The Access to Knowledge and Free Expression Dynamic Coalition of the Internet Governance Forum (A2K@IGF)

Thank you Mr. Chairman.  On behalf of the Access to Knowledge and Free Expression Dynamic Coalition, a multi-stakeholder group of NGO’s, business, and government, I welcome the opportunity to participate at the IGF Open Consultations and recommend issues for consideration of discussion at the 2008 IGF in Hyderabad this December.

 
The A2K@IGF coalition was formed at the inaugural meeting of the United Nations Internet Governance Forum Athens, Greece 2006 in recognition of the growing impact that unbalanced intellectual property rules have on access to knowledge and free expression in the Information Age.  In particular, the coalition is concerned with the negative impact that excessive intellectual property rights can have on the development of the Internet as a global communications platform.  The coalition met again in Rio de Janeiro, Brazil, in November 2007 to continue the discussion on how to remove legal impediments to access to knowledge and thus facilitate the free flow of information on the Internet. 
 
The United Nations Special Agency, the World Intellectual Property Organization (WIPO), administers a number of intellectual property treaties that can have a harmful effect on developing countries when implemented poorly.  For example the 1996 WIPO “Internet Treaties” have been used to impose excessive anti-development policies on nations by requiring legal prohibitions against the bypass of technological restrictions that control the use of digital content and prevent the free flow of information (“digital rights management”).
 
As a UN agency, WIPO is required to balance the rights of intellectual property rights holders with the rights of users, taking into account issues of development in treaty formulation.  The global Access to Knowledge (A2K) movement and this coalition have been created to promote a balance that favors the global public interest.  One key A2K strategy in relation to WIPO has been to participate in the WIPO Development Agenda discussions and to promote an Access to Knowledge Treaty at WIPO.
 
Closely tied to access to knowledge is the need for access to technology, interoperability, and open standards.  The lack of ICT infrastructure and affordable bandwidth has excluded most developing countries from access to the Internet and they have therefore not benefited as fully from the Internet.  The work of this and other IGF dynamic coalitions hope to address the problem of the growing digital divide. 
 
The IGF theme “Openness” implies not only the removal of obstacles to the free flow of information but also encompasses promoting and creating an environment of openness and inclusiveness.  Google has responded to the idea of promoting cultural diversity by providing search engines in several languages.  Free and Open Source Software (FOSS) developers have gone a long way in promoting free software applications and search engines in minority languages thereby including and facilitating many more Internet users, growing small businesses and promoting the free flow of information.  The many alternative licenses available to software programmers writing FOSS programs has facilitated these efforts to share knowledge and information freely while incentivising creativity.  But these alternative models can only survive if international legal norms and technical protocols support efforts to make knowledge more freely accessible.
 
IPR protection has always been given to creators and inventors in exchange for some benefit to the public.  These are usually included in IP law as exceptions and limitations that can provide a benefit to the public.  For example, when copyright owners permit the copying of their materials for private and educational use, they contribute to the general pool of knowledge available on the Internet.  The practice of remixing, re-using, editing, and combining of audio-video and text to comment on culture and create transformative works depends upon a system of robust exceptions and limitations to exclusive rights.


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This coalition supports innovation and the creation of wealth through IPR incentivization, but we also seek to support alternative models for creating knowledge goods, including free and open source software, or open scholarly and scientific journals, and on-line access to scholarly research, publicly funded research, and essential documents such as legal information.
The A2K@IGF coalition welcomes a discussion in Hyderabd that explores best practices for promoting sharing of knowledge and access to information and that explores a variety of business models designed to encourage creativity and innovation.  We welcome participation from all stakeholders in this ongoing discussion to build an open and inclusive Internet to promote human development and individual empowerment. 
 
Thank you.

The A2K@IGF Dynamic Coalition was formed by a diverse group of public-interest NGO’s and representatives from business and governments who are concerned about the impact of unbalanced intellectual property rights on access to knowledge and freedom of expression.

The purpose of the A2K@IGF Dynamic Coalition is to support and expand access to knowledge and promote freedom of expression in the realm of information and communication technology.

This website is under construction. In the meantime, see A2K@IGF coalition documents and info at the old website http://www.a2k-igf.org/ba_index.shtml.

 

Thank you, Mr. Chairman.

I speak on behalf of the A2K@IGF Dynamic Coalition, who’s purpose is to support and expand Access to Knowledge and promote freedom of expression in the realm of information and communication technology.

Our coalition is particularly concerned with the impact that unbalanced intellectual property rights have on the Internet as a tool of free expression, innovation, education, and development.

A2K@IGF joins in supporting the statement from Brazil and Argentina this morning to focus the openness theme on fundamental rights and open standards, and the diversity theme on knowledge production and sharing.

