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Digital rights

From Wikipedia, the free encyclopedia
Type of human and legal rights
Not to be confused withDigital rights management.
See also:Right to Internet access andFreedom of information
Rights
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights
Internet
Visualization of Internet routing paths
AnOpte Project visualization ofrouting paths through a portion of the Internet
iconInternet portal

Digital rights are thosehuman rights andlegal rights that allow individuals to access, use, create, and publishdigital media or to access and usecomputers, otherelectronic devices, andtelecommunications networks. The concept is particularly related to the protection and realization of existing rights, such as theright to privacy andfreedom of expression, in the context of digital technologies, especially theInternet.[1] The laws of several countries recognize aright to Internet access.[2]

Human rights and the Internet

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A number ofhuman rights have been identified as relevant with regard to theInternet. These includefreedom of expression,privacy, andfreedom of association. Furthermore, theright to education andmultilingualism,consumer rights, and capacity building in the context of theright to development have also been identified.[3][4]

APC Internet Rights Charter (2001)

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The APC Internet Rights Charter was established by theAssociation for Progressive Communications (APC) at the APC Europe Internet Rights Workshop, held in Prague, February 2001. The Charter draws on the People's Communications Charter and develops seven themes: internet access for all;freedom of expression andassociation; access to knowledge, shared learning and creation - free andopen source software and technology development;privacy,surveillance andencryption;governance of the internet; awareness, protection and realization of rights.[5][6] The APC states that "the ability to share information and communicate freely using the internet is vital to the realization of human rights as enshrined in theUniversal Declaration of Human Rights, theInternational Covenant on Economic, Social and Cultural Rights, theInternational Covenant on Civil and Political Rights and theConvention on the Elimination of All Forms of Discrimination against Women."[7] The APC Internet Rights Charter is an early example of a so-called Internet bill of rights, an important element ofdigital constitutionalism.

World Summit on the Information Society (WSIS) (2003-2004)

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In December 2003 theWorld Summit on the Information Society (WSIS) was convened under the auspice of theUnited Nations (UN). After lengthy negotiations between governments, businesses and civil society representatives the WSIS Declaration of Principles was adopted[8] reaffirminghuman rights:[8]

We reaffirm the universality, indivisibility, interdependence and interrelation of all human rights and fundamental freedoms, including theright to development, as enshrined in theVienna Declaration. We also reaffirm thatdemocracy,sustainable development, and respect for human rights and fundamental freedoms as well as good governance at all levels are interdependent and mutually reinforcing. We further resolve to strengthen the rule of law in international as in national affairs.

The WSIS Declaration also makes specific reference to the importance of the right tofreedom of expression in the "Information Society" in stating:[8]

We reaffirm, as an essential foundation of the Information Society, and as outlined in Article 19 of theUniversal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Communication is a fundamental social process, a basic human need and the foundation of all social organisation. It is central to the Information Society. Everyone, everywhere should have the opportunity to participate and no one should be excluded from the benefits of the Information Society offers.

The 2004 WSIS Declaration of Principles also acknowledged the need to prevent the use of information and technologies for criminal purposes, while respecting human rights.[9] Wolfgang Benedek comments that the WSIS Declaration only contains a number of references to human rights and does not spell out any procedures or mechanism to assure that human rights are considered in practice.[10]

Internet Bill of Rights and Charter on Internet Rights and Principles (2007-2010)

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The Dynamic Coalition for an Internet Bill of Rights held a large preparatory Dialogue Forum on Internet Rights in Rome, September 2007 and presented its ideas at theInternet Governance Forum (IGF) in Rio in November 2007 leading to a joint declaration on internet rights.[11]At the IGF in Hyderabad in 2008 a merger between the Dynamic Coalitions on Human Rights for the Internet and on Principles for the Internet led to the Dynamic Coalition on Internet Rights and Principles, which based on the APC Internet Rights Charter and the Universal Declaration of Human Rights elaborated the Charter of Human Rights and Principles for the Internet presented at the IGF in Vilnius in 2010, which since has been translated into several languages.

