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ity digital freedoms access knowledge house would subsidise translation If it is true that people cannot easily get jobs in the developed world for lack of language skills then there will surely still be a pressure to learn the language or languages of international discourse. What this policy offers is access by a much wider audience to the various benefits that expanded academic knowledge can offer. It will expand the developing world's knowledge base and not in any way diminish the desire to learn English and other dominant languages. It should be remembered that it is not just academics that use academic papers; students do as well, as do professionals in everyday life. Clearly there cannot be an expectation that everyone learns English to be able to access research. While there may be fewer languages in academic use there is not such a narrowing of language for everyone else.
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ity digital freedoms access knowledge house would subsidise translation In the status quo there is already some translation, due largely to current demands and academic relationships. Even if translation of all academic work the world over could not be translated into every conceivable language, expanding the number of articles and number of languages is certainly a good thing. While cost will limit the extent of the policy, it is still worth pursuing to further open the world of academic discourse.
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ity digital freedoms access knowledge house would subsidise translation Wealthy states do feel an obligation to less fortunate countries, as is demonstrated through their frequent use of aid and loans to poorer governments. This is a way to help countries stop being dependent on aid and hand-outs and instead develop their own human capital and livelihood by being able to engage with the cutting edge of technology and research.
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ity digital freedoms access knowledge house would subsidise translation While the world is globalizing, it is still in the interest of states to retain their relative competitive advantages. After all, the first duty of a state is to its own citizens. By translating these works and offering them to academics, students, and professionals, the developed world serves to erode one of its only advantages over the cheaper labour and industrial production markets of the developing world. The developed world relies on its advantage in technology particularly to maintain its position in the world and to have a competitive edge. Giving that edge up, which giving access to their information more readily does, is to increase the pace at which the developed world will be outmatched.
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ity digital freedoms access knowledge house would subsidise translation This translation effort does not pave the future with gold. Intellectual property law still persists and these countries would still be forced to deal with the technologies' originators in the developed world. By instead striving to engage on an even footing without special provisions and charity of translation, developing countries' academics can more effectively win the respect and cooperation of their developed world counterparts. In so doing they gain greater access to, and participation in, the developments of the more technologically advanced countries. They should strive to do so as equals, not supplicants.
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ity digital freedoms access knowledge house would subsidise translation Translating academic work for the developed world will not succeed in creating a dialogue between developed and developing world because the effort is inherently unidirectional. The developing world academics will be able to use the translated work, but will lack the ability to respond in a way that could be readily understood or accepted by their developed world counterparts. The only way to become a truly respected academic community is to engage with the global academic world on an even footing, even if that means devoting more resources to learning the dominant global academic languages, particularly English. This is what is currently happening and is what should be the trend for the future. [1] So long as they rely on subsidized work, the academics of the developing world remain subject and subordinate to those of the developed world.
[1] Meneghini, Rogerio, and Packer, Abel L., ‘Is there science beyond English? Initiatives to increase the quality and visibility of non-English publications might help to break down language barriers in scientific communication’, EMBO Report, February 2007, Vol.8 No.2, pp.112-116, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1796769/
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ity digital freedoms access knowledge house would subsidise translation The West has no particular obligation to undergo such a sweeping policy
Governments and academic institutions have no special duty to give full access to all information that they generate and publish in academic journals to anyone who might want it. If they want to make their research public that is their prerogative, but it does not follow that they should then be expected to translate that work into an endless stream of different languages. If there is a desire by governments and institutions to aid in the academic development of the developing world, there are other ways to go about it than indiscriminately publishing their results and research into developing world languages. Taking on promising students through scholarships, or developing strategic partnerships with institutions in the global south are more targeted, less piecemeal means of sharing the body of global knowledge for example the National Institute of Environmental Health Sciences funds junior scientists from the developing world working in their labs. [1] States owe their first duty to their own citizens, and when the research they produce is not only made available to citizens of other countries but translated at some expense, they are not serving that duty well. It will prove to be a fairly ineffective education policy.
[1] ‘Building Research Capacity in Developing Nations’, Environmental Health Perspectives, Vol 114, No. 10, October 2006, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1626416/
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ity digital freedoms access knowledge house would subsidise translation It is prohibitively expensive to translate everything and difficult to prioritize what to translate
Ultimately any policy of translation of academic work must rely on a degree of prioritization on the part of the translators since there is no way that all academic work of any kind could be translated into other major languages, let alone into all the multitude of languages extant in the world today. In 2009, for example, the number of published research papers on science and technology exceeded 700,000. [1] That is a gigantic amount of research. Translating all of these articles seems to be an obvious waste of time and resources for any government or institution to pursue and increasingly so when one considers the more than 30,000 languages in current use today. Translations today currently exist for articles and research that is considered useful. Any blanket policy is infeasible. The end result will be only a small number of articles translated into a finite number of languages. This is the status quo. Expanding it only serves to further confuse the academic community and to divert useful energies away from positive research to the quixotic task of translation.
[1] ‘Science and Engineering Indicators, 2012’. National Science Foundation. 2012, http://www.nsf.gov/statistics/seind12/c5/c5h.htm
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ity digital freedoms access knowledge house would subsidise translation Translation gives access to students to learn valuable information and develop their human capital and to become academically and economically competitive
The ability to access the wealth of knowledge being generated in the developed world would greatly impact the ability of students and budding academics in the developing world to develop their human capital and keep abreast of the most recent developments in the various fields of academic research. Lag is a serious problem in an academic world where the knowledge base is constantly developing and expanding. In many of the sciences, particularly those focused on high technology, information rapidly becomes obsolete as new developments supplant the old. The lag that occurs because developing countries' academics and professionals cannot readily access this new information results in their always being behind the curve. [1] Coupled with the fact that they possess fewer resources than their developed world counterparts, developing world institutions are locked in a constant game of catch-up they have found difficult, if not impossible, to break free of. By subsidizing this translation effort, students in these countries are able to learn with the most up-to-date information, academics are able to work with and build upon the most relevant areas of research, and professionals can keep with the curve of knowledge to remain competitive in an ever more global marketplace. An example of what can happen to a country cut off from the global stream of knowledge can be found in the Soviet Union. For decades Soviet academics were cut off from the rest of the world, and the result was a significant stunting of their academic development. [2] This translation would be a major boon for all the academic and professional bodies in developing countries.
[1] Hide, W., ‘I Can No Longer Work for a System that Puts Profit Over Access to Research’, The Guardian. 2012. http://www.guardian.co.uk/science/blog/2012/may/16/system-profit-access-research
[2] Shuster, S. “Putin’s PhD: Can a Plagiarism Probe Upend Russian Politics?”. Time. 28 February 2013, http://world.time.com/2013/02/28/putins-phd-can-a-plagiarism-probe-upend-russian-politics/
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ity digital freedoms access knowledge house would subsidise translation Translation expands the knowledge base of citizens to help solve local problems
It is often the case that science and technology produced in the developed world finds its greatest application in the developing world. Sometimes new developments are meant for such use, as was the case with Norman Borlaug's engineering of dwarf wheat in order to end the Indian food crisis. Other times it is serendipitous, as academic work not meant of practical use, or tools that could not be best applied in developed world economies find ready application elsewhere, as citizens of the developing world turn the technologies to their needs. [1] By translating academic journals into the languages of developing countries, academics and governments can open a gold mine of ideas and innovation. The developing world still mostly lacks the infrastructure for large scale research and relies heavily on research produced in the developed world for its sustenance. Having access to the body of academic literature makes these countries less dependent on the academic mainstream, or to the few who can translate the work themselves. Having access to this research allows developing countries to study work done in the developed world and look at how the advances may be applicable to them. The more people are able to engage in this study the more likely it is that other uses for the research will be found.
[1] Global Health Innovation Blog. ‘The East Meets West Foundation: Expanding Organizational Capacity”. Stanford Graduate School of Business. 18 October 2012, http://stanfordglobalhealth.com/2012/10/18/the-east-meets-west-foundation-expanding-organizational-capacity/
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ity digital freedoms access knowledge house would subsidise translation Translation allows greater participation by academics in global academia and global marketplace of ideas
Communication in academia is necessary to effectively engage with the work of their colleagues elsewhere in the world, and in sciences in particular there has become a lingua franca in English. [1] Any academic without the language is at a severe disadvantage. Institutions and governments of the Global North have the resources and wherewithal to translate any research that might strike their fancy. The same is not true for states and universities in the Global South which have far more limited financial and human capital resources. By subsidizing the translation of academic literature into the languages of developing countries the developed world can expand the reach and impact of its institutions' research. Enabling access to all the best academic research in multiple languages will mean greater cross-pollination of ideas and knowledge. Newton is supposed to have said we “stand upon the shoulders of giants” as all ideas are ultimately built upon a foundation of past work. [2] Language is often a barrier to understanding so translation helps to broaden the shoulders upon which academics stand.
By subsidizing the publication of their work into other significant languages, institutions can have a powerful impact on improving their own reputation and academic impact. Academic rankings such as the rankings by Shanghai Jiao Tong University, [3] and the Times Higher Education magazine [4] include research and paper citations as part of the criteria. Just as importantly it opens the door to an improved free flowing dialogue between academics around the world. This is particularly important today as the developing world becomes a centre of economic and scientific development. [5] This translation project will serve to aid in the development of relations between research institutes, such as in the case of American institutions developing partnerships with Chinese and Indian universities.
