Report by Amnesty International: “Google and Facebook help connect the world and provide crucial services to billions. To participate meaningfully in today’s economy and society, and to realize their human rights, people rely on access to the internet—and to the tools Google and Facebook offer. But Google and Facebook’s platforms come at a systemic cost. The companies’ surveillance-based business model is inherently incompatible with the right to privacy and poses a threat to a range of other rights including freedom of opinion and expression, freedom of thought, and the right to equality and non-discrimination….(More)”.
Responsible Data for Children
New Site and Report by UNICEF and The GovLab: “RD4C seeks to build awareness regarding the need for special attention to data issues affecting children—especially in this age of changing technology and data linkage; and to engage with governments, communities, and development actors to put the best interests of children and a child rights approach at the center of our data activities. The right data in the right hands at the right time can significantly improve outcomes for children. The challenge is to understand the potential risks and ensure that the collection, analysis and use of data on children does not undermine these benefits.
Drawing upon field-based research and established good practice, RD4C aims to highlight and support best practice data responsibility; identify challenges and develop practical tools to assist practitioners in evaluating and addressing them; and encourage a broader discussion on actionable principles, insights, and approaches for responsible data management.
Digital human rights are next frontier for fund groups
Siobhan Riding at the Financial Times: “Politicians publicly grilling technology chiefs such as Facebook’s Mark Zuckerberg is all too familiar for investors. “There isn’t a day that goes by where you don’t see one of the tech companies talking to Congress or being highlighted for some kind of controversy,” says Lauren Compere, director of shareholder engagement at Boston Common Asset Management, a $2.4bn fund group that invests heavily in tech stocks.
Fallout from the Cambridge Analytica scandal that engulfed Facebook was a wake-up call for investors such as Boston Common, underlining the damaging social effects of digital technology if left unchecked. “These are the red flags coming up for us again and again,” says Ms Compere.
Digital human rights are fast becoming the latest front in the debate around fund managers’ ethical investments efforts. Fund managers have come under pressure in recent years to divest from companies that can harm human rights — from gun manufacturers or retailers to operators of private prisons. The focus is now switching to the less tangible but equally serious human rights risks lurking in fund managers’ technology holdings. Attention on technology groups began with concerns around data privacy, but emerging focal points are targeted advertising and how companies deal with online extremism.
Following a terrorist attack in New Zealand this year where the shooter posted video footage of the incident online, investors managing assets of more than NZ$90bn (US$57bn) urged Facebook, Twitter and Alphabet, Google’s parent company, to take more action in dealing with violent or extremist content published on their platforms. The Investor Alliance for Human Rights is currently co-ordinating a global engagement effort with Alphabet over the governance of its artificial intelligence technology, data privacy and online extremism.
Investor engagement on the topic of digital human rights is in its infancy. One roadblock for investors has been the difficulty they face in detecting and measuring what the actual risks are. “Most investors do not have a very good understanding of the implications of all of the issues in the digital space and don’t have sufficient research and tools to properly assess them — and that goes for companies too,” said Ms Compere.
One rare resource available is the Ranking Digital Rights Corporate Accountability Index, established in 2015, which rates tech companies based on a range of metrics. The development of such tools gives investors more information on the risk associated with technological advancements, enabling them to hold companies to account when they identify risks and questionable ethics….(More)”.
The Rising Threat of Digital Nationalism
Essay by Akash Kapur in the Wall Street Journal: “Fifty years ago this week, at 10:30 on a warm night at the University of California, Los Angeles, the first email was sent. It was a decidedly local affair. A man sat in front of a teleprinter connected to an early precursor of the internet known as Arpanet and transmitted the message “login” to a colleague in Palo Alto. The system crashed; all that arrived at the Stanford Research Institute, some 350 miles away, was a truncated “lo.”
The network has moved on dramatically from those parochial—and stuttering—origins. Now more than 200 billion emails flow around the world every day. The internet has come to represent the very embodiment of globalization—a postnational public sphere, a virtual world impervious and even hostile to the control of sovereign governments (those “weary giants of flesh and steel,” as the cyberlibertarian activist John Perry Barlow famously put it in his Declaration of the Independence of Cyberspace in 1996).
