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traditions house believes compensation should be paid those who have had their | Who gets compensated would have to be clearly defined and yes there would be losers and some perverse outcomes. But what matters is that the system as a whole would be beneficial. While culture is complex any case would only be looking at one isolated aspect of culture; one custom. Defining this one aspect and who it belongs to would not be difficult. Compensation would not usually go to all individuals of a community but to help that community; to their community centres, NGOs etc., or to those individuals who have directly lost income as it would be with intellectual property. |
traditions house believes compensation should be paid those who have had their | Whilst globalisation is occurring and creating multibillion dollar industries all over the world, cultures are not fully immersed in each other. Nor should we want them to be as we don’t want a global monoculture. Far from sparking divisions compensation can create harmony as it forces cultures to understand and tolerate each other by learning what is acceptable and what is not. Preventing stealing of culture will encourage greater attribution of where ideas come from preventing smaller cultures from becoming marginalised in a globalised world. |
traditions house believes compensation should be paid those who have had their | Reparations and the use of the term 'cultural appropriation' is a mask for more deep-rooted issues of racism in society. The use of compensation as a means of redress for cultural appropriation doesn’t tackle the root problems that are expressed. The problems given as examples of cultural appropriation, like a Caucasian person wearing their hair in dreadlocks- a style that has meaning and historic prejudice to the afro-Caribbean community is redirecting attention and division. The individuals wearing their hair in this fashion however are not the problem. Demanding compensation from them 'does not challenge racism in any meaningful way' [1]. Instead targeting and punishing those who actively discriminate against those with the dreadlock style of hair is more effective and encourages equality. [1] Malik, Kenan, ‘The Bane of Cultural Appropriation’, AlJazeera, 14th April 2016, |
traditions house believes compensation should be paid those who have had their | No feasible system of which grounds of compensation can occur because of the fluidity of culture and cultural identity How a person identifies themselves aligns with the culture they are a part of. Szewczak and Snodgrass argue this is as the values of an individual “are influenced and modified by membership of other professional, organisational, ethnic, religious, and various other social groups, each of which has its own specialized culture and value set. Thus, individuals vary greatly in the degree in which they espouse, if at all, values by a single cultural group, such as their national culture” [1]. As a result, people can identify with several different cultures often at one time. This creates difficulties in allowing one person to seek compensation from another purely on the basis of identity politics – individuals at least partially define their own culture and it may only be one among multiple cultures they identify with. Culture itself has a complex nature; it adapts, borrows and evolves. It also influences lives in different ways and to different extents. No culture is fully homogenous. Because of this, any model for the extent of compensation would almost be impossible. Somebody with a long distant relative of which they haven't met, could potentially gain compensation for something that doesn’t directly affect them. They may even identify with the majority culture that is doing the compensating. Conversely some who identify with the culture being compensated may not be eligible for compensation even if they are directly affected. [1] Snodgrass, Coral R., & Szweczak, Edward J. "The Substitutability of Strategic Control Choices: An Empirical Study". The Journal of Management Studies. Vol. 25. 1990. |
traditions house believes compensation should be paid those who have had their | globalisation and multiculturalism. Cultural appropriation prevents assimilation between members of society and creates further divisions based on arbitrary features of one’s ancestry or appearance. If reparations (through the use of compensation) were to occur in addition to this, it would create a more polarised and divided society as an 'us and them' culture is created. A consequence of globalisation is the movement of people and the diffusion of knowledge [1]. This happens on a mass scale where it is possible for a person from India to travel across the globe to the United Kingdom (UK) and get there within 24 hours of booking their flight. With this, the spread of technology and knowledge it is inevitable that culture and identity does not remain fixed either. It also means that an increasing amount of people have more than one culture. A direct consequence of increased migration is that migrants are likely to bring with them their cultural customs. An example of this can be seen in the UK. As the UK faced more migrants from the Sub-continent of India, the popularity of different curries increased, and not just among those of Indian decent. In such circumstances cultures begin to merge as the traditional 'Chicken Tikka' recipe was adapted into a localised version called 'Chicken Tikka Masala' and was, in 2001, declared the UK's national dish. Without globalisation, Britain's £3.6bn Indian restaurant industry would not exist and it would fail to employ approximately 100,000 people [2]. Any reparations would be paltry compared to the jobs that this industry has created over decades. This is a positive thing; it brings cultures together, encourages understanding, innovation and cooperation. Forcing people to compensate for the appropriation of a culture may mean that there is less social harmony as divisions are forced between cultures. For the following generations of migrants will be forced to choose a culture as cultural appropriation encourages division between the two. [1] Stief, Colin, ‘Globalization’, ThoughtCo., 3rd March 2017, [2] Wintor, Patrick, ‘Chicken tikka Britain is new Cook recipe’, The Guardian, 19 April 2001, |
traditions house believes compensation should be paid those who have had their | The use of compensation is effective in combating more 'deep-rooted' issues of racism in society. This is because compensation gives the minority communities the recognition, credit and any financial benefit that comes with this, of which they deserve. Highlighting other cultures and their achievements by preventing cultural appropriation will change attitudes so encouraging equality of treatment. |
privacy house would not allow companies collectsell personal data their | It is simply not true that people are bothered by their personal information getting out, or at least they are unwilling to do anything about it. In a recent survey 85% of respondents said they were aware that they were being profiled by advertisers as they browse the Internet. [1] They know that this data is what companies use to enable sophisticated advertising directed at them and to determine what the market wants. While some people feel it a bit disconcerting that their computer seems to know what might interest them, as in the case with targeted advertising based on personal search data, many others have found that the targeted advertising has made the seeking out of desired goods and services far easier. Also, a policy of disclosure such as that mandated in the EU might be employed in which services inform users that their data will be collated and give them the option to leave the site before this occurs so as to ensure that individuals really are aware. [1] Ives, D., “Anonymizer, Inc. Survey Finds Most Consumers Confused About Online Safety Measures”, Anonymizer, 19 October 2010, |
privacy house would not allow companies collectsell personal data their | Consumers tend to feel alienated by spreading of their personal information for profit People experiencing the use of their personal details by companies have largely been found to see the process as extremely invasive and unsettling. Many have felt violated by the exploitation of their personal lives to market them products, often from people to whom they never consented to hand over information. This feeling has been demonstrated through significant public outcry and backlash, as well as empirical results showing these attitudes becoming more and more widespread, particularly in the case of online targeted advertising, which is the most well-known use of personal information. The best example of such backlash is the result of Amazon.com’s “dynamic pricing” system, in which the company varied its offerings and pricings to customers based on information gathered about them from prior uses. The result was a severe backlash that cost Amazon business until it ended the policy. [1] This has led to a blunting of the desired outcome of such marketers who experience declines in uptake rather than increased and more efficient reach of marketing. Furthermore, the targeted marketing that arises from these forms of information storage and sale can tend toward stereotypes, using programmes that favour broad brushstrokes in their marketing, resulting in stereotyped services on the basis of apparent race and gender. When this happens it is all the more alienating. [1] Taylor, C., “Private Demands and Demands For Privacy: Dynamic Pricing and the Market for Customer Information”, Duke University, September 2002, p.1 |
privacy house would not allow companies collectsell personal data their | Companies have been making great strides in the realm of data protection and will no doubt continue to do so as it is in their interest to keep any information they have to themselves. They have far more resources and much more sophisticated equipment than the hackers, and while there are resourceful individuals out there, the power of the corporate structure allows them to fend off attacks with greater and greater effectiveness. As these security technologies become more advanced people should feel more and more comfortable with companies holding their data. |
privacy house would not allow companies collectsell personal data their | Collecting and selling personal information is a major violation of privacy The gathering of personal data that companies undertake is done in a fashion that is fundamentally invasive of individuals’ privacy. When individuals go online they act as private parties, often enjoying anonymity in their personal activities. Companies, particular online services, collate information and seek to use it to market products and services that are specifically tailored to those individuals. In the context of the internet, this means that individuals’ activities online are in fact susceptible to someone else’s interference and oversight, stealing from them the privacy and security the internet has striven to provide since its inception. At the most basic level, the invasion of privacy that collating and using private data gleaned from customers is unacceptable. [1] There is a very real risk of the information being misused, as the data can be held, and even resold to third parties that the customers never consented to giving their data and might well not want to come into possession of their personal details. This can lead to serious abuses of individuals’ private information by corporations, or indeed other agents that might have less savoury uses for the information, most obviously the more places your personal information is the more likely it is to be lost in a data breach with 267million records exposed in 2012. [2] Even when the information is not exposed it may be used in ways that have a real impact on the individual such as determining credit scores. [3] People as a matter of principle should have control over who gets access to their private information. Giving companies that are driven by profit motive to sell on their customers’ data to anyone that might offer a suitable price stands as an absolute theft of personal information and privacy. [1] The Canadian Press. “Academics Want Watchdog to Probe Online Profiling”. CTV News. 28 July 2008. [2] Risk Based Security, “2012 Sets New Record for Reported Data Breaches”, PR Newswire, 14 February 2013, [3] Morris, J., and Lacandera, E., “Why big companies buy, sell your data”, CNN, 23 August 2012, |
privacy house would not allow companies collectsell personal data their | Much of the “personal” data that is kept, collated, and sold is freely available online already and can be protected in many ways. The programmes that are used to collect information online, where most of this collation takes place, often do not ever gain real access to individuals’ identities, but rather only have access to search details. It is highly unlikely that any of this information could be used to identify actual individuals, and where it can it is safeguarded by laws regarding privacy. Furthermore, the information in question is put into the public sphere by individuals availing of services and may well not be guaranteed any form of special protection. They exist and are revealed in the public sphere, and belong there. |
privacy house would not allow companies collectsell personal data their | Data breaches can result in huge amounts of personal data falling into unscrupulous hands The data collected and sold by companies is not safe. Servers with even the most sophisticated security systems are susceptible to hackers and other miscreants seeking to exploit the personal data of unsuspecting customers. Identity theft is a ubiquitous threat in the Information Age, one that increases every year as the arms race between data protection designers and invaders rages on. Data breaches have been rapidly increasing [1] and although the total number declined from 412 million exposed records in 2011 to 267 million in 2012 this has increasingly been due to hacking rather than simple negligence. [2] The result of these breaches is huge costs to individuals who have their identities and also to firms that appear to be unsafe. As individuals see companies as being uncaring of their information they tend to punish them in the market. [3] There is no opt-in because the individual has no means of seeing to whom the data is sold, and how secure their servers might be, putting them doubly at risk. Firms are better off not playing with fire and keeping data that could have huge potential costs to them if it is lost, and individuals are better off not having their information disseminated across cyberspace without any guarantee of its safety. [1] Federal Trade Commission. “Privacy online: Fair information practices in the electronic marketplace: A report to Congress. Technical report, Federal Trade Commission”. May 2000. [2] Risk Based Security, “Historically, Over 1.2 Billion Records Exposed According to Risk Based Security, Inc.” Risk Based Security, 22 February 2012, Risk Based Security, “2012 Sets New Record for Reported Data Breaches”, PR Newswire, 14 February 2013, [3] Acquisti, A. “The Economics of Personal Data and the Economics of Privacy”. OECD. 2010, |
