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

[Jonathan Zuck <jzuck@xxxxxxxxxxxxx>]

With few exceptions, these are aspirational, which cannot be our mandate. We 
can certainly discuss impact on "legally established rights."  I think it would 
be far more productive, and helpful, however,  to frame the discussion in terms 
of relative protections.

Jonathan

On Oct 13, 2012, at 4:10 PM, "Avri Doria" <avri@xxxxxxx> wrote:

> 
> 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.
> 
> ----
> 
> 
> 
>