But things have been changing recently. Nicholas Negroponte, a co-founder of the MIT Media Lab, once said that national law had no place in cyberlaw. That view seems increasingly anachronistic. Across the world, nation-states have been responding to a series of crises on the internet (some real, some overstated) by asserting their authority and claiming various forms of digital sovereignty. A network that once seemed to effortlessly defy regulation is being relentlessly, and often ruthlessly, domesticated.
From firewalls to shutdowns to new data-localization laws, a specter of digital nationalism now hangs over the network. This “territorialization of the internet,” as Scott Malcomson, a technology consultant and author, calls it, is fundamentally changing its character—and perhaps even threatening its continued existence as a unified global infrastructure.
The phenomenon of digital nationalism isn’t entirely new, of course. Authoritarian governments have long sought to rein in the internet. China has been the pioneer. Its Great Firewall, which restricts what people can read and do online, has served as a model for promoting what the country calls “digital sovereignty.” China’s efforts have had a powerful demonstration effect, showing other autocrats that the internet can be effectively controlled. China has also proved that powerful tech multinationals will exchange their stated principles for market access and that limiting online globalization can spur the growth of a vibrant domestic tech industry.
Several countries have built—or are contemplating—domestic networks modeled on the Chinese example. To control contact with the outside world and suppress dissident content, Iran has set up a so-called “halal net,” North Korea has its Kwangmyong network, and earlier this year, Vladimir Putin signed a “sovereign internet bill” that would likewise set up a self-sufficient Runet. The bill also includes a “kill switch” to shut off the global network to Russian users. This is an increasingly common practice. According to the New York Times, at least a quarter of the world’s countries have temporarily shut down the internet over the past four years….(More)”
A Constitutional Right to Public Information
Paper by Chad G. Marzen: “In the wake of the 2013 United States Supreme Court decision of McBurney v. Young (569 U.S. 221), this Article calls for policymakers at the federal and state levels to ensure governmental records remain open and accessible to the public. It urges policymakers to call not only for strengthening of the Freedom of Information Act and the various state public records law, but to pursue an amendment to the United States Constitution providing a right to public information.
This Article proposes a draft of such an amendment:
The right to public information, being a necessary and vital part of democracy, shall be a fundamental right of the people. The right of the people to inspect and/or copy records of government, and to be provided notice of and attend public meetings of government, shall not unreasonably be restricted.
This Article analyzes the benefits of the amendment and concludes the enshrining of the right to public information in both the United States Constitution as well as various state constitutions will ensure greater access of public records and documents to the general public, consistent with the democratic value of open, transparent government….(More)”.
World stumbling zombie-like into a digital welfare dystopia, warns UN human rights expert
UN Press Release: “A UN human rights expert has expressed concerns about the emergence of the “digital welfare state”, saying that all too often the real motives behind such programs are to slash welfare spending, set up intrusive government surveillance systems and generate profits for private corporate interests.
“As humankind moves, perhaps inexorably, towards the digital welfare future it needs to alter course significantly and rapidly to avoid stumbling zombie-like into a digital welfare dystopia,” the Special Rapporteur on extreme poverty and human rights, Philip Alston, says in a report to be presented to the General Assembly on Friday.
The digital welfare state is commonly presented as an altruistic and noble enterprise designed to ensure that citizens benefit from new technologies, experience more efficient government, and enjoy higher levels of well-being. But, Alston said, the digitization of welfare systems has very often been used to promote deep reductions in the overall welfare budget, a narrowing of the beneficiary pool, the elimination of some services, the introduction of demanding and intrusive forms of conditionality, the pursuit of behavioural modification goals, the imposition of stronger sanctions regimes, and a complete reversal of the traditional notion that the state should be accountable to the individual….(More)”.
