WisdomTaskForce.org N. Bollow Internet-Draft GoalTree Consulting Intended status: Informational November 13, 2014 Expires: May 17, 2015 Plan to Establish an International Wisdom Task Force draft-bollow-wisdomtaskforce-10 Abstract This memo calls for the creation of a new governance forum named "International Wisdom Task Force" (IWTF). The main purpose of the IWTF is to facilitate international consensus-seeking discussions regarding governance actions that may be decided by national parliaments. Status of this Memo This Internet-Draft is submitted in full conformance with the provisions of BCP 78 and BCP 79. Internet-Drafts are working documents of the Internet Engineering Task Force (IETF). Note that other groups may also distribute working documents as Internet-Drafts. The list of current Internet- Drafts is at http://datatracker.ietf.org/drafts/current/. Internet-Drafts are draft documents valid for a maximum of six months and may be updated, replaced, or obsoleted by other documents at any time. It is inappropriate to use Internet-Drafts as reference material or to cite them other than as "work in progress." This Internet-Draft will expire on May 17, 2015. Copyright Notice Copyright (c) 2014 IETF Trust and the persons identified as the document authors. All rights reserved. This document is subject to BCP 78 and the IETF Trust's Legal Provisions Relating to IETF Documents (http://trustee.ietf.org/license-info) in effect on the date of publication of this document. Please review these documents carefully, as they describe your rights and restrictions with respect to this document. Bollow Expires May 17, 2015 [Page 1] Internet-Draft Wisdom Task Force November 2014 Table of Contents 1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.1. Avoidance of Requirements Language . . . . . . . . . . . . 7 2. Start-up process . . . . . . . . . . . . . . . . . . . . . . . 8 3. Draft Scope Statement for IWTF . . . . . . . . . . . . . . . . 8 4. Draft Working Directives for IWTF . . . . . . . . . . . . . . 8 4.1. Fundamental Values . . . . . . . . . . . . . . . . . . . . 8 4.2. Disclosure requirements for IWTF participation . . . . . . 9 4.3. WG Working Procedures . . . . . . . . . . . . . . . . . . 10 4.4. "E-gathering" electronic communication infrastructure . . 12 4.4.1. Software freedom requirements . . . . . . . . . . . . 12 4.4.2. Accessibility and compatibility requirements . . . . . 13 4.5. Request For Action (RFA) Publication Procedures . . . . . 13 4.6. Overall Rough Consensus Endorsement . . . . . . . . . . . 13 4.7. WG Creation . . . . . . . . . . . . . . . . . . . . . . . 14 4.7.1. Initial Informal Discussion . . . . . . . . . . . . . 14 4.7.2. Terms of Reference Endorsement . . . . . . . . . . . . 14 4.7.3. Secretariat Actions . . . . . . . . . . . . . . . . . 15 4.8. WG Termination . . . . . . . . . . . . . . . . . . . . . . 15 4.8.1. WG Dissolution by Rough Consensus . . . . . . . . . . 15 4.8.2. WG Dissolution due to Disendorsement . . . . . . . . . 15 4.8.3. WG Dissolution due to Dysfunction . . . . . . . . . . 16 4.9. Sustaining Members and the Secretariat . . . . . . . . . . 16 4.9.1. Categories of Sustaining Membership . . . . . . . . . 16 4.9.1.1. Country Members . . . . . . . . . . . . . . . . . 16 4.9.1.2. International Organization Members . . . . . . . . 17 4.9.1.3. Sustaining Civil Society Members . . . . . . . . . 17 4.9.2. Committee of Sustaining Members . . . . . . . . . . . 17 4.9.3. Secretariat Funding . . . . . . . . . . . . . . . . . 18 4.9.4. Start-up phase . . . . . . . . . . . . . . . . . . . . 18 4.9.5. Sustained operations phase . . . . . . . . . . . . . . 19 4.9.6. Transition from start-up phase to sustained operations phase . . . . . . . . . . . . . . . . . . . 19 4.9.7. Funding commitments . . . . . . . . . . . . . . . . . 19 4.9.8. Changes to the IWTF Working Directives . . . . . . . . 19 4.9.9. Further Responsibilities of the Secretariat . . . . . 20 5. Draft Terms of Reference for Some Initial Working-Groups . . . 21 5.1. WG on limiting greenhouse gas emissions . . . . . . . . . 21 5.2. WG on privacy protection in the context of information and communication technologies. . . . . . . . . . . . . . 21 5.3. WG on the eradication of mass poverty . . . . . . . . . . 21 5.4. WG on standing documents on the deliberative process . . . 22 5.5. WG on framework for democratic governance of global matters . . . . . . . . . . . . . . . . . . . . . . . . . 22 5.6. WG on Government Activities to Further Sustainable Digital Culture . . . . . . . . . . . . . . . . . . . . . 22 5.7. WG on a framework for regulation of online identity Bollow Expires May 17, 2015 [Page 2] Internet-Draft Wisdom Task Force November 2014 systems . . . . . . . . . . . . . . . . . . . . . . . . . 22 5.8. WG on a framework for regulation of online payment systems . . . . . . . . . . . . . . . . . . . . . . . . . 22 5.9. WG on a framework for regulation of DRM systems . . . . . 23 5.10. WG on a framework for guarantee systems . . . . . . . . . 23 5.11. WG on a framework for addressing the problem of spam . . . 23 5.12. WG on a framework for addressing the problem of illegal content . . . . . . . . . . . . . . . . . . . . . 23 5.13. WG on a framework for addressing the problem of indecent online content . . . . . . . . . . . . . . . . . 23 5.14. Directives WG . . . . . . . . . . . . . . . . . . . . . . 24 6. Security Considerations . . . . . . . . . . . . . . . . . . . 24 6.1. Inappropriate Usage . . . . . . . . . . . . . . . . . . . 24 6.2. Denial of Service . . . . . . . . . . . . . . . . . . . . 24 6.3. Bullying . . . . . . . . . . . . . . . . . . . . . . . . . 25 6.4. Human Rights . . . . . . . . . . . . . . . . . . . . . . . 25 7. IANA Considerations . . . . . . . . . . . . . . . . . . . . . 25 8. Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . 25 9. Endorsements . . . . . . . . . . . . . . . . . . . . . . . . . 25 10. Request For Comments . . . . . . . . . . . . . . . . . . . . . 25 11. Informative References . . . . . . . . . . . . . . . . . . . . 26 Author's Address . . . . . . . . . . . . . . . . . . . . . . . . . 26 Bollow Expires May 17, 2015 [Page 3] Internet-Draft Wisdom Task Force November 2014 1. Introduction While local and national political challenges remain important, global challenges of humanity are now increasingly recognized as being at least equally important. These include: o The need to limit the emission of greenhouse gases in an effective manner. o Privacy protection in the context of information and communication technologies. o Ensuring international fairness in regard to economic development, especially concerning poor communities and empowerment to overcome poverty. o Shaping information societies according to human needs, see [WSIS-CS] and the Internet-related working group topics in Section 5. Specifically in relation to the last of these points, an outrageous violation of the principle of democratic public policy decision- making is taking place. Principle 18 of the Delhi Declaration for a Just and Equitable Internet [Delhi] states: "Globally, there is a severe democratic deficit with regard to Internet governance. It is urgently required to establish appropriate platforms and mechanisms for global governance of the Internet that are democratic and participative. These must be anchored to