세계 사이버 인권 선언문 (영문)

Draft Proposal:

Declaration of Human Rights in Cyberspace



On December 10, 1948 the General Assembly of the United Nations
adopted and
proclaimed the Universal Declaration of Human Rights. In 1998,the w
orld celebrates the
10th annual Digital Be-In in San Francisco.

Here, we offer our draft proposal of a Declaration of Human Rights
in Cyberspace,
based on the principles of the Universal Declaration. We offer this d
ocument for debate
and discussion, and as a potential voluntary pledge which individuals
and organizations
can take with regard to their own policies and actions in the global
communications
network.

You are invited to participate in our discussion forum about this doc
ument and also to
bring it to the attention of individuals, companies, social organization
s and political groups
you are connected with. By involving ALL who use the Net or who
may have the need
or desire to do so in the future, we can make cyberspace a place th
at fosters the best of
human thought and ideals.


PREAMBLE

Whereas recognition that the Internet and its related networks repres
ent an open avenue
for potential improvement of the human condition, including freedom,
justice, equality,
and peace worldwide,

Whereas the transition from a property-based to information-based s
ociety creates a
new power structure that also has the potential to oppress and explo
it those lacking skills
or access to information and communications tools,

Whereas certain geographical governments and other non-governmen
tal organizations
have attempted to assert their authority and values over this unchart
ed, non-localized
place, subjecting it to their specific rules, laws, and values, in many
cases disregarding
the difference in cultural backgrounds, religious beliefs, or economic
circumstances of its
inhabitants,

Whereas it is recognized that each person has certain inalienable rig
hts by virtue of their
humanity, those being enumerated in the Universal Declaration of H
uman Rights (UN
Gen. Assembly, 1948), especially as relates to the advent of a world
in which human
beings shall enjoy freedom of speech and belief and freedom from fe
ar and want has
been proclaimed as the highest aspiration of the common people,

Whereas it is essential, in a globally networked information society t
hat fundamental
human rights extend to embrace access to education and connectivit
y, and that these too
should be protected by the rule of law,

Whereas it is vital to promote the dissemination of information, as a
resource which
when shared, is multiplied, rather than divided between its possessor
s,

Whereas the peoples of the various communities of cyberspace do he
rein affirm their
faith in fundamental human rights in the dignity and worth of the h
uman person and in
the equal rights of men and women and have determined to promote
social progress and
better standards of life in larger freedom,

Whereas a common understanding of these rights and freedoms is of
the greatest
importance for the full realization of this pledge,

Now, therefore,

We, the citizens of cyberspace

proclaim

THIS DECLARATION OF HUMAN RIGHTS in CYBERSPACE as
a common
standard of achievement to the end that every individual and every
organization of the
information infrastructure, keeping this Declaration in mind, shall stri
ve by teaching and
education to promote respect for these rights and freedoms and by p
rogressive
measures, online and in the physical world, to secure their universal
and effective
recognition and observance, among service providers, individual and
organizational users,
and the institutions of humanity at large.


Article 1.

The ideas and expressions of all human beings deserve an equal opp
ortunity to be
expressed, considered, and shared with others, at the discretion of th
e originator and the
receiver, directly or indirectly.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without
distinction of any kind, such as race, colour, sex, language, religion,
political or other
opinion, national or social origin, economics, birth or other status. Fu
rthermore, no
distinction shall be made on the basis of the political or physical juri
sdiction, nor of their
method accessing the network.

Article 3.

Everyone has the right to privacy, anonymity, and security in online
transactions.

Article 4.

Disclosure of personal information shall not be coerced by service pr
oviders nor sites,
and when required, should be accomplished with informed consent.

Article 5.

Without prior agreement, no one should be subjected to unsolicited
mass email,
server-clogging file-attachments, or invasive applets.

Article 6.

While everyone has an equal right to access information or enter co
mmunities on the
Net, continuing participation in those communities should be continge
nt upon behavior
standards developed and expressed within those communities.

Article 7.

Existing laws such as those protecting minors and consumers apply
to cyberspace as
well as the physical world, however prosecution may depend on agre
ements between
geographic jurisdictions. Such agreements must respect the fundame
ntal rights of the
individual, regardless of the legal system under which they live.

Article 8.

Everyone has the right to an effective remedy at law for violations
of their rights,
freedoms, or for fraudulent misappropriation of funds or information.

Article 9.

No one should be subjected to arbitrary surveillance of either conten
t or association
online.

Article 10.

Everyone is entitled in full equality to a fair and open hearing by an
independent and
impartial tribunal, in the determination of rights and obligations and
of any criminal
charge against him or her.

Article 11.

Everyone has the right to a basic level of information access via pu
blic institutions and
service providers.

Article 12.

Everyone, everywhere has the right to choose a privacy technology t
o protect their
communications and transactions, and should not be subject to prose
cution for the nature
of that technology.

Article 13.

Everyone has the right to freedom of thought, conscience and expres
sion; this right
includes freedom to change those beliefs, and freedom, either alone o
r in community
online, to manifest belief or religion in teaching, practice, worship an
d observance. No
one should be subject to harassment or prosecution for the expressio
n of their views.

Article 14.

Everyone has the right to choose the service provider they prefer, a
nd to change
providers as they see fit. Those unable to pay for service have the
right to choose from
"free" and "public" services, regardless of their locality.

Article 15.

No one should be arbitrarily deprived of his access or email account,
nor be subjected to
unreasonable terms or changes in service.

Article 16.

Everyone has the freedom to choose whom he or she will associate
with online. No one
should be compelled to belong to a community or visit sites not of t
heir choosing.

Article 17.

Each person's personal information and information about their activi
ty online is valuable
private property, under the control of the individual generating it. Ev
eryone has the right
to determine the value of that property for themselves, and choose t
o disclose or
exchange it as they see fit.

Article 18.

Everyone has the right to form communities of interest , affinity, an
d function.

Article 19.

Everyone has the right to education in new technologies. Public insti
tutions should offer
courses in basic applications as well as online communications for al
l. Special
consideration should be given to the poor, the elderly, and those mos
t in need. Education
should be directed to the empowerment of the individual, to strength
en self-esteem, to
foster independence.

Article 20.

Parents have a right and responsibility to guide the online experienc
e of their children
based on their own views. No agency or institution has the right to
supercede parental
choices in this regard.

Article 21.

Everyone has the right to distribute his or her literary, artistic, or s
cientific work online,
with reasonable expectation of protection for copyrighted material.

Article 22.

Everyone is entitled to a social order in cyberspace in which the rig
hts and freedoms set
forth in this Declaration can be fully realized.

Article 23.

Everyone is responsible for his or her actions and expressions, and i
s entitled to the
credit or condemnation stemming therefrom.

Article 24.

Nothing in this Declaration may be interpreted to imply authority to
any State, group or
person to enforce or interfere with these principles. No entity has th
e right to perform
any act aimed at the destruction of any of the rights and freedoms
set forth herein.

Drafted by Robert B. Gelman
November 12, 1997