On Independence

As we approach Independence Day here in these United States, a group has begun promoting an Internet Declaration of Freedom. You can find a quick CNET article describing it here. It's supported by such heavyweights as the American Civil Liberties Union, the Electronic Frontier Foundation and Amnesty International. There is also a list of respected individuals including professors, internet and technology pioneers and a few musicians.

This is an interesting proposal in the wake of such legislation as SOPA and PIPA and seems to be a reaction to that legislation. The declaration is composed of five principles that it proposes as guidelines for creating legislation to govern the internet: Expression, Access, Openness, Innovation and Privacy. There is a brief sentence describing each principle on the website.

It emulates the U.S. Constitution in that it provides a general outline for more specific regulation and legislation. As a result, it has the same strengths and weaknesses as the Constitution. The lack of specific rules and goals make the document flexible and adaptable to most situations. That same lack of specificity means that the document is open to interpretation by whoever might seek to implement it. Of course, this document isn't law, though those behind it would love to see it enacted in some way by Congress or even passed as an Amendment to the Constitution. Maybe it's time for a new Amendment to compensate for our contemporary, connected country.

The primary road block to such a result is that this document makes no specific provision for the protection of private property. It very much encourages openness and sharing. It places a high priority over user privacy and control over personal data. It does not make any attempt to provide guidelines for fighting piracy. Whether that is the question we should be asking or not, whether piracy hurts digital sales or not, without a specific mention of combating piracy in this document it will not succeed and will be denounced as "the Pirate Manifesto" or some such.

That being said, the principles are solid, the intention is good and, if we're not too far removed from the anti SOPA/PIPA movement it can make waves in our political world today. I hope it does.

Andrew

Reading: Leviathan Wakes, James S.A. Corey. 73/582