[1] Meneghini, Rogerio, and Packer, Abel L., ‘Is there science beyond English? Initiatives to increase the quality and visibility of non-English publications might help to break down language barriers in scientific communication’, EMBO Report, February 2007, Vol.8 No.2, pp.112-116, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1796769/
[2] Yong, Ed, ‘Why humans stand on giant shoulders, but chimps and monkeys don’t’, Discover, 1 March 2012, http://blogs.discovermagazine.com/notrocketscience/2012/03/01/why-humans-stand-on-giant-shoulders-but-chimps-and-monkeys-dont/#.UaYm_7XVB8E
[3] ‘Ranking Methodology’, Academic Ranking of World Universities, 2012, http://www.shanghairanking.com/ARWU-Methodology-2012.html
[4] Baty, Phil, ‘World University Rankings subject tables: Robust, transparent and sophisticated’, Times Higher Education, 16 September 2010, http://www.timeshighereducation.co.uk/world-university-rankings/2010-11/world-ranking/analysis/methodology
[5] ‘Science and Engineering Indicators, 2012’. National Science Foundation. 2012, http://www.nsf.gov/statistics/seind12/c5/c5h.htm
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government terrorism digital freedoms access information should Being able to witness atrocities from the field in real time does not change the international community’s capacity or political willingness to intervene in such situations. If anything, it has had the unfortunate side effect of desensitizing international public opinion to the horrors of war and conflicts, like the one in Syria where there have been thousands of videos showing the actions of the Syrian government but this has not resulted in action from the international community. [1] The onslaught of gruesome, graphic imagery has made people more used to witnessing such scenes from afar and less likely to be outraged and to ask their governments to intervene.
[1] Harding, Luke, 2012. “Syria’s video activists give revolution the upper hand in media war”. Guardian.co.uk, 1 August 2012.
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government terrorism digital freedoms access information should Freedom of expression, assembly, and information are important rights, but restrictions can be placed on all of them if a greater good, like public safety, is at stake. For example, one cannot use her freedom of expression to incite violence towards others and many countries regard hate speech as a crime. [1] Therefore, if the internet is being used for such abuses of ones rights, the disruption of service, even to a large number of people, can be entirely warranted.
[1] Waldron, Jeremy, The Harm in Hate Speech, Harvard University Press, 8 June 2012, p.8.
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government terrorism digital freedoms access information should Democratic change can come about in a variety of ways. Violent public protests are only one such way, and probably the least desirable one. And now, with access to social media nearly universally available, such protests can be organized faster, on a larger, more dangerous scale than ever before. It encourages opposition movements and leaders in such countries to turn away from incremental, but peaceful changes through political negotiations, and to appeal to mass protests instead, thus endangering the life or their supporters and that of the general public. Governments that respond to violence by cutting off access are not responding with repression but simply trying to reduce the violence. Cutting internet access is a peaceful means of preventing organized violence that potentially saves lives by preventing confrontation between violent groups and riot police.
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ceef1f7e5b30d1ba0b21509db0e696da
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government terrorism digital freedoms access information should Historical precedent does not apply to the internet. It is very different to media reporting during times of unrest; the internet is not just a means of disseminating information but also for many people their main form of communication; the U.S. government has never tried to ban people from using telephones. There are severe downsides to the censorship of information during times of war or civil unrest, the most notable one being that it is used to hide the real cost and consequences of war from the population which is expected to support it. Conversely, in a world where every mobile phone is now connected to a global network, people all around the world can have access to an unparalleled amount of information from the field. Curtailing such internet access is to their detriment.
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5f1aef8d29eafd3f70f7c92067f6339b
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government terrorism digital freedoms access information should Other means can be employed to ensure the safety of the population without disrupting access to the internet, like deploying security forces to make sure protests don’t get out of hand or turn violent. In fact, being able to monitor online activity through social media like Facebook and Twitter might actually aid, rather than hinder law enforcement in ensuring the safety of the public. London’s police force, the Metropolitan Police, in the wake of the riots has are using software to monitor social media to predict where social disorder may take place. [1]
[1] Adams, Lucy, 2012. “Police develop technology to monitor social neworks”. Heraldscotland, 6 August 2012.
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government terrorism digital freedoms access information should In July 2012, The United Nations Human Rights Council endorsed a resolution upholding the principle of freedom of expression and information on the internet. In a special report, it also “called upon all states to ensure that Internet access is maintained at all times, including during times of political unrest” [1] . While access to the internet has not yet had time to establish itself legally as a human right, there are compelling reasons to change its legal status, and the UN is leading the charge. Even before internet access is recognized as a human right the idea that national security should take precedence over ‘lesser rights’ is wrong; states should not survive at the expense of the rights of their citizens. States exist to protect their citizens not harm them.
[1] Kravets, David, 2011. “UN Report Declares Internet Access a Human Right”. Wired.com, 6 November 2011.
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government terrorism digital freedoms access information should Disrupting internet service is a form of repression.
The organization of public protests is an invaluable right for citizens living under the rule of oppressive regimes. Like in the case of the Arab Spring, internet access gives them the tools to mobilize, make their message heard, and demand greater freedoms. In such cases, under the guise of concern for public safety, these governments disrupt internet service in an attempt to stamp out legitimate democratic protests and stamp out the dissatisfied voices of their citizens [1] They are concerned not for the safety of the public, but to preserve their own grasp on power. A good example of this are the actions of the government of Myanmar when in 2007 in response to large scale protests the government cut internet access to the whole country in order to prevent reports of the government’s crackdown getting out. [2] Establishing internet access as a fundamental right at international level would make it clear to such governments that they cannot simply cut access as a tactic to prevent legitimate protests against them.
[1] The Telegraph. “Egypt. Internet Service Disrupted Before Large Rally”. 28 January 2011.
[2] Tran, Mark, 2007. “Internet access cut off in Burma”. Guardian.co.uk, 28 September 2007.
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government terrorism digital freedoms access information should The right to internet access as a fundamental right.
Internet access is a “facilitative right”, in that it facilitates access to the exercise of many other rights: like freedom of expression, information, and assembly. It is a “gateway right”. Possessing a right is only as valuable as your capacity to exercise it. A government cannot claim to protect freedom of speech or expression, and freedom of information, if it is taking away from its citizens the tools to access them. And that is exactly what the disruption of internet service does. Internet access needs to be a protected right so that all other rights which flow from it. [1]
The Internet is a tool of communication so it is important not just to individuals but also to communities. The internet becomes an outlet that can help to preserve groups’ culture or language [2] and so as an enabler of this groups’ culture access to the internet may also be seen as a group right – one which would be being infringed when the state cuts off access to large numbers of individuals.
[1] BBC, 2010. “Internet Access is ‘a Fundamental Right’".
[2] Jones, Peter, 2008. "Group Rights", The Stanford Encyclopedia of Philosophy (Winter 2008 Edition), Edward N. Zalta (ed.).
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government terrorism digital freedoms access information should Historical precedent.
Historically, governments have always controlled the access to information and placed restriction on media during times of war. This is an entirely reasonable policy and is done for a number of reasons: to sustain morale and prevent predominantly negative stories from the battlefield reaching the general public, and to intercept propaganda from the enemy, which might endanger the war effort [1] . For example, both Bush administrations imposed media blackouts during wartime over the return of the bodies of dead American soldiers at Dover airport [2] . The internet is simply a new medium of transmitting information, and the same principles can be applied to its regulation, especially when the threat to national security is imminent, like in the case of disseminating information for the organization of a violent protest.
[1] Payne, Kenneth. 2005. “The Media as an Instrument of War”. Parameters, Spring 2005, pp. 81-93.
[2] BBC, 2009. “US War Dead Media Blackout Lifted”.
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8a89fc13e9fd39fe304ec49b0a276003
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government terrorism digital freedoms access information should The internet as a threat to public safety.
The internet can be used as a tool to create an imminent threat to the public. If public officials had information that a massive protest is being organized, which could spiral into violence and endanger the safety of the public, it would be irresponsible for the government not to try to prevent such a protest. Governments are entrusted with protecting public safety and security, and not preventing such a treat would constitute a failure in the performance of their duties [1] . An example of this happening was the use first of Facebook and twitter and then of Blackberry messenger to organise and share information on the riots in London in the summer of 2011. [2]
[1] Wyatt, Edward, 2012. “FCC Asks for Guidance on Whether, and When to Cut Off Cellphone Service.” New York Times, 2 March 2012.
[2] Halliday, Josh, 2011. “London riots: how BlackBerry Messenger played a key role”. Guardian.co.uk, 8 August 2011.
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d94f0651ec750205a84309e1ff377d1b
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government terrorism digital freedoms access information should National security takes precedence.
Internet access is not a fundamental right as recognized by any major human rights convention, if it can be called a right at all. [1] Even if we accept that people should have a right to internet access, in times of war or civil unrest the government should be able to abridge lesser rights for the sake of something that is critical to the survival of the state, like national security. After all, in a war zone few rights survive or can be upheld at all. Preventing such an outcome at the expense of the temporary curtailment of some lesser rights is entirely justified. Under current law, in most states, only the most fundamental of rights, like the right to life, prohibition against torture, slavery, and the right to a fair trial are regarded as inalienable [2] .
[1] For more see the debatabase debate on internet access as a human right.
[2] Article 15 of the European Convention on Human rights: “In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.” http://www.hri.org/docs/ECHR50.html
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governmental transparency house would post full financial history all Privacy is a right but it is not sacrosanct, and certainly should not be for people who serve the public. Freedom of speech is considered sacred in a free society, but anyone reasonable would agree that shouting “Fire!” in a crowded theatre is not given such protection, showing that even the most treasured rights are curtailed in the public interest. Both the special position of politicians as the effective embodiment of the people’s will, and the special power they wield, which is far vaster than that of any private agent, demands a higher level of scrutiny into their backgrounds, which means looking into their financial records, which can divulge much about their competence and character.
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governmental transparency house would post full financial history all While elections should of course focus a great deal of attention on policy, it is also critical that voters understand who exactly it is they are voting for. That means looking beyond the manifesto and getting an understanding of the candidate’s character and private dealings. Having access to their private financial records can go a long way toward revealing this information, as they provide valuable insight into both the candidate’s financial abilities, and his or her attitude toward the state.
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governmental transparency house would post full financial history all Firstly, personal wealth may not be indicative of political belief. Wealthy people can be advocates for higher taxes and workers’ rights. Secondly, maybe creating class awareness is not such a bad thing. The revelation of candidates’ personal finances will help show average voters what their leaders are actually like, that they have acquired great wealth and seek to protect it. Consciousness about these things can only help to galvanize political participation and to stoke real discourse about things like the proper distribution of wealth, issues that often fall foul of the political mainstream of party politics.
