This document provides a summary of the key principles from the document "The Right to Share: Principles on Freedom of Expression and Copyright in the Digital Age" published by ARTICLE 19 in 2013.
The document outlines 15 principles regarding balancing copyright with freedom of expression online. It affirms that freedom of expression is a fundamental human right and that copyright restrictions must comply with international law. It also stresses that limitations on copyright such as fair use must be interpreted broadly. Finally, it argues that measures like website blocking and disconnection from the internet for copyright infringement are disproportionate restrictions on freedom of expression.
Freedom of expression on the internet enables widespread sharing of information but also enables illegal and unethical activities if used improperly. Key issues around freedom of expression online include controlling access to information, especially for children; anonymity which allows anonymous speech but is also used for illegal acts; defamation which restricts untrue statements that harm others; and pornography which some view as protected speech while others see it as harmful if accessible to children. Responsible use of new communication technologies requires consideration of these complex issues around ethics, law, and society.
1) Governments face tensions between privacy and security when collecting data on individuals, and between free speech and censorship online. Constitutional protections of privacy, expression, and other rights aim to address these tensions.
2) However, these protections are not always effective, as governments have compelled decryption or carried out mass data retention programs. Courts have sometimes ruled these actions disproportionate or not necessary.
3) Technological designs that support privacy principles like data minimization can help uphold privacy and free speech laws, rather than having technology determine the scope of these rights.
This document discusses censorship, intellectual property, and privacy in relation to the internet. It begins by defining censorship as the attempt to suppress material deemed offensive. It then discusses challenges of internet censorship due to its decentralized nature. Issues around privacy and intellectual property like peer-to-peer file sharing are also examined. Various organizations that advocate for internet freedom and openness are mentioned. Ethical views on these topics from philosophers like John Stuart Mill are referenced.
Free Speech (Lecture at the Hong Kong Polytechnic University, 2014)EmmanuelGillet
Free Speech in a Comparative Perspective. — Related course: Legal Aspects of E-Commerce (in a comparative perspective: Hong Kong and major markets: U.S.A, E.U. and P.R.C), as a lecturer, The Hong Kong Polytechnic University — 2013-2014 Academic year — 50 students
License CC BY-NC-ND 4.0
Rethinking Originality in Copyright Law and Exploring the Potential for a Glo...Manoj Isuru Kotigala
This document provides an overview and analysis of originality as a requirement for copyright protection under the laws of different jurisdictions. It discusses the role of originality, the idea-expression dichotomy, and the different tests used to determine originality (e.g. skill/labour/judgment, author's own intellectual creation, minimum creativity). The document also explores the need for harmonization and possibility of a global threshold of originality, given international treaties advocating for uniformity. It analyzes challenges to adopting a single global test, such as accounting for cultural variations. The document concludes by advocating for the "author's own intellectual creation" test as the proper standard.
International Press Institute (IPI) Senior Press Freedom Adviser Steven M. Ellis will present information related to the IPI’s current project “Strengthening Journalists’ Rights, Protections and Skills: Understanding Defamation Laws versus Press Freedom”. The project seeks to examine the effects that defamation, insult and blasphemy laws in the 28 EU member countries and five candidate countries have on the practices of journalism and the exercise of press freedom.
IPI will soon be issuing a study detailing defamation law in EU member and candidate states, examining the extent to which these laws comport with international standards and offering recommendations for potential changes. Ellis will explain to participants the purpose, history and methodology behind the forthcoming study and share details regarding planned follow-up workshops and trainings. Using specific examples from relevant countries, Ellis will also detail potential pitfalls that journalists face under national criminal and civil laws on defamation, insult and blasphemy. Participants will be given examples of types of conduct that may lead to liability, potential defences to liability, potential consequences that a finding of civil or criminal liability may carry and examples of recent legal developments. Finally, he will provide a broad overview of relevant international free expression standards in order to foster awareness among journalists of their rights in cases where national laws have not yet caught up to those standards.
BlBased
Article 19(1) (a) of the Constitution of India states that, “all citizens shall have the right to freedom of speech and expression”. The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. The exercise of this right is, however, subject to “reasonable restrictions” for certain purposes being imposed under Article 19(2) of the Constitution of India.
The role of science and technology as empowerment of person and stateDr Lendy Spires
This document discusses how information and communication technologies (ICTs) both empower individuals and strengthen nation states. ICTs allow individuals to exercise self-determination, impact elections and governments outside their own countries, and disclose information that impacts global events. However, ICTs also represent a powerful tool that governments can leverage through controlling communication gateways and broadcast licenses to extend their influence. Recent examples of both individual empowerment and government control include the Arab Spring uprisings, which were organized using social media but were met with threats from governments to restrict social media access in some countries. The interests of individuals and nation states in asserting control over communication are now in conflict.
Freedom of expression on the internet enables widespread sharing of information but also enables illegal and unethical activities if used improperly. Key issues around freedom of expression online include controlling access to information, especially for children; anonymity which allows anonymous speech but is also used for illegal acts; defamation which restricts untrue statements that harm others; and pornography which some view as protected speech while others see it as harmful if accessible to children. Responsible use of new communication technologies requires consideration of these complex issues around ethics, law, and society.
1) Governments face tensions between privacy and security when collecting data on individuals, and between free speech and censorship online. Constitutional protections of privacy, expression, and other rights aim to address these tensions.
2) However, these protections are not always effective, as governments have compelled decryption or carried out mass data retention programs. Courts have sometimes ruled these actions disproportionate or not necessary.
3) Technological designs that support privacy principles like data minimization can help uphold privacy and free speech laws, rather than having technology determine the scope of these rights.
This document discusses censorship, intellectual property, and privacy in relation to the internet. It begins by defining censorship as the attempt to suppress material deemed offensive. It then discusses challenges of internet censorship due to its decentralized nature. Issues around privacy and intellectual property like peer-to-peer file sharing are also examined. Various organizations that advocate for internet freedom and openness are mentioned. Ethical views on these topics from philosophers like John Stuart Mill are referenced.
Free Speech (Lecture at the Hong Kong Polytechnic University, 2014)EmmanuelGillet
Free Speech in a Comparative Perspective. — Related course: Legal Aspects of E-Commerce (in a comparative perspective: Hong Kong and major markets: U.S.A, E.U. and P.R.C), as a lecturer, The Hong Kong Polytechnic University — 2013-2014 Academic year — 50 students
License CC BY-NC-ND 4.0
Rethinking Originality in Copyright Law and Exploring the Potential for a Glo...Manoj Isuru Kotigala
This document provides an overview and analysis of originality as a requirement for copyright protection under the laws of different jurisdictions. It discusses the role of originality, the idea-expression dichotomy, and the different tests used to determine originality (e.g. skill/labour/judgment, author's own intellectual creation, minimum creativity). The document also explores the need for harmonization and possibility of a global threshold of originality, given international treaties advocating for uniformity. It analyzes challenges to adopting a single global test, such as accounting for cultural variations. The document concludes by advocating for the "author's own intellectual creation" test as the proper standard.
International Press Institute (IPI) Senior Press Freedom Adviser Steven M. Ellis will present information related to the IPI’s current project “Strengthening Journalists’ Rights, Protections and Skills: Understanding Defamation Laws versus Press Freedom”. The project seeks to examine the effects that defamation, insult and blasphemy laws in the 28 EU member countries and five candidate countries have on the practices of journalism and the exercise of press freedom.
IPI will soon be issuing a study detailing defamation law in EU member and candidate states, examining the extent to which these laws comport with international standards and offering recommendations for potential changes. Ellis will explain to participants the purpose, history and methodology behind the forthcoming study and share details regarding planned follow-up workshops and trainings. Using specific examples from relevant countries, Ellis will also detail potential pitfalls that journalists face under national criminal and civil laws on defamation, insult and blasphemy. Participants will be given examples of types of conduct that may lead to liability, potential defences to liability, potential consequences that a finding of civil or criminal liability may carry and examples of recent legal developments. Finally, he will provide a broad overview of relevant international free expression standards in order to foster awareness among journalists of their rights in cases where national laws have not yet caught up to those standards.
BlBased
Article 19(1) (a) of the Constitution of India states that, “all citizens shall have the right to freedom of speech and expression”. The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. The exercise of this right is, however, subject to “reasonable restrictions” for certain purposes being imposed under Article 19(2) of the Constitution of India.