the UN system, and include innovative methods for ongoing and deep participation of non- governmental actors in policy making processes. Participating non- governmental actors must in turn be subject to appropriate transparency requirements, in particular regarding sources of funding as well as membership and decision-making processes." The present proposal provides a practical governance mechanism that is designed to fulfill these requirements of the Delhi Declaration, so that international and global governance challenges can be addressed in an effective and democratic manner. The fundamental idea is to enhance the existing decision-making processes of democratic parliaments by means of developing relevant information and strategy documents. The mechanism for developing these documents is inspired by how solutions to global technical challenges related to the Internet are developed in the Internet Engineering Task Force (IETF, see http://ietf.org/), and by the practices and philosophy of the Free Software and Open Source movements. Bollow Expires May 17, 2015 [Page 4] Internet-Draft Wisdom Task Force November 2014 Analogous to the name "Internet Engineering Task Force", but reflecting the different area of subject matter (policy topics as opposed to topics of technical engineering related to the Internet), the name "International Wisdom Task Force", or "IWTF" for short, can be used by the group of people developing these information and strategy documents. Naturally, for any policy question there are different ways in which it can be framed. Such different framings correspond to different perspectives on how the question should be addressed, and in many cases people's views on what is a reasonable answer to a question depend very much on this framing. Furthermore, there are always difficult questions in regard to how the interests and unrealized human rights of those who are disadvantaged by the status quo should be balanced relative to the interests and economic and human rights of those who benefit from the status quo. The International Wisdom Task Force will not attempt to be the decision-making forum for these questions. Rather, the goal of the International Wisdom Task Force is to work out policy options and supporting documentation, in order to empower national parliaments to make good, well-informed decisions on what is a reasonable balance between the various legitimate interests. As demanded by the Delhi Declaration, there are some transparency/ disclosure requirements for particpants in the International Wisdom Task Force who are representatives or employees or business partners of organizations with interests related to the topics under discussion, see Section 4.2. It is a key goal to enable effective participation of all stakeholders, including interested citizens who are not subject matter experts. At the same time, it is also a key goal to structure the deliberative processes so that at least a significant percentage of subject matter experts consider participation a reasonably good use of their time. One significant difference to the practices of the Internet Engineering Task Force is that in the International Wisdom Task Force, all substantive work is conducted electronically via the Internet. This is important to ensure that all participants, including those who do not have the financial means to travel to in- person meetings, are able to participate fully effectively. Furthermore, "machine translation" technologies are used to support inter-language inter-comprehension, in order to facilitate the effective participation of people who do not have strong skills in a working-group's primary language, see Section 4.4. Like in the Internet Engineering Task Force and in the Free Software and Open Source movements, the key success factor for work in the Bollow Expires May 17, 2015 [Page 5] Internet-Draft Wisdom Task Force November 2014 International Wisdom Task Force is to work by means of genuine deliberative processes rather than by means of some kind of power politics. Such deliberative processes can make use of techniques for strategy development and reasoning in complex systemic contexts by means of logic trees, as described e.g. in [Dettmer]. In fact the use of such techniques, which allow to handle logical complexities effectively, is probably a precondition for being able to work productively when a wide variety of highly diverse viewpoints are expressed, which will in most cases happen naturally when the goal of including the full variety of stakeholders has been achieved, see [NB 2014]. An important strength of these logic tree techniques is that they allow to deal with emotions such as fear and hope in a logical manner: They allow fears to be acknowledged and treated as a signal that there is a need to do careful systemic analysis and that there is a need for hope-inspiring solution proposals. Although explicitly addressing fear and hope is not part of classical logics, an effective technique for doing that is probably necessary for creating constructive discourse processes in which all stakeholders are welcome to participate and where the needs, views and concerns expressed by every participant will be taken appropriately seriously. See also the UN Secretary-General's recent remarks on "the way to build societies founded on hope instead of fueled by fear", [Ban 2013-08-28]. Also critically important is that all working-groups which develop one or more documents need good chairpersons or coordinators who facilitate the deliberative and consensus and (where applicable) rough consensus processes. In this context, "consensus" does not mean a requirement for full and absolute agreement of every participant in the working-group. Rather, the definition of consensus which is applicable here is "absence of sustained opposition", where the only kind of opposition that matters is opposition which is sustained by means of valid and legitimate arguments. When necessary, the criteria for accepting text can be further relaxed to "rough consensus". Similarly to how in the Free Software and Open Source movements, the power of the maintainers of software is balanced by everyone having the right to "fork" (which means to change the name of a copy of the software and then to start publicly maintaining that "forked" version of the software), in the International Wisdom Task Force it is allowed and reasonably easy to "fork" a working-group and the documents which it develops. Bollow Expires May 17, 2015 [Page 6] Internet-Draft Wisdom Task Force November 2014 In this way, it is possible for different substantive viewpoints to lead to competing policy recommendation documents, each of which will be published in the same way by the International Wisdom Task Force, provided that a minimal threshold of interest among the so-called "sustaining members" of the International Wisdom Task Force is satisfied. This rule about the minimal threshold of interest is designed to minimize the risk of damaging the reputation of the body of documents of the International Wisdom Task Force as a whole, which would happen in the absence of a mechanism to prevent the publication of documents of poor quality. Also, working-groups may develop recommendation documents that describe several possible policy choices and the respective advantages and disadvantages. In any case, it is ultimately the responsibility of parliaments to make the hard decisions that choose between policy options. What the International Wisdom Task Force can provide is: o An international perspective, based on a broad logic-based deliberative process, to help ensure that those decisions will be well-informed. o International coordination to the extent possible while maintaining the freedom of each national parliament to make substantive policy choices. While it may appear audacious to attempt a reform of international cooperation by means of a private initiative, this is justified by the urgent need for an effective process to develop solutions for the important global challenges. International treaty-making processes are not only too slow, but they are also not likely to succeed in developing solutions that differ significantly from the status quo of current practice. 