog) was edited and re-published by Rohini Lakshane in DNA on April 26, 2014.

Read the article published in DNA on April 26, 2014.

Odisha became a separate state in British India on April 1, 1936. Odia, a 2,500 year old language recently gained the status of an Indian classical language. The Odia Wikimedia community celebrated these two occasions on March 29 in Bhubaneswar with a gathering of 70 people. Linguists, scholars and journalists discussed the state of the Odia language in the digital era, initiatives for its development and steps that can be taken to increase accessibility to books and other educational resources. 14 copyrighted books have been re-licensed under the Creative Commons license and the digitization project on Odia WikiSource was formally initiated by an indigenous educational institute, the Kalinga Institute of Social Sciences (KISS). Professor Udayanath Sahu from Utkal University, The Odisha Review’s editor Dr. Lenin Mohanty, Odisha Bhaskar’s editor Pradosh Pattnaik, Odia language researcher Subrat Prusty, Dr. Madan Mohan Sahu, Allhadmohini Mohanty, Chairman Manik-Biswanath Smrutinyasa and trust’s secretary Brajamohan Patnaik along with senior members Sarojkanta Choudhury and Shisira Ranjan Dash spoke at the event.

Eleven books from Odia writer Dr. Jagannath Mohanty were re-released under Creative Commons Share-Alike (CC-BY-SA 3.0) license by the “Manik-Biswanath Smrutinyasa” trust, a trust founded by Dr. Mohanty for the development of the Odia language. Allhadmohini Mohanty formally gave written permission to Odia Wikimedia to release and digitize these books. The community will be training students and a group of six faculty members at KISS who will coordinate the digitization of these books.	Group photo of Odia wikimedians participating in the advanced Wikimedia workshop at KIIT University.

Eleven books from Odia writer Dr. Jagannath Mohanty were re-released under Creative Commons Share-Alike (CC-BY-SA 3.0) license by the “Manik-Biswanath Smrutinyasa” trust, a trust founded by Dr. Mohanty for the development of the Odia language. Allhadmohini Mohanty formally gave written permission to Odia Wikimedia to release and digitize these books.

The community will be training students and a group of six faculty members at KISS who will coordinate the digitization of these books.

Group photo of Odia wikimedians participating in the advanced Wikimedia workshop at KIIT University.

“Collaborative efforts and open access to knowledge repositories will enrich our language and culture,” said linguist Padmashree Dr. Debiprasanna Pattanayak as he inagurated the event. Dr. Pattanayak and Odia language researcher Subrat Prusty from the Institute of Odia Studies and Research also re-licensed three books (Two Odia books; “Bhasa O Jatiyata“, “Jati, Jagruti O Pragati” and an English book “Classical Odia”) based on their research on Odia language and cultural influence of the language on other societies under the same license. KISS is going to digitize some of these books and make them available on Odia Wikisource.

An OpenType Odia Unicode font, “Odia OT Jagannatha” designed by Sujata Patel from Odialanguage.com was released under the OFL license. This is the first Odia OpenType font that the community actively tested. A new Odia offline input tool called “TypeOdia” by Wikipedian Manoj Sahukar was also released for public distribution. DVDs containing the font, the input tool, Odia language dictionaries, offline Odia Wikipedia in Kiwix, Wikipedia editing guide, ISCII to Unicode font converter, various free and open source software packages and Ubuntu operating system.

Active Odia Wikipedian and Admin Mrutyunjaya Kar gave the inaugural speech. Subhashish Panigrahi from the Center for Internet and Society read the annual report and vision of Odia Wikipedia. Chief guest Dr. Debiprasanna Pattanayak discussed about the efforts put forth that brought the Odia language as the sixth Indian classical language. A large majority of Odia publications are not available on the internet and readers are devoid of easy accessibility. He further discussed the process of digitization for preserving valuable books that are out of print and the old palm leaf manuscripts. Professor Udayanath Sahu presented on the process, progress and implementation of machine translation project in Utkal University.

Experienced Wikimedians conducted an advanced Wikipedia workshop on the second day of event at KIIT University, Bhubaneswar. It was attended by a majority of the existing Wikimedians from the community including new Wikipedians who signed up for the Odia Wikipedia Education Program at the Indian Institute of Mass Communication, Dhenkanal. Mrutyunjaya Kar presented on WikiData and various tools for linking and accessing information in multiple languages on various Wikimedia projects.

	Experienced Wikimedians conducted an advanced Wikipedia workshop on the second day of event at KIIT University, Bhubaneswar. It was attended by a majority of the existing Wikimedians from the community including new Wikipedians who signed up for the Odia Wikipedia Education Program at the Indian Institute of Mass Communication, Dhenkanal. Mrutyunjaya Kar presented on WikiData and various tools for linking and accessing information in multiple languages on various Wikimedia projects.

Ansuman Giri discussed advanced technical aspects such as the use of various gadgets, proper categorization, how to use subpages, how to auto-list archive pages, customizing WikiLove feature, user rights modification, including how important it is to cite biographies of living persons with secondary sources, etc. Shitikantha Dash discussed copyright and issues regarding uploading images and other media files on Wikimedia Commons.

Dr. Subas Chandra Rout presented on “notability, referencing and creating citations for the notable topics.” Subhashish Panigrahi discussed the work plan for the year, failure of program projects, collective learning and the dos and don’ts of community building.


“	We hope that more authors will come forward and re-release their books under CC-BY-SA license. The Odia community is excited to see or.wikisource.org go live. A few Wikipedians are even interested in typing their favorite free licensed books to make them available on Wikisource. I believe it’ll be challenging to train the KISS students to type and proof-read the written texts. In the CISA2K’s draft plan, the goal to have the number of editors seems overestimated. The students need to have some knowledge about Wikimedia and how it works in general before they start working. We hope that the books will be digitized properly and in coming days more users will join us in the process as we will have more free books in Odia Wikisource. I appeal to the Odia people to be a part of the Odia Wikimedia community and make Odia Wikisource a successful project, we need all the time you can devote. :-)	”
Ansuman Giri, Odia Wikipedian

Copyright notes: "A group photo of Odia wikipedians at kiit conference hall on 30th march 2014.jpg", "Odia wikipedian mrutyunjaya kar and ansuman giri on 30the march 2014.jpg" by Jnanaranjan Sahu , under CC-BY-SA 3.0 Unported, from Wikimedia Commons, "Release of DVD containing Odia font, open source tools and Offline Odia Wikipedia.jpg" by Ahemadullah Shaikh , under CC-BY-SA 3.0 Unported, from Wikimedia Commons.

For more details visit https://cis-india.org/openness/blog-old/dna-rohini-lakshane-april-26-2014-14-books-re-released-under-creative-commons-license

NETmundial Day 2

achal — 2014-04-25T04:58:26Z

Fadi Chehade, the ICANN boss, closed NETmundial 2014 with these words "In Africa we say if you want to go first, go alone, but if you want to go far, go together." He should have added: And if you want to go nowhere, go multi-stakeholder.

For all the talk of an inclusive global meeting, there was exactly one governmental submission from the African continent, and it was from Tunisia; and the overall rate of submissions from Africa and West Asia were generally very low.

The outcome document perfectly reflects the gloss that the "multi-stakeholder" model was designed to achieve: an outcome that is celebrated by businesses (and by all embedded institutions like ICANN) for being harmless, met with relief by governments for not upsetting the status quo, all of it lit up in the holy glow of "consensus" from civil society.

Of course there was no consensus. Civil society groups who organised on Day 0 put up their position: the shocking omission of a strong case for net neutrality, ambiguous language on surveillance, weak defences of free expression and privacy. All valid points. But it's striking that civil society takes such a pliant position towards authority: other than exactly two spirited protests (one against the data retention in Marco Civil, and the other against the NSA's mass surveillance program) there was no confrontation, no provocation, no passionate action that would give civil society the force it needs to win. If we were to compare this to other international struggles, the gay rights battle, or its successor, the AIDS medicines movement, for instance - what a difference there is. People fought to crush with powerful, forceful action. Only after huge victories with public and media sympathy, and only after turning themselves into equals of the corporations and governments they were fighting, did they allow themselves to sit down at the table and negotiate nicely. Internet governance fora are marked by politeness and passivity, and perhaps - however sad - it's no wonder that the least powerful groups in these fora always come away disappointed.

It's also surprising that there is no language in the outcome document that explicitly addresses the censorious threat posed by the global expansion of a sovereign application of copyright, as seen most vividly in the proposed SOPA/PIPA legislation in the United States. The outcome document has language that seems to more or less reflect the civil society proposal, and it's possible that a generous interpretation of the language could mean that it opposes the selective, restrictive and damaging application of what the intellectual property industries want to accomplish on the Internet. But it's puzzling that the language isn't stronger or more explicit, and even more puzzling that civil society doesn't seem to want to fight for such language.

This seems like an appropriate time to end the multi-stakeholder diaries. Hasn't the word been used enough? Here is one last instalment. We thank the kind folks who gave us their time.

Q: What does "multi-stakeholder" mean? What is "multi-stakeholderism"?

A large part of the discourse prior to the NETmundial conference has been centered around the issue of what is the best structural system to regulate a global network – this has commonly been portrayed as a choice between a multistakeholder system – which broadly speaking, aims to place ‘all stakeholders’ on equal footing – against multilateralism – a recognized concept in International law / the Comity of Nation States, where a nation state is recognized as the representative of its citizens, making decisions on their behalf and in their interests.

In our opinion, the issue is not about the dichotomy between multilateralism and multistakeholderism; it is about what functions or issues can legitimately be dealt with through each of the processes in terms of adequately protecting civil liberties and other public interest principles – including the appropriate enforcement of norms. For instance, how do you deal with something like cyber warfare without the consent of states? Similarly, how do we address regulatory issues such as determining (and possibly subsidizing) costs of access, or indeed to protect a right of a country against unilateral disconnection?

.....The crux of the matter rests in deciding which is the best governance ‘basket’ to include a particular issue within – taken from both a substantive and enforcement perspective. The challenge is trying to demarcate issues to ensure that each is dealt with effectively by placing it in an appropriate bucket. (The full post can be accessed here).
Rishab Bailey from the Society for Knowledge Commons (India)

If I would have signed the campaign http://wepromise.eu as a candidate to the European Parliament I would have made it an election promise to defend "the principle of multistakeholderism".

That means that I "support free, open, bottom-up, and multi-stakeholder models of coordinating the Internet resources and standards - names, numbers, addresses etc" and that I "support measures which seek to ensure the capacity of representative civil society to participate in multi-stakeholder forums." Further, I "oppose any attempts by corporate, governmental or intergovernmental agencies to take control of Internet governance."

My very rudimentary personal view is basically that it's a bad idea to institutionalise conflicting competences.
Erik Josefsson, Adviser on Internet policies for the Greens/EFA group in the European Parliament

And so it ends.

For more details visit https://cis-india.org/internet-governance/blog/net-mundial-day-2

NETmundial Transcript Archive

pranesh — 2014-04-23T14:31:50Z

We are archiving the live transcript from the NETmundial meeting (April 23-24, 2014).

