Internet Access: a Human Right?
A UN report declared Internet access a human right last summer: Cerf argues why it’s not; http://eicker.at/InternetHumanRight
A UN report declared Internet access a human right last summer: Cerf argues why it’s not; http://eicker.at/InternetHumanRight
Battelle: All brands are publishers, learn how to be a good one; http://eicker.at/BrandsArePublishers
Google Plus‘ identity crises led to #PlusGate and escalated to a war for pseudonymity: #NymWars; http://eicker.at/NymWars
Guardian: “Google Plus forces us to discuss identity – Google’s Real Name policy embodies a theory that states the way to maximise civility is to abolish anonymity. … Google Plus’s controversial identity policy requires all users to use their ‘real names’. … [P]roblems include the absurdity of Google’s demand for scans of government ID to accomplish this task and the fractal implausibility of Google being able to discern real from fake in all forms of government ID. … The first duty of social software is to improve its users’ social experience. Facebook’s longstanding demand that its users should only have one identity is either a toweringly arrogant willingness to harm people’s social experience in service to doctrine; or it is a miniature figleaf covering a huge, throbbing passion for making it easier to sell our identities to advertisers. – Google has adopted the Facebook doctrine… There could be no stupider moment for Google to subscribe to the gospel of Zuckerberg, and there is no better time for Google to show us an alternative.”
Gizmodo: “Google, Facebook and Twitter now all have similar products. But Twitter CEO Dick Costolo (somewhat inadvertently) made it clear yesterday that while all three have social networking features and make money from ads, they are in fundamentally different businesses. – At a very basic level, Google+ and Facebook are in the identity delivery business, and Twitter is in the information delivery business. That’s a powerful distinction. It reflects a fundamentally different conception of what’s more valuable: information or identity. It also gets at who is more valuable, advertisers or users. – Google and Facebook’s social products are committed to a real names policy. Both can serve someone up to a network of peers or advertisers with some degree of certainty about identity. – Twitter takes exactly the opposite route towards building a network. You can be anonymous, or use a pseudonym, or even impersonate someone else (as long as you indicate that it’s a parody). It will still connect you to others on its network, and allow you to both serve and receive data. And that’s working well, for everybody.”
SEW: “There has been a lot of speculation about why the push for real names on Facebook and now Google, with Google taking a much harder line than even Facebook, not allowing for even the simplest derivation of ‘nyms’ (pseudonyms). … Why is a company like Google taking such a hard line on something as simple as a name – even though there is no verification process for the ‘real name,’ so ultimately this policing is currently meaningless. … Google’s ambitions for Google+ appear to go far beyond social signals, marketing, and their efforts to make a better product. Dig a little further and you’ll find something called the ‘National Strategy For Trusted Identities In Cyberspace‘ (NSTIC). … A way to establish identity was never invented, so one needs to be. The difference is that companies will hold the real IDs, rather than the government – companies with ‘identity services,’ such as Google. … Maybe we have a new wrinkle in the reason behind the real ID movement, not the betterment of services for Google, but the government initiative into a real online ID system. … Real ID systems should be of concern to anyone who believes in the Bill of Rights and our freedom of speech and to not incriminate ourselves – to live a life that isn’t monitored by entities, ‘private’ or not. Is Google part of this? You have to be the judge.”
Boyle: “Thoughts on rel=author, #nymwars, ‘identity service’ – Over the past month or so, the ‘nymwars’ have become the thing Google+ is most known for among my circle of friends. This is a problem of Google’s own making: they are suspending profiles based on naive heuristics about ‘real names’ (actually typical two part western names), and demanding government ID to reinstate them. … This is not an effective defence against trolls as was initially claimed; they’re more concerned with ideas about G+ as an ‘identity service’ and a way to ‘improve our products’ than about the wishes of their users or the fact that they’re perpetuating the exclusion of minorities. … I recommend linking together your profile pages on other sites, rather than only linking everything to your Google profile. … [D]on’t just do what’s on the left here, because all those associations will be lost when your G+ profile is taken down. If you do something more like what’s on the right, other identity services / social networks and other search engines will have a better chance of presenting what you want them to present.”
