[Euro-board] WG: RE: [IRPCoalition] Delfi v Estonia in European Court of Human Rights

Wed Jan 8 10:47:27 UTC 2014

Dear colleagues

Happy New Year to all.

I too support this initiative to send out a letter or a statement for
reconsideration on behalf of the EURALO to the ECHR on Delfi vs Estonia
ruling and the possible bad precedent it sets with regards to new
liabilities of ISPs / intermediaries.

I can touch base with Gabrielle in Article 19 in the UK to see what they
plan to do and report back.

Best

Desiree
--
On Jan 8, 2014 3:54 AM, "Subrenat, Jean-Jacques" <jjs at dyalog.net> wrote:

> I support the position taken by Wolf.
>
> In addition, I would like to offer the following remarks:
>
> 1) The determination of the ECHR on Delfi vs. Estonia was guided (largely)
> by principles, laws and directives of the EU and its Member States.
> Although these principles, laws and directives meet with wide approval
> around the world, they do not pretend to apply outside of the EU.
>
> 2) As has become evident by the gradual publication of the revelations by
> Edward Snowden, the threat to democratic principles, including Internet
> freedom of expression and protection of user rights, comes not from the EU
> as an institution, nor from most of its Member States, but from the
> "blanket surveillance" implemented by the USA (NSA) and the UK (GCHQ), in a
> trend which can be called "a regrettable convergence" with repressive
> countries (North Korea, Iran, etc.).
>
> 3) Considering the above, I would encourage the concerned parties,
> including Article 19 and other NGOs, but also EURALO, to remain vigilant
> about the wider curtailment of fundamental rights on a global scale, rather
> than concentrate mainly on the EU dimension. In this respect, it would be
> advantageous for European, or Europe-based organizations and concerned
> citizens, to consult, and perhaps cooperate with equivalents outside of the
> EU and its Member States, for instance the ACLU (American Civil Liberties
> Union) in the United States.
>
> Best regards,
> Jean-Jacques.
>
>
>
> ----- Original Message -----
> From: "Wolf Ludwig" <wolf.ludwig at comunica-ch.net>
> To: "Euro Board" <euro-board at atlarge-lists.icann.org>
> Sent: Mardi 7 Janvier 2014 20:21:55
> Subject: [Euro-board] WG: RE: [IRPCoalition] Delfi v Estonia in European
>      Court of Human   Rights
>
> Dear all,
>
> first of all, I hope you had a pleasant transition into the New Year and
> wish you all the best.
>
> I don't know whether you have seen this recent issue of the European Court
> of Human Rights on Delfi vs. Estonia what I think is a troublesome
> interpretation or ruling -- more details see below. IMO, the ECHR
> affirmation creates unhealthy precedences into the wrong direction in terms
> of new ISP liabilities and in a similar way, as new surveillance laws in
> certain countries (like Switzerland etc.).
>
> Therefore I think, it would be appropriate for EURALO to join and support
> this initiative and letter to be send by some proven experts to the ECHR
> for reconsideration. As the deadline is rather short (Wednesday), we cannot
> discuss this issue at our next monthly call but need such an Online
> consultation among the EURALO Board on short notice. May I suggest - as in
> previous cases - that if no objections are raised by you, EURALO will
> support this initiative and letter?
>
> Thanks for your advice and
> kind regards,
> Wolf
>
>
> Karmen Turk wrote Tue, 7 Jan 2014 17:15:
> >Hi,
> >
> >Thank you for the support.... However, I doubt that the support letter
> will be sent out on Wednesday. The Delfi application will have to be sent
> out (and I try to send it :)), but the support letter will probably follow
> on Thursday or Friday. Thus, if you get a possibility to consult before
> that, I could still add EURALO as an organisation as well.
> >
> >And - you can always send it separately...
> >
> >Any support is highly appreciated since there were no dissenting opinions
> that would hel get as a leave to the Grand Chamber.
> >
> >Regards,
> >Karmen Turk
> >
> >
> >Wolf Ludwig sent Tuesday, January 07, 2014 7:11 PM
> >Hi Karmen,
> >
> >thanks for this troubling info. Until Wednesday I won't have sufficient
> time to consult with my colleagues or Board members from EURALO (ICANN's
> European At-Large organization). But if you wish, you can add my name in my
> personal capacity.