NETmundial Day 1

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>***LIVE SCRIBING BY BREWER & DARRENOUGUE - WWW.QUICKTEXT.COM***
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>>> LADIES AND GENTLEMEN, GOOD MORNING. IN SOME MINUTES WE WILL HAVE OUR OPENING SESSION OF OUR GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF THE INTERNET GOVERNANCE. PLEASE TURN OFF YOUR MOBILE PHONES OR TURN THEM INTO VIBRATING. PLEASE TAKE YOUR SEATS. OR SHUT IT OFF. THANK YOU VERY MUCH.
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>>> LADIES AND GENTLEMEN, PLEASE TAKE YOUR SEATS AND PLEASE TURN OFF YOUR MOBILE PHONES OR SET THEM INTO SILENT MODE. IN SOME MINUTES, WE ARE GOING TO START OUR OPENING CEREMONY OF OUR GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE GOVERNANCE OF THE INTERNET.
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>>> PLEASE TAKE YOUR SEATS AND TURN OFF YOUR MOBILE PHONES OR SET THEM INTO SILENT MODE. IN A FEW MINUTES, WE WILL START OUR OPENING CEREMONY OF THE GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF INTERNET GOVERNANCE.
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>>> LADIES AND GENTLEMEN, IN SOME MINUTES WE WILL START OFF THE OPENING CEREMONY OF THE GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF INTERNET GOVERNANCE.
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>[MUSIC ] >> THIS IS MY INTERNET.
>>> THIS IS MY INTERNET.
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>>> LADIES AND GENTLEMEN, THE PRESIDENT OF BRAZIL, HER EXCELLENCY DILMA ROUSSEFF. THE CHAIRMAN OF NETmundial, VIRGILIO ALMEIDA, AND THE MIKE RODENBAUGH OF SAO PAULO, THE COO OF ICANN, FADI CHEHADE, AND THE REPRESENTATIVE OF THE TECHNICAL SECTOR AND CREATOR OF THE WEB, TIM BERNERS-LEE. REPRESENTATIVE OF THE PRIVATE SECRETARY AND VICE PRESIDENT OF GOOGLE, VINT CERF, AND THE REPRESENTATIVE OF THE -- OF CIVIL SOCIETY, COFOUNDER, NNENNA NWAKANMA.
>[APPLAUSE ] >> WE ARE STARTING OFF THIS EFFORT AND WE ARE GOING TO LISTEN TO THE NATIONAL ANTHEM OF BRAZIL.
>[ PLAYING OF NATIONAL ANTHEM. ] [APPLAUSE ] >> WE ARE GOING TO LISTEN TO THE WORDS OF THE MINISTER OF COMMUNICATIONS, PAULO BERNARDO.
>>>PAULO BERNARDO SILVA: GOOD MORNING, HER EXCELLENCY DILMA ROUSSEFF, MEMBERS HERE AND PARTICIPANTS OF THIS MEETING.
>LADIES AND GENTLEMEN, WELCOME TO BRAZIL AND TO NETmundial. WE ARE VERY PROUD AND FEEL VERY RESPONSIBLE FOR RECEIVING YOU IN SAO PAULO.
>ALL OF YOU WHO CARE ABOUT INTERNET IN THE FUTURE HAVE REASONS FOR BEING PLEASED WITH WHAT WE ARE GOING TO DO TODAY.
>THIS MEETING IS THE CONCRETIZATION OF ALL OUR WISHES. WE NEEDED AN ADEQUATE ENVIRONMENT FOR THIS TO BE VOICED. WE BELIEVE THAT NETmundial IS THIS ENVIRONMENT WE NEED. FREE PARTICIPANTIVE AND PLURAL, AS WELL AS THE INTERNET WE BELIEVE IN.
>AND THIS IS SO BECAUSE THE CONCERN THAT GETS US TOGETHER IS GREATER THAN THE CONCERNS OF EACH PARTY. WE ARE DISCUSSING THIS INTERNET AROUND THIS TABLE OR OTHERWISE WE WILL HAVE NO FUTURE FOR THE INTERNET FROM THE VERY FIRST MOMENT, THE DIFFERENT STAKEHOLDERS GOT INVOLVED IN THE ORGANIZATION OF THIS EVENT AND THE PROOF OF THIS ENVIRONMENT IS HERE IN THE GREAT DIVERSITY OF CONTRIBUTIONS RECEIVED.
>WE ALSO HAVE HERE MANY AUTHORITIES AND PARTICIPANTS. WE'D LIKE TO THANK EACH ONE OF YOU AND CONGRATULATE EACH ONE OF YOU FROM DIFFERENT COUNTRIES. WE'RE ALL PROTAGONISTS OF AN HISTORICAL MOMENT AND TODAY WHAT WE HAVE BEFORE US IS A CHALLENGE TO MAKE THE MOST FOR ALL THE DIFFERENT OPINIONS IN FAVOR OF A UNIQUE PATH.
>THIS PATH HAS A VERY STRAIGHT SENSE OF ORIENTATION, A FREE AND UNFRAGMENTED INTERNET. THAT'S THE BEST WE CAN HAVE, THE CAPACITY TO CONNECT, TO MOBILIZE, TO INNOVATE, TO CREATE RICHNESS OF CULTURE OR WHATEVER, AND RESPECT THE LINKS. SO INTERNET BEING RULED BY MORE PEOPLE COULD REACH MORE PEOPLE IN THE WORLD.
>SO I WISH THAT WHEN WE LEAVE SAO PAULO, WE CAN 81BRATE A NEW AND PROMISSORY BEGINNING. THIS IS OUR RESPONSIBILITY HERE, AND THANK YOU VERY MUCH. AND HAVE A GOOD MEETING. THANK YOU.
>[APPLAUSE ] >> NOW, MR. HONKING, SECRETARY-GENERAL OF THE UNITED NATIONS FOR BUSINESS MATTERS WILL DELIVER HIS MESSAGE FROM THE SECRETARY-GENERAL, BAN KI-MOON.
>>>WU HONGBO: YOUR EXCELLENCY, PRESIDENT ROUSSEFF, DISTINGUISHED MINISTERS, EXCELLENCIES, DISTINGUISHED DELEGATES, COLLEAGUES, LADIES AND GENTLEMEN.
>I'M HONORED TO BE HERE WITH YOU FOR THIS IMPORTANT EVENT. IT IS MY GREAT PLEASURE TO DELIVER A MESSAGE ON BEHALF OF THE UNITED NATIONS SECRETARY-GENERAL, MR. BAN KI-MOON.
>HERE I QUOTE: I THANK THE GOVERNMENT OF BRAZIL FOR HOSTING THE NETmundial MEETING, AND I COMMEND THIS GLOBAL MULTISTAKEHOLDER NATURE. ONLY THROUGH INCLUSIVE AND BOTTOM-UP PARTICIPATION WE BE ABLE TO FOSTER AN ACCESSIBLE, OPEN, SECURE, AND TRUSTWORTHY INTERNET.
>THE INTERNET IS TRANSFORMING SOCIETIES IN ALL REGIONS. IT IS THE BACKBONE OF OUR GLOBAL ECONOMY AND AN ESSENTIAL VEHICLE FOR DISSEMINATING INFORMATION AND IDEAS.
>ONE-THIRD OF THE PEOPLE NOW HAVE ACCESS TO THE INTERNET AND THE KNOWLEDGE AND THE TOOLS IT PROVIDES. INCREASING NUMBER OF PEOPLE NOW HAVE A PLATFORM TO VOICE THEIR OPINIONS AND PARTICIPATE IN SOCIETY FROM COMMERCE TO DEMOCRATIC DECISION-MAKING. THAT IS WHY IT IS ESSENTIAL THAT INTERNET GOVERNANCE POLICIES CONTINUE TO FOSTER FREEDOM OF EXPRESSION AND THE FREE FLOW OF INFORMATION.
>THE INTERNET AND THE INFORMATION SOCIETY HOLD TREMENDOUS PROMISE FOR THE POST-2015 DEVELOPMENT AGENDA.
>THE INTERNET CAN STRENGTHEN EFFORTS TO ERADICATE POVERTY, ADDRESS INEQUALITY, AND PROTECT AND RENEW THE PLANET'S RESOURCES.
>BUT REALIZING THE PROMISE MEANS EXPANDING INTERNET ACCESS TO NEARLY 1.3 BILLION PEOPLE WHO CURRENTLY LACK IT.
>MOST ARE IN DEVELOPING COUNTRIES AND THERE ARE SIGNIFICANT GENDER GAPS.
>INTERNET GOVERNANCE MUST, THEREFORE, WORK TO BRIDGE THE DIGITAL DIVIDE THROUGH INCLUSIVE RIGHTS-BASED POLICIES.
>INTERNET GOVERNANCE SHOULD AIM FOR UNIVERSAL ACCESS TO AN INTEROPERABLE, GLOBALLY CONNECTED, AND SAFE ONLINE SPACE.
>TO THIS END, THE PRINCIPLES OF THE WORLD SUMMIT ON THE INFORMATION SOCIETY REMAIN RELEVANT.
>THE UNITED NATIONS INVITES ALL STAKEHOLDERS TO JOIN IN THE ONGOING SUMMIT REVIEW PROCESS.
>CONFIDENCE IN THE INTERNET AND ITS GOVERNANCE IS VITAL. IF IT IS TO BE EFFECTIVELY CONTRIBUTING TO THE SUSTAINABLE DEVELOPMENT.
>IN THIS CONNECTION, I WISH TO INFORM THE MEETING I INTEND TO APPOINT AMBASSADOR JANIS KARKLINS OF LATVIA AS THE CHAIR OF THE MULTISTAKEHOLDER ADVISORY GROUP OF THE INTERNET GOVERNANCE FORUM.
>[APPLAUSE ] >>WU HONGBO: I COUNT ON MR. KARKLINS TO PROMOTE A STRENGTHENED INTERNET GOVERNANCE THROUGH BROADER PARTICIPATION, NOT ONLY BY GOVERNMENTS BUT ALSO THE PRIVATE SECTOR AND CIVIL SOCIETY, INCLUDING THE ACADEMIC AND THE TECHNICAL COMMUNITIES.
>BUILDING CONSENSUS ON THE ROADMAP FOR THE FUTURE OF INTERNET GOVERNANCE IS CRUCIAL. THIS NETmundial IS AN IMPORTANT MILESTONE. I WISH YOU A PRODUCTIVE MEETING. UNQUOTE.
>THANK YOU VERY MUCH ON BEHALF OF UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS, UNDESA. I WOULD LIKE TO THANK BRAZIL AND THE BRAZILIAN INTERNET STEERING COMMITTEE FOR NOT ONLY HOSTING THIS IMPORTANT MEETING, BUT ALSO FOR BEING CONSISTENT SUPPORTERS OF INTERNET GOVERNMENT FORUM. THE IGF COMMUNITY LOOKS FORWARD TO RUNNING TO BRAZIL FOR THE SECOND TIME FOR THE 10TH IGF IN 2015.
>THANK YOU VERY MUCH.
>[APPLAUSE ] >> NOW, WE ARE GOING TO LISTEN TO MS. NNENNA NWAKANMA, A REPRESENTATIVE OF CIVIL SOCIETY AND CONTRIBUTOR OF THE OPEN SOURCE FOUNDATION OF AFRICA.
>[APPLAUSE ] >>NNENNA NWAKANMA: OOH-LA-LA. YOUR EXCELLENCIES, COLLEAGUES, PRESENT AND REMOTE LADIES AND GENTLEMEN, (NON-ENGLISH WORD OR PHRASE). MY NAME IS I COME FROM THE INTERNET. I ALSO COME FROM DIVERSE CIVIL SOCIETY TEAMS AND NETWORKS, ONE OF WHICH IS THE TEAM THAT WORKS WITH THE WORLD WIDE WEB FOUNDATION.
>AT THE WEB FOUNDATION, WE ARE ENGAGED IN THE ALLIANCE FOR AFFORDABLE INTERNET. WE'RE ENGAGED IN THE WEB INDEX AND OPEN DATA INITIATIVES. ONE THING I DO FOR A LIVING IS TO ESTABLISH THE OPEN WEB AS A GLOBAL PUBLIC GOOD AND A BASIC RIGHT, ENSURING THAT EVERYONE CAN ACCESS AND USE IT FREELY. THAT'S WHAT I DO.
>I ALSO BELONG TO THE (INDISCERNIBLE) CIVIL SOCIETY PLATFORM, THE INTERNET GOVERNANCE CAUCUS FOR THE PAST 12 YEARS, AND THE AFRICA INTERNET GOVERNANCE FORUM.
>SO FOR ME, NETmundial, IN CONVENING US TO TAKE A CRITICAL LOOK AT THE PRINCIPLES AND ROADMAP FOR THE FUTURE OF THE INTERNET GOVERNANCE AVAILS ME WITH AN OPPORTUNITY TO RAISE THREE KEY ISSUES.
>THE FIRST ISSUE IS ACCESS.
>AS MUCH AS TWO-THIRDS OF THE WORLD'S POPULATION IS NOT YET CONNECTED TO THE INTERNET. THE PENETRATION RATES IN DEVELOPED COUNTRIES AVERAGE AROUND 31%, BUT IN AFRICA WHERE I COME FROM, WE ARE ABOUT 16%.
>IN THE WORLD'S 49 LEAST DEVELOPED COUNTRIES, OVER 90% OF THE POPULATION ARE STILL NOT ONLINE.
>WE HAVE 1 BILLION PEOPLE LIVING WITH DISABILITY, AND 80% OF THESE LIVE IN THE DEVELOPING COUNTRIES. EACH ONE OF THESE DESERVE ACCESS.
>ACCESS TO INFORMATION, ACCESS TO LIBRARIES, ACCESS TO KNOWLEDGE, AND ACCESS TO AFFORDABLE INTERNET.
>MY SECOND ISSUE IS SOCIAL AND ECONOMIC JUSTICE.
>THE INTERNET IS FAST BECOMING THE DOMINANT MEANS OF WEALTH CREATION, SO THE RIGHTS TO DEVELOPMENT, I THINK, SHOULD INCLUDE SOCIAL JUSTICE.
>FOR ME, IT IS NOT ENOUGH TO DO A SUPERFICIAL CAPACITY-BUILDING JUST FOR A FEW PERSONS. I'M LOOKING FOR THE MECHANISM THAT ALLOWS THE HIGHEST NUMBER OF PERSONS TO BE INCLUDED, THE LARGEST NUMBER OF VOICES TO BE HEARD, THE WIDEST EXTENT OF ACCESS TO INNOVATION, AND THE DEEPEST CREATIVITY FOR THE HUMAN MIND TO FLOURISH.
>FOR THIS, I THINK WE NEED TO START CONSIDERING THE INTERNET AS PUBLIC COMMENTS.
>MY THIRD ISSUE IS HUMAN RIGHTS AND FREEDOM.
>NOW I WILL INVITE YOU TO LISTEN THROUGH MY VOICE TO SOMEONE THAT I GREATLY RESPECT.
>THIS PERSON IS A "SHE." SHE WAS SPEAKING AT THE UNITED NATIONS GENERAL ASSEMBLY IN NEW YORK ON THE 25TH OF SEPTEMBER RAFT YEAR. DO YOU WANT TO HEAR WHAT SHE SAID?
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>>>NNENNA NWAKANMA: SHE SAID, "I CANNOT BUT DEFEND IN AN UNCOMPROMISING FASHION THE RIGHT TO PRIVACY OF INDIVIDUALS. IN THE ABSENCE OF THE RIGHT TO PRIVACY, THERE CAN BE NO TRUE FREEDOM OF EXPRESSION AND OPINION AND THERE IS NO EFFECTIVE DEMOCRACY." AND THAT WAS DILMA ROUSSEFF.
