Freedom of information

Freedom of information (or information freedom) refers to the protection of the right to freedom of expression with regards to the Internet and information technology (see also, digital rights). Freedom of information may also concern censorship in an information technology context, i.e. the ability to access Web content, without censorship or restrictions.

Freedom of information is a extension of freedom of speech, a fundamental human right recognised in international law, which is today understood more generally as freedom of expression in any medium, be it orally, in writing, print, through the Internet or through art forms. This means that the protection of freedom of speech as a right includes not only the content, but also the means of expression.^[1] Freedom of information may also refer to the right to privacy in the context of the Internet and information technology. As with the right to freedom of expression, the right to privacy is a recognised human right and freedom of information acts as an extension to this right.^[2]

The World Summit on the Information Society (WSIS) Declaration of Principles adopted in 2003 reaffirms democracy and the universality, indivisibility and interdependence of all human rights and fundamental freedoms. The Declaration also makes specific reference to the importance of the right to freedom of expression for the "Information Society" in stating:

"We reaffirm, as an essential foundation of the Information Society, and as outlined in Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Communication is a fundamental social process, a basic human need and the foundation of all social organisation. It is central to the Information Society. Everyone, everywhere should have the opportunity to participate and no one should be excluded from the benefits of the Information Society offers."^[3]

The 2004 WSIS Declaration of Principles also acknowledged that "it is necessary to prevent the use of information resources and technolgies for criminal and terrorist purposes, while respecting human rights."^[4] Wolfgang Benedek comments that the WSIS Declaration only contains a number of references to human rights and does not spell out any procedures or mechanism to assure that human rights are considered in practice.^[5]

Main article: Hacktivismo

The digital rights group Hacktivismo, founded in 1999, argues that access to information is a basic human right. The group's beliefs are described fully in the "Hacktivismo Declaration" which calls for the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR) to be applied to the Internet. The Declaration recalls the duty of member states to the ICCPR to protect the right to freedom of expression with regards to the internet and in this context freedom of information.^[6] The Hacktivismo Declaration recognises "the importance to fight against human rights abuses with respect to reasonable access to information on the Internet" and calls upon the hacker community to "study ways and means of circumventing state sponsored censorship of the internet" and "implement technologies to challenge information rights violations". The Hacktivismo Declaration does however recognise that the right to freedom of expression is subject to limitations, stating "we recognised the right of governments to forbid the publication of properly categorized state secrets, child pornography, and matters related to personal privacy and privilege, among other accepted restrictions." However, the Hacktivismo Declaration states "but we oppose the use of state power to control access to the works of critics, intellectuals, artists, or religious figures."^[6]

In October 29 2008 the Global Network Initiative (GNI) was founded upon its "Principles on Freedom of Expression and Privacy". The Initiative was launched in the 60th Anniversary year of the Universal Declaration of Human Rights (UDHR) and is based on internationally recognized laws and standards for human rights on freedom of expression and privacy set out in the UDHR, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).^[7] Participants in the Initiative include the Electronic Frontier Foundation, Human Rights Watch, Google, Microsoft, Yahoo, other major companies, human rights NGOs, investors, and academics.^[8][9]

According to reports Cisco Systems was invited to the initial discussions but didn't take part in the initiative. Harrington Investments, which proposed that Cisco establish a human rights board, has dismissed the GNI as a voluntary code of conduct having any impact. Chief executive John Harrington called the GNI "meaningless noise" and instead calls for for bylaws to be introduced that force boards of directors to accept human rights responsibilities.^[10]

Internet police officer Chacha, one of the cartoon mascots of the Internet Surveillance Division of the Public Security Bureau in Shenzhen, China.

Main article: Internet censorship

Jo Glanville, editor of the Index on Censorship, states that "the internet has been a revolution for censorship as much as for free speech".^[11] The concept of freedom of information has emerged in response to state sponsored censorship, monitoring and surveillance of the internet. Internet censorship includes the control or suppression of the publishing or accessing of information on the Internet.

According to the Reporters without Borders (RSF) "internet enemy list" the following states engage in pervasive internet censorship: Cuba, Iran, Maldives, Myanmar/Burma, North Korea, Syria, Tunisia, Uzbekistan and Vietnam.^[12] A widely publicised example is the Great Firewall of China (in reference both to its role as a network firewall and to the ancient Great Wall of China). The system blocks content by preventing IP addresses from being routed through and consists of standard firewall and proxy servers at the Internet gateways. The system also selectively engages in DNS poisoning when particular sites are requested. The government does not appear to be systematically examining Internet content, as this appears to be technically impractical.^[13] Internet censorship in the People's Republic of China is conducted under a wide variety of laws and administrative regulations. In accordance with these laws, more than sixty Internet regulations have been made by the People's Republic of China (PRC) government, and censorship systems are vigorously implemented by provincial branches of state-owned ISPs, business companies, and organizations.^[14][15]

Groups such as the Global Internet Freedom Consortium advocate for freedom of information for what they term "closed societies". The Global Internet Freedom Consortium defines its mission as:

"...to build a pioneering online platform that breaks down the Great Firewalls blocking the free flow of information penetrating into, moving within, and originating from closed societies (e.g., China and Iran) via the Internet. This open, free, and resource-rich online platform will enable hundreds of millions of users, both inside and outside of closed societies, to share information and viewpoints freely without fear of reprisal and with protection of privacy. It will serve as a vehicle to inform, connect, and empower the people with information on a free Internet to effect positive social change."^[16]

• Directorate-General for Information Society and Media (European Commission)
• Free Information Infrastructure
• Freedom (philosophy)
• Freenet
• Information privacy
• Information wants to be free
• Internet privacy
• Transparency (humanities)
• Openness

• Mike Godwin, Cyber Rights: Defending Free Speech in the Digital Age