The inclusion of these kinds of measures obscure, rather than clarify, important differences between Internet totalitarian nations like China and Western democracies. There are legitimate arguments on both sides of this issue, but there is considerable evidence that it is inefficient to have too many facilities-based broadband providers, particularly in high-cost areas. The report provides no evidence that the FCC is not free, fair, or independent. Interestedly, the report did not appear to penalize the United States on this factor, even though that was the year Democratic FCC Chairman Tom Wheeler took the unprecedented step of acting at the behest of the White House, in this case on net neutrality regulations.
A fair assessment would examine factors such as whether the FCC was not operating as an independent agency and whether it violated the Administrative Procedures Act. Did the United States have less Internet freedom before , when Chairman Wheeler introduced his net neutrality regulation? The answer is no. Were there any specific net neutrality violations in ?
The report also penalizes countries without taking crucial context into account. The report also confuses local competition with national, and it appears to lower the score of the United States for having larger ISPs and allowing some ISPs to merge, even though the merged companies were not competing in the same service territories and therefore the mergers could not have had an impact on competition.
At best, reasonable people can differ on the question of whether the merger enhances or detracts from consumer welfare. But it certainly has little to do with Internet freedom. There is considerable evidence, in fact, that the merger will provide numerous benefits, including intensifying competition between existing providers and accelerating the transition to 5G networks.
For these reasons, U. Is Freedom House really saying that people are less free if service providers and other technology companies comply with court-approved, lawful government requests by information? This is another issue open to legitimate disagreement. It would make more sense to penalize the perpetrator, Russia, rather than the victim, the United States, would it not? Moreover, to the extent cybersecurity laws are weak in the United States, it is because organizations with the same ideology as Freedom House oppose them, because they worry about the impact on privacy.
Indeed, if the Congress had enacted a stronger cybersecurity law that would allow better online protection, then it is likely the U. It should be okay to engage in illegal activities on the Internet, such as take copyrighted materials, because the Internet is a governance-free zone?
This orientation is why, in its report criticizing the United States, Freedom House writes:. Advertisement, production, distribution, and possession of child pornography—on the internet and in all other media—is prohibited under federal law and can carry a sentence of up to 30 years in prison.
According to the Child Protection and Obscenity Enforcement Act of , all producers of sexually explicit material must keep records proving that their models and actors are over 18 years old. In addition to prosecuting individual offenders, the Department of Justice, the Department of Homeland Security, and other law enforcement agencies have asserted their authority to seize the domain name of a website allegedly hosting child abuse images after obtaining a court order.
It also criticizes U. China occupied the last place in internet freedom, scoring only ten index points based on various factors including obstacles to access, limits on content, and violations of user rights. Loading statistic Show source. Download for free You need to log in to download this statistic Register for free Already a member? Log in. Show detailed source information? Register for free Already a member? More information. Supplementary notes. Other statistics on the topic. Joseph Johnson.
Research expert covering internet use, cybercrime, digital privacy, and online search. Profit from additional features with an Employee Account. Please create an employee account to be able to mark statistics as favorites. Then you can access your favorite statistics via the star in the header. Profit from additional features by authenticating your Admin account. Then you will be able to mark statistics as favourites and use personal statistics alerts. However, the protection of human rights offered by local enforcement mechanisms is insufficient, particularly when attempting to apply to those who provide online services from third countries.
Thanks to the free flow of information! The growing importance of the Internet in our lives, and the privileged role that private actors have in the network, force us to consider their responsibility in relation to the violation of human rights online. However, voluntary mechanisms or local solutions are not fully effective, however. Maybe it is time to revisit the United Nations initiative to establish a treaty which makes the respect of human rights enforceable, not only by states but also by private actors, who today control the Internet.
The absence of an effective international forum for Internet governance perpetuates certain asymmetries of power between those who currently manage it and those who do not. In addition to being an open and free space, the Internet establishes a real common patrimony of humanity. Consequently, it should have a system of governance, an international regulatory framework, and institutional operations similar to other goods with common patrimonial interests, such as Antarctica, the radio spectrum, or the High Seas.
An Internet based on human rights cannot depart from the assumption that citizens and civil society organizations have established capacities to participate in Internet governance.
Quite the contrary. With the exception of a few, most countries lack such capacities, or they are co-opted by the private sector or the government in office. An Internet policy based on human rights should empower people so that they can effectively exercise their citizenship in the digital environment and can to be participants in Internet governance, either directly or through democratic channels.
A certain amount of realism requires paying attention to these circumstances, just as the operation of most of the global economy on the market base. However, considering the market cannot involve yielding to their needs or their efficiency standards, particularly if they involve the erosion of human rights. A human rights-based Internet must give preference to human rights rather than to the market.
So, you cannot advocate for moderation with respect to the right to privacy or any other right, in order to preserve the free flow of wealth. Nor can one exclude the imposition of limitations on intellectual property, or other essentially private interests, when they are necessary to ensure the realization of human rights.
Human rights first, the market after. The Internet each day takes on an increasingly larger role in social life and it is necessary to prepare a clear human rights policy with its regard. This policy cannot, however, be limited to a local and partial approach of only certain fundamental rights that favors market operation, silences the role of the state, and omits the challenges of effective global Internet governance.
An Internet policy based on human rights should be sustained by a global and comprehensive view of these rights, including civil and political rights, as much as social, economic, and cultural rights, including the right to development. This policy should empower individuals to effectively exercise their citizenship in the digital environment and to be able to participate in Internet governance, to establish clear responsibilities for private sector actors and to give preference to human rights over market demands.
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New York: Basic Books. Rio de Janeiro: Elsevier. Public Law. Available at:. A ideologia da propriedade intelectual: a inconstitucionalidade da tutela penal dos direitos patrimoniais de autor. Freedom of expression on the Internet: implications for foreign policy. Alberto J. Cerda Silva is an assistant professor of computer law at the University of Chile.
He is currently a Fulbright Scholar pursuing doctoral studies at Georgetown University Law Center with a thesis on human rights and Internet regulation in Latin America. E-mail: acerda uchile. Original in Spanish.
Translated by Kathryn Griffith. Received in March Approved in April How to cite this article Chicago format: Alberto J. ABSTRACT Technological development provides new opportunities for the progress of humanity as well as for the realization of human rights, although, at the same time, it also creates new risks for these rights. Introduction The Internet has burst into our lives.
Internet Freedom Internet Freedom designates a series of public-private initiatives which intend to confront government demands to implement systems of censorship and surveillance of people through the Internet CLINTON,
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