<html><head></head><body style="word-wrap: break-word; -webkit-nbsp-mode: space; -webkit-line-break: after-white-space; "><div><div><div>Dear All,<br></div><br><div>First, thanks for your email: we're very pleased to hear how engaged many of the chapters are in this very sensitive area of privacy. From the many reactions which I have seen on the list, I believe that we could have been more considered and less direct in our response and in particular we should have taken more time to expand on the reasoning behind this mail. I hope the following note will solve this.</div></div><div><font class="Apple-style-span" color="#000000">This said, b</font>efore I come back on my original mail, I would like to share some general thoughts with you, with a view to seek your ideas on how we could improve the process to issue collective positions on such public policy declaration when ISOC as a whole has not been formally engaged.</div><br><div>Your ideas would also allow use of the recommended processes for consultation drafted by the sphere-consult group to follow.<br><div>A real issue is that we (all of us) are often being offered to support last-minute widely-distributed calls from various organizations to support work that is effectively finished. As a matter of course, we often have not been given a chance to input on the proposed text, which would provide us the opportunity to reflect ISOC diversity and strategic goals and objectives in the draft, influence it and then support the declaration. The main reason is that we, as Chapter, as ISOC staff, as Member, can't be everywhere and be involved in the drafting of all these works. I'm not claiming we should be ISOC-centric (this is not the point) I'm just saying that we should seriously reflect on ISOC's ability to participate effectively to the drafting of those many declarations. As the case may be, ISOC may not be able to support declarations that include language we cannot support, regardless of their potential good intent.<br></div><br><div>This is an *open* question and I would very much like to hear your opinions.<br></div><br><div>What's for sure is that allowing time for such a reflexion will certainly help all of us to improve our communication with all ISOC components because, yes, there is definitely a need for improvement.<br></div><br><div>Now allow me to come back to my first mail which definitely needs a clarification.<br></div><br><div>Speaking directly to the Global Privacy Standards for a Global World proposed by the Public Voice, our intent was simply to indicate that it is difficult to support in its entirety the declaration as currently written. As has already been pointed out by various Chapter Delegates,the intent of the declaration is to a high degree aligned with ISOC's mission as it relates to respecting privacy.<br></div><br><div>There is no question that this draft Declaration is well intentioned and that it proposes very strong and robust principles. Our decision not to sign it does *not* mean ISOC does not support those principles. Further, and even more importantly, it does not mean that ISOC would advise going counter to those principles.However, there are areas in the Madrid Declaration that we are unable to support and those are significant enough to lead to a decision that our organization should not support the Declaration.Indeed, we believe that it is not advisable to support a declaration whose wording could position ISOC in a wrong manner, at a moment where ISOC is succeeding to strengthen its credibility vis-a-vis multiple stakeholders in this very sensitive area.<br></div><br><div>- ISOC is playing a major role with others in the Internet technical community and other actors in the development of global privacy policy (among other areas). Those actors include governments in the OECD and elsewhere, and with others including Public Voice, also in the OECD context. ISOC is dedicated to providing reasonable, well considered and technically sound advice on these topics. While in general terms ISOC supports the underlying principles in the draft Madrid Declaration, we believe there are portions of the Declaration that we are unable to support at this time because we believe they are not yet sufficiently well crafted.<br></div><br><div>- As importantly, ISOC has launched a Major Strategic Initiative on closely related issues (Trust and Identity) and is engaged in discussions related to privacy in both technical and policy forums with an interest in User</div></div><div><div>managed Identity. Also ISOC is managing an ongoing working group on the policy responses to infringement of copyright law on the Internet which offers to gather the view of all stakeholders (from civil society, ISOC Members including many of our Chapters and Org. Members) on this very sensitive issue. Here again, we do not believe it is appropriate for ISOC to preclude any of the results of these important initiatives by signing a declaration which, by some of its phrasing, seems to support some specific positions only. We are not confident that the Declaration as it now stands provides a good basis for moving forward on the policy front.<br></div><br><div>- Last, and in some ways an example of what I said above, we of course understand and agree that many new technologies, including embedded RIFD, raise significant challenges for privacy, and their widespread deployment is a very controversial issue. That is the case for many new technologies enabled by the Internet. We believe, however, that calling for a moratorium is not a sensible position for ISOC to take as a technical and policy contributor to the International debate. We must be open to the development of new technologies consistent with ISOC's principles, and understanding that development of both technology and policy can only take place in an open, bottom-up and often iterative process. Calling for a complete moratorium is not compatible with that kind of development.<br></div><br><div>We came to these conclusions through a series of internal discussions that we broadened beyond our policy group to include our privacy and identity teams. We would be pleased to work closely with all of you who have already expressed their support to help modify the declaration in an effort to improve it. As we understood the process, though, at this time they were only seeking signatures and not suggestions. And the deadline was very short.<br></div><br><div>Finally, while the expert team who worked on this suggested that ISOC not support this specific declaration, that in no way indicates that you should not feel free to support what you believe to be right. By all means, you should stand up and be counted when you feel it necessary to do so.<br></div><div>We simply ask that you follow the processes established within ISOC with respect to "approval" prior to signing. We risk losing credibility if we are not consistent to our principles across the organization. (please see also "<a href="http://www.isoc.org/isoc/chapters/policy/">http://www.isoc.org/isoc/chapters/policy/</a> point 5)</div></div><br><div><div>I hope this clarifies our position and I'm happy to further discuss a position which all of us, ISOC Members, would craft and promote together and which would better reflect what ISOC is trying to achieve in this very complex environment.If you're interested in working on such a position, please indicate your interest by reply and we will start a working group, open to all ISOC components, to formulate policy recommendations in this field. We would follow the process which has been recently discussed within the Sphere Consult, which has been widely agreed by Chapters and which provides guidelines to conduct an internal consultation.</div></div><div><div>Again, I regret the misunderstanding, and hope that this helps clarify our position. We appreciate your comments and look forward to continuing to effectively work together.<br></div><br><div>Thank you<br></div><br><div>Best Regards<br></div><div>Frederic<br></div><br><div>Frederic Donck<br></div><div>Director Public Policy<br></div><div>Internet Society<br></div><br><div><a href="http://www.isoc.org">www.isoc.org</a><br></div><br><br><br><br><br></div></div><br></body></html>