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governmental transparency house would post full financial history all Tax avoidance is not illegal, and it should not be treated as if it were by the prying media and would-be class-warriors. Even if one might think it unpleasant to look for loopholes to protect private wealth, it is really only natural for people to wish to pay no more than they have to in tax. Mitt Romney was simply using the skills that allowed him to be a great business success to keep his costs as low as possible. Trying to make a political issue out of these sorts of dealings only serves to obscure from the real policy issues, and to focus the debate on divisive and unhelpful issues of class war.
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governmental transparency house would post full financial history all Personal finances mean little when it comes to financial policy. Trying to glean any sort of financial acumen on the macro scale from private dealings is extremely misguided. Successful business leaders often make poor political leaders, as the world of business is very different from the horse-trading of politics. [1] In terms of leading others as one leads one’s own life, there is no reason to assume that a candidate who has used the system to his or her advantage would use the additional power of office to enrich themselves or their friends further. Mitt Romney was an effective governor of Massachusetts, and was willing to increase taxes that were personally costly to him.
[1] Jenkins, H. “Good Businessman, Bad President?”. Wall Street Journal. 23 October 2012, http://online.wsj.com/article/SB10001424052970203406404578074620655476826.html
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governmental transparency house would post full financial history all So long as politicians do their duty by representing the interests of those that elected them, they are fulfilling their end of the covenant with the people. To demand the financial records of candidates will not offer more than crude snapshot of one aspect of their lives, not giving the desired insight into their character, while massively intruding on the politician’s personal life. As is often the case here the right to know conflicts with the candidates right to privacy. Of course it is right to know if a candidate pays his taxes, but do they need to know every expense he has incurred over the last few years or how much a candidate earned years ago?
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governmental transparency house would post full financial history all Fixating on candidates’ financial records fuels the fire of class war
More and more the financial dealings of candidates are used against them in politics. In past decades, politicians in many countries were proud to run on the basis of their successes in the private sector. Today, however, that success has often become a liability. One only need look at the paradigmatic example of this occurrence, Mitt Romney. When running for governor in Massachusetts, his strong record in business was touted as a quality favoring him. Yet in the presidential election, Romney’s wealth was touted as an example of capitalist excess, of often ill-gotten gains. [1] The change in rhetoric has indicated marked shift in politics in a number of countries, most visibly the United States, but also places like France, where the development of wealth and success are deemed to be the marks of greed and unfairness. These trends would only be compounded with the release of candidates’ financial records. People with records of wealth and financial ability will be further demonized as being anti-poor. These sorts of political tactics obscure from the realities of politics and seeks to separate people along class, rather than political ideological, lines. Such divisions are exceptionally dangerous to the functioning of a democratic society, which demands buy-in and willing participation from all classes and groups in order to function.
[1] Erb, K. “Why Romney’s ‘Tax Avoidance’ Strategies Don’t Deserve Criticism”. Forbes. 30 October 2012. http://www.forbes.com/sites/kellyphillipserb/2012/10/30/why-romneys-tax-avoidance-strategies-dont-deserve-criticism/
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b64292a92bc691d17d8797e56f9ad6ca
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governmental transparency house would post full financial history all The focus of elections should be on policy, not personal issues like financial records
Discussion of candidates’ personal finances serves only to obscure the real issues facing society. When the focus becomes on how much tax Candidate X paid and what loopholes he or she exploited, the media tends to latch onto it. It sells more newspapers and gets more hits online to make a salacious story about the financial “misdeeds” of a candidate than to actually discuss what he or she stands for. It fuels the growing tendency of the media to attach itself to petty commentary rather than real investigation and analysis. Ultimately, an examination of the personal finances of a candidate tells voters little about what he or she stands for on the issue of state finances. Throughout history, personal financial success has been shown to not necessarily correlate with political acumen. For example, William Pitt became the young, and one of the longest-serving Prime Ministers of the United Kingdom, yet he was in extreme debt when he died. [1] Narrow attention paid to personal finances takes up people’s limited time available to consume useful information to direct their voting, and the news media have limited air time to discuss issues. It is best that both use their time to maximum effect, and not be sidetracked by distractions.
[1] Reilly, Robin (1978). Pitt the Younger 1759–1806. Cassell Publishers.
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581fab83cf06a54ba2cea6f6b4ae29ee
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governmental transparency house would post full financial history all Financial dealings can indicate candidates’ willingness to circumvent the system/play by the rules
A lot of politicians come from positions of prestige and power before seeking public office. Many politicians have wealth in their own right, or a base of wealthy supporters. Understanding where that wealth came from and how they used their privileged position is very important to citizens when choosing their leaders. Access to candidates’ financial information allows good candidates to show their honesty and financial uprightness, and sometimes even to display their talent and acumen that allowed them to succeed. More importantly, it allows people to scrutinize the dealings of politicians who used their often privileged position to avoid paying high taxes and to shield their wealth from the public taking its legal due. What these insights provide is a valuable snapshot of what candidates are willing to do to promote their own interests versus those of the state and society. It shows if there is a propensity to engage in morally dubious practices, and such behavior could well be extrapolated to be a potential incentive to corrupt practice. While tax avoidance is not illegal, it can well be considered unjust when rigorously applied, especially considered that the special knowledge necessary to profit from it belongs only to those of wealth and privilege. The value of this knowledge was made particularly clear in the case of Mitt Romney’s presidential bid. When Romney released his tax returns it became painfully clear that he was using the system to his advantage, at the expense of the taxpayer. [1] Citizens deserve to know to what lengths, if any, those who wish to represent them are willing to game the system they would be elected to lead.
[1] Drucker, J. “Romney Avoids Taxes Via Loophole Cutting Mormon Donations”. Bloomberg. 29 October 2012, http://www.bloomberg.com/news/2012-10-29/romney-avoids-taxes-via-loophole-cutting-mormon-donations.html
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governmental transparency house would post full financial history all This information offers valuable texture to the financial proposals candidates offer as potential policy
When candidates make proposals for public spending they often seek to use their own financial stories as evidence of their credibility. Without public knowledge of their actual financial record, besides what can be gleaned from secondary sources and their words, these claims cannot be evaluated fully by the voting public. Publishing their financial records allows the citizens to get a genuine grasp of their –would-be representatives abilities. More importantly, the proposals of candidates can be scrutinized in relation to how the candidate, and those of the same financial stratum as the candidate, would benefit from them. When Mitt Romney proposed new tax and spending reforms in the last US presidential election, it was clear that his policies inordinately favored the rich and increased the tax burden of the middle class. [1] Understanding Romney’s personal position of great wealth served confirm to the public their suspicions that his policies were designed to favor the financial elite of which he was a part. It is in the public’s interest to elect representatives who serve their interests, not those of moneyed elites.
[1] Dwyer, P. “Surprise! Romney Tax Plan Favors the Rich”. Bloomberg. 1 August 2012. http://www.bloomberg.com/news/2012-08-01/surprise-romney-tax-plan-favors-the-rich.html
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d8bb4edf897a615ae307b9e1bb609976
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governmental transparency house would post full financial history all Voters have a right to know the background of their would-be representatives, including financial background
In any society, no matter how liberal, rights of every kind have limitations. Rights are general statements of principles that are then caveated and curtailed to fit the public interest across a range of circumstances. When an individual seeks elevation to public office, he or she must accept that the role they are applying for requires extra transparency. As the representative of the people, the politician is more than just the holder of a job appointed by the people, but is the elected servant, whose duty is to lead, including by example. It is a strange relationship, and it is one that demands the utmost confidence in the holder. This political power will often involve power over the public purse so it is essential for the public to know if the candidate is financially honest and not going to use his election for corrupt purposes. [1] Thus, when citizens place their political power in the hands of an elected representative, they gain the reciprocal right over that representative to have his or her life and character laid bare for their approval. This is done generally through political campaigns that focus on candidates’ character and life story. But often candidates prove reticent to share some details, particularly financial details. But if citizens are to make a good decision about what sort of person they wish to lead them, they require information about the financial background of their representatives, to see that they comport themselves in business in a way that is fitting to the character of a leader.
[1] Rossi, I., and Blackburn, T., “Why do financial disclosure systems matter for corruption?” blogs.worldbank.org, 8 November 2012, http://blogs.worldbank.org/psd/why-do-financial-disclosure-systems-matter-for-corruption
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governmental transparency house would post full financial history all Individuals have a right to privacy, including to their own financial records
Privacy is a fundamental human right, one that should be defended for all citizens, including those who govern us. [1] What people do with their own finances is their own business. People generally speaking have a basic respect for privacy. Politicians don’t owe the electorate any special privileges like their financial history. A politician is effectively an employee of his constituents and the citizens of the polity. His or her duty is not so special as to demand the handing over of all information on one of the most critical aspects of their private life. Financial affairs like income and taxes are a private matter, and should be treated as such by voters and governments. This is even more the case when it comes to financial history, much of which may have happened long before the individual decided to become a politician. Making politicians’ financial affairs fair game for reporters and others who would exploit the information only serves to undermine the rights that all citizens rightly enjoy.
[1] Privacy International. 2010. “Privacy as a Political Right”. Index on Censorship 39(1): 58-68. https://www.privacyinternational.org/reports/privacy-as-a-political-right
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economic policy law crime policing digital freedoms freedom expression Criminals will always try to exploit any system, but if governments allow legal online gambling they can regulate it. It is in the interest of gambling companies to build trustworthy brands and cooperate with the authorities on stopping any crime. Cheats in several sports have been caught because legal websites reported strange betting patterns. Betfair for example provides the authorities with an early warning system ‘BetMon’ to watch betting patterns.
