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"This publication seeks to identify the relationship between freedom of expression and Internet privacy, assessing where they support or compete with each other in different circumstances. The book maps out the issues in the current regulatory landscape of Internet privacy from the viewpoint of freedom of expression. It provides an overview of legal protection, self-regulatory guidelines, normative challenges, and case studies relating to the topic. With this publication UNESCO aims to provide its Member States and other stakeholders, national and international, with a useful reference tool containing up-to-date and sharp information on emerging issues relevant to both developed and developing countries. Multiple stakeholders, preferably in dialogue, can use it in their own spheres of operation, adapting where appropriate from the range of experiences as recorded in these pages. The publication also supplies additional sources of reference for interested readers to use to further investigate each of the subjects highlighted. The publication explores a range of issues, such as: (1) threats to privacy that have developed through the Internet, (2) international legal standards on privacy and responses to these emerging issues, (3) complex intersections between the rights to privacy and freedom of expression, (4) UNESCO recommendations to states and corporations for better practice, (5) overview of literature, background material and tools on international and national policy and practice on privacy and freedom of expression on the Internet. In the coming years, UNESCO will specifically seek to disseminate information about good practices and international collaboration concerning the points of intersection between freedom of expression and privacy. Research on safeguarding the principle of freedom of expression in Internet policy across a range of issues will continue to be part of UNESCO's normative mandate and technical advice to stakeholders."--Publisher's description
In New York and Baltimore, police cameras scan public areas twenty-four hours a day. Huge commercial databases track you finances and sell that information to anyone willing to pay. Host sites on the World Wide Web record every page you view, and “smart” toll roads know where you drive. Every day, new technology nibbles at our privacy.Does that make you nervous? David Brin is worried, but not just about privacy. He fears that society will overreact to these technologies by restricting the flow of information, frantically enforcing a reign of secrecy. Such measures, he warns, won't really preserve our privacy. Governments, the wealthy, criminals, and the techno-elite will still find ways to watch us. But we'll have fewer ways to watch them. We'll lose the key to a free society: accountability.The Transparent Society is a call for “reciprocal transparency.” If police cameras watch us, shouldn't we be able to watch police stations? If credit bureaus sell our data, shouldn't we know who buys it? Rather than cling to an illusion of anonymity-a historical anomaly, given our origins in close-knit villages-we should focus on guarding the most important forms of privacy and preserving mutual accountability. The biggest threat to our freedom, Brin warns, is that surveillance technology will be used by too few people, now by too many.A society of glass houses may seem too fragile. Fearing technology-aided crime, governments seek to restrict online anonymity; fearing technology-aided tyranny, citizens call for encrypting all data. Brins shows how, contrary to both approaches, windows offer us much better protection than walls; after all, the strongest deterrent against snooping has always been the fear of being spotted. Furthermore, Brin argues, Western culture now encourages eccentricity-we're programmed to rebel! That gives our society a natural protection against error and wrong-doing, like a body's immune system. But “social T-cells” need openness to spot trouble and get the word out. The Transparent Society is full of such provocative and far-reaching analysis.The inescapable rush of technology is forcing us to make new choices about how we want to live. This daring book reminds us that an open society is more robust and flexible than one where secrecy reigns. In an era of gnat-sized cameras, universal databases, and clothes-penetrating radar, it will be more vital than ever for us to be able to watch the watchers. With reciprocal transparency we can detect dangers early and expose wrong-doers. We can gauge the credibility of pundits and politicians. We can share technological advances and news. But all of these benefits depend on the free, two-way flow of information.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
This book is a reprint of the Chapters on Privacy and Freedom of Expression from the authors' major practitioner text, iThe Law of Human Rights/i; its separate publication in this form is intended to make it accessible to those who might not want to buy the larger work. It provides acomprehensive and systematic treatment of human rights law and practice in the UK in relation to privacy and freedom of expression, including detailed analysis of the impact of the Human Rights Act 1998.The book is in two sections: relating to privacy and freedom of expression respectively. Each section contains a discussion of the pre-existing status of the right in English law, a thorough analysis of the European Convention case law, and full examination of the likely impact of incorporation onEnglish law. This impact is considered in relation to the applicable general principles but also in respect of a number of specific subject areas, including business and commerce, criminal law and justice, education, employment, immigration, media, mental health, police and prisoners. Each sectionhas detailed appendices drawing out lessons from the experience under the Canadian Charter and the New Zealand Bill of Rights as well as discussion of the relevant right in other jurisdictions. It is the only book which provides such a detailed analysis of these two important rights, and is likelyto be of particular interest to media lawyers and practitioners, as well as to those practising in employment and criminal law.
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.
Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things matures and facial recognition, predictive analytics, big data, and wearable tracking grow in power, scale, and scope, a controversial ecosystem will exacerbate the acrimony over commercial data capture and analysis. The only productive way forward is to get a grip on the key problems right now and change the conversation. That's exactly what Jules Polonetsky, Omer Tene, and Evan Selinger do. They bring together diverse views from leading academics, business leaders, and policymakers to discuss the opportunities and challenges of the new data economy.
As this publication explains, freedom of expression is not just a by-product of technical change; it must be protected by legal and regulatory measures that balance a variety of potentially conflicting values and interests in a complex global ecology of choices. The impetus that this report provides for the prioritization of research in this field encourages further scrutiny of the multifaceted issues that govern the conditions for freedom of expression on the Internet. The findings of this research point to the need to better track a wider array of global, legal and regulatory trends. It is my hope that this publication proves to be a useful and informative resource for all users working in this domain, whether individual researchers, students or policy makers.