Digital rights

from Wikipedia, the free encyclopedia

The term Digital Rights (English. Digital rights ) describes the human rights that allows individuals to digital media access to use them, which create and publish it. It also describes the right to access computers - or other electronic devices - as well as telecommunications networks . The term refers in particular to the protection and realization of existing rights, such as the right to privacy or freedom of expression , and in the context of new digital technologies, it particularly refers to the Internet . Internet access e.g. B. has been recognized by law in several countries.

Human rights and the internet

A number of human rights have been identified as relevant with regard to the Internet . These include: freedom of expression , data protection and privacy, and freedom of association . Furthermore, the right to education and multilingualism , consumer protection and helping people to help themselves in the context of development law .

The Electronic Frontier Foundation criticized the United States government for its actions. During the mega-upload process, this deprived people of their property rights when storing data in a cloud service .

Ensuring internet access

The following countries have passed laws that oblige the state to make Internet access available as far as possible and to protect individuals' access to information via the Internet from being blocked by the state for no reason:

  • Costa Rica : A ruling by the Supreme Court of Costa Rica on July 30, 2010 states: “Without fear of ambiguity, it can be said that these technologies (information and communication technology) have influenced the way people communicate, making it easier for us to connect worldwide between people and institutions, removing the barriers of space and time. It is now becoming a fundamental tool for the exercise of fundamental rights, democratic participation (e-democracy), citizen control, education, freedom of expression, access to information and public services, the right to access these technologies, communication with government and administrative transparency, to facilitate. This includes the basic right to access these technologies - in particular the right to access the Internet. "
  • Estonia : In 2000, Parliament launched a massive program to expand access to rural areas. "The Internet," argues the government, "has become essential for life in the 21st century."
  • Finland : By July 2010, everyone in Finland should have access to a one megabit per second broadband connection, according to the Ministry of Transport and Communications. By 2015, even access to 100 Mbits per second.
  • France : In June 2009 the Constitutional Council - this is the highest court in France - declared in a sharp-tongued decision access to the Internet as a fundamental human right, thus repelling parts of the Hadopi law that had prosecuted offenders without judicial review and automatically Network access for those sections who continued to download illegal material from the network after two warnings.
  • Greece : Article 5A of the Constitution of Greece states that everyone has the right to participate in the information society and that the state has a duty to facilitate the establishment, exchange, dissemination and access to electronically transmitted information .
  • Spain : From 2011 the former state monopoly Telefónica , which holds the “universal service contract” of the country, had to guarantee that it would offer “reasonably” broadband with at least one megabyte per second throughout Spain.

APC Internet Rights Charter

The APC Internet Rights Charter was founded by the Association for Progressive Communications (APC for short) in 2001 in Prague at the APC Europe Internet Rights Workshop. The charter is based on the People's Communications Charter and develops seven themes: Internet access for all, freedom of expression and freedom of association ; Access to knowledge, collaborative learning and the creation of free and open source software for technology development; Privacy ; Surveillance and encryption ; Governance of the internet; Mindfulness, Protection and Realization of Rights.

The APC states that “the ability to share information and communicate freely over the Internet is critical to the realization of human rights as set out in the Universal Declaration of Human Rights , the International Covenant on Economic, Social and Cultural Rights , and the International Covenant civil and political rights and are anchored in the UN Convention on the Elimination of All Forms of Discrimination against Women . "

World summit on the information society

In December 2003, the World Summit on the Information Society (WzI for short) was convened under the protection of the United Nations . After lengthy negotiations between governments, companies and representatives of civil society, the WzI Declaration of Principles was adopted, which confirms human rights once again:.

