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Bill of Rights for the Digital Age

diewlasing writes "Since we are living in a world where the need is growing for privacy measures and rights to use emerging technology, it seems to me that state governments should adopt a bill of rights regarding internet privacy, use of technology and speech on the internet. For example: make it illegal to allow ISPs to release personal information to anyone who wants it. Now, obviously, that's not the only issue. If you were asked by your state government to come up with a bill of rights for internet privacy, technology use, and free speech regarding the internet and emerging technologies, what would you include? Many things are covered (here in the US) under the Bill of Rights in the Constitution, but it seems to me that, these days, people with enough money can disregard this. Perhaps the states might find it a good idea to enshrine rights into law."

12 of 164 comments (clear)

  1. So? by dazedNconfuzed · · Score: 5, Insightful

    The Constitution's Bill of Rights doesn't stop legislators from infringing on rights, so what's to think a new one would do any better?

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    1. Re:So? by flaming+error · · Score: 5, Insightful

      Doesn't stop legislators? The current Executive branch uses the Bill of Rights to wipe its collective arse. And if the legislature passes something it doesn't like, bothersome parts are flagrantly disregarded by "signing statements."

      Laws only work if there's someone to enforce them. The inherent checks and balances of the three governmental branches are supposed to do that. But we've replaced the framers' three branches with just two: republicans and democrats. And they both blow smoke up our butts while doing whatever the hell they want.

    2. Re:So? by Jeremiah+Cornelius · · Score: 4, Insightful

      This is a public service announcement
      With guitar
      Know your rights all three of them

      Number 1
      You have the right not to be killed
      Murder is a CRIME!
      Unless it was done by a
      Policeman or aristocrat
      Know your rights

      And Number 2
      You have the right to food money
      Providing of course you
      Don't mind a little
      Investigation, humiliation
      And if you cross your fingers
      Rehabilitation

      Know your rights
      These are your rights
      Wang

      Know these rights

      Number 3
      You have the right to free
      Speech as long as you're not
      Dumb enough to actually try it.

      Know your rights
      These are your rights
      All three of 'em
      It has been suggested
      In some quarters that this is not enough!
      Well...

      Get off the streets
      Get off the streets
      Run
      You don't have a home to go to
      Smush

      Finally then I will read you your rights

      You have the right to remain silent
      You are warned that anything you say
      Can and will be taken down
      And used as evidence against you

      Listen to this
      Run

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    3. Re:So? by Anonymous Coward · · Score: 4, Insightful

      ...as did the Clinton Administration... as did the Bush Sr., Reagan, Carter, Ford, Nixon, LBJ, JFK... well, you get the point.

      Power corrupts. Full Stop. Creating another "Bill of Rights" would do nothing to change it.

      And to the OP, seriously, you really think the government is going to GIVE us more rights? The Bill of Rights, the real one, tells us what we can expect from our Government. Every law since then has been created to restrict what we can do, not expand it. This new "Internet Bill Of Rights" would end up a) being impossible to enforce since State's laws don't cross state lines, b) Be a waste of time, and c) Be restrictive and limiting, not expanding.

      How about we get around to repealing a lot of the "Think of the Children" and other nanny-state crap our legislatures have come up. THAT would be a better movement I would get behind.

    4. Re:So? by Hatta · · Score: 5, Informative

      The inherent checks and balances of the three governmental branches are supposed to do that. But we've replaced the framers' three branches with just two: republicans and democrats.

      Don't you mean one branch?

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    5. Re:So? by fyngyrz · · Score: 5, Insightful

      How many laws have been reversed because they were found to be unconstitutional?

      More to the point, how many have not, and how many people have been harmed by this?

      How long has it been since the meaning of the commerce clause was inverted? How long since they began passing ex post facto laws? How long since the right to keep and carry arms has been infringed? How long have they been carrying on a war against people's personal, consensual choices? When we start talking about periods of fifty years, you've lost me on that whole "it takes time to work." Unacceptable.

      My feeling is that if the system can't correct itself over a matter of decades, then the potential for harm by rogue laws (and rogue lawmakers, and rogue enforcers) is far too great. From this, I conclude that the system itself is thoroughly broken. It is not acceptable for people to be harmed by congress, the executive, and the courts exerting powers they have no authority to exert.

      Also - in a system where the government is allowed to hide who is harmed by their various out of bounds, unauthorized infliction of rogue legislation, it is not acceptable to have to demonstrate harm to one's self. If that is to be the standard, then the law in question MUST be completely transparent in its application. This whole "You can't challenge phone / wire / network taps because you can't show you've been tapped because the government won't say" is a complete and utter line of nonsense.

      The US legal system is being managed by criminals. Who says so? The constitution says so.

