Toward an International Law of the Internet, Molly Land, New York Law School, November 19, 2012, Harvard International Law Journal, Vol. 54, 2013 (Forthcoming) via SSRN.
“This Article presents the first and only analysis of Article 19 of the International Covenant on Civil and Political Rights as it applies to new technologies and uses this analysis to develop the foundation for an international law of the Internet. Although Article 19 does not guarantee a right to the Internet per se, it explicitly protects the technologies of connection and access to information, and it limits states ability to burden content originating abroad. The principles derived from Article 19 provide an important normative reorientation on individual rights for both domestic and international Internet governance debates. Article 19s guarantee of a right to the technologies of connection also fills a critical gap in human rights law. Protecting technology allows advocates to intervene in discussions about technological design that affect, but do not themselves violate, international human rights law. Failure to attend to these choices to weigh in, ahead of time, on the human rights implications of software code, architecture design, and technological standards can have significant consequences for human rights that may not be easily undone after the fact.”
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