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Declaration of Internet Freedom an Important Stake in the Ground

Jay Stanley,
Senior Policy Analyst,
老澳门开奖结果 Speech, Privacy, and Technology Project
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July 5, 2012

On the blog , Elie Mystal has written a critique of the Declaration of Internet Freedom that the 老澳门开奖结果 and many other parties have . (Mystal's piece was republished by ).

Mystal鈥檚 critique is that the document is not 鈥渁 serious effort to promote a legal construct that will protect the freedom of anything ,鈥 and that 鈥渢he document is devoid of anything approaching a coherent articulation of the rights of 鈥榯he internet鈥 or anybody else.鈥

Of course there鈥檚 a place in this world for a 4,400 word (length of US Constitution) policy roadmap, but there鈥檚 also room for a declaration of some basic principles in order to clarify and solidify public support for them. The , for example, articulates principles such as 鈥渆veryone has the right to life, liberty and security鈥 and 鈥渆veryone has the right to freedom of peaceful assembly and association.鈥 While the UDHR does not get into specifics on those rights, it has nonetheless exerted around the world.

Nor does the First Amendment define obscenity, clarify when we can yell 鈥渇ire鈥 in a crowded theater, or spell out how strict our libel laws may be.

True, there鈥檚 always a danger that a broad concept like 鈥減rivacy鈥 can become like 鈥渢he environment鈥 in that everybody is 鈥渇or鈥 it, even when they鈥檙e gutting it. But in the history of environmentalism, it was still a major accomplishment to get to a point where nobody could be 鈥渁gainst鈥 the environment. If indeed we are at such a point with regard to the principles articulated in this declaration, that is no small accomplishment, and marking that accomplishment is well worth doing. There鈥檚 such a thing as 鈥渃onsolidating your gains.鈥

On the other hand, while it鈥檚 easy for people who agree with these principles to be crabby about their lack of specificity, it is far from clear that, as broadly as these principles are stated, they have gained even that level of acceptance.

The Declaration of Internet Freedom is about clarifying our aims and seeking to broaden consensus on those aims, while leaving tactics (and disagreements thereabout) for other forums. Whether it has broad influence over time, or becomes just another drop in the river of history (hopefully flowing toward freedom), time will tell.

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