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Dictating the Internet:
This makes it imperative that we ensure that human rights principles and
tools are taken into account now.
There are a few final points worth making in this regard.
First, the internet has enabled unprecedented flows of information
at the global level such that domestic laws infringing on free expression
or information in one country necessarily affect the rights of individuals
elsewhere. Decisions and technologies affect people across borders, such
as when a person in Rakhine State in Myanmar cannot communicate with a
relative in Malaysia in the midst of an internet shutdown, or when a journalist
based in Estonia is charged for releasing an article deemed “prejudicial to
the security of Singapore”. Meanwhile, strict regulation of information online
in one country or data localization requirements in another could expose
individuals to legal vulnerabilities or physical violence for speech made in
an entirely different national jurisdiction.
Secondly, the internet has enabled vast data collection and
preservation, which has made exploiting information easier by providing
sheer amounts of data to authorities trained in data analytics techniques.
‘Likes’ or ‘shares’ on social media platforms now disseminate content with
much more rapidity than distributing or disseminating newsletters deemed
“prejudicial to the State”. Online platforms can now, for example, circulate
a video deemed “insulting to the King” through multiple fora within minutes
without even the owner of the platform knowing or realizing. While big
data has the potential to fuel positive strides forward in development of
technologies to enhance human living – through improving communications,
health, education or transport for example – it can also be manipulated or
misused by States to surveil, control and violate the rights of individuals.
Thirdly, legal frameworks enabling control and regulation of the
internet covered in this paper all operate to create an unequal playing
field between governments and individuals. Individuals can be targeted
and controlled online and deprived of internet access, while governments
are free to release any information online, false or otherwise, and do with
individuals’ data whatever they deem “necessary” or “appropriate” under the
guise of “national security” or “public order”. An ordinary individual has few
resources to ascertain or even understand the full extent of the information
available about them online, and can be easily targeted for something said
or posted years prior. An internet shutdown is the most extreme example
of this imbalance of power over data and information.