IGF 2021 WS #258 A common “Bill of digital Human Rights and Responsibilities”

Time
Friday, 10th December, 2021 (11:00 UTC) - Friday, 10th December, 2021 (12:00 UTC)
Room
Ballroom B

Organizer 1: Bruna Santos , Data Privacy Brasil Research Association
Organizer 2: Lori Schulman, INTA
Organizer 3: Thaís Helena Carneiro Barros Aguiar, Data Privacy Brasil Research Association

Speaker 1: Klaus Stoll, Technical Community, Western European and Others Group (WEOG)
Speaker 2: Bruna Santos , Civil Society, Latin American and Caribbean Group (GRULAC)
Speaker 3: Sam Lanfranco, Technical Community, Western European and Others Group (WEOG)
Speaker 4: Farzaneh Badii, Civil Society, Asia-Pacific Group

Moderator

Lori Schulman, Private Sector, Western European and Others Group (WEOG)

Online Moderator

Lori Schulman, Private Sector, Western European and Others Group (WEOG)

Rapporteur

Thaís Helena Carneiro Barros Aguiar, Civil Society, Latin American and Caribbean Group (GRULAC)

Format

Round Table - Circle - 60 Min

Policy Question(s)

Digital policy and human rights frameworks: What is the relationship between digital policy and development and the established international frameworks for civil and political rights as set out in the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights and further interpretation of these in the online context provided by various resolutions of the Human Rights Council? How do policy makers and other stakeholders effectively connect these global instruments and interpretations to national contexts? What is the role of different local, national, regional and international stakeholders in achieving digital inclusion that meets the requirements of users in all communities?

Digital technologies make the world truly global, and that requires fundamental universal human values that transcend our differences. They require common principles and values that describe and preserve our digital and literal dignity under ever changing circumstances. The series has demonstrated that the UDHR can be used for guidance in building the necessary structures of Digital Governance. Adherence to those principles can enable us to live with digital integrity and in harmony within our residency in cyberspace. Adherence is the guarantor of sound digital governance. Governance requires a common set of values that are expressed as a charter and/or constitution, and upon on which respective governance mechanisms get established. The series concludes with a “Draft Principles of a Digital Governance Bill of Rights and Responsibilities”, (DGBRR), document, that provides a starting point and basis for the creation of a universally accepted DGBRR. The goal is that people come to a point where global digital citizens express proclaim “We hold these truths to be self-evident” regarding the rights and duties of their digital citizenship, and we wish to see them embedded in Internet Governance.

SDGs

9. Industry, Innovation and Infrastructure

Targets: This is a session that speaks directly with possible enhancements and the evolution of Internet Governance Institutions and discussions. We believe in the codification of a set of principles and responsibilities in order to safeguard users' privacy, possible social media effects in our democracy as well as our security. Additionally, it would be relevant for such a process to help reemphasize previous achievement and multistakeholder processes around the world and Internet Governance such as the WSIS Agenda, the Contract for the Web, the Universal Declaration of Human Rights and the Roadmap for Digital Cooperation, among many others.

Description:

The online world needs to be safe, empowering and adopt a rights-based approach. For that, it's more and more important for companies, states, civil society and academia to further discuss why the Internet is relevant as a global resource and what needs to be done in order to preserve its open nature. We believe in the codification of a set of principles and responsibilities in order to safeguard users' privacy, possible social media effects in our democracy as well as our security. Additionally, it would be relevant for such a process to help reemphasize previous achievement and multistakeholder processes around the world and Internet Governance such as the WSIS Agenda, the Contract for the Web, the Universal Declaration of Human Rights and the Roadmap for Digital Cooperation, among many others. Thinking about the brazilian experience of developing a bill of rights responsible for acknowledging users rights and companies obligations (the Brazilian Civil Rights Framework for the Internet), such a document was also relevant for allowing more transparency and accountability in the provision of access and ensuring the exercise of fundamental rights.

