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A declaration of digital rights

Peter Bradwell

Published 12 December 2008

After 60 years, it’s time to refresh the Universal Declaration of Human Rights to take in the new digital frontier argues Peter Bradwell of UK think tank Demos

The benefits technology brings need to be protected

This week saw the 60th anniversary of the Universal Declaration of Human Rights. Within it are the foundational principles of dignity, autonomy and freedom of expression.

Forged in the shadow of a dark period of our history, at its heart is an explicit assertion of the power that individuals should have over their own lives, and the principles they should be able to apply in their relationship with governments, businesses, organisations and other individuals.

The Declaration did not mark the moment of victory, but gave us the ammunition for a continual struggle.

And the last decade has seen a new frontier on which these rights can be infringed, where liberties can be inhibited, and where our entitlement to be a full participant in political, social and cultural life interrupted.

As more of our lives become dependent on technology, our digital existences have become a new battlefield for our liberty and democratic principles.

The decisions other people make about or for us in this space are increasingly significant for our ‘offline’ lives, affecting our citizenship, our relationships with those around us, and our ability to be part of a shared political and cultural world.

Despite the utopian language that often surrounds new technology, it is by no means certain that it will automatically help to improve our freedoms and enhance our democratic process.

From the increasing significance of personal information, through to the regulation of content on websites, to freedom of expression and our ability to critique and exchange the culture and information around us, it is becoming ever more apparent that our digital rights are manifestations of these age old principles.

This is why, in the Demos pamphlet Video Republic, we argued for a Declaration of Digital Rights.

The hope is that it can help us translate these fundamental principles into the digital age. Without it, we will lose collective and individual purchase on them, ceding more power to other people, governments and organisations to determine the meaning and course of our lives.

There is a risk that we presume networks like the internet are, by default, open and democratic. But as it has become embedded in everyday life, tensions have emerged between what is possible and existing norms, laws and ways of working. In response, legislation, investment and regulation have begun to shape how network technologies operate.

At the moment, we are not basing these interventions on the principle that technology can help more people have power to influence their lives and the world around them. The focus has been too keenly placed on the interests of those that already have that power.

There are two principle challenges.

Firstly, information has become infinitely more reproducible, meaning we can share it and comment upon it like never before. Digital technology has connected people, their ideas, information, and products, making new kinds of collaboration and innovation possible.

Secondly, information about us and what we do has proliferated. We leave a digital footprint detailing our every move, which has made it easier for others to find out about us and decide on the kind of people we are. Neither of these are good or bad in themselves. But whether it is creating, sharing and critiquing the information around us, or in the investment we have in how others make decisions about who we are, the digital age can either give us more power, or take it away. A statement of digital rights is the only way to guarantee which.

For example, content like video and music is too often seen as just an economic asset. But it is also our culture. As such, there is a democratic imperative to emphasise the principle that people can share and discuss and build upon it. That will only happen if we stress our rights to do so, and build regulation and interventions around those principles.

If we do not stake a claim for such digital rights, then technology is merely in the service of the world as it currently is. The internet will become merely a shop, rather than an engine of social, political and economic innovation. We will not find new spaces for expression, debate and exchange but will find overly regulated, inhibited forums.

Our information will not become a tool for us to have more power over how others see us, and to debate and negotiate our place in the world. It will instead hand others - business and government - the power to decide those things, and the requisite response, for us.

If these rights are to make sense, they have to be universal, and international. We need a right-based paradigm rather than one of heavy regulation and rules. Ofcom and other media bodies are rightly looking at self-regulation and co-regulation, for example.

But these initiatives need to be underpinned by an assertion of the ideal status of individuals in the digital age.

Intervention and regulation around the internet was once seen as an attack on the principles of openness and autonomy.

It is now necessary, in the right form, to guarantee technology remains open, accessible and free. Just as with the Declaration of Human Rights, that takes a healthy mix of optimism, advocacy and realism.