The role of science and technology as empowerment of person and stateDr Lendy Spires
This document discusses how information and communication technologies (ICTs) both empower individuals and strengthen nation states. ICTs allow individuals to exercise self-determination, impact elections and governments outside their own countries, and disclose information that impacts global events. However, ICTs also represent a powerful tool that governments can leverage through controlling communication gateways and broadcast licenses to extend their influence. Recent examples of both individual empowerment and government control include the Arab Spring uprisings, which were organized using social media but were met with threats from governments to restrict social media access in some countries. The interests of individuals and nation states in asserting control over communication are now in conflict.
An Overview of the Battle for the Control of the InternetDibussi Tande
Presentation to a joint/plenary session of the 16th Highway Africa Conference and the 3rd World Conference of the Global Forum for Media Development (GFMD) in Grahamstown, South Africa, September 10, 2012.
Eu human rights guidelines on freedom of expression online and offlineDr Lendy Spires
This document outlines guidelines adopted by the EU Council regarding freedom of expression both online and offline. It defines key terms like freedom of opinion and expression, and outlines international standards. It explains that freedom of expression is a fundamental human right that is essential for democracy, participation, and development. It also covers issues like protecting journalists and other media actors, ensuring access to information, and balancing rights to privacy and data protection with freedom of expression online. The guidelines are intended to promote and protect freedom of opinion and expression in the EU's external actions.
The document summarizes several key media laws in the UK, including:
1) The Race Relations Act of 1976 which prevents discrimination based on race in employment, goods/services, education, and public functions and established the Commission for Racial Equality.
2) The Human Rights Act of 1998 which aims to further protect the rights contained in the European Convention on Human Rights in UK law.
3) The Licensing Act of 2003 which establishes a single licensing scheme for premises selling alcohol or providing entertainment and sets out four licensing objectives around public safety, crime prevention, and protecting children.
This document provides an overview of internet governance and policy best practices. It covers:
- Definitions of internet governance and the issues it encompasses such as infrastructure, standards, legal matters and access.
- A brief history of internet governance including the establishment of key organizations like ICANN, IETF and involvement of the UN.
- An introduction to content control including the types of content commonly restricted, technical and legal methods of control, and a global overview of censorship.
- Issues regarding regulation of content by private companies as well as challenges in the quasi-public sphere.
- Examples of content restriction cases and efforts to protect free expression on private platforms like the Global Network Initiative.
Shall we learn how to protect out personal data? An introduction to personal ...NikoYanev
The document provides an overview of the history of personal privacy and data protection laws from 1890 to the present. It discusses key events and regulations including the 1890 Harvard Law Review article establishing the "right to be let alone", the 1928 Olmstead vs US Supreme Court case, the 1950 European Convention on Human Rights, the 1967 Katz vs US case, the 1995 European Data Protection Directive, and the 2018 General Data Protection Regulation (GDPR). The GDPR is the successor to earlier data protection laws and establishes strict rules for handling personal data and penalties for non-compliance.
The document discusses press laws and practices in Ethiopia. It outlines provisions in the Ethiopian constitution and international laws that guarantee freedom of expression and press freedom. However, in practice press freedom is limited. The government controls most media organizations and internet access. Private newspapers and magazines have small circulations and limited coverage. Several journalists have been imprisoned under anti-terrorism laws. Overall, while laws ensure free press, the reality is that most media is state-controlled and critical journalists face censorship and legal issues.
A violation of copyright law through photocopying inAlexander Decker
This document discusses copyright violation through photocopying at Delta State University in Nigeria. It begins by defining copyright and explaining its purpose of encouraging creative works while allowing public access. The study aims to investigate how photocopying violates copyright law, the roles of libraries in copyright, penalties for violation, and challenges faced by Nigeria's copyright commission. It reviews literature on the concept of copyright law and means of protection. The researcher intends for the study to create awareness of copyright law and reduce violations by understanding penalties and challenges.
This document discusses copyright violation through photocopying at Delta State University in Nigeria. It finds that photocopying of textbooks and other materials is widespread without permission from copyright holders. A survey found that on average, students make over 1,200 photocopies per session that violate copyright, totaling over 600 million copies across universities in Nigeria. Academic staff were also found to make hundreds of photocopies annually that violated copyright. The widespread unauthorized photocopying results in huge financial losses for copyright holders. The document examines definitions of copyright and photocopying under Nigerian law and the problems caused by lack of access to materials and enforcement of copyright.
The document summarizes several key laws related to media in the UK, including:
1) The Race Relations Act 1976 which prevents discrimination based on race in employment, goods/services, education, and public functions and established the Commission for Racial Equality.
2) The Human Rights Act 1998 which aims to further protect the rights contained in the European Convention on Human Rights in UK law.
3) The Licensing Act 2003 which establishes a single licensing scheme for premises selling alcohol or providing entertainment, taking into account crime prevention, public safety, nuisance prevention, and child protection.
4) Privacy, copyright, libel, obscenity, and broadcasting laws are also briefly outlined.
Freedom Of Speech And Expression Vis à Vis CensorshipShiva Shankara
This document discusses freedom of speech and expression with regards to censorship. It begins by outlining the constitutional protections for freedom of speech in India and internationally. It then discusses the reasons why free speech is important, including for discovering truth, self-fulfillment, democracy, and pluralism. The document outlines reasonable restrictions on free speech in India, such as for security, public order, and defamation. It then discusses laws relating to censorship in India and how censorship can restrict free speech, giving examples of pre-publication bans and defamation laws.
The Broadcasting Act 1990 reformed the structure of British broadcasting by abolishing the Independent Broadcasting Authority and replacing it with the Independent Television Commission and Radio Authority to regulate broadcasting with a "lighter touch". It aimed to reform the entire system of British broadcasting, which had been described as having "restrictive practices". The Act led directly to changes in the regulation of both British television and radio.
The Race Relations Act 1976 was established to prevent discrimination based on race in employment, goods/services, education, and public functions. It also created the Commission for Racial Equality to enforce the act. The Human Rights Act 1998 aims to further protect the rights contained in the European Convention on Human Rights in UK law. The Licensing Act 2003 establishes a single licensing scheme for premises selling alcohol, providing entertainment, or late night refreshments. It outlines four licensing objectives that must be considered, including crime prevention and child protection.
The document discusses the Freedom of Information Act (FOIA) and how it balances public access to information with privacy rights. It provides an overview of key provisions of FOIA, including that it applies to the executive branch but not Congress or the president. It also outlines several exemptions for releasing information, such as those protecting personal privacy or national security. The document analyzes several court cases that have helped define the scope and limitations of FOIA, including how technology has impacted views on privacy and what constitutes an unwarranted invasion of privacy.
The Broadcasting Act 1990 reformed the structure of British broadcasting by abolishing the Independent Broadcasting Authority and replacing it with the Independent Television Commission and Radio Authority to regulate broadcasting with a "lighter touch". The goal of the Act, which was seen as an example of Thatcherism, was to reform British television which Margaret Thatcher had criticized for its restrictive practices.
The global protection of intellectual property: in whose interests?blogzilla
The document discusses concerns about the current state of global intellectual property (IP) governance and its impact on access to knowledge and technology. It outlines how IP law has heavily favored right holders in recent decades. However, the Doha declaration and WIPO Development Agenda are seen as steps towards rebalancing IP law to also support public access, particularly for developing countries. The document advocates encouraging these processes to integrate development policy considerations into IP law and WIPO's activities.
The document discusses the history of the internet in the Philippines. It began in 1986 with the first Philippine-based public access bulletin board system (BBS) that connected to international networks. In the 1990s, universities helped connect the country to the global internet through Australia, and the Philippine Network Foundation allowed the first 64 kbps connection to the US. Major events included DOST funding internet infrastructure in 1993, PLDT providing the first commercial connection in 1994, and the 1995 telecommunications law that deregulated the industry and allowed more internet service providers. The internet then commercialized and became available to the public.
The document explores several issues related to the possibility of uploading human minds to computers, as envisioned by some transhumanists. It discusses how uploading could complicate notions of personal identity, as individuals may have multiple copies of themselves existing simultaneously. It also examines potential ethical dilemmas, such as whether digital duplicates would have the same rights and value as original humans. Finally, it raises questions about whether an uploaded mind would still be considered the same self or person. The document aims to critically analyze some of the complex philosophical implications if mind uploading became technologically feasible.
The document discusses potential implications of emerging human enhancement technologies for the future of work. Key points include:
1) Enhancement technologies over the next decade could significantly change how people work by improving learning, task performance, motivation, ability to work in extreme conditions or older age, and reducing work-related illness.
2) Implications will be complex with many social and political tensions, such as benefits to employees but risks of being seen as solutions to difficult working conditions with implications for well-being.
3) The distinction between enhancement and restoration is difficult but important to regulatory decisions, and use of restorative technologies could diminish lines between disabled and non-disabled.
