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" Rousseau the idea of a social pact, until its revival in the digital age"

By Romina Florencia Cabrera

He has always liked investigate and defend social meaning of life. Perhaps ... this I owe to my mother, Estela Gulizzi, psychologist, humanistic wide defender in his youth.

She, along with my dad taught me Hector Cabrera (must be on the paternal Greek origin), lawyer, love for knowledge and Human Rights. The valuable meaning of Freedom, Justice; respect for the rights of the underprivileged and sustainable development. And above all, the sense of "common good": cooperate together, to achieve a bit, a more positive society for all, where the inhabitants of this planet can be happier (some enlightened, with all due respect, I will discuss the concept of "Happiness" but I do not have enough wisdom to answer, and I do not mean to philosophize about it now).

 
As in the human body, the interrelation of all bodies is critical to the operation thereof; for a person to develop and have appropriate behavior in society, it is important to balance between the biological, psychological and social (the middle). Therefore, homeostasis is necessary that any system is integrated correctly, efficiently and effectively.

The doctrines of the social contract have had an important influence on political ideas and even in today's political life. Among them, the doctrine raised by Jean-Jacques Rousseau still has a particular impact on various topics in political, legal and even in recent institutions matter.

His work "The Social Contract" is a heavily read, studied and interpreted in reflection on various topics such as the fundamentals of society; the legitimacy of decisions; the general will; sovereignty, among others. However, many times that reading is done in isolation from the rest of his works, a fact which certainly prevents a broader political ideas expressed in the contract understanding.

Works as the "Discourse on the Arts and Sciences"; the "Discourse on Inequality"; the "Emilio or education"; "Considerations on the government of Poland"; the "Draft constitution for Corsica" or "political Fragments", despite having an essential content to understand their policy proposal are displaced in that study. Above all, a little-known but especially important to understand the complexity of the contract is found in the first version of the social contract also known as "Geneva Manuscript".

This manuscript is not a published work, is the draft of what will be the final version of the social contract. In various passages of works and letters reveals the existence of this draft, especially in the "Confessions" where Rousseau describes how the lack of time forced him to give up a larger project on policy. His justification was that these issues need much reflection, space and tranquility, circumstances that did not count.

It also considered that the ideas were there very daring for the time and the country in which he lived, in addition to finding evidence of the problems that come from the surprise that caused the draft to his friends. Even aware of the attacks made by the natural law, I would not communicate the content.

For these reasons Rousseau cut various parts of the manuscript not be published on the final version of the contract, we can even notice the removal of an entire chapter. The cut fragments refer to the interpretation of the social contract, ideas about the state of nature and the nature of man.

The manuscript, published in philosophical journals from other countries can be found on the web. It is interesting to approach this reading because it serves to complement ideas that seem vague in the contract. [1]

The World Commission on Internet Governance (GCIG, for short) was established in January 2014 to articulate and promote a strategic vision for the future of Internet governance.

 
In recent meetings, the Commission discussed the potential and harmful erosion

Internet confidence in the absence of a broad social agreement on safety standards and digital privacy. The Commission considers that for Internet remains a global engine of social and economic progress that reflects the cultural diversity of the world, it must be restored trust in the Internet. Internet should be open and be freely available to everyone in a secure environment. Thus, the Commission raises the need for all the stakeholders should collaborate and work together to adopt standards of responsible behavior on the Internet. On the occasion of the World Conference on Cyberspace in The Hague in April 2015, the Commission calls on the global community to build a new social pact between citizens and their elected representatives,

the judiciary, agencies for law enforcement and intelligence agencies, businesses, civil society and the Internet technical community in order to restore confidence and improve reliability on the Internet. [2]

At this point it is essential that governments, in collaboration with all other stakeholders, to take steps to generate the basic confidence that the right to privacy of people on the Internet will be respected. At the same time, it is essential to ensure the primacy of the law. Both objectives are not mutually exclusive, in fact, mutually reinforcing. Individuals and companies must be protected both from the misuse of the Internet by computer criminals and terrorist groups as overreaching governments and companies collect and use private data.

