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Final Project Report
The Final Project Report
covers the work carried out, results achieved and conclusions drawn by
RightsWatch over the two years of the project.
The most fundamental
finding from the RightsWatch Project is that any self-regulatory regime
within the context of NTD procedures cannot be truly effective without some
form of legislative underpinning. The RightsWatch Project has demonstrated
that with this it would be possible to resolve other issues and provide more
certainty for all stakeholders concerned.
Other conclusions drawn
are as follows:
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Any NTD procedure
needs to deal with a wide variety of potential complaints and, in this
context, must reconcile the conflicting objectives of the different
stakeholders involved.
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The concept of a third
party organisation should not be ignored, although there is no general
consensus on the functions that could be undertaken by such a body.
Having said that, it is agreed that there is little benefit for a third
party organisation simply as a post box for the receipt and delivery of
notices and counter-notices.
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The benefits of
procedures harmonised at international level are obvious given the
cross-border nature of the Internet. However, practical considerations of
co-ordination and consensus point in the opposite direction. A compromise
approach may be viable, in other words, priority should be given to
national initiatives with some co-ordination and information sharing at EU
level.
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There is growing
concern in some sectors about “citizens’ rights”; that civil liberties are
being replaced by consumer rights and that judicial due process is being
replaced by industry self-regulation. There is a view that this in turn
will compromise fair use and free speech.
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The technology
research concluded that a considerable amount of effort would be required
to provide interoperability across the different systems that might be
employed in an automated NTD process. Even then, some form of human
subjective judgement would be required in the process although technology
could be deployed to assist those judgements.
Click
here to download
a copy of the Final Project Report. An edited version of the report is
available in the form of the
White Paper.
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