IP JUSTICE STATEMENT

at the Open Consultations of the
UN Internet Goverance Forum

19 May 2006

Mr. Chairman, thank you for organizing this multi-stakeholder 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 that 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.