<br><br><div class="gmail_quote">On Tue, Jan 17, 2012 at 7:59 AM, McTim <span dir="ltr"><<a href="mailto:dogwallah@gmail.com">dogwallah@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
If we had a UN Summit (again) to declare<br>
Internet a Human Right, I fear such a Summit would go much further<br>
towards the IBSA model than would be useful. In addition, I have<br>
always felt that Internet comes under the rubric of communication,<br>
which we already have as a HR.<br></blockquote><div><br><b>Just as we haven't needed a "Summit" to declare a specific "right of property" in cyberspace, we do not <u>require</u> a "Summit" to find or declare human rights of speech/communication and association, etc., as applied in cyberspace. </b><br>
<br>Such declarations of rights on the Internet in a hypothetical Summit could be <i>useful for clarity's sake</i>, just like the Bill of Rights in the USA as the first ten amendments to the US Constitution was useful because it added some clarity to the pre-existing rights of the people (but, pointedly, DID NOT create those rights, as the 9th and 10th amendments with their reservations of other rights in the people and the States, makes clear). <br>
<br>However, (<u>as you point out</u>) a hypothetical new Summit on Internet rights could also result in a <i>de facto</i> retrenchment / reduction in rights, when (and if) the actual language approved carves out exceptions that wouldn't exist through the application of pre-existing but more general human rights to the new context of the Internet. Yet the very fact that you mention this concern clearly implies what is indeed the case: <u>Human rights already exist on the Internet</u>, but they are being contested by Vint Cerf/Google and various others, and thus are subject to continuous expansion, contraction and revision, fluctuating with public awareness of the issues and court rulings, etc.<br>
<br>Question: Why would <b>humans</b> understand and support <b><i>property</i> rights</b> on the Internet, but not understand or support <b>human</b> <b>rights</b> on the Internet? <br><br>Answer: Businesses <i>pay</i> humans to advocate for business property rights, and to steer clear of advocating for human rights on the Internet except where absolutely necessary or supportive of the business' bottom line. Take away the voices (in our imagination) of those on the payroll of various businesses, and there would be every bit, if not more, acceptance of human rights on the Internet as there presently is for property rights on the Internet. <br>
<br>And yet, conceptualizing property rights on the internet has definite conceptual difficulties too, including but not limited to problems associated with intangible property, extraterritorial application of (US, often) law, and others. These difficulties do not lead business evangelists of the Internet to despair, or to give up on the project of a radical expansion of property rights into cyberspace.<br>
<br>Paul Lehto, J.D. <br> </div></div>-- <br>Paul R Lehto, J.D.<br>P.O. Box 1 <br>Ishpeming, MI 49849 <br><a href="mailto:lehto.paul@gmail.com">lehto.paul@gmail.com</a><br>906-204-4026 (cell)<br><br><br><br><br><br><br>