1.1. Avoidance of Requirements Language This memo requests and recommends actions, but it does not define requirements. The use of the keywords of [RFC2119] describing requirement levels is therefore deliberately avoided. The participants in the start-up process Section 2 should not consider themselves bound by any of the text in this memo, but rather they should feel free to reconsider and revise all of these recommendations. Bollow Expires May 17, 2015 [Page 7] Internet-Draft Wisdom Task Force November 2014 2. Start-up process The International Wisdom Task Force will be initiated by means of a relatively informal process in which the draft rules as described below are tried out and potentially modified before they are formally adopted. One possible start-up strategy is to start with just three substantive working groups on the topics "limiting greenhouse gas emissions", "privacy protection in the context of information and communication technologies", and "eradication of mass poverty", together with supporting working-groups developing and maintaining the needed standing documents as well as the directives. It will be necessary to work on movement-building in parallel to the work on establishing IWTF as an institutional framework. 3. Draft Scope Statement for IWTF IWTF's scope of work shall be to empower national parliaments and governments to make good, well-informed decisions on information society issues, and on other global issues of any kind. 4. Draft Working Directives for IWTF This section provides a draft set of rules that should be carefully considered and revised during the start-up process, with the goal of creating a good initial Working Directives document for IWTF. During the start-up process, the draft working directives are not formally in force, but when they are not not followed, the reasons for acting differently should be carefully documented, and the discrepancy between the draft working directives and actual practice should be resolved as quickly as reasonably possible. In this way, the start-up process provides an initial test of how the draft directives work in practice, and any unreasonably burdensome rules can be recognized and fixed quickly. 4.1. Fundamental Values The fundamental values of the IWTF are the vision for shaping information societies for human needs [WSIS-CS], the 23 principles of the Delhi Declaration for a Just and Equitable Internet [Delhi], and that the human rights, as defined in the various international human rights treaties, shall be upheld and implemented in every way possible. Bollow Expires May 17, 2015 [Page 8] Internet-Draft Wisdom Task Force November 2014 Evidence-based arguments on how these objectives can be best achieved shall be given precedence over more speculative arguments. IWTF has a number of Standing Documents providing guidance for the deliberative process; these shall be treated as incorporated by reference into these Directives. IWTF Working-Groups shall seek to provide, by means of the Request For Action documents that they publish, the best possible information input to the decision-making processes of national parliaments. The Working-Groups shall seek to collect, by means of a balanced multistakeholder process, information about needs, concerns, cause- effect relationships, and available evidence, and to process all this to the extent possible into recommendations. The Working-Groups shall particularly pay attention to any relevant proceedings at existing fora for global policy dialogue, such as the Internet Governance Forum (IGF) for Internet governance topics. At the very least, every Working-Group should be able to reach rough consensus on recommendations of the form "Public policy regarding topic X should take into consideration the following needs and concerns... ." Ideally (but with greater difficulty of reaching rough consensus) specific proposals for laws and others kinds of public policy decisions should be developed in a form that explicitly suggests a choice of options for possible choices of the balance between conflicting legitimate interests, together with information on what is known about the advantages and disadvantages (from the public interest perspective) of the different options. 4.2. Disclosure requirements for IWTF participation As demanded by principle 18 of the Delhi Declaration for a Just and Equitable Internet [Delhi], there are some transparency/disclosure requirements for participants in the International Wisdom Task Force who are representatives or employees or business partners of organizations with interests related to the topics under discussion, specifically: o The term "employees or business partners" shall be understood to include any kind relationship to a business entity which involves getting paid or funded in any way, or which involves any kind of economic dependency. o In the case of for-profit organizations, the name of the business, the locations of its headquarters and its relevant areas of business activities and other interests shall be disclosed. This can be done for example by means of a link to a webpage where this information is provided. Bollow Expires May 17, 2015 [Page 9] Internet-Draft Wisdom Task Force November 2014 o In the case of other non-governmental organizations, sources of funding as well as membership and decision-making processes shall be disclosed. This can be done for example by means of a link to a webpage where this this information is provided. o In the case of governmental organizations, the name of the country together with the name of the governmental organization is sufficient. o Persons who claim to officially represent a governmental or other organization shall present an electronic copy of a letter which authorizes them accordingly. Organizational policies which prohibit disclosure of such transparency information do not excuse anyone from these disclosure obligations for IWTF participants. If an organization has policies which are not compatible with these disclosure requirements, then these policies imply that the employees or business partners of such an organization cannot participate in IWTF. New participants in IWTF shall be prominently informed of these disclosure obligations and of the sanctions which shall be applied to anyone who knowingly or through willful neglect fails to satisfy their disclosure obligations. Anyone who participates in IWTF while knowingly or