4) Usefulness of enhance
In the next 10 years, smart machines will augment humans in many tasks like assisting doctors, fighting in battles, manufacturing, and assisting in various professions. While machines will replace humans in some routine tasks, the partnership between humans and machines will build on our respective strengths. Humans have advantages in tasks requiring thinking, creativity, social/emotional skills, and improvisation, while machines are better suited for repetitive, dangerous, large/small-scale, and data-driven tasks. An optimal partnership is emerging where humans and machines collaborate to achieve more than either could alone.
This document contains 24 multiple choice questions from an ECO 550 midterm quiz covering topics such as production sets, costs, market structures, game theory, and more. The questions assess understanding of concepts like isoquants, marginal costs, perfect competition, monopoly, oligopoly, and Nash equilibrium. Sample questions include the impact of a new software reducing marginal costs, identifying a supply curve, and calculating profit for a monopolist at a given marginal cost.
An Overview of the Battle for the Control of the InternetDibussi Tande
Presentation to a joint/plenary session of the 16th Highway Africa Conference and the 3rd World Conference of the Global Forum for Media Development (GFMD) in Grahamstown, South Africa, September 10, 2012.
Eu human rights guidelines on freedom of expression online and offlineDr Lendy Spires
This document outlines guidelines adopted by the EU Council regarding freedom of expression both online and offline. It defines key terms like freedom of opinion and expression, and outlines international standards. It explains that freedom of expression is a fundamental human right that is essential for democracy, participation, and development. It also covers issues like protecting journalists and other media actors, ensuring access to information, and balancing rights to privacy and data protection with freedom of expression online. The guidelines are intended to promote and protect freedom of opinion and expression in the EU's external actions.
The document summarizes several key media laws in the UK, including:
1) The Race Relations Act of 1976 which prevents discrimination based on race in employment, goods/services, education, and public functions and established the Commission for Racial Equality.
2) The Human Rights Act of 1998 which aims to further protect the rights contained in the European Convention on Human Rights in UK law.
3) The Licensing Act of 2003 which establishes a single licensing scheme for premises selling alcohol or providing entertainment and sets out four licensing objectives around public safety, crime prevention, and protecting children.
This document provides an overview of internet governance and policy best practices. It covers:
- Definitions of internet governance and the issues it encompasses such as infrastructure, standards, legal matters and access.
- A brief history of internet governance including the establishment of key organizations like ICANN, IETF and involvement of the UN.
- An introduction to content control including the types of content commonly restricted, technical and legal methods of control, and a global overview of censorship.
- Issues regarding regulation of content by private companies as well as challenges in the quasi-public sphere.
- Examples of content restriction cases and efforts to protect free expression on private platforms like the Global Network Initiative.
Shall we learn how to protect out personal data? An introduction to personal ...NikoYanev
The document provides an overview of the history of personal privacy and data protection laws from 1890 to the present. It discusses key events and regulations including the 1890 Harvard Law Review article establishing the "right to be let alone", the 1928 Olmstead vs US Supreme Court case, the 1950 European Convention on Human Rights, the 1967 Katz vs US case, the 1995 European Data Protection Directive, and the 2018 General Data Protection Regulation (GDPR). The GDPR is the successor to earlier data protection laws and establishes strict rules for handling personal data and penalties for non-compliance.
The document discusses press laws and practices in Ethiopia. It outlines provisions in the Ethiopian constitution and international laws that guarantee freedom of expression and press freedom. However, in practice press freedom is limited. The government controls most media organizations and internet access. Private newspapers and magazines have small circulations and limited coverage. Several journalists have been imprisoned under anti-terrorism laws. Overall, while laws ensure free press, the reality is that most media is state-controlled and critical journalists face censorship and legal issues.
A violation of copyright law through photocopying inAlexander Decker
This document discusses copyright violation through photocopying at Delta State University in Nigeria. It begins by defining copyright and explaining its purpose of encouraging creative works while allowing public access. The study aims to investigate how photocopying violates copyright law, the roles of libraries in copyright, penalties for violation, and challenges faced by Nigeria's copyright commission. It reviews literature on the concept of copyright law and means of protection. The researcher intends for the study to create awareness of copyright law and reduce violations by understanding penalties and challenges.
This document discusses copyright violation through photocopying at Delta State University in Nigeria. It finds that photocopying of textbooks and other materials is widespread without permission from copyright holders. A survey found that on average, students make over 1,200 photocopies per session that violate copyright, totaling over 600 million copies across universities in Nigeria. Academic staff were also found to make hundreds of photocopies annually that violated copyright. The widespread unauthorized photocopying results in huge financial losses for copyright holders. The document examines definitions of copyright and photocopying under Nigerian law and the problems caused by lack of access to materials and enforcement of copyright.
The document summarizes several key laws related to media in the UK, including:
1) The Race Relations Act 1976 which prevents discrimination based on race in employment, goods/services, education, and public functions and established the Commission for Racial Equality.
2) The Human Rights Act 1998 which aims to further protect the rights contained in the European Convention on Human Rights in UK law.
3) The Licensing Act 2003 which establishes a single licensing scheme for premises selling alcohol or providing entertainment, taking into account crime prevention, public safety, nuisance prevention, and child protection.
4) Privacy, copyright, libel, obscenity, and broadcasting laws are also briefly outlined.
Freedom Of Speech And Expression Vis à Vis CensorshipShiva Shankara
This document discusses freedom of speech and expression with regards to censorship. It begins by outlining the constitutional protections for freedom of speech in India and internationally. It then discusses the reasons why free speech is important, including for discovering truth, self-fulfillment, democracy, and pluralism. The document outlines reasonable restrictions on free speech in India, such as for security, public order, and defamation. It then discusses laws relating to censorship in India and how censorship can restrict free speech, giving examples of pre-publication bans and defamation laws.
The Broadcasting Act 1990 reformed the structure of British broadcasting by abolishing the Independent Broadcasting Authority and replacing it with the Independent Television Commission and Radio Authority to regulate broadcasting with a "lighter touch". It aimed to reform the entire system of British broadcasting, which had been described as having "restrictive practices". The Act led directly to changes in the regulation of both British television and radio.
The Race Relations Act 1976 was established to prevent discrimination based on race in employment, goods/services, education, and public functions. It also created the Commission for Racial Equality to enforce the act. The Human Rights Act 1998 aims to further protect the rights contained in the European Convention on Human Rights in UK law. The Licensing Act 2003 establishes a single licensing scheme for premises selling alcohol, providing entertainment, or late night refreshments. It outlines four licensing objectives that must be considered, including crime prevention and child protection.
The document discusses the Freedom of Information Act (FOIA) and how it balances public access to information with privacy rights. It provides an overview of key provisions of FOIA, including that it applies to the executive branch but not Congress or the president. It also outlines several exemptions for releasing information, such as those protecting personal privacy or national security. The document analyzes several court cases that have helped define the scope and limitations of FOIA, including how technology has impacted views on privacy and what constitutes an unwarranted invasion of privacy.
The Broadcasting Act 1990 reformed the structure of British broadcasting by abolishing the Independent Broadcasting Authority and replacing it with the Independent Television Commission and Radio Authority to regulate broadcasting with a "lighter touch". The goal of the Act, which was seen as an example of Thatcherism, was to reform British television which Margaret Thatcher had criticized for its restrictive practices.
The global protection of intellectual property: in whose interests?blogzilla
The document discusses concerns about the current state of global intellectual property (IP) governance and its impact on access to knowledge and technology. It outlines how IP law has heavily favored right holders in recent decades. However, the Doha declaration and WIPO Development Agenda are seen as steps towards rebalancing IP law to also support public access, particularly for developing countries. The document advocates encouraging these processes to integrate development policy considerations into IP law and WIPO's activities.
The document discusses the history of the internet in the Philippines. It began in 1986 with the first Philippine-based public access bulletin board system (BBS) that connected to international networks. In the 1990s, universities helped connect the country to the global internet through Australia, and the Philippine Network Foundation allowed the first 64 kbps connection to the US. Major events included DOST funding internet infrastructure in 1993, PLDT providing the first commercial connection in 1994, and the 1995 telecommunications law that deregulated the industry and allowed more internet service providers. The internet then commercialized and became available to the public.
The document explores several issues related to the possibility of uploading human minds to computers, as envisioned by some transhumanists. It discusses how uploading could complicate notions of personal identity, as individuals may have multiple copies of themselves existing simultaneously. It also examines potential ethical dilemmas, such as whether digital duplicates would have the same rights and value as original humans. Finally, it raises questions about whether an uploaded mind would still be considered the same self or person. The document aims to critically analyze some of the complex philosophical implications if mind uploading became technologically feasible.
