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<font face="Helvetica, Arial, sans-serif">Dear all,<br>
Please, see the response from Marc Rotenberg. I am forwarding it,
because I haven't seen Frederic doing it. Mr. Rotenberg's letter raises
some questions, which ISOC must respond to. <br>
<br>
Best,<br>
Veni<br>
<br>
</font>
<blockquote type="cite">De : Marc Rotenberg <a
class="moz-txt-link-rfc2396E" href="mailto:rotenberg@epic.org"><rotenberg@epic.org></a>
<br>
Date : 29 octobre 2009 14:05:58 HNEC
<br>
À : Frederic Donck <a class="moz-txt-link-rfc2396E"
href="mailto:donck@isoc.org"><donck@isoc.org></a>
<br>
Cc : "<a class="moz-txt-link-rfc2396E"
href="mailto:madrid@mailman.thepublicvoice.org"><madrid@mailman.thepublicvoice.org></a>"
<a class="moz-txt-link-rfc2396E"
href="mailto:madrid@mailman.thepublicvoice.org"><madrid@mailman.thepublicvoice.org></a>
<br>
Objet : [Madrid] The Madrid Declaration and ISOC
<br>
<br>
<br>
<br>
Frederic Donck
<br>
Director Public Policy
<br>
Internet Society
<br>
<br>
Dear Mr. Donck,
<br>
<br>
We are writing in response to your note of 28 October 2009 regarding
<br>
the Civil Society Declaration that will be released at the annual
<br>
meeting of the privacy and data protection commissioners in Madrid
<br>
next week.
<br>
<br>
Let us say at the outset that we appreciate your interest in this
<br>
undertaking. There are very few policy issues involving the Internet
<br>
of greater concern than privacy protection. We are aware of this
<br>
because several of us have been involved with ISOC since its
<br>
founding, and we have participated in numerous discussions on
<br>
everything from crypto protocols to the the WHOIS database to
<br>
IPSec.
<br>
<br>
You have raised several specific concerns about the Declaration. We
<br>
will try to answer these.
<br>
<br>
The primary objection appears to be the lack of specificity in the
<br>
document. Regarding this concern, it is important to understand that
<br>
the Madrid Declaration was drafted at a high-level with the goal of
<br>
reaffirming basic principles, identifying new challenges, and
<br>
recommending concrete actions. It is not a report or a paper; it is
<br>
a statement of findings and principles and as such is similar to
<br>
other international declarations.
<br>
<br>
But that does not mean that there is not ample evidence to support
<br>
these points.
<br>
<br>
You object, for example, to the statement that there is "growing
<br>
collaboration between governments and vendors of surveillance
<br>
technology that establish new forms of social control."
<br>
<br>
Among the many reports on this topic is the article from the New
<br>
York Times, "China Enacting a High-Tech Plan to Track People"
<br>
(available at
<br>
<a class="moz-txt-link-freetext"
href="http://www.nytimes.com/2007/08/12/business/worldbusiness/12security">http://www.nytimes.com/2007/08/12/business/worldbusiness/12security</a>.html
)<br>
which describes this problem in detail. We would be pleased
<br>
to send you other citations, but that article alone should be enough
<br>
to establish the point.
<br>
<br>
There is the criticism that "the document does not identify the
<br>
privacy laws and privacy institutions which are asserted to have
<br>
failed to take into account the described factors." In the privacy
<br>
world, this is a non-controversial proposition. Much of the work of
<br>
the privacy commissioners is to identify new challenges and
<br>
recommend new solutions. In fact, that is why they meet annually and
<br>
that is also why they have invited the input of civil society.
<br>
<br>
You object to our claim that new strategies to pursue copyright and
<br>
unlawful content investigation pose "substantial threats to
<br>
communications privacy, intellectual freedom, and the due process of
<br>
law." That is not simply our opinion; that is the view of an
<br>
increasing number of Constitutional courts, and we would venture to
<br>
guess ISOC members, who would recognize the risks to users. To
<br>
reverse the proposition, is it the case that ISOC believes that
<br>
gathering massive data on Internet users or filtering the content of
<br>
Internet communications does <b class="moz-txt-star"><span
class="moz-txt-tag">*</span>not<span class="moz-txt-tag">*</span></b>
pose a threat to the interests
<br>
identified in the Declaration?
<br>
<br>
The final concern is about the moratorium provision in the
<br>
Declaration. On this point, it is critical to note the qualifier,
<br>
"subject to a full and transparent evaluation by independent
<br>
authorities and democratic debate." The point is simple: before
<br>
these "new systems of mass surveillance" are deployed we believe
<br>
there should be evaluation and public discussion. Again, does the
<br>
ISOC really object to that principle?
<br>
<br>
ISOC plays a vital role in Internet policy. The ISOC chapters in
<br>
particular reflect the diversity of local ISOC members and the
<br>
interests of ISOC members. It is difficult to imagine that privacy
<br>
is not a concern of ISOC or that the Madrid declaration is not a
<br>
reasonable articulation of the views of many ISOC members.
<br>
<br>
And of course it is the funding from the .ORG domain, the home of
<br>
civil society on the Internet and the domain of many organizations
<br>
that have signed the Declaration, that sustains the work ISOC.
