The Charter of Human Rights and Principles for the Internet Educational Resource Guide (v2) (Internet Rights and Principles Coalition)

2017 Internet Governance Forum, Geneva (Switzerland)
Dynamic Coalition Main Session

DRAFT Paper from the DC for Internet Rights and Principles (IRPC)
The Charter of Human Rights and Principles for the Internet Educational Resource
Guide (v2)

Overview
The Dynamic Coalition on Internet Rights and Principles (IRPC) has been developing an Educational Resource Guide to
the Charter of Human Rights and Principles for the Internet for educational use, in the classroom but also for advocacy
purposes in different national and policy-contexts. The IRPC Charter is available in booklet form on the IRPC website at
http://internetrightsandprinciples.org/site/. It is currently in eight languages.

This paper refers to the English edition of the Charter Booklet, at http://internetrightsandprinciples.org/site/wpcontent/
uploads/2017/03/IRPC_english_4thedition-1.pdf.

This paper provides a brief introduction to the first version of the IRPC Charter Resource Guide, which was developed
in coordination with the IRPC and Syracuse University students. It is intended to raise awareness, and to provide
access to relevant work on respective rights and principles in the wider community. For this reason, the Resource
Guide is an open-ended document that invites feedback in the form of suggestions for a range of nationally, and
regionally specific examples, and ideas for educational, and outreach uses. This paper is an abridged version of how
the Resource Guide links to the Charter of Human Rights and Principles for the Internet in the first instance. In the
second it indicates the directions in which the first version of the Resource Guide can take for providing case-study
material, access to inter-governmental, and national governmental initiatives that have been incorporating
fundamental rights and freedoms in decisions around internet-design, access, use, and content management. The
IRPC Charter has in this respect been a formative influence in a number of these initiatives.

The points below draw on the full draft of V.1 of the Educational Resource Guide (as developed by US-based
students). It maps the possibilities for V. 2 and therefore needs to be read alongside the Draft Guide. This is available
for comment and input on the IRPC Website at: http://internetrightsandprinciples.org/site/wpcontent/
uploads/2016/12/CharterResourceGuide.pdf

Background
In December of 2016, students of Prof. Lee McKnight at Syracuse University’s School of Information Studies at the
Maxwell School of Citizen and Public Affairs, and College of Law developed the first version of the educational
resource guide to the 2016 DC Main Session via remote participation in Guadalajara, Mexico.

This model of collaboration proved to be a very successful exercise for these students as they participated in the
creation of educational materials that develop and articulate the IRPC Charter for students and other communities.
This project was also useful in engaging university students in discussing the content of the IRPC Charter, and its Ten
Principles (http://internetrightsandprinciples.org/site/campaign/). The resource guide provides clarification of how
existing law and norms relate to articulations, and jurisprudence on Human Rights and Principles for the Internet. The
Resource Guide can also serve as a growing repository of external reference materials, including evidence based
studies, and legal cases that provide further documentation and engagement relevant to the 21 Articles of the IRPC
Charter.

The IRP Coalition invites input from other groups in order to provide more material from around the world. This year it
is presenting this project for substantive discussion during the DC Main Session about how human rights and
principles for internet-policymaking and related decisions in the private sector, public sector, and civil society at large,
can be articulated in culturally and legally relevant ways to a range of audiences.

We aim to gather feedback and ideas to further develop the resource guide for use in a range of educational and
awareness-raising contexts. Since the IRPC Charter, and its Ten Principles, was launched in 2010/2011 there has been
a number of national and regional initiatives to develop these 21 Clauses, as well as the Ten Principles, in more
specific terms.

Where to Start – Developing the Study Guide for Multiple Scenarios
The following section is an overview of 20 Articles in the full charter, with related principles as they are broken down
in the Educational Resource Guide at http://internetrightsandprinciples.org/site/wpcontent/
uploads/2016/12/CharterResourceGuide.pdf.