through willful neglect failing to satisfy their disclosure obligations shall be excluded from participation in IWTF for a period of five years. This penalty shall be decided and executed by the IWTF Secretariat on the basis of clear and convincing information about such neglect being made available by anyone to the Secretariat, after the Secretariat has given the accused person an opportunity to try to disprove the accusation. Legal recourse shall be available through he court system of the host country. In addition countries are encouraged to enact laws which criminalize the act of knowingly or through willful neglect giving false or incomplete disclosure information in the context of public policy discourse processes such as those of IWTF. 4.3. WG Working Procedures IWTF Working-Groups are generally free to define their own working procedures subject to the constraints that everyone without restriction must be welcome to participate as long as they fulfill the IWTF disclosure requirements (see Section 4.2) and participate constructively, and that disagreements must be addressed by means of consensus-seeking deliberative processes. Bollow Expires May 17, 2015 [Page 10] Internet-Draft Wisdom Task Force November 2014 Unless foreseen differently in the Terms of Reference of a Working Group, or the Working-Group decides otherwise, the IWTF Secretariat (see Section 4.9) shall use its discretion in setting up electronic communication infrastructure for the Working-Group (see Section 4.4 below), and in reminding participants, when this may be necessary, of the principles of professionally respectful conduct, or of international human rights law, or of the section on fundamental values in these directives (Section 4.1), or of the Terms of Reference of the particular Working-Group. If and only if such reminders prove ineffective, the Secretariat shall request the Committee (see Section 4.9.2) to decide an appropriate sanction which may take the form of barring specific persons from participation in IWTF for a specific amount of time. The Committee can decide to impose such sanctions only by consensus or rough consensus but not by majority voting. In regard to enforcing the principles of professionally respectful conduct, it is possible that policies which differ from the above may be included in the terms of reference of a WG, or may be decided by the WG. Possible measures include for example the appointment of a team of "moderators" who could issue warnings about violations of the rules of conduct, and who might in cases where warnings prove ineffective have the authority to put specific participants "on moderation" in the sense that their contributions to the deliberative processes will be distributed to the other participants only after one of the moderators has reviewed the message for conformance to the rules of conduct and approved it. Such measures can be used only if an appeals process, whereby decisions of the moderators are reviewed independently and potentially reversed, is available. Regardless of whether a WG's terms of reference assign any responsibility to the Secretariat in regard to enforcement of rules of conduct in general, bullying in any form (including mobbing, which is defined as an individual or a small group being subjected to bullying by a larger group) may be brought to the attention of the Secretariat. Provided that the resources to evaluate claims of bullying are available, the Secretariat shall do so. In doing so, the Secretariat shall be extremely careful to ensure that accusations of bullying can not be used as a means of bullying. If claims of bullying are found to be verifiably true, the Secretariat shall immediately suspend the bully or bullies (in the sense of barring from participation in IWTF), with the duration of the suspension to be decided by the Committee by consensus or rough consensus or if necessary by majority voting. The decision about the duration of a suspension on grounds of bullying shall be made within one month of the Secretariat's decision to suspend the bully or bullies. If, in the case of mobbing, a clear ring-leader of the group of bullies has Bollow Expires May 17, 2015 [Page 11] Internet-Draft Wisdom Task Force November 2014 been identified, the term of suspension of the ring-leader shall not be less than three years. All substantive discussion and decision-making of the Working-Groups shall be conducted exclusively via the Internet, in order to ensure fairness of participation also of people who do not have funding for international travel. All IWTF Working-Groups shall seek to interact with the broader professional community for the respective governance topics by active participation in the relevant global policy fora, such as the Internet Governance Forum (IGF) for Internet governance topics. All WG documents and draft documents shall be licensed under a Creative Commons license with a note that a link to http://wisdomtaskforce.org/ suffices as attribution. Textual components which are developed as a joint effort by IWTF participants using the consensus-seeking processes of IWTF working-groups are licensed under a simple Creative Commons Attribution license, while IWTF documents may also include textual components from external sources which are licensed under a more restrictive Creative Commons license. (In that case, the compound document as a whole will also be under the more restrictive Creative Commons license.) 4.4. "E-gathering" electronic communication infrastructure The Secretariat shall provide IWTF working-groups with electronic communication infrastructure which provides functionality similar to that of a an email mailing list, but with added functionality to make use of "machine translation" technologies to support inter-language inter-comprehension, in order to facilitate the effective participation of people who do not have strong skills in a working- group's primary language. This kind of an enhanced variants of an email mailing lists is referred to as an "e-gathering". 4.4.1. Software freedom requirements With the possible exception of "machine translation" technologies sourced from outside providers, the software for the "e-gathering" electronic communication infrastructure shall be publicly available for download free of charge under a license which makes it Free and Open Source Software (FOSS). Bollow Expires May 17, 2015 [Page 12] Internet-Draft Wisdom Task Force November 2014 4.4.2. Accessibility and compatibility requirements All electronic communication infrastructure used in IWTF shall fulfill all of the following requirements: o It shall be fully accessible using a variety of computer operating systems. o It shall be fully accessible using Free and Open Source Software (FOSS). o It shall be fully accessible using assistive technologies for persons with disabilities. 4.5. Request For Action (RFA) Publication Procedures The Secretariat shall process requests for publication of draft documents as Request For Action documents as follows: o Unless the Working-Group made the decision to publish the draft as a Request For Action documents in the presence of a representative of the Secretariat, the Secretariat shall make reasonable inquiries to ensure that this decision has indeed been made by consensus or rough consensus and in accordance with the Terms of Reference of the Working-Group. o The Secretariat shall verify that the Working-Group which made the request has Active status. (All Working-Groups have Active status initially, this status can change to Inactive in case of Sustaining Member disendorsements, see Section 4.8.2.) 