Internet Access Is a Human Right, Says United Nations
mashable.com
mashable.com
I mean, there are politicians in democratic states who believe that protections afforded to the press on the basis of rights don’t apply to, for example bloggers. It’s not altogether obvious why freedom of expression or speech should automatically include the internet.
The primary diplomatic function of the U.N. is laying down specific guidelines for international conduct, so that there's no more arguing about what constitutes a violation of a specific treaty.
For example, suppose Ukrageria says, "But Zimbraqistan stationed 14 battleships outside of our port, that's an act of war," and Zimbraqistan counters, "But we just want them to lift the 200% tariff on Zimbraqistanian goods." The U.N. has specifically said that free access to ports is a sovereign right, so that resolves this dispute and gives Ukrageria international support for a declaration of war against Zimbraqistan.
Similarly, some countries have criticized Egypt for disconnecting its citizens from the global internet. Egypt in turn counters that their citizens still can express their opinions and speak freely so it's not a human rights violation. The purpose of the U.N.'s resolution is to resolve this dispute and clarify that freedom of expression must include international communication over the internet.
The internet is particularly important because it is very good for getting a message out to the world at large. Other existing channels tend to be more difficult to use or more limited. The internet lets people document current events first-hand without having to rely on reporters or news organizations.
So there are definitely some completely rational and practical reasons to declare internet access an international right, at the very least as a check against oppressive government.
Isn't that already covered under freedom of speech?
Reading a political screed, for instance, is not speech. It is probably protected in some other way, but I'm actually unaware of how. (Actually, considering workplace laws, I begin to suspect it's not protected.) Differently, is clicking a Like button considered speech? What about Unliking? How about transferring a file, or maintaining a personal wiki that no one else has access to?
These aren't questions I want answered anytime soon. I'd rather leave them alone and simply say that people should have the opportunity to engage in these activities, full stop, without having to figure out whether or not they're speech.
No one has a right to travel. It's actually phrased as the right to freedom of movement, which is a good confusing phrase because it prevents you from thinking you already know what it means. You have (in a free country) the right to go where you want. You don't have the right to a plane ticket.
Positive rights are dangerous. Positive rights inherently impose obligations on someone. They should be phrased that way to begin with. I can rationally discuss the idea of "education is an obligation of government" because it means what it says. If I dare say "children don't have a right to an education" I'll get lynched.
For many many many examples of how your argument breaks down, look no further than the US constitution. We have the right to freedom of the press - yet no one demands they get a free press. The right to bear arms - yet no one demands the government give everyone guns to exercise that right. The right not be compelled to self-incriminate, yet no one demands free paper shredders or disk wiping utilities. The right to sue anyone for more than $25, but no one demands free lawyers (for this purpose criminal defense is a different -- no disingenuous replies on this please).
So yeah a positive right in this case would provide an obligation for someone, but it doesn't mean providers must give no-charge options, it means the government would be obliged to not deny citizens internet access (except possibly as a penalty for crimes, ala prison does for a lot of rights).
Essentially this is a longwinded way of me stating this is a combination of strawman and slippery slope fallacies piled on factually incorrect statements.
If you take this as the former, then perhaps I agree. But I suspect this was intended to be the latter -- i.e. freedom from ignorance.
I think the Internet absolutely should receive First Amendment protection in the US (and the US Supreme Court agrees), but calling it a human right doesn't seem to agree with the definition[2]. I'd love to hear arguments for the other side.
Note that this doesn't mean I think governments should be able to actively deny individuals access to the Internet, but a Constitutional right is not the same as a human right.
The purpose of the law is to make sure, that those bubbles are about equally sized for everyone.
Rights are "not absolute" only is the sense that exercising your right does not absolve you from responsibility for violating other people's rights. So, if you exercise your right to freely use your property, say, a gun, and shoot somebody - you'll go to jail. But not for using your gun - but rather for violating other's right to live unshot by your gun. Your right to use your property didn't go anywhere, but it also didn't remove your responsibility for the consequences of such use. If there's no consequences, there's no place for government to intervene (I know most governments disagree, of course they do).
This seems to be the most natural definition of rights. I can say whatever unless doing so prevents you from also speaking. Thus, I can't use even larger speakers to drown out what a protesters outside my factory are saying. But, I could use them to convey my message.
[1]https://www.btg-bestellservice.de/pdf/80201000.pdf - see Article 5
Second, "freedom" is not a right and never has been. It is not a useful term on its own. You can be free to do something, or free from something, but you can't just be generically free.
You seem to be asking this rhetorically, but I don't see what your objection to people being allowed to demand access to the Internet is. Could you actually spell it out?
The Internet just seems really specific (see the list of others at http://www.un.org/en/documents/udhr/).
That's why people who campaign for positive rights make a grave error, IMO. It cheapens the entire concept.
That's roughly what taxes are for, yes.
> Why is the Internet a human right but electricity, which is kind of critical to running the Internet, is not?
There are a number of arguments for electricity being a human right. I'm perfectly okay with saying it is one.