privacy house would not allow companies collectsell personal data their | It is not particularly reassuring that it is large organisations and in particular big business that keeps these immense datasets. They have their own agendas for how they use this information and if this is simply for pushing products then many people would want no part of it. Analysis are wary about how big businesses will use big data as there is the concern that it will be manipulated, misread or even just plain wrong. [1] While the information may benefit small businesses it is not these companies that have control of the data; they are reliant on it being shared with them by the already dominant much bigger firms who are likely to choose to do business with other big businesses. [1] PewInternet, “The Future of Big Data”, Pew Research Center, 20 July 2012, |
privacy house would not allow companies collectsell personal data their | It is difficult to see how this advertising is better for business overall. The consumer still has the same amount of money so will overall still spend the same amount. They may spend it on different things as a result of more targeted advertising, assuming that the consumer is not alienated by the personalised advertising, but is that a benefit? Moreover even if companies are successful in advertising their wares more effectively to their customers, it does not change the fundamental violation of privacy upon which such advertising relies. The norm of selling personal data is hugely dangerous to engender in society, as it produces more and more a sense of entitlement to others’ personal lives. |
privacy house would not allow companies collectsell personal data their | The sort of information being kept and sold is legitimate for firms to utilize in this fashion Personal information given to companies is dispersed into the public sphere in a limited fashion. Once placed into the hands of a firm it ceases to be any sort of absolutely protected private right (if it ever was), and is instead now within the sphere of the company with which the individual has opted to interact. It is the natural evolution of how people’s information informs the economic sphere. [1] With regard to selling that information on, it is clearly information the individual is willing to disclose in the realm of commerce so it should make little difference what commercial entity is in possession of the data, especially considering that the information is then only utilized to make their experience online more efficient and valuable. It is also important to consider the exact kinds of information conventionally revealed through the personal data mining efforts of firms. They rarely even access the true identity of the user, but rather make use of second-hand information gathered from search histories, cookies, etc. to generate a consumer profile the firm hopes reflects the preference map of the user. The individual's identity is not revealed in these most frequent cases and the information is usable through the impermeable intermediary of security settings, etc. Thus firms get information about users without ever being able to ascertain the actual identity of those individuals, protecting their individual privacy, if such is a concern. [2] For this reason it cannot be said that there is any true violation of privacy. All of these data-gathering efforts of companies reflect the continuation of firms’ age-old effort to better understand their clients in order to best cater to their desires. [1] Acquisti, A. “The Economics of Personal Data and the Economics of Privacy”. OECD. 2010, [2] Story, L. “AOL Brings Out the Penguins to Explain Ad Targeting”. New York Times. 3 September 2008, |
privacy house would not allow companies collectsell personal data their | The storing and sale of personal data aids companies by making marketing more efficient and allows niche markets to thrive Businesses have been able to use consumers’ personal information to produce far better, more efficient, and more targeted advertising. Traditionally advertisement has been used to reach mass markets and has thus been used mostly as a blunt instrument, targeting the largest and wealthiest demographics in order to get the most efficient use of scarce advertising budgets. The focus on large markets has often left smaller, more niche, markets by the wayside. [1] Yet with the advent of the internet, targeted marketing, and data collection services, firms have been able to create whole new markets that cater to less homogenous needs and wants. The result has been a Renaissance of specialty manufacturers and service providers that could never arise if it were not for the collection of personal consumer data. By targeting their advertising, firms have been able to scale back on the broader advertising, making the whole endeavour less costly and more efficient. On the broader level, companies are able to utilize the vast amounts of individual data compiled to allow them to determine broader changes in society’s consumer desires, to establish aggregate trends. [2] E-commerce accounts for more than $300 billion in the US. This information gathering makes all businesses more responsive to consumer demands and to cause them to change their offered services and products far more swiftly, to the benefit of all consumers. Businesses have thus been able to flourish that might once have languished without access to a means of accessing their market or been unable to change with changing tastes. Because of the proliferation of personal information aggregation we can enjoy a far more efficient business world, with lots of producers that can compete with the larger mainstream on a more even footing, and a mainstream that is more able to meet the ever-changing demand structure of consumers. [1] Columbus Metropolitan Library. “Using Demographics to Target Your Market”. 2012. |
privacy house would not allow companies collectsell personal data their | The sale of personal data makes for better advertising that benefits consumers By targeting demographics and personal profiles by way of acquiring and utilizing personal data, businesses are able to put forward their services in a more targeted fashion in order to reach their target markets and to more effectively understand the broader market more generally. The limited budgets that constrain all companies has traditionally forced producers in the mass market to advertise to broad demographics and majority markets, resulting in a relative dearth of niche markets and breadth of services available in the mass market. Utilizing personal data effectively allows firms to enrich the lives of all consumers by expanding the range of marketable products and the furnishing of services to more eclectic tastes. [1] The vast numbers of websites and services proliferating online makes it much harder for people to find what they are looking for, but more importantly what they are not looking for but would want if they knew it existed. Data-mining allows for the channels of information to flow more effectively to consumers (Columbus, 2012). On the individual level companies are able to create individual profiles from information, so they can target them directly with things that might interest them. This strategy is used on Facebook, for example, users are shown ads that most fit their profiles giving them access to services they might not have ever found without the service. [1] Deighton, J. and J. Quelch, “Economic Value of the Advertising-Supported Internet Ecosystem”. IAB Report. 2009, |
privacy house would not allow companies collectsell personal data their | Firms’ data collection serves as a very real threat to individuals’ privacy and identity on the internet. Anonymity is certainly not wholly guaranteed through these tactics, and the information is not entirely safe. When individuals use the internet they often do not pay close attention to what is happening with their personal data. When they do not even know what information they are giving out they cannot meaningfully keep track of their privacy. Many hackers have made use of companies’ data collection efforts to gain access to peoples’ personal information, thus revealing information that individuals clearly never consented to. There must be some boundaries in the physical and digital world that marketers should not cross. Keeping and selling potentially sensitive information of clients certainly falls in this category. |
digital freedoms intellectual property house believes governments should | The first firm to shift to the open source approach was Netscape with its Navigator web browser, because it was being outperformed by the closed source Microsoft Internet Explorer; Netscape made the shift out of desperation. This is exactly the same reason why Sun and Real have made their programs open source - Solaris was being squeezed by Windows based server software and RealPlayer by iTunes and Spotify. Similarly, the patents which IBM is sharing and the narrow range of source code that Microsoft is now opening up relate to sectors and product markets where neither firm is dominant and where they hope they can leverage the programming community to boost the quality of the software they are offering. Since Microsoft launched the Open Source Initiative, it has not expanded it in response to other governments threatening to shift to open source software. Therefore, we should not view this initiative as the beginning of a trend. |
digital freedoms intellectual property house believes governments should | Government contracts can change the software industry for the better. Even when governments do not ultimately select an open source program, by simply including them in the competitive bidding process, they have been able to radically change the approach that Microsoft and other closed source companies take to producing IT solutions. Under threat from Linux, Microsoft has launched the Open Source Initiative through which it shares elements of some of its programs’ source code with key partners to enable the development of software for platforms like Windows Mobile [i] . More dramatically, in 2002, Real Networks opened up the source code for its world renowned RealPlayer media and music software package and, in 2005, IBM offered 500 key patents (out of 40,000) to the open source community. Sun Microsystems released its Solaris server operating system to the open source community under the Common Development and Distribution licence in 2005. If you accept that the open source software industry is a positive force, then simply by considering open source software, governments are doing well. [i] Ed Hansberry. “Open Source WebOS: A Win For Windows Phone?” Information Week. 12 December 2011. |
digital freedoms intellectual property house believes governments should | The network effect is more complex than the argument that, if a government uses a product, then its population will too. Firstly, 90% of desktop PCs use Microsoft products; the cost for companies and citizens to transition from Microsoft to an open source alternative makes it prohibitive in the short term. Secondly, open source software works on the basis of a constant flow of updates and minor changes; this may be suitable for servers (where it has already made most impact) managed by IT professionals, but the average citizen or government worker would require continual training and re-training before they could be trusted to implement and use such updates correctly. Open source software is being jumped on by some governments as a tool to attack Microsoft’s monopoly but, in the end, it will cost them time and money. |
digital freedoms intellectual property house believes governments should | Open source software is more adaptable to government needs. Open source software starts from a completely different viewpoint of how products should be created. Rather than resembling a traditional hierarchical organisation (such as an early twentieth century business, an army or a monastic order) where everyone has their own clearly defined role and are told how to proceed by a top-down central authority, open-source software development is more like an open market where everyone is engaged in the same activity but come at it from different directions. [i] Out of this cacophonous market, a more fluid product emerges. The basic advantage of open source software is that, as users can read, redistribute, and modify the source code for a piece of software, it evolves. This means that users and programmers can improve, adapt and fix the software at a much faster pace than Microsoft or another closed source developer can match. The highly collegiate culture in which contemporary approaches to coding evolved continues to create programmers who are naturally curious about the functions and features of new software. Open source software harnesses the wide range of ideas and methodologies that different coders use to writer software to refine and improve existing programmes. Open source software solicits a wide variety of solutions to particular coding problems; the more solutions that coders generate, the more likely it is that an optimal solution will be discovered. Not only does the approach described above result in the creation of higher quality programmes, it also allows businesses and individual coders to easily adapt existing programmes to their needs. Monopolistic producers like Microsoft have an incentive to slow the pace of change, whereas the open source community will simply choose the best solution. In this way, open source software is more robust and more responsive to governments’ changing needs than closed source alternatives. [i] Raymond, Eric. “The Cathedral and the Bazaar.” Cunningham & Cunningham. 18 February 2010. |