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economic policy law crime policing digital freedoms freedom expression There is no evidence that gambling prevents people from caring for their family. The vast majority who gamble do so responsibly. It isn’t right to ban something that millions of people enjoy just because a few cause problems. And banning gambling, whether online or in the real world will not stop these problems. Sadly, even if it is illegal, people with problems will still find a way to hurt those around them – just look at drugs.
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economic policy law crime policing digital freedoms freedom expression Unlike drugs, gambling is not physically or metabolically addictive. Most gamblers are not addicts, simply ordinary people who enjoy the excitement of a bet on a sporting event or card game. The large majority of people who gamble online keep to clear limits and stop when they reach them. The few people with a problem with being addicted will still find ways to gamble if gambling is illegal either through a casino, or else still online but in a black market that offers no help and that may use criminal violence to enforce payment.
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economic policy law crime policing digital freedoms freedom expression Every leisure industry attracts a few troubled individuals who take the activity to harmful extremes. For every thousand drinkers there are a few alcoholics. Similarly some sports fans are hooligans. Those who gamble enough to harm themselves would be those who would gamble in casinos if the internet option was not available.
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economic policy law crime policing digital freedoms freedom expression People are not free to do whatever they want whenever they want. When their activities harm society it is the government’s role to step in to prevent that harm. Online gambling simply provides the freedom for more people to get into debt, not a freedom that should be encouraged.
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economic policy law crime policing digital freedoms freedom expression Gambling is quite different from buying stocks and shares. With the stock market investors are buying a stake in an actual company. This share may rise or fall in value, but so can a house or artwork. In each case there is a real asset that is likely to hold its value in the long term, which isn’t the case with gambling. Company shares and bonds can even produce a regular income through dividend and interest payments. It is true that some forms of financial speculation are more like gambling – for example the derivatives market or short-selling, where the investor does not actually own the asset being traded. But these are not types of investment that ordinary people have much to do with. They are also the kinds of financial activity most to blame for the financial crisis, which suggests we need more government control, not less.
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economic policy law crime policing digital freedoms freedom expression It is only in the interests of big gambling sites that aim to create a long term business to go along with tough regulation. Online gambling sites can get around government regulations that limit the dangers of betting. Because they can be legally sited anywhere in the world, they can pick countries with no rules to protect customers. In the real world governments can ban bets being taken from children and drunks. They can make sure that the odds are not changed to suit the House. And they can check that people running betting operations don’t have criminal records. In online gambling on the other hand 50% of players believe that internet casino’s cheat [14].
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economic policy law crime policing digital freedoms freedom expression Governments have the power to ban online gambling in their own country. Even if citizens could use foreign websites, most will not choose to break the law. When the United States introduced its Unlawful Internet Gambling Enforcement Act in 2006 gambling among those of college-age fell from 5.8% to 1.5% [12]. Blocking the leading websites will also be effective, as it makes it very hard for them to build a trusted brand. And governments can stop their banks handling payments to foreign gambling companies, cutting off their business.
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economic policy law crime policing digital freedoms freedom expression Because people will gamble anyway, the best that governments can do is make sure that their people gamble in safe circumstances. This means real world that casinos and other betting places that can easily be monitored.
The examples of government using gambling for their own purposes are really the government turning gambling into a benefit for the country. Physical casinos benefit the economy and encourage investment, and lotteries can be used to raise money for good causes. Online gambling undermines all this, as it can be sited anywhere in the world but can still compete with, and undercut organised national betting operations.
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economic policy law crime policing digital freedoms freedom expression Online gambling affects families
A parent who gambles can quickly lose the money their family depends on for food and rent. It is a common cause of family break-up and homelessness, so governments should get involved to protect innocent children from getting hurt [5]. Each problem gambler harmfully impacts 10-15 other people [6]. The internet makes it easy for gamblers to bet secretly, without even leaving the house, so people become addicted to gambling without their families realising what is going on until too late.
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eaab866fdf1b9283debf296a7cdf07be
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economic policy law crime policing digital freedoms freedom expression Gambling is addictive.
Humans get a buzz from taking a risk and the hope that this time their luck will be in, this is similar to drug addicts [7]. The more people bet, the more they want to bet, so they become hooked on gambling which can wreck their lives. Internet gambling is worse because it is not a social activity. Unlike a casino or race track, you don’t have to go anywhere to do it, which can put a brake on the activity. The websites never shut. There won’t be people around you to talk you out of risky bets. There is nothing to stop you gambling your savings away while drunk.
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73f1009aced88d08400ec728176354d6
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economic policy law crime policing digital freedoms freedom expression Gambling is bad for you.
Gamblers may win money from time to time, but in the long run, the House always wins. Why should governments allow an activity that helps their citizens lose the money they have worked so hard to earn? The harm is not just the loss of money and possible bankruptcy; it causes depression, insomnia, and other stress related disorders [4]. The internet has made gambling so much easier to do and encouraged lots of new people to place bets so dramatically multiplying the harm.
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economic policy law crime policing digital freedoms freedom expression Government only objects to online gambling because they dont benefit
Governments are hypocritical about gambling. They say they don’t like it but they often use it for their own purposes. Sometimes they only allow gambling in certain places in order to boost a local economy. Sometimes they profit themselves by running the only legal gambling business, such as a National Lottery [15] or public racecourse betting. This is bad for the public who want to gamble. Online gambling firms can break through government control by offering better odds and attractive new games.
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economic policy law crime policing digital freedoms freedom expression Cant enforce an online gambling ban
Governments can’t actually do anything to enforce a ban on the world wide web. Domestic laws can only stop internet companies using servers and offices in their own country. They cannot stop their citizens going online to gamble using sites based elsewhere. Governments can try to block sites they disapprove of, but new ones will keep springing up and their citizens will find ways around the ban. So practically there is little the government can do to stop people gambling online. Despite it being illegal the American Gambling Association has found that 4% of Americans already engage in online gambling [11].
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economic policy law crime policing digital freedoms freedom expression Other forms of online gambling
What is the difference between gambling and playing the stock market? In each case people are putting money at risk in the hope of a particular outcome. Gambling on horse-racing or games involves knowledge and expertise that can improve your chances of success. In the same way, trading in bonds, shares, currency or derivatives is a bet that your understanding of the economy is better than that of other investors. Why should one kind of online risk-taking be legal and the other not?
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ed53c9c164b2ca80fedcc4f767bbf27a
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economic policy law crime policing digital freedoms freedom expression Personal freedom
Gambling is a leisure activity enjoyed by many millions of people. Governments should not tell people what they can do with their own money. Those who don’t like gambling should be free to buy adverts warning people against it, but they should not be able to use the law to impose their own beliefs. Online gambling has got rid of the rules that in the past made it hard to gamble for pleasure and allowed many more ordinary people to enjoy a bet from time to time. It provides the freedom to gamble, whenever and wherever and with whatever method the individual prefers.
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f026abdff01f2a90b1308cbeeb08af16
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economic policy law crime policing digital freedoms freedom expression Only regulation can mitigate harms
It is where the sites operate, not where they are set up that matters for regulation. It is in gambling sites interest to run a trustworthy, responsible business. Whatever they are looking for online, internet users choose trusted brands that have been around for a while. If a gambling site acts badly, for example by changing its odds unfairly, word will soon get around and no one will want to use it. Regulation will mean that sites will have to verify the age of their users and prevent problem gamblers from accessing their site. When there is regulation consumers will go to the sites that are verified by their government and are providing a legal, safe service [13].
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governmental transparency house believes there should be presumption Relying on a right of access would also have addressed the concerns set out by Proposition but would do so in a way that would not endanger actual concerns of national security by allowing citizens the right to challenge such decisions. An independent review could determine where the motivation is genuinely one of national security and those where it is really political expediency. The right to information for citizens is important but should not jeopardize the right to life of combat troops.
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d4f713d94dccc069709e797e465a937a
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governmental transparency house believes there should be presumption Governments have, prima facie, a different relationship with their own citizens than they have with those of other countries. In addition, as with the previous argument, extending the right of access does not, per se, require total access. The approach is also simply impractical as it would require every nation on the planet to take the same approach and to have comparable standards in terms of record keeping and data management. At present most states publish some data but the upper and lower thresholds of what is made public vary between them. To abolish the upper limit (ministerial briefing, security briefings, military contractors, etc.) would require everyone to do it, otherwise it would be deeply unsafe for any one state to act alone. The likelihood of persuading some of the world’s more unsavory or corrupt regimes to play ball seems pretty unlikely. The first of those is improbable, the latter is impossible.
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4fea4045c8b6854771a433c1d46fd29a
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governmental transparency house believes there should be presumption It seems unlikely that total publication would save much in the way of time or money. If the data was not indexed in some way it would be absurdly difficult to navigate - and that takes time and money.
There are advantages to building a delay into systems such as this, if a piece of information genuinely justifies a news story, then it will do so at any time. If it’s only of interest in the middle of a media feeding frenzy, then it seems unlikely that it was all that important.
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7b3bcfa525c738e042848d9dcc690876
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governmental transparency house believes there should be presumption The idea that, presented with a vast mass of frequently complex data, everyone would be able to access, process and act on it in the same way is fantasy. Equally the issue of ‘who guards the guards’ that Proposition raises is a misnomer; exactly the groups mentioned are already those with the primary role of scrutinizing government actions because they have the time, interest and skills to do so. Giving a right to access would give them greater opportunities to continue with that in a way that deluging them with information would not.
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232325d4d20cc6e83e9a56d494081b9c
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governmental transparency house believes there should be presumption Although it would be time-consuming to approach so much information, it is not impossible to manage it effectively. As Wikileaks has demonstrated, given access to large quantities of information, it is a relatively straightforward process to start with records that are likely to prove interesting and then follow particular routes from there. In addition, governments, like all organisations, have information management systems, there would be no reason not to use the same model.
Additionally, the very skill of journalism is going beyond the executive summary to find the embarrassing fact buried away in appendix nineteen. That would still be the case under this model, it would just be easier.