Peter Bradwell is a Demos researcher

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4 comments from readers

amanfromMars
13 December 2008 at 13:17

Peter,

That is a noble enough concept which is abused quite outrageously by the BBC whenever they deny their services to a public who would simply question what their media machine presents as news and truth to follow and build upon. And that is more than just anecdotal whenever there are so many who would be able to verify it .... and some may even be sharing their thoughts here on the New Statesman

But you can fully realise the attraction of such abuse if it deflects and/or silences questions which Spin would rather not be required to answer.

It is an abuse though which is no longer sustainable and which will haunt them with its evidence.

If we are to be controlled digitally .... and we are .... then at least there should be the Intelligence and the Courtesy to ensure that the Truth be what we follow and not some misguided capital crusade/mission/ making a mockery of democratic principles.

It is as well to understand though that being economical with the truth, [a euphemism for a pack of lies] exacts and extracts a heavy, heady price with this ....http://business.timesonline.co.uk/tol/business/industry_sect... ... as a grain of sand on its beach, for there will be many building castles of sand on the beach well below the high water mark ... and the ebb of the tide has turned into flow.

The genie is out of the bottle and only the compromised fool tries to put it back and deny it .

Mr Bean or King Canute ..... the Yin Yang/DNA Profile of Darling Prudence. And this could have been written for you-know-who ..... http://tiny.cc/c0yPa

We7Steve
15 December 2008 at 21:48

The theory behind limiting the digital reproduction of music is important, since music is something as a nation that we are inordinately good at producing and in the past, monetising. It is also, as you say, plays a massive part in our culture, therefore it shouldn't be taken for free.

The problem we face is that now an entire generation has become accustomed to music as a commodity which need not be paid for. You can't force people to have a conscience for the artists and rights holders who lose or to recognise that what they are doing is in fact stealing. We need to provide consumers with a realistic alternative - ad-funded download services like We7 go some way to supporting this but we need new business models for the industry to be encouraged and nurtured in order for them to survive and save an incredibly powerful part of our culture of which we should all bea fiercely proud.

Steve Purdham

CEO - We7

http://www.we7.com

tszsanso
15 December 2008 at 22:37

A universal declaration of rights along the lines of a natural right has to be inalienable and fundamental, and while liberal democratic societies more or less have a clear (though not unchanging) idea of a concept of the human in which these inalienable rights reside, it is questionable what sort of foundation a declaration of digital rights should be founded upon. Information technology and the relationship between the regulator and the user and the technology itself are dynamic, much more so than the socio-economic and cultural relationships from which the concept of the human in each paradigm is conceived. A declaration of digital rights will be difficult, if not impossible, if what the boundaries of what is technologically possible expands every year.

gnuneo
25 December 2008 at 07:16

what we require is a brand-new net-interface, preferably based upon open-source OS (such as ubuntu), but definitely fully encrypted from the moment of connection. All emails, all net-traffic, all sites visited - the entire individual's surfing should NOT be open to the State or corporations, and the State should be FORCED to go through an arduous process to get the right from the courts to break that privacy.

when one looks at the State of the World today, to any kind of discerning view it becomes blindingly obvious that the vastest amount of human suffering, warfare, poverty, and all the other inflictions upon the Happiness of Mankind, are actually caused by overwhelming power of the State over the Individual.

it is the lack of Democracy that is dragging us down, yet how can there be any true form of Democracy when those already in charge of the States and societies can see if the citizen is browsing sites critical to their rule, and can threaten or otherwise prevent free exploration of information by the citizen?

or even allowing the State to directly prevent any critical sites from being put up?

you are entirely correct Peter, this is an issue that MUST go directly to the core of our society, what our social values are, what direction we wish to go in. If we as a free society allow our rulers to control the flow of information, if we allow them to control what we may say, then we are no longer "free" in any meaningful sense.

curious how such an absolutely vital discussion never appears in the mass media, yet one stupid prank by two buffoons is worth 2 weeks of headlines.

yet i bet that for the under 30s, their electronic privacy is *somewhat* more important.

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