digital freedoms intellectual property house believes governments should | Open source software is not bug-proof and requires far more updates than the closed source alternatives. In fact, the most successful open source software after the operating system Linux is Apache, an open-source web-server which holds around 65% of the global market, and MySQL, an open-source database [i] . Both pieces of software are far from innovative; they are essentially just stripped-down versions of closed source programs. Real innovation is driven by the profit motive and comes from the knowledge that a firm can capitalize on a discovery, as Google has done with its search algorithm. For this reason, the open source software movement is doomed to producing mediocrity. As governments choose IT systems for five to ten years, they should look to a reliable closed source solution which provides quality rather than buying into a nebulous idea of ‘moral software’. [i] “Microsoft’s IIS web server market share is falling.” Webserver. 3 October 2011. |
digital freedoms intellectual property house believes governments should | Governments can re-define industry standards by choosing open source software. Economists use the term ‘network effect’ to describe the phenomenon whereby, as several people use the same communication platform (be it a specific device, such as a telephone, or a complicated service, such as Facebook), it becomes more valuable for others to use because they can share and collaborate on work with a wider range of individuals. Network effects explain why Microsoft’s monopoly of around 90% of the desktop market with its Windows and Office software has been so hard to challenge [i] . Governments are one of the few organisations which can define industry standards because citizens and businesses increasingly have to interact with governments electronically. Brazil’s Digital Inclusion Program, for example, has selected open source software for 58 government units rather than Windows or Microsoft Office [ii] . The result is that businesses and Brazilian citizens can use the same open source software at home, knowing they will be able to interact with their government. As open source software is often either free or cheaper than closed source alternatives, this approach enables local authorities, private businesses and individual citizens to interact more easily with the state, removing many of the obstacles and objections to the wider adoption of information technology. [i] Lie, Hakon Wium. “Microsoft’s forgotten monopoly.” CNET News. 19 June 2006. [ii] Fried, Ina. “Brazil: Digital inclusion, but how?” CNET News. 27 August 2008. |
digital freedoms intellectual property house believes governments should | As the demands of government IT departments become more and more complex, software developers are forced to become increasingly specialized. Yet big firms like Microsoft often lack specialist depth and an understanding of niche markets (such as the market for specialist brail screen readers, which blind individuals use to interact with computers). In many instances, governments’ needs will be better met by the open source market, where innovation and flexibility are built in. One area where is the open source community’s ability to innovate is particularly relevant to governments is language; Microsoft only supports 33 languages in Windows XP and around 20 in Office XP, as they do not have the economic incentive to provide versions for other languages and dialects. Yet governments often need to provide access to information in dozens of languages and dialects (particularly in countries like Spain with regional languages like Catalan and Basque, or India with its 18 official languages and 1000 dialects). Open source software can easily be adapted to those languages. For instance, OpenOffice has been adapted into 75 languages including Slovenian, Icelandic, Lao, Latvian, Welsh, Yiddish, Basque and Galician, and Indian languages such as Gujarati, Devanagari, Kannada and Malayalam. By using the open-source model of sharing the workload between many users, the Hungarian Foundation for Free Software was able to translate OpenOffice in three days with the help of just over a hundred programmers. By providing software specialized for the local market, government can encourage greater IT usage by citizens, thereby increasing the skill level of the workforce and multiplying the cost savings made by shifting government services online. |
digital freedoms intellectual property house believes governments should | While open source software is not always free, it tends to be significantly cheaper than closed source alternatives. For instance, the Brazilian government’s decision to adopt open source software for its housing department in 2005 has generated savings of $120m a year. [i] Given that, the United States government alone spends $80 billion a year on information technology, the potential for total cost savings is enormous. [ii] The money saved could be used to fund more important government expenditure such as healthcare or education – the very activities that, it was claimed, could be delivered more efficiently and cheaply following widespread adoption of IT systems. Furthermore, simply by discussing adopting open source software, Microsoft has been forced to reduce its prices; it cut its prices by $35m to match Linux’s offering to the city of Munich and, when Brazil began discussing its future software plans, Microsoft was forced to offer to release a cheaper version of its new operating system, Windows Vista. [iii] Ultimately, this not only helps governments, but also helps Microsoft, as many developing nations currently rely on pirated copies of Microsoft software which undermines attempts to stop copyright fraud. [i] Kingstone, Steve, ‘Brazil adopts open-source software’, BBC News, 2/05/2005. [ii] ‘Using Technology to Drive Productivity Gains’, Performance.gov, accessed 25/07/2013 [iii] Bailey, Dave. “Microsoft faces value challenge.” Computing. 18/06/2003. |
digital freedoms intellectual property house believes governments should | Open source software undermines national security. Even if closed source software firms are ultimately answerable to their shareholders, their shareholders want them to produce software which meets the needs of their customers so that they can sell their products. That is why Microsoft has offered a cheap version of Windows Vista to developing nations, and has been willing to cut the price of its software in negotiations with governments around the world. More worrying than the burden that closed source software places on a government’s coffers is the threat that open source software presents to a state’s security. By definition, the code for open source software is freely available. However, the continual attempts to hack into government computer systems demonstrate that many of the same hackers are now moving beyond mere targets of opportunity. Hackers could well take advantage of the increasing ubiquity of open source code to attack national computer systems. The additional security that open source software claims to benefit from is an illusion. Rather, it is the lack of ubiquitous open source platforms that has kept OSs such as Linux and BSD safe from attack. The possibility that an might yield some form of a reward is reduced when a hacker is presented with fewer viable targets. Although open source code may give ethical and honest coders more opportunities to spot the flaws in programmes, it also incentivises hackers to invest their efforts in spotting such flaws first. |
digital freedoms intellectual property house believes governments should | Closed source software is better at meeting consumer needs. Closed source software companies are more than capable of segmenting their products to reach each part of the market, as Microsoft has shown by producing its new Windows 7 operating system in a record six different versions. Microsoft’s monopoly of desktop computers ensures that if a programmer produces a niche software package or software translation for a specialized purpose, that programmer knows that potential clients will almost certainly be able to run the program if it is designed for Windows. If this monopoly is broken up and governments start to push Linux or other open source alternatives, the programmer will either have to develop for two or more platforms, thereby increasing the cost of the final product, or they will have to gamble on a single platform; both options would reduce the likelihood of the niche solution reaching the clients that need it. While open source software does allow anyone to spot a potential market and customize software to sell to that market, that access is also its great undoing. The type of accessibility that many open source products pride themselves on providing leaves projects open to abuse, either by well-meaning amateurs or intentional wreckers. Constant self-policing by the open source community is required, in order to guarantee the stability of the software it creates. An analogy can be drawn with Wikipedia, where the freedom of the mob led to defamatory statements being written about the former editor of USA Today [i] . Governments should be wary of relying on an anarchic, self-organising community to serve their IT needs, no matter how smart and well intentioned the members of that community may be. [i] Seigenthaler, John. .”A false Wikipedia “biography”.” USA Today. 29 November 2005 |
digital freedoms intellectual property house believes governments should | Open source software is more expensive for governments in the long run. Open source software is often confused with free software; in fact, it is usually provided at some cost to the user. More importantly, if a Microsoft product fails, a government IT department knows that it can rely on a patch or technical support. Whereas, with open source software, they are left waiting on a community to get round to tackling the problem. This has meant that governments which choose open source software have had to pay for expensive support packages, which makes the total cost of the IT solution similar to that of the closed source software. This has been to the advantage of major consultancy firms, which are often chosen to put together IT solutions and who can make more money from pushing expensive support contracts than on upfront costs for software. In the rush to find the software with the cheapest sticker price, there is a risk that governments will end up paying more overall for open software that lacks the accessibility and features of the closed source alternatives. |
digital freedoms intellectual property house believes governments should | This is a matter of national security and sovereignty, as well as one of cost effectiveness. Governments around the world are increasingly shifting their operations online, which has created a vast number of digital tax returns, criminal records, DNA databases and so on. At present, access to, and use of, this information is dependent on private companies which design software to benefit their shareholders. Open source software hands control of the software needed to access that data to the government and the nation itself, and gives it the ability to shape the data and software based on its own interests. Hackers have often attacked Microsoft products because of the ubiquity of its closed source software. Hack and malware attacks are ultimately speculative ventures. They target systems that have not received essential security software updates; systems that are operated by naive and inexperienced users; or delicate specialist systems that can be disrupted by a high volume of legitimate, non-aggressive commands and interactions. Such opportunistic attacks are more likely to succeed if hackers are able to direct their efforts toward uncovering the flaws in a single operating system – such as Windows. In the past, attacks have focussed on consumers and small businesses. By moving away from closed source products, governments can decrease the likelihood that crucial government data will be compromised by a hacker or a virus attack. |
access information house would block access social messaging networks | There is little evidence that cutting off the internet or mobile phone networks would be effective. Riots occurred before mobile phones and the internet were invented and spread just as worryingly. Cutting off access would be an inconvenience but little more than that. Blaming the technology is not helpful to finding the real solutions to preventing rioting which is engaging with the underlying problems. [1] [1] Metcalf, J., and Taylor, M., “Technology has always been blamed in times of unrest”, guardian.co.uk, 7 December 2011. |
access information house would block access social messaging networks | Non violent methods of disrupting riots must be tried before using force When riots are on-going then the police needs to act but the safety of everyone involved should be considered to be paramount. If a riot will not disperse peacefully then the police often find they need to use batons, water cannon, or even in extremis tear gas or rubber bullets. It is the police’s duty to bring back public order by stopping riots through these methods. However this should not be at the expense of a much more preventative approach that shutting down social media networks would allow. If during instances of rioting the police are able to prevent those rioters from encouraging their friends to join them so expanding the riots then this is the right course of action to take. Rioters used social media like activists, to outmanoeuvre the police targeting areas where there was little police presence. Cutting off their means of communication would make this much harder and less effective. [1] This has been used effectively in the past; the San Francisco BART, shut down mobile phones on its network to prevent protests which it feared could lead to clashes with commuters, it may well have been the reason why there were no such protests, but it did spark outrage over violations of freedom of speech. [2] [1] O’Rourke, Simon, “Empowering protest through social media”, Edith Cowan University Research Online, 2011, P.51 [2] Cabanatuan, M., “BART admits halting cell service to stop protests”, SFGate, |
