internet access: human right?
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internet access: human right?
heated debate
bbc poll un special rapporteur
un human rights committee
two dimensions
contentconnectivity
human rights framework
content – political – 1st – refrainconnectivity – social? – 2nd – proactive
any 3rd? not b/w distinction
human rights framework
dependencelimitations
3 problems
1.sui generis right vs. derivative
rationaleinternet: novelty? fundamental?
derivative: enough? precedent
what about art 8 eu cfr
art 19 iccpr
b) everyone shall have the right to freedom of expression … include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice
art 19 iccpr: commentary
15. … take account of the extent to which developments in ict … have substantially changed communication practices … should take all necessary steps to foster the independence of these new media and to ensure access of individuals thereto
2.codification
1st vs. 2nd positive obligation: intensity
protection: strength
3.new borders in cyberspace
digital dividecyberspace: (state) control
impact: connectivity & contentresponse: human rights
summary
internet access: two dimensionssui generis right vs. derivative
codificationnew borders in cyberspace
conclusions
debate: maturing yet not readyif cfr drafted today: most probably include
human rights in the digital erauni leeds 16 sep 2011
dariusz.kloza@vub.ac.bepaul.de.hert@vub.ac.be
vub.ac.be/LSTS
cpdpconferences.orgfb: ip & it law enthusiasts
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