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As thoughts turn to the 2013 Morocco Diplomatic conferencefor the VIP Treaty next June, there was an article inArsTechnica on the recently completed ITU Conference inDubai to which I will excerpt 2 salient points.

"Behind closed doors at the UNs attempted 'takeover of theInternet' -- Conflicting visions for the future of the Internetcollide in Dubai" by Eli Dourado of WCITLeaks and unofficialmember of the US delegation to the ITU

http://t.co/EU9iMdBG (link via @jrandomf Twitter post)

Regarding 'human rights' proposals at the Dubai meeting

from the article main body:

After a number of countries spoke in favor of thecompromise text in general, Nigeria rose on behalf ofthe Africa region to add a clause to the new,controversial human rights language that wouldsupport a new human right: the right of all MemberStates to access international telecommunicationservices.

This language was controversial for three reasons.First, it was a version of a proposal made by Cubaearlier in the conference, directed at the sanctionsimposed on it by the United States; it would makethose sanctions illegal under international law. Second,it seemed to establish the ITU, a technical forum, as anew arbiter of human rights. The heads of delegationsof most countries were typically communications

ministers; they were not empowered to set humanrights policy for their countries. Third, the human rightit purported to establish was a collective one, located inthe state rather than in the individual.

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The SCCR/25/2 Draft text for the Diplomatic Conference stillcontains (in brackets) Article I. which states:

ARTICLE I

INTERPRETATION OF THE THREE-STEP TEST

[The three-step test should be interpreted in a mannerthat respects the legitimate interests of third parties,including:

interests deriving from human rights andfundamental freedoms;]

From a comment posted to the ArsTechnica article by JohnDay (Mr. Day was Head of US Delegation, ISOJTC1/SC21/WG1, 1980 1992.):

Making documents available at the last minute is also acommon ploy. Most committees have a rule thateverything must be available well in advance of themeeting. As I assume this meeting did. But there isalways someone who will want to play on good will to

bring in something late. I remember once, the chairwas asking to allow late documents (to be a nice guy),as head of delegation I objected. The chair was goingto anyway. At which point, I promised that if he did, Iwould guarantee that no one would see any UScontributions (of which there were always many) forthe next meeting before the first day. He backed down.

And I have to admit to using them successfully myself.

;-)

The Final Decision of the Dec 17-18 ExGA states (in part) at5.:

The Preparatory Committee shall incorporate in the BasicProposal such further agreements of the SCCR as are

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reached pursuant to paragraph (4) above with theunderstanding that any Member State and the specialdelegation of the European Union may make proposals atthe Diplomatic Conference.

As this is a Decision of the General Assembly, it is notsubject to revision at the Special SSCR in February, 2013.