The document discusses potential implications of emerging human enhancement technologies for the future of work. Key points include:
1) Enhancement technologies over the next decade could significantly change how people work by improving learning, task performance, motivation, ability to work in extreme conditions or older age, and reducing work-related illness.
2) Implications will be complex with many social and political tensions, such as benefits to employees but risks of being seen as solutions to difficult working conditions with implications for well-being.
3) The distinction between enhancement and restoration is difficult but important to regulatory decisions, and use of restorative technologies could diminish lines between disabled and non-disabled.
4) Usefulness of enhance
In the next 10 years, smart machines will augment humans in many tasks like assisting doctors, fighting in battles, manufacturing, and assisting in various professions. While machines will replace humans in some routine tasks, the partnership between humans and machines will build on our respective strengths. Humans have advantages in tasks requiring thinking, creativity, social/emotional skills, and improvisation, while machines are better suited for repetitive, dangerous, large/small-scale, and data-driven tasks. An optimal partnership is emerging where humans and machines collaborate to achieve more than either could alone.
This document contains 24 multiple choice questions from an ECO 550 midterm quiz covering topics such as production sets, costs, market structures, game theory, and more. The questions assess understanding of concepts like isoquants, marginal costs, perfect competition, monopoly, oligopoly, and Nash equilibrium. Sample questions include the impact of a new software reducing marginal costs, identifying a supply curve, and calculating profit for a monopolist at a given marginal cost.
META DOLL SYSTEM - Patent
I'm deeply humbled to have " STEVE LAP WAI HUI" work with me on the creative project : " Wings of Dreams."
The Meta Doll System will revolutionize the way that children learn. For example, a child may enter into a dialog with the doll/ super hero figure which then learns desired response through " trial and error responses."
This document discusses the modern crisis of intellectual property in the digital age. It outlines three main transformations that have disturbed the traditional balance of intellectual property: 1) the commercialization and harmonization of intellectual property internationally which has distorted continental protection systems; 2) the broadening of the definition of piracy and expansion of counter-piracy campaigns to target individual users; 3) the gradual appropriation of public domain through broader definitions of originality and protection of technical and database works. It argues these changes have shifted the focus from protecting authors to controlling access and use through digital rights management technologies, challenging the legitimacy of the current intellectual property system.
This document discusses the crisis of intellectual property rights in the digital age. It argues that intellectual property rights have become commercialized on a global scale, shifting away from protecting authors. This has led to conflicts between rights holders and internet users. Rights holders have also increasingly broadened the definition of piracy to include individual file sharing, prosecuting users criminally for the first time. Alternative models like Creative Commons licenses are discussed as possible replacements for the traditional system, with guidelines needed to balance rights holders and users.
This document provides an introduction to copyright, including:
- Copyright grants authors ownership rights over their creative works and protects against unauthorized use, while allowing for certain limitations and exceptions.
- Justifications for copyright protection include economic incentives for creativity and recognition of authors' natural rights over their intellectual creations.
- Copyright law has evolved over centuries in response to technological advances and societal needs, with the scope of protection and exceptions regularly revised as new technologies emerge.
Article 10 of the European Convention on Human Rights provides for the right to freedom of expression. It protects the right to receive and impart information and ideas without interference from public authorities. Freedom of expression is a qualified right and can be subject to restrictions to protect national security, public safety, or the rights of others.
Prior to the Human Rights Act 1998, freedom of expression had an uncertain status in UK law, though some aspects like speech in Parliament were protected. The Act incorporated the ECHR, including Article 10, into domestic law. Now Article 10 has been instrumental in allowing greater media access to courts and limiting unnecessary censorship. However, balancing freedom of expression with other rights like privacy remains an ongoing challenge.
The document discusses balancing the free flow of information, freedom of expression, and privacy in trade agreements like the Trans-Pacific Partnership. While facilitating communication and trade has benefits, these agreements could impact human rights by deciding complex issues around these topics in closed trade negotiations instead of through open democratic processes. Countries should be able to set their own privacy laws and not have them challenged as trade barriers in trade agreements.
This letter from Latin American civil society organizations expresses support for discussions among MERCOSUR member states regarding mass surveillance practices. It notes concerns about systematic monitoring of communications without oversight or accountability. The letter calls for a transparent, participatory process to regulate the internet in a way that ensures freedom of expression, universal access, an open network structure, privacy protections, and free flow of information. It urges MERCOSUR governments to establish forums for dialogue with civil society and experts to make decisions about internet policy and regulation that preserve these principles while also studying national security systems to ensure compliance with international human rights standards.
This document discusses social mobilization in Colombia against the proposed "Lleras Bill", which aims to regulate internet copyright infringement. It provides background on intellectual property policies and debates in Colombia. In response to the bill, which has faced criticism for restricting digital rights, online campaigns have emerged using hashtags like #leylleras to share information and organize opposition. Groups are working on alternative proposals to promote concepts like free culture and limit the bill's controversial punitive measures.
The document discusses social mobilization in Colombia against the proposed "Lleras Bill", which aims to regulate internet copyright infringement. Many sectors oppose the bill as it threatens basic rights like freedom of expression. Groups like RedPaTo2 and ReCrea are campaigning against the bill and proposing alternatives. The movement brings together people concerned with issues like free culture and software. While having some differences, the groups share concerns that the bill could lead to censorship and disproportionate punishment without due process. International organizations have also warned that the bill could restrict digital rights. The social response has included online campaigns, debates, and actions like those by the hacktivist group Anonymous. Congress is discussing revisions amid this public debate and mobilization.
This document discusses the importance of transparency in media ownership for democracy. It argues that mandatory reporting requirements are needed to identify the beneficial and ultimate owners of media outlets. Such requirements should apply to broadcast, print, and online media and collect basic information on ownership structure, financial accounts, and interests in other organizations. Media regulators should collect this information and make it publicly available to ensure transparency and prevent undue concentration of media ownership and political influence. Adopting clear rules and standards on ownership transparency is crucial to guarantee media pluralism.
(EN) A Cypher-Indigenous Manifesto & InterpretationMycelia1
A Cypher-Indigenous Manifesto acknowledges the importance of privacy and decentralized technologies for Indigenous Peoples and calls for a collective action with the international community to protect and expand their right to self-determination as stated in the United Nations Declaration of 2007 (UNDRIP).
A Cypher-Indigenous Manifesto & InterpretationMyceliaUni
A Cypher-Indigenous Manifesto acknowledges the importance of privacy and decentralized technologies for Indigenous Peoples and calls for a collective action with the international community to protect and expand their right to self-determination as stated in the United Nations Declaration of 2007 (UNDRIP).
This document provides an outline of a training session on freedom of information laws and other ways to access and share information. It discusses how information is key to accountability, participation, and integrity. It then covers the background and principles of freedom of information laws, where they exist, how to make them work, examples of their use, and alternatives when no law exists. Specific topics include international agreements, what laws typically include, common shortcomings, and cases where freedom of information laws have been effectively used or where government cooperation exists.
Internet rights are the rights that individuals have using the Internet.
They are an extension of human rights in the online world.
These rights include freedom of expression, privacy, access to information, and non-discrimination.
(EN) A Cypher-Indigenous Manifesto & Interpretation.pdfMycelia1
A Cypher Indigenous Manifesto - the Rights of Indigenous Peoples in the Digital Era, September 13, 2022 and its interpretation by the Oyxabaten & Mycelia Collective.
(EN) A Cypher Indigenous Manifesto & InterpretationMycelia1
A Cypher Indigenous Manifesto - the Rights of Indigenous Peoples in the Digital Era, September 13, 2022 and its interpretation by the Oyxabaten & Mycelia Collective.
Freedom of Expression our Internet Rights and Principle by Shreedeep Rayamajh...Shreedeep Rayamajhi
Freedom of Expression our Internet Rights and Principle is a presentation on interpretation, practice and understand ability. Asia is a growing economy the interpretation and practice is very much independent and unique as per country and location.
Here in this presentation we have tried to highlight some of the basic concept of FoE, Internet rights and principle
This presentation was presented in Sri Lankan IGF2016
This document provides an overview of a lesson on access to information. The lesson objectives are to understand access to information as a human rights issue, how it supports democratic governance and poverty reduction efforts. It will also discuss UNDP's approach, which focuses on enhancing both the supply of and demand for information, and specific programming areas. The topics within the lesson will cover trends, concepts and issues relating to access to information and how it can strengthen development processes.
