[A2k] contribution of a2k@igf dynamic coalition

[Robin Gross]

Dear Colleagues,

Thanks for the additional feedback. The coalition's written contribution
was sent to the IGF today and also posted in .html, .sxw, .doc, .pdf here:
http://ipjustice.org/wp/2007/05/14/a2k-igf-14may2007/

Best,
Robin

------------------

*A2K@IGF Dynamic Coalition
Contribution to
Synthesis Paper for 2nd Open Consultation
2007 Internet Governance Forum (IGF)
www.a2k-igf.org <http://www.a2k-igf.org>
14 May 2007*

The purpose of the A2K@IGF Dynamic Coalition is to support and expand
Access to Knowledge (A2K) and promote freedom of expression in the realm
of information and communication technology.

Our coalition is particularly concerned about the impact that unbalanced
intellectual property rights have on the Internet as a tool of free
expression, innovation, education, and development. One focus of the
coalition is setting methodologies or best practice norms for the
implementation of laws dealing with Technological Protection Measures
(TPM) and Digital Rights Management (DRM) restrictions, which have been
shown to present serious impediments to access to knowledge and the free
flow of information. Another focus is on coordinating participation and
awareness of Access to Knowledge (A2K) activities at the World
Intellectual Property Organization (WIPO), including proposals for a
Development Agenda and an Access to Knowledge Treaty at WIPO. Another
area of concern for our coalition is with increasing attempts to impose
liability on third parties, particularly information providers, for the
infringing activities of others.

A2K@IGF grew out of a workshop held in Athens and has subsequently
established a work program, website <http://www.a2k-igf.org>, and
mailing list <http://mailman.ipjustice.org/listinfo/a2k-igf> to continue
discussions. A2K@IGF Dynamic Coalition held its first offline meeting,
an informal dinner during the Yale Law School=92s 2nd Annual Conference on
Access to Knowledge <http://research.yale.edu/isp/eventsa2k2.html> in
April 2007.

    /*A2K@IGF recommends that the IGF Advisory Group and Secretariat
    consider the following agenda items in preparation for the 2007 IGF
    meeting: */

*Build freedom of expression values into the laws and architectures that
support online communication*

The Internet was originally designed primarily for communication and
educational purposes. Because of its early use, certain values were
built into the architecture, or protocols and standards that run the
networks that have become crucial to the success of the Internet. The
ability to communicate across the globe without any intermediary=92s
interference, to seek out desired knowledge and freely associate with
ideas and communities close to one=92s heart are at the core of what makes
the Internet such a powerful tool for development, for both individuals
and nations. These specific early infrastructural design choices remain
key to the Internet=92s contribution as a global resource for knowledge
and development. We can bridge the gap in the digital divide by
continuing to design the Internet with these ends in mind, and implement
technical protocols and public policy choices that encourage the
Internet as a tool of unencumbered free expression and access to
knowledge. If we choose anything other than an =93Internet for
Development=94, we are building a wall that serves to widen the gap
between those with a wealth of information at their fingertips and those
starved for knowledge.

A2K@IGF supports the statement by Sir Tim Berners-Lee
<http://dig.csail.mit.edu/2007/03/01-ushouse-future-of-the-web.html>
before the 2007 US Congressional Sub-Committee on Telecommunications and
the Internet and his policy recommendation for =93Universal Linking:
Anyone can connect to anyone, any page can link to any page:=94 =B9

    =93The universality and flexibility of the Web's linking architecture
    has a unique capacity to break down boundaries of distance,
    language, and domains of knowledge. These traditional barriers fall
    away because the cost and complexity of a link is unaffected by most
    boundaries that divide other media.=85 The Web takes this openness one
    step further and enables a continually evolving set of new services
    that combine information at a global scale previously not possible.
    This universality has been the key enabler of innovation on the Web
    and will continue to be so in the future.=94

*Encourage open, innovative, and non-proprietary development models for
building knowledge and wealth*
A2K@IGF recognizes the importance of the Internet as an incubator for
innovative new business models that may not have been possible in the
offline world. As the power of Internet grows, the essential tools and
businesses integrated with public domain resources become increasingly
important for fostering innovation and wealth in undeveloped communities.
The implementation of open technical protocols that allow an
unrestricted ability to build upon existing networks and create new
innovations has also been key to the Internet=92s success. IGF should
encourage the use of open technical protocols, free of restrictions
imposed by intellectual property interests that hamper the ability of
the Net to connect people and ideas together.