>[CHEERS AND APPLAUSE ] >>NNENNA NWAKANMA: OKAY. THANK YOU. RIGHT. LADIES AND GENTLEMEN, IN LOOKING FORWARD TOWARDS THE ROADMAP, I ALSO NEED TO RAISE THREE KEY ISSUES.
>MY FIRST ISSUE IS PARTICIPATION. WHEN WE STARTED, WE KICKED OFF WITH THE BASIC UNDERSTANDING THAT ALL STAKEHOLDERS HAVE A PLACE, A ROLE, A CONTRIBUTION.
>BUT AS WE'VE MOVED FURTHER DOWN THE LINE, THE IDEA OF MULTISTAKEHOLDER ENGAGEMENT IS GETTING MUDDLED AND IT'S LOSING A BIT OF ITS MEANING, SO I WOULD REQUEST THAT WE GO BACK TO THE DRAWING BOARD AND WE REVISIT IT, AND IF IT NEEDS TO UPGRADE, PLEASE LET'S DO THAT.
>BECAUSE WE NEED TO ENGAGE ALL STAKEHOLDERS AT A GLOBAL, REGIONAL, AND NATIONAL LEVELS.
>WE NEED TO ESTABLISH RESPECT AND VALUE FOR ALL CONTRIBUTIONS COMING FROM ALL STAKEHOLDERS, AND WE NEED MEANINGFUL PARTICIPATION FROM INDIVIDUALS COMING FROM DEVELOPING COUNTRIES AND UNDERREPRESENTED GROUPS.
>MY SECOND ISSUE IS RESOURCES.
>HOW DO WE ENSURE THAT RESOURCES ARE MOBILIZED AND MAINTAINED FOR A VIABLE INTERNET GOVERNANCE MECHANISM?
>THE QUESTION IS NOT JUST AT THE GLOBAL LEVEL. IT'S AT CONTINENTAL, REGIONAL, AND EVEN NATIONAL LEVELS.
>WHO'S RESOURCES ARE WE GOING TO COMMIT?
>MY FIRST THOUGHT IS THAT THE INTERNET SHOULD BE ABLE TO PROVIDE RESOURCES FOR ITS OWN GOVERNANCE. MAYBE PART OF THE DOMAIN NAME FEES SHOULD BE REINVESTED IN THIS AREA.
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>>>NNENNA NWAKANMA: NOW, MY THIRD ISSUE IS CHANGE.
>NETmundial IS OFFERING US A GREAT OPPORTUNITY FOR CHANGE. CHANGE FROM ONE STAKEHOLDER HIJACKING THE PROCESS TO AN OPEN AND INCLUSIVE PROCESS. CHANGE FROM ONE OFFICIAL ISSUING ORDERS TO COLLABORATION. CHANGE FROM JUST REPORTS TO REAL TRANSPARENCY.
>CHANGE FROM POWER TO ACCOUNTABILITY. CHANGE FROM MONOLOGUES TO DIALOGUES AND DEBATES. CHANGE FROM THE RHETORIC OF CYBER-WAR TO THE NOTION OF INTERNET FOR PEACE. CHANGE FROM CYBER-THREATS TO DIGITAL SOLIDARITY. AND I DO BELIEVE THAT ALL OF THESE PRINCIPLES WILL ALSO GUIDE US IN IANA TRANSITION.
>LADIES AND GENTLEMEN, THERE IS ONE MESSAGE I MUST LEAVE WITH YOU TODAY, IT IS THE MESSAGE OF TRUST.
>WE'RE IN BRAZIL BECAUSE WE TRUST THE PERSON OF DILMA ROUSSEFF. WE ARE HERE BECAUSE WE TRUST THE NETmundial PROCESS. WE TRUST THE MULTISTAKEHOLDER APPROACH OF BRAZIL IN ITS OWN IGF, AND WE HAVE FOLLOWED THE STORY OF MARCO CIVIL AND I WANT TO SEE CONGRATULATIONS TO ALL BRAZILIANS ON THIS.
>[CHEERS AND APPLAUSE ] >>NNENNA NWAKANMA: HANG ON. HANG ON. HANG ON.
>THE TRUST THAT WE HAVE IN BRAZIL IS NEEDED AT ALL LEVELS. BUT THIS TRUST HAS BEEN DESTROYED BY THE COLLECTION, PROCESSING, AND INTERCEPTION OF OUR COMMUNICATIONS.
>[APPLAUSE ] >>NNENNA NWAKANMA: YES. SURVEILLANCE ON INTERNET SECURITY AND OUR TRUST IN ALL PERSONAL BUSINESS AND DIPLOMATIC COMMUNICATIONS. THAT'S WHY WE SAY "NO." THE WEB WE CAN TRUST, THAT IS THE WEB WE WANT. THE WEB THAT CONTRIBUTES TO PEACE, THAT IS THE WEB WE WANT. THE WEB THAT IS OPEN AND INCLUSIVE, THAT IS THE WEB WE WANT. THE WEB OF OPPORTUNITIES AND SOCIAL JUSTICE, THAT IS WHY I AM HERE.
>LADIES AND GENTLEMEN, NETmundial, I THINK, IS THE WORLD CUP OF INTERNET GOVERNANCE. WE NEED A ROBUST STADIUM THAT CAN HOLD US. THAT IS INFRASTRUCTURE. WE NEED TO ENJOY THE GAME. THAT IS PARTICIPATION. WE SHOULD NOT DISCRIMINATE. THAT IS NET NEUTRALITY. EVERYBODY'S FREE TO SUPPORT THEIR TEAM. I SUPPORT (SAYING NAME) OF NIGERIA. THAT IS FREEDOM. I SUPPORT BRAZIL AS LONG AS THEY ARE NOT PLAYING AGAINST AFRICA, ANYWAY.
>[LAUGHTER ] >>NNENNA NWAKANMA: WE NEED TO BE ABLE TO WEAR OUR COSTUMES AS FANS AND THAT IS DIVERSITY. AND MOST IMPORTANTLY, WE NEED TO KNOW THE RULES OF THE GAME AND PLAY BY IT. THAT, FOR ME, IS TRANSPARENCY.
>SO IT'S NOT GOING TO BE ABOUT POWER AND CONTROL FOR GOVERNMENTS. IT'S NOT GOING TO BE JUST INTEREST FOR THE INDUSTRY. IT'S NOT GOING TO BE NAMES AND NUMBERS FOR TECHNICAL COMMUNITY. IT'S NOT GOING TO BE FOR OR AGAINST FOR CIVIL SOCIETY. I THINK THAT WE NEED HUMILITY. THE HUMILITY TO LISTEN TO DIVERSE VOICES IS ESSENTIAL FOR AN AUTHENTIC DIALOGUE. LET US TALK TO EACH OTHER AND NOT AT EACH OTHER. BECAUSE SOMETIMES WE CAN BE SO DROWNED IN OUR OWN VOICES THAT WE DO NOT HEAR THE OTHER STAKEHOLDERS.
>JUST BEFORE I SIT DOWN, LADIES AND GENTLEMEN, TOMORROW IS GIRLS IN ICT DAY, SO I'M GOING TO SPEAK TO LADIES.
>GIRLS, IT IS UP TO US TO SEIZE THE OPPORTUNITY THAT THE INTERNET HAS GIVEN US. LET'S SEIZE IT AND LET'S ROCK THE WORLD! LET US GET WOMEN ONLINE. LET US GET US ONLINE.
>AND THIS, I WANT TO SAY A SPECIAL TRIBUTE TO ALL THE GIRLS IN MY WORLD FOUNDATION TEAM. ALEXANDRA IS HERE, RENAT AVILA, SONIA GEORGE, ANGELA, AND NOT JUST NETmundial BUT GIRLS ACROSS THE WORLD WORK ON THE INTERNET EVERY DAY. DEBORAH BROWN IS IN THE U.S. MARION FRANKLIN IS IN EUROPE. ANNA IS IN INDIA, (SAYING NAME) IS IN LATIN AMERICA HERE, (SAYING NAME) IS IN AFRICA, JOY LID I COT IS IN NEW ZEALAND, AND SALANIETA IS SOMEWHERE IN THE ISLANDS OF FIJI. GREAT WOMEN WHO DO THIS WORK. AND EVEN HERE IN BRAZIL, WE HAVE GREAT LADIES. ONE IS (SAYING NAME) AND THE OTHER IS (SAYING NAME) BUT COME ON, IT'S NOT JUST ABOUT WOMEN. THERE ARE GUYS, MEN, WHO WORK EVERY DAY, WHO PUT IN THE ENERGY, WHO PUT IN THEIR LIFE, WHO PUT IN ALL THEY HAVE, PUT IN THEIR EXPERTISE, SO THAT WE CAN HAVE A GLOBAL, TRUE, OPEN AND RESILIENT. AND TO ALL OF US WHO LOVE THE INTERNET AND TO ALL OF US WHO ARE HERE AND TO SOMEONE CALLED EDWARD, EDWARD SNOWDEN, THANK YOU.
>[CHEERS AND APPLAUSE ]
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>>>VINT CERF: PRESIDENT DILMA ROUSSEFF, EXCELLENCIES, DISTINGUISHED GUESTS, LADIES AND GENTLEMEN, IT IS AN HONOR AND A PRIVILEGE TO PARTICIPATE IN NETmundial. THIS DIALOGUE IS TIMELY AND MUCH NEEDED AS THE INTERNET CELEBRATES THE 40th YEAR OF ITS PUBLIC UNVEILING AND THE 31st YEAR OF ITS OPERATION. IN MAY 1974, THE DESIGN OF THE INTERNET WAS PUBLISHED IN THE IE EX-E PUBLICATIONS. ROBERT KAHN AND I FELT STRONGLY THE DESIGN AND THE PROTOCOLS OF THE INTERNET NEEDED TO BE FREELY AND OPENLY AVAILABLE TO ANY INTERESTED PARTIES AND WITHOUT ANY BARRIERS TO ADOPTION AND USE.
>OVER FOUR DECADES BY WORKING TOGETHER AND INCLUDING THE EXPERIENCES GATHERED FROM OTHER GLOBAL NETWORK EXERCISES, AN INFORMAL COALITION HAS BUILT FROM THE BOTTOM UP THE SUCCESSFUL, FREE AND OPEN INTERNET AND THE POPULAR WORLDWIDE WEB. SOME 3 BILLION PEOPLE ARE ALREADY ONLINE WORKING TOGETHER TOWARDS GROWTH IN A POWERFUL ECONOMIC ENGINE AND POSITIVE SOCIAL FORCE.
>THIS INTERNET GOVERNANCE MEETING COMES AT A TIME WHEN THE INTERNET AND ITS USE REFLECTS THE FULL RANGE OF INTERESTS OF A GLOBAL AND INCREASINGLY ONLINE SOCIETY.
>IN ADDITION TO APPRECIATING THE ENORMOUS BENEFITS ALREADY OBTAINED THROUGH THE COOPERATIVE CREATION, DISCOVERING AND SHARING OF INFORMATION ON THE INTERNET, IT IS ALSO APPARENT THAT USERS AND GOVERNMENTS ARE BECOMING CONCERNED ABOUT POTENTIAL HARMS THAT MAY BE ENCOUNTERED IN THIS DIGITAL WORLD.
>A SMALL FRACTION OF THE INTERNET'S USERS DELIBERATELY SEEK TO BENEFIT THEMSELVES AT THE EXPENSE OF OTHERS OR JUST SEEK TO DO DAMAGE THROUGH A KIND OF DIGITAL VANDALISM, AS ALSO HAPPENS OFFLINE.
>MOREOVER, IT IS APPARENT THAT THE RICH SOCIAL NETWORKING APPLICATIONSES THAT ARE RAPIDLY PROLIFERATING ALSO HAVE A POLITICAL POTENTIAL THAT MAY BE ALARMING TO SOME REGIMES.
>GOVERNMENTS UNDERSTANDABLY SEEK WAYS TO DEFEND THE GENERAL PUBLIC AND PRIVATE SECTORS AGAINST HARM, SUCH AS FRAUD, MALWARE, IDENTITY THEFT AND BULLYING. OTHERS VIOLATE HUMAN RIGHTS BY USING THE INTERNET TO CENSOR, MISINFORM, CONDUCT SURVEILLANCE AND RESTRICT SPEECH OR USE IT AS A MEANS TO IDENTIFY AND INCARCERATE THOSE WHO SPEAK TRUTH TO POWER.
>THE OPENNESS OF THE INTERNET HAS BEEN THE KEY TO ITS GROWTH AND VALUE. PERMISSIONLESS INNOVATION IS THE MAIN SPRING OF INTERNET'S ECONOMIC POWER. WE MUST FIND WAYS TO PROTECT THE VALUES THAT THE INTERNET BRINGS, INCLUDING THE RIGHTS OF ITS USERS WHILE ALSO PROTECTING THEM FROM HARM.
>THESE PRINCIPLES, TOGETHER WITH GROWING ACCESS TO THE INTERNET WILL PROVE TO BE OF LASTING VALUE TO THE DEVELOPING WORLD THAT CAN TAKE ADVANTAGE OF THE POSITIVE BENEFITS OF AN EXPANDING INFORMATION ECONOMY.
>OUR WORK IS NOT NEARLY DONE UNTIL THE INTERNET IS ACCESSIBLE TO EVERYONE AND IPv6 IS ACCESSIBLE EVERYWHERE.
>BRAZIL HAS SET A POSITIVE EXAMPLE IN NETmundial. IN A MULTIPARTY INITIATIVE LED BY CONGRESSMAN ALESANDRO MALONE, THE COUNTRY HAS JUST LEGISLATED MARCO CIVIL WHICH OFFERS IMPORTANT SAFEGUARDS TO PROTECT INTERMEDIARY INTERNET PROVIDERS AND PROTECT USER RIGHTS. ITS INTERNET STEERING COMMITTEE, CGI.BR, IS A MODEL OF NATIONAL MULTISTAKEHOLDER GOVERNANCE.
>THIS MEETING, AMONG MANY OTHERS, REPRESENTS AN IMPORTANT OPPORTUNITY TO EXAMINE A MULTISTAKEHOLDER MODEL FOR INTERNET GOVERNANCE BASED ON THE PARTICIPATION OF ALL STAKEHOLDERS, INCLUDING ROLES FOR GOVERNMENT, ACADEMICS, CIVIL SOCIETY, PRIVATE BUSINESSES AND THE TECHNICAL COMMUNITY. THIS CONFERENCE HAS BROUGHT TOGETHER A RICH AND VARIED GROUP OF INTERESTED PARTIES TO EXPLORE PRINCIPLES AND GUIDELINES FOR FUTURE INTERNET GOVERNANCE AS IT REACHES THE OTHER 4 BILLION STILL UNCONNECTED PEOPLE IN THE WORLD.
>THE INTERNET HAS BEEN BUILT ON THE BASIS OF COLLABORATION AMONG A DIVERSE AND CONSTANTLY EVOLVING SET OF INTERESTED PARTIES. AND THIS IS A FOUNDATIONAL IDEA THAT MUST BE PRESERVED. NEW INSTITUTIONS AND OPERATIONAL PLAYERS HAVE BEEN FORMED AT NEED, SUCH AS THE INTERNET ARCHITECTURE BOARD, THE INTERNET ENGINEERING TASK, THE INTERPRET SOCIETY, THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS, THE REGIONAL INTERNET REGISTRIES AND THE NUMBER RESOURCE ORGANIZATION, OTHER REGIONAL TLD ORGANIZATIONS SUCH AS CENTR AND LacTLD, THE ROOT SERVER OPERATORS, REGIONAL NETWORK OPERATION GROUPS, THE EMERGENCY RESPONSE TEAMS, INTERNET EXCHANGE POINTS, THE TOP-LEVEL DOMAIN REGISTRIES AND REGISTRARS AND THE NETWORK INFORMATION CENTERS SUCH AS THE BRAZILIAN NIC.
>OUT OF THE WORLD SUMMIT ON THE INFORMATION SOCIETY HAS COME THE ANNUAL INTERNET GOVERNANCE FORUM AND ITS REGIONAL AND NATIONAL ANALOGS. WE CREATE INSTITUTIONS AT NEED.