That said, the interesting point is that you're imagining electricity here to be an implicit right of Internet access. That's fine, but it implies that, if Internet access did not require electricity (and who knows, maybe it won't someday), the claim is that Internet access remains a human right without a need to imply a right to electricity.
I'm okay with those who have having to pay for those who have not.
Freedom to access internet is to same level, it means human people shouldn't be arbitrarily blocked from accessing internet, that's all, that's enough, and that's already a lot, actually.
Does freedom of speech mean everyone should be able to demand access to a printing press?
Specifically: This marks a departure from the conclusions of the 2nd World Water Forum in The Hague in 2000, which stated that water was a commodity to be bought and sold, not a right.[102] There are calls from many NGOs and politicians to enshrine access to water as a binding human right, and not as a commodity.
It seems to imply pretty clearly that access to water as a human right contradicts requirement for payment. The same argument is frequently heard when the healthcare is discussed. So I would say implying that it means not only ability to access but actually ability to access for all, regardless of means - is not out of the question. At least it does not contradict how many other "rights" are interpreted.
Nah, that's freedom of the press. :P
(Aaand thinking about it, half the people who see this comment won't realize this, so:
That was a joke.)
>The first of these political senses of freedom or liberty (I shall use both words to mean the same), which (following much precedent) I shall call the ‘negative’ sense, is involved in the answer to the question ‘What is the area within which the subject – a person or group of persons – is or should be left to do or be what he is able to do or be, without interference by other persons?’ The second, which I shall call the positive sense, is involved in the answer to the question ‘What, or who, is the source of control or interference, that can determine someone to do, or be, one thing rather than another?’ The two questions are clearly different, even though the answers to them may overlap.
[1] http://www1.nsd131.org/classpages/bwilliamson/Shared%20Docum...
What is one of the main arguments against that distinction? Well, consider: many people here are arguing that the Internet isn't a right because someone has to provide or pay for it. In some sense, it's not a "natural" right in the same way that they perceive, say, property rights to be.
But when you say you have property rights, you're not just saying that the government won't come and take your stuff. You're saying that the government has a positive obligation to send violent thugs in uniform to protect a monopoly, of use and transfer, over a physical object that it has recognized for you. (After all, otherwise a right to private property would be meaningless.)
That leads the people making the initial positive/negative distinction into an intellectual trap: all of a sudden, their negative liberty has shown its true colors. It requires as much government involvement as, say, the universal provision of healthcare service. Or the Internet! Even freedom of speech requires government action to uphold: it's pretty meaningless to have freedom of speech if the government won't back up its guarantee of force on individuals who would harm you for saying something.
This move by the UN seems a deliberate point to ensure 'the internet' cannot be excluded from these bounds. I'm not sure the USA has yet been so explicit.
As a side point for educative purposes only - the US bill of rights was not the first to enshrine freedom of speech and press for a country - that was the French Declaration of the Rights of Man and of the Citizen (though both built on the English bill of rights, which enshrined freedom of speech for parliamentarians).
No, of course not. We all get our ideas from somewhere. Much of American law and concepts come from English common law. The English picked it up from the Romans and Germans. So on and so forth.
However, the US bill of rights is certainly the longest lasting. It is my understanding that the US constitution is the oldest constitution that is still in effect.
The English common law right of free speech exists to this day and has (largely) not been supplanted. It exists in many countries that use English common law as a base.
Enshrining it in a constitution was new, perhaps, but then the idea of a constitution was new. The UK still doesn't have a constitution.
The gist of the motion is captured in the affirmation that "the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice" [http://www.regeringen.se/content/1/c6/19/64/51/6999c512.pdf]
The UN is simply affirming that the media through which a expression is conveyed should not change the understanding that freedom of expression is a human right.
Interestingly, as far as I can tell, the 3 strikes thing wouldn't last in an EU court anyway as it contradicts a lot of existing human rights law.
One problem the UK government has is that it is on a program of moving essential government services to the internet, so cutting whole house holds off the internet would deny public services to people. Worse still, innocent by standers and / or kids. The schools my kids go to extensively use the internet for homework, etc.
In the end, 3 strikes will fail, if it ever gets enacted. Like I say, all we have to do is suffer for a few years while it happens. Why do we have to go through this pain? Because certain industries that pour money in to party funds refuse to change. So, rather than prop them up with public money, government uses law. Quite vile, but there we go, we voted these people in, so its "our" fault.
(Edited typo)
Access devices are a human right. Electricity is a human right. Access to telecom lines (of some sort) is a human right. Access to mobile or a spot to plug into is a human right. Transistors are a human right. Storage is a human right. Some kind of electronic or digital display is a human right.
More to the point, I don't read that proclamation as "everyone is entitled to internet access".
I read it as: no-one (specifically government) should be able to take away your access to internet.
The difference is not that subtle.
It's important because it counters a growing world-wide tendency to take away your access after some minor infractions like copyright infringement.
