[CCWG-ACCT] Speaking of our Adviser recommendations
Jorge.Cancio at bakom.admin.ch
Jorge.Cancio at bakom.admin.ch
Tue Jun 2 19:03:28 UTC 2015
That's a very good point, really, but explanations on this could be very lengthy. Traditionally, the three-step-test has been seen as a sort of limit to fair use provisions (US and similar jurisdictions) as well as for specific exceptions and limitations (civil law countries) - as a ceiling to such provisions (which was only agreed in the 1960's if my recollection is right). However, there are differing interpretations which see the test also as a more "empowering" provision, also enabling new interpretations of existing limitations in light of societal change...
Jorge
-----Ursprüngliche Nachricht-----
Von: Burr, Becky [mailto:Becky.Burr at neustar.biz]
Gesendet: Dienstag, 2. Juni 2015 20:58
An: Cancio Jorge BAKOM; robin at ipjustice.org; Bruce.Tonkin at melbourneit.com.au; accountability-cross-community at icann.org
Betreff: Re: AW: [CCWG-ACCT] Speaking of our Adviser recommendations
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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