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a193d58b0d74ee2c66795b06f88ee150
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governmental transparency house believes there should be presumption There are, of course some costs to having a truly open and accountable government, but an effective right of access would allow much of that information to be made available. After all what the public sector bodies are paying in commercial transactions is of great interest to the public. If public bodies are getting a particularly good rate from suppliers, it might well raise the question of “Why?” For example, are they failing to enforce regulations on a particular supplier in return for a good price. In that instance, their other customers and their competitors would seem to have every right to know.
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db65e38d3bc772a6d4d1e7dd8071fe5e
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governmental transparency house believes there should be presumption It is frequently useful to see the general approach of a public organisation as reflected in routine discussions. Opposition is wrong to suggest that such information would only cast a light on ideas that were never pursued anyway so they don’t matter. It would also highlight ideas that agencies wanted to pursue but felt they couldn’t because of the likely impact of public opinion, knowing such information gives useful insight into the intentions of the public agency in question.
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dee8cac711700d293b9218914332fecb
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governmental transparency house believes there should be presumption Compelling public bodies to publish information ensures that non-citizens, minors, foreign nationals and others have access to information that affects them.
Genuine transparency and accountability of government action is not only in the interests of those who also have the right to vote for that government or who support it through the payment of taxes. The functioning of immigration services would seem to be a prime example. Maximising access to information relating to government decisions by dint of its automatic publication of information relating to those decisions ensures that all those affected will have recourse to the facts behind any decision.
If, for example, a nation’s aid budget is cut or redirected, why should the citizens of the affected nation not have a right to know why [i] ? If, as is frequently the case, it has happened because of an action or inaction by their own government, then it is important that they know. Equally if such a decision were taken for electoral gain, they at least have the right to know that there is nothing they or their government could do about it.
[i] Publish What You Fund: The Global Campaign For Aid Transparency. Website Introduction.
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49a5860842c98055000dd5751d43f596
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governmental transparency house believes there should be presumption Even the most liberal FoI regime tends to pander to certain groups in society full disclosure levels that playing field
People have many different interests in the accountability of governments; different areas of concern, differing levels of skill in pursuing those interests and so on. They deserve, however, an equal degree of transparency from governments in relation to those decisions that affect them. Relying on a right to access is almost certainly most likely to favour those who already have the greatest access either through their profession, their skills or their social capital. The use of freedom of information requests in those countries where they are available shows this to be the case, as they have overwhelmingly been used by journalists, with a smattering of representation from researchers, other politicians and lawyers and so on. In the UK between 2005 and 2010 the total number registered by all ‘ordinary’ members of the public is just ahead of journalists, the next largest group. The public are overwhelmingly outnumbered by the listed professional groups [i] .
Required publication, by contrast, presents an even playing field to all parties. Rather than allowing legislators to determine how and to whom – and for what – they should be accountable, a presumption in favour of publication makes them accountable to all. As a result, it is the only truly effective way of ensuring one of the key aims set out in favour of any freedom of information process.
[i] Who Makes FOI Requests? BBC Open Secrets Website. 14 January 2011.
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8c4c0fdbffcf784e055898595f30aa52
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governmental transparency house believes there should be presumption A faster, cheaper and simpler process
There are cost concerned with processing FoI requests both in terms of time and cash terms. [i] To take one example Britain’s largest local authority, Birmingham, spends £800,000 a year dealing with FoI requests. [ii] There is also a delay from the point of view of the applicant. Such a delay is more than an irritant in the case of, for example, immigration appeals or journalistic investigations. Governments know that journalists usually have to operate within a window of time while a story is still ‘hot’. As a result all they have to do is wait it out until the attention of the media turns elsewhere to ensure that if evidence of misconduct or culpability were found, it would probably be buried as a minor story if not lost altogether. As journalism remains the primary method most societies have of holding government to account, it doesn’t seem unreasonable that the methodology for releasing data should, at least in part, reflect the reality of how journalism works as an industry.
[i] Independent Review of the Impact of the Freedom of Information Act. Frontier Economics. October 2006.
[ii] Dunton, Jim, ‘Cost of FoI requests rises to £34m’, Local Government Chronicle, 16 September 2010, http://www.lgcplus.com/briefings/corporate-core/legal/cost-of-foi-requests-rises-to-34m/5019109.article
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9d7a80e90b11471fe5dc3a768893fe57
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governmental transparency house believes there should be presumption Public bodies require the ability to discuss proposals freely away from public scrutiny
Knowing that everything is likely to be recorded and then published is likely to be counter-productive. It seems probable that anything sensitive – such as advice given to ministers by senior officials – would either not be recorded or it would be done in a way so opaque as to make it effectively meaningless [i] .
By contrast knowing that such conversations, to focus on one particularly example, are recorded and can be subjected to public scrutiny when there is a proven need to do so ensures that genuine accountability – rather than prurience or curiosity, is likely to be both the goal and the outcome.
None of us would like the process of how we reached decisions made public as it often involves getting things wrong a few times first. However, there are some instances where it is important to know how a particular decision was reached and whether those responsible for that decision were aware of certain facts at the time – notably when public figures are claiming that they were not aware of something and others are insisting that they were. In such an instance the right to access is useful and relevant; having records of every brainstorming session in every public body is not. As the Leveson inquiry is discovering, an extraordinary amount of decisions in government seem to be made informally, by text message or chats at parties. Presumably that would become evermore the case if every formal discussion were to be published [ii] .
[i] The Pitfalls of Britain’s Confidential Civil Service. Samuel Brittan. Financial Time 5 March 2010.
[ii] This is nothing very new, see: Downing Street: Informal Style. BBC website. 14 July 2004.
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80e542c82e023c64f73b6a865739240e
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governmental transparency house believes there should be presumption Considering the amount of data governments produce, compelling them to publish all of it would be counterproductive as citizens would be swamped.
It is a misnomer in many things that more is necessarily better but that is, perhaps, more true of information than of most things. Public bodies produce vast quantities of data and are often have a greater tendency to maintain copious records than their private sector equivalents. US government agencies will create data that would require “20 million four-drawer filing cabinets filled with text,” over the next two years. [i] Simply dumping this en masse would be a fairly effective way of masking any information that a public body wanted kept hidden. Deliberately poor referencing would achieve the same result. This ‘burying’ of bad news at a time when everyone is looking somewhere else is one of the oldest tricks in press management. For example Jo Moore, an aide to then Transport Secretary Stephen Byers suggested that September 11 2001 was “a very good day to get out anything we want to bury.” Suggesting burying a u turn on councillors’ expenses. [ii]
For it to genuinely help with the transparency and accountability of public agencies it would require inordinately detailed and precise cataloguing and indexing – a process that would be likely to be both time consuming and expensive. The choice would, therefore, be between a mostly useless set of data that would require complex mining by those citizens who were keen to use it or the great expense of effectively cataloguing it in advance. Even this latter option would defeat the objective of greater accountability because whoever had responsibility for the cataloguing would have far greater control of what would be likely to come to light.
Instead ensuring a right of access for citizens ensures that they can have a reasonable access to exactly the piece of information they are seeking [iii] .
[i] Eddy, Nathan, ‘Big Data Still a Big Challenge for Government IT’, eweek, 8th May 2012, http://www.eweek.com/c/a/Government-IT/Big-Data-Still-a-Big-Challenge-fo...
[ii] Sparrow, Andrew, ‘September 11: ‘a good day to bury bad news’’, The Telegraph, 10 October 2001, http://www.telegraph.co.uk/news/uknews/1358985/Sept-11-a-good-day-to-bury-bad-news.html
[iii] Freedom of Information as an Internationally Protected Human Right. Toby Mendel, Head of Law at Article 19.
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governmental transparency house believes there should be presumption It is reasonable that people have access to information that effects them personally but not information that relates to their neighbours’, employers’, former-partners’ or other citizens who maythose who work for public bodies.
The right to access allows people to see information that affects them personally or where there is reasonable suspicion of harm or nefarious practices. It doesn’t allow them to invade the privacy of other citizens who just happen to work for public bodies or have some other association [i] .
Unless there is reason to suspect corruption, why should law-abiding citizens who sell goods and services to public bodies have the full details of their negotiations made public for their other buyers, who may have got a worse deal, to see? Why should the memo sent by an otherwise competent official on a bad day be made available for her neighbours to read over? A presumption in favour of publication would ensure that all of these things, and others, would be made a reality with the force of law behind them.
This would place additional burdens on government in terms of recruitment and negotiations with private firms – not to mention negotiations with other governments with less transparent systems. Let’s assume for the moment that the British government introduced a system, it is quite easy imagine a sense of “For God’s sake don’t tell the British” spreading around the capitals of the world fairly quickly.
[i] Section 40 0(A) od the FOIA. See also Freedom of Information Act Environmental Information Regulations. When Should Salaries be Disclosed? Information Commissioner’s Office.
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6db314884c8666b59bc590264fbfb18b
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intellectual property house would cut length copyright protection Inefficient or not, artists should have the right to retain control of their creations. Even if they are not making any money out of it, they still have the right, and often the desire, to maintain control of the way their art is used. If artists do not desire such control, they can opt to release their works into the public domain, while allowing those who do not wish to do so to protect their work.
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87322516994169134959d016dfe6f5c9
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intellectual property house would cut length copyright protection While there is value in other artists exploring their own creativity by means of others’ work, it does not give them an overriding right. Rather, artists should have a meaningful control over how their art is disseminated and viewed in the world, as it is ultimately their creation. Furthermore, the protections copyright affords means that the responses that do arise must be more creative and novel in and of themselves, and not simply hackneyed riffing on existing work. This helps to benefit the arts by ensuring that there is regular innovation and change.
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4d28053593a68c3296a19a677beb45b6
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intellectual property house would cut length copyright protection The problems associated with “orphan works” can be sorted out separate from limiting copyright length. It simply demands a closer attention from executors and legal professionals to sort these issues out. In terms of availability, it must be up to the artist to release the work as he or she sees fit. Encouraging artists and their successors to release their works into the public domain could go a long way to solving this problem without recourse to adulterating existing protections.