access information house would block access social messaging networks | Preventing word from getting out through social media and stopping those who inevitably try to take advantage of the rioting to ferment violence elsewhere is not something the police should be doing. In a free country anyone should be allowed to report on what they are doing and on riots that are occurring. Moreover a shutdown would be ineffective at preventing the news getting out as the traditional media would still be broadcasting. In 270 interviews done by researchers into the riots more than 100 people said they heard about the riots through TV news, more than through social media. [1] [1] Adegoke, Y., and Ball, J., “Twitter? Facebook? Rioters saw it on TV”, guardian.co.uk, 7 December 2011. |
access information house would block access social messaging networks | Free speech is not useful in this context, as riot is never legitimate in a free society Riots should not be tolerated in a free society as there are already legal and peaceful methods of dissenting such as through demonstrations, petitions, and contacting your representative in Parliament. It demonstrates a fundamental unwillingness to engage with not only the apparatus of the state, but society more generally. Rioters have no regard for the public, and the violence and damage they cause harms everyone. Riots tend to do little to actually challenge the state, but rather they tend to harm the most disadvantaged, those who happen to be in the vicinity of the mobs. The freedom of speech social media provides to its users is being fundamentally misused in the context of riots. [1] When speech is used to organize violence, it must be curtailed for the sake of society as individuals security and safety is more important that freedom of speech that is briefly curtailed. Violence damages long after the event whereas those who have their freedom of speech curtailed for a few hours can swiftly voice their opinions once the riot has ended and the block lifted. [1] Thomson, A. and Hutton, R., “UK May Block Twitter, Blackberry Messaging Services in Future Riots”. Bloomberg. 11 August 2011. |
access information house would block access social messaging networks | Of course we do not want freedom of speech to be misused to incite and organise rioting and violence but that does not mean that it is always illegitimate. Riots may sometimes be the natural outgrowth of bad policy and a government that has been unwilling to listen to peaceful forms of protest. Disenfranchised groups may be forced in extremity to turn to these sorts of activities and the state should take heed when they occur instead of seeking to wield its power over the internet and mobile phones to crush dissent. This is what happened in the revolutions in the Arab world. When a riot does have a substantive cause then it is essential that social media is accessible as it is the way for the rioters to get their side of the story across. |
access information house would block access social messaging networks | Rioters will always find tools by which to organize. The internet is a remarkably fecund environment, one in which solutions to problems are quickly found. If the government were to block Twitter, enterprising demonstrators would quickly find an alternative. The violence will still escalate, and blocking out a website will fail to accomplish anything other than alienate Twitter users from the state and anger at its impositions. |
access information house would block access social messaging networks | Would stop riots from spreading The police must try to stop riots from spreading and stop copycat rioting elsewhere. Knowledge of rioting happening elsewhere is often the Oxygen of riots; the riots in Manchester and elsewhere outside of London in 2011 were mostly as a result of media exposure. According to Greater Manchester Police chief Peter Fahy "A certain group of people saw what was happening in London and decided they seemed to be getting away with it. We knew what was absolutely critical was that there needed to be control of London. Because that was just creating more and more copycat violence up here." [1] Cutting off social media would have helped prevent the riots from spreading so ensuring that they remain small and a localised problem. [1] Pilkington, D., “Rioting in London sparked 'copycat' behaviour”, The Independent, 14 November 2011. |
access information house would block access social messaging networks | Social networks serve as a powerful signalling device for the expansion of violent behaviour By using Twitter to signal the start of riots it attracts people to join the mob. People in riots generally look to those around them in order to see what is considered acceptable behaviour. As boundaries are crossed, such as the change from indiscriminate vandalism to looting, and reported on Twitter, the same behaviour echoes elsewhere. The lens through which rioters determine acceptable behaviour is expanded, so the chance of behaviours like looting rippling across the various mob groups within a locale increases. One escalation of violence becomes multiple escalations. Twitter is thus a serious danger to society during periods of social unrest and rioting, because it acts as a catalyst for further mayhem. By blocking Twitter governments are able to manage flashpoints and prevent them from expanding violence to other locations. This makes riot situations both less likely to escalate, and easier to break up. |
access information house would block access social messaging networks | Private companies have no right to do business when that business is facilitating violence even if that facilitating is unintentional. Sometimes brief impositions are necessary to secure public order. In the course of a riot Twitter can be blocked temporarily to have a meaningful effect on its coordination, extent, and level of violence. This however need not cause problems with those uninvolved not receiving prior warnings as the police could do this before shutting down the network in the local area. And of course when the riot is over the service can return as normal. Ultimately the disruption is very brief, and not likely to ruffle too many feathers overmuch. |
access information house would block access social messaging networks | Internet users rely on high visibility for their comments to be significant. When Twitter is shut down, or its replacement, the new sites that pop up must start again in building numbers. [1] Without sufficient numbers on the network they will be able to build up momentum for riots online. The result is a significant blunting of the network’s ability to develop or act in a riot scenario; a site is not useful for directing riots if most of those who would riot or are rioting are not on that network. [1] Berger, J.M., “#unfollow”, Foreign policy, 20 February 2013. |
access information house would block access social messaging networks | Blocking social networks denies people the ability to mobilize on genuine social issues The state may not be the best placed to gauge the legitimacy of riots. Oftentimes riots are the result of massive social pressures, like poverty or limited integration of immigrant communities. When these issues are not properly addressed, or outright ignored by the ruling elites, they boil over. Positive things can come from riots. They can put the issues on the table and bring them screaming into the public consciousness. This is the difference between the Arab Spring that was considered legitimate and the London riots that were not, apart from the initial peaceful protests the riots did not have an agenda to create change. [1] The government suppressing legitimate demonstrations, whether they do it with physical force or internet repression, ultimately serves only to push away the problem, to continue to ignore it. [2] Blocking social networks therefore only seeks to muzzle the expression of outrage that is sometimes entirely justified. The media attention and organizing power of social networks serves to get people engaged, motivated, and visible. The government should not seek to stop that. They should seek to prevent protest and demonstration from spilling into violence. Blocking access to social networks will not aid in that endeavour. [1] Stylianou, A., “Cyber Regulation and the Riots”, Legal matters, Autumn 2011. [2] Dugan, L. “Blocking Twitter During Riots a Bad Idea, Study Proves”. Media Bistro. 2011. |
access information house would block access social messaging networks | It is better to monitor riots through the social media rioters are using It is wrong to suggest that social networks only provide advantages to the rioters in a riot. Many of the networks that can be used are open to the public and even where they are not as with blackberry messenger the police and intelligence services can likely gain access. This means that the police can also benefit from rioters use of social networks. Allowing the rioters to communicate can help the police to track what the rioters are doing and potentially to intercept any plans before they can be put into action. The same logic is used with websites that promote extremist ideologies; it is often better to monitor them for the intelligence they provide. The police already monitor protest groups in this way during demonstrations and even use it to help police impromptu raves so will surely apply it to riots. [1] Yet the social media is useful in other ways, particularly after the rioting it can be used to work out who was involved and to provide evidence against them so making the police much more efficient at catching and charging rioters. [1] Rawlinson, K., “Activists warned to watch what they say as social media monitoring becomes 'next big thing in law enforcement”, The Independent, 1 October 2012, |
access information house would block access social messaging networks | The state can use blocking Twitter and its ilk as precedent to censor the internet in the “public interest” The state always likes to expand its powers over speech, particularly when that speech is damaging to the government’s credibility. The freedom of speech is a critical right in all free societies precisely because it is the ultimate check ordinary citizens have to challenge the powers that be, to express dissent, and to organize with like-minded people dissatisfied with the way government is running. The internet has been the most powerful and valuable tool in the expansion of individuals’ power of their governments. [1] The state quakes at the raw people power services like Twitter provides. It is the last frontier largely free of the state’s power, and the state has sought to expand its influence. By blocking Twitter the government would be able to get its first foothold in blocking free speech online. [2] The power of that beachhead would serve to give it further credibility in censoring other services online in the public interest. It is much better that the government be kept entirely out of these services, than let them begin the slow creep of intervention that would be a serious threat to the freedom of individuals on the internet. [1] Anti-Defamation League. “Combating Extremism in Cyberspace”. 2000. [2] Temperton, J. “Blocking Facebook and Twitter During Riots Threatens Freedom”. Computer Active. 15 August 2011. |
access information house would block access social messaging networks | Police should not block the communications and freedom of expression of law-abiding citizens The blocking of social networks, of the internet, or of mobile phone networks in times of riot would be an illegitimate curtailment of a private company’s right to do business and serve its customers. Social networks are business and have many users. Even more important is the impact on everyone who is not associated with the rioting. When these actions are taken it harms everyone, perhaps even millions of people at a given time. [1] The action taken by the state to seek to prevent the spreading of the riots is not only ineffective it is also a massive imposition on the rights of the citizens of the polity. Their freedom of speech is curtailed, business is harmed, and the riots continue. Studies of the use of Twitter during the riots in London showed that during rioting it was mostly used to react to the riots to send warnings to avoid trouble rather than incite violence. [2] Blocking access or cutting off communications would therefore mean putting at risk those people who otherwise would have been warned not to go near areas with rioting. [1] Temperton, J. “Blocking Facebook and Twitter During Riots Threatens Freedom”. Computer Active. 15 August 2011. [2] Ball, J., and Lewis, P., “Riots database of 2.5m tweets reveals complex picture of interaction”, The Guardian, 24 August 2011. |
access information house would block access social messaging networks | Monitoring a riot does not prevent the damage, destruction, and potentially loss of human riot that the riot causes. Rather than taking a reactive passive approach the police have a duty to try and save lives by making use of every tool they have to limit the size and extent of the rioting. |
access information house would block access social messaging networks | Blocking social networks will not work How are the police to block social networks when riots are ongoing? The idea that blocking an individual network like Twitter would stop online networking and reporting during riots is laughable and misunderstands the rapidity with which the internet community adapts to changed circumstances and attempts at censorship. Blocking Twitter might work once, but never again. This is why there have been suggestions that the police would go further and either cut off the internet or phone networks as they would effectively need to impose a communications blackout in order for it to be successful, much as the Chinese does in Tibet when there is unrest. [1] Even then the action may not work, rioters will likely simply post pictures and encouragement for the next night’s rioting once the internet and mobile connections are restored as governments would have to do if they did not want to affect the law abiding majority during the day. [1] Branigan, T., “China cut off internet in area of Tibetan unrest”, The Guardian, 3 February 2012. |
access information house would block access social messaging networks | The state curtails all kinds of speech when it is genuinely in the public interest. Blocking Twitter and other social networks during times of riot is a very particular case of intervention, one with specific manifest benefits for society. The internet is indeed a fantastic tool for social organization and dissent, but it cannot be abused at the expense of the public. |