> >
> >Thanks and regards,
> >Wolf Ludwig
> >
> >
> >Karmen Turk wrote Tue, 7 Jan 2014 10:43:
> >>Hi all,
> >>
> >>
> >>Happy New Year and welcome to new Co-Chair and Steering Committee
> members!
> >>
> >>
> >>As many of you know, a chamber of the European Court of Human Rights
> recently held, in Delfi v. Estonia, that a website is strictly liable for
> defamatory content in any user-generated content posted by a third party.
>  This position will be familiar to you, because it is essentially the rule
> we endured in the United States prior to the passage of Section 230 of the
> Communications Decency Act.  In the EU, the E-Commerce Directive moderates
> that result somewhat, permitting a site to avoid liability if it deletes
> potentially defamatory content upon notice.  But remarkably, the ECHR
> affirmed the views of the Estonian national courts that this rule applied
> to ISPs and not to websites who have solicited comments from readers -- in
> the Delfi case, the publication had actually taken the comment down on
> request, but was still found liable.  Needless to say, this is a decision
> that could inhibit free expression online, and will likely lead to media
> avoiding online comments in many co!
>  u!
> > ntries.  (A detailed assessment of it can be found here<
> http://www.article19.org/resources.php/resource/37287/en/european-court-strikes-serious-blow-to-free-speech-online
> >)
> >>
> >>
> >>Peter Noorlander, (the chief executive of the Media Legal Defence
> Initiative in London), Gabrielle Guillemin (from Article 19), Dirk Voorhoof
> (recognized human rights scientist), are heading up an effort to encourage
> the Grand Chamber of the ECHR to review and reverse the Delfi decision.
>  They have drafted the attached letter for that purpose, and are
> encouraging media companies and associations to lend their support and name
> to the effort.  This is especially important since there were no judges
> dissenting from the judgment.
> >>
> >>
> >>
> >>There is no cost associated with this request.  If you would like to be
> included, there is two possibilities:
> >>
> >>-          Just let me know by Wednesday evening and I shall add you (or
> your organization) to the list of supporters;
> >>
> >>-          Or you can send the letter yourself to ECHR. The letter is
> available under Creative Commons license CC CA :)
> >>
> >>
> >>
> >>PS: I do apologize for quite a short deadline :)
> >>
> >>
> >>
> >>Kind Regards,
> >>
> >>Karmen
> >>
> >>
> >>
> >>Kind regards,
> >>
> >>[Description:
> >>C:\Users\karmen.turk\AppData\Roaming\Microsoft\Signatures\blank.gif]
> >>
> >>Karmen Turk
> >>Advocate
> >>
> >>[Description:
> >>C:\Users\karmen.turk\AppData\Roaming\Microsoft\Signatures\triniti-ee.gi
> >>f]
> >>
> >>
> >>[Description:
> >>C:\Users\karmen.turk\AppData\Roaming\Microsoft\Signatures\blank.gif]
> >>
> >>M
> >>
> >>+372 513 3181
> >>
> >>P
> >>
> >>+372 685 0950
> >>
> >>F
> >>
> >>+372 685 0951
> >>
> >>
> >>[Description:
> >>C:\Users\karmen.turk\AppData\Roaming\Microsoft\Signatures\blank.gif]
> >>
> >>TRINITI TALLINN
> >>Tartu mnt 2, 10145 Tallinn, Estonia
> >>karmen.turk at triniti.ee<mailto:karmen.turk at triniti.ee>
> >>www.triniti.ee<http://www.triniti.ee/>
> >>
> >>[Description:
> >>C:\Users\karmen.turk\AppData\Roaming\Microsoft\Signatures\blank.gif]
> >>
> >>Triniti is a Pan-Baltic, cross-border legal practice
> >>
> >>
> >>The content of this email, including all attachments, is confidential.
> If you are not the intended recipient hereof, please notify immediately
> Triniti Tallinn office (Law Firm Tamme Otsmann Ruus Vabamets) and delete
> this email! Any disclosure, copying, distribution or any other use of its
> content is strictly prohibited.
