Is Internet Access a Fundamental Right?
Addressing the Issue of Governmentally Controlled Internet Access
Jeff Eakins
COML 509 – Social Dynamics of Communication Technology
Sept. 12, 2009
On June 20th 2009, a shocking video of the death of Neda Soltani was uploaded to YouTube. As a young, female reporter, Neda was on the streets in Iran during the protests against the re-election of President Ahmadinejad when she was shot through the heart by a stray bullet. Observers captured the scene on video as she lay on the street, blood pouring from her mouth and nose. The video was uploaded to the internet and Neda quickly became a rallying cry for the world against oppression. Among the protests and violence lay another issue which presented itself in the way the video was uploaded. The Iranian government had blocked access to websites and jammed satellite television signals in order to quell the riots and hide from the world, the disarray their country was in. They made it illegal to broadcast any material dealing with the riots. However, the Iranian people were able to use anti-filtering software as well as cell phones and Bluetooth technology in order to get their message and images to the world.
Such a ban on internet use and governmental controlled access to websites causes one to question – is internet use a fundamental human right or is it a privilege? “Are peoples' fundamental human rights being violated when they don't have access to the internet? It's tempting to consider internet access a luxury, but consider the increased quality of life that comes with the huge jump in access to cultural and logistical information the internet brings.” (Kirkpatrick, 2009)
In June of 2009, France’s high court, the Constitutional Council, ruled that access to the internet is a fundamental human right. (Kirkpatrick, 2009) This ruling came in a case where France was trying to deny internet access to those who had “three strikes” against them regarding copyright infringement. However, the European Parliament voted against codifying internet access as a basic human right. “It's gratifying to see that someone recognizes that Internet access doesn't rank alongside free speech, even if it can help to publish that speech. Speech is fundamental, but how you express it need not be.” (Asay, 2009)
Should access to information be a right for all people? If so, should all information be accessible or is that to be limited? “If the stated direction of government is eGovernment then citizen access to the Internet is a right not a privilege. Following this line of reasoning, shouldn't I have a right to cable TV, since that's where I watch C-SPAN and other government-related activity? Indeed, the interesting thing about the fundamental rights enshrined in the U.S. Constitution is that they mostly involve keeping government out of the lives of citizens, whereas these new government-granted rights do the opposite: they beg government to get deeply involved with citizens' lives through taxes and regulation.” (Asay, 2009)
On September 11, 2009 I posted a comment on the discussion board for my Communications 509 class at Gonzaga University. The post was also about whether internet access was a right or a privilege and had a link to a video stream on hulu.com. Unfortunately my instructor, Alexander Kuskis, was not able to view the post because he lives in Canada and has restricted access. His return post offered great insight into this argument. “Over 60 years ago the United Nations enacted the Universal Declaration of Human Rights as “a common standard of achievement for all peoples and all nations” (UDHR, 1948). Two articles of this declaration make reference to the access and use of technology as a human right:
Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers (UDHR, 1948).
Article 27: Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits (UDHR, 1948).
Additionally, the United Nations Development Program brings further definition to internet access as a human right:
Education, knowledge, information and communication are at the core of human progress, endeavor and well-being. Further, Information and Communication Technologies (ICTs) have an immense impact on virtually all aspects of our lives… Communication is a fundamental social process, a basic human need and the foundation of all social organization. It is central to the Information Society. Everyone everywhere should have the opportunity to participate and no one should be excluded from the benefits the Information Society offers (UNDP, 2001).
If this is the case, however, then why are governments outside the United States restricting access to certain websites and content? Could this be a positive thing? I take into account the crime that is being committed through the internet as a medium. Consumer Fraud Reporting (2009) reports the following statistics regarding internet fraud, scam and crime statistics:
Addressing the Issue of Governmentally Controlled Internet Access
Jeff Eakins
COML 509 – Social Dynamics of Communication Technology
Sept. 12, 2009
On June 20th 2009, a shocking video of the death of Neda Soltani was uploaded to YouTube. As a young, female reporter, Neda was on the streets in Iran during the protests against the re-election of President Ahmadinejad when she was shot through the heart by a stray bullet. Observers captured the scene on video as she lay on the street, blood pouring from her mouth and nose. The video was uploaded to the internet and Neda quickly became a rallying cry for the world against oppression. Among the protests and violence lay another issue which presented itself in the way the video was uploaded. The Iranian government had blocked access to websites and jammed satellite television signals in order to quell the riots and hide from the world, the disarray their country was in. They made it illegal to broadcast any material dealing with the riots. However, the Iranian people were able to use anti-filtering software as well as cell phones and Bluetooth technology in order to get their message and images to the world.