The document discusses the history and challenges of patent systems. It describes how patent systems originated in the Renaissance with early examples in Florence and Venice. Key developments include the English Statute of Monopolies in 1624, the US Constitution in 1787, and the Paris Convention of 1883. More recently, the World Trade Organization established rules on intellectual property through the Trade Related Aspects of Intellectual Property Rights agreement in 1994. The presentation questions whether new industrial revolutions driven by open source hardware and digital fabrication will change society's understanding and use of intellectual property.
Similar to The Right to Share: Principles on Freedom of Expression and Copyright in the Digital Age (20)
Human abilities such as vision, hearing, strength and mobility are extremely limited and obsolete without tools. Various machines and technologies have surpassed and continue to surpass human capabilities in many areas. Robotic systems can see better over longer distances, hear a wider range of frequencies, lift far greater weights, move faster and with more endurance than humans. While humans invented sophisticated tools, those tools are now transforming what it means to be human as society relies on machines for most tasks.
Existential Risk Prevention as Global PriorityKarlos Svoboda
This document discusses existential risk, which is defined as risks that could cause human extinction or permanently and drastically curtail the potential of humanity. The author makes the case that existential risk reduction should be a top global priority for the following reasons:
1) Even small reductions in existential risk have enormous expected value due to the astronomical potential for future human life and development.
2) The largest existential risks are anthropogenic and linked to potential future technologies like advanced biotech, nanotech, and AI.
3) A moral argument can be made that existential risk reduction is more important than any other global issue due to the infinite value of the future of humanity.
4) Efforts should
Brain computer interaction and medical access to the brainKarlos Svoboda
This paper discusses current clinical applications and possible future uses of brain-computer interfaces (BCIs) as a means for communication, motor control and entertainment. After giving a brief account of the various approaches to direct brain-computer interaction, the paper will address individual, social and ethical implications of BCI technology to extract signals from the brain.
These include reflections on medical and psychosocial benefits and risks, user control, informed consent, autonomy and privacy as well as ethical and social issues implicated in putative future developments with focus on human self-understanding and the idea of man. BCI use which involves direct interrelation and mutual interdependence between human brains and technical
devices raises anthropological questions concerning self-perception and the technicalization of the human body.
A rights based model of governance - the case of human enhancementKarlos Svoboda
The current development of technology and scientificresearch may give rise to several
applications on human beings. In this context, emerging technologies can further foster
the applications on human beings and pave the way for new and incisive research towards human enhancement (HE).
2
Thanks to emerging technologies, HE can be more
effective and represent a concrete challenge for present societies, also in Europe. Scientists of the Northwestern University Feinberg School of Medicine, for instance, recently created a brain-synthesized estrogen that influences the synaptic structure,
function and cognitive processes by augmenting the networks among neurons (Svrivastava et al. 2010). Thus it could be a case of future brain-doping.
Ethics of security and surveillance technologies opinion 28Karlos Svoboda
This document discusses the ethics of security and surveillance technologies in the European Union. It summarizes numerous EU directives, regulations, communications and proposals related to data protection, communications surveillance, aviation security, border control, and law enforcement. It establishes the EGE's role in advising the EU on these issues and ensuring technologies respect fundamental rights and ethics.
Ethical aspect of ICT Implants in the Human bodyKarlos Svoboda
The document discusses ethical aspects of implanting information and communication technology (ICT) devices in the human body. It summarizes Opinion No. 20 issued by the European Group on Ethics in Science and New Technologies, which examines the ethical issues arising from ICT implants. The opinion addresses concerns regarding threats to human dignity, autonomy and privacy from implants that can permanently track individuals or remotely change the information contained. It notes some implants require special precaution due to risks of being difficult to remove, influencing psychic functions, or enabling social surveillance and manipulation.
Emerging Technoethics of Human Interaction with Communication, Bionic and Rob...Karlos Svoboda
AHS may be that f... system
In this deliverable, the protection and promotion of human rights is explored in connection with various case-studies in robotics, bionics, and AI agent technologies. This is done along various dimensions, prominently including human dignity, autonomy, responsibility, privacy,liberty, fairness, justice, and personal identity.
Ethical case-studies in robotics concern learning robots, unmanned combat air vehicles,robot companions, surgery robots, and a robotic street cleaning system. Case-studies illustrating current developments of the field with imminent potential applications comprise the robotic street cleaning system, surgery robots, and the unmanned air vehicles. Robots making extensive use of learning capabilities and robots acting as companions to human
beings represent somewhat more distant possibilities, enabling one to connect in meaningful ways an analysis of short-term ethical issues in robotics with a pro-active interest in longterm ethical issues.
The bionics case-studies considered here concern specific kinds of implants in the human body, investing the human peripheral or central nervous system, and other kinds of noninvasive brain-computer interfaces. These case-studies are closely related to the robotics case-studies, insofar as these bionic technologies enable one to connect to and often control robotic effectors and sensors. Ethical issues examined in connection with these technologies concern both a short-term perspective, mostly arising from their therapeutic uses, and a longterm perspective, mostly arising from the possibility of extending communication, control, cognitive, and perceptual capabilities of both disabled and non-disabled individuals.
This networking of humans with both robotic and computer-based information systems motivates the inclusion of a case-study about AI agent technologies in this report, concerning systems that have been with us for quite a while, that is, adaptive hypermedia systems for
educational applications. These technologies enable one to design and implement software agents that are similar to robotic agents, also from an ethical standpoint, insofar as they are capable of, e.g., autonomous action, reasoning, perception, and planning.
Ethical issues examined in this report will be amplified from the convergence of softbot and robotic technologies directly interacting with human beings and other biological systems by means of bionic interfaces. This long-term perspective shows that the case-studies examined here - which are significant in their own right from the isolated perspectives of robotics,bionics, and AI - can soon become parts of broader ethical problems that we will have to address and come with in the near future.
Some futurists and artificial intelligence experts envision credible scenarios in which synthetic brains will, within this century, extend the functionality of our own brains to the point where they will rival and then surpass the power of an or-ganic human brain. At the same time, humans seem to have no limitations when it comes to finding ways to attack the computerized devices that others have invent-ed. Attackers have successfully compromised computers, mobile phones, ATMs, telephone networks, and even networked power grids. If neural devices fulfill the promise of treatment, and enhance our quality of lives and functionality—which appears likely, given the preliminary clinical success demonstrated from neuropros-thetics— their use and adoption will likely grow in the future. When this happens, inevitably, a wide variety of legal, security, and public policy concerns will follow. We will begin this article with an overview of brain implants and neural devic-es and their likely uses in the future. We will then discuss the legal issues that will arise from the intersection among neural devices, information security, cybercrime, and the law.
Nanotechnology, ubiquitous computing and the internet of thingsKarlos Svoboda
The aim of this report is to provide a review of current developments in nanotechnology, ubiquitous
computing and what is increasingly being referred to as “domotics” – the integration of domestic architectures (domus) with information systems and devices (imformatics). The report will also provide a preliminary analysis of the potential impacts of these developments on the right to privacy and to data protection.
These areas of technological development represent the convergence of two domains of current research – nanoscience and distributed computing. Much of the existing literature suggests that advances in nanotechnology are likely to operate as a underlying suite of techniques that will enable the development of miniaturised and distributed information systems and the integration of informatics devices into a range of everyday consumer goods and household architectures. As we outline below the convergence of nanotechnology and research in ubiquitous and distributed systems is likely to result in the development of a range of new sensor technologies and advances in surveillance and monitoring techniques, deployed in civilian, military and security contexts. For these reasons advances in nanotechnology and ubiquitous computing are likely to intensify existing concerns associated with data collection and the right to privacy.
In order to provide some background to our review of these issues in this section of the report we outline definitions of the field and current trends in surveillance, data-mining and monitoring.
Identity REvolution multi disciplinary perspectivesKarlos Svoboda
The identity [r]evolution is happening. Who are
you, who am I in the information society ?
In recent years, the convergence of several factors – technological, political, economic –
has accelerated a fundamental change in our networked world. On a technological level, information
becomes easier to gather, to store, to exchange
and to process. The belief that more information
brings more security has been a strong political
driver to promote information gathering since September 11. Profiling intends to transform information into knowledge in order to anticipate one’s behaviour, or needs, or preferences. It can lead to
categorizations according to some specific risk criteria, for example, or to direct and personalized
marketing. As a consequence, new forms of identities appear. They are not necessarily related to our
names anymore. They are based on information,
on traces that we leave when we act or interact,
when we go somewhere or just stay in one place,
or even sometimes when we make a choice. They
are related to the SIM cards of our mobile phones,
to our credit card numbers, to the pseudonyms
that we use on the Internet, to our email addresses,
to the IP addresses of our computers, to our profiles… Like traditional identities, these new forms of
identities can allow us to distinguish an individual
within a group of people, or describe this person as
belonging to a community or a category.