The Universal Declaration of Human Rights (UDHR), negotiated and affirmed by governments of the United Nations,
stand as a firm commitment to uphold and protect fundamental human rights, the dignity and worth of each person
and the equal rights of men and women. Information and Communication Technologies (ICTs) present tremendous
opportunities to enable individuals, communities and peoples to achieve their full potential in promoting their
sustainable development and improving their quality of life.

As a study guide-form, the resources noted below are intended to contextualize each of the Charter's articles by
providing illustrative and often crosscutting examples, case studies, and pressing dilemmas that suggest how ICTs and
digital media both support and undermine these rights. These can be deployed in various ways for education,
discussion, awareness raising and knowledge-exchange, and as sources of inspiration. The section below is an initial
map of the core content in each of the Charter's Articles with suggested examples for educational and outreach use.
Each article is based in existing, and emerging international law and norms that connect policy-making on internet
design, access, use, and content management.

Right to Access the Internet
Internet accessibility is dependent upon quality of service, freedom of choice of system and software use, ensuring
digital inclusion, and net neutrality/equality.

• A number of Internet shutdowns took place and which are mostly allegedly motivated by political reasons
(Uganda, Kenya, Togo, Cameroon, Catalonia). Another trend is shutting down the Internet during school
exams (Algeria, Iraq) e.g. #keepiton campaign documents all these incidents.

Right to Non-discrimination in Internet Access, Use & Governance
Apart from the technical components of Internet accessibility, there must be consideration of equality of access,
marginalized groups and gender equality.
• Case Study: "United States: Administration Wrong to Target Immigrants, Social Media" (Freedom House, 27
Sept, 2017). The US Department of Homeland Security published a new rule to include in people's
immigration file: "social media handles, aliases, associated identifiable information, and search results" as
part of people's immigration file." The new requirement takes effect Oct.
18.https://www.federalregister.gov/documents/2017/09/18/2017-19365/privacy…
• GenderIT.org work on gender/Feminist Principles for the internet
https://www.genderit.org/resources/going-visible-women-s-rights-internet
• The Click Rights project of the Hivos IGMENA project (https://www.igmena.org/click-rights).

Right to Liberty & Security on the Internet
As the growth of Internet technologies continue throughout all corners of the world, inclusivity must also mean access
to protection against all forms of crime and resources that will prevent the spread of viruses, malware or phishing.
• External Resource: OECD Recommendation on Digital Security Risk Management for Economic and Social
Prosperity http://www.oecd.org/publications/digital-security-risk-management-for-e…-
9789264245471-en.htm
• Notable Cases: US v. Lori Drew, 2009 U.S. Dist. L.E.X.I.S. 85780 (2009) and US v. Morris, 928 F.2d 504 (2d Cir.
1991).
• Case Study: "Your Tweet Can Be Used Against You" (Privacy International, 30 Aug, 2017).
• Case Study: "Reckless Exploit: Mexican Journalists, Lawyers, and a Child Targeted with NSO Spyware"
https://citizenlab.ca/2017/06/reckless-exploit-mexico-nso/
• Case Study: "This report describes 'Phish For The Future,' an advanced persistent spearphishing campaign
targeting digital civil liberties activists." https://www.eff.org/deeplinks/2017/09/phish-future

Right to Development Through the Internet
If the growth of Internet technologies is to be made inclusive and sustainable, ample opportunities must be made to
utilize these tools for poverty reduction and human development. Additionally, there must be consideration of the
disposal of e-waste in an environmentally safe manner.
• External Resource: The Internet and Poverty: Opening the Black Box
https://dirsi.net/web/files/files/Opening_the_Black_Box.pdf

The following links include some case studies on sustainability , which links to the SDG's UN agenda.
1. http://interactions.acm.org/archive/view/may-june-2017/sustainability-a….
2. https://www.article19.org/data/files/medialibrary/38832/Open-Developmen…-
SDGs-2017.pdf.
3. The world of the Digital Empowerment Foundation (DEF) in India – http://defindia.org/

