[LINK] UN: Disconnecting users as a punishment breaches Human Rights
Kim Holburn
kim at holburn.net
Sat Jun 4 09:53:29 AEST 2011
http://happycoleopter.blogspot.com/2011/06/un-special-report-of-special-rapporteur.html
UN Special Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue
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> Arbitrary blocking or filtering of content on the Internet
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> 70.
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> The Special Rapporteur is deeply concerned by increasingly sophisticated blocking or filtering mechanisms used by States for censorship. The lack of transparency surrounding these measures also makes it difficult to ascertain whether blocking or filtering is really necessary for the purported aims put forward by States.
> As such, the Special Rapporteur calls upon States that currently block websites to provide lists of blocked websites and full details regarding the necessity and justification for blocking each individual website. An explanation should also be provided on the affected websites as to why they have been blocked. Any determination on what content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences.
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> Disconnecting users from Internet access, including on the basis of intellectual property rights law
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> 78.
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> While blocking and filtering measures deny users access to specific content on the Internet, States have also taken measures to cut off access to the Internet entirely. The Special Rapporteur considers cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights.
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> 79.
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> The Special Rapporteur calls upon all States to ensure that Internet access is maintained at all times, including during times of political unrest. In particular, the Special Rapporteur urges States to repeal or amend existing intellectual copyright laws which permit users to be disconnected from Internet access, and to refrain from adopting such laws.
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Kim Holburn
IT Network & Security Consultant
T: +61 2 61402408 M: +61 404072753
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