随着互联网的出现,人们对新形式权利的需求也随之出现。互联网不断发展壮大,其用户在上网时需要一种体面的权利保护形式。考虑到基本人权并不能很好地满足这一需求,因此需要发明数字权利。
数字权利和数字自由的基本概念和原则
The term digital rights include human rights that would allow Internet users to access, create, use, as well as freely publish digital media. This, of course, also includes the right to access and use electronic devices like computers, as well as entire communication networks.
Already existing rights like freedom of expression and the right to individual privacy were also included but in a completely new context. Finally, in the spirit of the modern age, the right to Internet access has also been recognized and listed as a basic human right by multiple countries’ law.
Digital freedom, therefore, includes the rights to have universal access to technology and information, as well as the aforementioned right to privacy, but also freedom of expression, opinion, and the right to innovation, creativity, as well as development.
一些国家,如埃及,还纳入了直接影响这些权利的其他一些相关因素,如通信服务的质量、其可持续性以及首先获得这些服务的成本。
In fact, their paper on the issue includes digital privacy, as well as threats to the privacy of the citizens of this country, even when that threat comes from the government itself, or alternatively, from service providers, or malicious software.
此外,文件还谈到了表达自由。这包括使用互联网和网络媒体作为工具,让用户可以访问平台,公开表达自己的想法和意见。表达自由包括媒体机构、团体、记者以及个人用户。
在线保护很快成为必需品
如前所述,包括数字自由在内的基本人权被认为与互联网相关。数字自由概念中还包括其他一些权利,如受教育权、消费者权利、使用多种语言等。
In order to provide these rights, the internet had to receive a new characterization as a public good on a global scale. As such, it must be accessible to everyone, and the rights of others need to be recognized and respected. This has also brought in the necessity to include rules that would allow or deny certain actions, in accordance with the offline laws. What this means is that, basically, what the law doesn’t allow outside of the internet, should not, and will not be tolerated online either.
Additionally, according to the Jesuit journal, there is a possibility of the abuse of freedom of expression. This abuse may come from individuals, as well as companies. Not only that, but there is a large potential of exploitation of computer and internet users for financial gain, not to mention repressive regimes that would hide or block information from the users. In order to combat these issues, a Charter of Human Rights for the Internet had to be organized.
The fact is that these rights need to be regularly checked and updated with the continuous development of the internet. This necessity was seen best during the seizure of Megaupload by the US government several years ago. Back then, the government argued that property rights were lost if the users choose to store their data on a cloud computing service, which earned them a lot of criticism by the EFF (Electronic Frontier Foundation).
积极的一面是,越来越多的国家认识到有必要纳入各种数字权利和自由,过去二十年在这一领域取得了很大进展。其中大部分努力包括确保人人都能广泛使用互联网、电子设备等。另一方面,也需要防止一些被认为不合理的限制。
After multiple right charter suggestions, world summits regarding the internet and digital freedoms, Bills of Rights, and alike, the opinion of the public was asked as well. The Internet Society conducted an entire series of online interviews in over 20 countries, which included more than 10,000 users. The users were asked on their opinions on various issues regarding digital rights, like whether the access to the Internet should be considered a basic human right, and whether or not the user believe that the internet can help society.
The results of the study have shown that many believe that the internet is, in fact, a positive force in the world and that it should be decentralized, free, and protective of their users, just as the law protects them in the ‘real world’.