Additionally, A2K@IGF recommends that IGF consider the following 3 principles in preparation for Rio:

FIRST. Build freedom of expression values into the laws and architectures that support online communication.

The Internet was originally designed primarily for communication and educational purposes.

The ability to communicate across the globe without any intermediary’s interference, to seek out desired knowledge, and freely associate with ideas and communities close to one’s heart, are at the core of what makes the Internet such a powerful tool for development.

These specific early infrastructural design choices remain key to the Internet’s contribution as a global resource for knowledge and development.

We can bridge the gap in the digital divide by continuing to design the Internet with these ends in mind, and implement technical protocols and public policy choices that encourage the Internet as a tool of unencumbered free expression and access to knowledge.

If we choose anything other than an “Internet for Development”, we are building a wall that serves to widen the gap between those with a wealth of information at their fingertips and those starved for knowledge.

SECOND. IGF can serve to encourage open, innovative, and non-proprietary development models for building knowledge and wealth.

A2K@IGF recognizes the importance of the Internet as an incubator for innovative new business models that may not have been possible in the offline world.

The spread of free and open source software has led to the creation of robust and commercially successful operating systems such as Linux.

And future technologies promise to provide additional non-proprietary solutions at an even more affordable and efficient rate.

These non-traditional innovations promote cultural exchange and diversity, and free-up scarce resources for other more basic needs.

The social and political value of online discussion forums, wikis, web logs and other peer-to-peer (P2P) communication tools are beyond question.

Creative works licensed under a Creative Commons license or other types of “open content”, which permit greater sharing and incorporation into future developments than traditional media outlets allow, have significantly increased the availability of online educational and cultural resources.

IGF presents a unique opportunity to explore the success of these models and encourage their expansion into new areas and communities.

As the power of Internet grows, the essential tools and businesses integrated with public domain resources become increasingly important for fostering innovation and wealth, particularly in undeveloped communities.

Without a shared recognition that the public domain enriches everyone and creates value for society, information policy cannot evolve to address the opportunities the cyberspace presents.

The Internet Governance Forum should address the status of the public domain as it explores how the Internet can be maximized as tool for access to knowledge and as an “Internet for Development”.

It can also provide a platform to raise awareness on the role of the Internet to provide universal access to a robust public domain of knowledge and culture.

The Internet revives the hope of the ancient Library of Alexandria – if managed properly, it will create a global public resource for universal education.

But if managed for the benefit of only a few industries or out-dated business models, we will lose this opportunity to build a strong and robust public domain of shared knowledge.

THIRD and Finally. Civil Liberties should be a broadly considered “Cross-Cutting” issue at the 2007 IGF meeting in Rio.

Given the importance that basic human rights such as freedom of expression, education, privacy, communication, scientific inquiry, access to information, freedom of association, and anonymity play in the development of humanity, the civil liberties implications of every topic addressed in Rio should be considered to provide a more complete picture of the policy issues.

Respect for civil liberties should be considered a cross-cutting issue in all of the activities undertaken at Rio, since positive development of the Internet is dependent upon respect for the basic human rights of all individual Internet Users.

There is a growing trend among international human rights courts to specifically recognize access to information as part of the freedom of expression rights enshrined in several human rights conventions.

For example in 2006, both the European Court of Human Rights and the Inter-American Court of Human Rights ruled that access to information is protected by freedom of expression guarantees; and in Europe that right has been specifically extended to cyberspace.²

In conclusion, A2K@IGF would like to hear from speakers in Rio that will inspire the development of the Internet as a tool for providing access to knowledge and freedom for all citizens, regardless of national boundaries.

Thank you.

 

The purpose of the A2K@IGF Dynamic Coalition is to support and expand Access to Knowledge (A2K) and promote freedom of expression in the realm of information and communication technology.

Our coalition is particularly concerned about the impact that unbalanced intellectual property rights have on the Internet as a tool of free expression, innovation, education, and development. One focus of the coalition is setting methodologies or best practice norms for the implementation of laws dealing with Technological Protection Measures (TPM) and Digital Rights Management (DRM) restrictions, which have been shown to present serious impediments to access to knowledge and the free flow of information. Another focus is on coordinating participation and awareness of Access to Knowledge (A2K) activities at the World Intellectual Property Organization (WIPO), including proposals for a Development Agenda and an Access to Knowledge Treaty at WIPO. Another area of concern for our coalition is with increasing attempts to impose liability on third parties, particularly information providers, for the infringing activities of others.

A2K@IGF grew out of a workshop held in Athens and has subsequently established a work program, website, and mailing list to continue discussions. A2K@IGF Dynamic Coalition held its first offline meeting, an informal dinner during the Yale Law School’s 2nd Annual Conference on Access to Knowledge in April 2007.

