Digital Rights
1. A Quick Overview
Unfortunately, it seems beyond the comprehension of Washington to properly adapt our rights to the digital realm. There are flip phones in the Capitol.
Big data knows everything about us and we cannot demand they delete that private information. This is akin to spying without a warrant; a clear violation by public and private institutions of the warrant clause.
In many states, the speed of your website depends on your ability to bribe a utility. The FCC rid us of net neutrality, in essence monopolizing the internet for the rich and powerful. Comcast can slow the loading of the Free Republic of California website and speed up the Heritage Foundation site if they see fit. This is the contemporary burning of books. It is an infringement on our free speech in the biggest town square in the world.
On the same token, the web cannot be a theater in which to yell ‘fire’. As with non-digital free speech, certain limitations are necessary for the collective good and should not be determined by private corporations. We cannot allow for the development of hate, violence and acts of terror.
We must defend our critical rights in the digital realm, or eventually all will be lost.
Our Constitutional right to privacy is a start. Article 2, Section 4 states:
Privacy, honor and the sanctity of the home are guaranteed. The right of people to be secure in their persons, houses, documents, data (digital or otherwise), recordings, and effects against unreasonable search and seizure shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation and approved by the appropriate judicial overseer.
This clause adds ‘data’ to the realm of privacy. The drafters of the U.S. Constitution could not predict the need for data protection (nor the idea of a computer, or flight, or equality). Having data clearly articulated allows for corporate data mining to be contested on Constitutional grounds immediately.
Access to government information via easily accessible digital means is also mandated in Article 2, Section 5:
Freedom of speech is guaranteed to all. Freedom of speech entails the right to express, disseminate and receive information, opinions and other communications without prior restraints or other interference by any individual or entity. The press shall be expressly protected herein and provided all reasonable government access to information and officials.
Documents and recordings in the possession of the authorities are public, unless their publication has for compelling reasons been specifically restricted by Act. Everyone has the right of access to public documents and recordings, which shall be accessible physically and digitally in the most convenient of manners feasible.
Lastly, in terms of net neutrality and internet fairness, the State of California has taken up for the U.S. federal negligence via the California Internet Consumer Protection and Net Neutrality Act of 2018. This Act protects Californians and would remain under the Free Republic of California Constitution, which allows for former laws that are applicable and do not conflict with the Constitution to continue under Article 1, Section 1:
At the time of adoption of this Constitution, the laws of the former state of California, as well as, United States (“U.S.”) federal laws shall be adopted by California, insofar as they were in-use, applicable to and not in conflict with this Constitution. The hierarchy of controlling laws shall be: (1) this Constitution, (2) the laws and acts of California, (3) adopted former state laws, and (4) adopted U.S. federal laws. With all laws and acts, courts shall look to the common law interpretation of said laws whether in California courts or previously in U.S. federal and state courts for precedent in legal analysis and ruling.
The internet shall be protected! This is great news because you’re reading this on the internet right now.
2. Influence Your Representatives
Here is some suggested text to use:
Dear _______________,
You’re reading this request via the internet. Tonight, you may order your staff pizza using an application on your phone. Tomorrow, you may pay your mortgage with another application.
For better or worse, the internet guides all interactions in our society. It is the town square, the marketplace and the newspaper. It needs to be protected and regulated at a level commensurate with its influence.
It is the duty of the federal government to ensure an individual’s right to privacy is respected, free speech is protected and hate speech is restricted.
Please consider reinstating net neutrality, media and advertising regulations for sites acting as media outlets and consumer protections for the citizenry. As a start for your attorneys, please refer to the California Internet Consumer Protection and Net Neutrality Act of 2018 and the General Data Protection Regulation of the European Union and The Constitution of the Free Republic of California.
Sincerely yours,
X