Gartner, Blakley: “Google+ Can Be A Social Network Or The Name Police – Not Both – Google is currently trying to enforce a ‘common name’ policy in Google+. The gist of the policy is that ‘your Google+ name must be ‘THE’ name by which you are commonly known’. – This policy is insane. I really mean insane; the policy is simply completely divorced from the reality of how names really work AND the reality of how humans really work, and it’s also completely at odds with what Google is trying to achieve with G+. … A name is not an attribute of a person; it is an identifier of a person, chosen arbitrarily and changeable at will. … Google+’s naming policy isn’t failing because it’s poorly implemented, or because Google’s enforcement team is stupid. It’s failing because what they’re trying to do is (1) impossible, and (2) antisocial. … Google’s intention in moving into social networking is to sell ads, Google+’s common names policy gives them a lock on the North American suburban middle-aged conservative white male demographic. w00t.”
Botgirl: “Ejecting virtually identified people with active social networks shows that Google sees online relationships as illegitimate. When Google ejects you for using virtual identity it not only disrespects your privacy choice, but also the choices of everyone who circles you. Shunning the pseudonymous makes intolerance a community standard. – Today, most of the privacy we relinquish is volitional. But If we lose the Nymwars we all become permanent residents in a global Big Brother reality house. The expression of identity is multidimensional, aspects emerging and submerging in a fluid dance with the changing environment. … It’s ironic that those calling for authenticity want to make all the world a stage and cast us all as full-time unpaid actors.”
GigaOM: “Can gamification help solve the online anonymity problem? – There’s been a lot written recently about the issue of online anonymity, and in particular how Google believes that a ‘real names’ policy is necessary so that the Google+ network maintains a certain tone and level of trust. … It’s not so much that badges or other rewards – Slashdot, a pioneering geek community, has long used ‘karma points’ as a way of rewarding users and selecting moderators – cure bad behavior, or prevent trolls from coming to a site. What they do instead is make it easier to distinguish between what Slashdot calls ‘anonymous cowards’ and those who have gained the trust of the community. Over time, it becomes obvious (theoretically) who is worth listening to and who isn’t… Instead of simply trying to ban or exclude anyone who doesn’t want to use a real name, as Google is doing with Google+, why not try to design a system that rewards the type of behavior you want to see, and lets the users of that community decide who they wish to pay attention to?“
WSJ: Google increasingly is promoting some of its own content over that of rival websites; http://eicker.at/GoogleSelfPromotion
WSJ: “The Internet giant is displaying links to its own services – such as local-business information or its Google Health service – above the links to other, non-Google content found by its search engine. … Critics include executives at travel site TripAdvisor.com, health site WebMD.com and local-business reviews sites Yelp.com and Citysearch.com, among others. … The EU received a complaint from a shopping-search site that claimed it and other similar sites saw their traffic drop after Google began promoting its own Product Search service above conventional search results. … The issue isn’t entirely new. The company for several years has used prominent links to services such as Google Finance and Google Maps to boost their popularity, with varying results.”
Google: “When someone searches for a place on Google, we still provide the usual web results linking to great sites; we simply organize those results around places to make it much faster to find what you’re looking for. For example, earlier this year we introduced Place Search to help people make more informed decisions about where to go. Place pages organize results around a particular place to help users find great sources of photos, reviews and essential facts. This makes it much easier to see and compare places and find great sites with local information.”
SEL: “The question of Google’s right to refer traffic to its own sites is once again in the center of policy debate. The European Commission is looking at this issue as part of its larger anti-trust investigation against Google. It’s also a question at the heart of the federal regulatory review of the ITA acquisition. … What are or should be Google’s ‘obligations’ to third party publishers? This is the central question it seems to me. – These are all very difficult issues and become extremely problematic at the level of execution. If regulators start intervening in Google’s ability to control its algorithm and its own SERP it sets a bad precedent and compromises Google’s ability to innovate and maybe even compete over time. … It has also been held by courts that the content of SERPs is an ‘editorial’ arena protected by the First Amendment. So hypothetically Google could only show Google-related results and still be within the law. … Google’s dominance of the market may decline in a few years. I’m not a laissez-faire, free-market lover but the market may take care of itself. Facebook and others are working on ways to discover content that don’t require conventional search-engine usage.”
