Human rights and Internet
regulation
Dr Ian Brown
Oxford Internet Institute
University of Oxford

The revolution will be tweeted?

Key constitutional protections
Reaffirming their profound belief extending the ground of public
in those fundamental freedoms confidence in the Government,
which are the foundation of will best insure the beneficent
justice and peace in the world: ends of its institution…
…
§8 Everyone has the right to I: Congress shall make no law
respect for his private and family
life, his home and his respecting an establishment of
correspondence religion, or prohibiting the free
exercise thereof; or abridging the
§9 Everyone has the right to freedom of speech, or of the
freedom of thought, conscience press; or the right of the people
and religion peaceably to assemble
§10 Everyone has the right to IV: The right of the people to be
freedom of expression secure in their persons, houses,
papers, and effects, against
§11 Everyone has the right to unreasonable searches and
freedom of peaceful assembly seizures, shall not be violated
and to freedom of association (US Bill of Rights, 1791)
with others (ECHR, 1950)

Protecting free speech
 US Communications
Decency Act of 1996; Child
Online Protection Act of
1998
 UK Internet Watch
Foundation and CleanFeed
 Australia trying to block
access to sites “unsuitable
for children” and “unsuitable
for adults”
 Great Firewall of China
 Disconnecting Burma
Flickr user racoles (2007)

Libel tourism
 London has become the international venue of choice
for defamation cases (Abrams, 2009)
 “The practice of libel tourism…is now an international
scandal. It shames Britain and makes a mockery of the
idea that Britain is a protector of core democratic
freedoms.” –Dennis McShane MP
 Laws “served to discourage critical media reporting on
matters of serious public interest, adversely affecting
the ability of scholars and journalists to publish their
work” –UN Human Rights Committee

Protecting privacy
 Privacy critical for freedom of
expression, conscience and
association
 If data can be collected about
individuals, there will be
government pressure to store,
enhance and access that
information
 E.g. PATRIOT Act National
Security Letters, NSA activities
within the US, EU data retention
directive, National DNA Database

Promoting accountability
 “Publicity is justly commended as
a remedy for social and industrial
diseases. Sunlight is said to be
the best of disinfectants; electric
light the most efficient
policeman.” –Justice Louis
Brandeis (1913)
 Duck islands and moat cleaning
 Surveillance v sousveillance

Protecting young people
 “Sexual predation in all its forms…is an abhorrent crime…
cases typically involved post-pubescent youth who were
aware that they were meeting an adult male for the purpose
of engaging in sexual activity”
 “Bullying and harassment…are the most frequent threats
that minors face”
 “Unwanted exposure to pornography does occur online, but
those most likely to be exposed are those seeking it out,
such as older male minors.”
 “Those…most at risk often engage in risky behaviors and
have difficulties in other parts of their lives.”
Palfrey, Sacco, boyd & DeBonis (2009) pp.4—5

Conclusions
 Privacy and freedom of expression, conscience and association
are core, mutually interdependent human rights
 Governments play a key role in promoting these values:
 By legislating their protection
 By avoiding legislation and technological mandates that facilitate
surveillance and censorship
 Free speech and information are critical for ensuring government
accountability
 Young people can best be protected online by strategies designed
around detailed understanding of threats and their own needs

References
R. Deibert, J. Palfrey, R. Rohozinski, J. Zittrain (eds.) Access Denied: The
Practice and Policy of Global Internet Filtering, MIT Press, 2008.
I. Brown. Internet filtering — be careful what you ask for. In Kirca, S and
Hanson, L. (eds.) Freedom and Prejudice: Approaches to Media and
Culture, Bahcesehir University Press, 2008 pp.74—91.
J. Palfrey, D. Sacco, d. boyd, L. DeBonis. Enhancing Child Safety and Online
Technologies, Final Report of the Internet Safety Technical Task Force,
Harvard University, 2009.
I. Brown. Regulation of Converged Communications Surveillance. In B. Goold
and D. Neyland (eds.) New Directions in Privacy and Surveillance, Willan,
2009 pp.39—73.
F. Abrams, Through the looking glass. Index on Censorship, 1, 2009.