4.6. Overall Rough Consensus Endorsement The Working-Group which has made the decision to publish a Request For Action document may instruct the Secretariat to issue a Consensus Call for Overall Rough Consensus Endorsement by IWTF. In this case the Secretariat shall communicate to all IWTF participants a request to review that Request For Action document and communicate any objections within 90 days. If any objections are received, the Working-Group shall review the objections and decide whether it wants to revise the Request For Action document. If no objections are received, or if the Working-Group otherwise decides not to revise the Request For Action document, it may ask for a determination whether there is Overall Rough Consensus of IWTF. Bollow Expires May 17, 2015 [Page 13] Internet-Draft Wisdom Task Force November 2014 Overall Rough Consensus means that there must be rough consensus among each of the major stakeholder categories: Governments, civil society and industry. The determination of Overall Rough Consensus is made by the Committee of Sustaining Members, see Section 4.9.2 below. If it is determined that there is overall Overall Rough Consensus, the Secretariat shall add information to this effect to the concerned Request For Action document. Furthermore, the Secretariat shall in this case issue a press release. 4.7. WG Creation This section outlines the process for the formation of new IWTF Working-Groups. The objective of these rules is to make it as easy as reasonably possible to create such Working-Groups as soon as there is sufficient interest, while avoiding the creation of Working-Groups that would violate IWTF's fundamental values (see Section 4.1) or that would not attract a sufficient number and variety of participants that output documents of high quality can be achieved. 4.7.1. Initial Informal Discussion The IWTF Secretariat (see Section 4.9) shall make "e-gathering" electronic communication infrastructure (see Section 4.4) available for the purpose of informal discussion of ideas for new IWTF Working- Groups. The Secretariat shall use its discretion in reminding participants, when this may be necessary, of the values of IWTF including the principles of professionally respectful conduct and international human rights law. If such reminders prove insufficient for achieving a reasonably pleasant working atmosphere, the Secretariat shall request the Committee (see Section 4.9.2) to decide an appropriate sanction which may take the form of barring specific persons from participation in IWTF for a specific amount of time. The Committee can decide to impose such sanctions only by consensus or rough consensus but not by majority voting. 4.7.2. Terms of Reference Endorsement After at least one month has elapsed since an idea has been initially proposed for information discussion, a IWTF Working-Group can be formed by three or more Sustaining Members endorsing Terms of Reference for the new Working-Group. The Terms of Reference shall specify objectives and guiding principles for the Working-Group. Bollow Expires May 17, 2015 [Page 14] Internet-Draft Wisdom Task Force November 2014 4.7.3. Secretariat Actions The Secretariat shall verify that the Terms of Reference for the new Working-Group do not violate IWTF's fundamental values (see Section 4.1), and that the Terms of Reference uphold these values at least as well as any other Working-Group addressing a very similar topic area for which the required Endorsement has been received earlier or up to two days later. For any Terms of Reference document which fails this test, the corresponding Working-Group shall not be created. The purpose of this rule is to ensure that if different groups of Sustaining Members propose different frameworks to address the same problem, so that one of them is clearly better from a human rights perspective, then precedence is appropriately given to the better framework. When it has been decided that establishment of the Working-Group is appropriate, the Secretariat shall set up the "e-gathering" communication infrastructure (see Section 4.4) and add the new Working-Group to the list of IWTF Working-Groups, with Active status. Furthermore, the Secretariat shall inform about the new Working-Group all registered participants including the sustaining members, as well as the general public, and all known civil society organizations with relevant expertise. 4.8. WG Termination This section outlines the procedures for closing down a Working- Group. These procedures are intended to be used not only when the tasks of a Working-Group have been completed, but also if it becomes clear that progress is only possible by creating a new Working-Group on essentially the same topic but with Terms of Reference that provide more specific guidance which makes it easier to reach rough consensus. 4.8.1. WG Dissolution by Rough Consensus A Working-Group has the power of making the decision to dissolve itself. 4.8.2. WG Dissolution due to Disendorsement Sustaining Members which have endorsed a Working-Group can at any time withdraw their endorsement. If this causes the number of Sustaining Members which endorse a particular Working-Group to drop below three, the status of the Working-Group changes to Inactive; as long as a Working-Group has Inactive status, it cannot decide to publish Request For Action documents. The status changes to Active again if the number of endorsing Sustaining Members again increases Bollow Expires May 17, 2015 [Page 15] Internet-Draft Wisdom Task Force November 2014 to three or more. A Working-Group which has Inactive status for a continuous period of six months or more is dissolved. 4.8.3. WG Dissolution due to Dysfunction As outlined in Section 4.9.9, the Secretariat will if necessary take corrective action if a Working-Groups fails to function. In such a situation, a Working-Group may be dissolved if no-one is willing to serve as chairperson. 4.9. Sustaining Members and the Secretariat A Secretariat for the IWTF shall be established with seat in the Canton of Zurich, Switzerland. A host country agreement shall be sought with the country of Switzerland which ensures that if the Secretariat should not act fairly and diligently according to its various responsibilities, injunctions to correct the behavior of the Secretariat can be obtained from Swiss courts of law. Any natural or legal person, internationally, without restriction, shall have standing to sue for an injunction for correction of the behavior of the Secretariat. The IWTF Secretariat shall be funded, and decisions of budget and staffing of the IWTF Secretariat shall be made by a Committee of Sustaining Members, as described in Section 4.9.2 below. In addition, Sustaining Members have a special role in regard to Working-Group formation (see Section 4.7.2) and dissolution (see Section 4.8.2). 