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Human Rights Protocol Considerations Research Group       A-M. Rutkowski
INTERNET-DRAFT                                   Netmagic Associates LLC
Intended status: Informational
Expires: January 19, 2019                                  July 18, 2018



                     Human Rights as a Service (HRaaS)
                       draft-rutkowski-hrpc-hraas-00


Abstract

    The establishment of Human Rights as a Service (HRaaS) has
    significant potential benefits. Although the generic expressions of
    human rights in legal instruments largely precludes definitive HRaaS
    specification, the establishment of a measurable objective is
    compelling in the global marketplace for internet capabilities made
    available to the public, including new virtualised NFV-SDN based
    implementations and protocols. This HRaaS draft provides a
    structured enumeration of human rights found in the principal global
    legal instruments against which standards bodies can evaluate their
    specifications, vendors can differentiate their offerings, and users
    can compare those offerings and make informed decisions.


Status of this Memo

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Copyright Notice

   Copyright (c) 2018 IETF Trust and the persons identified as the
   document authors.  All rights reserved.




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Table of Contents

    1. Introduction...................................................2
    2. Human Rights as a Service in existing and evolving internets...4
    3. Structured enumerations of human rights........................4
      3.1. The Universal Declaration of Human Rights - Enumeration
           [UDHR].....................................................4
      3.2. The International Covenant on Civil and Political Rights
           Enumeration [ICCPR]........................................8
      3.3. The International Covenant on Economic, Social and Cultural
           Rights - Enumeration [CESCR]..............................10
      3.4. Additional human rights instrument - enumerations... .....11
    4. Security Considerations.......................................11
    5. IANA Considerations...........................................11
    6. Research Group Information....................................11
    7. References....................................................12
      7.1. Informative References....................................12
    Appendix A. Additional Human Rights Instruments..................15
      A.1. Additional Protocol to the Convention on Cybercrime,
           concerning the criminalisation of acts of a racist and
           xenophobic nature committed through computer systems -
           enumeration [COEETS189]...................................15
    Acknowledgments..................................................16
    Authors' Addresses...............................................16



1. Introduction

    Seventy years ago, the first of multiple legal instruments -The
    Universal Declaration of Human Rights -was adopted setting forth
    global human rights. [UDHR][HRI-DOCS] It contained 30 different
    rights and freedoms. Forty years ago, the author of some of those
    rights headed the first major international commission created to
    consider how new communication technologies were advancing or
    impeding those rights. [MACBRIDE] At the time, multiple data
    networking technologies were proliferating, Louis Pouzin had
    developed the internet concept seven years earlier and being



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    implemented in multiple initiatives. [POUZIN] Senior technical
    representatives to the Commission were projecting the developments
    of internets over the next decade with a view to furthering human
    rights. [MACBRIDE81]

    Thirty years ago in 1988, the world's Nation=State representatives
    convened at Melbourne to sign a treaty enabling the implementation
    of internet public access capabilities globally subject to certain
    constraints following the first major internet cyberattack a few
    weeks before. [WATTC88] Twenty years ago in 1998, the U.S.
    government initiated - CRISP -the first significant work on adverse
    internet security and human rights challenges. [CRISP] At about the
    same time, a trio of international actions occurred at the U.N.
    Geneva Office of the High Commission on Human Rights which convened
    series of conferences on emerging adverse internet human rights
    problems, the EU Council of Ministers established the European
    Monitoring Centre on Racism and Xenophobia, and the Heads of State
    and Government of the Council of Europe at their Second Summit met
    to seek common responses to the developments of new information
    technologies. [OHCHR]

    About fifteen years ago in 2003, thirty nations adopted "The
    Additional Protocol to the Convention on Cybercrime, concerning the
    criminalisation of acts of a racist and xenophobic nature committed
    through computer systems" through the Council of Europe. [T-CY-AP]

    In past several years, as internet human rights abuses have scaled
    dramatically, a number of additional aggregate human rights have
    evolved to deal with continuing, large-scale human rights abuses
    such as cyberviolence, internet hate crime, and exploitation of
    children. [WISENTHAL] [COE-CYBERVIOLENCE]

