[P2P-F] Fwd: [opennetcoalition] UN Report on Freedom of Expression Bashes G8, ACTA, Hadopi.

Fri Jun 3 14:37:48 CEST 2011

---------- Forwarded message ----------
From: La Quadrature du Net <jz at laquadrature.net>
Date: Fri, Jun 3, 2011 at 3:44 PM
Subject: [opennetcoalition] UN Report on Freedom of Expression Bashes G8,
ACTA, Hadopi.
To: opennetcoalition at laquadrature.net

La Quadrature du Net - For immediate release

Permanent link:
http://www.laquadrature.net/en/un-report-on-freedom-of-expression-bashes-g8-acta-hadopi

UN Report on Freedom of Expression Bashes G8, ACTA, Hadopi.

*** Paris, June 3rd 2011 – A report on Internet policy by the UN Special
Rapporteur on the protection of freedom of opinion and expression will be
presented today. The report's guidelines aimed at protecting fundamental
freedoms clash radically with the course set by governments of the G8. This
report will be essential to help citizens hold their governments accountable
for policies undermining online freedoms. ***

The Report [1] of the Special Rapporteur on the promotion and protection of
the right to freedom of opinion and expression, Frank La Rue, brilliantly
draws the lines governments should not cross in order to protect citizens'
fundamental rights and democracy.

Alarmingly, most of the governments harmful policies regarding the Internet
adopted lately [2] are in clear contradiction with the report's conclusions:

 * The report states that governments should not make Internet
intermediaries liable for their users' activities [3]. Such condemnation of
private censorship blatantly conflicts with he G8's conclusions, which
called for internet actors to implement measures to “prevent future
copyright infringements”.

 * These conclusions regarding the role of intermediaries are also in total
contradiction with the new EU Copyright Policy and the ACTA agreement – soon
to be signed and put to vote before the European Parliament. Through the
imposition of broad new criminal sanctions, ACTA would force Internet
companies to police their networks and their services' users [4].

 * Among other recommendations, the report requests that the French
government withdraw its infamous Hadopi “three strikes” legislation [5] and
that the UK governments withdraw the Digital Economy Act.

 * The report condemns censorship of content as a dangerous and inefficient
measure [6]. It opposes the kind of administrative censorship currently
being implemented in France, or proposed at the EU level.

“The UN report on Freedom of Expression online is a blow to the G8
governments, the European Commissioner Michel Barnier, and the governments
involved in negotiating the ACTA agreement, as they all plan to turn
Internet companies into a private copyright police. The UN Special
Rapporteur Frank La Rue affirms that Freedom of Expression is more important
than copyright, and should be protected at all cost, in authoritarian
regimes as well as in democracies. Citizens of the world should be inspired
by this report and hold their governments accountable for their policies
that undermine the Internet and our freedoms.” concludes Jérémie Zimmermann,
spokesperson for citizen organization La Quadrature du Net.

* Références *

1. see the report at:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.23.pdf

2. Governmental attempts to control the Internet are multiplying in all
geographical areas: the US Governments' reaction to WikiLeaks and takedowns
of domain names in the name of copyright; the Egyptian black-out of the Net;
censorship of web content happening all over Europe; the talks of creating a
“Great European firewall”, the ACTA agreement turning Internet service
providers into a private copyright police, etc.

3. 40. [...] Holding intermediaries liable for the content disseminated or
created by their users severely undermines the enjoyment of the right to
freedom of opinion and expression, because it leads to self-protective and
over-broad private censorship, often without transparency and the due
process of the law.
 42. [...] Furthermore, intermediaries, as private entities, are not best
placed to make the determination of whether a particular content is illegal,
which requires careful balancing of competing interests and consideration of
defences.
 47. [...] To avoid infringing the right to freedom of expression and the
right to privacy of Internet users, the Special Rapporteur recommends
intermediaries to: only implement restrictions to these rights after
judicial intervention; be transparent to the user involved about measures
taken, and where applicable to the wider public; provide, if possible,
forewarning to users before the implementation of restrictive measures; and
minimize the impact of restrictions strictly to the content involved.
Finally, there must be effective remedies for affected users, including the
possibility of appeal through the procedures provided by the intermediary
and by a competent judicial authority.

4. The Special Rapporteur says that he “remains watchful about the treaty’s
eventual implications for intermediary liability and the right to freedom of
expression”.

5. 79. [...] the Special Rapporteur urges States to repeal or amend existing
intellectual copyright laws which permit users to be disconnected from
Internet access, and to refrain from adopting such laws.

6. 70. The Special Rapporteur is deeply concerned by increasingly
sophisticated blocking or filtering mechanisms used by States for
censorship. The lack of transparency surrounding these measures also makes
it difficult to ascertain whether blocking or filtering is really necessary
for the purported aims put forward by States. As such, the Special
Rapporteur calls upon States that currently block websites to provide lists
of blocked websites and full details regarding the necessity and
justification for blocking each individual website. An explanation should
also be provided on the affected websites as to why they have been blocked.
Any determination on what content should be blocked must be undertaken by a
competent judicial authority or a body which is independent of any
political, commercial, or other unwarranted influences.

** About la Quadrature du Net **

La Quadrature du Net is an advocacy group that promotes the rights and
freedoms of citizens on the Internet. More specifically, it advocates for
the adaptation of French and European legislations to respect the founding
principles of the Internet, most notably the free circulation of knowledge.

In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific and
pertinent information and tools, La Quadrature du Net hopes to encourage
citizens' participation in the public debate on rights and freedoms in the
digital age.

La Quadrature du Net is supported by French, European and international NGOs
including the Electronic Frontier Foundation, the Open Society Institute and
Privacy International.

List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-net

** Press contact and press room **

Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675

http://www.laquadrature.net/en/press-room

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