MBAN medical body area network - first report and orderKarlos Svoboda
This document from the Federal Communications Commission establishes rules to permit new Medical Body Area Network (MBAN) devices to operate in the 2360-2400 MHz band. It adopts rules allowing secondary, non-interference based MBAN operations under a license-by-rule framework. It also establishes a registration and coordination process for MBAN users in the 2360-2390 MHz portion of the band to address compatibility with incumbent operations. The document proposes criteria for designating a frequency coordinator to manage these registration and coordination activities.
Intimate technology - the battle for our body and behaviourKarlos Svoboda
The document discusses how technology is becoming more intimate through devices that are inside our bodies, between us, that know information about us, and mimic human behaviors and traits. It explores how this is leading to humans being viewed more as machines that can be improved, machines taking on more human-like qualities, and changes to human interactions. Key questions raised include how close technology can and should get to us and whether intimacy and technology can truly be compatible concepts.
For ages, humans have developed cures for diseases and devised techniques which make the hardships of life more endurable. All these were believed to make human life more
humane, i.e. to help humans to live out their inherent (natural, God-given) potentiality to a fuller extent. Recent technology, known as human enhancement, challenges this 'natural'normativity: going beyond restoring wellbeing and optimizing human potentiality, enhancement also develops capacities which can, in a sense, be called new. Chemicals have become available that increase physical performance in, for example the field of sports. Other chemicals enhance psychological endurance, mood, and cognition. Work is in progress on developing functional implants within the body, such as computer chips
integrated in the brain, with the aim of enhancing performance beyond what humans are naturally capable of. Changes are being made to body cells and systems, and techniques are being discussed to change human genes. Finally, techniques are being developed, and in part already applied, which extend the human life-span. Human Enhancement is about trying to make changes to minds and bodies – to characteristics, abilities, emotions
and capacities – beyond what we currently regard as normal.
Making perfect life european governance challenges in 21st Century Bio-engine...Karlos Svoboda
The STOA project ‘Making Perfect Life’ looked into four fields of 21st century bioengineering: engineering of living artefacts, engineering of the body, engineering
of the brain, and engineering of intelligent artefacts. This report describes the main results of the project.
The report shows how developments in the four fields of bio-engineering are shaped by two megatrends: “biology becoming technology” and “technology becoming biology”. These developments result in a broadening of the bioengineering debate in our society. The report addresses the long term viewsthat are inspiring this debate and
discusses a multitude of ethical, legal and social issues that arise from bioengineering developments in the fields described. Against this background four specific developments are studied in more detail: the rise of human genome sequencing, the market introduction of neurodevices, the capturing by information technology of the psychological and physiological states of users, and
the pursuit of standardisation in synthetic biology. These developments are taken in this report as a starting point for an analysis of some of the main European governance challenges in 21st century bio-engineering.
Ambient Intelligence is a future vision where technology is integrated into people's environments and can understand and respond to their needs and behaviors. This report examines how Ambient Intelligence could impact healthcare. It identifies five levels of increasing intelligence - from embedding sensors to anticipating needs. Interviews with healthcare stakeholders explored opportunities and challenges around personalized care, like who has access to health data and for what purposes. Collective agreements are needed to ensure Ambient Intelligence enhances rather than threatens patient interests. The report aims to start a debate on these issues.
GRAY MATTERS Integrative Approaches for Neuroscience, Ethics, and SocietyKarlos Svoboda
This document discusses the importance of integrating ethics into neuroscience research. It notes that while neuroscience research raises many common ethical issues around privacy, consent and risk minimization, it also raises unique issues around privacy of thoughts, threats to personal volition and self-determination. Neuroscience highlights the complex relationships between human thought, emotion and action. The document emphasizes that integrating ethics into neuroscience research from the start can help address these issues and ensure research considers its societal implications. It provides recommendations to guide effective integration of ethics in neuroscience.
Youngest c m in India- Pema Khandu BiographyVoterMood
Pema Khandu, born on August 21, 1979, is an Indian politician and the Chief Minister of Arunachal Pradesh. He is the son of former Chief Minister of Arunachal Pradesh, Dorjee Khandu. Pema Khandu assumed office as the Chief Minister in July 2016, making him one of the youngest Chief Ministers in India at that time.
13062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
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केरल उच्च न्यायालय ने 11 जून, 2024 को मंडला पूजा में भाग लेने की अनुमति मांगने वाली 10 वर्षीय लड़की की रिट याचिका को खारिज कर दिया, जिसमें सर्वोच्च न्यायालय की एक बड़ी पीठ के समक्ष इस मुद्दे की लंबित प्रकृति पर जोर दिया गया। यह आदेश न्यायमूर्ति अनिल के. नरेंद्रन और न्यायमूर्ति हरिशंकर वी. मेनन की खंडपीठ द्वारा पारित किया गया
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
3. 1
Contents
Introductory statement 2
Preamble 4
SECTION I – General Principles 6
Principle 1: The right to freedom of expression 7
Principle 2: Copyright 8
Principle 3: Principles of Interpretation 9
SECTION II – Protection of the public domain 10
Principle 4: General principles 11
Principle 5: Copyright duration 11
SECTION III – Copyright exceptions 12
Principle 6: Fair dealing and derivative works 13
Principle 7: The right to personal enjoyment of cultural goods 13
SECTION IV – Freedom of expression and copyright
enforcement in the digital environment 14
Principle 8: Disconnection from access to the Internet 15
Principle 9: Filtering and blocking of content subject to copyright 15
Principle 10: Intermediary liability and content removal 16
Principle 11: Civil liability for copyright infringement 17
Principle 12: Criminal liability 17
SECTION V – Measures promoting access
to knowledge and culture 19
Principle 13: Promoting access to knowledge and culture 20
SECTION VI – Transparency and accountability
in copyright policy-making 21
Principle 14: Transparency and accountability
in negotiation of international agreements 22
Principle 15: Transparency and evidence in copyright policy-making 22
Appendix A 23
4. 2
Introductory statement
These Principles seek to establish a framework which can be
used to ensure firstly, that the right to freedom of expression
and the ability to share knowledge and culture are fully
protected in the digital age; and secondly, that copyright
interests do not unduly restrict them. The Principles also seek
to promote positive measures which foster both the free flow
of information and ideas and greater access to knowledge and
culture on the Internet and beyond.
The Principles were developed as a result of concerns that the fundamental human
right to freedom of expression, guaranteed in UN and regional human rights
instruments and nearly every national constitution, has been increasingly eroded on
the grounds of protecting copyright. The Internet has been at the centre of an alarming
expansion of copyright claims at the expense of freedom of expression and, more
generally, the protection of human rights. These Principles affirm that the right to
freedom of expression and the free flow of information and ideas cannot be seen as
marginal to such developments.
Freedom of expression – that is, the freedom of all people to seek, receive and impart
information and ideas of all kinds - is the foundation of diversity within cultural
expression, creativity and innovation. It is, therefore, an essential part of the right to
participate freely in the cultural life of society, enjoying the arts and sharing in scientific
advancement: the very benefits that copyright exists to promote.
The Internet has radically changed the way in which people exchange information and
ideas. It has also presented serious challenges to the way in which copyright and related
rights have traditionally been enforced: copies can be made available across borders
on an unprecedented scale and at minimal cost. Copyright laws need to adapt to keep
pace with digital technology; they need to adapt to consumer demand and cultural
practices in this global economy built on ideas and innovation. People have a legitimate
expectation that their fundamental right to receive and impart information and ideas
will be fostered rather than restrained by copyright.
As we show in these Principles, international law provides a basis for resolving these
issues. The Principles we set out here offer a progressive interpretation of international
law and of best practice in individual States, as reflected, inter alia, in national laws
and the judgments of national courts.
5. 3
These Principles are the result of a series of consultations, organised by ARTICLE
19, with high-level experts from Africa, Latin America, North America, Europe and
South Asia: activists, legal practitioners, academics and other experts in international
human rights law on the freedom of expression and in copyright law. The consultations
included two expert meetings in London on 18 November 2011 and 7 December 2012
and broader discussions around the draft that emerged from those meetings.
The Principles are intended to be used by individuals, activists, campaigners, legal
practitioners, intermediaries, judges, elected representatives and public officials around
the world as they seek to protect and promote the right to freedom of expression.
