[Privsec] URGENT - draft comments on the WGIG report

[Ralf Bendrath]

Hi all,

I was busy recently, and Karen was so, too.

Now, in the last minute, I have drafted a short comment of our group on
the report of the WGIG. As the official deadline is today, I want to send
this out really soon. So all of you who are online now, please take a
quick look at the text below and reply asap if you have any improvements.
(I deliberately did not mention WHOIS, as this has already been covered in
the ALAC comments.)

Thanks,

Ralf

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WSIS Civil Society Privacy and Security Working Group

Comments on the Report of the Working Group on Internet Governance
15 August 2005

The Privacy and Security Working Group is a body of civil society active
in the WSIS process, with members from all over the world. It was founded
during PrepCom2 of the first phase of the summit and has since then
constantly been giving input to the WSIS process.

We would like to congratulate Nitin Desai and all members of the Working
Group on Internet Governance for their valuable work. This relates both to
the inclusiveness and transparency of the process that lead to the WGIG
report as well as to the clear statements on the importance of privacy in
relation to Internet governance. While fully supporting the related
findings and recommendations of the WGIG, especially in paragraph 83 of
the report, we would like to stress some specific areas of concern for
civil society.

•Privacy as part of the development of the global information society
In an information society, where almost all attributes of an individual
can be known, interactions mapped, and intentions assumed based on
records, the need for protection of privacy is more crucial than ever. We
agree with the WGIG that on a global scale, there is a lack of enfoceable
standards and legislation for privacy and data-protection rights on the
Internet. On the other hand, a growing number of countries have enacted
privacy legislation. In others, the lack of privacy protection is often
based on low awareness of this fundamental human right. We support the
recommendations of WGIG to encourage countries that have no legal
tradition in this field to develop clear rules and legal frameworks with
the participation of all stakeholders. To reach this goal, we strongly
recommend that privacy capacity-building becomes part of all WSIS-related
programs to expand the use and improve the governance of the Internet. A
crucial issue in the future of the global information society will be the
incorporation of human rights, especially privacy, into all global efforts
related to the Internet. Privacy impact assessments therefore should
become part of all projects in this area.

• Law enforcement and privacy
We agree with the WGIG that all efforts to create arrangements and
procedures between national law enforcement agencies have to be consistent
with the protection of privacy, personal data and other human rights. This
also relates to the growing cooperation of the private sector and
government agencies in the fight against crime and terrorism. We insist
that privacy protection must be fully respected in this field, especially
in cross-border cooperation. Personal data must only be exchanged if there
is a legal ground for privacy protection in all countries involved.
We also strongly oppose efforts underway in several UN member states for
mandatory retention of Internet traffic data, regardless of any offences
or criminal investigations. The Internet can only stay an open and public
infrastructure if all individuals can use it freely, without having to
fear constant observation and monitoring.

• Privacy protection and Internet governance
While the findings and recommendations of the WGIG are a great step
forward in the WSIS discussions around privacy, we all have to make sure
they will be integrated in any documents which will be adopted at the
Tunis Summit. They must not be neglected or made part of a trade-off when
the contested political issues of Internet governance such as the future
control of the root zone file are being discussed in the months leading up
to the Tunis summit. Privacy and data protection are too important in the
Information society to be forgotten in the struggles over the core
technical resources of the Internet.