Global Network Initiative (2008)

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On October 29, 2008, theGlobal Network Initiative (GNI) was founded upon its "Principles on Freedom of Expression and Privacy". The Initiative was launched in the 60th Anniversary year of theUniversal Declaration of Human Rights (UDHR) and is based on internationally recognized laws and standards forhuman rights onfreedom of expression andprivacy set out in the UDHR, theInternational Covenant on Civil and Political Rights (ICCPR) and theInternational Covenant on Economic, Social and Cultural Rights (ICESCR).[12] Participants in the Initiative include theElectronic Frontier Foundation,Human Rights Watch,Google,Microsoft,Yahoo, other major companies, human rights NGOs, investors, and academics.[13][14]

John Harrington dismissed the impact the GNI as a voluntary code of conduct, calling instead for bylaws to be introduced that force boards of directors to accept human rights responsibilities.[15]

United Nations Human Rights Council (2011-2012)

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Some of the 88 recommendations made by theUnited Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression in a May 2011 report to theHuman Rights Council of theUnited Nations General Assembly[16] supported the argument that internet access itself is or should become a fundamental human right.[17][18]

67. Unlike any other medium, the Internet enables individuals to seek, receive and impart information and ideas of all kinds instantaneously and inexpensively across national borders. By vastly expanding the capacity of individuals to enjoy their right to freedom of opinion and expression, which is an "enabler" of other human rights, the Internet boosts economic, social and political development, and contributes to the progress of humankind as a whole...
79. The Special Rapporteur calls upon all States to ensure that Internet access is maintained at all times, including during times of political unrest.

The United Nations Human Rights Council declaredinternet freedom a Human Right in 2012.[19]

Notable laws by place

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Several countries and unions have laws dealing with digital rights:

  • Costa Rica: A 30 July 2010 ruling by the Supreme Court of Costa Rica gave the fundamental right of access to digital technologies, especially the Internet.[20]
  • Estonia: In 2000, the parliament launched a massive program to expand internet access to the countryside, arguing that it is essential for life in the 21st century.[21]
  • European Union: In 2023, adopted a Declaration on Digital Rights.[22]
  • Finland: By July 2010, every person in Finland was to have access to a one-megabit per second broadband connection, according to theMinistry of Transport and Communications. And by 2015, access to a 100 Mbit/s connection.[23]
  • France: In June 2009, theConstitutional Council, France's highest court, declared access to the Internet to be a basic human right in a strongly-worded decision that struck down portions of theHADOPI law, a law that would have tracked abusers and without judicial review and automatically cut off network access to those who continued to download illicit material after two warnings[24]
  • Greece: Article 5A of theConstitution of Greece states that all persons have the right to participate in theInformation Society and that the state has an obligation to facilitate the production, exchange, diffusion, and access to electronically transmitted information.[25]
  • Spain: Starting in 2011,Telefónica, the formerstate monopoly that holds the country's "universal service" contract, has to guarantee to offer "reasonably" priced broadband of at least one megabyte per second throughout Spain.[26]
  • United States: TheElectronic Frontier Foundation has criticized theUnited States government in 2012 for considering during theMegaupload seizure process that people loseproperty rights by storing data on a cloud computing service.[27]
Digital rights landscape, 2005, by theOpen Rights Group

Surveys

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BBC World Service global public opinion poll (2009-2010)

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A poll of 27,973 adults in 26 countries, including 14,306 Internet users,[28] was conducted for theBBC World Service by the international polling firmGlobeScan using telephone and in-person interviews between 30 November 2009 and 7 February 2010. GlobeScan Chairman Doug Miller interpreted the results as showing that people around the world see access to the internet as their fundamental right, a force for good, and most do not want governments to regulate it.[29]

Findings from the poll include:[29]