access information house would block access social messaging networks | Even if their message is worth being spread, rioting and violence is not the way to do it. Using the tactic of riot to further an aim only serves to alienate the public which is brutalized by the violence in the streets. In effect when a protest turns into a riot it delegitimises itself and tarnishes its message. Blocking social networks will not occur when those protests are seeking to spread their message relatively peacefully but will only happen when they have already turned to violence when it becomes a useful tool in the arsenal of the state to forestall the worst violence by denying its ability to be spread rapidly through the internet. |
e internet freedom politics government digital freedoms freedom | As in the offline world, free speech isn’t unlimited Even in free societies, free speech isn’t always free. Free speech can be demeaning and hurtful to certain people or can even incite hatred and violence. [1] The first reason is why, under internet libel law, Internet Service Providers (ISPs) are asked to remove defamatory material and blogs take to moderating their comments more, [2] and the second is why Germany and France have outlawed Holocaust denial and Nazism. As in the previous arguments, accountable governments are attempting to strike a balance between free speech and where this can harm others. [3] A carefully struck balance between rights in the offline world shouldn’t have to be abolished, just because we’re now in the online world. [4] [1] Waldron, ‘The harm of hate Speech’, 2012 [2] Alibhai-Brown, ‘Freedom of speech can’t be unlimited’, 2009. [3] Minister: The UK “emphatically” supports free speech online but there are limits, 2012 [4] Schellekens, “What holds off-line, also holds on-line?”, 2006 |
e internet freedom politics government digital freedoms freedom | Internet regjulation is a euphemism for censorship Governments are trying to control what citizens can and can’t say online and what they can and can’t access. This can vary from France and Germany requiring Google to suppress Nazism in search results [1] to the Great Firewall of China, where the Chinese government almost fully controls what’s said and seen on the internet and has an army of censors. [2] This type of internet censorship is bad because citizens should have freedom of speech and uninhibited access to information, [3] a right so fundamental that we have enshrined it in the Universal Declaration of Human Rights [4] and reaffirmed by the participants of the World Summit on the Information Society in 2003. [5] [1] Zittrain and Edelman, Localized Google search result exclusions, 2005 [2] Internet censorship in China, 2010 [3] Free Speech Debate, 2012 [4] article 19, Universal Declaration of Human Rights [5] Declaration of Principles, article 4, 2003 |
e internet freedom politics government digital freedoms freedom | With the government as final decision-maker, at least the citizens and consumers have some say Regulatory capture does sometimes happen and when it does, it’s bad. But the risk of regulatory capture isn’t a sufficient argument to keep the government away from regulating the internet, because governments can also protect citizens and consumers from big companies. An example is the net neutrality debate. Content providers could have started paying Internet Service Providers (ISPs) to have their websites load faster than any other website (paid prioritization). Entertainment companies that also provide internet are currently being investigated for not allowing their competitors in the entertainment segment access to their network as internet provider. [1] This threatens the freedom of choice of the consumer, which is why governments have stepped in to ensure that companies aren’t allowed favour some websites. [2] If the government wouldn’t have been involved in regulating the internet, it couldn’t have stood up for consumers’ and citizens’ rights like this. [1] DOJ Realizes That Comcast & Time Warner Are Trying To Prop Up Cable By Holding Back Hulu & Netflix, 2012 [2] Voskamp, ‘GOP Attempt to Overturn FCC’s Net Neutrality Rules Fails in Senate’, 2011 |
e internet freedom politics government digital freedoms freedom | Regulating the Internet is a means for governments to spy on their citizens Governments around the world are tracking their citizens’ activities online. [1] They can use all sorts of techniques, like automated data-mining (i.e. via trawling your Facebook and Twitter accounts) and deep packet inspection of each electronic message sent (i.e. intercepting and reading your email). All these methods are violations of important principles. The automated data-mining violates the principle that people shouldn’t be investigated by their governments unless there is warrant for it (so there is reasonable suspicion that they have been involved in a crime). Also, data mining creates many false positives, leading to citizens being thoroughly investigated without probable cause. [2] Deep packet inspection violates people’s fundamental right to secrecy of correspondence, which is a violation of privacy. The problem with these government policies is that they’re hard to control – even in democracies: much of the spying is done by intelligence agencies, which are often able to evade democratic control on account of the need for secrecy rather than transparency. [3] [1] Reporters Without Borders, Enemies of the internet, 2012 and Kingsley, Britain won’t be the only country snooping on people’s internet use, 2012 [2] US Researchers Decide Spying On Citizens Is Bad, 2008 [3] Electronic Frontier Foundation, ‘NSA Spying’. |
e internet freedom politics government digital freedoms freedom | ‘Spying on the internet’ is nothing different from a normal police investigation Obviously, governments also use the internet and social media to investigate suspects. But when they’re doing this, they’re only using information that’s publicly available online. The technical term for this is ‘OSINT’, which stands for ‘Open Source Intelligence’, which means that it’s the kind of information that anyone with access to Google and a lot of spare time could have found. [1] When police investigations turn up more severe suspicions, then more extreme methods can be used to obtain evidence if needed, sometimes even actively asking hackers for help. [2] But methods like these are not necessarily bad: their disadvantages in use have to be weighed against their significant benefits. And governments are doing this, as is for example shown in Canada’s ‘Technical Assistance for Law Enforcement in the 21st Century Act’: governments try to extend the principles of due process and probable cause to the internet, but at the same time they need to be able to defend their citizens from harm. [3] [1] Wikipedia, ‘Open source intelligence’, 2012. [2] ‘NSA chief seeks help from hackers’, 2012 [3] ‘Technical Assistance for Law Enforcement in the 21st Century Act’, 2012 |
e internet freedom politics government digital freedoms freedom | Internet regulation is an attempt by big interest groups to regulate the internet in their favour Large companies have an active interest in shaping the structure of the internet. One example of this is the Stop Online Piracy-Act (SOPA), [1] wherein U.S.-based music and movie companies proposed that they themselves would be able to police copyright infringements against websites that are hosted outside of the United States. [2] The phenomenon whereby companies succeed in shaping government policies according to their own wishes is called ‘regulatory capture’. Another example from the telecommunications industry is the lobby effort by several large corporations, who have succeeded in eroding consumer protection in their favour. [3] If the government wouldn’t have been involved in regulating the internet in the first place, big companies wouldn’t have had any incentive to attempt regulatory capture. [1] 112th Congress, ‘H.R.3261 – Stop Online Piracy Act’ [2] Post, ‘SOPA and the Future of Internet Governance’, 2012 [3] Kushnick, ‘ALEC, Tech and the Telecom Wars: Killing America's Telecom Utilities’, 2012 |
e internet freedom politics government digital freedoms freedom | Government shouldn’t interfere with the internet economy It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2] When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6] [1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012. [2] Knopper, ‘The New Economics of the Music Industry’. 2011. [3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011. [4] ‘Government IT Projects: How often is succes even an option?’. 2011. [5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011. [6] ‘Dutch government unprepared for SSL hack, report says’, 2012. |
e internet freedom politics government digital freedoms freedom | Internet regulation isn’t an effective and legitimate means to create a safe internet Setting up CERTs aren’t an effective means to create a safer internet, because most of the threats are a result of ‘social engineering’, which means that hackers use social cues to con people into believing frauds. People usually fall for this because of their own gullibility and naïveté, like in Nigerian email scams. [1] The most effective means of combating these threats is to educate citizens directly, the FBI already does this with Nigerian email scams. [2] People and corporations are primarily responsible for their own actions, which includes taking care of their own internet security by obtaining anti-virus software, and which also includes corporations making sure their websites are safe to use or else face liability charges if they turn out not to be. Moreover, CERTs are illegitimate. They are illegitimate because they facilitate the sharing of information on specific persons across private and public organizations and because they are hard to control democratically. For example: the US-CERT is an agency residing under the department of Homeland Security. Through the sharing of information with private parties, these private parties, unwittingly, run the risk of becoming one of the government’s watch dogs. Moreover, this sharing of information is hard to control democratically: much of the information could be classified as secret, which means that citizens have no way of verifying whether public and private organizations are complying with data sharing regulations. [1] Plumer, ‘Why Nigerian email scams are so crude and obvious’. 2012. [2] FBI, ‘Nigerian letter or “419” fraud’. |
e internet freedom politics government digital freedoms freedom | Internet governance is necessary to combat heinous crimes committed via the internet The internet is a means of communication – therefore also a means of communication between criminals. And because it is global it creates global crime problems that need coordinated responses. One type of crime that has particularly become a problem on the internet is child sexual abuse material: the internet allows for an easy and anonymous distribution method which can even be secured by modern encryption methods. [1] Governments can help fight this by requiring ISPs and mobile companies to track people’s internet histories, hand over data when requested, and allow police to get information from them without a search warrant, something which has been proposed by the Canadian government. [2] In Australia, the government even proposed mandatory filtering of all internet traffic by ISPs to automatically filter out all child sexual abuse material. [3] Admittedly, these measures seem drastic – but in cases like these, or similar cases like terrorism, the harm prevented is more important. [1] ‘Child Pornography on the Rise, Justice Department Reports’. 2010. [2] ‘Current laws not focused enough to combat child porn online’. 2012. [3] Mcmenamin, Bernadette, ‘Filters needed to battle child porn’. 2008. |
e internet freedom politics government digital freedoms freedom | Internet regulation is necessary to ensure a working economy on the internet As seen above, the internet has enabled many types of criminal behavior. But it has also enabled normal citizens to share files. Music, movie and game producers have difficulty operating in a market where their products get pirated immediately after release and spread for free instantaneously on a massive scale. The internet enables violation of their right of ownership, gained through providing the hard work of creating a work of art, on a massive scale. Since it’s impractical to sue and fine each and every downloader, a more effective and less invasive policy would be government requiring Internet Service Providers to implement a graduated response policy, which has ISPs automatically monitor all internet traffic and fine their users when they engage in copyright violation. Something along these lines has already been tried in France, called HADOPI, which has succeeded in decreasing the downloading of unauthorized content. [1] Apart from this, governments also need to think about how to translate everyday offline activities onto the internet. For example, when you file your tax report offline, you would sign it with your handwritten signature. The online variant would be a digital signature. [2] Developing and deploying a digital signature would enable citizens and corporations to do business, file their tax reports and pay their taxes online. [1] Crumley, ‘Why France’s Socialists Won’t Kill Sarkozy’s Internet Piracy Law’, 2012 [2] Wikipedia, ‘Digital Signatures’, 2012. |
