[CCWG-ACCT] Speaking of our Adviser recommendations

[Jorge.Cancio at bakom.admin.ch]

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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>> Accountability-Cross-Community at icann.org
>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>> 
>

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