>AS WE GATHER HERE FOR THE NEXT TWO DAYS, WE HAVE TWO SPECIFIC CHALLENGES TO CONSIDER. THE LARGER ONE IS THE GENERAL DESIGN OF A GLOBAL, MULTISTAKEHOLDER INTERNET GOVERNANCE FRAMEWORK THAT PRESERVES THE FREE AND OPEN INTERNET AND PROVIDES TRANSNATIONAL PROTECTIONS FOR THE RIGHTS OF USERS.
>THE FRAMEWORK HAS TO ENABLE THE EVOLUTION OF THE INTERNET AND BE ABLE TO ADAPT TO IT. THE MORE FOCUSED CHALLENGE IS TO DEVISE A RESPONSE TO THE U.S. INVITATION TO ASSURE THAT WHEN THE U.S. GOVERNMENT AND ITS CONTRACTUAL RELATIONSHIP WITH ICANN, THE MULTISTAKEHOLDER FRAMEWORK FOR ICANN'S MANAGEMENT OF UNIQUE IDENTIFIERS AND PARAMETERS WILL ADHERE TO THE PRINCIPLES THAT HAVE MADE THE INTERNET A REMARKABLE, GLOBAL AND BENEFICIAL INFRASTRUCTURE.
>I BELIEVE THAT THE CHALLENGE BEFORE US, ASSURING ICANN'S ADHERENCE CAN BE ACCOMPLISHED BY REINFORCING ITS ACCOUNTABILITY AND TRANSPARENCY MECHANISMS. THE LARGER CHALLENGE, PROTECTING THE RIGHTS OF USERS WHILE ASSURING THEIR SAFETY WILL REQUIRE LAYERED, LOCAL, NATIONAL AND TRANSNATIONAL ENABLING MECHANISMS. WE CANNOT PRETEND TO KNOW THE SOLUTION TO ALL THE CHALLENGES AND OPPORTUNITIES THAT THE INTERNET POSES. WE CAN, HOWEVER, CREATE STRUCTURES THAT WILL ALLOW MULTISTAKEHOLDER COLLABORATIONS TO DISCOVER AND EVALUATE POSSIBLE ANSWERS.
>AMONG THE MECHANISMS THAT SHOULD BE REINFORCED AND SUPPORTED, I WOULD SINGLE OUT THE INTERNET GOVERNANCE FORUM. IT NEEDS FINANCIAL SUPPORT AND A PROPERLY STAFFED SECRETARIAT. IT HAS ILLUMINATED OUR UNDERSTANDING OF THE PROSPECTS AND PROBLEMS ARISING FROM THE GLOBAL GROWTH OF THE INTERNET.
>MOBILE TECHNOLOGY RAPIDLY DROPPING COSTS FOR INTERNET-ENABLING EQUIPMENT AND COMMUNICATIONS, AND BOUNDLESS DEVELOPMENT OF NEW APPLICATIONS HAVE CREATED A RICH PALATE FROM WHICH TO PAINT A BENEFICIAL DIGITAL FUTURE. THE GLOBAL IGF AND ITS REGIONAL AND NATIONAL COUNTERPARTS CAN BECOME AN EVEN MORE HELPFUL MECHANISM FOR HIGHLIGHTING ISSUES BY TRACKING THEIR SOLUTIONS IN A VARIETY OF FORUMS AND ENABLING THE EMERGENCE OF NEW APPROACHES WHEN THESE SEEM NECESSARY.
>WE WOULD HAVE TO BE A PRETTY SILLY SPECIES NOT TO TAKE ADVANTAGE OF THE GIFT THAT THE TECHNOLOGY HAS GIVEN US. THOSE OF US PARTICIPATING IN THE NETmundial -- WELL, I HAVE A VERY INTERESTING PROBLEM HERE, MY SPEECH ENDS BECAUSE THE REST OF IT WASN'T PRINTED OUT.
>[LAUGHTER ]
>SO I WILL END BY THANKING YOU VERY MUCH FOR THE TIME ON THIS STAGE.
>[APPLAUSE ]
>>>TIM BERNERS-LEE: TECHNOLOGY IS PERFECT THEN.
>45 YEARS AGO VINT CERF AND BOB KAHN PUT TOGETHER THE IDEA OF THE INTERNET, DESIGNED THAT, AND MADE THAT OPEN. 25 YEARS AGO -- A LONG TIME LATER, THE INTERNET WAS RUNNING. THERE WAS REMOTE --- . THERE WAS EMAIL RUNNING OVER THE INTERNET. BUT THERE WERE NO WEB, NO WEB SITES, NO WEB PAGES, NO LINKS. I FELT IT WAS REALLY IMPORTANT THERE SHOULD BE SO I INVENTED THE WEB. AND AS THE WORLDWIDE WEB PROJECT GREW, I NEEDED COLLABORATORS. I INVENTED HTML AND HTTP AND URLS BUT THE DEVELOPMENT OF THOSE HAD TO BE DONE BY A LARGE TECHNICAL COMMUNITY. I WENT TO THE INTERNET ENGINEERING TASK FORCE, I FOUNDED THE WORLDWIDE WEB CONSORTIUM THAT ASSESS THE STANDARDS FOR THE WEB AND ITS MOTTO IS TO LEAD THE WEB TO ITS FULL POTENTIAL.
>SO THE COLLABORATION BETWEEN THESE MULTISTAKEHOLDER GROUPS LIKE IETF AND W3C AND ALL THE PEERS THEY WORK WITH LIKE ECMA, TC39 FOR (SAYING NAME) THAT HAS BEEN REALLY CRUCIAL AND IT REALLY HAS BEEN HOW THIS HAS ALL WORKED.
>I HOPE YOU WILL AGREE THAT PEOPLE WORKING TOGETHER HAVE DONE A REASONABLE JOB AND LOOKING BACK AT THE 25 YEARS OF THE WEB, IT HAS BEEN -- IT HAS BEEN AN INCREDIBLE RIDE AND WE REALIZE NOW THAT RATHER THAN BEING A FUN PROJECT LIKE ALL THESE THINGS STARTED OFF WITH, IT NOW BECOMES SOMETHING WE HAVE TO REGARD AS TO BEING CRUCIAL.
>SOME OF THESE ORGANIZATIONS WHICH BELIEVE IN OPEN STANDARDS IN THIS PARTICULAR SORT OF MULTISTAKEHOLDER OPEN ON THE WEB SORT OF MEANING OF THE WORD, DEVISED THE WORD OPEN STAND. YOU CAN GO TO OPENSTAND.ORG TO EXPRESS THE WAY IT SHOULD BE ABOUT WITH OPEN DISCUSSION WITH THE DOCUMENTS BEING FREELY AVAILABLE ON THE WEB. WITH W3C SPECIFICALLY COMPANIES COMMIT THAT WHEN THEY START AND WORK TOWARDS THESE STANDARDS, THAT WHEN THE STANDARDS COME OUT THAT THEY WILL NOT CHARGE ROYALTIES TO ANYBODY WHO WANTS TO IMPLEMENT IT. SO KEEPING IT ROYALTY FREE HAS ALSO BEEN REALLY IMPORTANT.
>THE WEB GREW AS SOMETHING WHICH DID NOT INVOLVE BORDERS BECAUSE IT GREW ON THE INTERNET AND THE INTERNET, WHEN YOU CONNECT -- WHEN I WROTE A PROGRAM TO CONNECT FROM ONE COMPUTER TO THE OTHER, NEITHER PROGRAM HAD AN AWARENESS, NEEDED TO KNOW OR NECESSARILY FOUND IT EASY TO FIND OUT WHICH COUNTRY THOSE TWO COMPUTERS WERE IN. BUT INTERNET WAS TECHNICALLY -- IS A NATIONLESS THING. SO IN A NON-NATIONAL ENVIRONMENT, THE WEB GROWING UP, IT HAS BEEN A NON-NATIONAL SOCIETY WHICH HAS GROWN UP AROUND IT.
>YES, THERE HAS BEEN -- FORMALLY, THERE HAS BEEN A CONNECTION BETWEEN THE U.S. GOVERNMENT AND THE WAY INTERNET NUMBERS AND NAMES HAVE BEEN ASSIGNED. AND I'M VERY GLAD THAT THE U.S. GOVERNMENT HAS ACCEPTED TO RELEASE THAT OVERSIGHT. I THINK THAT IS VERY OVERDUE AND A VERY IMPORTANT STEP.
>IT IS AN IMPORTANT STEP BECAUSE ICANN SHOULD SERVICE -- IT SERVICES THE GLOBAL PUBLIC INTERNET, AND, THEREFORE, IT SHOULD BE A GLOBAL PUBLIC BODY. SO FOR ME, WHAT DOES THAT MEAN? IT IS EASY TO SAY IN THE PUBLIC INTEREST. FOR ME, FOR ICANN, THAT MEANS THAT DECISIONS THAT IT MAKES ABOUT TOP-LEVEL DOMAINS, ABOUT WHATEVER, ABOUT HOW TO SPEND ITS FUNDING, THEY SHOULD BE MADE BY STEPPING BACK AND THINKING, WELL, NEVERMIND THE PEOPLE WE KNOW INTIMATELY WHO ARE INVOLVED IN THAT DECISION BUT LET'S THINK ABOUT THE PLAN AS A WHOLE. WHAT IS BEST FOR HUMANITY AS A WHOLE? THAT SHOULD GUIDE EVERY DECISION THAT ICANN MAKES.
>OBVIOUSLY, ONE OF THE THINGS THAT ICANN DOES IS IT HAS FUNDS TO SPEND AND SO PARTLY IT CAN FURTHER THE WORLD BY SPENDING THOSE IN A BENEFICIAL WAY SUCH AS SUPPORTING -- WELL, SUPPORTING STANDARDIZATION, SUPPORTING HARDENING WEB TECHNOLOGY, SUPPORTING PIECES OF TECHNOLOGY LIKE THAT, THE INTERNATIONALIZATION OF THE TECHNOLOGY, KEEPING IT SO IT WORKS WITH EVERY CULTURE AND LANGUAGE, ACCESSIBILITY FOR PEOPLE WITH DISABILITIES AND, OF COURSE, CLOSING THE DIGITAL DIVIDE FOR REALLY IMPORTANT AGENDAS WHICH ICANN CAN THINK ABOUT SUPPORTING.
>THE INTERNET HAS THRIVED FROM THE EMPOWERMENT OF CAPABLE AND PUBLIC-SPIRITED PEOPLE. INITIALLY, THEY WERE FROM THE TECHNICAL COMMUNITY AND ACADEMIA BUT MORE RECENTLY THE WHOLE PRIVATE SECTOR, CIVIL SOCIETY AND GOVERNMENTS. WE NEED INTERNET GOVERNMENTS WHICH ALLOWS EACH COMMUNITY TO BRING ITS PARTICULAR STRENGTHS TO THE TABLE BUT ALLOWS NONE OF THEM TO ELEVATE ITS OWN INTEREST ABOVE THE PUBLIC GOOD.
>FIVE YEARS AGO, RELATIVELY RECENTLY IN INTERNET TIME, SOME OF US REALIZE THAT ALL THE TECHNICAL WORK WE WERE DOING WAS WONDERFUL BUT IT WAS EVERY SINGLE THING DID WAS INCREASING THE DIGITAL DIVIDE, INCREASING THE GAP BETWEEN THE POWER OF THE PEOPLE WHO HAD THE WEB AND DID NOT HAVE IT. SO AT THAT POINT, WE STARTED THE WORLDWIDE WEB FOUNDATION ABOUT WHICH YOU ALREADY HEARD SOME TO MAKE SURE THAT THE WEB -- WELL, YES, THAT IT GETS TO, FOR EXAMPLE, THE 60% OF THE PEOPLE WHO IN THE WORLD WHO DON'T HAVE IT AT ALL BUT ALSO FOR THE PEOPLE WHO HAVE IT, THAT IT REALLY IS THE WEB THAT WE WOULD WANT, THE WEB HAS NOW BECOME AN ESSENTIAL PUBLIC UTILITY SO WE HAVE TO REGARD IT AS SUCH.
>MUCH OF OUR TRADITIONAL THINKING ABOUT HUMAN RIGHTS APPLIES DIRECTLY TO EVERYTHING ON THE INTERNET SUCH AS FREE EXPRESSION. BUT NEW THINGS BECOMING IMPORTANT IN THE NETWORK CONTEXT, NET NEUTRALITY MEANS KEEPING THE NET FREE FROM DISCRIMINATION, BE IT COMMERCIAL OR POLITICAL.
>THE INNOVATIVE EXPLOSION WHICH HAPPENED ACROSS THE NET OVER THE LAST 25 YEARS HAS HAPPENED ONLY BECAUSE THAT NET HAS BEEN NEUTRAL. THE SOCIAL GROUND-BREAKING SENSE OF POSSIBILITY THAT WE CAN UNDERSTAND EACH OTHER AND POSSIBLY LIVE IN PEACE RELIES ON AN OPEN NET. OH, AND THANKS TO EVERYBODY WHO HAS EVER HELD UP A BANNER IN ANY FORUM ABOUT PUSHING FOR THE OPEN NET AND PUSHING AGAINST LAWS WHICH RESTRICT THE OPEN NET.
>SO THAT SENSE OF EXCITEMENT WHICH WE ALL HAVE GIVES US ALSO A RESPONSIBILITY THAT WE MUST KEEP THE NET NEUTRAL -- THE NET AS A NEUTRAL PLATFORM IN THE FUTURE.
>FREEDOM OF EXPRESSION IS A CRUCIAL RIGHT BUT IT HAS TO BE COUPLED ON THE NETWORK WITH A COMPLIMENTARY RIGHT TO PRIVACY AS, MADAM PRESIDENT, YOU HAVE POINTED OUT BEFORE AND HAVE ALREADY BEEN QUOTED TODAY.
>SO I WON'T QUOTE YOU AGAIN, BUT I WOULD, YES, AGREE THAT THERE ARE A LOT OF PEOPLE THAT ARE WORRIED ABOUT SURVEILLANCE AND FEEL IT IS PERHAPS THE MOST IMMEDIATE THREAT. IT FEELS THE MOST IMMEDIATE THREAT. AND, OF COURSE, SURVEILLANCE ALL AFFECTS THE INTERNET, IT IS ONE OF THE MORE INSIDIOUS ONES BECAUSE YOU DON'T SEE IT HAPPENING UNLIKE CENSORSHIP.
>IT IS GREAT TO BE BACK IN BRAZIL TODAY, NOT JUST BECAUSE BRAZIL IS A WONDERFUL COUNTRY AND ONE WHICH HAS HAD A REALLY VIBRANT SENSE OF WHAT OPPORTUNITY ON THE NET BUT, OF COURSE, ESPECIALLY TODAY IS A SPECIAL DAY. YESTERDAY WAS A VERY SPECIAL DAY, THE MARCO CIVIL GOING THROUGH IS WONDERFUL. A FANTASTIC EXAMPLE OF HOW GOVERNMENTS COMPARE POSITIVE ROLE IN ADVANCING WEB RIGHTS AND KEEPING THE WEB OPEN. YES, EUROPEANS ALSO CELEBRATE, THE EUROPEAN PARLIAMENT PASSING LEGISLATION PROTECTING USERS ON THE WEB. WELL DONE. SO TWO DATA POINTS THAT SUGGEST WE ARE MAKING PROGRESS. THAT IS GREAT, BUT, BOY, WE HAVE GOT A HUGE WAY THE PRINCIPLES OF HUMAN RIGHTS ON THE NET ARE NEW AND THEY'RE NOT UNIVERSALLY ACCEPTED.
>THE WEB BECOMES EVER MORE EXCITING WITH EVERY ADVANCING TECHNOLOGY LIKE MOBILE WEB AND SO ON, BUT 60% OF THE WEB -- OF THE POPULATION CAN'T USE THE WEB AT ALL.
>AS THE WEB GIVES PEOPLE GREATER AND GREATER POWER, INDIVIDUALLY AND COLLECTIVELY, SO MANY FORCES ARE ABUSING OR THREATEN TO ABUSE THE NET AND ITS CITIZENS. THE WEB THAT WE WILL HAVE IN ANOTHER 25 YEARS' TIME IS, BY NO MEANS, CLEAR. BUT IT IS COMPLETELY UP TO US TO DECIDE WHAT WE WANT TO MAKE THAT WEB, WHAT WE WANT TO MAKE THAT WORLD.