    There is also an increasing recognition that while large enterprises
    and knowledgeable may possess the resources to prevent or mitigate
    most human rights abuses, large classes of people subject to those
    abuses at the network edges do not possess those resources -
    especially when manifested by nation-state actors. [DTRA-MASS]
    Exacerbating the challenges is the use of the internet to pursue
    pursuit of racism, xenophobia, and election manipulation agendas
    today by national leaders as part of their political agendas.
    [TTWEETS]

    Notwithstanding the somewhat dire contemporary developments,
    evolving new virtualised internets are emerging that could lead to
    human rights improvements in the protocols, architectures, and
    offerings to the public. NFV-SDN based virtualised internets are
    rapidly emerging = especially for 5G environments. They make use of





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    a broad array of protocols instantiated as service functions on
    demand. [NFVRG] In conjunction with this virtualisation, internets
    are witnessing a major paradigm shift of intelligence from the
    network edges to network cores and gateways. [MBOX-INNOVATE] A
    concept of Human Rights as a Service that provides structured
    enumerations of human rights in global legal instruments can enable
    standards bodies evaluating their specifications, vendors
    differentiating their offerings, and users can compare those
    offerings and making informed decisions.


2. Human Rights as a Service in existing and evolving internets

    Although the generic expressions of human rights in legal
    instruments largely precludes definitive HRaaS specification. In
    addition to the typically unstructured language and often vague
    terminology found in these instruments, they fall into the conundrum
    of "the fog of more." There are dozens of intergovernmental bodies
    involved, and even more in individual countries at varying
    governmental levels. All of these bodies have promulgated human
    rights. It has resulted in a significant body of human right law
    that is manifested in legal systems, law schools, and institutes
    distributed worldwide.

    Notwithstanding these challenges, the creation of structured
    enumerations for human rights found in the principal legal
    instruments, has potential value under the aegis of "Human Rights as
    a Service." Such enumerations would further the objective of
    furthering cognizance, respect, implementation, and statistical
    monitoring of those rights in the global marketplace of internet
    protocols, virtual functions, applications, management, practices,
    and services offered to the public.


3. Structured enumerations of human rights

    The following subclauses provide an initial set of enumerations
    which can be extended via a registry to encompass any legal
    instrument of human rights.

3.1. The Universal Declaration of Human Rights - Enumeration [UDHR]

    UDHR01 All human beings are born free and equal in dignity and
    rights








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    UDHR02 Everyone is entitled to all the rights and freedoms set
    forth in this Declaration, without distinction of any kind, such as
    race, colour, sex, language, religion, political or other opinion,
    national or social origin, property, birth or other status; no
    distinction shall be made on the basis of the political,
    jurisdictional or international status of the country or territory
    to which a person belongs

    UDHR03 Everyone has the right to life, liberty and security of
    person

    UDHR04 No one shall be held in slavery or servitude

    UDHR05 No one shall be subjected to torture or to cruel, inhuman
    or degrading treatment or punishment

    UDHR06 Everyone has the right to recognition everywhere as a
    person before the law.

    UDHR07 All are equal before the law and are entitled without any
    discrimination to equal protection of the law

    UDHR08 Everyone has the right to an effective remedy by the
    competent national tribunals for acts violating...fundamental rights

    UDHR09 No one shall be subjected to arbitrary arrest, detention or
    exile

    UDHR10 Everyone is entitled in full equality to a fair and public
    hearing by an independent and impartial tribunal, in the
    determination of his rights and obligations and of any criminal
    charge against him

    UDHR11 Everyone charged with a penal offence has the right to be
    presumed innocent until proved guilty according to law in a public
    trial at which he has had all the guarantees necessary for his
    defence

    UDHR12 No one shall be subjected to arbitrary interference with
    his privacy, family, home or correspondence, nor to attacks upon his
    honour and reputation

    UDHR13 Everyone has the right to freedom of movement and residence
    within the borders of each State...to leave any country, including
    his own, and to return to his country







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    UDHR14 Everyone has the right to seek and to enjoy in other
    countries asylum from persecution.