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8a72389f64db15b09f7b1968cadd3e9e
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intellectual property house would cut length copyright protection The artistic drive to create is rarely stifled by having been successful. Individuals deserve to profit from their success and to retain control of what they create in their lifetime, as much as the founder of a company deserves to own what he or she creates until actively deciding to part with it. However, even patents, novel creations in themselves, have far less protection than copyright. While most patents offer protection for a total of twenty years, copyright extends far beyond the life of its creator, a gross overstretch of the right of use. [1]
[1] Posner, Richard A., “Patent Trolls Be Gone”, Slate, 15 October 2012, http://www.slate.com/articles/news_and_politics/view_from_chicago/2012/10/patent_protection_how_to_fix_it.html
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1f6743d02deb8cff96c272b91d9a22d6
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intellectual property house would cut length copyright protection Copyright would still exist, and the artist is able to profit from it, even if the length of copyright is reduced. People deserve recompense, but the stifling force of current laws make for negative outcomes. It would be better to strike a more appropriate balance, allowing artists to profit while they can, which in practice is only during the first few years after their work’s release, and at the same time allowing the art to reach the public sphere and to interact with it in fuller fashion.
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69 |
0916667f4f8ab4757577524ad7c71161
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intellectual property house would cut length copyright protection Artists generally desire to create, and will do so whether there is financial incentive or not. Besides, many artists live and die in relative poverty, [1] yet their experience seems to not have put off people from pursuing art as a profession and passion. The loss of a few marginal cases must be weighed against the massive losses to art in general, such as the huge curtailment of exploration of and response to existing works, which are often artistically meritorious in their own right, and also the rendering unavailable of much of the artistic output of the world.
[1] The Economist, “Art for money’s sake”, 27 May 2004, http://www.economist.com/node/2714114
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70 |
723feb4a1aeb234fd77f331664536f03
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intellectual property house would cut length copyright protection The vast majority of artistic output results in having little lifelong, let alone postmortem economic value. Most artists glean all they are going to get out of their art within a couple years of its production, and the idea that it will sustain their families is silly. In the small number of cases of phenomenally successful artists, they usually make enough to sustain themselves and family, but even still, the benefits accrued to outliers should not be sufficient reason to significantly slow the pace of artistic progress and cross-pollination of ideas. Besides, in any other situation in which wealth is bequeathed, that money must have been earned already. Copyright is a bizarre construct that allows for the passing on of the right to accrue future wealth.
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71 |
9bf7b47c88c5d61ae6ccb831df70b137
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intellectual property house would cut length copyright protection Once a piece of art enters the public sphere, it takes on a character of its own as it is consumed, absorbed, and assimilated by other artists. It is important that art as a whole be able to thrive in society, but this is only possible when artists are able to make use of, and actively reinterpret and utilize existing works. This can only be furthered by a significant reduction in length of copyright protections. It is also disingenuous to suggest that the artist’s work is not itself the product of exposure to other artists’ work. All art is a response, even if only laterally, to the previous traditions. While those who gain a copyright get it because of a ‘novel concept’ it is open to question just how novel this has to be. A painter who paints a new painting in a style never seen before may well still be using oil and canvas just as thousands of artists have in the past.
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72 |
6cd68abd7a74b07aa5b6eb30a04a5afa
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intellectual property house would cut length copyright protection Long copyrights serve to severely limit access by the public to creative works
Because copyrights are so long, they often result in severely limiting access to some works by anyone. Many “orphan works”, whose copyright holders are unknown, cannot be made available online or in other free format due to copyright protection. This is a major problem, considering that 40% of all books fall into this category. [1] A mix of confusion over copyright ownership and unwillingness of owners to release their works, often because it would not be commercially viable to do so, means that only 2% of all works currently protected by copyright are commercially available. [2] The public is robbed of a vast quantity of artistic work, often simply because no one can or is willing to publish it even in a commercial context. Reducing copyright length would go a long way to freeing this work for public consumption.
[1] Keegan, V. “Shorter Copyright Would Free Creativity”. The Guardian. 7 October 2009, http://www.guardian.co.uk/technology/2009/oct/07/shorter-copyright-term
[2] ibid
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73 |
e7c451cef42dea040e6e286c1813b128
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intellectual property house would cut length copyright protection Overlong copyright protection stifles the creativity and saps the time of artists
In some instances, when artists achieve success they face the enervating impulse that their achievement brings. They become satisfied and complacent with what they have, robbing them of their demiurgic drive. Worse, and more frequently, successful artists become embroiled in defending their work from pirates, downloaders, and other denizens of the internet. The result is artists wasting time in court, fighting lawsuits that sap them of time to actually focus on creating new works. Artists should be incentivized to look forward, not spend their time clinging to what they have already made. Obviously, they have a right to profit from their work to an extent, which is why a certain, reduced length of copyright is still important. But clearly the current length is far too great as artists retain their copyright until their death and many years after. Moreover once the artist has died it is difficult to see how copyright can be considered to be enhancing or even rewarding creativity; it simply becomes a negative weight on others creativity.
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74 |
e57f6fafab19f06a6078bc47322f28a8
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intellectual property house would cut length copyright protection Long copyright stifles creative responses to and re-workings of the original work
Artistic creations, be they books, films, paintings, etc. serve as a spark for others to explore their own creativity. Much of the great works of art of the 20th century, like Disney films reworking ancient fairy tales, were reexaminations of existing works. [1] That is the nature of artistic endeavor, and cutting it off by putting a fence around works of art serves to cut off many avenues of response and expression. When copyright is too long, the work passes beyond the present into a new status quo other than that in which it was made. This means contemporary responses and riffs on works are very difficult, or even impossible. In the United States tough copyright law has prevented the creation of a DJ/remix industry because the costs of such remixing is prohibitive. [2] While a certain length of copyright is important, it is also critical for the expression of art to develop that it occur within a not overlong time. Furthermore, it is valuable for artists to experience the responses to their own work, and to thus be able to become a part of the discourse that develops, rather than simply be dead, and thus voiceless.
[1] Keegan, V. “Shorter Copyright Would Free Creativity”. The Guardian. 7 October 2009, http://www.guardian.co.uk/technology/2009/oct/07/shorter-copyright-term
[2] Jordan, Jim, and Teller, Paul, “RSC Policy Brief: Three Myths about Copyright Law and Where to Start to Fix it” The Republican Study Committee, 16 November 2012, http://infojustice.org/wp-content/uploads/2012/11/three-myths.pdf
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75 |
9ee2da429bcf382887c62ed53dc608c8
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intellectual property house would cut length copyright protection Control of an artistic work and its interaction in the public sphere is the just province of the creator and his or her designated successors
The creator of a piece of copyrighted material has brought forth a novel concept and product of the human mind. That artist thus should have a power over that work’s use. Art is the expression of its creator’s sense of understanding of the world, and thus that expression will always have special meaning to him or her. How that work is then used thus remains an active issue for the artist, who should, as a matter of justice be able to retain a control over its dissemination. That control can extend, as with the bequeathing of tangible assets, to designated successors, be the trusts, family, or firms. In carrying out the wishes of the artist, these successors can safeguard that legacy in their honor. Many artists care about their legacies and the future of their artistic works, and should thus have this protection furnished by the state through the protection of lengthy copyrights.
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76 |
36c368aa5ba5533d21a256e1e636ab8c
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intellectual property house would cut length copyright protection The promise of copyright protection galvanizes people to develop creative endeavors
The incentive to profit drives a great deal of people’s intellectual endeavours. Without the guarantee of ownership over one’s artistic work, the incentive to invest in its creation is significantly diminished. Within a robust copyright system, individuals feel free to invest time in their pursuits because they have full knowledge that the fruits of their efforts will be theirs to reap. [1] With these protections the marginal cases, like people afraid to put time into actually writing a novel rather than doing more hours at their job, will take the opportunity. Even if the number of true successes is very small in the whole of artistic output, the chance of riches and fame can be enough for people to make the gamble. If their work were to quickly leave their control, they would be less inclined to do so. Furthermore, the inability of others to simply duplicate existing works as their own means they too will be galvanized to break ground on new ideas, rather than simply re-tread over current ideas.
[1] Greenberg, M. “Reason or Madness: A Defense of Copyright’s Growing Pains”. John Marshall Review of Intellectual Property Law. 2007, http://www.jmripl.com/Publications/Vol7/Issue1/Greenberg.pdf
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77 |
c75d0bca48281d2eee2e8df140071779
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intellectual property house would cut length copyright protection Artists deserve to profit from their work and copyright provides just recompense
Artists generating ideas and using their effort to produce an intangible good, be it a new song, painting, film, etc. have a property right over those ideas and the products that arise from them. It is the effort to produce a real good, albeit an intangible one, that marks the difference between an idea in someone’s head that he or she does not act upon, and an artistic creation brought forth into the world. Developing new inventions, songs, and brands are all very intensive endeavours, taking time, energy, and often a considerable amount of financial investment, if only from earnings forgone in the time necessary to produce the work. Artists deserve as a matter of principle to benefit from the products of the effort of creation. [1] For this reason, robbing individuals of lifelong and transferable copyright is tantamount to stealing an actual physical product. Each is a real thing, even if one can be touched while the other is intangible in a physical sense. Copyright is the only real scheme that can provide the necessary protection for artists to allow them to enjoy the fruits of their very real labours.
[1] Greenberg, M. “Reason or Madness: A Defense of Copyright’s Growing Pains”. John Marshall Review of Intellectual Property Law. 2007, http://www.jmripl.com/Publications/Vol7/Issue1/Greenberg.pdf
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78 |
ac4e6835b72efd7acb91a54c2f30a1d5
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intellectual property house would cut length copyright protection Artists often rely on copyright protection to support dependents and family after, including after they are dead
Artists may rely on their creative output to support themselves. This is certainly no crime, and existing copyright laws recognize this fact. Artists rarely have pensions of the sort that people in other professions have as they are rarely employed by anyone for more than a short period. [1] As a result artists who depend on their creations for their wherewithal look to their art and copyright as a guaranteed pension, a financial protection they can rely on even if they are too old to continue artistic or other productive work for their upkeep. They also recognize the need of artists to be able to support their dependents, many of whom too rely on the artist’s output. In the same way financial assets like stocks can be bequeathed to people for them to profit, so too must copyright be. Copyright is a very real asset and financial protection that should be sustained for the sake of artists’ financial wellbeing and that of their loved ones.
