[Dcpr] DCPR Recommendations- edited text and closing of consultation period; policy questions

[Pär Lannerö]

Well spotted!

Regarding the questions, they are not easy to answer. Here are some of my thoughts:

The first question will probably get reflex responses such as "it is only responsible to distribute personal info if the user has consented". However, as the Meaningful consent project and several others have pointed out, online consent is not a good justification for potentially intrusive behaviour. Consent on the internet, so far, is usually not informed. 
Instead, other criteria should be considered. Eg. surprise factor, potential for harm et cetera. See http://CommonTerms.org/conclusion . 

Similarly, the proposal embedded in the second question sounds attractive at first. But it seems a bit utopian when you think twice about it: Terms & Conditions are not entirely disconnected from the design and technical workings of a service. Having to allow continued use of a service after T&C have changed would often add a considerable burden on operations, and sometimes create barriers to development. 

Best regards
Pär Lannerö, CommonTerms.org



> 12 sep 2015 kl. 19:19 skrev N. Zingales <N.Zingales at uvt.nl>:
> 
> Dear all,
> 
> as you know, the draft recommendation on Terms of Service and Human Rights are under consultation on the IGF website: http://review.intgovforum.org/igf-2015/dynamic-coalitions/dynamic-coalition-on-platform-responsibility-dc-pr/
> 
> This week, it became evident that there was an error of transcription in the transition from the 3rd to the 4th draft that was circulated on this mailing list, which resulted in the accidental elimination of two paragraphs. As a result, the corresponding text has now been added to the draft on the IGF website, specifically at paras. 33 and 34, under the section “Amendment and Termination of Contracts”. 
> Please do not hesitate to read and comment upon this additional section, in case you had not already done so in the initial drafts. Comments to the Recommendations remain open until the IGF, but in order to be integrated into the version that will be printed and circulated at the venue, they will need to be made by September 25th. 
> 
> On a separate note: the Secretariat asked the DCPR coordinators (as those of the other DCs) to prepare two policy questions for multistakeholder discussion at the two main sessions devoted to the work of the Dynamic Coalitions. Given the focus of this work on privacy, due process and freedom of expression (letting aside the special section on children protection), we are inclined to at least propose three questions, in order to cover the main components of the Recommendations.
> 
> The questions could be something like this : 
> 1) In an era of increasing reliance on big data analysis to provide more customized services, in what circumstances should a “responsible operator” be allowed to disclose personal information to third parties?
> 2) When platforms roll out additional functionalities that require a change in the terms of service, should users be allowed to continue to use the platform under the previous terms of service (without use of those additional functionalities)?
> 3) To what extent should “responsible platforms" refuse to comply with governmental requests made in accordance with local law, but which may violate human rights law?
> 
> By all means, any comments or additional suggestions for these questions is welcome.
> 
> All the best,
> 
> Nicolo, Luca and Primavera
> 
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