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

“ We reaffirm the universality, indivisibility, interdependence and mutual assignment of all human rights and fundamental freedoms, including the right to development, as it is anchored in the Vienna Declaration. We also reaffirm that democracy , sustainable development and respect for human rights and fundamental freedoms and good governance at all levels are mutually dependent and mutually reinforcing. We are determined to further strengthen the rule of law in both international and national affairs. "

- WzI policy statement

The WzI Declaration of Principles also makes specific reference to the importance of the right to freedom of expression in the "information society" with the following words:

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

“ We reaffirm, as an essential foundation for the information society and as set out in Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of expression; that this right includes the freedom to express opinions unhindered and the freedom to obtain information and ideas, to incorporate them and to disseminate them via media of any kind and regardless of national borders. Communication is a fundamental social process, a basic human need and the basis of all social organization. It is central to the information society. Everyone should be able to participate, anywhere, and no one should be excluded from the benefits of the information society. "

- WzI policy statement

The 2004 WzI Policy Statement also recognizes that "it is necessary to prevent the use of information resources and technology for criminal and terrorist purposes, while at the same time respecting human rights."

criticism

Professor Wolfgang Benedek commented that the WzI Declaration only contains a number of references to human rights and does not describe any process or mechanism that would ensure that human rights are taken into account in practice.

Landscape of the digital rights

A landscape map of digital rights

In 2005, the Open Rights Group from the United Kingdom published a Digital Rights Landscape, with which they documented a range of organizations and people who are actively committed to the preservation of digital rights. The diagram links groups, individuals, and websites to specific areas of interest.

Internet Bill of Rights

The “Dynamic Coalition” for an “Internet Bill of Rights” was created in preparation for the World Summit on the Information Society 2008 (WSIS) in Rio, during which the coalition held a major announcement dialogue for Internet rights (in September 2007 in Rome) and thus a certain one Forum created. The dialogue forum stated that the aim should not be to develop a legal “Bill of Rights”, but rather to work on a guideline that should record the existing human rights with a view to the needs and challenges of the information society . The coalition plans to take stock of the existing international human rights instruments and to serve as an engagement platform to develop the content of the "Internet Bill of Rights".

Global network initiative

On October 29th, 2008 the "Global Network Initiative" (GNI for short, z.Dt. Global Network Initiative) "was founded on the" principles of freedom of expression and privacy ".

The initiative was in the 60th anniversary year of the Universal Declaration of Human Rights (UDHR short) launched and based on internationally recognized laws and standards for human rights of freedom of expression and privacy they served not only as the basis for the UDHR, but also for the over International Covenant civil and political rights (IPbpR for short) and the International Covenant on Economic, Social and Cultural Rights (IPwskR for short). Participants in the initiative include the Electronic Frontier Foundation , Human Rights Watch , Google , Microsoft , Yahoo and many other large corporations, human rights organizations, investors, and academics.

According to reports, Cisco Systems was invited to the initial meetings, but the company never attended.

Harrington Investments, who suggested Cisco set up a human rights agency, dismissed the GNI as a code of conduct because it had no effect on him. Chief Executive John Harrington called the GNI a "meaningless sound" and instead called for statutes to be introduced that compel company boards to accept human rights and implement them responsibly.

BBC World Service global opinion poll

A survey of 27,973 adults from 26 countries, including 14,306 internet users, was carried out by the international polling institute Globescan , using telephone and face-to-face interviews between November 30, 2009 and February 7, 2010, by the BBC World Service . Globescan Chairman Doug Miller said the poll, overall, found that:

Despite concerns about privacy and fraud, people around the world see access to the Internet as their fundamental right. They think the net is a force for good and most don't want governments to regulate it.

Findings from the survey are:

  • Almost four in five internet users (78%) think the internet has given them more freedom.
  • Most internet users (53%) believe that the internet should never be regulated by any level of government anywhere.
  • Opinion was divided on whether the internet was a safe place to express one's opinion, 48% answered yes and 49% no.
  • The aspects of the Internet that worry most are: fraud (32%), violent and explicit content (27%), threats to privacy (20%), content censorship (6%), and the level of corporate exposure ( 3%).
  • Almost four out of five Internet users and non-users worldwide feel that access to the Internet is a fundamental right (50% agreed, 29% partially agreed, 9% partially disagreed, 6% strongly disagreed, and 6 % gave no opinion).

