[Euro-board] WG: RE: [IRPCoalition] Delfi v Estonia in European Court of Human Rights
Annette Muehlberg
egov at annette-muehlberg.de
Wed Jan 8 11:53:06 UTC 2014
Happy new year to all of you!
I would like to support the initiative and I wonder how we could follow
up on Jean-Jacques important remarkes. Even though it is not directly
ICANN related, but the EuroDIG in June might be a chance to discuss
these issues.
Dear Wolf, do you have the letter itself? Before we sign it, we should
have a chance to have a look at it.
All the best
Annette
Am 08.01.2014 11:47, schrieb Desiree Miloshevic:
> 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
>>>>
>>>>
>>>>
> 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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>>>>
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>>>> 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
>> http://ch.linkedin.com/in/wolfludwig
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