[diggers350] Fwd: Fra - Motion passed at meeting in Paris demands that internet policies respect civil and economic rights.

[The Land Is Ours]

>Date: Wed, 08 Dec 1999 21:16:02 +0100
>From: Nizkor English Service <nzkspain at teleline.es>
>Reply-To: nzkspain at derechos.org
>Organization: Nizkor Int. Human Rights Team
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>To: Nizkor Int'l Human Rights Team <nzkspain at derechos.org>
>Subject: Fra - Motion passed at meeting in Paris demands that internet
policies 
> respect civil and economic rights.
>
>Nizkor Int. Human Rights Team
>Derechos Human Rights
>Serpaj Europe
>Information
>08dec99
>
>ASSOCIATIONS AND TRADE UNIONS ADOPT SET OF PRINCIPLES ON THE INFORMATION
SOCIETY
>TO BE TAKEN INTO ACCOUNT BY GOVERNMENTS, ESPECIALLY REGARDING THE INTERNET
>NETWORK AND CIVIL RIGHTS PROTECTION.
>
>INTRODUCTION:
>
>Two years in a row, representatives from "groups, associations, and trade
>unions" have met in Paris under the sponsorship of a group called IRIS to
>discuss policies that would create and preserve an "Internet that promotes
>non-commercial interests and solidarity." The final motion passed by the
second
>forum, which took place on November 27, 1999, appears below. This document
>should interest people around the world who are concerned with access to
>information for all, even though a few of the statements touch on particular
>French laws.
>
>Supplementary statements and a description of the forum itself (with
photos) are
>available at http://www.assises.sgdg.org/ in French. Also of interest to
those
>who read French are a set of  "85 recommendations for a democratic
Internet in
>the year 2000" (http://www.iris.sgdg.org/documents/rapport-lsi/) which range
>from "Assure the liberty of online communications while clarifying each
>individual's rights and responsibilities" to "Prevent electronic commerce
from
>escaping public financial  responsibilites."
>-------------------------------------------
>
>MOTION OF THE PARTICIPANTS AT THE SECOND FORUM ON AN INTERNET THAT PROMOTES
>NON-COMMERCIAL INTERESTS AND SOLIDARITY.
>Adopted in Paris on November 27, 1999
>
>The assembly of groups, associations, and trade unions represented on
November
>27, 1999 in Paris at the second forum on an Internet that promotes
>non-commercial interests and solidarity, at their working session on the
>implementation of the recent law "concerning the information society,"
conclude
>the following:
>
>- We observe that current government policies fail to deal with many societal
>aspects of their effects.
>
>- We declare our attachment to the following principles.
>
>1. Concerning online users' responsibility:
>- Respect for individual and public liberties, guaranteed by the fundamental
>texts of national and international bodies, should prevail over all other
>considerations.
>
>- The legal doctrine of "vicarious liability" is not applicable to public
>communication on the Internet. The authors of such communication are
equally its
>editors on the Internet, outside of professional contributors where their
>employers are the editors.
>
>- Only a judicial authority can determine the illegal character of content on
>the Internet. Outside of questions relevant to the protection of personal
data,
>any other form of control should not be allowed, a priori or a posteriori, by

