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Manual Virtual Freedom: Net Neutrality and Free Speech in the Internet Age

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Needs Improvement Love it! Details if other :. Thanks for telling us about the problem. Return to Book Page. Preview — Virtual Freedom by Dawn C. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions—from obstructing e-mail to censoring cablecasts—are considered legal because of recent changes in free speech law.

In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content.

Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online. Get A Copy.

Paperback , pages. Published August 28th by Stanford Law Books first published More Details Friend Reviews. To see what your friends thought of this book, please sign up. To ask other readers questions about Virtual Freedom , please sign up. Lists with This Book. This book is not yet featured on Listopia.

Community Reviews. Showing Rating details. More filters. Sort order. Oct 21, Bryan rated it liked it. May 29, Ian rated it it was amazing. Virtual Freedom: Net Neutrality and Free Speech in the Internet Age by Dawn Nunziato is an informative book that tells its readers about the rising issue of net neutrality. Net neutrality is a term that describes an internet free of discrimination to websites from broadband providers despite the contents of their websites.

In this book, Nunziato describes the pinnacle of our freedoms of speech, expression, and especially consumerism: the internet. To do so, Internet Freedom rules out government intervention, avoids a global governance system, and ignores the imposition of liability for violation of human rights by the private sector. This ensures the absence of obstacles to the operation of the free market of information online.

In sum, the free market can continue to function and the protection of some human rights has been a pretext, perhaps a positive externality, but not the priority. A recent body of literature explores the progressive inclusion of the African-American population in the United States. Despite having obtained their freedom in , this population was systematically excluded and their aspiration of equality betrayed, even by the government itself GOLDSTONE, This policy caused social damage among the population, but a century had to pass before the doctrine in question was abolished, and civil and political rights were granted to the African-American population.

The same can be said of Internet Freedom. An Internet policy based on human rights should be sustained on a comprehensive and global view of those rights, including not only freedom of expression and right to privacy, but also social, economic, and cultural rights, including the right to development. The policy should also empower people to effectively exercise their citizenship in the digital setting and to be participants in the governance of the Internet, either directly or through democratic channels. The policy should also establish clear responsibilities for private sector actors, who exercise more control in the structure of the Internet.

And, although it does not need to challenge the market, it does require that priority be placed on human rights demands rather than free the market.

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Let us briefly examine each of these points. The Internet is a global digital communications platform. It is such evanescence of borders online, which requires not only global coordination, but also that it is produced on the basis of certain, global, consensus-driven values. It is no longer just the local version of certain freedoms or rights, but one based on international human rights law. It would not be fair to blame a couple or even a group of countries for pushing a reduced rights agenda according to their own interests, but it would be just to criticize those that make their own without criticism, and certainly to criticize ourselves when we shirk the responsibility of contributing to their improvement from our own realities.

Even if an agenda is global, its precision and implementation requires locating the priorities BERTONI, , but without losing sight of a comprehensive approach.

Net Neutrality and Internet Freedom - Kohei Yasui - [email protected]

The legal declarations and their constitutional recognition initially concentrated on putting limits on state action in order to prevent that the government subjugate the citizens. Thus, by hindering state intrusion in the home, or prohibiting censorship. However, this view becomes limited because it omits that the state can act as a guarantor of freedom, especially against the impact of the concentration of private power over our freedoms FISS, A comprehensive approach to human rights also recognizes such capacity in the State and, indeed, demands the necessary intervention to protect and promote the rights of the people.

A comprehensive approach based on human rights should be extended to all the rights susceptible to Internet technology. And of course, the right to development must be included among them, particularly given the widening gap between people and individuals online and those disconnected from the Internet. An Internet approach based on human rights should not just look at them comprehensively, but it must also articulate a process to identify how the Internet affects those rights so that standards that that are specifically applicable can be established.

Accurately, it has been suggested that a rights-based approach must emphasize participation, introduce supervision, empower people, avoid discrimination, and connect decisions with accepted human rights standards LIDDICOAT, , p. A human rights-based Internet thus requires expressing human rights standards in its content and in its formulation.

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Virtual Freedom: Net Neutrality and Free Speech in the Internet Age

Unlike other contexts, the Internet puts us in an environment that private actors essentially dominate. Most governments lack the technical and economic capabilities available to many computer or telecommunications businesses in order to condition the operation of the Internet and to eventually infringe the rights of individuals. To pressure these actors to voluntarily comply with standards based on human rights is, even if commendable, insufficient and puts the State itself in breach of its duty to protect people against the violation of their basic rights.

Therefore, an Internet based on human rights cannot avoid the responsibility that the private sector holds in the violation of human rights, not only when it acts in conjunction with the state, but also when it does it on its own accord. This requires us to unambiguously determine permissible behavioral patterns in both the public and private sectors.