On that note, this present workshop submission will take a look into the past to assess the possibility of discussing a new common ”Bill of digital Human Rights and Responsibilities” and, therefore, panelists will be asked the following questions by the moderator:

a. Why do we need a digital bill of rights and responsibilities? b. How can we bring about a rough consensus on the content and values of a DGBRR? c. How can we implement the values of the DGBRR and use it to support and reform existing IG structures? d. What is the role of the different stakeholders in upholding such values on the defense of an improved online environment and enhance IG institutions missions?

The digital rights and responsibilities set by the bill, besides being the very values to be preserved, would also encompass the guiding principles to assess stakeholders efforts to preserve them, thus bringing parameters to measure the effectiveness of stakeholders initiatives and coordination. Using the example of capacity building and research in the third sector, and cooperation within stakeholders, we want to discuss with panelists and attendees whether a common “Bill of digital Human Rights and Responsibilities” is indeed the next landmark for digital governance.

Expected Outcomes

Human Rights based national and global digital Governance requires a refocus and reorientation of all involved: 1. Governments and UN will learn how to respect the legitimacy of global digital citizenship above and beyond national citizenship. Global digital citizenship does not challenge the sovereignty of national governments. It provides Governments with the tools necessary for participation in the global protection of its citizens in the digital age. 2. The private sector will learn to value and use fundamental human rights in the pursuit of integrity and digital business practices, as without they will have no future in the digital marketplaces of tomorrow. They will have to “walk the talk” and be accountable in the mind of the public if they wish to be sustainable and prosperous. 3. All People will be helped to understand, through knowledge sharing, dialogue, and engagement, that they are not just users and customers of digital technologies but as global digital citizens with a residence in the global Internet ecosystem they have a duty and an obligation to become engaged as digital citizens in the cyberspaces of the Internet ecosystem, commencing engagement from the moment one is capable of measured and deliberate action. 4. The most important outcome of the panel/workshop is the support of Peace. Peace with integrity and respect for human rights is the fundamental requirement for stable and just governance, private sector prosperity and humanity’s freedom from fear and want. Its realization is the guarantor of our future.

In order to enable a fair and open discussion whether a common “Bill of digital Human Rights and Responsibilities” is indeed the next frontier for digital governance, the session moderator will start the session by frame the discussion with brief introductory remarks. After that, the proposed workshop will be divided into two parts of speakers' interventions followed by third block of audience interventions - to allow the audience to bring their views and inputs to the session. Another important factor to encourage interaction was the selected session format - roundtable, circle - in order to avoid any sort of hierarchy among speakers and attendees and in order to have a more frank and open conversation on the proposed subject.

Online Participation

Usage of IGF Official Tool. Additional Tools proposed: Mentimeter as a tool to make the session more interactive and conduct attendees input over the course of the speakers interventions.

Key Takeaways (* deadline 2 hours after session)

The UDHR represents the fundamental human values that are common to us all. We now need further discussion on building trust and integrity in digital policies; address systemic issues, not only symptomatic problems; strengthen stakeholder education; rethink business models to encompass HR developments; focus on the notion of responsibilities.

Roles and benefits of a digital Bill of Rights and responsibilities: empowering citizens, allowing for the exercise of rights and responsibilities in cyberspace; protect those subject to digital technologies against governmental and private sector arbitrariness and despotism. It claims to rebuild trust, the foundation of economic, social stability and development in cyberspace. In this sense, responsibilities are a source of economic development

Call to Action (* deadline 2 hours after session)

The history of Internet developments has been shaped by curiosity. In order to encompass responsibilities and human rights and avoid undesirable scenarios, stakeholders have to move from the mindset "can we do it" to "should we do it". In this sense, the private sector should rethink business models.

Legislators and policy makers should pay attention to issues to electronic identity verification processes and challenges from decision making in online dispute resolution. This process has to consider to privacy as well as other important aspects of the discussion of rights on the Internet. Intermediary liability also has to be addressed to promote trust and integrity in digital policies.