Such a ban on internet use and governmental controlled access to websites causes one to question – is internet use a fundamental human right or is it a privilege? “Are peoples' fundamental human rights being violated when they don't have access to the internet? It's tempting to consider internet access a luxury, but consider the increased quality of life that comes with the huge jump in access to cultural and logistical information the internet brings.” (Kirkpatrick, 2009)
In June of 2009, France’s high court, the Constitutional Council, ruled that access to the internet is a fundamental human right. (Kirkpatrick, 2009) This ruling came in a case where France was trying to deny internet access to those who had “three strikes” against them regarding copyright infringement. However, the European Parliament voted against codifying internet access as a basic human right. “It's gratifying to see that someone recognizes that Internet access doesn't rank alongside free speech, even if it can help to publish that speech. Speech is fundamental, but how you express it need not be.” (Asay, 2009)
Should access to information be a right for all people? If so, should all information be accessible or is that to be limited? “If the stated direction of government is eGovernment then citizen access to the Internet is a right not a privilege. Following this line of reasoning, shouldn't I have a right to cable TV, since that's where I watch C-SPAN and other government-related activity? Indeed, the interesting thing about the fundamental rights enshrined in the U.S. Constitution is that they mostly involve keeping government out of the lives of citizens, whereas these new government-granted rights do the opposite: they beg government to get deeply involved with citizens' lives through taxes and regulation.” (Asay, 2009)
On September 11, 2009 I posted a comment on the discussion board for my Communications 509 class at Gonzaga University. The post was also about whether internet access was a right or a privilege and had a link to a video stream on hulu.com. Unfortunately my instructor, Alexander Kuskis, was not able to view the post because he lives in Canada and has restricted access. His return post offered great insight into this argument. “Over 60 years ago the United Nations enacted the Universal Declaration of Human Rights as “a common standard of achievement for all peoples and all nations” (UDHR, 1948). Two articles of this declaration make reference to the access and use of technology as a human right:
Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers (UDHR, 1948).
Article 27: Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits (UDHR, 1948).
Additionally, the United Nations Development Program brings further definition to internet access as a human right:
Education, knowledge, information and communication are at the core of human progress, endeavor and well-being. Further, Information and Communication Technologies (ICTs) have an immense impact on virtually all aspects of our lives… Communication is a fundamental social process, a basic human need and the foundation of all social organization. It is central to the Information Society. Everyone everywhere should have the opportunity to participate and no one should be excluded from the benefits the Information Society offers (UNDP, 2001).
If this is the case, however, then why are governments outside the United States restricting access to certain websites and content? Could this be a positive thing? I take into account the crime that is being committed through the internet as a medium. Consumer Fraud Reporting (2009) reports the following statistics regarding internet fraud, scam and crime statistics:
I think of James von Brunn who shot and killed a security guard at the National Holocaust Museum after bragging of his racist and murderous tendencies on the internet. I think of George Sodini who blogged about his attempts at shooting women in a fitness club long before he actually carried out the act. I also think of other information that leads to crime- pornography, gambling sites and other forums. Should they not be monitored and controlled? Should sex offenders or other convicted criminals be granted internet access to further their
illegal activities? So, is global internet access a right or a privilege? “Basic access is a right, just as being able to read a newspaper or use a phone. We all have a right to information, and there is some information that is *only* available online. As often is the case, technology has blurred the line and will force us to rethink many things.” (Jerv, 2009) Writer Matt Asay says it best, “We may choose to shoulder the responsibility for delivering Internet access to Europe and the rest of the world, but let's term it as a "fundamental responsibility," and not as a "fundamental right." (Asay, 2009)
References
Asay, M. (2009, May 6) Is Internet access a 'fundamental right'? The Open Road retrieved from http://news.cnet.com/8301-13505_3-10234555-16.html
Consumer Fraud Reporting (2009) [Graph illustration chart 10, contact methods] Contact
methods used in internet crime retrieved from http://www.consumerfraudreporting.org/internet_scam_statistics.htm
Jerv (2009, Aug. 20) [Msg 9], Is Internet Use a Privilege or a Right? message posted to
http://www.answerbag.com/q_view/1651778
Kirkpatrick, M. (2009, June 11) Is Internet Access a Fundamental Human Right? retrieved from http://www.readwriteweb.com/archives/is_internet_access_a_fundamental_human_right_franc.php
Kuskis, A. (2009, September 11) Knowledge & Communication Are Rights [Msg 2], Message
posted to http://jesuitnet.blackboard.net/webapps/portal/frameset.jsp?tab_id=_2_1&url=%2fwebapps%2fblackboard%2fexecute%2flauncher%3ftype%3dCourse%26id%3d_3694_1%26url%3d
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