>THAT'S WHY I'M ASKING WEB USERS AROUND THE WORLD, NOT JUST PEOPLE HERE IN THIS CONFERENCE ROOM AND THE OTHER CONFERENCE ROOMS WHERE THIS IS BEING RELAYED, NOT JUST PEOPLE IN THIS CONFERENCE BUT PEOPLE ALL OVER THE WORLD, TO GO AND THINK ABOUT WHAT YOU WANT AND TO FIND SOME SORT OF GLOBAL MAGNA CARTA FOR THE INTERNET. THAT IS WHY --
>[APPLAUSE ] >>TIM BERNERS-LEE: THAT IS WHY I'M ASKING COUNTRIES EVERYWHERE TO FOLLOW BRAZIL'S EXAMPLE AND EUROPE'S EXAMPLE AND DEVELOP POSITIVE LAWS THAT PROTECT AND EXPAND THE RIGHTS OF USERS IN AN OPEN, FREE, AND UNIVERSAL WEB.
>[APPLAUSE ]
>>>TIM BERNERS-LEE: THANK YOU.
>[APPLAUSE ] >> LADIES AND GENTLEMEN, THE PRESIDENT OF THE REPUBLIC HAS APPROVED A LAW THAT GUARANTEES THE RIGHTS AND DUTIES FOR THE USE OF INTERNET IN THE WORLD.
>[CHEERS AND APPLAUSE ] >>H.E. DILMA ROUSSEFF: GOOD MORNING TO ONE AND ALL. I WOULD LIKE TO THANK THOSE WHO SPOKE BEFORE ME FOR PERFECTLY PRONOUNCING "GOOD MORNING" IN PORTUGUESE, (NON-ENGLISH WORD OR PHRASE) AS VOICED BY OUR DEAR REPRESENTATIVE FROM AFRICA, NNENNA NWAKANMA.
>THANK YOU VERY MUCH FOR PERFECTLY PRONOUNCING (NON-ENGLISH WORD OR PHRASE) IN BRAZILIAN PORTUGUESE. GOOD MORNING.
>AND BY GREETING HER, I WOULD LIKE TO EXTEND MY GREETINGS TO ALL WOMEN WHO ARE CURRENTLY ACTIVE ON THE WEB. BOTH THE GIRLS AND THE GUYS WHO ARE EQUALLY ACTIVE ON THE WEB.
>GREETINGS, LIKEWISE, TO THE MAYOR OF SAO PAULO WHO HAS SO KINDLY WELCOMED US, AND ABOVE ALL, I WOULD RECYCLE TO, FIRST OF ALL, GREET TWO MEMBERS OF CONGRESS FROM BRAZIL. NAMELY MR. (SAYING NAME) REPRESENTING THE HOUSE OF REPRESENTATIVES WHO SERVED AS RAPPORTEUR OF THE BILL OF LAW WHICH LED UP TO THE PASSING YESTERDAY OF THE INTERNET CIVIL FRAMEWORK, AS WELL AS REPRESENTATIVE -- RATHER SENATOR (SAYING NAME), AND THROUGH HIM, I WOULD LIKE TO FURTHER EXTEND MY GREETINGS, LIKEWISE, TO THE SENATE RAPPORTEURS WHO WERE ABLE TO PASS THE PIECE OF LAW IN A RECORD TIME, SENATOR (SAYING NAME), SENATOR (SAYING NAME), AND SENATOR (SAYING NAME). THANK YOU.
>AND SO SENATOR (SAYING NAME) AND TO REPRESENTATIVE (SAYING NAME), I WOULD LIKE TO VOICE MY THANKS FOR YOUR EFFORTS IN PASSING THE INTERNET CIVIL FRAMEWORK.
>GREETINGS, LIKEWISE, TO THE SECRETARY-GENERAL OF THE UNITED NATIONS, HONG BO. SPECIAL GREETINGS LIKEWISE TO THE INVENTOR OF THE INTERNET, TIM BERNERS-LEE.
>I WOULD LIKE TO GREET THE VICE PRESIDENT OF GOOGLE, AND A KEY PERSON -- RATHER A KEY PERSON IN THE ESTABLISHMENT OF THE INTERNET, MR. CERF.
>GREETINGS, ONCE AGAIN, TO MR. (SAYING NAME) WHO, ON OCTOBER THE 8TH LAST YEAR, 2013 -- CORRECT, FADI, IF I'M NOT MISTAKEN, WE MET IN BRAZIL YEAH AND ON THAT OCCASION DURING THAT MEETING WITH YOU THE SEMINAL IDEA SURFACED OF ESTABLISHING THIS INTERNET GOVERNANCE SUMMIT MEETING THAT IS REALIZED HERE TODAY, SO THANK YOU VERY MUCH AN ALL OF YOU, INCLUDING CABINET MINISTERS AND FOREIGN DELEGATES ATTENDING THIS SESSION TODAY. ---
>MAY I ALSO USE THE OPPORTUNITY ---
>MAY I ALSO USE THE OPPORTUNITY TO GREET ALL CABINET MINISTERS WHO HAVE BEEN ACTIVELY INVOLVED IN THE PROCESS THAT LED UP TO THE PASSING OF THE INTERNET GOVERNANCE CIVIL FRAMEWORK, AN EFFORT WHICH OF COURSE INVOLVED ALL STAKEHOLDERS AND SOCIETY.
>SPECIAL THANKS TO MINISTER OF FOREIGN AFFAIRS, AMBASSADOR (SAYING NAME), MINISTER OF JUSTICE CARDOZO, ALSO MINISTER OF COMMUNICATIONS, MINISTER OF SCIENCE AND TECHNOLOGY, (SAYING NAME), AND MAY I ALSO GREET AND THANK SENATOR AND MINISTER OF CULTURE (SAYING NAME) AS WELL AS THE BRAZILIAN SECRETARY-GENERAL OF THE PRESIDENT'S OFFICE, (SAYING NAME). GREETINGS LIKEWISE TO ALL ATTENDEES, PARTICULARLY THE MEDIA PROFESSIONALS, JOURNALISTS, PHOTOGRAPHERS, AND CAMERAMEN AND WOMEN.
>MAY I SAY THAT YOU ARE ALL MOST WELCOME TO BRAZIL.
>AS ATTENDEES TO THIS GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF INTERNET GOVERNANCE, THE SO-CALLED NETmundial AS WE CALL IT IN PORTUGUESE.
>AT THIS POINT IN TIME I WOULD ALSO LIKE TO VOICE MY GREETINGS TO THE ORGANIZERS, I.E., THE INTERNET MANAGEMENT OR MANAGING COMMITTEE AS WELL AS THE 1net COMMITTEE. IT GIVES ME GREAT JOY TO SEE IN THIS PLENARY HALL REPRESENTATIVES OF ALL DIFFERENT SECTORS WHO -- OR WHICH ARE IN ONE WAY INVOLVED IN THE INTERNET GOVERNANCE.
>IN THIS HALL TODAY, WE HAVE CIVIL SOCIETY, ACADEMIA, MEMBERS OF THE TECHNICAL COMMUNITY, BUSINESSES, AND GOVERNMENTS AT LARGE.
>THIS HEALTHY DIVERSITY -- AND I STRESS IT IS A HEALTHY DIVERSITY -- IS ALSO A HALLMARK OF THOSE GROUPS THAT HAVE JOINED US THROUGH THE INTERNET AND THIS MEETING, AND I WOULD LIKE TO USE THE OPPORTUNITY TODAY TO ESTABLISH A DIALOGUE ON THE ISSUES AND THE PURPOSES THAT BRING US TOGETHER IN SAO PAULO TODAY.
>BACK IN MID-2013 WHEN THE REVELATION SURFACED ON THE COMPREHENSIVE MECHANISMS FOR COLLECTIVE MONITORING OF COMMUNICATIONS CAUSED ANGER AND REPUDIATION IN VAST CIRCLES OF PUBLIC OPINION BOTH IN BRAZIL AND IN THE WORLD AT LARGE, IN BRAZIL CITIZENS, COMPANIES, DIPLOMATIC REPRESENTATIONS AND EVEN THE PRESIDENCY OF THE REPUBLIC ITSELF WERE TARGETED, AND THEIR COMMUNICATIONS INTERCEPTED.
>THESE EVENTS ARE NOT ACCEPTABLE. WERE NOT ACCEPTABLE IN THE PAST AND REMAIN UNACCEPTABLE TODAY, IN THAT THEY ARE AN AFFRONTMENT AGAINST THE VERY NATURE OF THE INTERNET AS A DEMOCRATIC, FREE, AND PLURALISTIC PLATFORM.
>THE INTERNET WE WANT IS ONLY POSSIBLE IN A SCENARIO WHERE HUMAN RIGHTS ARE RESPECTED. PARTICULARLY THE RIGHT TO PRIVACY AND TO ONE'S FREEDOM OF EXPRESSION.
>ACCORDINGLY, IN MY ADDRESS TO THE 68TH GENERAL ASSEMBLY OF THE UNITED NATIONS, I PUT FORTH A PROPOSAL TO TACKLE SUCH PRACTICES. I THEN PROPOSED A DISCUSSION ON ESTABLISHING A GLOBAL CIVIL FRAMEWORK FOR INTERNET GOVERNANCE AND USE, AS WELL AS MEASURES TO ENSURE ACTUAL PROTECTION OF DATA THAT TRAVELS THROUGH THE INTERNET.
>ALSO, WORKING TOGETHER WITH GERMAN CHANCELLOR ANGELA MERKEL WE SUBMITTED TO THE UNITED NATIONS A DRAFT RESOLUTION ON THE RIGHT TO PRIVACY IN THE DIGITAL AGE.
>BY CONSENSUS, THE RESOLUTION WAS PASSED AS PROPOSED AND WE ALSO PASSED A CALL FOR STATES TO DISCONTINUE ANY ARBITRARY OR ILLEGAL COLLECTION OF PERSONAL DATA AND TO ENFORCE USERS' RIGHTS TO PRIVACY.
>I SHOULD ACTUALLY STRESS THE FACT THAT THE SAME RIGHTS THAT PEOPLE ARE ENTITLED TO OFFLINE OR IN THE OFFLINE WORLD SHOULD BE LIKEWISE PROTECTED ON THE ONLINE WORLD.
>THIS MEETING TODAY, NETMUNDIAL, PROVIDES FURTHER MOMENTUM TO THAT EFFORT. THIS MEETING ALSO LIVES UP TO A GLOBAL YEARNING AS WE PROPOSE CHANGES IN THE CURRENT STATE OF AFFAIRS AND FOR AN ONGOING CONSISTENT STRENGTHENING OF FREEDOM OF EXPRESSION ON THE INTERNET AS WELL AS EFFORTS TO ULTIMATELY PROTECT BASIC HUMAN RIGHTS, AS IS THE CASE OF ONE'S RIGHT TO PRIVACY. AND WITHOUT THE SHADOW OF A DOUBT, THAT IS ALSO THE CASE OF ONE'S RIGHT TO PROPER TREATMENT OF WEB-BASED DISCUSSIONS IN A RESPECTFUL FASHION, TO ENSURE ITS OPEN, DEMOCRATIC NATURE. WE HAVE ALL TO SAO PAULO, THEREFORE, WITH A SHARED PURPOSE, THE PURPOSE OF ENHANCING AND DEMOCRATIZING INTERNET GOVERNANCE BY MEANS OF CONSENSUS BUILDING. AND I MEAN CONSENSUS AROUND PRINCIPLES, AND ON A ROADMAP TO BE DEVELOPED FOR ITS FUTURE EVOLUTION.
>A POINT I'D LIKE TO MAKE PLAIN AND CLEAR IS THAT THE IDEA HERE IS NOT, OF COURSE, TO REPLACE FOR THE COUNTLESS FORA OUT THERE THAT ALREADY ADDRESS THE TOPIC OR THE MATTER AT HAND TODAY. THE IDEA, RATHER, IS TO LEND A NEW MOMENTUM TO THE ONGOING DISCUSSIONS IN A MUCH NEEDED SENSE OF URGENCY.
>WE, THEREFORE, WORK FROM TWO PREMISES OR KEY ASSUMPTIONS.
>THE FIRST SUCH PREMISE IS THAT WE ALL WANT TO PROTECT THE INTERNET AS A SPACE, AVAILABLE TO ALL, AS A SHARED ASSET, AND AS SUCH, TRULY HERITAGE OF HUMANKIND, MORE THAN SIMPLY A WORK TOOL AND WAY BEYOND ITS WELL-KNOWN CONTRIBUTION FOR ECONOMIC GROWTH, PROVIDED, OF COURSE, THAT IT BE INCREASINGLY INCLUSIVE AND THE FACT IS THAT THE INTERNET HAS ENABLED THE CONSTANT REINVENTION OF THE WAY PEOPLE AND INSTITUTIONS INTERACT, PRODUCE CULTURE, AND ORGANIZE THEMSELVES, EVEN POLITICALLY.
>AN OPEN AND DECENT NETWORK ARCHITECTURE FAVORS GREATER ACCESS TO KNOWLEDGE. IT HELPS MAKE COMMUNICATIONS MORE DEMOCRATIC AND ALSO FOSTERS CONSTANT INNOVATION. THESE BASIC FEATURES ARE THE FEATURES THAT WE WANT AND THAT SHOULD BE PRESERVED UNDER ANY CIRCUMSTANCES, AND IN ANY SCENARIO, IN ORDER TO ULTIMATELY GUARANTEE THE FUTURE OF THE INTERNET AND, THUS, BOOST ITS TRANSFORMATIVE EFFECTS FOR AND IN SOCIETIES.
>THE SECOND PREMISE OR ASSUMPTION IS THE DESIRE WE ALL SHARE TO INCORPORATE AN INCREASINGLY BROADER AUDIENCE INTO THIS PROCESS.
>OUR COMMITMENT TO AN OPEN AND INCLUSIVE DEBATE HAS GUIDED THE EFFORTS TO ORGANIZE THIS MEETING IN SAO PAULO TODAY. ALL DIFFERENT WALKS OF LIFE HAVE TAKEN PART IN ITS PREPARATION AND ARE DULY REPRESENTED IN THIS PLANE HALL TODAY.
>WE ARE TALKING ABOUT THOUSANDS OF PARTICIPANTS FROM ALL OVER THE WORLD WHO ARE JOINED BY VIRTUAL CONNECTIONS IN SEVERAL DIFFERENT POINTS OF THE PLANET.
>THE TOPICS TO BE DISCUSSED HAVE BEEN THE SUBJECT OF BROAD AND PRIOR INTERNATIONAL PUBLIC CONSULTATION AND HAVE RECEIVED INPUTS FROM PLAYERS OR STAKEHOLDERS LOCATED IN SEVERAL DIFFERENT COUNTRIES AND IN DIFFERENT GEOGRAPHIES.
>THESE PROPOSALS IN TURN, OR INPUTS, HAVE SERVED AS THE FOUNDATION TO DEVELOP A DRAFT DOCUMENT, THE DRAFT DOCUMENT TO BE DISCUSSED AND FURTHER ENHANCED HERE IN THE NEXT FEW DAYS.
>I WOULD LIKE TO WELCOME THE WORK CONDUCTED BY THE EXECUTIVE METRIC SECTORAL COMMUNITY AS WELL AS THE HIGH-LEVEL MULTISTAKEHOLDER COMMITTEE FOR THIS JOINT EFFORT.
>THE INTEREST OF BRAZILIANS IN THE INTERNET IS REFLECTED ON THE SUBSTANTIAL PARTICIPATION OF BRAZILIAN NATIONALS IN THE DOMESTIC PUBLIC CAPTION AS FACILITATED BY THE.BR PORTAL. AT THIS TIME, CIVIL SOCIETY IS ORGANIZED IN THIS FORUM, THE SO-CALLED NETmundial ARENA, WHICH IS THE BRAZILIAN LOCUS FOR ACCESS TO TODAY'S SESSIONS.
>MAY I REMIND ALL THE LADIES AND GENTLEMEN AND FRIENDS ATTENDING THIS SESSION THAT BRAZIL ADVOCATES THAT INTERNET GOVERNANCE SHOULD BE MULTISTAKEHOLDER, MULTILATERAL, DEMOCRATIC, AND TRANSPARENT IN NATURE.
>IT IS OUR VIEW THAT THE MULTISTAKEHOLDER MODEL IS THE BEST WAY TO EXERCISE INTERNET GOVERNANCE.
>VERY MUCH IN ACCORDANCE WITH THAT VIEW, OUR LOCAL GOVERNANCE SYSTEM WHICH HAS BEEN IN OPERATION FOR 20 YEARS HAS RELIED ON ACTUAL PARTICIPATION OF REPRESENTATIVES FROM CIVIL SOCIETY, MEMBERS OF ACADEMIA, THE BUSINESS COMMUNITY, AND THE GOVERNMENT AT LARGE AT THE INTERNET GOVERNANCE -- OR AT THE INTERNET MANAGEMENT COMMITTEE.