Recommendations from the UN Special Rapporteur

The 88 recommendations of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Expression of May 2011 report to the UN Human Rights Council of the United Nations General Assembly contain several points that concern the question of Internet access:

": 67. Unlike any other medium, the Internet enables individuals to seek, receive and impart information and ideas of all kinds instantaneously and inexpensively across national borders. By vastly expanding the capacity of individuals to enjoy their right to freedom of opinion and expression, which is an 'enabler' of other human rights, the Internet boosts economic, social and political development, and contributes to the progress of humankind as a whole. In this regard, the Special Rapporteur encourages other Special Procedures mandate holders to engage on the issue of the Internet with respect to their particular mandates.

78. While blocking and filtering measures deny users access to specific content on the Internet, States have also taken measures to cut off access to the Internet entirely. The Special Rapporteur considers cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights.
79. The Special Rapporteur calls upon all States to ensure that Internet access is maintained at all times, including during times of political unrest.
85. Given that the Internet has become an indispensable tool for realizing a range of human rights, combating inequality, and accelerating development and human progress, ensuring universal access to the Internet should be a priority for all States. Each State should thus develop a concrete and effective policy, in consultation with individuals from all sections of society, including the private sector and relevant Government ministries, to make the Internet widely available, accessible and affordable to all segments of population. "

" 67. In contrast to any other medium, the Internet enables individuals to search for, receive and pass on information, so ideas of all kinds can be communicated promptly and inexpensively across national borders. Through the enormously expanded possibilities of the individual, his / her right to Enjoying freedom of expression and expression, which is an “enabler” of other human rights, increases the Internet's economic, social and political development and contributes to the progress of humanity as a whole. In this regard, the Special Rapporteur encourages other Special Procedure Mandate Holders to become involved on the issue of Internert in light of their respective mandates.

78. While blocking and filtering measures prevent users from accessing specific content on the Internet, states have also taken measures to completely isolate access to the Internet. The Special Rapporteur believes that denying users access to the Internet, regardless of the justification put forward, including the justification for infringement of intellectual property rights, is disproportionate in violation of Article 19 (3) of the International Convention on Civil and Political Rights .

79. The Special Rapporteur calls on all states to maintain Internet access forever, including in times of political unrest.

85. As the Internet has become an indispensable tool for realizing a range of human rights, combating inequality and accelerating the development and advancement of humanity, it should therefore be a priority for every country to ensure universal access to the Internet. Every state should develop concrete and effective strategies, in consultation with people from all segments of society, including the private sector and the relevant ministries, to make the Internet widespread, accessible and affordable for all segments of the population. "

- Items from the May 2011 report to the UN Human Rights Council

These recommendations have led to the suggestion that Internet access is, or should become, a fundamental human right in itself.

Internet Society's worldwide internet user survey

In July and August 2012, the Internet Society conducted online interviews with more than 10,000 Internet users from 20 countries. Some of the results relevant to digital rights are summarized in the following table.

ask Number of responses reply
Access to the internet should be seen as a human right. 10.789 83% agree,
14% disagree,
  3% have no idea
Every country has the right to regulate the Internet as they see fit. 10.789 67% agree,
29% disagree,
  4% have no idea / not applicable
The internet helps society more than it harms it. 10.789 83% agree,
13% disagree,
  4% have no idea / not applicable
Increased government control of the Internet would mean that I would use the Internet less. 9.717 57% agree,
39% disagree,
  5% have no idea / not applicable
Increased government control of the Internet would increase the number of users. 9.717 40% agree,
52% disagree,
  8% have no idea / not applicable
Governments in my country should give the expansion of the Internet and the benefits it brings a higher priority. 10.789 83% agree,
11% disagree,
  5% have no idea / not applicable
In order for the Internet to reach its full potential in my country, citizens need to be able to use it without data and content restrictions. 10.789 79% agree,
17% disagree,
  4% have no idea / not applicable

Representative of digital rights

See also

Portal: Data protection and freedom of information  - overview of Wikipedia content on the subject of data protection and freedom of information

