[WSIS CS-Plenary] IP Justice Statement at IGF Open Consultations on Substantive Agenda

[Robin Gross]

IP JUSTICE STATEMENT
at Open Consultations of Internet Governance Forum
19 May 2006 - Geneva


Mr. Chairman, thank you for organizing this multi-stake forum and for 
permitting a robust dialogue on these important Internet governance issues.

I speak on behalf of IP Justice, an international civil liberties 
organization based in San Francisco.

Mr. Chairman, one of the primary focuses of Internet Governance Forum 
should be on protecting and promoting civil liberties in cyberspace. As 
United Nations project, the global public interest must be paramount.

1. Freedom of Expression
I’d like to underscore and draw attention to UN Declaration of Human 
Rights Article 19 that guarantees freedom of expression in every medium 
and regardless of frontiers. Here before us, we have an opportunity to 
put in action the words agreed to 50 years ago.

2. Privacy Rights
Consumers are most concerned about the loss of their privacy rights due 
to technological advances such as the Internet. We must look at the 
privacy implications of every issue IGF addresses. I would like to draw 
attention to substantive submission of Council of Europe, which 
recognized the inter-relationship of human rights and governance issues.

3. Balanced Intellectual Property Rights
Recognize that intellectual property rights rules have become paramount 
relevance in online world and any serious discussion about Internet 
Governance must look at the balance between IPR and the public rights to 
access information. The inherent tension between freedom of expression 
and intellectual property rights in cyberspace must be addressed.

4. Development Agenda for Internet Governance
Member States at WIPO have undertaken a ‘Development Agenda’ at WIPO to 
reform WIPO’s policies and practices to better reflect the global public 
interest and encourage development among poorer countries. IGF should 
likewise undertake a Development Agenda and commit to examining the 
development aspects into all of the policy issues IGF deals with. 
Support comments of UNESCO this morning on this point.

5. Access to Knowledge
The Internet is an unprecedented opportunity to provide information and 
knowledge to the world’s most disadvantaged. IGF should encourage the 
Internet as powerful educational tool and develop policies that ensure 
these qualities are not hampered, but expanded.

Let us recognize this as a significant opportunity to promote the 
Internet for human development, enhance democracy, individual freedom, 
universal education, and access to knowledge.

Let us resist the urge for the IGF to mainly focus on perceived 
“threats” of the Internet. but rather, recognize that efforts to curb 
cyber-crime and beef-up cyber-security always involve issues of civil 
liberties.

I would like to draw attention to 2002 OECD Guidelines for Security of 
Information Systems and Networks: Towards a Culture of Security - which 
recognize that any aim to develop a global culture of security must bear 
in mind and preserve important society values such as privacy and 
individual freedom.

In summary, each issue IGF deals with must address the civil liberties 
and development implications of those issues.

IP Justice supports UNESCO’s comment this morning that these policy 
issues don’t exist in isolation to each other – they often overlap. 
Dealing with cyber-crime and cyber-security as a higher priority than 
civil liberties issues such as freedom of expression and privacy rights 
would be an inappropriate approach to take that will inevitably leave 
the civil liberties concerns inadequately addressed. Not only would we 
miss the opportunity to do some good in the world, but we would end up 
harming the global public interest. We must not let that happen.