e internet freedom politics government digital freedoms freedom | Internet regulation is necessary to ensure a safe internet Citizens, corporations, and public organizations face several security threats when online: critical infrastructure systems can be hacked, like the energy transport system, [1] citizens can fall victim to identity theft, [2] and phishing, [3] whereby hackers gain access to bank accounts or other sensitive information. Specifically, it seems that the public sector is attacked the most. [4] In response to cyber-threats like these, many governments have set up Computer Emergency Response Teams (CERTs), Incident Response and Security Teams (IRTs), or Computer Security and Incident Response Teams (CSIRT; the fact that we haven’t settled on a fitting acronym yet shows how much it is still a novel phenomenon): agencies that warn citizens and organizations alike when a new threat emerges and provides a platform for (the exchange of) expertise in methods of preventing cyber-threats and exchanging information on possible perpetrators of such threats. Oftentimes, these (inter)governmental agencies provide a place where private CSIRTs can also cooperate and exchange information. [5] These agencies provide a similar function online as the regular police provides offline: by sharing information and warnings against threats, they create a safer world. [1] ‘At Risk: Hacking Critical Infrastructure’. 2012. [2] ‘Identity theft on the rise’. 2010. [3] ‘Phishing websites reach all-time high’. 2012. [4] ‘Public sector most targeted by cyber attacks’. 2012. [5] see for example the About Us page of the US-CERT or the About the NCSC page of the Dutch CERT |
e internet freedom politics government digital freedoms freedom | Battling hideous crimes shouldn’t lead us to draconian and ineffective policies Everyone is against child sexual abuse material. But in their drive to battle it, governments might go too far. For example, granting the police the right to search without (full) warrant is a harm to citizens’ basic right to privacy and freedom from unwarranted government surveillance. [1] The automatic internet filtering and data retention are possibly an even worse infringement on basic civil liberties: it designates all internet traffic and therefore all internet using citizens as suspect, even before a crime has been committed. This overturns the important principle that people are presumed innocent until proven guilty. Moreover, instead of the police and prosecution changing their behavior, internet filters hardwire these new assumptions into the architecture of the internet itself. [2] This means it is more all-pervasive and less noticeable, thus constituting an even worse violation. These draconian measures might even seem worth it, until you realise they don’t work: blocking and filtering technology makes mistakes and can be circumvented easily. [3] [1] ‘Online surveillance bill critics are siding with ‘child pornographers’: Vic Toews’. 2012. [2] Lessig, ‘Code is Law’. 2000. [3] ‘Why government internet filtering won’t work’. 2008. |
p ip internet digital freedoms access information house believes google | This doesn’t enhance Google’s business proposition at all Google already censors results all across the globe. It has been censoring digital piracy-related content since early 2011, but this hasn’t led to users abandoning Google for another search engine. [1] It has been leaving a backdoor open for the US Government, but this also hasn’t sent either users or employers packing. [2] Why should the small extra step of censoring according to China’s laws do so? [1] Sara Yin, Pcmag, ‘Google Censors Piracy-Related Terms from Search Tools’, January 27, 2011. URL: [2] Bruce Schneier, CNN, ‘U.S. enables Chinese hacking of Google’, January 23, 2010. URL |
p ip internet digital freedoms access information house believes google | Not censoring helps Google’s business proposition and corporate identity Google’s corporate motto is ‘don’t be evil’. This is partly an issue of corporate identity, and partly a clever business proposition. In both cases, complying with Chinese censorship rules damages Google as a company. The key to Google’s dominance in the search market is that users know Google will always deliver the search results most relevant to them. By adhering to censorship laws, users will trust the relevance of Google’s search results less, which hence erodes Google’s business position as users will be more likely to try alternative search engines. [1] [1] Rebecca Blood, ‘Google's China decision is pragmatic, not idealistic’, January 2010. URL: |
p ip internet digital freedoms access information house believes google | China won’t budge that easily China has already faced trade sanctions for its human rights abuses for years, in particular there are bans on arms sales by the European Union that are still in place more than twenty years after the Tiananmen Square massacre that precipitated them. [1] These haven’t helped a bit. [2] Why would a relatively small move like Google stopping its censorship work? Moreover: true reform in China has to come from within. When it’s forced from the outside, it will not be accepted. If Google stops cooperating with the government, reform-minded Chinese officials will have a harder time, because they will seem to be losing face in the eyes of more hardline officials. [3] [1] See debate on EU arms sales to china [2] James Dorn, ‘Improving Human Rights in China’, February 8, 1999. URL: [3] Shaun Rein, ‘Opposing View: Google’s Big Mistake’, March 28, 2010. URL: |
p ip internet digital freedoms access information house believes google | Not censoring its search results is a victory for human rights The problem with Google censoring its results, is that in doing so, it is complicit in China’s repression of free speech: it adapts its own search engine to display only the results the Chinese government wants, thereby limiting its citizens’ basic human right to free access to information (a corollary to free speech). By avoiding this complicity, Google is taking a bold, praiseworthy step towards enhancing respect for human rights in China and with it, Google can set an important example for other businesses with dealings in China. [1] [1] Human Rights Watch, ‘China: Google Challenges Censorship’, January 12, 2010. URL: |
p ip internet digital freedoms access information house believes google | Not censoring doesn’t advance human rights in China at all Human rights in China are violated on a daily basis. For example, the incidence of people ‘disappearing’ for no apparent reason has been on the rise. [1] These human rights violations won’t suddenly end if Google were to stop censoring its results. What’s more likely to happen, when Google stops censoring results at google.cn, is that Google.cn will get shut down within days – thus, leaving Chinese citizens with no good way at all to access information, since google.com is on the other side of The Great Firewall and Baidu is a Chinese company fully compliant with the government’s wishes. By staying, Google can at least broaden the access to information the Chinese citizens have, something Google itself had acknowledged in 2006 when entering the Chinese mainland. [2] [1] Human Rights Watch, ‘China: Enforced Disappearances a Growing Threat’, November 9, 2011. URL: [2] Karen Wickre, ‘Testimony: The Internet in China’, February 15, 2006. URL: |
p ip internet digital freedoms access information house believes google | Not censoring puts global pressure on China to change its free speech policies Google’s decision to stop censoring was world news, and has put internet freedom on everyone’s agenda – even so much so, that U.S. Secretary of State mentioned internet companies ganging up to censor the Chinese corner of the internet specifically as a threat to freedom worldwide in a recent speech. [1] This helps to inform ordinary citizens of other countries who may not know about the ‘great firewall’ what the Chinese government is doing. By making a high-profile decision like this, and by engaging and informing the governments and publics of free and democratic countries like this, Google increases the public and political pressure on China to change its ways. [1] Hillary Clinton, ‘Conference on Internet Freedom’, December 8, 2011. URL: |
p ip internet digital freedoms access information house believes google | Google’s business is inseparable from basic human rights The World Summit on the Information Society (WSIS), a UN conference, affirmed that access to information is a basic human right, a corollary to the freedom of opinion and expression as articulated in Article 19 of the Universal Declaration of Human Rights. [1] It is a right because access to information is often basic to human life; to how to live in society, to work and to educate ourselves. China ratified the Universal Declaration back in 1948 when it was accepted by the UN’s General Assembly, and was a party to the WSIS 2003 conference. This means that, if China is to be a responsible member of the international community, we can expect them to uphold the principles they publicly declare. Google’s mission is ‘to organize the world’s information and make it universally accessible and useful’. Note that this mission happens to coincide with the basic human right of access to information. This is why Google’s choice to interfere with China’s domestic politics isn’t just ‘big business interfering with a state’s sovereign politics’ – it’s a case of a big business whose business model happens to be providing a basic human right the sovereign state should have, by its own accord, provided a long time ago. [1] World Summit on the Information Society, ‘Declaration of Principles. Building the Information Society: a global challenge in the new Millennium’, December 12, 2003. URL: Last consulted: December 22, 2011 |
p ip internet digital freedoms access information house believes google | Google’s revenues wont decline because of this Google as a company is still going strong – in the third quarter of 2011, it managed to exceed analysts’ expectations and posted impressive revenue growth. Most importantly, the figures showed that finally the revenue from its mobile and video advertising platform started to come in. This means that the revenue for Google is now starting to come from all over their business portfolio, instead of coming from the search platform alone. [1] This result shows that Google’s revenues won’t sag a bit because of this choice. Also, as argued above, by staying true to its company motto, Google actually strengthens, not weakens, its position with regards to the rest of the world – and possibly eventually in a democratic China. [1] Financial Times, ‘Google shares soar on higher earnings’, October 13, 2011. URL: |
p ip internet digital freedoms access information house believes google | Google will help Chinese internet freedom more by staying As Google itself argued in 2006 when it first entered the Chinese domestic market; when Google is fully present in China, it can at least do its very best to allow its Chinese users as much access to all the information that Chinese users are allowed to look up. By expanding their access, Google can at least contribute to a broadening of the amount of information Chinese internet users can gather. The alternative is them relying on an even more censored Chinese search engine called Baidu, or having them try to access a heavily blocked, slowed down, restricted and monitored version of Google outside of China, for example google.com or the Hong Kong-based Google.com.hk. Having a locally accessible version of Google that is censored might not be optimal, but it’s better than nothing. [1] [1] Karen Wickre, ‘Testimony: The Internet in China’, February 15, 2006. URL: Last consulted: December 22, 2011 |
p ip internet digital freedoms access information house believes google | As a business, Google shouldn’t interfere with domestic politics Business is business and politics is politics – and the two shouldn’t mingle. When a company wants to operate in a foreign country, it should respect the government and its regulations. We require the same when a company wants to operate within our territory: suppose a big Chinese company came to our home country and suddenly started criticizing our domestic policies – these are the policies of the sovereign state whose territory it is, and outsiders have no place to tell it how to run itself. [1] [1] Nicholas Deleon, TechChrunch, ‘China has every right to be upset with Google right now’, March 23, 2010. URL: Last consulted: December 22, 2011 |
p ip internet digital freedoms access information house believes google | Google can’t afford to abandon the Chinese market In 2010, the search market in China was valued at $1.7 billion and was expected to grow at an average of 50% per year for the coming few years. [1] After the 2010 incident, Google has been losing market share in China rapidly. [2] From a business perspective, Google just can’t afford to miss out on such a business opportunity: not only will it miss entering this market when it is growing, it will also forfeit a comfortable position in the search market from which it can build its other businesses, like gmail and android, the way it does in other countries. [3] [1] Melanie Lee, ‘Analysis: A year after China retreat, Google plots new growth’, Reuters, January 13, 2011. URL: [2] Reuters, ‘Google search share slips as Baidu gains report’, July 26, 2010, URL: [3] Kyle Baxter, ‘Android isn’t about building a mobile platform’, January 4, 2011. URL: Last consulted: December 22, 2011 |
p ip internet digital freedoms access information house believes google | Staying will not help Chinese internet freedom at all If google.cn was to be left uncensored, then within a short period, google.cn would lose its license to operate and will be pulled down. Chinese internet users will then have to rely either on Baidu, which provides more or less the same results as Google, or will have to try to break through the blockades of the Great Firewall to reach the Hong Kong-based Google. If Google does censor itself, it will only state ‘some results have not been shown’ – Chinese citizens still won’t know what has been hidden. Unless they then try to access the Hong Kong based Google, but then the Great Firewall will stop them anyway. Either way, Chinese citizens will be blocked from seeing what their government doesn’t want them to see, so what’s the difference? Google might as well stick to its principles and not censor itself. |
p ip internet digital freedoms intellectual property house would use | Consumers will find ways to evade detection Evading detection for most of the surveillance methods are relatively easy: consumers could start relying on proxy servers to hide their IP-addresses or start encrypting everything they share online to avoid being detected by fingerprinting-software. In fact, recent experience in France with its Haute Autorité pour la diffusion des œuvres et la protection des droits sur internet (HADOPI) law suggests that despite a graduated response-policy, piracy is actually on the increase. [1] This shows that graduated response won’t do what it is supposed to do; stem online piracy. [1] Torrentfreak, ‘Piracy Rises In France Despite Three Strikes Law’, March 9, 2010. URL: |