    UDHR15 Everyone has the right to a nationality...[nor] arbitrarily
    deprived of his nationality nor denied the right to change his
    nationality.

    UDHR16 Men and women of full age, without any limitation due to
    race, nationality or religion, have the right to marry and to found
    a family...are entitled to equal rights as to marriage, during
    marriage and at its dissolution

    UDHR17 Everyone has the right to own property alone as well as in
    association with others...no one shall be arbitrarily deprived of
    his property.

    UDHR18 Everyone has the right to freedom of thought, conscience
    and religion; this right includes freedom to change his religion or
    belief, and freedom, either alone or in community with others and in
    public or private, to manifest his religion or belief in teaching,
    practice, worship and observance

    UDHR19 Everyone has the right to freedom of opinion and
    expression;...includes freedom to hold opinions without interference
    and to seek, receive and impart information and ideas through any
    media and regardless of frontiers

    UDHR20 Everyone has the right to freedom of peaceful assembly and
    association...[nor] compelled to belong to an association

    UDHR21 Everyone has the right to take part in the government of
    his country, directly or through freely chosen representatives;...to
    equal access to public service in his country;...[and] the will of
    the people shall be the basis of the authority of
    government...expressed in periodic and genuine elections which shall
    be by universal and equal suffrage and shall be held by secret vote
    or by equivalent free voting procedures

    UDHR22 Everyone, as a member of society, has the right to social
    security and is entitled to realization, through national effort and
    international co-operation and in accordance with the organization
    and resources of each State, of the economic, social and cultural
    rights indispensable for his dignity and the free development of his
    personality







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    UDHR23 Everyone has the right to work, to free choice of
    employment, to just and favourable conditions of work and to
    protection against unemployment [and] without any discrimination,
    has the right to equal pay for equal work...to just and favourable
    remuneration ensuring for himself and his family an existence worthy
    of human dignity, and supplemented, if necessary, by other means of
    social protection...[and] to join trade unions for the protection of
    his interests

    UDHR24 Everyone has the right to rest and leisure, including
    reasonable limitation of working hours and periodic holidays with
    pay

    UDHR25 Everyone has the right to a standard of living adequate for
    the health and well-being of himself and of his family, including
    food, clothing, housing and medical care and necessary social
    services, and the right to security in the event of unemployment,
    sickness, disability, widowhood, old age or other lack of livelihood
    in circumstances beyond his control...[and] motherhood and childhood
    are entitled to special care and assistance [where] all children,
    whether born in or out of wedlock, shall enjoy the same social
    protection

    UDHR26 Everyone has the right to education [and] education shall
    be free, at least in the elementary and fundamental stages [and]
    elementary education shall be compulsory [and] technical and
    professional education shall be made generally available and higher
    education shall be equally accessible to all on the basis of
    merit...[where] education shall be directed to the full development
    of the human personality and to the strengthening of respect for
    human rights and fundamental freedoms [and] promote understanding,
    tolerance and friendship among all nations, racial or religious
    groups, and shall further the activities of the United Nations for
    the maintenance of peace [and] parents have a prior right to choose
    the kind of education that shall be given to their children

    UDHR27 Everyone has the right freely to participate in the
    cultural life of the community, to enjoy the arts and to share in
    scientific advancement and its benefits, [and] to the protection of
    the moral and material interests resulting from any scientific,
    literary or artistic production of which he is the author

    UDHR28 Everyone is entitled to a social and international order in
    which the rights and freedoms set forth in this Declaration can be
    fully realized







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    UDHR29 Everyone has duties to the community in which alone the
    free and full development of his personality is possible [and] in
    the exercise of his rights and freedoms, everyone shall be subject
    only to such limitations as are determined by law solely for the
    purpose of securing due recognition and respect for the rights and
    freedoms of others and of meeting the just requirements of morality,
    public order and the general welfare in a democratic society

    UDHR30 Nothing in this Declaration may be interpreted as implying
    for any State, group or person any right to engage in any activity
    or to perform any act aimed at the destruction of any of the rights
    and freedoms set forth herein

3.2. The International Covenant on Civil and Political Rights
     Enumeration [ICCPR]

    ICCPR01 All peoples have the right of self-determination
    [including]...political status and freely pursue their economic,
    social and cultural development

    ICCPR06 Every human being has the inherent right to life [nor]
    arbitrarily deprived of his life

    ICCPR07 No one shall be subjected to torture or to cruel, inhuman
    or degrading treatment or punishment...[or] subjected without his
    free consent to medical or scientific experimentation.