[1] The Economist, “Art for money’s sake”, 27 May 2004, http://www.economist.com/node/2714114
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79 |
cf84fd1a0d0b2c91c19415e079c14a5c
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privacy house would ban targeted online advertising basis user profiles The anonymity of this information is far from guaranteed and firms’ data collection can indeed serve as a serious threat to people’s privacy and identity on the internet. The technology in use is extremely difficult to police, and the data, once collected, can wander off to less reputable places. It is not enough to claim this as a natural evolution of advertising when it is accepted that there are personal boundaries advertisers cannot cross, such as into the home. This advertising strategy carries too many risks to be permitted.
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80 |
980fe7e1d40967f6bed3462cc9de60ff
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privacy house would ban targeted online advertising basis user profiles Even if the services advertised are effective in providing services that may interest them, the fundamental violation of privacy entailed in compiling personal search data is too serious a danger to people than the fleeting benefits that this sort of advertising might furnish. But this form of advertising is often not as effective, since its reliance on programmes that stereotype demographics can often result in misallocation of advertising. Furthermore, the discomfort people feel at this advertising means they do not like experiencing it, useful or not.
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81 |
b4a886f4d5b4632114c343c3b53488b4
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privacy house would ban targeted online advertising basis user profiles The benefit to small firms is far outweighed by the loss of privacy, something that the size of firms involved potentially makes worse. Smaller companies are unlikely to have the sophisticated data security that larger businesses do making it more likely that the information will fall into the hands of individuals who wish to misuse it. Moreover if targeted advertising alienates consumers then those small firms who are able to use such advertising may not be getting the full benefit. While individuals may well enjoy the various smaller or niche services being offered, they often do not like having it shoved in their faces. Being put off can detract customers from these markets, preventing the flourishing of niche market businesses desired. The strategy is just too invasive and disconcerting. Furthermore, far from successfully hitting their markets all the time, the programmes used to collate data rely on stereotypes and broad characterizations of users to try to reach their markets. This lack of sophistication leads to further alienation by users.
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82 |
260eee2b2888cf137514b62f3f582a0a
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privacy house would ban targeted online advertising basis user profiles The marketing programmes and collations have over time become far more sophisticated and textured in allocating ad space. While some people feel it a bit disconcerting that their computer seems to know what might interest them, many others have found that the targeted advertising has made the seeking out of desired goods and services far easier. And even if people feel it is a bit alienating, it does not necessarily stop them from availing of the marketed services. Nor does some people disliking it provide a good reason for banning the practice.
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83 |
8057cfcc10335b2173114d07cd5961a9
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privacy house would ban targeted online advertising basis user profiles The extent to which the online experience is altered by targeted marketing is extremely limited. Certainly they are less influential on how people interact with the internet than are search engines’ own choices in search priorities. The user of Bing has a much more differentiated experience from the Google user, than do individuals targeted by demographic-based marketing strategies. Ultimately, it does not matter overmuch if people have somewhat differentiated experiences anyway as long as those different experiences make the online experience better.
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84 |
a2b642dc14d3bbf13916cb56679494b0
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privacy house would ban targeted online advertising basis user profiles The data that is used in targeted marketing is freely available online and can be protected in many ways. The programmes that target marketing often do not ever gain real access to individuals’ identities, but rather collate their search details. It is highly unlikely that any of this information could be used to identify actual individuals. Furthermore, the information in question is put into the public sphere by individuals availing of online services and not guaranteed any form of special protection. They exist and are revealed in the public sphere, and belong there. It is therefore wrong to say that privacy is being undermined by targeted advertising.
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85 |
1031a17f8b1cb6edab66dac0ab514893
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privacy house would ban targeted online advertising basis user profiles This form of marketing makes for better advertising that benefits consumers
By targeting demographics and personal profiles, businesses are able to put forward the services that are statistically likely to pique their target’s interest. In the past, because advertisers had limited budgets and no sophisticated means of reaching their target audience, they had to settle for broad demographics and to cater to majority tastes and interests. This led to a reduction in the breadth of goods and services to niche markets. Targeted advertising helps to alleviate this issue by allowing customers of eclectic tastes to actually find services they are interested in outside the mainstream, enriching their own lives in the process. The internet is vast, and it is often difficult to sift out things that might be interesting to the individual consumer from all the information available. Targeted advertising is one of the most effective ways of providing this information to people. [1] The data compiled to create an individual profile is easily able to divine a broad brushstrokes outline of a person’s likely interests. This creates a better experience for internet users because it provides a far easier means of finding goods and services that would interest them, often from sources they might not have otherwise been aware. When Facebook furnishes this service to advertisers, users are shown ads that fit their profiles, ones they might find interesting. [2] Given that there is only finite ad space, it is far better for the consumer to see ads for things they care about while using the service rather than just ignoring pointless things.
[1] Columbus Metropolitan Library. “Using Demographics to Target Your Market”. 2012. http://www.columbuslibrary.org/research/tutorials/using-demographic
[2] Lewis, J., “Facebook faces EU curbs on selling users’ interests to advertisers”, The Telegraph, 26 November 2011, http://www.telegraph.co.uk/technology/facebook/8917836/Facebook-faces-EU-curbs-on-selling-users-interests-to-advertisers.html
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86 |
a3f08121702e1ee00cb12967371a3ed1
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privacy house would ban targeted online advertising basis user profiles This advertising strategy benefits companies by making marketing more efficient and allows smaller markets to develop
Targeted advertising using the wealth of personal information left for collection and collation online makes business far more efficient for advertisers. Until recently advertisers were forced to use ads that went into the world basically at random, hitting everyone and not necessarily reaching the desired audience. This meant that producers could rarely target small markets, and thus advertising and mass media products all focused on large groups. [1] Thus small producers have been crowded out from the mainstream. With the advent of targeted marketing, producers can now afford to compete for business and to advertise their services to the groups that actually want what they have to sell. Thus businesses have been able to flourish that once would have languished without access to a proper market. An example of this is the targeting by niche fashion boutiques targeting the diffuse but expansive “hipster” market. [2] This has led to a more efficient business world, with lots of producers that can compete with the larger mainstream quite effectively.
[1] Columbus Metropolitan Library. “Using Demographics to Target Your Market”. 2012. http://www.columbuslibrary.org/research/tutorials/using-demographic
[2] Fleur, B. “New Meaning for the Term ‘Niche Market’”. New York Times. 29 September 2006, http://www.nytimes.com/2006/09/29/style/29iht-Rshop.html?pagewanted=all&_r=0
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c6c9327551a6d08b87cab2be15c11dd6
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privacy house would ban targeted online advertising basis user profiles Consumers tend to find these strategies alienating
Internet users have come to understand the nature of demographic and personal marketing, and have generally rejected it. This is because they consider the whole process invasive, with their personal details exploited to the profit of third party businesses seeking to peddle their wares. This has resulted in a substantial backlash against these forms of marketing, and built up prejudicial attitudes toward the companies that use these schemes, and the internet services that facilitate them. The facts of these attitudes have been borne out in a number of research studies, showing that as much as 66% of Americans do not want their personal information used to tailor advertising to them. [1] This has led to less than the desired outcome for marketers who rather than experiencing their sales increased efficiently through more targeted marketing alienate their potential customers. More than just invasive, this form of marketing tends toward stereotypes, using programmes that favour broad brushstrokes in their marketing, resulting in stereotyped services on the basis of apparent gender and race. A recent example of this sort of racial profiling took place in 2013 when it was revealed that having a stereotypical “black” name brought up ads for criminal records checks 25% more often than for users with other names. [2] This was, to say the least, considered exceptionally alienating by many users. This and other incidents have compounded the sense of alienation from these forms of marketing among consumers.
[1] Pinsent Masons. “US Web Users Reject Behavioural Advertising, Study Finds”. Out-Law. 30 September 2009. http://www.out-law.com/page-10410
[2] Gayle, D. “Google Accused of Racism After Black Names are 25% More Likely to Bring Up Adverts for Criminal Records Checks”. The Daily Mail.5 February 2013. http://www.dailymail.co.uk/sciencetech/article-2273741/Google-accused-racism-black-names-25-likely-bring-adverts-criminal-records-checks.html
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88 |
2c5a56d4a622fab7eef867585652810b
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privacy house would ban targeted online advertising basis user profiles Demographic/profile-based advertising fundamentally alters the experience of the internet for people of different backgrounds
When the experience of the internet differs between people because of their backgrounds and past activities, the position of the online experience as one free of informational prejudice is undermined. It is important that the internet and the sites and services that float around it be as free from external prejudicing that contemporary targeted marketing creates. This marketing shapes at the most basic level the internet experience people interact with, and as it differs between people the quality of the universal service is diminished in a way. [1] This is particularly problematic when that internet experience is designed to differentiate between people of differing demographic backgrounds, which serve only to heighten divisions between these groups. The internet should remain a neutral space.
[1] Cartagena, R. “Online Tracking, Profiling and Targeting – Behavioural Advertisers Beware”. eCommerce Times. 19 December 2011, http://www.ecommercetimes.com/story/73966.html
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40db583c8a75dd867200f8db0df19556
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privacy house would ban targeted online advertising basis user profiles This advertising strategy undermines people’s right to personal privacy
Targeted advertising based on profiles and demographic details is the product of information acquired in a fashion that is fundamentally invasive of individuals’ privacy. When individuals go online they act as private parties, often enjoying anonymity in their personal activities. Yet online services collate information and seek to use it to market products and services that are specifically tailored to those individuals. This means that individuals’ activities online are in fact susceptible to someone else’s interference and oversight, stealing from them the privacy and security the internet has striven to provide. At the most basic level, the invasion of privacy that collating and using private data gleaned from online behaviour is unacceptable. [1] There is a very real risk of the information being misused, as the data can be held, Facebook for example keeps all information ever entered to the social network, [2] and even resold to third parties that the internet users might not want to come into possession of their personal details. People should always be given the option of consent to the use of their data by any party, as is the case in many jurisdictions, such as the European Union has done in implementing its 'cookie law'. [3] This can lead to serious abuses of individuals’ private information by corporations, or indeed other agents that might have less savoury uses for the information.