p ip internet digital freedoms intellectual property house would use | A graduated response will be an effective deterrent Research has shown that consumers are likely to stop downloading from unauthorized sources when warned by their ISP. For example: Seven out of ten (72%) UK music consumers would stop illegally downloading if told to do so by their ISP, and 90 per cent of consumers would stop illegally file-sharing after two warnings from their ISP. [1] This shows that the threat of a possible disconnection together with a friendly warning is enough to stop most consumers from downloading from illegal source. The reasoning behind it is simple: consumers can now download without a cost, a graduated response mechanism first raises awareness scaring off those who are only casually downloading out of convenience and then heightens the expected cost of infringement and thus makes it more likely consumers will use legal sources. [2] [1] IFPI, Digital Music Report 2009. 2009. URL for PDF: [2] Olivier Bomsel and Heritania Ranaivoson, ‘Decreasing copyright enforcement costs: the scope of a graduated response’. 2009. Review of Economic Research on Copyright Issues, Volume 6(2), p. 13 – 29. URL for PDF: |
p ip internet digital freedoms intellectual property house would use | Graduated response is a draconian punishment Citizens these days rely on their internet connection for their everyday lives: banking transactions, filing tax forms, and other forms of essential communication are all done online. Cutting access to these basic services is a draconian punishment: it basically amounts to making daily life a whole lot harder. Even if essential services were to remain accessible to the offender they could lose access to things somehow considered less vital such as their online social life. The punishment in no way is proportionate to the ‘crime’ of downloading a song that would have cost 99 cents on iTunes. |
p ip internet digital freedoms intellectual property house would use | The unauthorised downloading of copyrighted material should be addressed and prevented by the state Copyrighted material is intellectual property: someone worked hard for it to produce it. Downloading this content without paying the proper rights holder for it amounts to theft. Furthermore, downloading copyrighted material from an unauthorized source creates an impossible market for producers of copyrighted content, because they have to ‘compete with free’. Why would the average consumer want to pay for a download from an authorized website, when she can get the same movie from a pirate-site for free? To build a commercially viable content industry online, we need to protect this industry from the unfair competition of the parallel market. [1] [1] Piotr Stryszowski , Danny Scorpecci, Piracy of Digital Content. 2009, OECD Publishing. URL for purchase: |
p ip internet digital freedoms intellectual property house would use | Downloading isn’t a crime Downloading content is not comparable to theft of material things, like cars: after downloading the original owner can still use his or her own copy. Moreover: governments have always allowed consumers some leeway for replicating content for themselves under the ‘private copying exception’ or ‘fair use’-policy. [1] Before the internet came along, this exception ensured it was legal that one person could copy a song from a radio broadcast transmission for personal use. Why should downloading a song from the internet be any different? Finally, research has shown that those who download the most from pirate sites are also the ones who buy the most music online legally – why would the content industry want to punish their biggest and most loyal customers?. [2] [1] Natali Helberger & P. Bernt Hugenholtz, ‘No place like home for making a copy: private copying in European copyight law and consumer law’. 2007. Berkely Technology Law Journal, volume 22, p. 1061 -1098. URL for PDF: [2] Ars Technica, ‘Study: pirates biggest music buyers. Labels: yeah, right’. April 2009. URL: |
p ip internet digital freedoms intellectual property house would use | A graduated response is the fairest way to enforce copyright legislation First, the sanction after three warnings can be tailored to fit general notions of justice, the punishment need not be severe and could fit the crime: maybe a consumer would be cut off of the internet for only two weeks, or only cut off from accessing download sites but still be allowed to access government and banking sites, or receive a small fine. Secondly, the consumer has ample time to change his or her behaviour: a consumer can insist on infringing copyright at least two times before the sanction takes place. The consumer can easily avoid being cut off (even temporarily), meaning the punishment likely doesn’t even have to take place. [1] [1] Barry Sookman, ‘Graduated response and copyright: an idea that is right for the times’, January 10th, 2010. URL: |
p ip internet digital freedoms intellectual property house would use | Graduated response can be done prudently Many companies have ‘Terms of Agreement’, violation of which automatically leads to cancellation of service. Suppose you don’t pay your library subscription for a year: no one would complain of ‘lack of due process’ if your subscription was subsequently cancelled. A Graduated response policy is no different. Moreover, the graduated response policy can be made to fit the rules of due process. For example, in the French HADOPI-law, after a third violation, the case gets referred to an ‘expedited judicial procedure’, typically used for minor traffic violations, after which that judge will decide. Compare this to the unfairness before a graduated response policy is implemented: copyright holders might detect and sue one single consumer and extract a very heavy penalty, whilst the rest of the downloading consumers got away. Both the uncertainty and the height of the fine made the situation before a graduated response-policy an ‘enforcement lottery’. [1] [1] Nathan Lovejoy, JOLT Digest ‘Procedural Concerns with the HADOPI Graduated Response Model’, January 13, 2011. URL: |
p ip internet digital freedoms intellectual property house would use | Graduated response is not a massive privacy violation Firstly, ISPs already use Deep Packet Inspection right now, to engage in what they call ‘network management’, like checking whether users aren’t hogging up bandwidth by downloading too much via peer-to-peer software. But moreover, it is hard to see how exactly every form of deep packet inspection is a privacy violation: the inspecting is done by automated software and only checks for infringements. If no infringement is detected, no one will know what was ‘in the information packet’. Take the example of monitoring for the presence digital watermarks: basically, the monitoring-software has a database of specific ‘watermarks’ that content holders put into their videos, for example a unique combination of pixels. The software only checks whether that combination is present. If it’s not present, the software has no way of ‘seeing’ the information itself. Hence, even though it might sound scary, the technology can be designed in such a way that one can prevent it from becoming privacy violation. [1] [1] see wikipedia: Digital Watermarking |
p ip internet digital freedoms intellectual property house would use | ISP will not cooperate with a graduated response policy The graduated response model requires cooperation from all Internet Service Providers. If just one ISP refuses, users will flock towards that ISP to be able to keep on downloading. Therefore there will always be an incentive to be the ISP that refuses so as to gain custom from others who have agreed to cooperate. ISPs will also have an incentive to not cooperate because the cost of monitoring and identifying is large, and significantly more so for smaller ISPs: initial estimates of the cost of graduated response for ISPs were around 500 million pounds over a period of ten years. [1] [1] Michael Geist, ‘Estimating the cost of a three strikes and you’re out system’, January 26, 2010. URL: |
p ip internet digital freedoms intellectual property house would use | The graduated response is a violation of the basic right to due process Detection of copyright infringement isn’t usually done by a detective sitting behind a computer. It relies on software like automated crawlers and fingerprinting, often created by commercial vendors and hired by the copyright holders. This software automatically sends detected infringements to the ISP, without someone actually checking if this allegation is correct. This means many consumers can be unjustly accused of copyright infringement. Moreover, most graduated response policies proposed require no judicial intervention at all for the sanction to be invoked. This means private organisations get to decide who has committed a crime and deserves the punishment. The ISPs and copyright holders therefore act as accuser, prosecution, judge and executioner. On top of this if a consumer would go to court, he would also face a reversal of the burden of proof: since he is suing against being fined, he has to prove that he is not guilty, a reversal of the presumption of innocence. [1] [1] Peter K. Yu, ‘The Graduated Response’. 2010. Florida Law Review, Volume 62. Available for download (PDF) at: |
p ip internet digital freedoms intellectual property house would use | The graduate response policy constitutes an invasion of privacy by the state Graduated response would require huge amounts of monitoring and logging of all internet traffic using technical systems called ‘deep packet inspection’ (DPI) equipment. This means that a computer program will look in close detail at all of the information someone sends over the internet in order to check whether it violates some protocol, for example a ‘fingerprint’ of copyrighted data that the content creator put in. This means a copyright holder, or a third party paid by the copyright holder to monitor internet traffic, suddenly has access to everything every consumer sends over the internet. This is a massive violation of privacy. Given the fact that advertising companies are already using DPI illegitimately for targeted advertising, it is obvious that content companies will also feel tempted to ‘do more’ with all that data they suddenly have access to. [1] [1] Angela Daly, ‘The Legality of Deep Packet Inspection’, 2010. Presented at the First Interdisciplinary Workshop on Communications Policy and Regulation 'Communications and Competition Law and Policy – Challenges of the New Decade', University of Glasgow 17 June 2010. URL for download: |
p ip internet digital freedoms intellectual property house would use | ISPs will gladly cooperate with graduated response Almost a decade ago, ISPs engaged in a competitive battle to gain as much broadband penetration as possible. Now that markets have matured and broadband penetration has more or less ‘maxed out’ in developed countries, ISPs need to find new value propositions to attract customers. One of these value propositions is being able to offer high quality content at high speeds. To be able to offer this, ISPs will need the cooperation of content providers – who can ask something in return, like graduated response. [1] That this actually happens is borne out by the fact that in many countries ISPs are actually getting together to make sector-wide agreements, for example in the USA where the major ISPs have agreed to implementing graduated response. [2] [1] Olivier Bomsel and Heritania Ranaivoson, ‘Decreasing copyright enforcement costs: the scope of a graduated response’. 2009. Review of Economic Research on Copyright Issues, Volume 6(2), p. 13 – 29. URL for PDF: [2] David Kravets, Wired, ‘ISPs to Disrupt Internet Access of Copyright Scofflaws’, July 7, 211. URL: |
access information house believes internet access human right | The freedom of speech does not mean that there is a right to reach as broad an audience as possible. It does not mean there is a fundamental right to access the internet or any other individual medium of communication. If indeed there is some kind of ‘gap’ in human rights it does not mean that it has to be filled by creating some spurious new right for individuals to enjoy. If there was a lack of recognition of a freedom of readership then this is because there is no need for the human right to exist let alone in a form that privileges access to the internet over other forms of information access. |
access information house believes internet access human right | The right to internet access fills a gap in traditional human rights. In our traditional human rights there is a hole when it comes to a right to receive and be able to seek out information. Almost everyone would consider freedom of speech and freedom of expression to be human rights but these rights are not very effective if there is not a way for those who wish to access that information. Michael L Best contends that Article 19 of the universal declaration of human rights on freedom of expression implies some symmetry but that freedom of authorship is privileged over freedom of readership. [1] In short governments could allow freedom of expression while ensuring that those expressing dissenting views have a very minimal audience without breaking human rights. A right to the internet is the perfect human right to fill this gap. The internet is estimated to have over 35 billion web pages, [2] and the most recent digital universe study estimates that 1.8 trillion gigabytes would be created in 2011. [3] The sheer size of the internet means that it is the ideal medium for providing this right to access information. [4] The internet is also increasingly accessible to everyone making it possible to be considered universal; it is no longer something that the poor cannot hope to have access to. There are already over 2.1 billion people using the internet worldwide including 118 million in Africa. [5] [1] Best, Michael L., ‘Can the Internet be a Human Right?’ Human Rights and Human Welfare, Vol.4 2004, p.23 (n.b. this link comes up with a warning when opened, dont worry it is safe - ahelling) [2] World Wide Web Size.com, ‘The size of the World Wide Web (The Internet)’, 17 April 2012 . [3] McGaughey, Katryn, ‘World’s Data More Than Doubling Every Two Years – Driving Big Data Opportunity, EMC2, 28 June 2011. [4] Best, Michael L., ‘Can the Internet be a Human Right?’ Human Rights and Human Welfare, Vol.4 2004, p.23 [5] Clayton, Nick, ‘Internet has More Than 2 Billion Users’, TechEurope The Wall Street Journal, 19 January 2012. |