>FULLY IN LINE WITH WHAT I JUST SAID, I ALSO ATTACH A GREAT DEAL OF IMPORTANCE TO THE MULTILATERAL PERSPECTIVE, ACCORDING TO WHICH GOVERNMENT PARTICIPATION SHOULD OCCUR ON AN EQUAL FOOTING AMONG GOVERNMENTS IN SUCH A WAY AS TO ENSURE THAT NO COUNTRY WILL HAVE OR BEAR GREATER WEIGHT VIS-A-VIS OTHER COUNTRIES.
>[APPLAUSE ] >>H.E. DILMA ROUSSEFF: OUR ADVOCACY OF THE MULTILATERAL MODEL IS THE NATIONAL CONSEQUENCE OF AN ELEMENTARY PRINCIPLE THAT SHOULD GOVERN TODAY'S INTERNATIONAL RELATIONS AS ENSHRINED IN THE BRAZILIAN FEDERAL CONSTITUTION. I'M TALKING ABOUT EQUALITY AMONG STATES.
>WE, THEREFORE, SEE NO OPPOSITION WHATSOEVER BETWEEN MULTI- -- OR THE MULTILATERAL AND THE MULTISTAKEHOLDER NATURE OF THE INTERNET. ACTUALLY, THE OPPOSITE OF THAT WOULD BE A ONE-SIDED UNILATERAL INTERNET WHICH IS UNTENABLE.
>AN INTERNET THAT IS ULTIMATELY SUBJECT TO INTERGOVERNMENTAL ARRANGEMENTS THAT EXCLUDE OTHER SECTORS OF SOCIETY IS NOT DEMOCRATIC.
>MULTISTAKEHOLDER ARRANGEMENTS THAT ARE IN TURN SUBJECT TO OVERSIGHT BY ONE OR FEW STATES ARE NOT ACCEPTABLE EITHER.
>WE TRULY WANT TO MAKE RELATIONS BETWEEN GOVERNMENTS AND SOCIETIES MORE DEMOCRATIC, AS WELL AS THE RELATIONS AMONG GOVERNMENTS. WE WANT MORE, NOT LESS, DEMOCRACY.
>THE TASK OF PROVIDING A GLOBAL DONATION TO THE ORGANIZATIONS THAT ARE CURRENTLY RESPONSIBLE FOR CENTRAL FUNCTIONS OF THE INTERNET IS NOT ONLY NECESSARY, BUT ALSO AN UN-POSTPONABLE TASK.
>THE COMPLEXITY OF THE TRANSITION AT HAND, WHICH ON THE ONE HAND INVOLVES JURISDICTIONAL COMPETENCE, AS WELL AS ACCOUNTABILITY AND AN AGREEMENT WITH MULTIPLE STAKEHOLDERS, DOES NOT, NEVERTHELESS, MAKE IT LESS URGENT A TASK.
>THAT IS WHY I'D LIKE TO AGAIN WELCOME THE RECENTLY VOICED INTENTION OF THE UNITED STATES GOVERNMENT TO REPLACE ITS INSTITUTIONAL LINKAGE WITH THE AUTHORITY FOR -- OR WITH THE INTERNET AUTHORITY FOR NUMBER ASSIGNMENT, IANA, AND THE INTERNET CORPORATION FOR NAMES AND NUMBER ASSIGNMENTS, ICANN, BY A GLOBAL MANAGEMENT OF THESE INSTITUTIONS FROM NOW ONWARDS, A NEW INSTRUMENTAL AND LEGAL ARRANGEMENT OF THE ISDN UNDER THE RESPONSIBILITY OF IANA AND ICANN SHOULD BE BUILT IN SUCH A WAY AS TO INCLUDE BROAD-RANGING INVOLVEMENT OF ALL SECTORS THAT HAVE AN INTEREST IN THE MATTER WAY BEYOND THE TRADITIONAL STAKEHOLDERS OR PLAYERS.
>EACH SECTOR, OF COURSE, PERFORMS DIFFERENT ROLES BASED ON LIKEWISE DIFFERENTIATED RESPONSIBILITIES.
>THE OPERATIONAL MANAGEMENT OF THE INTERNET SHOULD CONTINUE BEING LED BY ITS TECHNICAL COMMUNITY. MAY I, AT THIS POINT, VOICE MY PUBLIC RECOGNITION -- AND THIS IS ON BEHALF OF MY GOVERNMENT -- TO THESE PEOPLE WHO DEVOTE THEIR TIME AND ENERGY ON A DAY-TO-DAY BASIS TO KEEPING THE INTERNET AS AN OPEN, STABLE, AND SECURE PLATFORM, A KEY EFFORT WHICH REMAINS LARGELY INVISIBLE IN THE EYES OF MOST OF US END USERS.
>MATTERS PERTAINING TO SOVEREIGNTY SUCH AS CYBERCRIME, BREACH OF RIGHTS, ECONOMIC ISSUES OR TRANSNATIONAL ECONOMIC ISSUES, AND THREATS OF CYBER-ATTACKS ARE THE PRIMARY RESPONSIBILITY OF STATES.
>THE TASK AT HAND IS, ABOVE ALL, TO ENSURE THAT STATES WILL HAVE AT THEIR AVAIL THE TOOLS THAT WILL ALLOW THEM TO FULFILL THEIR RESPONSIBILITIES BEFORE THEIR CITIZENS, TO INCLUDE THE GUARANTEE OF FUNDAMENTAL RIGHTS. RIGHTS WHICH ARE ENSURED OFFLINE SHOULD BE EQUALLY INSURED ONLINE.
>THESE RIGHTS THRIVE UNDER THE SHELTER AND NOT IN THE ABSENCE OF THE STATE.
>IN ORDER FOR THE GLOBAL INTERNET GOVERNANCE TO BE TRULY DEMOCRATIC, MECHANISMS ARE REQUIRED TO ENABLE GREATER PARTICIPATION OF DEVELOPING COUNTRIES IN ALL DIFFERENT SECTORS.
>THE MATTERS THAT ARE IN THE INTEREST OF THESE COUNTRIES THAT ARE THE HEAVY-DUTY USERS OF THE INTERNET, TOPICS SUCH AS, FOR EXAMPLE, EXPANDING CONNECTIVITY, ACCESSIBILITY, AND THE RESPECT TO DIVERSITY, SHOULD BE CENTRAL ON THE INTERNATIONAL AGENDA.
>IT IS NOT ENOUGH FOR FORA TO BE OPEN FROM A PURELY FORMAL STANDPOINT. WE MUST FURTHER IDENTIFY AND REMOVE THE VISIBLE AND INVISIBLE BARRIERS TO ACTUAL PARTICIPATION OF THE ENTIRE POPULATION OF EVERY COUNTRY OR ELSE WE WOULD BE ULTIMATELY RESTRICTING OR LIMITING THE DEMOCRATIC ROLE AND THE SOCIAL AND CULTURAL REACH OF THE INTERNET.
>THE EFFORT AT HAND FURTHER REQUIRES THAT THE INTERNET GOVERNANCE FORUM BE FURTHER STRENGTHENED AS A DIALOGUE FORUM CAPABLE OF PRODUCING RESULTS AND RECOMMENDATIONS.
>IT ALSO REQUIRES A COMPREHENSIVE, BROAD-RANGING REVIEW OF THE 10 YEARS FOLLOWING THE SUMMIT -- WORLD SUMMIT MEETING OF INFORMATION SOCIETY AS WELL AS A DEEPER DISCUSSION ON ETHICS AND PRIVACY AT THE UNESCO LEVEL.
>GIVEN THE ABOVE, MAY I SAY THAT WE ARE STRONG BELIEVERS THAT THE CYBER-SPACE -- AND I'M SURE THAT BELIEF IS SHARED BY ALL OF US -- THE CYBER-SPACE SHOULD BE THE TERRITORY OF TRUST, HUMAN RIGHTS, CITIZENSHIP, COLLABORATION, AND PEACE.
>TO ACHIEVE THESE OBJECTIVES, WE MUST AGREE ON BASIC PRINCIPLES THAT WILL ULTIMATELY GUIDE INTERNET GOVERNANCE.
>AS REGARDS PRIVACY, THE RESOLUTION PASSED BY THE UNITED NATIONS ORGANIZATION WAS AN IMPORTANT STEP IN THE RIGHT DIRECTION, BUT WE MUST -- BUT WE STILL HAVE MUCH PROGRESS TO MAKE.
>ANY DATA COLLECTION OR TREATMENT SHOULD ONLY BE CARRIED OUT WITH FULL AGREEMENT OF THE PARTIES INVOLVED OR AS LEGALLY PROVIDED FOR.
>HOWEVER, THE DISCUSSION ON PRINCIPLES IS MUCH MORE COMPREHENSIVE. IT SHOULD -- AND I STRESS IT SHOULD -- INCLUDE UNIVERSAL INTERNET ACCESS, WHICH IS ABSOLUTELY KEY FOR THE WEB TO SERVE AS A TOOL FOR HUMAN AND SOCIAL DEVELOPMENT SO AS TO ULTIMATELY HELP BUILD INCLUSIVE, NONDISCRIMINATORY SOCIETIES.
>IT SHOULD ALSO INCLUDE FREEDOM OF EXPRESSION AND NET NEUTRALITY AS AN SINE BRAZIL HAS ITS CONTRIBUTIONS TO MAKE FOLLOWING A BROAD RANGING DISCUSSION, DOMESTIC PROCESS THAT HAS ULTIMATELY LED TO THE PASSING OF THE INTERNET CIVIL FRAMEWORK ACT AS PASSED YESTERDAY BY CONGRESS IN WHICH I HAD THE HONOR OF SANCTIONING JUST A FEW MINUTES AGO. THE LAW -- AND I MAY QUOTE TIM BERNERS-LEE WHO QUOTED THE LAW AS A PRESIDENT TO THE WEB ON THE OCCASION OF THE 20th -- OR 25th ANNIVERSARY AS SUCH THE LAW CLEARLY SHOWS THE FEASIBILITY AND SUCCESS OF OPEN MULTISECTORIAL DISCUSSIONS AS WELL AS THE INNOVATIVE USE OF THE INTERNET AS PART OF ONGOING DISCUSSIONS AS A TOOL AND A INTERACTIVE DISCUSSION PLATFORM.
>I THINK IT IS FAIR TO SAY THAT THE PROCESS THAT LED UP TO THE CIVIL FRAMEWORK ACT CAN BE DESCRIBED AS A VIRTUOUS PROCESS IN THAT OUR CIVIL FRAMEWORK, AS IT CURRENTLY STANDS, HAS BEEN EVEN FURTHER APPRECIATED GIVEN THE PROCESS THAT PRECEDED THE EFFORTS TO ESTABLISH IT AS SUCH.
>MAY I, THEREFORE, CALL TO MIND THAT OUR CIVIL FRAMEWORK ESTABLISHES PRINCIPLES, GUARANTEES AND USER RIGHTS, CLEARLY ASSIGNING DUTIES AND RESPONSIBILITIES OF THE DIFFERENT STAKEHOLDERS AND GOVERNMENT AGENCIES ON AN ONLINE ENVIRONMENT. AND EQUALLY IMPORTANT, IT ENSHRINES NETWORK NEUTRALITY AS A KEY PRINCIPLE, A MAJOR GAIN WHICH WE WERE ABLE TO MATERIALIZE AS A CONSENSUS IN THE PROCESS.
>IT ENSHRINES NETWORK NEUTRALITY BY ESTABLISHING THE TELECOMMUNICATIONS COMPANY SHOULD TREAT ANY DATA PACKAGES ON IN A --- FASHION WITH ACCOUNT TO AGENT, DESTINATION, SERVICE, TERMINAL OR APPLICATION. THE LAW OR FRAMEWORK AS HAS TRULY ENSHRINED NETWORK NEUTRALITY. FURTHERMORE, COMPANIES MAY NOT BLOCK, MONITOR, FILTER OR ANALYZE THE CONTENT OF DATA PACKAGES.
>THE CIVIL FRAMEWORK PROTECTS CITIZENS' PRIVACY IN THE ONLY IN THE RELATION WITH THE GOVERNMENTS BUT ALSO WITH RELATION WITH THE INTERNET COMPANIES. COMMUNICATIONS ARE, BY DEFINITION, NON-VIABLE EXCEPT BY A SPECIFIC COURT ORDER TO THAT EFFECT. THE RECENTLY PASSED LAW FURTHER CONTAINS CLEAR RULES GOVERNING WITHDRAWAL OF CONTENT FROM THE INTERNET. ALWAYS, OF COURSE, WITH A VIEW TO ENSURING THAT THE APPLICABLE COURT ORDERS BE AVAILABLE.
>THE CIVIL NETWORK IS AN EXAMPLE OF THE FACT THAT THE INTERNET DEVELOPMENT CANNOT DO IT WITHOUT A DISCUSSION PROCESS AND THE INVOLVEMENT OF NATIONAL STATES. AS SUCH, IT STANDS AS AN INNOVATIVE BENCHMARK MILESTONES BECAUSE IN ITS DEVELOPMENT PROCESS, WE HEARD THE VOICES OF THE STREETS, THE NETWORKS AND OF DIFFERENT INSTITUTIONS.
>FOR ALL OF THE ABOVE, IT IS OUR FIRM CONVICTION THAT ON A NETWORK, EACH NODE MATTERS. THE LARGE NODES SUCH AS THE MEGA PORTALS TO WHICH A SUBSTANTIAL AMOUNT OF WORLD TRAFFIC CONVERGES AND SMALL NODES ARE EQUALLY IMPORTANT.
>AT THIS TIME, I WOULD LIKE TO BRING TO THE FORE A KEY FUNDAMENTAL ISSUE AND TALK ABOUT THE FACT THAT THIS COUNTRY HAS TAKEN A MAJOR STEP FORWARD AS PART OF THE ONGOING PROCESS WHEREBY WE NOT ONLY INCLUDE BUT ALSO GUARANTEE A STEADY STREAM OF INCOME TO A SUBSTANTIAL SHARE OF THE POPULATION.
>INCOME AND ACCESS ARE EQUALLY IMPORTANT. WE BELIEVE THAT IT IS EQUALLY IMPORTANT TO ENSURE WE HAVE PLACE IN SOCIETY WHERE CITIZENS HAVE THEIR OWN VIEWS AND THEY ARE ABLE TO VOICE THEIR VIEWS FREELY. HENCE, THE INVALUABLE DEGREE OF IMPORTANCE WE ATTACH TO THE INTERNET IN OUR SOCIETY.
>WE ALSO HAVE YET ANOTHER MAJOR ASSET. I'M TALKING ABOUT BRAZIL'S ETHNIC CULTURAL, POLITICAL AND RELIGIOUS DIVERSITY. IT IS OURS TO NOT ONLY RESPECT BUT ALSO PROMOTE AND FOSTER OUR CULTURAL DIVERSITY. WE DO NOT WISH TO IMPOSE BELIEFS, CUSTOMS, VALUES OR POLITICAL VIEWS ON ANYONE.
>MAY I PARTICULARLY HIGHLIGHT THE THOUSANDS OF USERS THAT MULTIPLY ON A DAY-TO-DAY BASIS NOT ONLY HERE BUT IN ALL THE DEVELOPING COUNTRIES IN THE OUTSKIRTS OF LARGE URBAN AREAS AND ALSO IN TRADITIONAL COMMUNITIES OUT THERE. ALL OF THESE NEW USERS ENRICH THE NETWORK WITH NEW ALTERNATIVE IDEAS AND ACCOUNTS OF THE WORLD, NEW WORLD VISIONS. THESE PEOPLE MAKE THE INTERNET A STRONGER AND MORE UNIVERSAL PLATFORM.
>AND IT IS ON THEIR BEHALF AND BECAUSE OF THEM, THAT I WOULD LIKE TO AGAIN VOICE MY THANKS TO ALL OF YOU FOR ATTENDING THIS MEETING IN SAO PAULO. FOR US, THE INTERNET IS A MODERN-DAY PRO EMANCIPATION, PRO TRANSFORMATION TOOL THAT CHANGES SOCIETY. SWEEPING CHANGES ARE INTRODUCED THROUGH THE INTERNET. YOU ARE ALL MOST WELCOME. AND I HOPE YOU WILL ALL COME BACK FOR THE WORLD CUP OF ALL CUPS. IF NOT, MAKE SURE YOU WATCH IT THROUGH THE INTERNET. THANK YOU VERY MUCH AGAIN.
>[APPLAUSE ]
>>> LADIES AND GENTLEMEN, WE THANK YOU FOR THE PRESENCE OF YOU ALL. WE CLOSE NOW THIS CEREMONY.
>
>
>
>