The spread of free and open source software has led to the creation of
robust and commercially successful operating systems such as Linux. And
future technologies promise to provide additional non-proprietary
solutions at an even more affordable and efficient rate. These
non-traditional innovations promote cultural exchange and diversity, and
free-up scarce resources for other more basic needs. The social and
political value of online discussion forums, web logs or =93blogs=94 and
other peer-to-peer (P2P) communication tools are beyond question. The
global Internet community would benefit from further discussion and
consideration on the development of new technological tools that protect
the Internet as a backbone of the information super-highway and provide
innovative ways to exchange and preserve the public domain.

Creative works licensed under a Creative Commons license and other types
of =93open content=94, which permit greater sharing and incorporation into
future developments than traditional media outlets allow, have
significantly increased the availability of online educational and
cultural resources. IGF presents a unique opportunity to explore the
success of these models and encourage their expansion into new areas and
communities.

*Civil Liberties should be a broadly considered =93Cross-Cutting=94 issue a=
t
the 2007 IGF meeting in Rio*

Given the importance that basic human rights such as freedom of
expression, education, communication, scientific inquiry, access to
information, privacy, freedom of association, and anonymity play in the
development of humanity, the civil liberties implications of every topic
addressed in Rio should be considered to provide a more complete picture
of the policy issues.

Respect for civil liberties should be considered a cross-cutting issue
in all of the activities undertaken at Rio, since positive development
of the Internet is dependent upon respect for the basic human rights of
all individual Internet Users.

*Create awareness among the Internet users about their own rights
regarding access to public domain knowledge and information resources
made available by online libraries and educational institutions. *

The Internet revives the hope of the ancient Library of Alexandria =96 if
managed properly, it will create a global public resource for universal
education. But if managed for the benefit of only politically-connected
industries or out-dated business models, we will lose this opportunity
to build a strong and robust public domain of shared knowledge.

There is a growing trend
<http://www.psw.ugent.be/Cms_global/uploads/publicaties/DirkVoorhoof/EuCons=
t%202007%20%281%29%20Hins%20Voorhoof%20Acces%20to%20State%20Held%20Informat=
ion%20as%20a%20Fundamental%20Right%20under%20the%20European%20Convention%20=
on%20Human%20Rights.pdf>
among international human rights courts to specifically recognize access
to information as part of the freedom of expression rights enshrined in
several human rights conventions. For example in 2006, both the European
Court of Human Rights and the Inter-American Court of Human Rights ruled
that access to information is protected by freedom of expression
guarantees; and in Europe that right has been specifically extended to
cyberspace.=B2 A2K@IGF would like to hear from speakers at IGF Rio that
will inspire the development of the Internet as a tool for providing
access to knowledge and freedom for all citizens, regardless of national
boundaries.

Forward-thinking companies such as the British Broadcasting Corporation
(BBC) have begun to make recordings and other valuable information
available for free to citizens via the Internet. Technology-savvy
librarians at the Internet Archive have been posting public domain
books, recordings, and images on the Internet for public download for
years. Project Guttenberg makes public domain films and other video
available for free over the Internet as part of its cultural archiving
mission.

Without a shared recognition that the public domain enriches everyone
and creates value for society, information policy cannot evolve to
address the opportunities the cyberspace presents. The Internet
Governance Forum should address the status of the public domain as it
explores how the Internet can be maximized as tool for access to
knowledge and as an =93Internet for Development=94. It can also provide a
platform to raise awareness on the role of the Internet to provide
universal access to a robust public domain of knowledge and culture.

*For more information on A2K@IGF:*
A2K@IGF maintains a website at:
http://www.a2k-igf.org

A2K@IGF maintains an open mailing list at:
http://mailman.ipjustice.org/listinfo/a2k-igf


-----------------

Notes:

1. Sir Timothy Berners-Lee=92s US Congressional testimony from 1 March
2007 is available online at:
http://dig.csail.mit.edu/2007/03/01-ushouse-future-of-the-web.html

2. See: =93Access to State Held Information as a Fundamental Right under
the European Convention on Human Rights=94 by Wouter Hins and Dirk
Voorhoof, /European Constitutional Law Review/, 3: 114=96126, 2007. .pdf
<http://www.psw.ugent.be/Cms_global/uploads/publicaties/DirkVoorhoof/EuCons=
t%202007%20%281%29%20Hins%20Voorhoof%20Acces%20to%20State%20Held%20Informat=
ion%20as%20a%20Fundamental%20Right%20under%20the%20European%20Convention%20=
on%20Human%20Rights.pdf>
- Website EuConst
<http://journals.cambridge.org/action/displayAbstract?fromPage=3Donline&aid=
=3D968440&fulltextType=3DRA&fileId=3DS1574019607001149>