[A2k] Comment by CIS at ACE on Presentation on French Charter on the Fight against Cyber-Counterfeiting

Thirukumaran Balasubramaniam thiru at keionline.org
Thu Dec 1 04:05:58 PST 2011


Permalink: <http://goo.gl/86X7c>

# Comment by CIS at ACE on Presentation on French Charter on the Fight
against Cyber-Counterfeiting

Posted by Pranesh Prakash at Dec 01, 2011 07:58 PM | Permalink

Filed under: Access to Knowledge, Copyright, Privacy, Freedom of Speech
and Expression, Intellectual Property Rights, Piracy, Censorship, WIPO

The seventh session of the World Intellectual Property Organization's
Advisory Committee on Enforcement is being held in Geneva on November 30
and December 1, 2011. Pranesh Prakash responded to a presentation by
Prof. Pierre Sirinelli of the École de droit de la Sorbonne, Université
Paris 1 on 'The French Charter on the Fight against Cyber-Counterfeiting
of December 16, 2009' with this comment.

===

Thank you, Chair.  I speak on behalf of the Centre for Internet and
Society.  First, I would like to congratulate you on your re-election.

And I would like to congratulate Prof. Sirenelli on his excellent
presentation.

I would like to flag a few points, though:

*    One of the benefits of normal laws, as opposed to the soft/plastic
laws that he champions, is that normal laws are bound by procedures
established by law, due process requirements, and principles of natural
justice.  Unfortunately, the soft/plastic laws, which in essence are
private agreements, are not.
*    The report of the UN Special Rapporteur on the Freedom of
Expression and Opinion made it clear in his report to the UN Human
Rights Council that the Internet is now an integral part of citizens
exercising their right of freedom of speech under national constitutions
and under the Universal Declaration of Human Rights.  That report
highlights that many initiatives on copyright infringement, including
that of the French government with HADOPI and the UK, actually
contravene the Universal Declaration of Human Rights
*    The right of privacy is also flagged by many as something that will
have to be compromised if such private enforcement of copyright is
encouraged.

I'd like to know Prof. Sirinelli's views on these three issues: due
process, right of freedom of speech, and the right to privacy.

-- 
Pranesh Prakash
Programme Manager
Centre for Internet and Society
W: http://cis-india.org | T: +91 80 40926283




-- 

Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)

thiru at keionline.org



Tel: +41 22 791 6727
Mobile: +41 76 508 0997










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