Freedom of Expression in the Information Society : Some Current Issues

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Freedom of Expression in the Information Society
Some Current Issues Development

• Dr. A.K. Chakravarti
• Adviser
• Department of Information Technology
• Ministry of Communications Information
  Technology
• Government of India
• Web http//www.mit.gov.in
• E-mail achakravarti_at_mit.gov.in
• International Symposium on Freedom of Expression
  in the Information Society, Paris, Nov 15-16,
  2002
• Views expressed are in individual capacity

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Freedom of Expression in the Information Society
Some Current Issues Developments

• Contents
• Post 9/11 Developments
• Agenda for Development for Developing Countries
• Ethical Issues and Freedom of Expression
• Protecting Collective Societal Rights
• Internet Sanitization
• Legal Standards in Cyberspace
• Technologies Methodologies for Implementing
  Legal Framework Capability Building
• Best Practices Studies

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Post 9/11 developments Recap

• Several national governments through legislation
  acquiring legal rights to monitor and carry-out
  surveillance of the Internet and e-mail and to
  deal with cybercrimes.
• Cyberspace/Internet. Part of the real world

Initiative taken by some of those countries
known for freedom of expression
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Post 9/11 developments Recap

• European Convention on Cybercrime
• A Step towards International Convention on
  Cybercrime -
• Amongst others, USA, Canada, Japan signed

Not yet any global framework involving UN agencies
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Issues related to defining new ethical, legal and
technical standards in Cyberspace to guarantee
the preservation of freedom of expression and the
protection of

• Human dignity, children rights, privacy, human
  rights in general
• Network security, collective rights and
  democratic values?

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Agenda for Development for developing countries

• Use ICT as Tools for National Development
  e-governance, e-learning, e-business etc.
• Enhance e-readiness reduce digital divide
• Use ICT to increase the participation in global
  economy
• Increase positive impact of Internet and reduce
  the harmful/negative elements as viewed by
  Society
• Put in place Tools of Confidence for
  participation in Information Society
• Legal Framework
• Technologies, tools, methodologies and
  wherewithal for implementation of legal framework
• E-security

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Ethical Issues and Freedom of Expression

• Concept of Obscenity - differs from country to
  country
• Child pornography - put in place best legal and
  technical set-up - to stop it - global consensus.
  But, how about pornography per se?
• Online Gambling

A minimum common action plan to guard
societal sensitivity in Information Society to be
put in place.
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Protecting Collective Societal Rights

• Traditional Knowledge and IP
• How to help protect or promote traditional
  knowledge, biodiversity and cultural expressions?
• Indian experience Turmeric, Basmati, Neem etc.
• Prior art search and other societal evidence

Traditional Knowledge Digital Library (TKDL) -
Launch December 2002
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Internet Sanitization

• Certain acts/expression which may not exactly be
  illegal (as per the law of the land today) but do
  not conform to decency norms of the Society
• Example
• Spamming
• Cyberstalking
• Harmful effects on Minors
• (http//netsafety.nic.in)

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Internet Sanitization Approaches

• Self -regulation
• Code of conduct
• Guidance/Guidelines
• Technology tools
• Eventually towards legal remedy

Is Standards setting at Global level possible?
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Legal Standards in Cyberspace

• Nations laws as applicable
• For E-Commerce, various countries have enacted
  Laws drawing upon UNICTRAL Model Law on
  E-Commerce and subsequently Model Law on
  Electronic Signature
• IPR issues - TRIPS and WIPO (WCT and WPPT)
  Treaties

Global Standards in present context?
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Technologies Methodologies for Implementing
Legal Framework Capability Building

• Tools for Confidence in Network Society
• Monitoring Internet Traffic
• Cyber Forensic
• Rights Management System etc.

National capabilities building, international
tie-up and towards harmonisation
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Best Practices Studies

• Study tools, methodologies, technologies,
  policies, social and legal challenges in the
  world on a continuous basis
• Things are still evolving

Share the knowledge on global basis to identify
best practices, wherewithal to implement these -
across the world.
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Freedom of Expression in the Information Society

• To sum-up, issues covered
• Post 9/11 developments.
• Agenda for Development for developing countries
• Ethical issues and Freedom of Expression
• Protecting Collective Societal Rights
• Internet Sanitization
• Legal Standards in Cyberspace
• Technologies Methodologies for Implementing
  Legal Framework Capability Building
• Best Practices Studies

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Thank You