> >>
> >>
> >>
> >>
> >>
> >>-----Original Message-----
> >>From: irp-bounces at lists.internetrightsandprinciples.org
> >>[mailto:irp-bounces at lists.internetrightsandprinciples.org] On Behalf Of
> >>Shawna Finnegan
> >>Sent: Tuesday, January 07, 2014 12:17 AM
> >>To: IRP at lists.internetrightsandprinciples.org
> >>Subject: Re: [IRPCoalition] IRP in 2014
> >>
> >>
> >>
> >>-----BEGIN PGP SIGNED MESSAGE-----
> >>
> >>Hash: SHA1
> >>
> >>
> >>
> >>Hi all,
> >>
> >>
> >>
> >>Happy new year, and welcome to the new co-Chair and Steering committee
> members!
> >>
> >>
> >>
> >>Marianne, thanks for this email. Wolfgang's post is a fantastic
> orientation for the upcoming year.
> >>
> >>
> >>
> >>I completely agree that there is no need to reinvent the wheel. The fact
> that 80% of principles in recent declarations on IG are the same, according
> to Wolfgang, suggests that we are very much on the right track. Continuing
> down that track, I think prioritizing one charter or declaration over
> others in developing a global set of principles might undermine the
> collaborative process.
> >>
> >>
> >>
> >>While the IRP Charter is a robust starting point for a global
> multi-stakeholder principles on IG, it would be great to map the 80%
> overlap in recent principles (if Wolfgang has not already done so), and
> work with our networks and communities to articulate shared language based
> on that framework.
> >>
> >>
> >>
> >>Looking forward to others' thoughts,
> >>
> >>
> >>
> >>Shawna
> >>
> >>
> >>
> >>On 14-01-02 05:25 AM, Marianne Franklin wrote:
> >>
> >>> Apologies for a double-mailing but should have sent the message below
> >>
> >>> under a new message heading. On 02/01/2014 12:21, Marianne Franklin
> >>
> >>> wrote:
> >>
> >>>> Dear all
> >>
> >>>>
> >>
> >>>> Happy 2014. Thank you Olivier for the positive vibes this early in
> >>
> >>>> the year too.
> >>
> >>>>
> >>
> >>>> As preparations for the Brazil Meeting in April gather steam, a main
> >>
> >>>> agenda item and output is now clear; to produce a "global"
> >>
> >>>> set of Internet Governance principles.
> >>
> >>>>
> >>
> >>>> Wolfgang Kleinwaechter, who has been undertaking a survey of all
> >>
> >>>> existing statements around IG Principles including those that
> >>>> include
> >>
> >>>> human rights and principles, has provided one comprehensive review
> >>>> of
> >>
> >>>> the year past and the year ahead in this respect (
> >>
> >>>>
> >>
> >>>> http://www.circleid.com/posts/20131231_internet_governance_outlook_2
> >>>> 0
> >>
> >>>> 14_good_news_bad_news_no_news/
> >>
> >>>>
> >>
> >>>>
> >>
> >>>>
> >>
> >>>>
> >>
> >>At the end of this analysis, Wolfgang makes the following comment
> >>
> >>>> about the leading role the UDHR played historically in setting the
> >>
> >>>> frame for subsequent international human rights law: that it "would
> >>
> >>>> be good to have a similar document for the Internet, supported not
> >>
> >>>> only by the governments of the 193 UN member states but also by all
> >>
> >>>> the non-governmental stakeholders from the private sector as Google
> >>
> >>>> and Facebook, the technical community as ICANN and the IETF and
> >>>> civil
> >>
> >>>> society as APC and Human Rights Watch."
> >>
> >>>>
> >>
> >>>> Point taken but for the fact that the IRP Charter already exists in
> >>
> >>>> this capacity. Its 21 clauses are explicitly - and elegantly
> >>
> >>>> - embedded in the UDHR and these subsequent treaties. It was the
> >>
> >>>> product of collaborative work, within the IGF setting to be sure, of
> >>
> >>>> individuals and organizations all mentioned in this comment.