  • Nearly four in five (78%) Internet users felt that the Internet had brought them greater freedom.
  • Users in Europe and China were more supportive towards regulation of the internet by the government than those in South Korea or Nigeria.
  • Opinion was evenly split between Internet users who felt that "the internet is a safe place to express my opinions" (48%) and those who disagreed (49%).
  • The aspects of the Internet that cause the most concern include:fraud (32%), violent and explicit content (27%), threats toprivacy (20%), statecensorship of content (6%), and the extent of corporate presence (3%).
  • Almost four in five Internet users and non-users around the world felt that access to the Internet was a fundamental right (50% strongly agreed, 29% somewhat agreed, 9% somewhat disagreed, 6% strongly disagreed, and 6% gave no opinion).[30]

Internet Society's Global Internet User Survey (2012)

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In July and August 2012 theInternet Society conducted online interviews of more than 10,000 Internet users in 20 countries, including questions on digital rights:[31]

QuestionNo. of ResponsesResponses
Access to the Internet should be considered a basic human right.10,78983% somewhat or strongly agree,
14% somewhat or strongly disagree,
  3% don't know
Each individual country has the right to govern the Internet the way they see fit.10,78967% somewhat or strongly agree,
29% somewhat or strongly disagree,
  4% don't know /not applicable
The Internet does more to help society than it does to hurt it.10,78983% somewhat or strongly agree,
13% somewhat or strongly disagree,
  4% don't know / not applicable
Increased government control of the Internet would make me use the Internet less.9,71757% somewhat or strongly agree,
39% somewhat or strongly disagree,
  5% don't know / not applicable
Increased government control of the Internet would increase the number of users.9,71740% somewhat or strongly agree,
52% somewhat or strongly disagree,
  8% don't know / not applicable
Governments need to place a higher priority on expanding the Internet and its benefits in my country.10,78983% somewhat or strongly agree,
11% somewhat or strongly disagree,
  5% don't know / not applicable
For the Internet to reach its full potential in my country people need to be able to access the Internet without data and content restrictions.10,78979% somewhat or strongly agree,
17% somewhat or strongly disagree,
  4% don't know / not applicable

