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