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

Raegan MacDonald raegan at accessnow.org
Mon Feb 16 04:04:54 PST 2015

On 13 February 2015 at 20:47, Jeremy Malcolm <jmalcolm at eff.org> wrote:

>  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.

Thank you, Jeremy. We will then wait for the revised document that
incorporates all the comments received so far before sending our detailed


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> Jeremy Malcolm
> Senior Global Policy Analyst
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*Raegan MacDonald*
European Policy Manager
Access | accessnow.org <https://www.AccessNow.org/>

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