Human rights and Internet regulation

Dr Ian BrownOxford Internet Institute

University of Oxford

The revolution will be tweeted?

Key constitutional protectionsReaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world:…§8 Everyone has the right to respect for his private and family life, his home and his correspondence

§9 Everyone has the right to freedom of thought, conscience and religion

§10 Everyone has the right to freedom of expression

§11 Everyone has the right to freedom of peaceful assembly and to freedom of association with others (ECHR, 1950)

extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution…

I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble

IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated (US Bill of Rights, 1791)

Protecting free speech US Communications

Decency Act of 1996; Child Online Protection Act of 1998

UK Internet Watch Foundation and CleanFeed

Australia trying to block access to sites “unsuitable for children” and “unsuitable for adults”

Great Firewall of China

Disconnecting BurmaFlickr user racoles (2007)

Libel tourismLondon has become the international venue of

choice for defamation cases (Abrams, 2009)

“The practice of libel tourism…is now an international scandal. It shames Britain and makes a mockery of the idea that Britain is a protector of core democratic freedoms.” –Dennis McShane MP

Laws “served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work” –UN Human Rights Committee

Protecting privacyPrivacy critical for freedom of

expression, conscience and association

If data can be collected about individuals, there will be government pressure to store, enhance and access that information

E.g. PATRIOT Act National Security Letters, NSA activities within the US, EU data retention directive, National DNA Database

Promoting accountability “Publicity is justly

commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” –Justice Louis Brandeis (1913)

Duck islands and moat cleaning

Surveillance v sousveillance

Protecting young people “Sexual predation in all its forms…is an abhorrent

crime…cases typically involved post-pubescent youth who were aware that they were meeting an adult male for the purpose of engaging in sexual activity”

“Bullying and harassment…are the most frequent threats that minors face”

“Unwanted exposure to pornography does occur online, but those most likely to be exposed are those seeking it out, such as older male minors.”

“Those…most at risk often engage in risky behaviors and have difficulties in other parts of their lives.”

Palfrey, Sacco, boyd & DeBonis (2009) pp.4—5

Conclusions Privacy and freedom of expression, conscience and

association are core, mutually interdependent human rights

Governments play a key role in promoting these values: By legislating their protection By avoiding legislation and technological mandates that

facilitate surveillance and censorship

Free speech and information are critical for ensuring government accountability

Young people can best be protected online by strategies designed around detailed understanding of threats and their own needs

ReferencesRonald Deibert, John Palfrey, Rafal Rohozinski, Jonathan Zittrain

(eds.) Access Denied: The Practice and Policy of Global Internet Filtering, Cambridge: MIT Press, 2008.

I. Brown. Internet filtering — be careful what you ask for. In Kirca, S and Hanson, L. (eds.) Freedom and Prejudice: Approaches to Media and Culture, Istanbul: Bahcesehir University Press, 2008 pp.74—91.

J. Palfrey, D. Sacco, d. boyd, L. DeBonis. Enhancing Child Safety and Online Technologies, Final Report of the Internet Safety Technical Task Force, 2009.

I. Brown. Regulation of Converged Communications Surveillance. In B. Goold and D. Neyland (eds.) New Directions in Privacy and Surveillance, Exeter: Willan, 2009 pp.39—73.

F. Abrams, Through the looking glass. Index on Censorship, 1, 2009.