Re: [gnso-thickwhois-dt] a modest amendment to our charter point on "privacy and data protection"

[Avri Doria <avri@xxxxxxx>]

Hi,


On 13 Oct 2012, at 15:11, Hoover, Carolyn wrote:

> Avri,
> 
> Are these the 3 rights described in some place where the description is
> generally accepted as valid?  In other words, would the working group
> have to define these or has this already been done?

There are varied sources.


As In anything defined in International Law, there are various sources.  Yet 
that facts does not lessen the importance of considering them.  We may decide 
at some point that there is isn't an impact, but the question needs to be asked.

This is just a quick accumulation of references.  We can certainly undertake to 
produce a set of quotes from International sources that implicitly give the 
definition.



The rights are defined in several International covenants.

>From the Universal Declaration of Human rights 
><http://www.un.org/en/documents/udhr/index.shtml>

Article 19.

        • Everyone has the right to freedom of opinion and expression; this 
right includes freedom to hold opinions without interference and to seek, 
receive and impart information and ideas through any media and regardless of 
frontiers.

Article 17.

        • (1) Everyone has the right to own property alone as well as in 
association with others.
        • (2) No one shall be arbitrarily deprived of his property.

Article 20.

        • (1) Everyone has the right to freedom of peaceful assembly and 
association.
        • (2) No one may be compelled to belong to an association.

>From the  Covenant on Civil and Political Rights 
><http://www2.ohchr.org/english/law/ccpr.htm>  (this one is binding on the 
>countries that singed it)

Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his 
privacy, family, or
correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such 
interference or attacks.

Article 19:

2. Everyone shall have the right to freedom of expression; this right shall 
include freedom to
seek, receive and impart information and ideas of all kinds, regardless of 
frontiers, either orally,
in writing or in print, in the form of art, or through any other media of his 
choice.

Article 22:

1. Everyone shall have the right to freedom of association with others, 
including the right to
form and join trade unions for the protection of his interests.

3. Nothing in this article shall authorize States Parties to the International 
Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the 
Right to Organize
to take legislative measures which would prejudice, or to apply the law in such 
a manner as to
prejudice, the guarantees provided for in that Convention


Other references can be found in various national instruments:

e.g United States Bill of Rights, European Convention on Human Rights and the 
Canadian Charter of Rights and Freedoms.


Freedom of association is often know as Freedom of Assembly


In the IGF, a coalistions defined them qas:  <http://irpcharter.org/campaign/>

4) EXPRESSION AND ASSOCIATION
Everyone has the right to seek, receive, and impart information freely on the 
Internet without censorship or other interference. Everyone also has the right 
to associate freely through and on the Internet, for social, political, 
cultural or other purposes.

5) PRIVACY AND DATA PROTECTION
Everyone has the right to privacy online. This includes freedom from 
surveillance, the right to use encryption, and the right to online anonymity. 
Everyone also has the right to data protection, including control over personal 
data collection, retention, processing, disposal and disclosure.

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