access information house believes internet access human right | This is taking the freedom of expression too far. A freedom to impart information does not mean the freedom to impart it through whatever medium the individual wishes simply through a method of communication. It is also taking it too far to consider that the government has a duty to prevent others from interfering with individual’s access as this is impractical. Governments should not have the power to interfere with private businesses that may wish to deny internet users access for things like not paying their bills. The third interpretation is interpreting this freedom much too broadly, human rights are meant to prevent the government from oppressing their citizens rather than forcing government to provide something. |
access information house believes internet access human right | Internet access as a new human right. Access to the internet can be considered a separate human right in and of itself. The UN special rapporteur in June 2011 published a report that implied that access to the internet is a human right “The Special Rapporteur remains concerned that legitimate online expression is being criminalized in contravention of States' international human rights obligations.” [1] The right to internet access can meet the necessary conditions to be a human right; as a right is should be universal, everyone should have access not just a few. The internet is becoming much more than just a tool but is becoming a fundamental part of society creating a new sphere of interaction that everyone has a right to have access to. Creating a right to internet access would be addressing a specific contemporary problem as with other human rights that are specific such as a right to basic schooling, enshrined in article 26 of the Universal Declaration of Human rights. Not having access to the internet is similar to not having basic schooling; it considerably narrows people’s options and their horizons. As Tim Berners-Lee, the founder of the world wide web, argues "Given the many ways the web is crucial to our lives and our work, disconnection is a form of deprivation of liberty." [2] [1] La Rue, Frank, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Human Rights Council, Seventeenth session, A/HRC/17/27, 16 May 2011, p.10 . [2] Burkeman, Oliver, ‘Inside Washington’s high risk mission to beat web censors’, guardian.co.uk, 15 April 2012. |
access information house believes internet access human right | Creating a human right specifically for internet access is an example of ‘human rights inflation’ where by every group wants their issue to be a human right and as a result human rights that are not necessary or are too specific begin to devalue the whole concept of human rights. [1] While there may be a new ‘society’ operating online the internet is certainly not essential for the existence of society. An online society is an interesting distraction for people and indeed there are many who spend immense amounts of time cultivating virtual relationships but this virtual sphere does not need a human right to enable it to continue. The internet is in some ways a free for all and there have already been internet social networks that have collapsed or been taken offline. This may be disruptive for those who relied on this network as their online society but they can simply find another. If unable to access the internet they still have access to other forms of society in the real world. Thus while forming and taking part in society is fundamental for humanity that this should be possible online is not. [1] Bleisch, Barbara, ‘The human right to water – normative foundations and ethical implications’, Ethics and Economics, 4 (2), 2006, p.8 |
access information house believes internet access human right | Internet access is a necessary part of the right to freedom of information and expression. Freedom of expression and speech and freedom of information is a fundamental freedom and is article 19 in the universal declaration of human rights. This is usually taken to have three parts for governments to uphold: a duty to respect, for the government not to interfere with the freedom to impart information, a duty to protect, preventing interference with lawful communications and, a duty to fulfil, a duty to provide government held information. [1] Access to the internet falls within this. The duty to respect means that governments cannot block access for people wishing to use the internet to express themselves. The duty to protect means government should prevent others from interfering with internet users and the duty to fulfil could easily be taken just a little bit further to having to provide access to the internet. Freedom of expression therefore covers a freedom to access the internet as it already provides for a freedom to access mediums to express ones’ self. [1] Callamard, Agnes, ‘Towards a Third Generation of Activism for the Right to Freedom of Information’, in Freedom of Expression, Access to Information and Empowerment of People, UNESCO, 2009 pp.43-57. p.44 |
access information house believes internet access human right | The conduit to access information is just as important as the information itself. There is little point in the information if we are cut off from the flows of that information and are unable to access it. [1] Having immense libraries may be an alternative method of accessing information for some but only for a tiny minority. As human rights are concerned with access to everybody the right an egalitarian method that allows everyone to access the information is needed just as much as the right to access the information. There is little point in a right to information without a corresponding right to access the internet or some other equally egalitarian method of obtaining that information. [1] Best, Michael L., ‘Can the Internet be a Human Right?’ Human Rights and Human Welfare, Vol.4 2004, p.24 |
access information house believes internet access human right | Human rights are meant to protect the individual from the state rather than being dependent upon the state. The state cannot decide what these human rights are and can only constrain human rights if it is necessary to protect the human rights of another. [1] Human rights are necessary precisely because states ignore the freedoms of their citizens so often. The sources of international law are irrelevant when referring to human rights as these are a higher law natural law that overrides a system of international law that has been created only over the last couple of hundred years. [1] Brown, Chris, ‘Human rights’, in John Baylis and Steve smith The globalization of world politics 2nd ed Oxford University Press 2001, pp.599-614 p.604 |
access information house believes internet access human right | Internet access is a commodity not a human right. If a human right is inherent and inalienable then if something is to be a human right it has to be freely available for all rather than being much more available to those who are rich. The internet however is a commodity. We are charged for access to it and can be cut off for not paying our bills. We are charged more to be able to download more, in effect to have greater access to this human right. There has never been any suggestion that the equally great media advances of TV and telephones are technologies worthy of being considered a human right. As with the internet these increased the ability to express opinions to a wide audience, they helped democratise news and making it much more international. They meant that human rights violations could be much more easily told to the world in much the same way the internet does. |
access information house believes internet access human right | Internet access cannot be a human right when it is not available to all. If human rights are inalienable and inherent in humans then no technology can be a human right as not everyone can ever expect access all of the time. Certainly at the moment huge swathes of the world have no internet access and this does not mean that their governments are violating their human rights. The analogy might be given to freedom of movement. Freedom of movement is a human right however we don’t need the aid of a car to be able to exercise this right the technology itself is unnecessary as we have an inherent ability to move just as we do to communicate. |
access information house believes internet access human right | Internet access is an enabler of rights not a right in itself. The internet is an enabler and so has little value on its own. [1] No one would consider the internet a human right if there was no content or information on the internet, what good would be a right to stare at a screen? It is not therefore access to the internet that is the human right it is access to information. The internet is obviously useful for this but it is not essential. If someone was denied access to the internet while being locked in a library would he or she really have had any right to information infringed? In such a case the only argument for a right to the internet is that it faster to access the information through the internet than it would be to look it up in the books that are all around. There cannot therefore be considered to be a right to the internet even as part of any right to information because the right to information would simply require that a government provides access to this information not that it has to be via the internet. Moreover as an enabling technology it is quite possible that the internet may at some point be out of date and replaces by some new method of storing information. As something that is transitory it does not make sense to consider there to be any kind of inalienable right to the internet. [1] Cerf, Vinton G., ‘Internet Access Is Not a Human Right’, The New York Times, 4 January 2012. |
access information house believes internet access human right | Human rights are dependent upon the state There is clearly not universal or even widespread acceptance of the idea that internet access should be a human right. Human rights are dependent upon the state, the desires of the community, and that depends upon the state’s socio economic context. [1] The internet cannot therefore be considered a universal human right because not all states are advanced enough to take responsibility for this right. International law is based upon several sources; state practice, customary law, treaties and judicial decisions. [2] None of these sources yet recognise internet access as a human right, indeed if state practice is taken as deciding if human rights exist then the whole concept of human rights is open to question. [3] [1] Turkin, G., Theory of International Law, 1974, p.81 [2] Shaw, Malcolm N., International Law 4th ed., Cambridge University press, 1997, Chapter 3. [3] Watson, J.S., Legal theory, efficacy and validity in the development of human rights norms in international law, University of Illinois law forum, 1979, p.609 |
access information house believes internet access human right | Human rights are as much aspirational as they are fact. When the universal declaration of human rights came out the majority of people in the world did not have “the right to take part in the government of his country, directly or through freely chosen representatives.” [1] Having the internet as a human right will increase access as it makes it more difficult for governments to deny access and increases the priority to provide access. [2] [1] United Nations, Universal Declaration of Human Rights, 10 December 1948, Article 21. [2] Wagner, Adam, ‘Is internet access a human right?’, Guardian Legal Network, 11 January 2012. |
access information house believes internet access human right | Being a human right does not prevent commoditization going alongside this. Everyone has a right to own property, as enshrined in the universal declaration of human rights, but it is accepted that property is also valuable in a commercial sense. Or more generally everyone has a right to shelter and this means that governments provide council housing and shelters for the homeless at the same time as houses often having very high prices. The human right is for a very basic level while those who wish can pay for more. |
e free speech and privacy politics government digital freedoms privacy | There have been wrongful arrests during the war against terror. Riwaan Sabir was wrongfully arrested under the terrorism act in 2008 for downloading an al-Qaida training manual despite the manual having been downloaded from a US government website and been for his master’s degree at the University of Nottingham. [1] Since the offence was online it is certainly possible that information from spying was a part of the cause for the arrest. It is true that we probably have less cause for concern when it is foreign governments doing the spying but this could still have consequences such as being denied entry if you wish to travel to or through the country. [1] Townsend, Mark, ‘Police ‘made up’ evidence against Muslim student’, The Guardian, 14 July 2012, |
e free speech and privacy politics government digital freedoms privacy | You are not going to be arrested because the government has access to your communications Clearly much of the time you really do have nothing to worry about when it comes to intelligence agencies having information about you. People are not regularly arrested without just cause and we have little evidence that democratic governments use this information to put pressure on their citizens. There have been no known cases of this happening since the start of the war on terror. [1] When it comes to foreign governments this is even less of a cause for concern; while your own government might be interested in various aspects of your life to help it with the services it provides foreign governments only have one motivation; their own national security. If you are not a threat to that national security the chances of them ever taking any action against you are essentially nonexistent. [1] Posner, Eric, ‘I Don’t See a Problem Here’, The New York Times Room for Debate, 10 June 2013, |
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