    ICCPR08 No one shall be held in slavery [and]...no one shall be
    held in servitude

    ICCPR09 Everyone has the right to liberty and security of person
    [or] subjected to arbitrary arrest or detention

    ICCPR10 All persons deprived of their liberty shall be treated with
    humanity and with respect for the inherent dignity of the human
    person

    ICCPR11 No one shall be imprisoned merely on the ground of
    inability to fulfil a contractual obligation

    ICCPR12 Everyone lawfully within the territory of a State shall,
    within that territory, have the right to liberty of movement and
    freedom to choose his residence [and] free to leave any country,
    including his own [or] arbitrarily deprived of the right to enter
    his own country







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    ICCPR13 An alien lawfully in the territory of a State Party to the
    present Covenant may be expelled therefrom only in pursuance of a
    decision reached in accordance with law

    ICCPR17 No one shall be subjected to arbitrary or unlawful
    interference with his privacy, family, home or correspondence, nor
    to unlawful attacks on his honour and reputation

    ICCPR18 Everyone shall have the right to freedom of thought,
    conscience and religion [and] include freedom to have or to adopt a
    religion or belief of his choice, and freedom, either individually
    or in community with others and in public or private, to manifest
    his religion or belief in worship, observance, practice and teaching

    ICCPR19 Everyone shall have the right to hold opinions without
    interference [and] to freedom of expression

    ICCPR20 Any propaganda for war shall be prohibited by law [and] any
    advocacy of national, racial or religious hatred that constitutes
    incitement to discrimination, hostility or violence shall be
    prohibited

    ICCPR21 The right of peaceful assembly shall be recognized

    ICCPR22 Everyone shall have the right to freedom of association
    with others, including the right to form and join trade unions for
    the protection of his interests

    ICCPR23 The right of men and women of marriageable age to marry and
    to found a family shall be recognized

    ICCPR24 Every child shall have, without any discrimination as to
    race, colour, sex, language, religion, national or social origin,
    property or birth, the right to such measures of protection as are
    required by his status as a minor, on the part of his family,
    society and the State.

    ICCPR25 Every citizen shall have the right and the opportunity...
    without unreasonable restrictions...to take part in the conduct of
    public affairs, directly or through freely chosen representatives...
    [and] vote and to be elected at genuine periodic elections which
    shall be by universal and equal suffrage and shall be held by secret
    ballot, guaranteeing the free expression of the will of the electors
    [and]...have access, on general terms of equality, to public service
    in his country.







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    ICCPR26 All persons are equal before the law and are entitled
    without any discrimination to the equal protection of the law...and
    effective protection against discrimination on any ground such as
    race, colour, sex, language, religion, political or other opinion,
    national or social origin, property, birth or other status.

    ICCPR27 In those States in which ethnic, religious or linguistic
    minorities exist, persons belonging to such minorities shall not be
    denied the right, in community with the other members of their
    group, to enjoy their own culture, to profess and practise their own
    religion, or to use their own language

3.3. The International Covenant on Economic, Social and Cultural Rights
     - Enumeration [CESCR]

    CESCR01 All peoples have the right of self-determination
    [including] ...political status and freely pursue their economic,
    social and cultural development

    CESCR06 the right to work, which includes the right of everyone to
    the opportunity to gain his living by work which he freely chooses
    or accepts

    CESCR07 the right of everyone to the enjoyment of just and
    favourable conditions of work

    CESCR08 The right of everyone to form trade unions and join the
    trade union of his choice

