[NCUC-DISCUSS] Dear, I leave an article that I wrote years ago, on human rights and the Internet, I hope you like it and contribute.

[romina florencia Cabrera]

"The Interner as a human right"

By Romina Florencia Cabrera

In an increasingly interconnected and governed by the so-called information
society world, the use of virtual media and procurement, storage and
distribution of electronic data is almost an inevitable tool in our not
only legal but also everyday life. Who discussion forums, text messages or
phone calls, both as affective labor matters not related by social
networking sites, e-mail,? This paradigm shift has led to rethink the
relationship between the participants in the globalized world. The national
constitution provides guarantees (legal guarantees) to all citizens of the
nation, rethought regarding the merger of public and private issues in the
era of interconnectedness, such as private property, the violation of
correspondence (now extended email), habeas data (related to digital
databases in different public, private or web pages) organizations,
intellectual property rights, etc.

The first computer was created by the Chinese, the abacus. Then he
perfected, until the model we know today.

ARPANET AND THE BIRTH OF INTERNET

Internet was born in the early 60s as a new form of communication between
the bases of the US military, to the fragility that meant at that time
telephone communication, and facing a possible military conflict.

It was as during the Cold War between the United States and the Soviet
Union, the first computers of US military bases are connected to each
other, forming a, ARPANET network through which it was possible to
communicate without using the lines conventional telephone.

Few time later and the promotion of American universities, the Internet
network is integrated with all these tanks, and it's not much longer to
Internet, we would say that is released to the world, for connection to a
large network of computer networks which globally unites and connects all.

Thus was born a new society which we call the Information Society and
Knowledge which greatly facilitates access and transmission of information
and knowledge. Internet revolutionizes the world

But all this comes supported Internet firmly on the principle of freedom of
expression on the Internet that translates into one sentence: freedom of
content on the Internet means that everything can be reported.

This principle of freedom of Internet content, often was reflected even in
legislation. In Argentina, the principle of art. 14 of the Constitution
referred to the press and which enshrines the right to publish ideas
through the press without prior censorship, he moved to the Internet, first
by a decree in the 90s and then in a 2005 law, which states that search,
receive and impart information and ideas through the Internet service is
considered to fall within the constitutional guarantee that protects
freedom of expression.

They spend a few decades and that static Internet first, where the user is
informed but not actively involved, is becoming a dynamic, interactive and
then participatory Web, where users are the builders and are the ones who
go up and down information network .

They appear interactive services, chat, social networks, blogs and
ultimately cloud computing, of which much has been said.

That Internet with complete freedom of content, which worked relatively
well during the early years, but with the new century gradually we go
appearing abuses that freedom in Internet content and appear on Internet
sites attacks on privacy and personal privacy, the grievances and insults
propaladas through the network, the apology of crime, discrimination,
incitement to hatred and violence, the commission of crimes, some own the
new system and other common crimes but are begin to make no longer in the
field of real life, but in the field of virtual life Internet.

On the other hand the rapid advance of the system is enveloping us, and
despite the wonder of the approach of knowledge that gives us, we will
gradually turning into pieces of a great machine.

Security is becoming a concern. Information theft, hacking sites, and even
the danger of cyber attacks. All these are challenges that we must face and
overcome if we build a more robust and reliable for all members who make up
the so-called "Information Society" cybernetic future.

COMMUNICATION, FREEDOM AND THE INTERNET

Like any technology, the Internet is a cultural creation: it reflects the
principles and values ​​of its inventors, who were also its first users and
experimenters. Moreover, being an interactive communication technology with
strong ability feedback, Internet applications are reflected in its
development as a network and the type of technology applications
emerging. Libertarians
values ​​of those who created and developed the Internet, namely, computer
academic researchers, hackers, countercultural community networks and
entrepreneurs in the new economy, determined an open architecture and are
difficult to control. At the same time, when the company realized the
extraordinary ability that the Internet represents, the values ​​embodied
in the network spread in the whole of social life, particularly among
younger generations. Internet and freedom became synonymous for many people
around the world.

