The worldwide web has just celebrated its 25th birthday anniversary. Sir Tim Berners-Lee, the web’s creator, recently made a call to action regarding our internet rights. Arguing that the web is facing serious threats to its openness and neutrality from powerful institutions and interests, including governments and corporations, he challenges us “to make a big communal decision. In front of us are two roads: which way are we going to go? Are we going to continue on the road and just allow the governments [and corporations] to do more and more and more control; more and more surveillance? Or are we going to set up a bunch of values? Are we going to set up something like a Magna Carta for the worldwide web and say, actually, now it’s so important, so much part of our lives that it becomes on a level with human rights?”
Berners-Lee’s call to action has helped fuel momentum for the recognition and enshrinement of our rights to the use of the web. To help further this momentum, he launched the Web We Want campaign to provide an opportunity for everyone to play a part in defining, building and defending the web’s future to ultimately secure people’s online rights on a free and open web protected by law around the world.
Brazil’s government, for example, recently approved a draft Bill that some analysts herald as a Constitution for the internet. Berners-Lee lauded it as “the best possible birthday gift for Brazilian and global web users” that balances the rights and responsibilities of all who use the web, reflecting it “as it should be: an open, neutral and decentralised network, in which users are the engine for collaboration and innovation”.
That Bill, however, remains a local effort instead of an international declaration of rights. The web needs a universal bill of rights akin to the Universal Declaration of Human Rights to help ensure universal respect and applicability.
A universal bill of rights for the web is of particular urgency as we continue our great migration to an online environment. It is becoming necessary for people to be connected to the web to participate in, and contribute to, the world around them.
The use of the web must be treated as a human right
It is increasingly common for individuals and institutions to have digital expectations of themselves and each other. Consequently, if one is not connected to this ever-expanding web, one can become disconnected, literally and figuratively, from participation in the digital and even the physical realms.
In an Orwellian twist, moreover, even the disconnected are still captured in the web. For example, the most banal actions and routines of daily life are caught up in the web’s wide reach.
The use of the web must therefore be treated as a human right. Its continually growing centrality to the lives of individuals necessitates this treatment. The establishment of this right faces multiple complex challenges including difficulties regarding its nature and scope, implementation and enforcement.
It will also encounter resistance, reservations, and ridicule. But as Berners-Lee implores us, it is crucial that we begin advancing this right at every opportunity to ensure that nobody is able to “take away or try to control the precious space we’ve gained on the web to create, communicate and collaborate freely”.
One step towards advancing this right is to begin a discussion about a universal bill of rights for the web and its possible core principles. These core principles should include the following:
Neutrality, openness and inclusivity: the web must be and remain a neutral and open space that does not discriminate but instead supports the inclusivity of content and users in order to help ensure that individuals can use, navigate, collaborate with, share and contribute to its many opportunities free from ideological, political, economic, or proprietary constraints or surveillance.
Freedom of expression and ideas: the web must be and remain a space in which individuals are free to express themselves and share their ideas. Indeed, as article 19 of UDHR declares: “everyone has the right to freedom of opinion and expression… [including the] freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” This fundamental human right applies to the web.
Freedom for private communications: the web must be and remain a space where private communications can occur without control, interference or surveillance. Individuals must be able to use the web to engage in private communications without fear or worry of inappropriate, unwarranted or unknown third party eavesdropping or involvement.
Freedom of assembly: the Web must be and remain a space where individuals can freely assemble and associate with others. The UDHR’s article 20 serves as a pillar for this digital right.
Protection of personal information and privacy: the web must be and remain a space where individuals’ personal data and privacy are recognised and respected. Personal information must not be compromised by inappropriate or unwarranted collection, management or use nor without the consent or endorsement of individuals. Privacy must not be violated by intrusive or illegal control, discrimination or surveillance.
Affordable access and equitable use: the web must be and remain an affordable space that everyone can access and equitably use without unreasonable economic or financial concerns or constraints. It must offer financially affordable and viable platforms and services to help prevent the pricing-out of individuals. This principle will help ensure that the web is an accessible and equitable space free from economically discriminatory and unjust features.
A consideration of such a universal bill of rights for the web can help contribute to the growing momentum of Berners-Lee’s call to action, his Web We Want campaign and Brazil’s birthday gift to the web and, in so doing, help us get closer to the human rights goals of civil, social and economic justice for all.
Marc Kosciejew is a lecturer at the University’s Faculty of Media and Knowledge Science.