It rightly recognizes that access to internet is almost a necessity to conduct your daily business (in first world countries, at least) and denying that access creates incredible hardship and can ruin lives (ruin not at all rhetorically; if you, for example, make money via etsy or odesk, taking away this income might push you over the poverty line).
Let's do it.
Know the difference, lest people argue about different things.
http://mondoweiss.net/2012/07/state-dept-says-it-is-not-cons...
MS. NULAND: We have no reason to believe that it is not credible. It’s based on eyewitness accounts, and they’re reporting from a broad cross-section of human rights figures inside Syria.
QUESTION: So the next time Human Rights Watch comes out with a report that’s critical of Israel for its treatment of the Palestinians, I’ll assume that you’re going to be saying the same thing, correct; that you think that the report is credible, it’s based on eyewitness accounts?
MS. NULAND: As --
QUESTION: And you’re not going to say that it’s politically motivated and should be dismissed?
MS. NULAND: Matt, as you have made clear again and again in this room, we are not always consistent.
https://www.google.com/search?q=peaceful+settlement+of+the+q...
http://www.normanfinkelstein.com/resolving-the-israel-palest...
Year
Vote
[Yes-No-Abstained]
Negative votes cast by… 2005
156-6-9
Israel, United States , Australia, Marshall Islands, Micronesia, Palau
2006
157-7-10
Israel, United States , Australia, Marshall Islands, Micronesia, Nauru, Palau
2007
161-7-5
Israel, United States , Australia, Marshall Islands, Micronesia, Nauru, Palau
It's obvious that the U.S. will never try to wrest sovereignty from a stable Western-style representative government, so countries are willing to let the U.S. solve the so-called "Security Dilemma" for them. If this means giving them effective veto power over U.N. resolutions for such time as they retain a military hegemony, so be it. There are a lot of benefits to having a hegemon in power, and as Empires go, the American Empire is relatively benign unless you think that American cultural influence will destroy the world or something.
Um. This isn't true according to an Economist article I'm having trouble finding. Switching over to Wikipedia, China has the largest active military by a good 8.3 million troops; you'd have to find some explanation that can convincingly say that America has more power by another measure.
Source: http://en.wikipedia.org/wiki/List_of_countries_by_number_of_...
Military size is only a small factor when comparing world super powers. Going by that Wikipedia list, North Korea's military isn't too far from the US military. But we all know how that war would go.
You must be kidding! Do you not know about the dozens of civilian leaders elected by majority of the citizens which the US assassinated or kidnapped to install a puppet client dictator?
You mean when we had to destroy the villages in order to save them?
Here is a tiny snapshot from the list of coups by US against popular elected leaders of the world:
https://www.google.com/webhp?q=We%20had%20to%20destroy%20the...
https://www.google.com/search?q=1953+iran+coup+cia+mi6 (a brutal puppet dictator King Raza Shah Pehlvi was installed in 1953, the Iranians overthrew the tyrant in 1979 and they have been under sanctions since then, Saddam was given weapons in 1980s to kill the Iranians, i.e. before Iraq was the target of sanctions in 1990s)
https://www.google.com/search?q=1954+guatemala+coup+cia
Remember when Vietnam was denied the right to democracy and instead 4 million Vietnamese bombed and killed, to solve their "security dilemma?" 1954 Dwight Eisenhower: "80% of the population in Vietnam would have voted for the Communist "Ho Chi Minh" over the Emperor Bảo Đại"
https://www.google.com/search?q=1955-1973+Cambodia+laos+bomb... <--roughly half million peasants killed to solve the "security dilemma"
https://www.google.com/search?q=1960+patrice+lumumba+assassi... <-- first elected President of Congo
https://www.google.com/search?q=1962+guyana+riots+cia
https://www.google.com/search?q=1964+brazil+coup+cia
https://www.google.com/search?q=1973+chile+coup+cia <-- that was 9/11/1973
http://www.fair.org/index.php?page=1084/ "Lesley Stahl on U.S. sanctions against Iraq: We have heard that a half million children have died. I mean, that's more children than died in Hiroshima. And, you know, is the price worth it?
Secretary of State Madeleine Albright: I think this is a very hard choice, but the price--we think the price is worth it.
--60 Minutes (5/12/96)"
Just imagine someone saying, "3000 American civilians died on 9/11/01 but the cost was worth it." When it's half a million brown / non-European white kids the cost was definitely worth it.
Even if you think of the UN as a benign force of good, you still have no way of removing yourself from it.
Each citizen in a country has the possibility and the right to switch to another country, if, for whatever reason, they cannot abide by that countrys laws. This stretches from religious freedom to tax freedom. Yet it's impossible to escape the UN, and, as many people find out the hard way, when the UN passes a rule that ruins your life, you can't vote for the other guy.
My take is that every country should have to hold a periodic (say 10 year) referendum of whether to stay in the UN and continue to fund its programs. Happily, this would easily pass. But it would be nice to think that a citizen can enforce some accountability on the largest government of them all.