[Manila Principles] Manila Principles Introductory Web Conference Notes and Next Steps

Jyoti Panday jyoti at cis-india.org
Mon Dec 22 05:51:49 PST 2014


Dear All,

Thank you for your interest in the Manila Principles project and for
taking out the time to join the introductory web conference.

Apologies are due to some of you who may have been trying to connect and
were unable to do so. Unfortunately, due to a technical difficulty the
number of participants on the call was limited to just a few. We truly
regret the inconvenience this may have caused you. Please see a brief
summary of the call for your reference below:

Jeremy Malcolm began with an Introduction to the Manila Principles
project, highlighting that this is a civil society initiative aimed at
guiding  the development of intermediary liability regimes and content
restriction practices.
The principles are structured high level framework to aimed at both
governments and private sector as both are critical towards developing a
balanced regulatory framework. The steering committee members  was
introduced and their role in developing the principles clarified.
Elonnai Hickok went through the Principles including the sub principles
and rationale for including safeguards. The background paper and topics
included were also highlighted.
Jyoti Panday introduced the scope and methodology for the jurisdictional
analysis which will be a phased comparative study - initially covering
India, UK and USA and in the second phase the jurisdictions will be
expanded to include Argentina, Canada, Chile, Kenya and South Korea.

One of the main issue raised by community members on the conference
included the definition of intermediary liability, specifically ensuring
that it is clear that we are seeking exemption from liability only in
context of third party content. Andrew Bridges pointed to two
initiatives aimed at regulating liability of intermediaries and stressed
the need for these principles to evolve as counter intuitive initiative
to these calls for increased regulation.

A white paper developed by the American Bar Association-A Section White
Paper: A Call for Action for Online Piracy and Counterfeiting
Legislation available here:
http://www.americanbar.org/content/dam/aba/administrative/intellectual_property_law/advocacy/ABASectionWhitePaperACallForActionCompositetosize.authcheckdam.pdf

Business Action to Stop Counterfeiting and Piracy (BASCAP) 120 page
manifesto against intermediaries that eBay, Yahoo, Google have strongly
criticized. This document cannot be shared due to embargo though we will
try and source this or share highlights on the mailing list soon.

Many you have already been commenting and adding your suggestions to the
documents and we would like to thank you for your support. We would also
urge others to add in their comments and feedback in the documents that
can be found online here:

 https://docs.google.com/document/d/1kAkqgt3cRb65d8ik6vWYgpk6DYpP8ABA43ljgDiGOf8/edit
<https://docs.google.com/document/d/1kAkqgt3cRb65d8ik6vWYgpk6DYpP8ABA43ljgDiGOf8/edit>
(the Manila Principles)
 https://docs.google.com/document/d/1QfxH1jX_ewfB8TV5iQBSloyttjwaMP47nwblMzN4Hg4/edit
https://docs.google.com/document/d/1QfxH1jX_ewfB8TV5iQBSloyttjwaMP47nwblMzN4Hg4/edit>
(the Background Paper)

For others, who may not be able to access Google docs please write in to
us and we will share a word version that you may add your comments to
and share them with us on the Manila principles mailing list that you
have been subscribed to.

We aim to launch the principles prior to Rights Con at Manila and have
blocked 22nd and 23rd March 2015 as potential launch dates. We are
welcoming proposals for presentations for the March meeting and we will
share a detailed email on this with you shortly.

EFF has some funds for travel to the two day meeting at Manila and
interested members from the community especially from developing
countries. Registration and funding support applications will be opened
next year.

Tentative Timeline

15th Dec 2014- 15th Feb 2015 - Principles and Background Paper  open for
comments
Jan 2015 - Call for proposals for presentations at the launch of the
Manila principles
Jan/Feb - Application process for travel assistance for launch meeting
Jan/Feb - Website for Principles
15th Feb - 15th March - Redrafting and updating final version of the
principles
22nd - 23rd March 2015 - Launch of the Manila Principles

Once again thank you for support and commitment to these principles and
we look forward to engaging and interacting with you over the text of
the Principles over the next months. Please feel free to reach out to us
for any further clarification.

Sincerely,

Jyoti Panday





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