4.9.1. Categories of Sustaining Membership This section defines three categories of Sustaining Membership and corresponding eligibility criteria. All Sustaining Members have equal rights in regard to the endorsement of Working-Groups (see Section 4.7.2). Note that while representatives of the particular interests of companies and industry organizations are welcome to participate in the discourses of the International Wisdom Task Force, they are not qualified to be recognized as Sustaining Members. 4.9.1.1. Country Members Any country which is recognized by the UN as a country may become a Country Member of the IWTF. Bollow Expires May 17, 2015 [Page 16] Internet-Draft Wisdom Task Force November 2014 4.9.1.2. International Organization Members Any membership organization of which at least three members are recognized by the UN as countries may become an International Organization Member of the IWTF. Alternatively, any organ or other subentity of such an international organization may become an International Organization Member of the IWTF. 4.9.1.3. Sustaining Civil Society Members Individuals and civil society organizations will upon request be recognized as Sustaining Civil Society Members if they fulfill all of the following three conditions: o They provide proof of their identity. o They provide a credible assurance of seeking to promote the public interest. o They have participated constructively in the IWTF since its beginning or for the past two years. The Secretariat checks whether these conditions are satisfied. 4.9.2. Committee of Sustaining Members Decisions of budget and staffing of the IWTF Secretariat shall be made by a Committee of Sustaining Members, as follows: From each of the three categories of Sustaining Members, up to five representatives may be delegated to the Committee, so that in total the committee consists of up to fifteen persons. When in any category of Sustaining Members there are five or less Sustaining Members in the category, they shall each be invited to delegate a person to the Committee. When in any category of Sustaining Members there are more than five Sustaining Members, they shall attempt to agree among themselves on a way of selecting five representatives (for example by adopting a system of rotation). If they cannot agree and more than five want to be on the Committee, the Secretariat shall randomly choose, for a two-year term, five from among those who want to be on the Committee. The Committee shall attempt to make decisions by consensus or rough consensus. If this fails, decisions regarding the Secretariat may be taken at a meeting at which decision making by majority vote is allowed, which may be convened no earlier than 16 hours after the rough consensus process has failed. Bollow Expires May 17, 2015 [Page 17] Internet-Draft Wisdom Task Force November 2014 The Committee shall review any proposed changes to the IWTF Working Directives before publication as a Request For Action document. It shall communicate any concerns to the Working-Group which is proposing changes to the Working Directives. The Committee is also responsible for the determination of Overall Rough Consensus, see Section 4.6. The decision of determination of Overall Rough Consensus needs to be reached by rough consensus of the Committee; if the Committee fails to reach rough consensus, the Request For Action document in question shall not be considered to have attained Overall Rough Consensus. This applies also to the Consensus Call in the context of changes to the IWTF Working Directives (see Section 4.9.8 the difference being only that that Consensus Call involves only the Sustaining Members. 4.9.3. Secretariat Funding The founder of IWTF is also creating a company "GoalTree Consulting" which has, as a principal objective, the aim of allowing him to create and build up IWTF. Ultimately, IWTF should however be funded by the country members. As soon as the country members have established a mechanism for funding the IWTF Secretariat, the special role of the company "GoalTree Consulting" will end. This special role which ends at that point has two aspects: On one hand a role in funding the Secretariat, and on the other hand a role in making informative documents about logic tree reasoning available on the GoalTree.ch website, which IWTF links to (which constitutes a business benefit to the company "GoalTree Consulting"). At the time of the transition to funding by country members, the company "GoalTree Consulting" will make copies of all the linked documents available to IWTF under a Creative Commons license chosen by the Committee of Sustaining Members. 4.9.4. Start-up phase During the start-up phase, founder of IWTF seeks to adequately fund the IWTF Secretariat through funds earned by the company "GoalTree Consulting". If the company "GoalTree Consulting" is insufficiently profitable to be able to meet these needs, the founder will seek to find a way for the shortfall to be covered through voluntary contributions or grants from foundations and/or other grant-giving institutions. If a Secretariat and/or Committee of Sustaining Members have been established already, founder will request them to provide advice and otherwise assist in this task as they are able. Bollow Expires May 17, 2015 [Page 18] Internet-Draft Wisdom Task Force November 2014 4.9.5. Sustained operations phase In the sustained operations phase, the IWTF Secretariat is funded by the country members through a well-defined and sustainable mechanism. When the sustained operations phase have been reached, the range of IWTF's activities can be extended from providing primarily information for consideration during legislative processes of parliaments to also facilitating deeper engagement with policy making processes, as foreseen by principle 18 of the Delhi Declaration for a Just and Equitable Internet [Delhi]. 4.9.6. Transition from start-up phase to sustained operations phase In order to transition IWTF to the sustained operations phase, the country members of IWTF may at any time propose a contract to the founder of IWTF or his legal successor in this role, in which the country members promise to jointly take care of the reasonable needs of the IWTF Secretariat in a sustainable manner, and which shall not impose any obligation on the founder of IWTF or his legal successor besides licensing informative documents about logic tree reasoning under a Creative Commons license chosen by the Committee of Sustaining Members. If these conditions are met, the founder of IWTF or his legal successor shall accept the offered contract and execute it promptly. 