    CESCR09 the right of everyone to social security

    CESCR10 The widest possible protection and assistance should be
    accorded to the family [including]...special measures of protection
    and assistance...on behalf of all children and young persons without
    any discrimination for reasons of parentage or other conditions...
    [and] protected from economic and social exploitation

    CESCR11 the right of everyone to an adequate standard of living for
    himself and his family, including adequate food, clothing and
    housing, and to the continuous improvement of living conditions












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    CESCR12 right of everyone to the enjoyment of the highest
    attainable standard of physical and mental health [including]
    environmental and industrial hygiene...prevention, treatment and
    control of epidemic, endemic, occupational and other diseases...the
    creation of conditions which would assure to all medical service and
    medical attention in the event of sickness.

    CESCR13 the right of everyone to education

    CESCR15 the right of everyone...to take part in cultural life...to
    enjoy the benefits of scientific progress and its applications...the
    protection of the moral and material interests resulting from any
    scientific, literary or artistic production of which he is the
    author...the development and the diffusion of science and culture

    CESCR25 the inherent right of all peoples to enjoy and utilize
    fully and freely their natural wealth and resources

3.4. Additional human rights instrument - enumerations

    See Appendix A.


4. Security Considerations

    As this draft concerns a research document, there are no security
    considerations.


5. IANA Considerations

    This document has no actions for IANA.

6. Research Group Information

    The discussion list for the IRTF Human Rights Protocol
    Considerations proposed working group is located at the e-mail
    address hrpc@ietf.org. Information on the group and information on
    how to subscribe to the list is at
    https://www.irtf.org/mailman/listinfo/hrpc

    Archives of the list can be found at:
    https://www.irtf.org/mailarchive/web/hrpc/current/index.html.








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7. References

7.1. Informative References

    [UDHR]    U.N., "The Universal Declaration of Human Rights," 1948.
              <https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations
              /eng.pdf>

    [HRI-DOCS]
              UCONN, Human Rights Institute, Human Rights Documents,
              <https://humanrights.uconn.edu/human-rights-documents/>.
              See also, Human Rights Organizations,
              <https://humanrights.uconn.edu/human-
              rightsorganizations/>.

    [MACBRIDE]
              UNESCO, International Commission for the Study of
              Communication Problems, <http://www.undocuments.
              net/macbride-report.pdf>

    [POUZIN]  L. Pouzin, "Presentation and major design aspects of the
              CYCLADES computer network," in Proc. 3rd Data
              Communications Symp., 1973.
              <https://dl.acm.org/citation.cfm?id=811034>. See also,
              <https://en.wikipedia.org/wiki/CYCLADES>

    [MACBRIDE81]
              A. Rutkowski, et al, Communication technologies of the
              1980s, UNESCO, International commission for the study of
              communication problems, Doc. 81.
              <http://unesdoc.unesco.org/images/0004/000491/
              049100eb.pdf>

    [WATTC88] World Administrative Telegraph and Telephone Conference
              (Melbourne, 1988).
              <https://www.itu.int/en/history/Pages/TelegraphAndTelephon
              eConferences.aspx?conf=4.33>. See also, A. Rutkowski, The
              ITU treaty provisions for infrastructure protection, June
              2005,
              <https://www.itu.int/osg/spu/cybersecurity/contributions/R
              utkowski_contribution.pdf>

    [CRISP]   Stanford University, Consortium for Research on
              Information Security and Policy,
              <https://cisac.fsi.stanford.edu/research/consortium_for_re
              search_on_information_security_and_policy>





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    [OHCHR]   OHCHR, Racism and the Internet,
              <https://www.ohchr.org/EN/Issues/Racism/IntergovWG/Pages/R
              efDocSession4.aspx>; European Monitoring Centre on Racism
              and Xenophobia,
              <https://www.eurofound.europa.eu/observatories/eurwork/ind
              ustrial-relations-dictionary/european-monitoring-centreon-
              racism-and-xenophobia>; Final Declaration and Action
              Plan, Second Summit of Heads of State and Government,
              (Strasbourg, 10-11 October 1997)

