Digital Bill of Rights

 Definitions

User - A User shall henceforth, for the purposes of this Declaration, be defined as any human or non-human entity accessing, transmitting, or manipulating in any manner information or physical objects by means of a telecommunications device or any device able to receive, transmit, or manipulate data over a network.

Data - Data, shall henceforth, for the purposes of this Declaration, be defined as any information lawfully accessible by means of a telecommunications device or any device able to receive, transmit, or manipulate data over a network.

Intermediary - An Intermediary shall henceforth, for the purposes of this Declaration, be defined as any entity which:

Provides a service to one (1) or many Users of the Internet, regardless of whether such service(s) is/are rendered at the expense of its Users, or 

Provides one (1) or many Users access to the Internet.

Network Neutrality - The principle that the ability of a User to access, transmit, receive, and/or manipulate data or physical objects in any manner by means of a telecommunications network, or any device able to receive, transmit, or manipulate data over a network, shall not:

a.     be limited due to protocol, nor

b.    be limited due to source of data transmission, nor

c.     be limited due to destination of data transmission, nor

d.    be limited due to content of data

Anonymous Network - An Anonymous Network shall henceforth, for the purposes of this Declaration, be defined as any service provider that does not log network traffic.

Article I: Free Flow of Information

This principle defines the right of all Users to create, add and access all data on the Internet without censorship. It acts as a critical protection of our Right to Free Speech and is the foundation of a free and open society.

 Section 1: Right to Network Neutrality

We, the Users of the Internet, declare that no entity which provides access to the Internet may charge excessive fees based on: 

the websites a User accesses, and/or the protocol used to transmit, receive, and/or manipulate data.

We believe that by charging fees per website visited and/or protocol used, such entities hinder innovation and limit not only the creation of new industries and markets, but also limit Users’ right to Freedom of Speech, their right to Freedom of Expression, and their right to freely and openly access information.

 Article II: Freedom of Speech and Expression

            We, the Users of the Internet, declare, in accordance with Article 19 of the Universal Declaration of Human Rights, which states:

"Everyone has the right to freedom of opinion and expression; this right includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers."

That all Users have the rights of Freedom of Speech and Freedom of Expression and may exercise these rights on the Internet without fear of repercussions from any entity.

 Section 1: Right to Anonymity on the Internet

All Users have the right to anonymity while on the Internet. This includes the right to create, maintain and use Anonymous Networks. Anonymity acts as a shield from the tyranny of the majority and is essential in protecting journalists, human rights activists, and political dissidents. Therefore:

Anonymous networks shall not release, share, nor disclose any personal information about their Users, and

Anonymous networks shall not create or maintain user logs.

 Section 2: Right to Freedom from Censorship

We, the Users of the Internet do declare that censorship of the Internet in any form, by any human or non-human entity, is a violation of our right to unrestricted access to information. Forms of Internet censorship include, but are not limited to:

Tiered and/or metered Internet service 

Restriction of Internet access for any reason. 

 Subsection 1: Tiered and/or Metered Internet Service

This section pertains to the right to Network Neutrality. Data received from any human or non-human entity connecting with the Internet or other public networks shall be impartially transmitted with no undue preference based on:

a.     the source of the data,

b.    and/or the destination of the data, and/or

c.     the content of the data,

excepting any data which contains time-sensitive communications such as real-time voice and/or video, in which case the impartiality of communications which are similar in nature may still be assured.

 Subsection 2: Restriction of Internet Access for Any Reason

 The right to connect is synonymous with the right to peaceful assembly as defined in the Universal Declaration of Human Rights, Article 20, which states:

“Everyone has the right of peaceful assembly and association.”

Therefore, no human or non-human entity shall prevent any User from connecting to the Internet, nor prevent any User from connecting to any website hosted on the Internet, nor prevent any User from connecting to any other User on the Internet.

 Subsection 3: Copyright  

We, the Users of the Internet, declare that when copyright is unreasonably applied and/or fraudulently claimed, it is a form of censorship. Current copyright laws are a threat to both human rights and innovation.

 Article IV: Right to Privacy

 We, the Users of the Internet, in light of the many grievous breaches of User privacy by corporations and governments alike, do declare that all Users have the Right to Privacy. We establish that the Right to Privacy includes, but is not limited to:

The Right to Data Security

The Right to Freedom from Surveillance

The Right to Utilize Encryption

The Right to Freedom from Forced Decryption and Forced Disclosure of User Credentials.

 Section 1: Right to Data Security

 All Users shall have:

Knowledge of what User data, whether personally identifiable or otherwise, is being collected from them by any human or non-human entity and for what purpose such data is being collected, and

an option to opt-out of all aspects of such data collection, and

the assumption that all User data being collected is secure, encrypted and only accessible to governments if the proper warrants have been legally produced before such government is given access to the data.

 Section 2: Right to Freedom from Surveillance

 All users must be able to communicate freely without the threat of surveillance by any government or corporation.

 Section 3: Right to Utilize Strong Encryption

 All users have the right to the use of strong encryption methods and algorithms to ensure privacy in their communication and online activities. Therefore: No government shall prohibit the use of strong encryption methods and/or algorithms by any User or Intermediary.

 Section 4: Right to Freedom from Forced Decryption and Forced Disclosure of User Credentials

No human or non-human entity shall force a user to disclose information used to encrypt data, decrypt data, or otherwise access data or any service containing the User’s private information.

 Article V: Copyright

 Section 1: Duration of Copyright

 For all newly created works with a creation date that is on or after January 1, 2012, the creator of the work shall be granted copyright on the work for a period of fifteen (15) years from the date of creation.

For all works with a creation date that is on or before December 31, 2011, the creator of the work shall be granted copyright on the work for a period of twenty-five (25) years from the date of creation, unless the copyright was sold to a corporation, in which case the copyright shall be valid for:

fifteen(15) years, or the difference of the maximum of twenty-five (25) years less the amount of time that the original copyright holder held copyright over the work, whichever is less. When a copyright has expired, the work shall move into the Public Domain.

 Section 2: Works in the Public Domain

 No work in the Public Domain may be copyrighted by any entity.

 Article VI: Patents

Section 1: Duration of Patents

Any patent related to the use of the Internet, its data, hardware, and/or software shall be limited to five (5) years. An idea may only be patented during its first period of active development. If such idea is implemented by its creator in any form, or if such idea is dropped from active development, it shall be moved immediately to the Public Domain.

 Section 2: Patents in the Public Domain

Ideas in the Public Domain may not be patented by any entity.

 Article VII: Culpability

 Section 1: Residency

 No User shall be tried for crimes involving the Internet, except in the User’s country of location at the time of commission of the crime.

 Section 2: Exceptions to Copyright Infringement

 A User shall not be liable for copyright infringement if:

 the copyrighted work is not being used by the User for monetary gain, and/or

the copyrighted work cannot be obtained legally in the User’s country of residence at the time of accused infringement.

If a copyrighted work was not previously available in a legal way, whether in physical or digital form, and the copyrighted work becomes legally obtainable in physical or digital form, all uploaders in the country where such copyrighted material has been made available shall have a period of one (1) week to take down their uploaded copy from the Internet.

 Section 3: Penalties for Copyright Infringement

 The penalty for copyright infringement shall be limited to the retail price of one (1) copy of each infringed item. No entity accused of copyright infringement, nor found guilty of copyright infringement, shall be imprisoned solely for copyright infringement.

 Section 4: Intermediate Liability

No Intermediary shall be held liable for the actions of its customers, nor shall any Intermediary de-facto censor its customers.