Corinne.Cath

The United Nations Human Rights Council has reaffirmed many times that “the same rights that people have offline must also be protected online”.

The increased reliance on Internet technology impacts human rights. Image: Bruno Cordioli (Flickr CC BY 2.0).

The Internet has drastically reshaped communication practices across the globe, including many aspects of modern life. This increased reliance on Internet technology also impacts human rights. The United Nations Human Rights Council has reaffirmed many times (most recently in a 2016 resolution) that “the same rights that people have offline must also be protected online”. However, only limited guidance is given by international human rights monitoring bodies and courts on how to apply human rights law to the design and use of Internet technology, especially when developed by non-state actors. And while the Internet can certainly facilitate the exercise and fulfilment of human rights, it is also conducive to human rights violations, with many Internet organisations and companies currently grappling with their responsibilities in this area. To help understand how digital technology can support the exercise of human rights, we—Corinne Cath, Ben Zevenbergen, and Christiaan van Veen—organised a workshop at the 2017 Citizen Lab Summer Institute in Toronto, on ‘Coding Human Rights Law’. By gathering together academics, technologists, human rights experts, lawyers, government officials, and NGO employees, we hoped to gather experience and scope the field to: 1. Explore the relationship between connected technology and human rights; 2. Understand how this technology can support the exercise of human rights; 3. Identify current bottlenecks for integrating human rights considerations into Internet technology, and; 4. List recommendations to provide guidance to the various stakeholders working on human-rights strengthening technology. In the workshop report “Coding Human Rights Law: Citizen Lab Summer Institute 2017 Workshop Report”, we give an overview of the discussion. We address multiple legal and technical concerns. We consider the legal issues arising from human rights law being state-centric, while most connected technologies are being developed by the private sector. We also discuss the applicability of current international human rights frameworks to debates about new technologies. We cover the technical issues that arise when trying to code for human rights, in…

What is the responsibility of the private industry, which runs and owns much of the Internet, towards human rights?

The Human Rights Council in Geneva, Switzerland. Image: United Nations Photo (Flickr CC BY-NC-ND 2.0).

“The digital access industry is in the business of digital expression […] since privately owned networks are indispensable to the contemporary exercise of freedom of expression, their operators also assume critical social and public functions. The industry’s decisions […] can directly impact freedom of expression and related human rights in both beneficial and detrimental ways.” [Report of the Special Rapporteur on the right to freedom of expression, June 2017] The Internet is often portrayed as a disruptive equaliser, an information medium able to directly give individuals access to information and provide a platform to share their opinions unmediated. But the Internet is also a tool for surveillance, censorship, and information warfare. Often states drive such practices, but increasingly the private sector plays a role. While states have a clear obligation to protect human rights on the Internet, questions surrounding the human right accountability of the private sector are unclear. Which begs the question what the responsibility is of the private industry, which runs and owns much of the Internet, towards human rights? During the 35th session of the United Nations (UN) Human Rights Council this month, David Kaye, UN Special Rapporteur (UNSR) for the right to freedom of expression, presented his latest report [1], which focuses on the role of the private sector in the provision of Internet and telecommunications access. The UNSR on freedom of expression is an independent expert, appointed by the Human Rights Council to analyse, document, and report on the state of freedom of expression globally [2]. The rapporteur is also expected to make recommendations towards ‘better promoting and protection of the right to freedom of expression’ [3]. In recent years, the UNSRs on freedom of expression increasingly focus on the intersection between access to information, expression, and the Internet [4]. This most recent report is a landmark document. Its focus on the role and responsibilities of the private sector towards the right to freedom of…