4.9.7. Funding commitments If the Committee intends to increase the budget of the Secretariat, the Committee shall, before making the decision to do so, secure commitments that sufficient funding will be made available. Furthermore, the Committee shall regularly assess the risk of available funding potentially dropping below the level of the current budget, and appropriate contingency plans shall be made. 4.9.8. Changes to the IWTF Working Directives If a IWTF Working-Group proposes a new version of the Directives, the Secretariat shall organize a Consensus Call among all Sustaining Members. If and only if there is rough consensus among each category of Sustaining Members for adoption of the revised Directives (as determined by the Committee, see Section 4.9.2), the Secretariat shall put them in force by publishing a Request For Action document that gives the details about how the new version was adopted, and requests the new version of the Directives to be followed from now on. As IWTF Standing Documents are treated as incorporated by reference Bollow Expires May 17, 2015 [Page 19] Internet-Draft Wisdom Task Force November 2014 into these Directives, see Section 4.1, the same requirement for a Consensus Call among all Sustaining Members applies also any changes to the set of Standing Documents. Country Members or International Organization Members may propose to make IWTF part of the UN system. Such a proposal can to be approved in the same way by rough consensus of all sustaining members of IWTF; the resulting decision will be contingent on the proposal also being accepted by the UN. If any of the principal organs or specialized agencies of the United Nations wishes to negotiate any kind of agreement with IWTF to the effect of anchoring IWTF in the UN system, the founder of IWTF shall have the authority to negotiate and enter such an agreement on behalf of IWTF. If the founder of IWTF is not willing or not able to represent IWTF in such negotiations, the Committee shall appoint another representative who can be expected to competently represent IWTF with the goal of anchoring IWTF in the UN system while maintaining IWTF's integrity as per the Fundamental Values and further principles of IWTF as outlined in this document. 4.9.9. Further Responsibilities of the Secretariat The Secretariat shall seek to ensure an official presence at the Internet Governance Forum (IGF), for example by means of a booth. The Secretariat shall provide guidance to IWTF Working-Groups on how to self-organize on the basis of the principle of rough consensus decision-making. If it is brought to the attention of the Secretariat that a IWTF Working-Group has, for an continuous period of three or more months, failed to self-organize or otherwise failed to make any substantive progress towards its objectives, the Secretariat shall take the following steps: First the Secretariat shall verify that this is indeed the case. If yes, the Secretariat shall solicit nominations and self-nominations from among the Working-Group members of potential chairpersons who could organize the work of the Working- Group. If at least one person is nominated, the Secretariat shall appoint a chairperson. If no-one is nominated, the Secretariat shall dissolve the Working-Group. Working-Groups may also by means of a rough consensus decision request and empower the Secretariat to execute this process of chairperson appointment. The Secretariat shall honor such requests. Provided that the resources to do so are available, the Secretariat shall organize the appointment of an independent appeals team that Bollow Expires May 17, 2015 [Page 20] Internet-Draft Wisdom Task Force November 2014 will be available to address disputes within Working-groups, including in particular disputes in regard to actions of moderators, see Section 4.3. The Secretariat also has the responsibility to ensure that IWTF participants are informed of their disclosure obligations as per Section 4.2, and the Secretariat must act to enforce the sanction if it is informed of evidence of a knowing or willful violation of the disclosure obligations. 5. Draft Terms of Reference for Some Initial Working-Groups This section provides draft Terms of Reference statements for some possible IWTF Working-Groups (WGs). 5.1. WG on limiting greenhouse gas emissions This WG shall develop strategy and information documents that empower national parliaments to make decisions which create appropriate global incentives to avoid greenhouse gas emissions. 5.2. WG on privacy protection in the context of information and communication technologies. This WG shall develop strategy and information documents that empower national parliaments to make decisions which will, in synergy with the actions of other countries that make similar decisions, result in effective action to ensure privacy protection in the context of information and communication technologies. 5.3. WG on the eradication of mass poverty The WSIS Declaration of Principles, "Building the Information Society - a Global Challenge in the New Millennium" [WSIS-2003], states that "under favorable conditions", ICTs can "be a powerful instrument, increasing productivity, generating economic growth, job creation and employability and improving the quality of life of all." That is especially important in the context of economic development of poor communities, where the goal is empowerment to overcome poverty. This WG shall develop strategy and information documents addressing the following questions: o What roles can the Internet play in anti-poverty strategies? o What are the relevant "favorable conditions" under which Internet- based technologies, services and/or community tools provide Bollow Expires May 17, 2015 [Page 21] Internet-Draft Wisdom Task Force November 2014 significant empowerment to overcome poverty? o What further measures are needed to achieve the objective to completely eradicate mass poverty? 5.4. WG on standing documents on the deliberative process This WG shall maintain the standing documents which explain the deliberative processes used in IWTF, including in particular logic trees and consensus and rough consensus processes. During the start-up phase of IWTF as defined in Section 4.9.3 on funding, these standing documents shall heavily reference and link to informative documents about logic trees published on GoalTree.ch; this requirement ends when the start-up phase of IWTF ends. 5.5. WG on framework for democratic governance of global matters This WG shall maintain an explanatory document about how, together with what national parliaments can do, IWTF provides a framework for democratic governance of global matters. 5.6. WG on Government Activities to Further Sustainable Digital Culture This WG shall follow up on the Workshop on Standards for Sustainable Digital Culture taking place at the 2012 IGF in Baku, see [Culture]. The WG shall publish, in the form of one or more Request For Action documents, appropriate recommendations regarding government activities aimed at the furtherance of culture. Rationale: As outlined in the Background Paper for that workshop, see [NB 2012], this is important in regard to the human rights of artists and the general public. 5.7. WG on a framework for regulation of online identity systems Online identity systems are expected to become increasingly important, for example as a foundation for online payment systems (see below). There may be a need for regulation. This WG will develop a framework document on which national legislatures and regulatory agencies can draw in order to minimize incompatibilities between regulation in various countries. 5.8. WG on a framework for regulation of online payment systems Online payment systems are expected to become increasingly important. There may be a need for regulation. This WG will develop a framework document on which national legislatures and regulatory agencies can Bollow Expires May 17, 2015 [Page 22] Internet-Draft Wisdom Task Force November 2014 draw in order to minimize incompatibilities between regulation in various countries. 