WSIS Civil Society Privacy and Security Working Group
Language proposals on Internet Governance 
Paragraphs 50, 52 & 53 of the Chair’s paper

first draft by Tapani Tarvainen, 25 September 2005, 18:34 CEST
Comments are in Italics.

Chair’s Paper 
(Document WSIS-II/PC-3/DT/10-E	Possible alternative language (not public position of PrivSec wg)	
50.	We underline the need to develop effective instruments and efficient mechanisms for the prosecution of crimes using technological means, that are committed in one jurisdiction but have effects in another. We call upon governments, in cooperation with other stakeholders, to continue to develop appropriate instruments and mechanisms, including treaties and enhanced cooperation, to allow for effective criminal investigation and prosecution of crimes committed in cyberspace as well as against networks and technological resources. This should address the problem of cross-border jurisdiction, regardless of the territory from which the crime was committed and/or the location of the technological means used, while respecting sovereignty. 
	50.We underline the need to develop effective instruments and efficient mechanisms for the prosecution of crimes using technological means, that are committed in one jurisdiction but have effects in another. We call upon governments, in cooperation with other stakeholders, to continue to develop appropriate instruments and mechanisms, including treaties and enhanced cooperation, to allow for effective criminal investigation and prosecution of crimes committed in cyberspace as well as against networks and technological resources. This should address the problem of cross-border jurisdiction, regardless of the territory from which the crime was committed and/or the location of the technological means used, while respecting human rights and sovereignty.
[Human rights before sovereignty – swapping them offers another not-too-important compromise option. - Perhaps could add “, in particular freedom of expression and privacy” after HR?]
	
52.	We reaffirm our commitmentto the freedom to seek, receive, impart and use information for the creation, accumulation and dissemination of knowledge. We urge that measures undertaken to ensure Internet stability and security, to fight cybercrime and to counter spam do not violate the provisions for freedom of expression as contained in the Universal Declaration of Human Rights and the WSIS Declaration of Principles.
	52.We reaffirm our commitment to the freedom to seek, receive, impart and use information for the creation, accumulation and dissemination of knowledge. We urge that measures undertaken to ensure Internet stability and security, to fight cybercrime and to counter spam do not violate the provisions for privacy and freedom of expression as contained in the Universal Declaration of Human Rights and the WSIS Declaration of Principles.	
53.	We encouragethose governments that have adopted legislation on privacy and/or data protection to coordinate these measures, and their enforcement, with other countries and we call upon those governments that have not yet developed such measures to consider doing so, with the participation of all stakeholders.
	53.We reaffirm that it is important to ensure the protection of data and privacy, and encourage those governments that have adopted legislation on privacy and/or data protection to coordinate these measures, and their enforcement, with other countries and stakeholders, and we urge those governments that have not yet developed such measures to do so, with the participation of all stakeholders.
[Added text in the beginning taken from Geneva Principles 35]