[governance] Rights in IG research

[Jeffrey A. Williams]

Avri and all,

  Rights Avri, and never disputable.  To suggest such is an exercise
in illogic of monumental proportions...  Rights either exist and are
recognized, or they are not.  In America we have "Enailiable Rights"
that phrase is self defining, it is not disputable legally.  It is often
disputed on the edges, and as when a dispute is attempted, it is
usually resoundingly defeated, and pardon the pun, rightly so!

  Recent Supreme court case regarding 2nd amendment right to
bare arms is such an example of the upholding properly of
"Enailiable Rights".  I believe this right *May* extend to the
Internet as well, given DDOS attacks, IPhijacking, Domain
Name Tasting, IDtheft due to poor security policies and
practices, Whois security breaches and accuracy dificiencies,
Fast-Fluxing, Domain Name Hijacking by Registrars a la RegistryFly,
Godaddy, and Enom, Phishing, ect., ect...


Avri Doria wrote:

> <probably an irrelevant aside>
>
> On 18 Aug 2008, at 13:55, Milton L Mueller wrote:
>
> > Parminder and I had a long debate about
> > the "right to development," which I consider a paradigmatic instance
> > of
> > the manufacture of an incoherent right. Not possible to recap that
> > debate here, and I know I am challenging conventional sentiment
> > among CS
> > types, but I'm not backing down because i think rights-inflation and
> > sloppy thinking about what constitutes basic human rights is really
> > damaging to the realization of real human rights.
>
> ever since that discussion (where i sort of sided with Parminder) i
> have been trying to work my way through the issue, though, i must
> confess,  from a philosophical point of view.
>
> being somewhat slow, i have not gotten very far, but have gotten to a
> point  where i think that we fall into a problem between the notion of
> basic human rights and those that are derivative from other the basic
> human rights.
>
> i am not sure which are which yet, at least not from a strict
> philosophical analysis, but from a pragmatic/political point of view
> anything defined in UDHR can be called basic as it constitutes agreed
> language that the signatories can be held to (of course taking into
> account the get out of rights trump clause - 29).
>
> this does not mean that those that are not in UDHR are not as
> important, more immediately accessible or perhaps the way to achieving
> the basic rights, but they are not basic indisputable rights.
>
> a.
>
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Regards,

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