TC: “Displaying local results this way is a little less in your face, but the end result is the same. In both cases, the main link still goes to the businesses’ own websites, but the Google Places links are also prominent. Either way, the message is clear to local businesses: list your profile in Google Places and you will have a better shot at appearing at the top of the first search results page. – Are these results better for users? It depends on how good are the Google Places listings. Some of them are very good, I will admit. But try any local search and I bet you will consistently get Google Places results, sometimes taking up most of page – not always at the very top, but always as a block. They can’t all be better than results for businesses which don’t happen to have a Google Places listing. Remember, Google Places is still fairly new and developing.“
Neal Stephenson may have found the holy grail for the future of book publishing with The Mongoliad; http://eicker.at/Mongoliad
The impact of WikiLeaks? Duty to basically reconsider and agree on informational self-determination; http://eicker.at/WikiLeaks
WikiLeaks: “…is a not-for-profit media organisation. Our goal is to bring important news and information to the public. We provide an innovative, secure and anonymous way for sources to leak information to our journalists (our electronic drop box). One of our most important activities is to publish original source material alongside our news stories so readers and historians alike can see evidence of the truth. We are a young organisation that has grown very quickly, relying on a network of dedicated volunteers around the globe. … WikiLeaks has combined high-end security technologies with journalism and ethical principles. Like other media outlets conducting investigative journalism, we accept (but do not solicit) anonymous sources of information. Unlike other outlets, we provide a high security anonymous drop box fortified by cutting-edge cryptographic information technologies. This provides maximum protection to our sources. We are fearless in our efforts to get the unvarnished truth out to the public. When information comes in, our journalists analyse the material, verify it and write a news piece about it describing its significance to society. We then publish both the news story and the original material in order to enable readers to analyse the story in the context of the original source material themselves.”
Wikipedia: “The term informational self-determination was first used in the context of a German constitutional ruling relating to personal information collected during the 1983 census. – In that occasion, the German Federal Constitutional Court ruled that: ‘[…] in the context of modern data processing, the protection of the individual against unlimited collection, storage, use and disclosure of his/her personal data is encompassed by the general personal rights of the [German Constitution]. This basic right warrants in this respect the capacity of the individual to determine in principle the disclosure and use of his/her personal data. Limitations to this informational self-determination are allowed only in case of overriding public interest.‘ – Informational self-determination is often considered similar to the right to privacy but has unique characteristics that distinguish it from the ‘Right to privacy’ in the United States tradition. Informational self-determination reflects Westin’s description of privacy: ‘The right of the individual to decide what information about himself should be communicated to others and under what circumstances‘ (Westin, 1970). In contrast, the ‘Right to privacy’ in the United States legal tradition is commonly considered to originate in Warren andBrandeis’ article, which focuses on the right to ‘solitude’ (i.e., being ‘left alone’) and in the Constitution’s Fourth Amendment, which protects persons and their belongings from warrantless search.”
Democracy Now: “Goodman: ‘…not all transparency advocates support what WikiLeaks is doing. Today we’ll host a debate. Steven Aftergood is one of the most prominent critics of WikiLeaks and one of the most prominent transparency advocates. … We’re also joined by Glenn Greenwald. He’s a constitutional law attorney and political and legal blogger for Salon.com who’s supportive of WikiLeaks.’ … Aftergood: ‘I’m all for the exposure of corruption, including classified corruption. And to the extent that WikiLeaks has done that, I support its actions. The problem is, it has done a lot more than that, much of which is problematic. It has invaded personal privacy. It has published libelous material. It has violated intellectual property rights. And above all, it has launched a sweeping attack not simply on corruption, but on secrecy itself. And I think that’s both a strategic and a tactical error. It’s a strategic error because some secrecy is perfectly legitimate and desirable. It’s a tactical error because it has unleashed a furious response from the U.S. government and other governments that I fear is likely to harm the interests of a lot of other people besides WikiLeaks who are concerned with open government.’ … Greenwald: ‘If you look at the overall record of WikiLeaks – and let me just stipulate right upfront that WikiLeaks is a four-year-old organization, four years old. They’re operating completely unchartered territory. Have they made some mistakes and taken some missteps? Absolutely. They’re an imperfect organization. But on the whole, the amount of corruption and injustice in the world that WikiLeaks is exposing… I criticize them, for instance, for exercising insufficient care in redacting the names of various Afghan citizens who cooperated with the United States military. They accepted responsibility for that, and in subsequent releases, including in the Iraq document disclosures, they were very careful about redacting those names.'”