Freedom of Expression & Information on the Internet
Inclusivity requires that all users (citizens, media) have the ability to use the Internet to participate in fair and safe
political processes that are free from censorship and hate speech.
• Notable Cases: Elonis v. US, 135 S. Ct. 2001, 575 U.S., 192 L. Ed. 2d 1 (2015) and Delfi AS v. Estonia (2015)
ECtHR 64669/09
• Case Study: "Facebook Enabled Advertisers to Reach ‘Jew Haters’"
https://www.propublica.org/article/facebook-enabled-advertisers-to-reac…

Freedom of Religion & Belief on the Internet
An inclusive and sustainable future of the Internet will provide a platform for all religions or belief systems.
• International Religious Freedom Report https://2009-
2017.state.gov/j/drl/rls/irf/religiousfreedom/index.htm#wrapper
• Online Religion as Lived Religion http://archiv.ub.uni-heidelberg.de/volltextserver/5823/

Freedom of Online Assembly & Association
An inclusive Internet in future will be one that empowers and encourages users to safely assemble and associate with
one another.
• Turkey Blocks Facebook, Twitter and Youtube Amid Military Coup http://fortune.com/2016/07/15/turkeyfacebook-
twitter-youtube-military-coup/

Right to Privacy on the Internet
Sustainable growth in Internet technologies must be founded on laws and policies that ensure privacy and develop
trust in online services.
• Report of the Special Rapporteur to the Human Rights Council on the use of encryption and anonymity to
exercise the rights to freedom of opinion and expression in the digital age.
• Necessary and Proportionate Principles Campaign: https://necessaryandproportionate.org/

Right to Digital Data Protection
Digital data protection resources must be made available to all Internet users, regardless of where or how they access
online services.
• Notable Cases: Maximillian Schrems v. Data Protection Commissioner and Spokeo, Inc. v. Robins, 136 S. Ct.
1540, 578 U.S., 194 L. Ed. 2d 635 (2016).

• Case Study: "Will the Equifax Data Breach Finally Spur the Courts (and Lawmakers) to Recognize Data
Harms?" https://www.eff.org/deeplinks/2017/09/will-equifax-data-breach-finally-…-
recognize-data-harms

Right to Education On & About the Internet
Digital literacy must be prioritized in order to ensure that all Internet users are learning vital 21st century skills and
understand the impact of the technologies that are so critical to modern life.
• Implementing the Right to Education- UNESCO
http://unesdoc.unesco.org/images/0024/002451/245196e.pdf
• Protecting the Right to Education for Refugees
UNESCO http://unesdoc.unesco.org/images/0025/002510/251076E.pdf

Right to Culture & Access to Knowledge on the Internet

The digital space must be a place that is representative of the diverse cultures that use it and access to knowledge
must be made possible for all (e.g. languages, disabilities, etc.).
• Discuss: does the Clamp down on the TLD of. CAT by the Spanish authorities prohibits the right to culture .
http://www.internetgovernance.org/2017/09/20/puntcat-under-fire-interne…

Rights of Children & the Internet
Children must be protected on the Internet, through enforcement of laws on exploitation and child abuse imagery, as
well as consideration of their interests and views.
• Children's Rights in a Digital Age -
UNICEF https://www.unicef.org/publications/files/Childrens_Rights_in_the_Digit…
_Children_Around_the_World_FINAL.pdf

Rights of People with Disabilities & the Internet
A physical or mental disability should not prevent any individual from accessing the Internet in its entirety.
• Internet Accessibility - Internet Access for Persons with Disabilities: Moving Forwards - Internet Society
https://www.internetsociety.org/resources/doc/2012/internet-accessibili…-
moving-forward/
• The Internet of Things: New Promises for Persons With Disabilities - www.G3ICT.org

Right to Work & the Internet
The digital economy must be one that is founded upon workers’ rights and accessibility by those of any socioeconomic
status.
• The sharing economy creates a Dickensian world for workers – it masks a dark problem in the labour market
http://www.independent.co.uk/voices/sharing-economy-gig-economy-uber-ai….
html. See also
o Digital Labor: The Internet as Playground and Factory (Scholz, T., 2012).
o The Participatory Condition in the Digital Age (2016).
http://www.jstor.org/stable/10.5749/j.ctt1ggjkfg
o Uberworked and Underpaid: How Workers Are Disrupting the Digital Economy (Scholz, T. 2016).
o Debating the Sharing Economy by Juliet Schor http://www.msaudcolumbia.org/summer/wpcontent/
uploads/2016/05/Schor_Debating_the_Sharing_Economy.pdf

