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From: "lawrence@altlawforum.org" <lawrence@altlawforum.org> Date: March 24, 2006 4:21:39 AM EST To: commons-law@sarai.net, reader-list@sarai.net Subject: [Reader-list] IGF theme proposal: asserting the public- ness of the Internet as a guiding principle for Internet Governance Reply-To: lawrence@altlawforum.org

Hi All

Please see below a request for endorsements from organizations on the role of public interest conseiderations in the Internet Governance Forum, as a part of the World Summit on the Information Society (WSIS) process. Do get in touch with Parminder (Parminder@ITforChange.net) for more details. The last date for the endorsements is the 31st of March

Lawrence

Original Message: -----------------

Dear friends,

We wish to bring to your notice what we think is an important issue regarding the future of the Internet.

The most important institutional gain from the World Summit on the Information Society (WSIS) is the setting up of an Internet Governance Forum (IGF) which is mandated to take up important public policy issues relating to the Internet. Even though it is not a negotiating or decision making body, in the present context wherein the governance of the Internet is captured mostly by dominant interests, the IGF becomes an important global policy space for pushing progressive and pro-development agenda in relation to the Internet.

A noteworthy thing about the IGF is that civil society has important, and almost equal, official status in the IGF as governments and the private sector. Therefore, if the IGF does indeed evolve into an effective global policy space, it can serve as an important global governance innovation as well.

We write this with concern over that fact that progressive forces promoting the public domain, communication rights, media rights etc do not seem to be engaged with the possibilities of the IG Forum sufficiently. And as the Internet increasingly emerges as a main arena for these issues, this lack of engagement can be disastrous.

The imperative NOW:

IGF has called for submission of themes for its first meeting. The way the substantive business of the IGF takes off initially will in many ways determine and delimit the scope of the IGF. Civil society groups need to put forward progressive themes early enough to be able to define the substantive spaces within the IGF. (Experiences in forums like WIPO for pushing development agenda are instructive on how it is necessary to capture thematic spaces early in these global policy forums)

We are especially concerned that with issues like network neutrality already threatening the Internet in very basic ways, (please see <http://news.bbc.co.uk/1/hi/technology/4552138.stm> http://news.bbc.co.uk/1/hi/technology/4552138.stm for one such report on how a multiple tiered Internet with content, services and access differentiated by ability to pay, and other considerations, is already taking shape) there is a need for the public and egalitarian nature of the Internet to be asserted unequivocally as a fundamental principle for global public policies regarding the Internet.

Why your participation in this process is URGENTLY REQUIRED

Fostering the Internet's 'public' character- as a principle and in its concrete policy expressions is an urgent imperative. The implications for policy span the three layers of the Internet - logical, content and physical infrastructure - and the essential public and egalitarian nature of the Internet concerns all three layers. (Openness in Domain Name System space pertains to the logical layer, network neutrality and preserving the public domain issues implicates the content layer, while issues like open spectrum, community/municipality wireless, wireless commons etc concern the physical layer). The IG Caucus (a civil society caucus that has been involved in the WSIS process) had invited themes for submission to the IGF and from IT for Change we have made a proposal on 'defining and fostering the public nature of the Internet' to be submitted for being taken up at the first meeting of the IGF. We are of the view that this issue should get wider support.

If you feel that this is an important issue which must be taken up by the IGF, please send your endorsement to this proposal. As you will appreciate, the number of organizations backing this issue will decide whether it will be taken up by the IGF or not.

The last date for submissions is 31st March, and therefore your endorsement should reach Parminder@ITforChange.net by the 30th. In case you have further clarifications, please write to us.

Thank you.