5.9. WG on a framework for regulation of DRM systems If DRM (Digital Rights Management / Digital Restrictions Management) systems become more widely used, there may be a need for regulation in order to prohibit the use of such systems in ways that have negative social effects. This WG will develop a framework document on which national legislatures and regulatory agencies can draw in order to minimize incompatibilities between regulation in various countries. 5.10. WG on a framework for guarantee systems Guarantee systems could provide a viable basis for addressing problems like spam, illegal online content and indecent online content (see below). There may be a need for regulation. This WG will develop a framework document which can help inform technical standardization work about various policy concerns, and on which national legislatures and regulatory agencies can draw in order to minimize incompatibilities between regulation in various countries. 5.11. WG on a framework for addressing the problem of spam This WG will develop a framework document which can help inform technical standardization work about various policy concerns in relation to addressing the problem of spam on the basis of a guarantee system, and which also serves to inform governmental stakeholders who are concerned about the problem of spam. 5.12. WG on a framework for addressing the problem of illegal content This WG will develop a framework document which can help inform technical standardization work about various policy concerns in relation to addressing the problem of illegal content on the basis of a guarantee system together with an appropriate legal system, and on which national legislatures and regulatory agencies can draw in order to minimize incompatibilities between regulation in various countries. 5.13. WG on a framework for addressing the problem of indecent online content This WG will develop a framework document which can help inform technical standardization work about various policy concerns in relation to addressing the problem of indecent online content on the basis of a guarantee system, and which also serves to inform Bollow Expires May 17, 2015 [Page 23] Internet-Draft Wisdom Task Force November 2014 governmental stakeholders who are concerned about the problem of indecent online content. 5.14. Directives WG This WG shall continually observe the progress of the work of IWTF, in particular in view of the need for progress in regard to practical realization of human rights, and discuss any suggestions for changes to the Working Directives. Whenever the WG has rough consensus that a change to the Working Directives may be desirable, the WG shall publish a Request For Action document with revised Working Directives and an appendix that explains the rationale for the changes. This document shall not be phrased as definitely containing the new Working Directives, but rather as a request to the body of Sustaining Members of IWTF to adopt the proposed new Working Directives. (Adoption of such a revised Working Directives document is done by rough consensus among the Sustaining Members of IWTF.) Rationale: Every organization needs to observe its own performance, and to take corrective action when necessary. 6. Security Considerations Similarly to security considerations for technical systems (see RFC 3552 [RFC3552]), governance fora and processes need to be designed for robustness against attempts of "inappropriate usage" and "denial of service". In addition, the integrity of IWTF work with regard to human rights needs to be safeguarded. 6.1. Inappropriate Usage Clearly IWTF needs rules governing the interaction between participants. In the absence of appropriate rules, participation in IWTF cannot be expected to be effective, time-efficient and a pleasant experience. These rules need to be designed so that bona fide well-intentioned newcomers with reasonably good communication skills will be able to quickly learn how to participate effectively, while on the other hand there need to be effective disincentives that discourage and penalize disruptive and non-constructive behavior. 6.2. Denial of Service It is particularly important to avoid vulnerability of IWTF and its working-groups to the political equivalent of what is called "denial of service" attacks in the technical realm: It must not be possible Bollow Expires May 17, 2015 [Page 24] Internet-Draft Wisdom Task Force November 2014 for beneficiaries of the status quo (who may fear a potential loss of power) to disrupt discussions that could against their specific particular interests. 6.3. Bullying It is especially important to ensure that IWTF participants are not regularly subjected to bullying by those who (for reasons of specific particular interests) might wish to prevent the effective participation of their political opponents or competitors. 6.4. Human Rights The rules of IWTF need to ensure that all recommendations published by its working-groups are designed to uphold the fundamental principles which are internationally recognized as human rights, and to improve as much as possible the practical ability of people everywhere to enjoy their human rights. 7. IANA Considerations This memo includes no request to IANA. 8. Acknowledgements This memo has been inspired significantly by postings on the mailing list of the Civil Society Internet Governance Caucus [IGC] from various participants, including Bertrand de La Chapelle, Avri Doria, William Drake, Anriette Esterhuysen, Andrea Glorioso, Michael Gurstein, Wolfgang Kleinwaechter, Jeremy Malcolm, Lee W McKnight, Parminder Jeet Singh, and Roland Perry. This acknowledgment of inspiration is not intended to imply that any of the named persons endorse the contents of this memo. 9. Endorsements Endorsements will be solicited at a later stage. 10. Request For Comments Comments and other feedback of any kind regarding this Internet-Draft are requested in the form of personal communications to the author. Bollow Expires May 17, 2015 [Page 25] Internet-Draft Wisdom Task Force November 2014 11. Informative References [Ban 2013-08-28] Ban Ki-moon, "Secretary-General's Freedom Lecture at Leiden University", 2013, . [Culture] Bollow, N., "IGF Workshop: Standards for Sustainable Digital Culture", 2012, . [Delhi] Just Net Coalition, "Delhi Declaration for a Just and Equitable Internet", 2014, . [Dettmer] Dettmer, H W., "The Logical Thinking Process", ISBN 978-0- 87389-723-5, 2008. [IGC] Civil Society Internet Governance Caucus, "Mailing list", . [NB 2012] Bollow, N., "Standards for Sustainable Digital Culture (Background Paper)", 2012, . [NB 2014] Bollow, N., "Logic trees for inclusive discourse", 2014, . [RFC2119] Bradner, S., "Key words for use in RFCs to Indicate Requirement Levels", BCP 14, RFC 2119, March 1997. [RFC3552] Rescorla, E. and B. Korver, "Guidelines for Writing RFC Text on Security Considerations", BCP 72, RFC 3552, July 2003. [WSIS-2003] UN World Summit on the Information Society, "Declaration of Principles. Building the Information Society: a global challenge in the new Millennium.", 2003, . [WSIS-CS] Civil Society, "Declaration to the World Summit on the Information Society", 2003, . Bollow Expires May 17, 2015 [Page 26] Internet-Draft Wisdom Task Force November 2014 Author's Address Norbert Bollow GoalTree Consulting Weidlistrasse 18 CH-8624 Gruet, Switzerland Phone: +41 44 972 20 59 Email: nb@bollow.ch URI: http://GoalTree.ch/ Bollow Expires May 17, 2015 [Page 27]