Reporters Without Borders: “Wikileaks has in the past played a useful role by making information available to the US and international public that exposed serious violations of human rights and civil liberties which the Bush administration committed in the name of its war against terror. … But revealing the identity of hundreds of people who collaborated with the coalition in Afghanistan is highly dangerous. It would not be hard for the Taliban and other armed groups to use these documents to draw up a list of people for targeting in deadly revenge attacks. … Nonetheless, indiscriminately publishing 92,000 classified reports reflects a real problem of methodology and, therefore, of credibility. Journalistic work involves the selection of information. The argument with which you defend yourself, namely that Wikileaks is not made up of journalists, is not convincing. Wikileaks is an information outlet and, as such, is subject to the same rules of publishing responsibility as any other media. … Wikileaks must provide a more detailed explanation of its actions and must not repeat the same mistake. This will mean a new departure and new methods.”
Reporters Without Borders: “…condemns the blocking, cyber-attacks and political pressure being directed at cablegate.wikileaks.org, the website dedicated to the US diplomatic cables. The organization is also concerned by some of the extreme comments made by American authorities concerning WikiLeaks and its founder Julian Assange. … We stress that any restriction on the freedom to disseminate this body of documents will affect the entire press, which has given detailed coverage to the information made available by WikiLeaks, with five leading international newspapers actively cooperating in preparing it for publication. – Reporters Without Borders would also like to stress that it has always defended online freedom and the principle of ‘Net neutrality,’ according to which Internet Service Providers and hosting companies should play no role in choosing the content that is placed online.”
Preston/Guardian: “Be clear, right from the start. Any editor presented with a quarter of a million US State Department documents on a WikiLeaks plate has a duty to sift, check – and publish. Newspapers exist to get news into print, not shilly-shally around as pompous (and, alas, often American) champions of the public’s right not to know too much. And if, thus far, the most unexpected story of the lot is Washington’s inability to keep its diplomatic traffic secret, that’s a public service, too. … At which point – casting aside assorted bits of legislation, editing codes and sheaves of moral guidance – a more basic test applies. Do you, printing the WikiLeaks bumper bundle, feel queasy or certain you’re trying to do the right thing? How would you feel if you didn’t print them? And, equally, would you feel chastened, angry, maybe ashamed, if your telephone hacking exploits were laid out to the full by Private Eye?” (Guardian’s WikiLeaks-coverage)
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Gerrit Eicker 11:36 on 6. January 2012 Permalink |
UN: “Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression – This report explores key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet. The Special Rapporteur underscores the unique and transformative nature of the Internet not only to enable individuals to exercise their right to freedom of opinion and expression, but also a range of other human rights, and to promote the progress of society as a whole. Chapter III of the report underlines the applicability of international human rights norms and standards on the right to freedom of opinion and expression to the Internet as a communication medium, and sets out the exceptional circumstances under which the dissemination of certain types of information may be restricted. Chapters IV and V address two dimensions of Internet access respectively: (a) access to content; and (b) access to the physical and technical infrastructure required to access the Internet in the first place. More specifically, chapter IV outlines some of the ways in which States are increasingly censoring information online, namely through: arbitrary blocking or filtering of content; criminalization of legitimate expression; imposition of intermediary liability; disconnecting users from Internet access, including on the basis of intellectual property rights law; cyber-attacks; and inadequate protection of the right to privacy and data protection. Chapter V addresses the issue of universal access to the Internet. The Special Rapporteur intends to explore this topic further in his future report to the General Assembly. Chapter VI contains the Special Rapporteur’s conclusions and recommendations concerning the main subjects of the report.”