6. 4
Preamble
Reaffirming our belief that freedom of expression constitutes
one of the essential foundations of a democratic society, one
of the basic conditions for its progress and for the enjoyment
of other human rights and fundamental freedoms;
Desiring to promote a clear recognition of the limited scope
under international human rights law of restrictions on
freedom of expression that may be imposed in the interest of
copyright protection, especially online;
Taking into account relevant provisions of the Universal
Declaration of Human Rights, the International Covenant
on Civil and Political Rights, the International Covenant on
Economic Social and Cultural Rights, the African Charter on
Human and Peoples’ Rights, the American Convention on
Human Rights, the European Convention on Human Rights,
the EU Charter of Fundamental Rights and Freedoms and the
UNESCO Convention on the Protection and Promotion of the
Diversity of Cultural Expression;
Bearing in mind that the free flow of information is
fundamental for access to knowledge, development and
culture, which is the common heritage of all humankind and
which should be cherished, upheld and made accessible for
the benefit of all;
Considering that the purpose of copyright is to benefit society,
promote the progress of science and the arts, facilitate growth,
support creativity and spread cultural expression;
7. 5
Aware that copyright has been increasingly used to discourage
creativity and stifle free expression and the free exchange of
information and ideas in order to protect exclusive proprietary
interests, at the expense of the wider public interest;
Recognising that digital technologies have greatly enhanced
freedom of expression and cultural diversity whilst, at the
same time, using copyright protection as an increasingly
severe restriction on these activities;
Cognisant of the value and benefits of new art forms, including
derivative and transformative works and mash-ups, for artistic
and cultural expression, the general benefit to society and the
enrichment of the economy;
We1
agree upon the following Principles, and call on individuals
and organisations to endorse, promote and respect them in
their work. We also recommend that appropriate bodies at
national, regional and international levels give effect to these
Principles and engage in their dissemination, acceptance and
implementation.
1
The term “we” comprises the participants of two expert meetings in London and other individuals who have been
involved in the process of developing these Principles; as well as the individuals and organisations who have endorsed
the Principles.
9. 7
Principle 1: The right to freedom of expression
1.1 Freedom of expression protects information, opinions and ideas of all kinds
disseminated through any media, regardless of borders. The right to freedom
of expression includes the right not only to impart but also to seek and receive
information.
1.2 The Internet is a public good which has become essential for the effective
exercise and enjoyment of the right to freedom of expression.
1.3 The exercise of the right to freedom of expression may be subject to restrictions
only on grounds specified by international law, including for the protection of
the rights of others. The rights of others include the protection of the right to
property and in particular copyright.
1.4 No restriction on freedom of expression on the ground of protection of the
rights of others, including copyright, may be imposed unless the State can
demonstrate that the restriction is prescribed by law and is necessary in a
democratic society to protect those interests. The burden of demonstrating
the validity of the restriction rests with the State.
(a) Prescribed by law means that the law must be accessible,
unambiguous, drawn narrowly and with sufficient precision so as to
enable individuals to foresee whether a particular action is unlawful.
(b) The law should provide for sufficient safeguards against abuse. As an
aspect of the rule of law it should include prompt, full and effective
scrutiny of the validity of the restriction by an independent court,
tribunal or other independent adjudicatory body.
(c) Any restriction on freedom of expression that the State seeks to justify
on grounds of protection of copyright interests must have the genuine
purpose and demonstrable effect, on the basis of independent evidence,
of protecting the ends that copyright seeks to achieve, as expressed in
the Preamble.
(d) A restriction on freedom of expression is proportionate in a democratic
society only if:
i It is the least restrictive means available for protecting that
interest; and
ii The restriction is compatible with democratic principles.
1.5 States must not only refrain from interfering with freedom of expression but
are also under a positive obligation to protect freedom of expression from
interference by private parties.
10. 8
Principle 2: Copyright
2.1 Copyright is an exclusive, transferable right given to a creator for a fixed number
of years to copy, print, publish, perform, film, record or otherwise control the
use of literary, musical, dramatic or artistic works. Rights related to copyright
subsist, among other things, in films, sound recordings, broadcasts and written
works.
2.2 Copyright does not protect ideas or information but rather their expression,
provided such expression reaches a certain threshold of originality as regards
literary, musical, dramatic and artistic works.
2.3 Copyright enjoys limited protection under international human rights law as
part of the right to property; like the right to property itself, it is not an absolute
right. In particular, States may enforce such laws as they deem necessary to
control the use of property, including copyright, in accordance with the general
interest or to secure the payment of taxes or other contributions or penalties.
2.4 States have a wide discretion in restricting the right to property for the purposes
of implementing social, economic and cultural policies. This should include
copyright policy.
11. 9
Principle 3: Principles of Interpretation
3.1 Freedom of expression and copyright are complementary inasmuch as the
purpose of copyright is the promotion of literary, musical and artistic creativity,
the enrichment of cultural heritage and the dissemination of knowledge and
information goods to the general public.
3.2 In determining whether a restriction on freedom of expression based on
copyright grounds is justified, the following factors must be taken into account:
(a) The discretion afforded to States in imposing restrictions on freedom
of expression is narrower than that granted in respect of restrictions on
property rights, including copyright.
(b) Limitations on copyright, including fair dealing, must be interpreted
broadly so as to give meaningful effect to the right to freedom
expression and information.
(c) Digital copies of a work are non-rival goods. Therefore, accessing a
cultural good online, including by downloading it, without authorisation
does not deprive the copyright owners of their interest in or possession
of their property, although it may interfere with their enjoyment of it.
(d) If cultural goods are downloaded online in breach of copyright, the lack
of lawful availability of those goods within that jurisdiction shall be a
relevant factor in determining any remedies for the copyright holder
against such unauthorised use of cultural goods.
(e) The impact of the restriction on the right to freedom of expression must
be carefully scrutinised. The burden of proving that the restriction is
proportionate to the protection of copyright interests rests with the state
and/or the copyright holder.
13. 11
Principle 4: General principles
4.1 The public domain is the net sum of all information and cultural goods not
subject to copyright that can be used and exchanged by the public at large
without restrictions. It is part of the cultural heritage of all humankind that
must be preserved.
4.2 Once information and cultural goods fall into the public domain, they must
remain in the public domain indefinitely.
Principle 5: Copyright duration
5.1 The term of copyright duration should last no longer than is necessary to
achieve its purpose without impairing the right to freedom of expression.
5.2 Copyright protection beyond the life of the author should be considered
an unjustified restriction on the public domain and the right to freedom of
expression and information and should be abolished.
15. 13
Principle 6: Fair dealing and derivative works
6.1 Limitations and exceptions to copyright, especially fair dealing, should be
interpreted broadly so as to give greater protection to the right to freedom of
expression.
6.2 Creative and transformative uses of original works subject to copyright should
benefit from broad protection under the fair dealing exception to copyright.
Principle 7: The right to personal enjoyment of cultural goods
7.1 The right to receive and impart information and ideas includes the right to
personal enjoyment of cultural goods, which itself implies the personal right to
read, listen to, view and browse cultural goods without copyright restrictions,
including doing so online.
7.2 The sharing of cultural goods, including those obtained online, should not be
made subject to undue copyright restrictions or enforcement.
17. 15
Principle 8: Disconnection from access to the Internet
Disconnection from access to the Internet on grounds of copyright is always a
disproportionate restriction on the right to freedom of expression.
Principle 9: Filtering and blocking of content subject
to copyright
9.1 Filtering, blocking, removal and other technical or legal limits on access to
content are serious restrictions on freedom of expression and can only be
justified if they strictly comply with the three-part test under international law.
9.2 Website blocking on grounds of copyright protection should be considered a
disproportionate restriction on freedom of expression because of associated
risks of over-blocking and the general lack of effectiveness of this measure.
9.3 Insofar as website blocking may already be permitted by law, this measure
should only be imposed by courts or other independent adjudicatory bodies. In
determining the scope of any blocking order, the courts or adjudicatory bodies
should address themselves to the following:
(a) Any blocking order should be as targeted as possible;
(b) No blocking order should be granted unless the rights holder seeking
the order has established copyright in the works which are said to be
unlawfully accessed;
(c) No blocking injunction should be granted beyond the works in which
copyright has been established by the rights holders;
(d) Whether the blocking order is the least restrictive means available to
bring an end to individual acts of infringement including an assessment
of any adverse impact on the right to freedom of expression;
(e) Whether access to other non-infringing material will be impeded and
if so to what extent, bearing in mind that in principle, non-infringing
content should never be blocked;
(f) The overall effectiveness of the measure and the risks of over-blocking;
(g) Whether the blocking order should be of limited duration;
(h) Website blocking orders to prevent future copyright infringements are a
form of prior censorship and as such are a disproportionate restriction
on freedom of expression.
