AW: [governance] NYT opinion by Vint Cerf: Internet Access is not a HR

[Kettemann, Matthias (matthias.kettemann@uni-graz.at)]

Roland and all, 

the right to access does not imply the right to participate in any one mailing list, just as the right to association does not imply the right to be a member of any one specific organization, or the right to freedom of expression the right to have one's op-eds published in the NY Times. 

Being in jail is not per se a human rights violation. Just consider Art. 5 of the European Convention on Human Rights:
"Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
[...]"

Just as the right to liberty of person - a classical "civil" right in traditional parlance - can be limited, the right to access (and the right to liberty of person, and the right to privacy, and to family life, to association, to freedom of assembly ...) can also be limited by, for instance, being in jail. However, this has nothing to do with the arbitrary distinction of civil vs. human rights. 

Civil rights are human rights. And human rights can be limited. Indeed, sometimes states are obliged to limit certain human rights to meet other human rights obligations - when they limit hate speech amounting to direct and public incitement for genocide in implementation of their duty under Articles III and V of the UN Genocide Convention.

Kind regards

Matthias




-----Ursprüngliche Nachricht-----
Von: governance at lists.cpsr.org [mailto:governance at lists.cpsr.org] Im Auftrag von Roland Perry
Gesendet: Donnerstag, 05. Jänner 2012 15:51
An: governance at lists.cpsr.org
Betreff: Re: [governance] NYT opinion by Vint Cerf: Internet Access is not a HR

[...]

After all, even this very open-minded mailing list has thrown people off in the past for spamming or trolling. And does the right extend to convicts in jail (who will undoubtedly use it to organise further crime and jailbreaks?)

Now, I understand that some people are worried that cutting off access even to those who badly misbehave is a step too far. But that's why it needs to be a "Civil right" not a "Human right".
--
Roland Perry

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