<br>
<br>
We hope you will reconsider your decision. We would also appreciate
<br>
if you would forward this response to the ISOC chapters who
<br>
received the original email.
<br>
<br>
Sincerely,
<br>
<br>
<br>
Marc Rotenberg
<br>
for the Madrid Organizing Committee
<br>
</blockquote>
<br>
<br>
Frederic Donck wrote:
<blockquote cite="mid:94640F03-D00A-4D34-83A1-B56912DEB45F@isoc.org"
type="cite">Dear Chapter delegates and individual ISOC members,
<br>
<br>
Recently there has been growing interest amongst our membership in
<br>
the areas of data protection and privacy. This is also an area of
<br>
great interest to ISOC. We are very pleased to see our Chapters and
<br>
individual members taking such an active interest in these issues.
<br>
<br>
Recently, The Public Voice (<a class="moz-txt-link-abbreviated" href="http://www.thepublicvoice.org">www.thepublicvoice.org</a>) has asked
<br>
individuals and organisations to support its Global Privacy
<br>
Standards for a Global World The Civil Society Declaration Madrid,
<br>
Spain 3 November 2009. This document can be viewed at
<br>
<a class="moz-txt-link-freetext" href="http://thepublicvoice.org/madrid-declaration">http://thepublicvoice.org/madrid-declaration</a>.
<br>
<br>
As we understand it, The Public Voice proposes to formally release
<br>
this document at a Civil Society organised conference on 3 November
<br>
2009 entitled
<br>
"Global Privacy Standards for a Global World" prior to the 30th
<br>
International Conference of Data Protection and Privacy
<br>
Commissioners in Madrid.
<br>
<br>
Some ISOC members and Chapters have publicly expressed their support
<br>
for the declaration.
<br>
<br>
We would like to take this opportunity to outline the procedure
<br>
Chapters must follow when taking public positions and/or making
<br>
public statements.
<br>
<br>
Specific officials of Chapters, acting on behalf of their Chapter,
<br>
may make public statements and establish public positions as long as
<br>
they meet the following requirements:
<br>
<br>
1. They must advance the purposes of the Internet Society, which
<br>
includes advancing the purposes of a Chapter in good standing.
<br>
2. They must not be contrary to any position of the Internet
<br>
Society.
<br>
3. They must be prepared and presented in a professional manner.
<br>
4. They must be clearly and unambiguously identified as originating
<br>
from the Chapter of the Internet Society.
<br>
5. It should be unlikely they will give rise to any significant
<br>
legal or juridical liability.
<br>
<br>
Where there is any question or doubt regarding the appropriateness
<br>
of a public position or statement, a Chapter is expected to consult
<br>
with ISOC at least one week prior to its release or announcement.
<br>
Chapters must also notify the ISOC no later than the same day of the
<br>
release of any public position or statement.
<br>
<br>
ISOC Finland Chapter has asked us to advise whether ISOC will be
<br>
supporting the Civil Society Madrid Declaration.
<br>
<br>
ISOC does not propose to express its support for the Civil Society
<br>
Madrid Declaration because we have some concerns about the way the
<br>
declaration is expressed.
<br>
<br>
We also consider that it would not be appropriate for ISOC to
<br>
support a document which might be viewed as seeking to remind
<br>
governments to apply their own laws and asserting without evidence
<br>
that there "is growing collaboration between governments and vendors
<br>
of surveillance technology that establish new forms of social
<br>
control".
<br>
<br>
Further, the document does not identify the privacy laws and privacy
<br>
institutions which are asserted to have failed to take into account
<br>
the described factors. Without knowing what these are and how they
<br>
are said to have failed to take them into account, we cannot assess
<br>
whether or not this statement is correct.
<br>
<br>
It is also unclear what are the "new strategies to pursue copyright
<br>
and unlawful content investigations" which are said to pose
<br>
"substantial threats to communications privacy, intellectual
<br>
freedom, and the due process of law". Without knowing what those
<br>
strategies are, we cannot comment on whether or not they pose
<br>
substantial threats to privacy.
<br>
<br>
Further, whilst devices or applications that observe and/or record
<br>
personal information may raise potential privacy issues, we do not
<br>
agree that the response should be to impose a moratorium on the
<br>
development or implementation of new technologies such as RFID etc.
<br>
<br>
Accordingly, we ask that you do not express support for this
<br>
Declaration as an ISOC member or Chapter.
<br>
<br>
You may, of course, support the Declaration in your personal
<br>
capacity.
<br>
<br>
Thank you very much,
<br>
<br>
Best Regards
<br>
Frederic
<br>
<br>
Frederic Donck
<br>
Director Public Policy
<br>
Internet Society
<br>
<br>
<a class="moz-txt-link-abbreviated" href="http://www.isoc.org">www.isoc.org</a>
<br>
<br>
_______________________________________________
<br>
Chapter-delegates mailing list
<br>
<a class="moz-txt-link-abbreviated" href="mailto:Chapter-delegates@elists.isoc.org">Chapter-delegates@elists.isoc.org</a>
<br>
<a class="moz-txt-link-freetext" href="http://elists.isoc.org/mailman/listinfo/chapter-delegates">http://elists.isoc.org/mailman/listinfo/chapter-delegates</a>
<br>
<br>
</blockquote>
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