Human Rights in the Age of Platforms
Book edited by Rikke Frank Jørgensen: “Today such companies as Apple, Facebook, Google, Microsoft, and Twitter play an increasingly important role in how users form and express opinions, encounter information, debate, disagree, mobilize, and maintain their privacy. What are the human rights implications of an online domain managed by privately owned platforms? According to the Guiding Principles on Business and Human Rights, adopted by the UN Human Right Council in 2011, businesses have a responsibility to respect human rights and to carry out human rights due diligence. But this goal is dependent on the willingness of states to encode such norms into business regulations and of companies to comply. In this volume, contributors from across law and internet and media studies examine the state of human rights in today’s platform society.
The contributors consider the “datafication” of society, including the economic model of data extraction and the conceptualization of privacy. They examine online advertising, content moderation, corporate storytelling around human rights, and other platform practices. Finally, they discuss the relationship between human rights law and private actors, addressing such issues as private companies’ human rights responsibilities and content regulation…(More)”.
Is Privacy and Personal Data Set to Become the New Intellectual Property?
Paper by Leon Trakman, Robert Walters, and Bruno Zeller: “A pressing concern today is whether the rationale underlying the protection of personal data is itself a meaningful foundation for according intellectual property (IP) rights in personal data to data subjects. In particular, are there particular technological attributes about the collection, use and processing of personal data on the Internet, and global access to that data, that provide a strong justification to extend IP rights to data subjects? A central issue in so determining is whether data subjects need the protection of such rights in a technological revolution in which they are increasingly exposed to the use and abuse of their personal data. A further question is how IP law can provide them with the requisite protection of their private space, or whether other means of protecting personal data, such as through general contract rights, render IP protections redundant, or at least, less necessary. This paper maintains that lawmakers often fail to distinguish between general property and IP protection of personal data; that IP protection encompasses important attributes of both property and contract law; and that laws that implement IP protection in light of its sui generis attributes are more fitting means of protecting personal data than the alternatives. The paper demonstrates that one of the benefits of providing IP rights in personal data goes some way to strengthening data subjects’ control and protection over their personal data and strengthening data protection law more generally. It also argues for greater harmonization of IP law across jurisdictions to ensure that the protection of personal data becomes more coherent and internationally sustainable….(More)”.
Real-time maps warn Hong Kong protesters of water cannons and riot police
Mary Hui at Quartz: “The “Be Water” nature of Hong Kong’s protests means that crowds move quickly and spread across the city. They might stage a protest in the central business district one weekend, then industrial neighborhoods and far-flung suburban towns the next. And a lot is happening at any one time at each protest. One of the key difficulties for protesters is to figure out what’s happening in the crowded, fast-changing, and often chaotic circumstances.
Citizen-led efforts to map protests in real-time are an attempt to address those challenges and answer some pressing questions for protesters and bystanders alike: Where should they go? Where have tear gas and water cannons been deployed? Where are police advancing, and are there armed thugs attacking civilians?
One of the most widely used real-time maps of the protests is HKMap.live, a volunteer-run and crowdsourced effort that officially launched in early August. It’s a dynamic map of Hong Kong that users can zoom in and out of, much like Google Maps. But in addition to detailed street and building names, this one features various emoji to communicate information at a glance: a dog for police, a worker in a yellow hardhat for protesters, a dinosaur for the police’s black-clad special tactical squad, a white speech-bubble for tear gas, two exclamation marks for danger.
Founded by a finance professional in his 20s and who only wished to be identified as Kuma, HKMap is an attempt to level the playing field between protesters and officers, he said in an interview over chat app Telegram. While earlier on in the protest movement people relied on text-based, on-the-ground live updates through public Telegram channels, Kuma found these to be too scattered to be effective, and hard to visualize unless someone knew the particular neighborhood inside out.
“The huge asymmetric information between protesters and officers led to multiple occasions of surround and capture,” said Kuma. Passersby and non-frontline protesters could also make use of the map, he said, to avoid tense conflict zones. After some of his friends were arrested in late July, he decided to build HKMap….(More)”.
Reimagining Administrative Justice: Human Rights in Small Places
Book by Margaret Doyle and Nick O’Brien: “This book reconnects everyday justice with social rights. It rediscovers human rights in the ‘small places’ of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice – ombuds, tribunals and mediation – rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of ‘user focus’, with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture….(More)”.