[Manila Principles] Manila Principles draft 0.98 and background paper released

[Katitza Rodriguez]

Dear Reagan,

Thanks for your note. Jumping onto my issue area:

>> 
>> On principle II, point I.c. raises serious concerns regarding the right to privacy and the rights to anonymous and pseudonymous expression.  Any obligation for intermediaries to identify content providers put these rights at risk and would have a chilling effect on freedom of expression. These rights are also necessary to protect the digital and physical security of users at risk around the world. Intermediaries should not be liable for the identification of the content provider if the identification would lead to a restriction of the right to privacy or the establishment of policies that undermine the ability to use platforms anonymously or pseudonymously, such as real-name policies.



This one is easy to fix. Canadians had to deal with it in their notice-to-notice regime:

II.
c.    Intermediaries who host content may be required by law to respond to notices by either forwarding compliant requests for content restriction received from complainants, and content restriction orders received by governments, to the user content provider, or by notifying the sender why it is not possible to do so.

Or:

c.    Intermediaries who host content may be required by law to forward compliant requests for content restriction received from complainants, and content restriction orders received by governments, to the user content provider, but not to develop any new capacity to identify customers.


From EFF perspective, we always need due process before disclosure of identity of anonymous speaker with the need to redress wrongs;
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