A2K@IGF recommends that the IGF Advisory Group and Secretariat consider the following agenda items in preparation for the 2007 IGF meeting:

Build freedom of expression values into the laws and architectures that support online communication

The Internet was originally designed primarily for communication and educational purposes. Because of its early use, certain values were built into the architecture, or protocols and standards that run the networks that have become crucial to the success of the Internet. The ability to communicate across the globe without any intermediary’s interference, to seek out desired knowledge and freely associate with ideas and communities close to one’s heart are at the core of what makes the Internet such a powerful tool for development, for both individuals and nations. These specific early infrastructural design choices remain key to the Internet’s contribution as a global resource for knowledge and development. We can bridge the gap in the digital divide by continuing to design the Internet with these ends in mind, and implement technical protocols and public policy choices that encourage the Internet as a tool of unencumbered free expression and access to knowledge. If we choose anything other than an “Internet for Development”, we are building a wall that serves to widen the gap between those with a wealth of information at their fingertips and those starved for knowledge.

A2K@IGF supports the statement by Sir Tim Berners-Lee before the 2007 US Congressional Sub-Committee on Telecommunications and the Internet and his policy recommendation for “Universal Linking: Anyone can connect to anyone, any page can link to any page:” ¹

“The universality and flexibility of the Web’s linking architecture has a unique capacity to break down boundaries of distance, language, and domains of knowledge. These traditional barriers fall away because the cost and complexity of a link is unaffected by most boundaries that divide other media.… The Web takes this openness one step further and enables a continually evolving set of new services that combine information at a global scale previously not possible. This universality has been the key enabler of innovation on the Web and will continue to be so in the future.”

Encourage open, innovative, and non-proprietary development models for building knowledge and wealth

A2K@IGF recognizes the importance of the Internet as an incubator for innovative new business models that may not have been possible in the offline world. As the power of Internet grows, the essential tools and businesses integrated with public domain resources become increasingly important for fostering innovation and wealth in undeveloped communities.

The implementation of open technical protocols that allow an unrestricted ability to build upon existing networks and create new innovations has also been key to the Internet’s success. IGF should encourage the use of open technical protocols, free of restrictions imposed by intellectual property interests that hamper the ability of the Net to connect people and ideas together.

The spread of free and open source software has led to the creation of robust and commercially successful operating systems such as Linux. And future technologies promise to provide additional non-proprietary solutions at an even more affordable and efficient rate. These non-traditional innovations promote cultural exchange and diversity, and free-up scarce resources for other more basic needs. The social and political value of online discussion forums, web logs or “blogs” and other peer-to-peer (P2P) communication tools are beyond question. The global Internet community would benefit from further discussion and consideration on the development of new technological tools that protect the Internet as a backbone of the information super-highway and provide innovative ways to exchange and preserve the public domain.

Creative works licensed under a Creative Commons license and other types of “open content”, which permit greater sharing and incorporation into future developments than traditional media outlets allow, have significantly increased the availability of online educational and cultural resources. IGF presents a unique opportunity to explore the success of these models and encourage their expansion into new areas and communities.

Civil Liberties should be a broadly considered “Cross-Cutting” issue at the 2007 IGF meeting in Rio

Given the importance that basic human rights such as freedom of expression, education, communication, scientific inquiry, access to information, privacy, freedom of association, and anonymity play in the development of humanity, the civil liberties implications of every topic addressed in Rio should be considered to provide a more complete picture of the policy issues.

Respect for civil liberties should be considered a cross-cutting issue in all of the activities undertaken at Rio, since positive development of the Internet is dependent upon respect for the basic human rights of all individual Internet Users.

Create awareness among the Internet users about their own rights regarding access to public domain knowledge and information resources made available by online libraries and educational institutions.

The Internet revives the hope of the ancient Library of Alexandria – if managed properly, it will create a global public resource for universal education. But if managed for the benefit of only politically-connected industries or out-dated business models, we will lose this opportunity to build a strong and robust public domain of shared knowledge.

There is a growing trend among international human rights courts to specifically recognize access to information as part of the freedom of expression rights enshrined in several human rights conventions. For example in 2006, both the European Court of Human Rights and the Inter-American Court of Human Rights ruled that access to information is protected by freedom of expression guarantees; and in Europe that right has been specifically extended to cyberspace.² A2K@IGF would like to hear from speakers at IGF Rio that will inspire the development of the Internet as a tool for providing access to knowledge and freedom for all citizens, regardless of national boundaries.

