Comments on: The Internet as a Fundamental Right? http://www.slaw.ca/2010/03/12/the-internet-as-a-fundamental-right/ Canada's online legal magazine Thu, 09 Feb 2012 17:45:18 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: John G http://www.slaw.ca/2010/03/12/the-internet-as-a-fundamental-right/comment-page-1/#comment-729035 John G Fri, 12 Mar 2010 20:54:54 +0000 http://www.slaw.ca/?p=18321#comment-729035 Some country's courts have also found that an Internet connection is a human right, or at least an important enough right that it cannot be taken away arbitrarily. This issue comes up in the discussions in various countries of 'three strikes' rules, that would allow or require the disconnection from the Internet of someone who has illegally downloaded (or uploaded) copyrigh material three times (getting warnings after the first two). The design of such systems varies, and the amount of judicial oversight or evidence of illegality of the behaviour. For example, France had to redesign its law when the Constitutional Court said people could not be cut off without a court order. Whether this character as a 'human right' influences the desirability of a three-strikes rule or just its design may be open to debate. Some country's courts have also found that an Internet connection is a human right, or at least an important enough right that it cannot be taken away arbitrarily. This issue comes up in the discussions in various countries of 'three strikes' rules, that would allow or require the disconnection from the Internet of someone who has illegally downloaded (or uploaded) copyrigh material three times (getting warnings after the first two). The design of such systems varies, and the amount of judicial oversight or evidence of illegality of the behaviour. For example, France had to redesign its law when the Constitutional Court said people could not be cut off without a court order.

Whether this character as a 'human right' influences the desirability of a three-strikes rule or just its design may be open to debate.

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