Parminder

Suggested theme for the first meeting of the Internet Governance Forum: Defining and fostering the 'public-ness' of the Internet - issues of public interest, public domain, public infrastructure and public good in the context of the Internet.

a. A concise formulation for the proposed theme

In determining global public policy issues and directions for IG, it is important to first define and characterize the Internet. Its essential public and egalitarian nature must be asserted as basic principles through open discussions at the IGF. And these principles can then be interpreted in terms of specific issues that face us today - content issues (protecting and promoting the public domain, network neutrality) infrastructure issues (universal access, public infrastructure, open spectrum, Internet as public good), as well as many other issues.

b. A brief description of why it is important

The Internet, as understood by most of us, is what it is basically because of its egalitarian and public nature. It is important to articulate these fundamentals of the Internet strongly, and use them as the guiding principles to debate and develop global public policies on IG. WSIS was an arena that required quick resolutions for consensus positions. This imperative did not allow sufficient informed debates on developing public policy principles for IG, including characterizing the essential public and egalitarian nature of Internet as the technology that promises a 'better world for everyone'. IGF is the right forum for initiating this process, and taking it forward in a sustained manner. Formulating these 'essentials' of the Internet, and due exposition of their implications in various contexts, will enable better global policy responses to pressing issues including network neutrality and universal access. If these essential principles that define the Internet are not discussed and settled urgently, the Internet is likely to disintegrate, along both political and economic lines. Even if it is going to be a difficult and protracted process, discussing and resolving this is essential and the IGF is the right forum to initiate it.

c. How it is in conformity with the Tunis Agenda of the World Summit on the Information Society (WSIS)

The WSIS Declaration of Principles assert ". . our common desire and commitment to build a people-centred, inclusive and development- oriented Information Society, where everyone can create, access, utilize and share information and knowledge, enabling individuals, communities and peoples to achieve their full potential in promoting their sustainable development and improving their quality of life.. ".

The earlier mentioned issues of characterizing the global resource of the Internet fall within these overall ideals agreed at the WSIS. Para 31 of the Tunis Agenda declares

"We recognise that Internet governance, carried out according to the Geneva principles, is an essential element for a people-centred, inclusive, development oriented and non-discriminatory Information Society."

d. How it fits within the mandate of the IGF as detailed in para 72;

Discussion on the stated issue is important in order to develop guiding principles for laying down a public policy framework on IG.

(72 a of Tunis Agenda: Discuss public policy issues related to key elements of Internet Governance in order to foster the sustainability, robustness, security, stability and development of the Internet;)

Such discussions will lay the guiding principles for, and help clarify, possible policy responses to important emerging issues of network neutrality, public internet infrastructure, spectrum de-licensing etc.

(72 g: Identify emerging issues, bring them to the attention of the relevant bodies and the general public, and, where appropriate, make recommendations;)

And most importantly, it puts IG discussions in the context of the broad guiding principles adopted at Geneva, and later in Tunis.

(72 i: Promote and assess, on an ongoing basis, the embodiment of WSIS principles in Internet Governance processes;)

e. Who the main actors in the field are, who could be encouraged to participate in the thematic session

All stakeholders - from governments, civil society, business and multi-lateral organizations to those organizations currently involved with IG, like the ICANN, have an important role in discussing these issues. However, more stress needs to be placed on the inclusion of representation from developing countries and (2) the development community without core ICT backgrounds.

f. Last but not least, why should this issue should be addressed in the first annual meeting of the Forum rather than in subsequent ones.

The first phase of Internet development was driven purely by enterprise and innovation, and in many ways by private sector leadership, which served us well. Internet grew mostly autonomous of public policy in this phase.

But now with the power of Internet firmly established, and its economic and political threat to many entrenched interests increasingly obvious, we are into an important phase of development of the Internet where its egalitarian and public nature is increasingly under threat. To stem this trend and possibility, global public policy response in the form of clearly establishing the public and egalitarian nature of the Internet, and laying out its policy consequences, needs to come in urgently.

In the absence of this, it may soon be too late to reclaim the promise of the Internet for developing a "people-centred and development oriented information society" as envisioned by the WSIS. As a commentator recently said in the context of the issue of 'network neutrality', if urgent policy action is not taken, the situation may soon become intractable, and it will then be like trying to push the 'genie back into the bottle'.

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