What to Tell Congress and the US Delegation:
- Tell the US Delegation and Congress that policymaking in the areas the Netcaster's Treaty addresses must be taken up in representative legislative channels, in both Houses, with full public disclosure and input.
- Tell the US Delegation and Congress that we do not want a broadcast flag mandate.
- Tell Congress the time has come to take up the questions of what proper form exclusive rights policies such as copyright should take in the digital age. They must address what premises should underly communications and exclusive rights policies in a time when everyone owns and uses computers and has the power of end-to-end connectivity.
- Stress that the Constitution uniquely empowers them to craft exclusive rights policy -- with specific provision that they do so with attention to the goal of promoting the progress of science and the useful arts.
- Tell Congress that copyright and communications policies are their explicit purview, that these policies address areas that impact fundamental liberties and should therefore not be infringed by unilateral treatymaking activity.
- Tell them that the principle of content-neutral, end-to-end connectivity must be guarded as a fundamental precept in both copyright and communcications policy.
- Tell them that we no more desire to plug the "analog hole" than we wish to have our right to own a fully-functional computer taken from us.
To: U.S. WIPO Delegates