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Dear Manila Principles community,<br>
<br>
As we have been foreshadowing for a while, the core team behind the
original Manila Principles initiative have been working on a draft
for a supplementary text, which complements paragraphs 3(d) and (e)
of the Principles.[0] The new text is a template for a notice that
should be sent to users when someone complains about their content
and seeks its restriction. The impetus for this work was that many
of the notices being sent to users by intermediaries are incomplete
or inaccurate, and have the effect of scaring users rather than
assisting them.<br>
<br>
The template is flexible enough to encompass various types of
liability regime, including those that are non-compliant with the
Manila Principles such as notice and action regimes (for which the
notice serves to inform the user of whatever counter-notice or
appeals mechanisms exist), as well as those that are potentially
compliant, such as a Canadian-style notice and notice regime.<br>
<br>
We invite your comments on the general approach taken in the draft,
and on the current text. Editable versions are attached, and a
Google Doc version is below:<br>
<br>
<a class="moz-txt-link-freetext" href="https://docs.google.com/document/d/1tEDj0XlqlRCRLouEKO1q7U6wixSf9qxemdKlwN_Gqvw/edit?usp=sharing">https://docs.google.com/document/d/1tEDj0XlqlRCRLouEKO1q7U6wixSf9qxemdKlwN_Gqvw/edit?usp=sharing</a><br>
<br>
For this initial round of comments, we ask for you to respond within
30 days. Once initial comments are in, we will then set a timetable
for the revisions that we need to make, and release a further
draft. Once the text has been finalised, we also plan to explore
ways of presenting it in an interactive questionnaire-type format
that will make it more user friendly to read and to complete. So,
please bear this in mind if your comments would be that the form is
"too confusing" - it will be less confusing in its final format.<br>
<br>
If you have any questions or comments, please feel free to raise
them on the list or with myself or any other Manila Principles
steering committee member. Many thanks for your input and support.<br>
<br>
---<br>
<br>
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[0] (d) Intermediaries who host content may be required by law to
respond to content restriction requests pertaining to unlawful
content by either forwarding lawful and compliant requests to the
user content provider, or by notifying the complainant of the reason
it is not possible to do so (‘notice and notice’). Intermediaries
should not be required to ensure they have the capacity to identify
users.<br>
<br>
(e) When forwarding the request, the intermediary must provide a
clear and accessible explanation of the user content provider’s
rights, including in all cases where the intermediary is compelled
by law to restrict the content a description of any available
counter-notice or appeal mechanisms<br>
<br>
<pre class="moz-signature" cols="72">--
Jeremy Malcolm
Senior Global Policy Analyst
Electronic Frontier Foundation
<a class="moz-txt-link-freetext" href="https://eff.org">https://eff.org</a>
<a class="moz-txt-link-abbreviated" href="mailto:jmalcolm@eff.org">jmalcolm@eff.org</a>
Tel: 415.436.9333 ext 161
:: Defending Your Rights in the Digital World ::
Public key: <a class="moz-txt-link-freetext" href="https://www.eff.org/files/2014/10/09/key_jmalcolm.txt">https://www.eff.org/files/2014/10/09/key_jmalcolm.txt</a>
PGP fingerprint: FF13 C2E9 F9C3 DF54 7C4F EAC1 F675 AAE2 D2AB 2220
OTR fingerprint: 26EE FD85 3740 8228 9460 49A8 536F BCD2 536F A5BD
Learn how to encrypt your email with the Email Self Defense guide:
<a class="moz-txt-link-freetext" href="https://emailselfdefense.fsf.org/en">https://emailselfdefense.fsf.org/en</a></pre>
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