Faced with such technological and cultural transformation, those in power
to control information throughout history, ie, states and churches, reacted
with concern and, in non-democratic states, hostile, trying to restore
administrative
control of expression and communication. But the implementation of the
statist project on Internet is considerable obstacles. In democratic
countries, the Internet has established itself as an essential tool of
expression, information and horizontal communication between citizens and
receives the constitutional and judicial protection of freedoms. In all
countries, except in theocracies, economic and technological importance of
the Internet precludes can ignore or relegate its widespread use in
society. Moreover, the ideology of progress through technology makes
Internet promoting a legitimizing value to governments base their strategy
on economic development within the framework of globalization. Hence the
complicated political Bobbin lace between freedom and control by the State.

Meanwhile, Internet users often claim their individual rights out of
context, positioning itself as technologically vanguard released a
computer-illiterate society. Moreover, entrepreneurs reach entrepreneurs
through accelerated commercialization of the Internet, a process that often
betray their libertarian principles, for example, by sacrificing the
privacy of its customers and technical and informational collaboration with
control devices and Administration oversight.

Citizens, in general, tend to make an instrumental use and little
ideological Internet: use it for what serves you and consider Internet
freedom as a fundamental issue when long ago have become accustomed to
political and commercial control of its main source of information:
television. But this attitude may change as society goes settled in the
first generation growing up with the Internet. As Internet usage go
generalizing information and knowledge about the critical social importance
of control over the Internet, it may be that the battle for freedom in the
network, including economic freedom of access to the network, overflowing
the confines of the current enlightened elite.

HUMAN RIGHTS

Human rights are inherent attributes of all people by their very condition
of being human, its origins date back to the emergence of humanity itself,
and therefore exist beyond the legal recognition of States. Inspired values
​​of dignity, justice, equality and freedom, involve obligations of States
for all people.

The concept of human rights include rights of various kinds, including
civil, political, economic, social and cultural are located. They all enjoy
the same status and importance. The Universal Declaration of Human Rights
does not establish hierarchies of rights and considered as an integral part
of the concept of human rights to economic, social and cultural rights.

Civil and political rights form the so-called "first generation of human
rights", and economic, social and cultural make up the so-called "second
generation". Within the first category are located rights to life,
integrity, liberty, nationality, name, honor, property, to a fair trial and
to equality, among others; however, within the "second generation" are the
rights to food, health, education, culture, work, social security, to
strike, to free union association and housing dignified, for example.

The evolution of the law of human rights can speak today of rights of third
and even fourth generation, among which are the right to development, a
healthy environment, peace and respect for the common heritage of mankind.

The classification in generations is simply a division for educational
purposes and does not mean that duties happened to others or that some are
more important than others because they all have equal rights hierarchy.

The International Covenant on Economic, Social and Cultural Rights, adopted
by the United Nations General Assembly in 1966 and in force since 1976, is
the international instrument to enshrine these rights and also provides for
the establishment of the Committee on Economic, Social and Cultural , the
body responsible for monitoring and control of the obligations assumed by
States when ratifying pledged to guarantee the exercise of these rights
without discrimination of any kind.

Beyond international monitoring of compliance with each government, public
policy and national budgets should be made with the International Covenant
on Economic, Social and Cultural Rights as a parameter.

For effective enforcement of all rights must be different mechanisms of
promotion, prevention and protection within each country by states to
ensure the effective enjoyment of human rights for persons subject to their
jurisdiction.