      --
      I've fallen off your lawn, and I can't get up.
  2. NO! by geminidomino · · Score: 4, Insightful

    Perhaps the states might find it a good idea to enshrine rights into law."

    Bullshit! The minute they do that, it opens the door for some scumbag politician's power play denying that people possess a right because it's not explicitly enumerated. That's why the bill of rights wasn't written that way in the first fucking place!
    1. Re:NO! by Chandon+Seldon · · Score: 4, Insightful

      Bullshit! The minute they do that, it opens the door for some scumbag politician's power play denying that people possess a right because it's not explicitly enumerated. That's why the bill of rights wasn't written that way in the first fucking place!

      Whereas without such a document the politician would deny people *any* rights because there's no reason to think people have rights.

      Consider the UN Universal Declaration of Human Rights. Most of the world blatantly ignores it, but it serves an important purpose - it gives us something to point at as a reference point for which rights are basic and universal.

      Getting back to the US Bill of Rights, it's not that we would have a right to Privacy if no rights were enumerated, it's that we would have no right to Bear Arms is they weren't.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  3. Digital age rights by Wowsers · · Score: 5, Funny

    The digital age bill of rights: "We'll send you the bill, and you have no rights!"

    --
    Take Nobody's Word For It.
  4. Politician's rebuttal by tmosley · · Score: 4, Funny

    So do criminals.

  5. The Bill of Rights is Outdated by DigitalisAkujin · · Score: 4, Insightful

    If the founding fathers made it a right to own firearms, would they have done the same for the right to own and drive a car? These days our government preaches "privileges" instead of "rights". To what end?

    This country is going down the tubes and here's why: No one cares enough. People are down right happy with their lives as they are and unless there's a large enough percentage of the population willing to openly revolt nothing is going to change.

    We have hypocrisies after hypocrisies: Taxation without representation, suspension of habeas corpus, need I go on?

    The people in power realize that the people won't stand for oppression so they allow a standard of living that's just good enough for 95% of the population and they are willing to throw away the other 5% because again, they realize it lets them maintain the status quo. 1984? Nah.... just a nanny, security state propped up by the same assholes who can't take responsibility for their own actions so they let the government move in and regulate everything.

    So how does this tie into an "Internet Bill of Rights"? You have to make enough CARE to create a movement for anything. As for some rules.... lets start with just one for now..... Network Neutrality.

  6. Rights by Archangel+Michael · · Score: 5, Insightful

    True rights don't require or aren't about anything technological. Rights exist apart from technology, so that if you're stranded on an deserted island, your rights still exist.

    This is one of those things that people on the left have no concept of. They think rights are things you're entitled to by government decree, which is completely contrary to the founding document of the USofA. Government ought to be extremely limited, not an all powerful monolithic demigod that it has become. And rights don't require forcing others into situations they don't want to be in (eg Universal Health Care).

    While it is NICE to want Universal Health Care, it isn't a "right" because it requires something from others. It requires technology and the work of others. The biggest problem we have today is that people don't have a clear concept of what a "right" is, because they lack a foundation for describing what rights are.

    From the article "state governments should adopt a bill of rights regarding internet privacy, use of technology and speech on the internet. "

    Why? It is the responisibility of each of the users to protect themselves, and government shouldn't get involved except in cases for prosecution of whatever contractual breaches occurred. When you willingly give your info to others without a contract in place, and it escapes in the wild, that is the risk you take doing so.

    "For example: make it illegal to allow ISPs to release personal information to anyone who wants it."

    Wrong approach. Either accept that personal info is going to be released or find an ISP that offers a guaranteed level of privacy you desire. Can't find one? Tough, go without. Or find an open access point, internet cafe or whatever, that doesn't require personal info.

    "If you were asked by your state government to come up with a bill of rights for internet privacy, technology use, and free speech regarding the internet and emerging technologies, what would you include?"

    I don't want a Nanny state, babysitting people. I want a state that protects the LIBERTY of all men, and not pass stupid laws because someone said "there ought to be a law". How about this instead. Be Responsible for yourself, protect yourself at all times. If you took care of yourself, then you don't need the laws you're proposing. Personally, I don't want to give up Liberty for Security, because you end up with neither.

    "people with enough money can disregard this."

    That is the result of government power abuses. That is a result of a government that cannot even rule itself. That is a result of power grab by the government because someone said ... "there ought to be a law" and ceded Liberty for Security.

    "Perhaps the states might find it a good idea to enshrine rights into law."

    Perhaps you don't know that rights exist apart from law. Laws are only there to secure rights and Liberties of men. Government doesn't grant rights, and your basic premise clearly shows that you don't understand what a right or liberty really is, or the government's purpose is.

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