Web links

Commons : Digital rights  - collection of images, videos and audio files

Individual evidence

  1. ^ Digital freedom: the case for civil liberties on the Net . In: BBC News , March 4, 1999. Retrieved May 1, 2010. 
  2. ↑ N. Lucchi, " Access to Network Services and Protection of Constitutional Rights: Recognizing the Essential Role of Internet Access for the Freedom of Expression, " Cardozo Journal of International and Comparative Law (JICL), Vol. 19, no. 3, 2011. Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1756243
  3. ↑ Benedek 2008, November 17, 2011
  4. ↑ Megaupload and the Government's Attack on Cloud Computing - Electronic Frontier Foundation, October 31, 2012
  5. ↑ " Judgment 12790 of the Supreme Court ( Memento of the original from December 17, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. ", File 09-013141-0007-CO, July 30, 2010. ( English translation ) @1@ 2Template: Webachiv / IABot / 200.91.68.20
  6. ^ "Estonia, where being wired is a human right," Colin Woodard, Christian Science Monitor , July 1, 2003
  7. ↑ " Finland makes 1Mb broadband access a legal right ," Don Reisinger, CNet News 14 October 2009
  8. ↑ Top French Court Declares Internet Access 'Basic Human Right' . In: London Times , Fox News, June 12, 2009. Archived from the original on January 7, 2012. Info: The archive link was automatically inserted and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . Retrieved April 29, 2012. @1@ 2Template: Webachiv / IABot / www.foxnews.com 
  9. ^ Constitution of Greece As revised by the parliamentary resolution of May 27th 2008 of the VIIIth Revisionary Parliament , English language translation, Hellenic Parliament
  10. ↑ Sarah Morris: Spain govt to guarantee legal right to broadband , Reuters. November 17, 2009. 
  11. ^ Towards a Charter for Internet Rights . Internet Rights UK. Retrieved December 2, 2008.
  12. ^ Wolfgang Benedek, Veronika Bauer, Matthias Kettemann: Internet Governance and the Information Society . Eleven International Publishing, Utrecht 2008, ISBN 90-77596-56-9 , p. 39.
  13. ^ ICT Policy and Internet Rights . Association for Progressive Communications . Retrieved December 2, 2008.
  14. ^ A b c Mathias Klang, Andrew Murray: Human Rights in the Digital Age . Routledge, 2005, p. 1.
  15. ^ Mathias Klang, Andrew Murray: Human Rights in the Digital Age . Routledge, 2005, p. 2.
  16. ^ Wolfgang Benedek, Veronika Bauer, Matthias Kettemann: Internet Governance and the Information Society . Eleven International Publishing, Utrecht 2008, ISBN 90-77596-56-9 , p. 36.
  17. ↑ mind-map diagram
  18. ^ Wolfgang Benedek, Veronika Bauer, Matthias Kettemann: Internet Governance and the Information Society . Eleven International Publishing, Utrecht 2008, ISBN 90-77596-56-9 , p. 38.
  19. ↑ Global Network Initiative, FAQ ( Memento of the original from March 9, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.globalnetworkinitiative.org
  20. ^ Internet Rights Protection Initiative Launches
  21. ^ Global Network Initiative, Participants
  22. ^ Jo Glanville: The big business of net censorship , The Guardian. November 17, 2008. 
  23. ↑ For this BBC survey, Internet users are people who have used the Internet in the past six months.
  24. ^ A b "BBC Internet Poll: Detailed Findings" , BBC World Service, March 8, 2010
  25. ↑ " Internet access is 'a fundamental right' ", BBC News , March 8, 2010
  26. ↑ "VI. Conclusions and recommendations “ , Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue , Human Rights Council, Seventeenth session Agenda item 3, United Nations General Assembly, May 16, 2011
  27. ^ " Can the Internet be a Human Right? ", Michael L. Best, Human rights & Human Welfare , Vol. 4 (2004)
  28. ^ David Kravets: UN Report Declares Internet Access a Human Right . In: Wired , June 3, 2011. 
  29. ↑ " Global Internet User Survey 2012 ( Memento of the original from March 14, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. "Internet Society, Nov. 20, 2012 @1@ 2Template: Webachiv / IABot / www.internetsociety.org