For more details visit https://cis-india.org/internet-governance/blog/netmundial-transcript-archive

NETmundial Roadmap: Defining the Roles of Stakeholders in Multistakeholderism

jyoti — 2014-04-28T12:51:40Z

NETmundial, one of the most anticipated events in the Internet governance calendar, will see the global community convening at Sao Paolo, with an aim to establish 'strategic guidelines related to the use and development of the Internet in the world.' This post analyses the submissions at NETmundial that focused on Roadmap, towards an understanding of stakeholder roles in relation to specific governance functions and highlighting the political, technical and architectural possibilities that lie ahead.

Introduction

A technically borderless Internet, in a world defined by national boundaries, brings many challenges in its wake. The social, ethical and legal standards of all countries are affected by technical standards and procedures, created by a few global players. This disparity in capacity and opportunities to participate and shape Internet policy, fuelled by Edward Snowden's revelations led to the development of the Global Multi-stakeholder Meeting on the Future of Internet Governance or NETmundial. Set against, an urgent need for interdisciplinary knowledge assessment towards establishing global guiding principles with respect to the technological architecture and the legal framework of the Internet–NETmundial is seen as a critical step in moving towards a global policy framework for Internet Governance (IG). As stakeholder groups from across the world come together to discuss future forms of governance, one of the most widely discussed issues will be that of Multistakeholderism (MSism).

Multistakeholderism

The governance structure of the Multistakeholder model is based on the notion, that stakeholders most impacted by decisions should be involved in the process of decision making. The collaborative multistakeholder spirit has been widely adopted within the Internet Governance fora, with proponents spread across regions and communities involved in the running, management and use of the Internet. So far, MSism has worked well in the coordination of technical networking standards and efforts to set norms and best practices in defined areas, in the realm of technical governance of the Internet. However, the extension of MSism beyond truly voluntary, decentralized and targeted contexts and expanding its applicability, to other substantive areas of Internet Governance is proving a challenge. Beyond defining how the process of policymaking should be undertaken, MSism does not provide any guidance on substantive policy issues of Internet governance. With the increasing impact of Internet technology on human lives and framed against the complexity of issues such as security, access and privacy, the consensus on MSism is further rendered unattainable.

The need for contextualizing the model aside, as with most policy negotiations certain open concepts and words have also prevented agreement and adoption of MSism as the best way forward for IG. One such open and perhaps, the most contentious issue with respect to the legitimacy of MSism in managing Internet functions is the role of stakeholders. A key element of MSism is that decisions will be made by and including all relevant stakeholders. Stakeholder groups are broadly classified to include governments, technical community and academia, private sector and civil society. With each stakeholder representing diverse and often conflicting interests, creating a consensus process that goes beyond a set of rules and practices promising a seat at the negotiation table and is supportive of broad public interest is a challenging task that needs urgent addressing.

This post aims to add to the discourse on defining the role and scope of stakeholders' decision-making powers, towards a better understanding of the term "in their respective role". Addressing the complexity of functions in managing and running the Internet and the diversity of stakeholders that are affected and hence should be included in decision making, I have limited the scope of my analysis to cover three broad internet management functions:

Technical: Issues related to infrastructure and the management of critical Internet resources
Policy: Issues relating to the developmental aspects, capacity building, bridging digital divide, human rights
Implementation: Issues relating to the use of the Internet including jurisdictional law, legislation spam, network security and cybercrime

While this may be an oversimplification of complex and interconnected layers of management and coordination, in my opinion, broad categorisation of issues is necessary, if not an ideal starting point for the purpose of this analysis. I have considered only the submissions categorised under the theme of Roadmap, seeking commonalities across stakeholder groups and regions on the role of stakeholders and their participation in the three broad functions of technology, policy and implementation.

Towards a definition of respective roles: Analysis NETmundial submissions on Roadmap

There were a total of 44 submissions specific to Roadmap with civil society (20) contributing more than any other group including academia (7), government (4), technical community (5), private sector (3) and other (5). MSism sees support across most stakeholder groups and many submissions highlight or agree on participation and inclusion in decision making processes.

Regionally, submissions from North (24) were dominated by USA (10) with contributions cutting across academia (4), civil society (2), technical community (2) and other (2). Brazil (5) contributed the most to submissions from South (15), followed by Argentina (3). The submissions were consistent with the gender disparity prevalent in the larger technology community with only 12 females contributing submissions. An overwhelming number of submissions (38), thought that the multistakeholder (MS) model needs further definition or improvements, however, suggestions on how best to achieve this varied widely across stakeholders and regional boundaries. Only 16 submissions referenced or suggested Internet Governance Forum (IGF) in its present capacity or with an expanded policy role as a mechanism of implementing MSism on the Internet.

Many submissions referred to issues related to the management of critical internet resources (CIRs), the role of ICANN and US oversight of IANA functions. A total of 11 submissions referred to or specified governance processes with respect to technical functions and issues related to critical resources with civil society (5) and academia (3) contributing the most. In an area that perhaps has the most direct relevance to their work, the technical community was conspicuous with just two submissions making any concrete recommendations. The European Commission was the only governmental organisation that addressed this issue, recommending an expansion of the role of IGF. There were no specific recommendations from the private sector.

The suggestions on oversight and decision making mechanism were most conflicted for this category of Internet functions and included:

setting up a technical advisory group, positioned within a new intergovernmental body World Internet Organization (WIO) framework;
splitting IANA functions into protocol parameters, that Internet Engineering Task Force (IETF) will be responsible for and IP address-related functions retained by ICANN
expanding the role of IGF, possibly creating an IGF Secretariat
expanding the role of Government Advisory Committee (GAC) to mainstream government representatives participation within supporting organisations, in particular the Generic Name Supporting Organisation (GNRO)
expanding the role of private sector
expanding the role of ICANN with multistakeholder values
expanding the role of all stakeholders
implementing changes that do not necessarily require legislative acts or similar hard law approaches and implementation does not necessitate international treaties or intergovernmental structures
establishing a new non-profit corporation DNS Authority (DNSA) combining the IANA Functions and the Root Zone Maintainer roles in
improving transparency and accountability of current bodies managing CIRs

16 submissions referred to issues related to policy development and implementation including developmental aspects, capacity building, bridging digital divide and human rights. All submissions called for a reform or further definition of MSism and included recommendations from civil society (5), academia (4), technical community (2), governments (2), private sector (1) and Other (2). All stakeholder groups across regions, unanimously agreed that all stakeholders within their respective role should have a role in decision making and within public policy functions. There was however, no broad consensus on the best way to achieve this.