The proposed social pact should be based on a shared commitment of all stakeholders, both in developed countries and the least developed countries, to take concrete steps in their own jurisdictions in order to build trust and confidence in the Internet. The commitment to the concept of collaborative security and privacy must replace the long and sobrepolitizadas negotiations and conferences.

The following are the essential principles that the Commission promotes for the development of new social pact: [3]

    
Fundamental human rights, including the protection of privacy and personal data, should be protected online. The threats to these rights should be addressed by governments and other stakeholders acting within its own jurisdiction and cooperation.
    
The interception of communications, data collection, analysis and use of data on the Internet by agencies for compliance with the Act and intelligence should be made public purposes and prespecified, authorized by law (including International Law Human) and consistent with the principles of necessity and rights

proportionality. Purposes as obtaining political advantage or exercise of repression are not legitimate.

    
In particular, laws should be publicly accessible, clear, accurate, comprehensive and non-discriminatory, open and transparent generated for people and businesses. strong and independent mechanisms must exist so that accountability and respect for rights is guaranteed. Abuses should be subject to an appropriate remedy, with access to an effective mechanism to remedy the damage caused to persons whose right to privacy has been violated by any act of unlawful or arbitrary surveillance.
    
Businesses or other organizations that transmit and store data using the Internet should take more responsibility to protect such data from illegal intrusion, damage or destruction. Users of paid services or so-called "free services" offered on the Internet should know and have some alternative choice on all commercial uses for which they could exploit their data, without being excluded for that reason the use of software or the usual services that enable them to actively participate in the information society. Such companies must also demonstrate ability to accountability and provide redress in the case of a security breach.
    
Is necessary to reverse the loss of confidence in Internet product of the operation of a non-transparent market that collects, centralizes, integrates and analyzes vast amounts of private information of individuals and companies - a kind of private security service of "big data "which usually operates under the pretext of offering a free service.
    
In accordance with the Universal Declaration of Human Rights of the United Nations, communications must be considered inherently and private between the parties involved regardless of the communication technology they use. The role of government should be to strengthen the technology which depends on Internet and its use, not to weaken it.
    
Governments should not create or require third parties to establish "back doors" to access data that would undermine Internet security. They should be encouraged and efforts to make the Internet technical community incorporate solutions that improve privacy under the standards and protocols, including encryption end-to-end data in transit and at rest.
    
Governments, working in collaboration with technical, business and civil society, must help educate the public about best practices for computer security. They should also work together to improve training and software development taskforces worldwide to encourage the creation of more stable and secure networks worldwide.
    
The transboundary nature of many forms of computer intrusion attacked restricts the ability of the state to intercept, investigate and prosecute persons or organizations responsible for the intrusion. States should coordinate their responses and help each other in order to reduce threats, limit the damage and prevent future ataques.Esta offers the vision statement of the Commission on the issues in question and describes in detail the essential elements to achieve a social pact digital security and privacy.

The social pact for a digital society will require a very high agreement between governments, private corporations, individuals and the technical community level. Governments can provide leadership, but they alone can not define the content of the social pact. To achieve broad acceptance and agreement of all stakeholders participation of all stakeholders in the Internet ecosystem you will be needed. In principle it seems unlikely that a social pact of these features may be of universal nature, appropriate to the different economic and cultural realities, and this should not be the immediate goal to which devote ourselves. Internet is used and valued in all cultures and all borders. Sometimes, major attitude changes happen faster and in a more flexible way than might be possible through negotiated treaties or international legal instruments. Over time, national approaches can be recognized as international best practices and eventually acquire the status of customary international law. But that is still some years away and the speed of technological change requires flexibility and innovative solutions. The area of ​​intelligence associated with national security is particularly difficult to regulate because there are few international laws that govern it, but even that domain, largely secret, should be free of ethical and legal considerations.