> >>
> >>>> Government reps and IGO reps have been active as well in the Charter
> >>
> >>>> work. Endorsements by a range of actors are currently being gathered
> >>
> >>>> as the 2nd Edition of the Charter Booklet is ready to go public. We
> >>
> >>>> also have several translations in process so here there is a
> >>
> >>>> grassroots support level for the work.
> >>
> >>>>
> >>
> >>>> But, Brazil is a so-called high level meeting and its outcomes will
> >>
> >>>> be symbolic and perhaps groundbreaking from an inter-governmental
> >>
> >>>> point of view (perhaps not but that remains to be seen). With more
> >>
> >>>> and more support for a human-rights based approach to IG in the wake
> >>
> >>>> of the Snowden revelations, it appears that we could be facing the
> >>
> >>>> embedding of a disconnect between this shift in mood, one that
> >>
> >>>> underscores the IRP Charter project after-the-fact, and the fact
> >>>> that
> >>
> >>>> these calls since Snowden are already encapsulated by the IRP
> >>>> Charter
> >>
> >>>> in its entirety.
> >>
> >>>>
> >>
> >>>> Given this recognition that human rights online do matter
> >>
> >>>> (underscored too by initiatives such as the 13 Principles by PI,
> >>>> EFF,
> >>
> >>>> Access et al) do need protecting, what remains to be seen is whether
> >>
> >>>> all those concerned with making Brazil a success and based on the
> >>
> >>>> good parts of the IGF working model, the IRP Charter can be taken on
> >>
> >>>> board in a more explicit capacity. By this I mean that it is the
> >>
> >>>> document that is adopted and recognized in the fullest sense of the
> >>
> >>>> term ("legally non-binding high level principles"). This is because
> >>
> >>>> the IRP Charter remains the one document that already complies with
> >>
> >>>> these calls; from within the IGF community and further abroad in the
> >>
> >>>> UN, and technical community where high profile figures such as Tim
> >>
> >>>> Berners-Lee are calling for a global Bill of Digital Rights.
> >>
> >>>>
> >>
> >>>> It would be a shame, and a mistake to my mind, for us to not to make
> >>
> >>>> use of the same sort of collaborative and creative energy within
> >>>> this
> >>
> >>>> list alone, and links to wider networks to promote the Charter for
> >>
> >>>> this role whilst supporting the Brazil Meeting aim to generate a
> >>
> >>>> broad sort of global consensus. We do not need to re-reinvent the
> >>
> >>>> wheel here.
> >>
> >>>>
> >>
> >>>> What do people think? best MF
> >>
> >>>>
> >>
> >>>>
> >>
> >>>> On 01/01/2014 18:39, Olivier MJ Crepin-Leblond wrote:
> >>
> >>>>> Thanks for these excellent news!
> >>
> >>>>>
> >>
> >>>>> I am thrilled to see such talent leading the IRP. May it go from
> >>
> >>>>> strength to strength! Best wishes to you all for 2014.
> >>
> >>>>>
> >>
> >>>>> Olivier
> >>
> >>>>>
> >>
> >>>>> On 24/12/2013 17:54, IRPCoalition wrote:
> >>
> >>>>>> Dear all
> >>
> >>>>>>
> >>
> >>>>>> The election/endorsement process for the IRP Coalition's Steering
> >>
> >>>>>> Committee is over (37 people took part with 86.5% support, 5.4%
> >>
> >>>>>> against, and 8.1% abstaining). Thank you for the positive comments
> >>
> >>>>>> about all we have achieved this year and also for the constructive
> >>
> >>>>>> suggestions for the year to come. The new SC met last week so this
> >>
> >>>>>> email is to formally re-introduce everyone to you all.