[1] The Canadian Press. “Academics Want Watchdog to Probe Online Profiling”. CTV News. 28 July 2008. http://www.ctvnews.ca/academics-want-watchdog-to-probe-online-profiling-1.311784
[2] Lewis, J., “Facebook faces EU curbs on selling users’ interests to advertisers”, The Telegraph, 26 November 2011, http://www.telegraph.co.uk/technology/facebook/8917836/Facebook-faces-EU-curbs-on-selling-users-interests-to-advertisers.html
[3] European Union, “Directive 2009/136/EC of the European Parliament and of the Council”, Official Journal of the European Union, L 337/11, 18 December 2009, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:337:0011:0036:En:PDF
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1087f1b4b53db48bb2437f5e1abd4939
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e internet freedom censorship ip digital freedoms freedom expression Is a minor ban really a good signal? The chances are the government will ignore it and those who it is meant to encourage will never hear about it. In the event that the regimes it is aimed at do take not far from weakening them, this policy serves only to alienate them. The lack of respect the policy is clearly aimed to show will galvanize the leaderships in undemocratic regimes to cut off various ties with democratic states, limiting the flow of ideas and democratic principles that natural adhere to activities like international trade. The result is non-democracies will be less willing to talk about reform in the international community because they see their very form of government as under threat by foreign agents seeking to discredit them. Ultimately, a boost in Western moral does little to promote democracy and human rights while a negative signal will result in regimes being more suspicious and obstinate.
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a723961d8bb4da9bfc12bf3149c59cae
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e internet freedom censorship ip digital freedoms freedom expression A democracy, like any state, owes its first duty to its citizens, and its national interest is therefore in selling this equipment to help business at home. While it is convenient, perhaps even morally right at times, to stand publicly for the universality of democratic principles, such stands should not be taken at the expense of national security or influence. It should certainly not be considered an obligation. Sweeping policies like this will alienate valuable allies and make it more difficult for democracies to deal with the undemocratic world. With regard to domestic freedoms, states have long held different standards of action when dealing with their own citizens than those of other states, and that has never served to erode domestic freedoms.
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92 |
6d138e82e04b5e860f47352fa58f1291
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e internet freedom censorship ip digital freedoms freedom expression Corporations are bound to obey the laws of the societies in which they are based, but they are not so constrained in their foreign dealings, in which they are bound instead by foreign laws that are often much more lax. The nature of the international landscape, with its many incompatible and overlapping forms of government and regulatory frameworks, demands that corporations be flexible in order to survive. The constraints put upon the manufacturers of surveillance equipment put forward by this policy will make them less competitive in the international market, which is often the primary market for these businesses. Furthermore, if they feel constrained they may pull up stakes and move their operations abroad to a more accommodating jurisdiction. This would serve to harm domestic jobs and undermine the ability of democratic states to maintain their edge over others in essential surveillance technology development.
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e062a0403ea1b07d8405ea2d44812e01
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e internet freedom censorship ip digital freedoms freedom expression Security services have managed to watch over and infiltrate the efforts of dissidents all through history. The visibility and tactics is all that has changed. The internet was never going to just be an arena that helps dissidents in authoritarian regimes but as with other technological advances, such as the telephone both increases communication and provides methods of monitoring that communication. If non-democratic states were to lose access to Western technology, they would either procure comparable replacements from other non-democracies, or they would pursue more traditional forms of surveillance, ones that tend to be more invasive and physically threatening.
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94 |
090435bb2cfa2d7bd3814fac42249ad1
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e internet freedom censorship ip digital freedoms freedom expression Real politick is not the only consideration democracies should entertain when they engage in international relations. Indeed, the Western powers have sought since World War II to develop a system of international justice that recognizes the primacy of peoples’ rights irrespective of where they are born. This principle is constantly compromised as democracies jockey for influence with undemocratic regimes, bolstering those regimes and their repressive norms in the process. In order to be consistent, and to serve the true interests of justice, democracies must not aid undemocratic governments in the repression of their people.
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cc217ebdf39b31af7fa3a6185f0fa628
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e internet freedom censorship ip digital freedoms freedom expression Oppressive regimes have turned to the use of advanced surveillance technology in response to activists’ learning to evade more conventional methods of surveillance, and by moving their organizations online. Western surveillance technology has filled a niche that was once open for dissidents. By placing this ban, even if the regimes turn back to old methods, they will still be hampered in the crushing of dissent. Furthermore, no regime has the resources or power to have physical surveillance as pervasive as the technology denied them would allow. Electronic surveillance therefore can cast a much broader net that would allow the government to repress many more people who would not be subject to more labour intensive physical surveillance.
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62da6385db9e8eb249e509733ffbb2cc
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e internet freedom censorship ip digital freedoms freedom expression Banning the sale of surveillance technology does not mean democracies are declaring all undemocratic regimes illegitimate. Rather, they are simply not allowing their technology to aid in the repression of people, which is the only use to which that technology is put in practice. Reform sometimes demands a firm hand, and while some regimes will be riled by what they perceive as an insult, the greater chance for dissidents to develop networks and voices is worth the cost.
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d4b4d2e32b8aa3779a0672ce9fd32c22
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e internet freedom censorship ip digital freedoms freedom expression While Western states are willing to use surveillance technology to restrict their citizens, they do so always with a democratic mandate. That is the key difference. Democracies use surveillance technology to provide their people with the safety and security they demand, a security over which the people always have the veto of the ballot box. The non-democracy is not checked by any such power, and thus its use of surveillance technology faces no constraint.
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44c41a8a577ea15775614d3acfefdf0c
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e internet freedom censorship ip digital freedoms freedom expression Democratic states have an obligation to not bolster repression abroad
It is common for Western democracies to make sweeping statements about the universality of certain rights, and that their system of government is the one that should be most sought after in the world, that democracy is the only legitimate form of government. As when Obama in Cairo proclaimed “These are not just American ideas; they are human rights. And that is why we will support them everywhere.” [1] They claim to work in the United Nations and other organizations toward the improvement of rights in other countries and clamour about the need for building governments accountability around the world, using their liberal-democratic paradigm as the model. Yet at the same time democratic governments and companies sell technologies to non-democratic allies that are used to systematically abuse the rights of citizens and to entrench the power of those avowedly illegitimate regimes. These hypocrisies read as a litany of shame. A telling example is the Blair government in the United Kingdom selling weapons to an oppressive regime in Indonesia for the sake of political expediency even after proclaiming an ‘ethical foreign policy’. [2]
Even if democracies do not feel it is a defensible position to actively seek to subvert all non-democratic states, and that non-democracies should be considered semi-legitimate on the basis of nations’ right to self-determination, they should still feel morally obliged not to abet those regimes by providing the very tools of oppression on which they rely. [3] To continue dealing in these technologies serves only to make democratic countries’ statements hollow, and the rights they claim to uphold seem less absolute, a risk in itself to freedoms within democracies. Respect for rights begins at home, and actively eroding them elsewhere reduces respect for them by home governments.
[1] Obama, Barack, “Remarks by the President on a new beginning”, Office of the Press Secretary, 4 June 2009, http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-at-Cairo-University-6-04-09
[2] Burrows, G. “No-Nonsense Guide to the Arms Trade”. New Internationalist. 2002, http://www.thirdworldtraveler.com/Weapons/Arms_Trade.html
[3] Elgin, B. “House Bill May Ban US Surveillance Gear Sales”. Bloomberg. 9 December 2012. http://www.bloomberg.com/news/2011-12-09/house-bill-would-ban-surveillance-gear-sales-by-american-firms.html
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bb03bea5afcf959744f445d63fd22c9e
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e internet freedom censorship ip digital freedoms freedom expression The right of Western businesses to sell their services abroad can be curtailed when their actions stand counter to the interests of their home governments
Corporations are private entities that have the right to sell their services and to deal with agents foreign and domestic, including governments. However, this right can be limited when those actions are oppositional to the aims of the home state in which they are incorporated. The sale of surveillance technology to undemocratic regimes stands against the avowed aims of democracies and against their strategic interests in bolstering democracy abroad and maintaining a reputation for fair dealing. For this reason it is perfectly legitimate for governments to ban the corporations within their borders from selling dangerous technologies to foreign governments. Such is already the case with many kinds of strategic technology, especially weapons technology. [1] The EU, for example, bans a range of arms sales to various oppressive states on these grounds, [2] China in particular is an example where it would potentially be very lucrative to overturn the ban. [3] Corporations benefit from the protection of democratic states, as they provide bases of operations that shield their right to property and ensure stability and the rule of law. If corporations wish to benefit from these provisions they must be willing to accept the instructions of the states that house them regarding what can and cannot be sold to foreign powers.
[1] Elgin, B. “House Bill May Ban US Surveillance Gear Sales”. Bloomberg. 9 December 2012. http://www.bloomberg.com/news/2011-12-09/house-bill-would-ban-surveillan...
[2] Banks, M. “Senior MEP Calls for Freeze on Arms Sale to North Africa”. The Parliament.com. 7 July 2011. http://www.theparliament.com/latest-news/article/newsarticle/senior-mep-calls-for-freeze-on-arms-sale-to-north-africa/
[3] See the debatabase debate ‘This House believes the European Union should lift its ban on member states selling arms to China’ http://idebate.org/debatabase/debates/international-affairs/european-union/house-believes-lift-arms-sales-ban-china
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