In the 20th issue of the NetMission Digest, we will delve into the intersection of human rights and Internet governance, which has become a crucial issue in the digital age since the Internet continues to shape our societies, economies, and daily lives. The latest developments in this field highlight the ongoing challenges and opportunities in ensuring that the Internet remains a space that upholds fundamental human rights. This article explores some of the most pressing topics in human rights and Internet governance, including digital privacy, freedom of expression, digital inclusion, and the impact of emerging technologies.
Global Cybercrime Treaty Negotiations
One of the most significant ongoing discussions in 2024 is the negotiation of a global cybercrime treaty at the United Nations. This treaty aims to address the rising threat of cybercrime, including hacking, online fraud, and cyber terrorism. Building on the 2001 Budapest Convention, discussions for a comprehensive treaty gained momentum in the 2010s, leading to the UN General Assembly’s 2019 establishment of an Ad Hoc Committee to draft the treaty. Adopted in 2023, the treaty aims to harmonize national laws, enhance international cooperation, and provide technical assistance while safeguarding human rights.
However, the negotiations have faced significant hurdles due to concerns about balancing security measures with the protection of human rights. Human rights organizations like Access Now have voiced concerns that broad provisions in the treaty could lead to the criminalization of political dissent and undermine due process standards. The latest session in February 2024 did not result in a finalized draft, with calls for stronger human rights safeguards continuing to be a major point of contention.
Regulation of Big Tech
The United States Supreme Court’s decision to uphold Section 230 of the Communications Decency Act has reignited calls for more stringent regulation of Big Tech companies to protect human rights. Amnesty International highlights the role of unregulated algorithms in spreading disinformation and inciting ethnic violence. UN Secretary-General António Guterres has emphasized the need for robust regulatory frameworks to prevent these algorithms from controlling public discourse and to hold companies accountable.
This push for regulation is crucial to prevent human rights abuses, such as those experienced by the Rohingya community in Myanmar. In the Asia-Pacific (APAC) region, this movement influences local governments and organizations. For instance, India’s IT rules mandate grievance officers for social media platforms, Australia’s News Media Bargaining Code requires tech giants to pay for news content, and Singapore’s POFMA targets online falsehoods. These measures aim to address Big Tech’s impact on regional issues, promote digital safety, and safeguard human rights in the interconnected digital landscape.
Surveillance and Privacy Concerns
The rise of surveillance technologies and AI in law enforcement and border control has heightened human rights concerns, particularly regarding privacy, discrimination, and transparency. In response, several regions have enacted or are developing regulations to address these issues. The EU’s GDPR and the forthcoming AI Act establish stringent standards for data protection and the ethical use of AI, mandating transparency and fairness.
In the U.S., states like California have implemented data protection laws, and federal proposals aim to regulate facial recognition technology. China’s Personal Information Protection Law (PIPL) and India’s Personal Data Protection Bill address data privacy, though concerns about state surveillance persist. There is also a growing emphasis on ethical AI guidelines and human rights impact assessments to ensure technologies respect privacy and prevent discrimination. International efforts, such as the Global Partnership on AI, are fostering global cooperation to create unified standards for the ethical use of AI. Balancing the benefits of these technologies with robust human rights protections remains crucial.
Internet Governance Forum Controversy
The 2024 Internet Governance Forum (IGF) has become a point of controversy due to its scheduled location in Saudi Arabia. Numerous human rights organizations, including the Committee to Protect Journalists (CPJ), have called for the relocation of the forum, citing Saudi Arabia’s poor track record on press freedom and human rights.
Saudi Arabia has a history of suppressing free speech, including the imprisonment and persecution of journalists and activists who criticize the government. This is exemplified by the murder of journalist Jamal Khashoggi, which drew global condemnation and highlighted the country’s intolerance for dissent. This controversy also resonates with concerns from the LGBTQ community. Saudi Arabia has stringent laws and social norms that severely restrict LGBTQ rights, and the country has been criticized for its treatment of LGBTQ individuals, including legal penalties and societal discrimination. including restrictions on LGBTQ rights. Therefore, the community argues that hosting the forum in a country with such restrictive laws undermines the IGF’s commitment to inclusivity and human rights.
On the other hand, youth, who are often at the forefront of advocating for progressive changes and human rights, face a dilemma: whether to boycott the event in solidarity with those affected by Saudi Arabia’s restrictive laws or to attend and use the platform to raise awareness and advocate for change. For youth, particularly those from marginalized communities, this controversy presents both a challenge and an opportunity. While some may feel unsafe or unwilling to attend, it is crucial to actively engage in alternative spaces where they can voice their concerns and advocate for inclusive policies.
The implications are significant: the controversy highlights the importance of selecting host countries that align with the IGF’s values of openness, inclusivity, and respect for human rights.
Conclusion
The ongoing developments in 2024 underscore the critical need for a balanced approach to Internet governance that prioritizes human rights. Whether it’s through negotiating international treaties, regulating Big Tech, or ensuring the ethical use of AI, the global community must work collaboratively to address these complex issues. Ensuring robust human rights protections in all aspects of Internet governance remains a paramount challenge and necessity.
What are we reading and listening?
- Our chief editor, Jenna Manhau Fung, is currently reading “After the Fall: The Rise of Authoritarianism in the World We’ve Made” by Ben Rhodes. The book explores the growing authoritarianism across the world and examines the declining democracy of the United States.
- Our writer, Nawal Munir, has been exploring the complexities of AI policy and recently found the “Lawfare Daily: AI Policy Under Technological Uncertainty“ podcast particularly insightful. A thought-provoking listen for anyone interested in the future of AI governance and its impact on society.
Written by Nawal Munir Ahmad (Reviewed and Edited by Jenna Manhau Fung and Ankita Rathi)