Wired: “U.N. Report Declares Internet Access a Human Right – A United Nations report said Friday that disconnecting people from the internet is a human rights violation and against international law. – The report railed against France and the United Kingdom, which have passed laws to remove accused copyright scofflaws from the internet. It also protested blocking internet access to quell political unrest… The report, by the United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, comes the same day an internet-monitoring firm detected that two thirds of Syria’s internet access has abruptly gone dark, in what is likely a government response to unrest in that country.”
Cerf, NYT: “Internet Access Is Not a Human Right – It is no surprise, then, that the protests have raised questions about whether Internet access is or should be a civil or human right. … In June, citing the uprisings in the Middle East and North Africa, a report by the United Nations’ special rapporteur went so far as to declare that the Internet had ‘become an indispensable tool for realizing a range of human rights.’ … But that argument, however well meaning, misses a larger point: technology is an enabler of rights, not a right itself. There is a high bar for something to be considered a human right. Loosely put, it must be among the things we as humans need in order to lead healthy, meaningful lives, like freedom from torture or freedom of conscience. It is a mistake to place any particular technology in this exalted category, since over time we will end up valuing the wrong things. … Indeed, even the United Nations report, which was widely hailed as declaring Internet access a human right, acknowledged that the Internet was valuable as a means to an end, not as an end in itself. … While the United States has never decreed that everyone has a ‘right’ to a telephone, we have come close to this with the notion of ‘universal service’… Improving the Internet is just one means, albeit an important one, by which to improve the human condition. It must be done with an appreciation for the civil and human rights that deserve protection – without pretending that access itself is such a right.”
GigaOM: “Cerf’s position is somewhat surprising because, as even he acknowledges in his piece for the NYT, the events of the ‘Arab Spring’ in 2011… Cerf is also the ‘chief Internet evangelist’ at Google, so it seems a little odd he would be downplaying the need for widespread internet access and the benefits that it brings to society. … In a nutshell, Cerf’s argument seems to be that if we define Internet access itself as a right, we are placing the focus on the wrong thing. The ‘Net, he says, is just a technological tool that enables us to exercise other fundamental rights, such as the right to free speech or access to information – and rights should not be awarded to tools, but to the ends that they enable us to reach. … The Internet is a fundamental method of communication and connection, and is becoming more fundamental all the time, as we’ve seen in the Middle East and elsewhere. Seeing it as a right is an important step towards making it available to as many people as possible.”
TL: “As I noted in my earlier essay, the best universal service policy is marketplace competition. When we get the basic framework right – low taxes, property rights, contractual enforcement, anti-fraud standards, etc. – competition generally takes care of the rest. But competition often doesn’t develop – or is sometimes prohibited outright – in sectors or for networks that are declared ‘essential’ facilities or technological entitlements. … So, while I appreciate and agree with Cerf’s humorous point that ‘Today, if I were granted a right to have a horse, I’m not sure where I would put it,’ the more interesting question is this: If government would have decreed long ago that everyone had a right to a horse, would that have meant everyone actually got one? … These are the sort of questions rarely asked initially in discussions about proposals to convert technologies or networks into birthright entitlements. Eventually, however, they become inescapable problems that every entitlement system must grapple with. When we discuss the wisdom of classifying the Internet or broadband as a birthright entitlement, we should require advocates to provide us with some answers to such questions. Kudos to Vint Cerf for helping us get that conversation going in a serious way.”
TC: “So, is the internet a human right? It is our best and most effective way of achieving a universal freedom of expression, and it should be treated as such. But to enshrine it, as others have said, as a human right when it is in fact merely a powerful enabler thereof, is an unnecessary step. Laws and regulations, and things like UN guidelines, should be aimed at enshrining rights in their pure and timeless forms, not in derivative forms, however widespread and important those derivatives may be.”
TR: “It might be argued that internet access was a civil right, since it is something that people look to governments to provide as a matter of course. But even this argument is shaky, he warns. Instead we should look not to the technology, but to the technology industry, to protect human rights, and it is up to engineers to ensure universal, safe internet access. … Cerf, whose current day job is being an internet evangelist for Google, may well have a point. But based on current evidence, there’s a mixed record from the technology industry thus far, not least from Silicon Valley itself. … From a technical perspective, El Reg suspects that Cerf has it right: the internet is no more a human right than a road or telephone. But looking to a relatively amoral industry like technology to act as a human rights guardian is asking for trouble.“