[Manila Principles] Seeking your inputs on proposal to restructure the document

Jeremy Malcolm jmalcolm at eff.org
Fri Feb 13 11:47:14 PST 2015

On 13/02/2015 10:31 am, Raegan MacDonald wrote:
> Thank you Jyoti, Jeremy and everyone who has put in so much work to
> kick start this ambitious initiative to come up with global principles
> on the complicated issue of intermediary liability. The split in the
> document on best practices and high level principles may provide
> needed precision.

Thanks—does anyone else have any comments on this structural point? 
Although most people were in favour, I have had at least two people
express reservations about dividing the document.  However because these
comments were made off-list, there has not been a useful on-list
discussion about the pros and cons.

> However there is a further need to address the various instances where
> intermediary liability/voluntary actions may come into play. E.g. the
> blocking of:
>   * criminal content by judicial order;
>   * voluntary blocking of allegedly criminal content;
>   * alleged civil infringements;
> as well as takedowns in relation to the above, and blocking/takedowns
> that is not alleged to be either criminal or civil infringements.
> I regret to say that the document requires a significant amount of
> work, and we are not in a position to submit comments in the short
> time frame that has been suggested. We would like to request that the
> deadline be extended.

You are quite right, however it does seem that all of the areas of
contention have been fully identified during this current comment
period, which ends on Sunday, and with an intensive period of work by
the steering committee I think that we can endeavour to providing a
fresh draft for comment within the following week.  It is increasingly
difficult for people to usefully comment on the current draft, due to
the large number of comments and amendments.  A fresh draft that
consolidates all the comments, and includes suggested resolutions to
disputed issues, will make this much easier.

If we are able to provide a new revision for comment within a week, that
will still allow one month for work on the paper before the Manila
Principles meeting.

Jeremy Malcolm
Senior Global Policy Analyst
Electronic Frontier Foundation
jmalcolm at eff.org

Tel: 415.436.9333 ext 161

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