Sunday, February 21, 2010

[rough draft only] Legislation: Free Speech & the Internet

A Bill: Internet: Free and Equal Access Guarantee
Whereas, when the Constitution was written, the power of communication through electronic media and particularly the Internet was entirely unimaginable.

Whereas, if free speech is to have any meaning at all it must include guaranteeing the right of free speech to communication through electronic media and particularly the Internet.

Whereas, with the elimination of the linkage of free speech and the ability to purchase the means of communicating that speech, the Internet becomes the most logical public space to allow the free flow of information on issues of public interest which does not involve any immediate cost or ability to use money to control it.

Whereas, due to this growing importance of the Internet it is incumbent on the federal government to be proactive in making the Internet one of, if not the major media for the exchange of information involving the public interest and especially elections and ballot issues.

Therefore, be it resolved that –

A. The term “Internet” shall mean what is also referred to as the “World Wide Web” or the systems of communication known as the Internet outside the limits of a private website, blog, or other “Internet province” belonging to individuals or organizations which now exists or in the future may exist.

B. Free speech on the Internet shall be guaranteed in terms of both content and cost.

C. No company may charge fees [other than the nominal connection fee for an Internet Service Provider] or otherwise limit Internet access to a specific class or group of people including levels of service, the speed at which information is transmitted or in other ways not yet conceived or technologically available at this time.

D. The federal government shall provide access without an ISP fee to those who cannot afford Internet access without said assistance.

E. Access to the Internet shall not be limited or abridged in any way that restricts the ability to send and receive information, and communicate on an equal basis

1. Commercial interests are specifically forbidden to create barriers to the flow of information over the Internet or on any Internet province belonging to other individuals or organizations, or to inject any content including but not limited to advertising or cookies in any space which they do not own.
2. The only exception being within the limited context of their own Internet province owned by them and dedicated to commercial use by their clients or customers.


F. The Right of Privacy: “Data mining” or the collection or storage of personal information on the Internet without their direct and clear authorization is forbidden in all circumstances

1. Recording the purchases and interests of customers on their own website is allowed for the internal use of the company owning that website and “targeting” advertising to that specific customer only if they so agree in advance.
2. An “unsubscribe” button must always appear clearly at the bottom of each page of all Internet communication.
3. Under no circumstances may personal information of any kind gathered on one Internet province be given or sold to any other individual or entity

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