Bridge over troubled water: An emerging right to access to the internet

This article is about the internet and its place in the current international legal order. The more precise inquiry concerns identifying the probable emergence of a legal entitlement, as opposed to the predominant focus on legal limitations or consequences of abuse of the right, to access to the in...

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Main Author: Qerim Qerimi
Format: Article
Language:Arabic
Published: Qatar University Press 2017-01-01
Series:International Review of Law
Subjects:
Online Access:https://185.37.108.12/index.php/IRL/article/view/1200
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spelling doaj-1c9aa780b8d5479e9b3c8149be05e0042021-09-06T11:02:06ZaraQatar University PressInternational Review of Law2710-25052223-859X2017-01-0120171Bridge over troubled water: An emerging right to access to the internet Qerim Qerimi This article is about the internet and its place in the current international legal order. The more precise inquiry concerns identifying the probable emergence of a legal entitlement, as opposed to the predominant focus on legal limitations or consequences of abuse of the right, to access to the internet. It seeks to identify the sources and shape of any such entitlement, along with investigating pertinent trends in political, legal, and judicial decision-making. It proposes the contents and contours of a right to access to the internet, which this article advances and expresses in terms of four As (availability, accessibility, affordability, and adequacy). These four concepts are tested against the real-world backdrop of existing tensions between free and unimpeded access, on one side, and claims and demands for protection of copyrighted material, on the other. The ultimate analysis is framed in terms of the existence or emergence of a “positive” or a “negative” universal right to access to the internet. Whereas the former appears to be rather limited (though emerging) and dictated by a variety of factors, a negative obligation, one that entails the absence of interference with, or impediment of, an individual’s existing or future access to the internet, has been established. https://185.37.108.12/index.php/IRL/article/view/1200human rightsinternational lawinformation and communications technologyinternetright to information
collection DOAJ
language Arabic
format Article
sources DOAJ
author Qerim Qerimi
spellingShingle Qerim Qerimi
Bridge over troubled water: An emerging right to access to the internet
International Review of Law
human rights
international law
information and communications technology
internet
right to information
author_facet Qerim Qerimi
author_sort Qerim Qerimi
title Bridge over troubled water: An emerging right to access to the internet
title_short Bridge over troubled water: An emerging right to access to the internet
title_full Bridge over troubled water: An emerging right to access to the internet
title_fullStr Bridge over troubled water: An emerging right to access to the internet
title_full_unstemmed Bridge over troubled water: An emerging right to access to the internet
title_sort bridge over troubled water: an emerging right to access to the internet
publisher Qatar University Press
series International Review of Law
issn 2710-2505
2223-859X
publishDate 2017-01-01
description This article is about the internet and its place in the current international legal order. The more precise inquiry concerns identifying the probable emergence of a legal entitlement, as opposed to the predominant focus on legal limitations or consequences of abuse of the right, to access to the internet. It seeks to identify the sources and shape of any such entitlement, along with investigating pertinent trends in political, legal, and judicial decision-making. It proposes the contents and contours of a right to access to the internet, which this article advances and expresses in terms of four As (availability, accessibility, affordability, and adequacy). These four concepts are tested against the real-world backdrop of existing tensions between free and unimpeded access, on one side, and claims and demands for protection of copyrighted material, on the other. The ultimate analysis is framed in terms of the existence or emergence of a “positive” or a “negative” universal right to access to the internet. Whereas the former appears to be rather limited (though emerging) and dictated by a variety of factors, a negative obligation, one that entails the absence of interference with, or impediment of, an individual’s existing or future access to the internet, has been established.
topic human rights
international law
information and communications technology
internet
right to information
url https://185.37.108.12/index.php/IRL/article/view/1200
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