Digital rights advocacy groups

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See also

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Advocacy groups

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References

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  1. ^"Digital freedom: the case for civil liberties on the Net".BBC News. 1999-03-04.Archived from the original on 2016-03-03. Retrieved2010-05-01.
  2. ^Lucchi, Nicola (2011-02-06)."Access to Network Services and Protection of Constitutional Rights: Recognizing the Essential Role of Internet Access for the Freedom of Expression".Cardozo Journal of International and Comparative Law. Rochester, NY.SSRN 1756243.Archived from the original on 2023-01-17. Retrieved2020-12-03.
  3. ^Benedek 2008, 17 November 2011
  4. ^Kim, Minjeong; Choi, Dongyeon (2018)."Development of Youth Digital Citizenship Scale and Implication for Educational Setting".Journal of Educational Technology & Society.21 (1):155–171.ISSN 1176-3647.JSTOR 26273877.Archived from the original on 2020-10-05. Retrieved2020-11-15.
  5. ^"Towards a charter for Internet rights". Internet Rights UK.Archived from the original on 3 March 2016. Retrieved2 December 2008.
  6. ^Benedek, Wolfgang; Veronika Bauer; Matthias Kettemann (2008).Internet Governance and the Information Society. Eleven International Publishing. p. 39.ISBN 978-90-77596-56-2.Archived from the original on 2023-01-17. Retrieved2021-11-29.
  7. ^"ICT Policy and Internet Rights".Association for Progressive Communications. Archived fromthe original on 17 December 2008. Retrieved2 December 2008.
  8. ^abcKlang, Mathias; Murray, Andrew (2005).Human Rights in the Digital Age. Routledge. p. 1.ISBN 9781904385318.Archived from the original on 2023-01-17. Retrieved2021-11-29.
  9. ^Klang, Mathias; Murray, Andrew (2005).Human Rights in the Digital Age. Routledge. p. 2.ISBN 9781904385318.Archived from the original on 2023-01-17. Retrieved2021-11-29.
  10. ^Benedek, Wolfgang; Veronika Bauer; Matthias Kettemann (2008).Internet Governance and the Information Society. Eleven International Publishing. p. 36.ISBN 978-90-77596-56-2.Archived from the original on 2023-01-17. Retrieved2021-11-29.
  11. ^Benedek, Wolfgang; Veronika Bauer; Matthias Kettemann (2008).Internet Governance and the Information Society. Eleven International Publishing. p. 38.ISBN 978-90-77596-56-2.Archived from the original on 2023-01-17. Retrieved2021-11-29.
  12. ^Global Network Initiative, FAQArchived 2009-03-09 at theWayback Machine
  13. ^"News".Human Rights Watch.Archived from the original on 2019-08-24. Retrieved2019-06-19.
  14. ^"Participants".globalnetworkinitiative.org.Archived from the original on 2018-02-19. Retrieved2019-06-19.
  15. ^Glanville, Jo (17 November 2008)."Opinion: The big business of net censorship".The Guardian. London.Archived from the original on 28 January 2013. Retrieved11 December 2016.
  16. ^"VI. Conclusions and recommendations"Archived 2012-04-02 at theWayback Machine,Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, Human Rights Council, Seventeenth sessionAgenda item 3, United Nations General Assembly, 16 May 2011
  17. ^"Can the Internet be a Human Right?"Archived 2020-10-29 at theWayback Machine, Michael L. Best,Human rights & Human Welfare, Vol. 4 (2004)
  18. ^Kravets, David (June 3, 2011)."U.N. Report Declares Internet Access a Human Right".Wired.Archived from the original on March 24, 2014. RetrievedMarch 6, 2017.
  19. ^Carr, Madeline (November 2013)."Internet freedom, human rights and power".Australian Journal of International Affairs.67 (5):621–637.doi:10.1080/10357718.2013.817525.ISSN 1035-7718.S2CID 153790388.
  20. ^"Judgement 12790 of the Supreme Court"Archived 2015-12-17 at theWayback Machine, File 09-013141-0007-CO, 30 July 2010. (English translation )
  21. ^"Estonia, where being wired is a human right"Archived 2012-02-22 at theWayback Machine, Colin Woodard,Christian Science Monitor, 1 July 2003
  22. ^"European Declaration on Digital Rights and Principles | Shaping Europe's digital future".digital-strategy.ec.europa.eu. 2023-02-07. Retrieved2023-07-14.
  23. ^"Finland makes 1 Mb broadband access a legal right"Archived 2012-07-29 at theWayback Machine, Don Reisinger,CNet News, 14 October 2009
  24. ^"Top French Court Declares Internet Access 'Basic Human Right'".London Times. Fox News. 12 June 2009.Archived from the original on 7 January 2012. Retrieved29 April 2012.
  25. ^Constitution of Greece As revised by the parliamentary resolution of May 27th 2008 of the VIIIth Revisionary ParliamentArchived 2015-07-05 at theWayback Machine, English language translation, Hellenic Parliament
  26. ^Sarah Morris (17 November 2009)."Spain govt to guarantee legal right to broadband". Reuters.Archived from the original on 25 December 2010. Retrieved1 July 2017.
  27. ^Samuels, Cindy Cohn and Julie (2012-10-31)."Megaupload and the Government's Attack on Cloud Computing".Electronic Frontier Foundation. Retrieved2023-07-14.
  28. ^For the BBC poll Internet users are those who used the Internet within the previous six months.
  29. ^ab"BBC Internet Poll: Detailed Findings"Archived 2013-06-01 at theWayback Machine, BBC World Service, 8 March 2010
  30. ^"Internet access is 'a fundamental right'"Archived 2012-01-07 at theWayback Machine,BBC News, 8 March 2010
  31. ^"Global Internet User Survey 2012"Archived 2013-03-14 at theWayback Machine, Internet Society, 20 November 2012
  32. ^"Digital Rights Global Shapers".Global Law Forum.Archived from the original on 2020-06-07. Retrieved2021-09-20.
  33. ^"UK digital rights group sets up". 2005-09-09. Retrieved2024-05-02.

External links

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Library resources about
Digital rights
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