> >>
> >>>>>>
> >>
> >>>>>> First up, our incoming co-Chair who will be serving with Marianne
> >>
> >>>>>> this year. Robert has worked with the IRP since 2008, seeing the
> >>
> >>>>>> first charter through, setting up and then assisting with the
> >>
> >>>>>> website and social media efforts, and also supporting IRP events
> >>>>>> at
> >>
> >>>>>> the IGF meetings. After being on the steering committee for the
> >>
> >>>>>> last few years, championing the IRP in all capacities, he is happy
> >>
> >>>>>> to provide continuity and support as co-chair of the IRP. Robert
> >>>>>> is
> >>
> >>>>>> excited about growing participation in the coalition, ramping up
> >>
> >>>>>> dissemination of the Charter in different engaging formats
> >>
> >>>>>> (socio-technical, educational), and exploring new ways of
> >>
> >>>>>> integrating Human Rights in Internet Governance at all levels.
> >>>>>> This
> >>
> >>>>>> work complements his teaching and research as an engaged academic.
> >>
> >>>>>>
> >>
> >>>>>> Next here are the SC members for 2014 (bio notes will be up on the
> >>
> >>>>>> website shortly):
> >>
> >>>>>>
> >>
> >>>>>> Co-Chairs Marianne Franklin (New Zealand/UK) Robert Bodle
> >>
> >>>>>> (USA)
> >>
> >>>>>>
> >>
> >>>>>> Steering Committee Rafik Dammak (Tunisia/Japan) Catherine Easton
> >>
> >>>>>> (UK) Dixie Hawtin (UK) Matthias Kettemann (Austria) Parminder Jeet
> >>
> >>>>>> Singh (India) Carlos Affonso Pereira de Souza
> >>
> >>>>>> (Brazil) Vik Szabados (Hungary) Tapani Tarvainen (Finland)
> >>
> >>>>>>
> >>
> >>>>>> We are all looking forward to a productive year for the protection
> >>
> >>>>>> and enjoyment of human rights online - for everyone, everywhere.
> >>
> >>>>>>
> >>
> >>>>>> Warm regards MF/RB and the whole SC
> >>
> >>>>>>
> >>
> >>>>>> www.internetrightsandprinciples.org<http://www.internetrightsandpr
> >>>>>> inciples.org>
> >>
> >>>>>> http://www.intgovforum.org/cms/dynamiccoalitions/72-ibr
> >>
> >>>>>> @netrights
> >>
> >>>>>>
> >>
> >>>>>>
> >>
> >>>>>>
> >>
> >>>>>> _______________________________________________ IRP mailing list
> >>
> >>>>>> IRP at lists.internetrightsandprinciples.org<mailto:IRP at lists.interne
> >>>>>> trightsandprinciples.org>
> >>
> >>>>>> http://lists.internetrightsandprinciples.org/cgi-bin/mailman/listi
> >>>>>> n
> >>
> >>>>>> fo/irp
> >>
> >>>>>>
> >>
> >>>>>>
> >>
> >>>>>
> >>
> >>>>>>
> >>
> >>_______________________________________________
> >>
> >>>>> IRP mailing list
> >>>>> IRP at lists.internetrightsandprinciples.org<mailto:IRP at lists.internet
> >>>>> rightsandprinciples.org>
> >>
> >>>>> http://lists.internetrightsandprinciples.org/cgi-bin/mailman/listin
> >>>>> f
> >>
> >>>>> o/irp
> >>
> >>>>>
> >>
> >>>>
> >>
> >>>
> >>
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> >>-----END PGP SIGNATURE-----
> >>
> >>_______________________________________________
> >>
> >>IRP mailing list
> >>
> >>IRP at lists.internetrightsandprinciples.org<mailto:IRP at lists.internetrigh
> >>tsandprinciples.org>
> >>
> >>http://lists.internetrightsandprinciples.org/cgi-bin/mailman/listinfo/i
> >>rp
> >>
> >
> >EuroDIG Secretariat
> >http://www.eurodig.org/
> >mobile +41 79 204 83 87
> >Skype: Wolf-Ludwig
> >
> >EURALO - ICANN's Regional At-Large Organisation http://euralo.org
> >
> >Profile on LinkedIn
> >http://ch.linkedin.com/in/wolfludwig
> >
> >
>
> EuroDIG Secretariat
> http://www.eurodig.org/
> mobile +41 79 204 83 87
> Skype: Wolf-Ludwig
>
> EURALO - ICANN's Regional At-Large Organisation
> http://euralo.org
>
> Profile on LinkedIn
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