FINAL THOUGHTS

There should be policies and programs needed to enable the effective
enjoyment of such rights; the mere existence of relevant legislation is not
enough. .The Ecosoc has recently voted by almost unanimous ruling that the
internet is considered a human right; efficient and effective connectivity
and the right to navigate freely and with proper broadband has been treated
in different countries, as in France, where it is almost a constitutional
guarantee, and the US, soon to be considered in the same way. The
obligations of the countries signing the covenant of Economic, social and
cultural rights must be respected and enforced. The exchange of information
between states is fundamental to understanding more effectively common
challenges and improve strategies, seeking solutions to conflicts through
international cooperation. In this way it must be made public scrutiny of
public policies among the states that have signed covenant, and consider
the human rights activist no way, but as strategies for these policies. Thus
the progress of each country is assessed. As an example in Mercosur, Brazil
has signed all treaties ddhh; Argentina incorporates in Art. 75, paragraph
22, of the Constitution, with constitutional status, over laws, while not
undermined. In Colombia a group of an indigenous community (so-called
indigenous peoples), claimed their rights of ethnic partencia and respect
for them through the internet.

Internet Society welcomes the adoption of the Resolution on Human Rights
and the Internet in the 20 Human Rights Council on 9 July this year, in
Geneva, Switzerland, establishing the promotion, protection and enjoyment
of human rights on the Internet. Internet Society welcomes the resolution
of the United Nations, from the Human Rights Council. In the resolution
states that the same rights that people have offline must also be protected
online, and recognizes the global Internet and open as a driving force for
development. It also calls upon all States to promote and facilitate access
to the Internet. The resolution was introduced by Sweden and adopted by
consensus. The Human Rights Council has an important role to play to ensure
that its Member States allow their citizens to exercise their most basic
rights, including freedom of expression or peaceful association online. In
recent years, the time has been building in the Council for the inclusion
of Internet as a legitimate space to account for the exercise of various
human rights. The report of the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression has made it
clear that denying access to the Internet can be a violation of a
fundamental human right.

Internet Society devoted to the drafting sessions that lead to the adoption
of this new resolution, and suggested the inclusion of the concept of the
open Internet. "The inclusion of open and global nature of the Internet in
this official of UN resolution is a recognition of some of the main
attributes that make successful Internet," said Lynn St. Amour, President
and CEO of the Society Internet. "We firmly believe that the open Internet
model is organically linked to the exercise of human rights online. Thanks
to its fundamental characteristics, the Internet has given great impetus to
freedom of expression and peaceful assembly worldwide. These
characteristics must be preserved ".

I think knowing the contents of our Constitution and accessing it virtually
(via internet and digital format), you can reach the interest and knowledge
of most members of our citizenship, and act as multipliers respect for
legal norms ; to better understand the rights and obligations of the
members of a democratic society information. Internet should be available
to all citizens, can the same enjoy the content equally and not
restrictive, guaranteeing freedom of expression on the web and the right to
information, with effective training to citizenship (and obviously state)
agents, and safeguarding the right to privacy and intellectual property.

I think in this way could enjoy the free will in the era of
interconnectedness, respecting the basic pillars of the definition of
freedom, Inmauel Kant, which involves limits: freedom is the ability of
rational beings to determine to act according to laws other than natural,
that is, according to laws that are given by its own reason; freedom is
equivalent to autonomy.

SOURCES

Final conference of the XV Congress of FIADI. Dr. Horacio Fernandez Delpech.

http://www.hfernandezdelpech.com.ar/CONFERENCIA%20FINAL%20XV%20CONGRESO%20FIADI.pdf

Interview with Prof. Antonio A. Martino on the site www.legislarbien.com.ar

19/07/2006. Electronic Government and Digital Democracy.

Castells, Manuel "Internet, freedom and society: an analytical perspective.

http://www.uoc.edu/web/esp/launiversidad/inaugural01/intro_conc.html

Salvioli, Fabian: On Line Course on the System Protection of Human Rights
in the United Nations Organization; Ed. American Institute of Human Rights,
San José de Costa Rica, 2003 www.iidh.ed.cr/CursosIIDH

Internet Society.



http://oiprodat.com/2013/02/24/la-internet-como-derecho-humano/
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