[CCWG-ACCT] Speaking of our Adviser recommendations

[Burr, Becky]

Thanks Jorge, very helpful.  But that test acts as a limitation on fair
use exceptions doesn’t it?  "Members shall confine limitations and
exceptions to exclusive rights to certain special cases which do not
conflict with a normal exploitation of the work and do not unreasonably
prejudice the legitimate interests of the rights holder.”



J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington, DC 20006
Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  /
becky.burr at neustar.biz / www.neustar.biz






On 6/2/15, 2:47 PM, "Jorge.Cancio at bakom.admin.ch"
<Jorge.Cancio at bakom.admin.ch> wrote:

>Well, you don't have an internationally agreed standard of fair use, but
>you have the three-step-test (Berne Convention, TRIPS...)
>
>Regards
>
>Jorge 
>
>-----Ursprüngliche Nachricht-----
>Von: accountability-cross-community-bounces at icann.org
>[mailto:accountability-cross-community-bounces at icann.org] Im Auftrag von
>Burr, Becky
>Gesendet: Dienstag, 2. Juni 2015 20:17
>An: Robin Gross; Bruce Tonkin; accountability-cross-community at icann.org
>Community
>Betreff: Re: [CCWG-ACCT] Speaking of our Adviser recommendations
>
>We are addressing expression (mission, commitments, core values) and due
>process (commitments and core values)
>
>Is there an internationally recognized human right of fair use and how
>broad is it?
>
>Privacy is my primary day job.  To the extent there is an internationally
>recognized right to privacy, I believe it is stated in the International
>Convention on Human Rights and the International Covenant on Civil and
>Political rights as follows: "No one shall be subjected to arbitrary or
>unlawful interference with his privacy, family, home or correspondence,
>nor to unlawful attacks on his honour and reputation.²  Sovereign
>governments determine what is unlawful in their jurisdiction, and I¹m not
>sure ICANN is in a position to interpret and apply all of the privacy
>laws around the world.  Presumably, ICANN¹s role would be to avoid
>arbitrary interference with privacy rights? I don¹t think ICANN is
>entitled to be arbitrary about most anything
>
>
>J. Beckwith Burr
>Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
>1775 Pennsylvania Avenue NW, Washington, DC 20006
>Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  /
>becky.burr at neustar.biz / www.neustar.biz
>
>
>
>
>
>
>On 6/1/15, 10:17 PM, "Robin Gross" <robin at ipjustice.org> wrote:
>
>>Thanks, Bruce.  I do believe that is the right approach and suggest
>>that we focus on the following Internet users' fundamental freedoms:
>>1.  Freedom of expression including fair use rights 2.  Privacy rights
>>3.  Due process rights
>>
>>Thank you,
>>Robin
>>
>>On Jun 1, 2015, at 7:12 PM, Bruce Tonkin wrote:
>>
>>> Hello Avri,
>>> 
>>> 
>>>>> Just wanted to say how impressed I was to hear several of our
>>>>>advisers pointing out that the work we had done to date had not
>>>>>emphasized Human Rights in our principles.  And that it was
>>>>>important we did so.
>>> 
>>> Perhaps it could be more explicit in our core values?
>>> 
>>> I assume you are not talking so much about the right to food and
>>>shelter, or no-one should be a slave etc  (part from perhaps the
>>>volunteers at ICANN that might feel that way at times :-))  - but more
>>>specifically you are talking about the right to freedom of speech etc.
>>>ie it would be useful to pull out the sections of the Universal
>>>Declaration of Human Rights that are relevant to ICANN's narrow mission.
>>> 
>>> Regards,
>>> Bruce Tonkin
>>> 
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>>
>
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