[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.

Mon Mar 28 18:20:30 CEST 2016

Dear Romina,

I've found your article very instresting and wanted to share with you te
Africa

2016-03-10 17:25 GMT+00:00 romina florencia Cabrera <romicabrera83 at gmail.com
>:

> "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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>

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*Olévié Ayaovi Agbenyo KOUAMI*

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