[At-Large] input to WSIS+20 comments sought

christian de larrinaga cdel at firsthand.net
Fri Mar 10 10:06:55 UTC 2023


Sympathetic to this Karl. But ...

Check the UK's Online Safety Bill. For "public detriment" we should now read
the use of the terms "harms" and "safety". Both are subjectively assessed and at high risk of
politicisation. They are also being bandied about to be used for 
prevention of harms. This is at the root of argument to make use of
encryption too risky on communications providers bottom lines. 

C



Karl Auerbach via At-Large <at-large at atlarge-lists.icann.org> writes:

> With regard to principles, I like to start with a foundation, vague
> and ambiguous as it may be, to set a general direction.
>
> Below is what I have been proposing for a long time...
>
> (By-the-way, this formulation finds its distant ancestor in the US
> "Hush-a-Phone" case, a rather significant, and somewhat amusing, case
> that was the start of a sequence that led to the opening of telco
> circuits to other sues, such as the ARPAnet and Internet.)
>
> First Law of the Internet
>
> + Every person shall be free to use the Internet in any way
>   that is privately beneficial without being publicly
>   detrimental.
>
>    - The burden of demonstrating public detriment shall
>      be on those who wish to prevent the private use.
>
>        - Such a demonstration shall require clear and
>          convincing evidence of public detriment.
>
>    - The public detriment must be of such degree and extent
>      as to justify the suppression of the private activity.
>
> https://www.cavebear.com/old_cbblog/000059.html
>
> The general shape of this principle is that one has a freedom to use
> the net as they please.  But that pleasure is subject to the rather
> cloudy boundary of "public detriment".  However, the principle places
> the burden of proving that "public detriment" on those who complain. 
> And the level and evidence of that proof has to be high, not merely a
> bald assertion.
>
>         --karl--
>
>
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-- 
christian de larrinaga 
https://firsthand.net


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