9.4 Because of their potential adverse effect on internet users’ right to freedom
of expression, there should be procedures in place allowing consumer groups
or other interested parties to intervene in injunction proceedings in which a
blocking order is sought.
18. 16
9.5 Knowingly submitting a court application for blocking of content without
copyright should be penalised and those harmed by such applications should
be compensated. The same applies to overbroad and negligent blocking
applications.
Principle 10: Intermediary liability and content removal
10.1 Internet intermediaries play a vital role as gatekeepers of the Internet and
facilitators of the free exchange of information and ideas online.
10.2 Intermediaries which provide services, such as providing access, or searching
for, or the transmission or caching of information, should not be liable for
infringing content disseminated by third parties using those services.
10.3 Intermediaries should not be required to monitor their services to prevent
copyright infringement.
10.4 Laws governing the liability of intermediaries in respect of infringing content
must contain due process safeguards sufficient to protect freedom of expression
and the right to privacy. In principle, intermediaries should only be required to
remove infringing content if the measure is provided by law and ordered by a
court, tribunal or other independent adjudicatory body in accordance with the
rule of law.
10.5 Intermediary liability provisions, known as ‘notice-and-takedown’, which give
an incentive to hosting services to remove content without proper notice or
evidence of actual infringement, have a chilling effect on freedom of expression.
Insofar as such provisions are already in place, they should be interpreted in a
way that is maximally compatible with the requirements of the right to freedom
of expression, including:
(a) Only copyright owners or their authorised representatives should be
allowed to file notices of alleged infringement;
(b) Copyright in the allegedly infringing content must be established;
(c) The notice of complaint must be specific, including details of each act
of infringement, location of the infringing material and date and time of
the alleged infringement;
(d) The alleged infringer should be informed of the copyright notice;
(e) A right of counter-notice should be provided and clearly explained;
(f) Effective remedies should be available to challenge improper
takedowns, including through clearly accessible internal appeals
mechanisms and/or through the courts;
(g) Abusive or negligent copyright notices should be penalised and
compensation paid to the injured party.
19. 17
10.7 Because unjustified content removals affect the public’s right to receive
information as well as the right of individuals to express themselves, takedown
requests and decisions should be transparently documented and available to
challenge by both the content publisher and members of the public.
10.8 Consideration should be given to adopting rules, such as notice-and-notice,
which only require intermediaries to pass on complaints about copyright
infringement to the alleged infringing party without taking down the material at
issue upon notice.
Principle 11: Civil liability for copyright infringement
11.1 Only actual damages suffered by copyright holders should be recoverable.
Where statutory damages are available, they should be capped for non-
commercial infringement so as not to impose a disproportionate restriction on
freedom of expression.
11.2 Imposing large non-compensatory damages or litigation costs for copyright
infringement for non-commercial purposes is likely to constitute a
disproportionate interference with the right to freedom of expression.
11.3 Abusive claims of online copyright infringement, and the threat of litigation in
relation of the same, should be penalised as they have a chilling effect on the
right to freedom of expression.
Principle 12: Criminal liability
12.1 Criminal sanctions for non-commercial copyright infringement have a
chilling effect on the free flow of information and ideas and as such are a
disproportionate interference with the right to freedom of expression. They
should be abolished in their entirety and replaced by civil remedies where
appropriate.
12.2 As a practical matter, to the extent that many States impose criminal sanctions
for copyright infringement, immediate steps should be taken to ensure that any
criminal laws still in force conform fully to the following requirements:
(a) Offences for copyright infringement may only be compatible with the
right to freedom of expression and information if they have a clear legal
basis, each element of the offence is clearly defined and the range of
sentences available are proportionate to the seriousness of the offence.
(b) There is no public interest in bringing a prosecution in non-commercial
copyright infringement cases. Therefore, law enforcement authorities
should not initiate such prosecutions.
20. 18
(c) Prison sentences, suspended prison sentences, excessive fines and
other harsh criminal penalties should never be available as a sanction
for non-commercial copyright infringement.
12.3 The criminalisation of circumvention of digital rights management software is
an unjustified restriction on freedom of expression and should be abolished.
22. 20
Principle 13: Promoting access to knowledge and culture
13.1 States have a positive obligation to promote the right to freedom of expression
and access to information, and any legal framework to protect copyright must
reflect this.
13.2 Creators have a legitimate expectation of a legal framework which encourages
their ability to seek remuneration for their work and which also respects and
promotes the right to freedom of expression.
13.3 Measures such as Creative Commons, whereby creators waive some of their
rights in their works, allow greater access to culture for the wider public and
should therefore be promoted.
13.4 Copyright exceptions should be interpreted broadly so as to allow libraries,
broadcasters, museums and other cultural public spaces to digitise and make
available online, free-of-charge or at low cost, the widest possible range of
content.
13.5 Substantially publicly-funded works should be recognised as a public good and
therefore made widely available to the public, including online. The funding of
such works must be transparent and the public must have access to information
on what works are publicly funded.
13.6 States must ensure that people with disabilities have equal access to
knowledge. The lack of copyright exceptions benefiting people with sensory
impairments is likely to constitute a breach of their rights to freedom of
expression, private life and their right to participate in cultural life.
13.7 Equal access to knowledge by people of all languages and levels of literacy
should be promoted. The lack of copyright exceptions benefiting minority
language speakers and persons with low literacy levels undermines their rights
to freedom of expression, private life and their right to participate in cultural
life.
24. 22
Principle 14: Transparency and accountability
in negotiation of international agreements
14.1 Treaties, multi-lateral, bi-lateral and any other agreements entered by States
concerning copyright protection affect fundamental human rights. Prior to
signing and ratifying such treaties or agreements, States must ensure that
they do not impose obligations inconsistent with their international human
rights obligations, including the right to freedom of expression. This should be
completed by ex post human rights impact assessment.
14.2 Where an incompatibility with human rights obligations is found, States should
consider a variety of measures, including but not limited to the following:
(a) Termination of the treaty or agreement;
(b) Amendment of the treaty or agreement;
(c) Insertion of safeguards in the treaty or agreement;
(d) Adoption of mitigation measures.
14.3 The negotiation, drafting and adoption of such treaties and agreements must
be transparent and subject to democratic processes with full participation of all
stakeholders concerned.
Principle 15: Transparency and evidence in
copyright policy-making
15.1 Copyright policy-making must be transparent and evidenced-based.
15.2 Voluntary cooperation and other private agreements between intermediaries and
rights holders must be transparent and ensure respect for fundamental rights,
including the right to freedom of expression.
25. 23
Appendix A
The following individuals were among those who participated at the London meetings
and/or in discussions that produced these Principles. All individuals participated
in their personal capacity; organisations and affiliations are listed for purposes of
identification only.
Agnes Callamard, ARTICLE 19, United Kingdom
Andrew Puddephatt, Global Partners and Associates, United Kingdom
Andrew Smith, ARTICLE 19, United Kingdom
Ante Wessels, Vrijschrift, the Netherlands
Antonio Martínez Velázquez, ARTICLE 19 Mexico and Central America, Mexico
Barbora Bukovska, ARTICLE 19, United Kingdom
Brett Solomon, Access Now, United States of America
Camila Marques, ARTICLE 19 Brazil and South America, Brazil
David Banisar, ARTICLE 19, United Kingdom
Dixie Hawtin, Global Partners and Associates, United Kingdom
Gabrielle Guillemin, ARTICLE 19, United Kingdom
Jérémie Zimmermann, LaQuadrature du Net, France
Jim Killock, Open Rights Group, United Kingdom
Joe McNamee, EDRI, Belgium
Laura Tresca, ARTICLE 19 Brazil and South America, Brazil
Michael Camilleri, Office of the Special Rapporteurship for Freedom of Expression,
Organization of American States, United States
Michael Geist, Internet and E-commerce Law at the University of Ottawa, Canada
Peter Bradwell, Open Rights Group, United Kingdom
Pranesh Prakash, Center for Internet and Society, India
Raegan MacDonald, Access Now, Belgium
Saskia Walzel, Consumer Focus, United Kingdom
Shihanya Bernard, Intellectual Property, Constitutionalism Education Law, University
of Nairobi Law School, Kenya
Tahmina Rahman, ARTICLE 19 Bangladesh, Bangladesh
Walter Von Holst, EDRI, the Netherlands
Wendy Seltzer, World Wide Web Consortium and Yale Law School’s Information Society
Project, United States
Ženet Muji´c, Office of the OSCE Representative on Freedom of Media, Austria
Yaman Akdeniz, Faculty of Law, Istanbul Bilgi University, Turkey