Session Report (* deadline Monday 20 December) - click on the ? symbol for instructions

IGF 2021 - WS 258 - SESSION REPORT

IGF 2021 WS #258 A common “Bill of digital Human Rights and Responsibilities”



● Findings

○ As we live in a duality - our existence in the literal world and in cyberspace -, we

find ourselves torn between the increasing impact of technology in our lives and our

lack of control over them. We live in a time of digital colonialism that opens a path

for digital servitude and exploitation.

○ Special interests can and not rarely overcome the common good in digital

governance. Thus, the role of a Bill of Rights is to remind those with power to pay

attention to the fundamental rights of those that are subject to that power.

○ Roles and benefits of a digital Bill of Rights and responsibilities

■ fundamental function of empowering citizens - allow for the exercise of rights

and responsibilities in cyberspace

■ can protect those subject to digital technologies against governmental and

private sector arbitrariness and despotism.

○ Trust is the foundation of economic and social stability and development in

cyberspace. Defining responsibilities can be seen as a source of economic

development.

○ To transform the values of the Bill of Rights into experienced reality requires

ongoing awareness and capacity building, stakeholder engagement, integrity-based

business models and legitimate digital governmental structures.

○ A lot of the focus has been ‘what is done with your data online’ - this is an important

part of the conversation, privacy questions, but not the whole discussion

○ Invites to all participants:

■ check previous session co-hosted by CircleID:

https://www.youtube.com/watch?v=2SRgkC49aJc

■ Journal PoliTICs - analysis by Klaus Stoll & Sam Lanfranco on the UDHR and

digital rights, in Brazilian Portuguese, in two parts:



https://politics.org.br/edicoes/declara%C3%A7%C3%A3o-univ

ersal-dos-direitos-humanos-na-era-digital



https://politics.org.br/edicoes/declara%C3%A7%C3%A3o-univ

ersal-dos-direitos-humanos-na-era-digital-parte-2

■ Check WIPO UDRP Program

■ Continue the session discussion in the open forum organized by CircleID:



● Areas of agreement

○ The UDHR represents the fundamental human values that are common to us all.

Learnings and developments of the post war period were crucial to reach this point.

○ Respect for the fundamental human rights there is fundamental to true economic

development and sustainability.

○ Citizens do not fully understand and do not always know how to exercise their rights

in cyberspace

○ Trust in the digital environment must be restored.



● Consensus on how to further the discussion

○ questions to be answered:

■ What common values inform a digital bill of rights?

■ how to extend and apply our fundamental human rights in cyberspace?

■ how to build in algorithmic routines that observe the codified rights and

responsibilities of a digital Bill of Rights?

○ consider further discussion on business models and ecommerce

○ building trust and integrity in digital policies

○ address systemic issues, not only symptomatic problems

○ strengthen stakeholder education - we are not there yet

○ focus on the notion of responsibilities - they are mutual, not imposed by government

○ dealing with disputes in platforms is still a balckbox - who are decision makers, are

there aspect of this global trademarks system that can be applied, how is the

decision making process, how to arrive there

■ lessons learned: if we accept that there is a foundation need to address these

principles, we have several legal criteria that have to be met - both legal and

material

■ address transparency in digital transactions

○ Considering that the development of the internet has a history of having been

shaped by pure curiosity, we need to move away from the idea “can we do it” to

“should we do it”. This is more proactive - an HR are critical in these processes



● Areas of disagreement that need further discussion

○ the path for building trust: it requires values, but what would be those?

■ set of principle has to be negotiated - who are we aiming, talking to, how can

we better engage people and sectors in this bill of principles

○ Who will be the ones responsibles for the implementation of a bill of rights?

○ We have seen similar initiatives before - how can we make sure this will be the way

forward?

○ However important establishing values may be, we need a concrete path to

exercise rights and responsibilities in cyberspace - we need more focus on

implementation, since we seem to have reached a reasonable point of agreement

about UDHR principles

○ Using automation to address disputes in online platforms and ecommerce



● Call to action to one or more stakeholder groups

○ we need to define roles and responsibilities

■ Governments: share sovereignty in cyberspace;

■ legislators and policy makers: better address electronic identity verification

processes, liability

■ Private sector: accept that innovation comes with responsibilities