    [T-CY-AP] Council of Europe, "The Additional Protocol to the
              Convention on Cybercrime, concerning the criminalisation
              of acts of a racist and xenophobic nature committed
              through computer systems."
              <https://www.coe.int/en/web/conventions/full-list//
              conventions/rms/090000168008160f>

    [WISENTHAL]
              The Simon Wiesenthal Center,
              <https://www.infodocket.com/2018/03/07/the-
              simonwiesenthal-center-releases-digital-terrorism-
              and-hate2018-report/>

    [COE-CYBERVIOLENCE]
              COE, Mapping study on cyberviolence, 9 July 2018.
              <https://rm.coe.int/t-cy-2017-10-cbg-studyprovisional/
              16808c4914>. See also, Cyber hate at the
              International Network for Hate Studies,
              <http://www.internationalhatestudies.com/topic/hate-
              crimeand-technology/>

    [DTRA-MASS]
              S.J. Lukasik, Mass-Effect Network Attacks, Defense
              Threat Reducation Agency, Jan 2007. See also, See also,
              <https://scholar.google.com/scholar?hl=en&as_sdt=0%2C47&q=
              internet+%2B+xenophobia+%2B+racism&btnG=>

    [TTWEETS] A. Rutkowski, Trump's Tweets Flouting the Cybercrime
              Treaty Curbs on Racist and Xenophobic Incitement, CircleID
              July 2018.
              <http://www.circleid.com/posts/20180702_trumps_tweets_flou
              ting_the_cybercrime_treaty_curbs_on_racist/>. See also,
              USDC, Case 1:18-cr-00215-ABJ, Indictment, U.S. v. Netyksho
              et al, filed 07/13/18,
              <https://www.justice.gov/file/1080281/download>

    [NFVRG]   See Network Function Virtualization Research Group
              (NFVRG), <https://trac.ietf.org/trac/irtf/wiki/nfvrg>.





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    [MBOX-INNOVATE]
              See, e.g., J. Sherry, Middlebox Processing as a
              Cloud Service,
              <https://pdfs.semanticscholar.org/ecb1/3b2c3bdd5d558828cc2
              0fccfe75a1d02873a.pdf>; V. Sekar et al., The Middlebox
              Manifesto: Enabling Innovation in Middlebox Deployment,
              <https://people.eecs.berkeley.edu/~sylvia/papers/hotnets19
              -sekar.pdf>

    [ICCPR]   U.N., "The International Covenant on Civil and Political
              Rights," 1966.
              <https://www.ohchr.org/Documents/ProfessionalInterest/ccpr
              .pdf>

    [CESCR]   U.N., "The International Covenant on Economic, Social and
              Cultural Rights," 1966.
              <https://www.ohchr.org/Documents/ProfessionalInterest/cesc
              r.pdf>

    [COE-ETS189]
              Council of Europe, ETS No. 189, Additional Protocol
              to the Convention on Cybercrime, concerning the
              criminalisation of acts of a racist and xenophobic nature
              committed through computer systems, Strasbourg, 28.I.2003.
              <https://www.coe.int/en/web/conventions/full-list//
              conventions/rms/090000168008160f>


























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Appendix A. Additional Human Rights Instruments

A.1. Additional Protocol to the Convention on Cybercrime, concerning
     the criminalisation of acts of a racist and xenophobic nature
     committed through computer systems - enumeration [COE-ETS189]

    APCR03 Dissemination of racist and xenophobic material through
    computer systems

    APCR04 Racist and xenophobic motivated threat

    APCR05 Racist and xenophobic motivated insult

    APCR06 Denial, gross minimisation, approval or justification of
    genocide or crimes against humanity

    APCR07 Aiding and abetting



































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Acknowledgments

    Thanks to Sean MacBride who played a leading role in articulating
    global human rights in international legal instruments, creating
    implementing organizations, and leading the first major worldwide
    body forty years ago to consider the potential for advancing human
    rights in communication networks.


Authors' Addresses

    Anthony-M. Rutkowski
    Netmagic Associates LLC

    Email: trutkowski@netmagic.com





































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