>technical intermediaries or by private or public organizations. The
principle
>stated here rules out the idea of "autoregulation" or "coregulation."
>
>2. Concerning the regulation of content on the Internet:
>- The notion of the "moral obligation of content" (deontology) makes no
sense:
>there is no deontology except along the lines of a person's occupation,
and such
>obligation is already exercized by professionals.
>
>- The regulation of public content on the Internet should remain under the
>common rule of law, which guarantees liberty of expression and enumerates
>potential abuses precisely and in a strictly limited sense.
>
>- Content labelling cannot be accepted except in a voluntary and positive
>manner. It cannot be imposed on the authors of Internet sites.
>
>- The filtering of this content should remain the responsibility of the end
>users, or of their guardians in cases where the end users are not legally
>responsible.
>
>3. Concerning the confidentiality and protection of personal data:
>- The protection of fundamental rights of citizens takes place through the
>guarantee of confidentiality -- which includes the total
>liberalization of cryptography and the non-tracability of messages -- as
well as
>by the strictest protection of their personal data.
>
>- Each individual should have the power to use any means that he or she finds
>convenient to protect the confidentiality of his or her communications,
without
>escrow of private encryption keys.
>
>- No personal data should be stored without the knowledge of the parties
>concerned, or used without their express consent.
>
>- The storage of data relating to individuals should not excede one month in
>duration, like in the current case of video surveillance tape storage.
>
>4. Concerning democratic control over police investigations:
>- The fight against crime at the national, European, or international level
>should not be a pretext for weakening the fundamental rights of citizens.
>
>- A parliamentary commission of inquiry, together with the European
Parliament,
>should examine every organization and/or decree that can potentially
weaken the
>protection of privacy and personal data. A body responsible for oversight
should
>be put in place to assure follow-up for the results of the inquiry. In
>particular, the activities of Europol, such as systems for the
interception of
>communications like ECHELON, should be subject to examination.
>
>5. Concerning trade union rights and worker rights:
>- Any illegitimate surveillance of workers should be heavily punished. The
>rights to exchange correspondence and to the privacy of this correspondence
>should be explicitely upheld.
>
>- Trade union rights should be extended to the use of the Internet within
>enterprises and establishments, on the basis of the law of December 27, 1968.
>
>- A national debate should be opened over changes in working conditions
caused
>by telecommuting and the information-driven transformation of society.
>
>6. Concerning controls on advertising and unsolicited communications:
>- Every message that is an advertisement or is prodominated by advertising
>should be clearly marked as such.

>
>- The reception of unsolicited communications should be subject to the
express
>consent of the end users.
>
>- Invasive forms of advertisement that disturb the reading of a site's
editorial
>content should be prohibited.
>
>7. Concerning traditional author's rights and the right to information:
>- Traditional "author's rights" should be preserved and respected.
>
>- The right to information should be exercized through the concept of private
>copy, and the extension of this concept to that of fair use, or use for
>non-commercial purposes, education, and research.
>
>- Access to public data without charge and to teleprocedures for conducting
>public services online should be extended.
>
>- It should not be possible to patent ideas, which we define to include
>programming methods and algorithms.
>
>- The production and use of free and open content and software should be
>encouraged and covered by public policy.
>
>8. Concerning the democratization of Internet access:
>- Universal service in telecommunications should be extended to include
Internet
>access for all, along with a drastic reduction of local communciation costs.
>Permanent, "always-on" connections should be promoted, with each individual
>capable of acting as an information provider.
>
>- The assignment of domain names within ccTLDs controlled in France (such as
>.fr) and within authorized gTLDs (such as .org, .com, and .net) should be a
>public service, sold on a non-profit basis at rates affordable by
individuals as
>well as groups.
>
>- The democratization of Internet access requires the acquisition of a basic
>information and electronic education by all, so that each individual is
>competent to master social transformations in all their practical and civic
>aspects. This goal should be entered into the mission of public education,
which
>can delegate it under certain circumstances to non-profit institutions having
>the same goal.
>
>9. Concerning the struggle against commercialization:
>- The exception to trade rules for cultural activities should be extended
to all
>multifunctional sectors, such as education and culture.
>
>- The availability of services, utilities, and content for non-commercial
use on
>the Internet contribute to this multifunctionality and to cultural diversity.
>
>- The development of electronic commerce should not serve as a pretext for
>abandoning public services and the sovereignty of the state, notably in
terms of
>fiscal revenues.
>
>[Equipo Nizkor documentary note. Source: Global Internet Liberty Campaign -
>GILC, by way of Meryem Marzouki IRIS. Translation into English and
Introduction
>by Andy Oram from CPSR]
>------------------------------------------
>FOR FURTHER INFORMATION:
>Meryem Marzouki - IRIS - 294 rue de Charenton, 75012 Paris, France.
>Tel/Fax: +33(0)144749239 - http://www.iris.sgdg.org
>------------------------------------------
>USEFUL LINKS:
>- Global Internet Liberty Campaign - GILC (Key issues: free speech, privacy,
>cryptography, access)
>http://www.gilc.org/
>- Report on International Status of Privacy: "Privacy and Human Rights 1999".
>Electronic Privacy Information Center Washington, DC, USA. Privacy
International

>London, UK
>http://www.privacyinternational.org/survey/
>- "Cryptography and Liberty 1999: An international Survey of Encryption
Policy".
>Electronic Privacy Information Center Washington, DC
>http://www2.epic.org/reports/crypto1999.html#_Toc450793110
>- "An Appraisal of Technologies of Political Control". Scientific and
>Technological Options Assessment - STOA. 06jan98.
>http://cryptome.org/stoa-atpc.htm
>--
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