Specific recommendations and views captured on who should be involved in policy related decision making and what possible frameworks could be developed included:

improving existing intergovernmental organizations
creating Internet Ad Hoc Group
modularization of ICANN’s functions
creating a stewardship group IETF, ICANN and the RIRs
creating an independent IANA as an International NGO with host country agreements governed by its MOUs-defined by the IANA Stewardship Group prior to the signing of MOUs with IANA Partners
creating a 'new body' to develop international level public policies in concerned areas; seek appropriate harmonization of national level policies; and facilitate required treaties, conventions and agreements
responsibility of the definition of these policies rests within the States as an inalienable right
continuity of bottom-up oversight enables a better view of an organization and thus better accountability as government oversight will destroy multistakeholder character
evolving global governance norms that separate DNS maintenance from policies on TLDs, as well as public policies that intersect with nations’ rights to make them
policy makers incrementally develop formal and informal relationships
dealing with conflict of interest and ensuring pluralism
full multi-stakeholder framework including possible establishment of Working Groups where all parties concerned are represented

18 submissions referred to issues related to the implementation of standards including issues relating to the use of the Internet including jurisdiction, law, legislation, spam, network security and cybercrime. All submissions called for a reform or further definition of MSism values and included recommendations from civil society (8), academia (3), technical community (3), governments (2), private sector (1) and other (1). Stakeholders from academia (5), civil society (3) and government (1) collectively called for the reform of ICANN guided by multistakeholder values, but did not specify how this reform would be achieved.

Specific recommendations on the improvements of institutional frameworks and arrangements for issues related to implementation of standards included:

establishment of double system of arbitrage/settlement placed under World Internet Forum (WIF) scrutiny and under the neutral oversight and arbitrage of the UN general secretariat
new legal instruments in establishing MS model need to be adopted
establishment of the Internet Technical Oversight and Advisory Board (ITOAB) replace the US government's current oversight role
multilateral frameworks with oversight role of governments

In summation, the classification of Internet functions discussed above, presents a very broad view of complex, dynamic and often, interrelated relationships amongst stakeholder groups. However, even within these very broad categories there are various interpretations of how MSism should evolve.

To come back to the very beginning of this post, NETmundial is an important step towards a global policy framework for Internet governance. This is the first meeting outside formal processes and it is difficult to know what to expect, partly as the expectations are not clear and range widely across stakeholders. Whatever the outcome, NETmundial's real contribution to Internet Governance has been sparking anew, the discourse on multistakeholderism and its application on the Internet through the creation of a spontaneous order amongst diverse actors and providing a common platform for divergent views to come together.

For more details visit https://cis-india.org/internet-governance/blog/net-mundial-roadmap-defining-roles-of-stakeholders-in-multistakeholderism

Report on CDIP-12

puneeth — 2014-04-22T09:53:55Z

The 12th meeting of the Committee on Development and Intellectual Property (CDIP) was held from November 18-21, 2013 at WIPO. This report discusses the proceedings of the meeting and issues that CIS could get involved at future CDIP meetings.

Agenda

The most important item on the Agenda of CDIP was to finalise the terms of reference for the Independent Review of the Implementation Development Agenda Recommendations under the Coordination Mechanism as per the request of the WIPO General Assembly (CDIP 12/5). However, the Committee was unable to reach a consensus on the Terms of Reference for the Independent Review and further discussion has been put off until the next CDIP.

In addition, the CDIP considered and discussed Progress Reports on the following ongoing WIPO projects:[1]

Specialized Databases’ Access and Support – Phase II;
A Pilot Project for the Establishment of “Start-Up” National IP Academies – Phase II;
Strengthening the Capacity of National IP Governmental and Stakeholder Institutions to Manage, Monitor and Promote Creative Industries, and to Enhance the Performance and Network of Copyright Collective Management Organizations;
Project on Intellectual Property and Product Branding for Business Development in Developing Countries and Least-Developed Countries (LDCs);
Project on Intellectual Property and Socio-Economic Development;
Project on Intellectual Property and Technology Transfer: Common Challenges – Building Solutions;
Project on Open Collaborative Projects and IP-Based Models;
Project on Patents and Public Domain;
Project on Enhancing South-South Cooperation on IP and Development Among Developing Countries and Least Developed Countries;
Project on IP and Brain Drain;
Project on IP and the Informal Economy;
Strengthening and Development of the Audiovisual Sector in Burkina Faso and Certain African Countries; and certain African Countries; and
Project on Developing Tools for Access to Patent information – Phase II.

The Committee also discussed ongoing projects like measuring WIPO’s contribution to the Millennium Development Goals, proposal for new WIPO activities related to the use of Copyright to promote access to information and creative content, and a study on Patents and the Public Domain.[2]

The following section discusses areas where CIS can play a role at future CDIPs.

Future work for CIS

Using Copyright to Promote Access to Information and Creative Content

This project is aimed at using copyright to promote access to information in three areas: education and research; software development practices, including free and open source software; and public sector information. In addition the WIPO is also looking at new projects that may help Member States achieve development goals through improved Access to Knowledge. In CDIP 11, the Committee identified six projects which could be carried out by the CDIP in the pursuance of these aims. These projects are a result of a paper by Sisule Musungu assessing the feasibility of WIPO projects in the area. [3] The implementation plan for the above was presented at CDIP 12. The six projects are as under:

Pilot Project on Creation of a Centralized Database in order to make IP-Related Education and Research (E&R) Resources Available on an Open Access (OA) Basis
Applicability of Open Licensing to E&R Resources produced by International Organizations
Development of a Training Module on Licensing and Open Source Software Development
Integrating Open Source Licensing in WIPO Copyright-Related Courses and Training Programs
Development of Model Copyright Policies and Legal Provisions for Different Copyright Approaches to Public Sector Information
International Conference for Least-Developed Countries (LDCs) on Copyright and the Management of Public Sector Information

Discussion at CDIP 12

Thiru of KEI proposed a project on a possible model copyright law similar to the Tunis Model Law for Developing Countries adopted in 1976.[4] However, the delegation from the US objected to such a proposal. Representatives from many countries suggested modifications to the 6 proposals under discussion. Revised findings will be discussed at the next CDIP.

Scope for CIS work

Many of the proposals under consideration speak directly to the work being done by the A2K team in the Indian context. I will be contributing to a critique by the TWN on these projects. Such critiques can continue on the one hand. On the other hand, CIS can get involved in the preparatory work in the lead up to future CDIPs by working closely with the south centre and TWN to mobilize opinion among developing countries. Our expertise from working with domestic policy issues in India will come in handy in shaping future work commissioned by the WIPO in these areas.

Study on the Public Domain (II)

This is the second in a series of studies commissioned by the WIPO under the Project on Patents and the Public Domain (CDIP/7/5/Rev). The paper was authored by James Conley, Peter Bican and Neil Wilkof. Among other things, it concludes that the patent process contributes to a richer public domain. While the conclusions are acceptable in principle, the paper makes some troubling assumptions with regard to the public domain and also some surprising claims with respect to Patent Pools.

Discussion at CDIP 12

TWN pointed out that the study was restricted in scope as it defined the public domain as being limited to information that has lost its patent protection either through expiration of the term of the patent or through other processes that make the patented information part of the public domain de facto. While the author offered to revise the scope of the study, the US objected to it. At a later point, the representative from Egypt picked up on this critique but wrongly attributed it to the EU. When this was pointed out, he withdrew his statement. As it stands, the study will not be revised.

Scope for CIS work

The most surprising conclusion of the paper is that Patent Pools serve to narrow the public domain or that on a scale of contribution to the public domain rank second to last to Non-Practicing Entities (NPEs). I will be contributing to the TWN critique and focus on the conclusions with respect to Patent Pools. Given the implications of the study to our Pervasive Technologies project, we should get involved in the larger project on Patents in the Public domain and respond to future work in the area as well.

[1]. For a summary of the Progress Reports, see CDIP/12/2

[2]. For a full list, see the Agenda of CDIP 12

[3]. CDIP/11/6

[4]. See http://portal.unesco.org/culture/en/files/31318/11866635053tunis_model_law_en-web.pdf/tunis_model_law_en-web.pdf

For more details visit https://cis-india.org/a2k/blogs/report-on-cpdip-2

Principles for Internet Governance: NETmundial 2014 — What do the Contributions Reveal?

geetha — 2014-04-23T04:01:21Z

The Global Multi-stakeholder Meeting on the Future of Internet Governance (NETmundial) is scheduled for April 23-24, 2014. Towards its stated end of establishing "strategic guidelines related to the use and development of the Internet in the world", NETmundial sought contributions from stakeholders around the world on two topics: (1) Set of Internet governance principles; (2) Roadmaps for the further evolution of the Internet governance system.

This post analyses the contributions of the academic community to draw out broad agreements and divergences concerning Internet governance principles.

I. Introduction

In two days, a large measure of the global Internet community – governments, the private sector, civil society, technical community and academia – gather in São Paulo, Brazil, for the Global Multi-stakeholder Meeting on the Future of Internet Governance. The NETmundial (April 23-24, 2014), touted as the World Cup of Internet governance, is a global conference convened and supported by the Brazilian president, Dilma Rousseff, and organized by the Brazilian Internet Steering Committee (CGI.br) and /1Net, a forum comprising various stakeholders involved and interested in Internet governance. It hopes, importantly, “to establish strategic guidelines related to the use and development of the Internet in the world”. To this end, it sought open-ended Contributions from interested stakeholders on the topics, “Set of Internet governance principles” and “Roadmaps for the further evolution of the Internet governance system”. The agenda for NETmundial may be found here.

To fully utilize the 2 short days available, knowledge of the stakeholder positions, especially their broad agreements and divergences on the two topics, is of immense help. Through a series of posts, I analyse the contributions to NETmundial on the question of Internet governance principles, seeking to dig deep into definitions and interpretations of suggested principles, such as management of Critical Internet Resources (such as the Domain Name System), human rights including freedom of expression and privacy, cyber-security, inclusiveness and participation in Internet governance, etc. In separate posts, I shall analyse contributions of each sector (governments, the private sector, civil society, technical community, academia and ‘Other’) and finally, present an overall analysis of the contributions pitted against the Draft Outcome Document, which is presently under discussion.

II. The Contributions

The NETmundial has received 187 contributions from 46 countries. Sector break-ups are given below:

Sector	Number of Contributions (187)
Academia	20
Governments	28
Private Sector	43
Civil Society	61
Technical Community	16
‘Other’ (such as UNESCO, the European Commission, etc.)	19

A quick look at the contributors indicates that contributions are primarily from North America, Europe, South and East Asia, and South America. No or very few contributions were made from large parts of Africa and South East Asia, Central and West Asia, Eastern Europe and Western South America. We present a graphical representation of contributing countries here.

Of the contributions, stakeholders from various sectors contributed to the two topics listed above in the following manner:

Sector	Set of Internet Governance Principles	Roadmaps for Further Evolution of the Internet Governance System	Combined: Internet Governance Principles & Roadmaps
Academia	7	7	6
Government	7	4	17
Private Sector	11	3	29
Civil Society	25	21	15
Technical Community	8	5	3
‘Other’	7	4	8

Despite the above classification, I focus on all 187 contributions for analysis. This is as some contributions expressly set out principles while others do not. Therefore, eliciting and analyzing principles from stakeholder contributions has involved a certain amount of subjective maneuvering. However, such elicitation has been restricted on the following bases:

The contribution is externally categorized as falling under either “Set of Internet governance principles” or “Combined – Internet governance principles & Roadmaps”.
Internally, the document places principles under rubrics of ‘Internet governance principles’.
Internally, the document makes references to Internet governance principles before setting out (without rubrics) principles.

With this caveat, I go on to discuss the NETmundial contributions from the academic community to Internet governance principles.

Part I: Academia

Of the academic contributions, the main contributors are Africa (Kenya – 1, Sudan – 3), Europe (Germany – 1, Poland – 1, Portugal – 1, Russia – 2, Ukraine – 1), South America (Argentina – 1, Brazil – 3) and the United States (8). No Asian country has made an academic contribution, and as evident from above, academia is geographically severely under-represented. Furthermore, only 4 out of 20 contributions expressly set out Internet governance principles. These four are:

Semantics aside, certain broad, high-level consensus emerges within the academic community. On substantive principles of governance on the Internet, the greatest support is found for freedom of express and access to information, with 6 contributions emphasizing this. Equally important is Internet universality and non-discriminatory (3 contributions), universal access to the Internet (6). Protection of privacy and permissible levels of surveillance come a close second, with 5 contributions referring to these. Cyber-security (5), respect for human rights (4) and support for net neutrality (3) and cultural and linguistic diversity on the Internet (3) also emerge as issues of concern for the academic community. The UNESCO and academics from Sudan emphasize training and education to use the Internet. Inter-operability (2) and a single, unfragmented Internet (2) also find a place in the academic community’s contributions.

With regard to processual principles for Internet governance, inclusiveness and participation are the most important concerns (5). The academic community asks for an open, transparent and multi-stakeholder Internet governance system (4), calling for international cooperation (2) among governments and other stakeholders. Interestingly, one contribution requires that the role of governments in the multi-stakeholder model be limited to “the facilitation of the participation of their domestic stakeholder communities in Internet governance processes”, while a Brazilian contribution advocates a multilateral model.

While no contribution expressly calls for these principles to underscore global Internet governance, the author believes that a high-level consensus may be gleaned in favour of respect for and protection of human rights, especially freedom of expression, access to information, privacy and protection from unwarranted domestic or extraterritorial surveillance. This is further supported by cyber-security concerns. The call for universal access to the Internet, alongside mention of net neutrality, emphasizes inclusiveness and non-discrimination. Processually as well, inclusiveness and participation (including equal participation) of all stakeholders finds the largest support, reflected in the calls for multi-stakeholder models of Internet governance.

No glaring divergences exist with regard to human rights or principles of governance on the Internet. The only major divergence amongst academia is the call for multilateral or multi-stakeholder models of Internet governance. While a majority of the contributions call for multi-stakeholder models, the Brazilian contribution (linked above) calls for “Open, multilateral and democratic governance, carried out with transparency by stimulating collective creativity and the participation of society, Governments and the private sector”, while at the same time supporting a “real multi-stakeholder governance model for the Internet based on the full involvement of all relevant actors and organizations”. Indeed, even this divergence is marked by a common emphasis on open, transparent and inclusive participation in Internet governance.

For more details visit https://cis-india.org/internet-governance/blog/principles-of-internet-governance-net-mundial-2014