Digital Rights + Internet Governance + Innovation Policy

2007 USTR Report on Trade Policy Agenda and TRIPS

"...The Transitional Review Mechanism under Section 18 of the Protocol on the Accession of the People’s Republic of China has been an important means to raise concerns about China’s implementation of the TRIPS Agreement. This process has been instrumental in helping to understand the levels of protection of intellectual property rights in China, and provides a forum for addressing the concerns of U.S. interests in this process. The United States has been active in seeking answers to questions on a wide range of intellectual property matters and in raising concerns about enforcement of intellectual property rights. The United States also continued to seek satisfactory responses to a formal request submitted to China in October 2005 seeking additional enforcement-related information pursuant to Article 63.3 of the TRIPS Agreement. During 2006, the TRIPS Council undertook reviews of the implementing legislation of Congo and Qatar, in addition to the above-referenced review of China. ..."

ICANN Government Advisory Committee (GAC) Principles for New GTLDs

"The purpose of this document is to identify a set of general public policy principles related to the introduction, delegation and operation of new generic top level domains (gTLDs). They are intended to inform the ICANN Board of the views of the GAC regarding public policy issues concerning new gTLDs and to respond to the provisions in the World Summit on the Information Society (WSIS) process ...."

ICANN New gTLD Policy Up for Debate in Lisbon: Censorship and National Sovereignty at Issue

One of the most hotly contested issues at ICANN is the current draft proposal regarding the introduction of new generic top-level domains (gTLDs) and its impact on free expression and national sovereignty. While the latest draft proposal would no longer allow a single country to block a new gTLD string application for non-technical reasons, it would allow any group of nations to block an application for a new top-level domain for non-technical reasons. The proposed gTLD policy is still a recipe for censorship and an attack on national sovereignty. Why should the restrictions in one country be imposed upon citizens of another country? No one has even attempted to provide a justification for that.

Sample Letter to Govt Advisory Committee (GAC) Member on Proposed New gTLD Policy

I am writing to you because I am concerned about the GNSO draft final report on the Introduction of New Generic Top-Level Domains, GNSO PDP-Dec05, released 16 March 2007. This proposal contains several troubling provisions involving criteria and processes to select which text strings will be accepted as new gTLDs. These provisions will threaten the national sovereignty of individual nations by allowing other countries to block new gTLD strings that are perfectly lawful in another country.

Sample Letter to ICANN Board Member on Proposal for New gTLDs

I am writing to you because I am concerned about the GNSO draft final report on the Introduction of New Generic Top-Level Domains, GNSO PDP-Dec05, released 16 March 2007. The policy proposal contains several troubling provisions involving criteria and processes to select which text strings will be accepted as new gTLDs. If accepted, the policy will create an enormous work-load burden and legal liability for ICANN in order to decide which new gTLDs to accept. It is also a recipe for censorship since it would give GAC power to prevent strings for non-technical reasons.

“Please, Keep the Core Neutral” – By Michael Palage and Avri Doria

"... Instead of specifying the number of governments to meet a required threshold that can block a potential TLD applicant from being added to the root, the new standard should be that any applicant operating properly under the laws of the country in which it is organized should be subject only to ICANN’s technical, operational and other criteria. Assuming the basic TLD application criteria and processes are met, the TLD should be added to the root. ..."

UNESCO Report on “Ethical Implications of Emerging Technologies: A Survey”

"The report further aims at alerting UNESCO’s Member States and partners to the increasing power and presence of emerging technologies and draws attention to their potential to affect the exercise of basic human rights. Perhaps as its most salient deduction, the study signals that these days all decision makers, developers, the corporate scholar and users are entrusted with a profound responsibility with respect to technological developments and their impact on the future orientation of knowledge societies. It is our hope that this study will impress upon the policy makers, community, producers and users the need to carefully observe evolutions in ICTs – and, by so doing, to comprehend the ethical and moral consequences of technological choices on human rights in the Knowledge Societies. ..."

EU Weighs Copyright Law (PCWorld)

Companies from across IT face criminal sanctions, including prison time for employees, if their networks, software programs or online services are ever used to carry illegally copied material such as music or film, according to a draft law from the European Commission supported Tuesday by a committee of the European Parliament. ...

Broadcasters Challenge US Streaming Rules (AP)

Radio Stations and Online Broadcasters Challenge Copyright Ruling on Internet Royalties -- A wide array of broadcasters and online companies on Monday challenged a ruling from a panel of copyright judges that they say could cripple the emerging business of offering music broadcasts over the Internet. Clear Channel Communications Inc., National Public Radio, and groups representing both large and small companies providing music broadcasts online were among those asking the Copyright Royalty Board to reconsider key parts of its March 2 ruling. That ruling, the challenging parties say, would greatly increase the amount of royalties that online music broadcasters would have to pay to record labels and performers as well as put unreasonable demands on them to track how many songs were listened to by exactly how many individuals online.

The Basic Principles of TRIPS (IPR HelpDesk)

There are two principles that influence the interpretation and application of TRIPS and that must be mentioned here: the principle of national treatment and the most favoured nation principle.

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