Forward-thinking companies such as the British Broadcasting Corporation (BBC) have begun to make recordings and other valuable information available for free to citizens via the Internet. Technology-savvy librarians at the Internet Archive have been posting public domain books, recordings, and images on the Internet for public download for years. Project Guttenberg makes public domain films and other video available for free over the Internet as part of its cultural archiving mission.

Without a shared recognition that the public domain enriches everyone and creates value for society, information policy cannot evolve to address the opportunities the cyberspace presents. The Internet Governance Forum should address the status of the public domain as it explores how the Internet can be maximized as tool for access to knowledge and as an “Internet for Development”. It can also provide a platform to raise awareness on the role of the Internet to provide universal access to a robust public domain of knowledge and culture.

For more information on A2K@IGF:
A2K@IGF maintains a website at:
http://www.a2k-igf.org

A2K@IGF maintains an open mailing list at:
http://mailman.ipjustice.org/listinfo/a2k-igf

—————–
Notes:
1. Sir Timothy Berners-Lee’s US Congressional testimony from 1 March 2007 is available online at: http://dig.csail.mit.edu/2007/03/01-ushouse-future-of-the-web.html

2. See: “Access to State Held Information as a Fundamental Right under the European Convention on Human Rights” by Wouter Hins and Dirk Voorhoof, European Constitutional Law Review, 3: 114–126, 2007. .pdf - Website EuConst

I’m just back from a beautiful weekend at Yale University where the Law School held its 2nd Access to Knowledge (A2K2) Conference. The meeting facilitated an important discussion among global civil society, representatives from business, and governmental officials from several countries. I spoke on the panel about the role of Search Engines in providing access to knowledge and my talk focused on the legal and policy issues for search engines - here are my slides.

Yale Law School’s Information Society Project has done an amazing job in recent years of organizing conferences related to Internet and intellectual property law and policy, including the 2006 A2K Conference.

This year’s A2K2 Conference at Yale included dynamic speakers like Nenna Nwakanma who spoke about the African experience with ICT and development. Founder and leader of the Internet Archive Brewster Kahle, Argentine Economist / Law Professor Carlos Correa, and Richard Owens from the World Intellectual Property Organization (WIPO) also participated in the discussion. Other terrific speakers included Director of the Center for Technology & Society in Rio de Janeiro Ronaldo Lemos, Sisule Musungu from the World Trade Institute, BBC’s Creative Archive Director Paul Gerhardt, and Yale Law School’s own Yochai Benkler. See also Yale Law School Professor Jack Balkin’s opening remarks.

Yale ISP’s A2K2 Conference also provided an opportunity for the UN Internet Governance Forum (IGF) Dynamic Coalition on Access to Knowledge and Free Expression (A2K@IGF) to hold an informal dinner on Saturday night. Thanks to Intel’s Brad Biddle for generously picking up the tab on the A2k@IGF dinner, and to Yale ISP’s Laura deNardis for organizing the fun event!

The A2K2 wiki contains articles, slides, and presentations, and Robert Guerra snapped some nice photos over the weekend.

Here are some photos from the A2K@IGF Dynamic Coalition dinner at Yale:

Thank you, Mr. Chairman. I speak on behalf of A2K@IGF, which is a multi-stakeholder Dynamic Coalition consisting of NGOs, business, and governments working together to promote access to knowledge and freedom of expression on the Internet.

A2K@IGF grew out of a workshop held in Athens and has subsequently established a work program, website, and mailing list to continue discussions. Our coalition is particularly concerned about the impact that unbalanced intellectual property rights have on the Internet as a tool of free expression, education, and development.

A2K@IGF will coordinate participation and awareness of Access to Knowledge (A2K) activities at the World Intellectual Property Organization (WIPO), including proposals for a Development Agenda and an Access to Knowledge Treaty at WIPO.

One focus of the coalition is setting methodologies or best practice norms for the implementation of laws dealing with Technological Protection Measures (TPM) and Digital Rights Management (DRM) restrictions, which have been shown to present serious impediments to access to knowledge and the free flow of information.

An important goal of our coalition is to make recommendations for implementation of the anti-circumvention provisions contained in the 1996 WIPO “Internet Treaties” and more recent bi-lateral trade agreements. Therefore key deliverables will be the development of “best practice norms” for DRM technologies and anti-circumvention laws and report our progress at the 2007 IGF meeting in Rio de Janeiro.

A2K@IGF recommends that IGF retain a main theme of “Openness” as it continues to provide a global forum for an exploration of Internet governance issues. It is the openness of the Internet in terms of quality and standards that has made it an unrivaled tool for promoting access to knowledge, free expression, development, and creativity.

Everyone with these shared goals is welcome to join this coalition to work with us on these projects. Please check the A2K@IGF Dynamic Coalition website at http://www.a2k-igf.org and join the mailing list for further participation. Thank you.

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