Right to Online Participation in Public Affairs
Governments around the world must utilize Internet technologies to maximize the value of services for their citizens.
• eParticipation https://ec.europa.eu/digital-single-market/en/eparticipation
• UN E-Government Survey 2016 https://publicadministration.un.org/egovkb/en-us/reports/un-e-governmen…-
2016

Rights to Consumer Protection on the Internet
Digital goods and services must be held to the same consumer protection standards as those in the physical world.
• United Nations Guidelines for Consumer Protection (2016)
http://unctad.org/en/PublicationsLibrary/ditccplpmisc2016d1_en.pdf

Rights to Health and Social Services on the Internet
Health and social services information must be made accessible to all users so that an adequate standard of living can
be achieved.
• Global diffusion of eHealth: Making universal health coverage achievable (2016)
http://www.who.int/goe/publications/global_diffusion/en/

Right to Legal Remedy & Fair Trial for Actions Involving the Internet
As individuals begin to carry out more of their lives in the digital space, they must be given access to legal remedy, fair
trial and due process for actions carried out in the digital space.
• Notable Case: Google Spain, Google Inc., v Agencia Española de Protección de Datos (AEPD), Mario Costeja
González Judgment, Case C 131/12, 13 May 2014
• Internet: case law of the European Court of Human Rights
(2015) http://echr.coe.int/Documents/Research_report_internet_ENG.pdf
• Max Schrems vs. Facebook ruling:
http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc3…
e9c33f30.e34KaxiLc3qMb40Rch0SaxuSah50?text=&docid=169195&pageIndex=0&doclang=EN&mode=req&d
ir=&occ=first&part=1&cid=1416148

Right to Appropriate Social & International Order for the Internet
All entities and individuals with influence over the governance of the Internet must always prioritize human rights,
multilingualism, pluralism and effective participation.
• UN Human Rights Council Declarations on human rights and the internet
https://www.ejiltalk.org/un-human-rights-council-confirms-that-human-ri…-
5207
• Internet Legislation Atlas (Hivos IGMENA Project) at https://www.internetlegislationatlas.org/#/countries

Duties and Responsibilities on the Internet
All Internet users must respect their fellow digital citizens and those in power must ensure that these principles are
carried out and enforced.

Some recent examples of various stakeholder initiatives, as human rights-based internet legislation, campaigns or best
practices:
• (Brazil) Marco Civil: http://culturadigital.br/marcocivil/ and
https://thecdd.wordpress.com/2014/03/28/marco-civil-da-internet-unoffic…

• Netmundial Multistakeholder Statement: http://www.netmundial.br/netmundial-multistakeholderstatement/

• African Declaration on Internet Rights and Freedoms: http://africaninternetrights.org/draft/

• (New Zealand) Internet Rights and Freedoms Bill: https://home.greens.org.nz/misc-documents/internetrights-
and-freedoms-bill

• Council of Europe Guide to Human Rights for Internet Users:
https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=0900001680…

Counter-examples where debates ongoing
• (UK) Investigatory Powers Act (also known as the Snoopers' Charter):
http://www.parliament.uk/business/committees/committees-a-z/joint-selec…
publications/?type=Written#pnlPublicationFilter

Summing Up
As the examples above show, there have been a number of significant developments at the international, regional,
and national/local levels of policy-making that take human rights and principles as a baseline for future decisions. The
IRPC Charter has provided, in that respect, a framework for the extension and deepening of knowledge sharing, as
well as continuing to be an authoritative framework from which judiciaries, lawmakers, and civil society organizations
can assess and consider informed decisions. A key objective at the start of the Charter project at the 2009 IGF meeting
was to "drill down" more deeply into the 21 Articles, and in so doing provide milestones, points for debate and
consideration, and sources of inspiration and critique as well for future generations. This Resource Guide aims to fulfil
that objective.