The social pact will help create a new type of the term highlights a fundamental truth of the Internet "collaborative security and privacy.": ​​Each part of the digital ecosystem affects the other. Thus, the new social pact can not try to find the balance between human rights and privacy and interests of the state or commercial rights. This is to ensure that there is a framework within which each stakeholder has the responsibility to act not only for their own interest but also in the interest of the Internet ecosystem as a whole. By definition, the process should generate type win-win results instead of creating winners and losers. Effective safety, successful business models and human rights are mutually reinforcing in the long run. All actors must recognize and exercise their share of responsibility for the security and privacy on the Internet in collaboration with everyone else, or no one will succeed. [5]

In the end, all the players are interested that the Internet remains reliable as a common global resource: open, affordable, unrestricted and available to all as a safe means to generate more innovation. The government, business and civil society must work together towards that goal. [6]

The new social pact for Digital Society, involves the model of collaboration between the various sectors of the Internet Governance scheme (Company, State Academic Sector, Technical, Civil Society); strengthening the bonds of international cooperation and trust between the Member States of the Global Community. In this day and age where so many endogenous and exogenous threats endanger many projects, agreements and even factors such as credibility, security and stability of the scheme where the Internet is developed, there would be more than ever to emphasize the principles that lead us to believe and promote human rights, conceived within the United Nations and other international organizations (as was the stage Pos World War II), and defending more than ever democratic states that guarantee our rights and freedoms.

Terrorism, especially cyber-terrorism does not recognize borders, it is difficult to framework because it does not respect rules as any declaration of war; It is unpredictable, much more intensified and aims to change the world order towards a new way of living (according to their beliefs).

I will not dwell on this issue. All I wanted to rescue, is that you can not lose confidence or faith in the evolution of Internet scheme; I believe that respect for the rights, guarantees and duties, must be defended equally online and non-virtual life, because all the inhabitants of this planet are immersed in this technological phenomenon, and what best can be done, is move towards a more stable, reliable, supportive and more enjoyable not only for ourselves but for the future inhabitants of this planet future. I have no children, but if I did, I would like to enjoy the same freedoms that I enjoyed, or even more, to grow up in a world without so many prejudices, where the true concept of freedom, respect and tolerance develops.

[1] Grado Zero Press; a space for the dissemination of Social Sciences and Philosophy. "The manuscript of Jean- Jacques Rousseau Geneva". https://gradoceroprensa.wordpress.com/2015/05/15/el-manuscrito-de-ginebra-de-jean-jeacques-rousseau/ ">May 15, 2015. Website: https://gradoceroprensa.wordpress.com/2015/05/15/el-manuscrito-de-g...

Consulted on site: 15.05.2015.

[2] Global Commission on Internet Governance. "Towards a social pact for Security and Digital Privacy". 2015. Translation by AHCIET Ibero-American Association of Research Centers and Telecommunication Enterprises. http://ahciet.net/index.php/ahciet-al-dia.">Website :: http://ahciet.net/index.php/ahciet-al-dia. Site Consultation Date: 15.02.2015.

[3] Global Commission on Internet Governance. "Towards a social pact for Security and Digital Privacy". 2015. Translation by AHCIET Ibero-American Association of Research Centers and Telecommunication Enterprises. http://ahciet.net/index.php/ahciet-al-dia.">Website :: http://ahciet.net/index.php/ahciet-al-dia. Site Consultation Date: 15.02.2015.

[5] Global Commission on Internet Governance. "Towards a social pact for Security and Digital Privacy". 2015. Translation by AHCIET Ibero-American Association of Research Centers and Telecommunication Enterprises. http://ahciet.net/index.php/ahciet-al-dia.">Website :: http://ahciet.net/index.php/ahciet-al-dia. Site Consultation Date: 15.02.2015.

[6] Global Commission on Internet Governance. "Towards a social pact for Security and Digital Privacy". 2015. Translation by AHCIET Ibero-American Association of Research Centers and Telecommunication Enterprises. http://ahciet.net/index.php/ahciet-al-dia.">Website :: http://ahciet.net/index.php/ahciet-al-dia. Site Consultation Date: 15.02.2015.

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