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6.bocconi rights


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what are digital human rights

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6.bocconi rights

  1. 1. Digital Humanities - Bocconi 2016 - Luca De Biase Rights “The Internet has played a decisive role in redefining public and private space, structuring relationships between people and between people and institutions.”. Declaration of Internet Rights
  2. 2. How human rights are adapted to the info-sphere?
  3. 3. –Lawrence Lessig, Code, 2006 “Code is law”.
  4. 4. ❖ “A future of control in large part exercised by technologies of commerce, backed by the rule of law (or at least what’s left of the rule of law). ❖ The challenge for our generation is to reconcile these two forces. How do we protect liberty when the architectures of control are managed as much by the government as by the private sector? How do we assure privacy when the ether perpetually spies? How do we guarantee free thought when the push is to propertize every idea? How do we guarantee self-determination when the architectures of control are perpetually determined elsewhere?” ❖ - Lawrence Lessig, Code, 2006
  5. 5. Writing code is making law
  6. 6. Writing code is making law ❖ We regulate daily life on the basis of incentives and rules that are written in the code of which platforms are made ❖ It can be that the future will be even more so, while technologies will work more and more smoothly into our daily life ❖ A discussion about rules is a democratic discussion
  7. 7. Writing code is making law ❖ There is a “human rights dimension” for inspiration and imagination ❖ There is a “constitutional dimension” to rule the rulers ❖ There is a “legislative and administrative dimension” for normal laws ❖ There is a private participation to ruling, that happens by writing code that is adopted and becomes part of daily life ❖ There is a commons dimension that needs social innovation
  8. 8. Digital media and human rights ❖ At the Italian Chamber of deputies a Commission has been established to study and propose a Bill of rights for the Internet. The question that was asked to members is clear: does the internet change the environment in which human rights work and can be diminished? The Commission’s works have generated a Bill. What does it say? And how can it be implemented? ❖ ❖ attachments/upload_file/upload_files/000/000/189/ dichiarazione_dei_diritti_internet_inglese.pdf
  9. 9. Human rights and the internet ❖ net neutrality ❖ platform interoperability ❖ digital impact assessment
  10. 10. ❖ 3. NET NEUTRALITY ❖ Any person has the right that the data he/she transmits and receives over the Internet be not subject to discrimination, restrictions or interference based upon the sender, recipient, type or content of the data, the device used, applications or, in general, the legitimate choices of individuals. ❖ The neutrality of the network, whether it be mobile or fixed, and the right to Internet access are necessary conditions for ensuring the effectiveness of the fundamental rights of the person. They preserve the “generative” function of the Internet and the production of innovation. They ensure that messages and their applications can travel online without suffering discrimination on the basis of their content and their functions.
  11. 11. ❖ 8. RIGHT TO ONE’S IDENTITY ❖ Any person has a right to the complete and up-to-date representation of their identity on the Internet. ❖ The definition of identity regards the free construction of the personality and cannot take place without the intervention and the knowledge of the data subject. ❖ The use of algorithms and probabilistic techniques shall be disclosed to the data subject who, in any case, has the right to oppose the construction and dissemination of profiles regarding him or her. ❖ Any person has the right to provide only the information which is strictly necessary for complying with legal obligations, for the supply of goods and services or for accessing Internet platforms. ❖ The definition of an identity on the Internet by a state entity must be governed by appropriate guarantees.
  12. 12. ❖ 11. RIGHTS AND SAFEGUARDS OF PEOPLE ON PLATFORMS ❖ Digital platform operators are required to behave honestly and fairly in dealing with users, suppliers and competitors. ❖ Any person has the right to receive clear and simple information on how the platform operates, not to have contractual terms arbitrarily altered and not to be subjected to conduct that could make accessing the platform difficult or discriminatory. Any person shall be in any case notified of changes in contractual terms. In this case, they have the right to terminate the relationship, to receive a copy of the data concerning them in interoperable form and to have the data concerning them removed from the platform. ❖ Platforms that operate on the Internet, if they represent services essential to the lives and activities of people, shall facilitate conditions – in accordance with the principle of competition and under equal contractual terms – for the appropriate interoperability of their main technologies, functions and data with other platforms.
  13. 13. ❖ 14. CRITERIA FOR INTERNET GOVERNANCE ❖ Any person has the right to have their rights recognised on the Internet both at national and at international level. ❖ The Internet requires rules consistent with its universal, supranational scope, aimed at fully implementing the principles and rights set out above, to safeguard its open and democratic nature, to prevent all forms of discrimination and to prevent the rules governing its use from being determined by those who hold the greatest economic power. ❖ The construction of a system of rules shall take account of the various territorial levels (supranational, national, regional), the opportunities created by a variety of forms of self-regulation consistent with the above principles, the need to preserve the capacity for innovation, the multiplicity of actors operating on the Internet, and shall encourage involvement in ways that ensure the widespread participation of all concerned. Public institutions shall adopt the appropriate instruments to ensure such participation. ❖ In any case, the regulatory innovations regarding the Internet shall be subject to an assessment of their impact on the digital ecosystem.
  14. 14. Can we make this work by design?
  15. 15. Civic media ❖ Social media help people meet other people they like ❖ People need to meet also people they don’t necessarily like, when they have something to do together ❖ “Civic media” need to be designed in order to meet that need ❖ Luca De Biase, Media civici, Apogeo Feltrinelli, 2013