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Association and Assembly in the Digital Age.

Authors :
Rutzen, Douglas
Zenn, Jacob
Source :
International Journal of Not-for-Profit Law. Dec2011, Vol. 13 Issue 4, p53-69. 17p.
Publication Year :
2011

Abstract

In this paper, we explore the connection between new technology and fundamental freedoms, specifically the rights to freedom of association and peaceful assembly. We examine how autocratic governments are increasingly targeting Facebook groups, social networks, and online communities - in other words, associational activities occurring on the Internet. We argue that many of these groups are protected "associations" under international law. We address the physical proximity argument, demonstrating that it is not required for individuals to meet in person in order to exercise their freedom of association. We also argue that the freedom of assembly protects groups that may not technically qualify as "associations" under international law. We recognize that this is not the first time international law has had to grapple with new technology. We consider, for example, the case of the photocopier - last century's great innovation to spread the written word. We examine the response of the Organization for Security Co-operation in Europe (OSCE) in 1990, which provides a model for reaffirming fundamental freedoms in the digital age. We conclude by arguing that longstanding commitments require states to respect the exercise of fundamental freedoms enabled by new technologies, including the Internet, mobile networks, social media, and technologies arising in the future. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
15565157
Volume :
13
Issue :
4
Database :
Academic Search Index
Journal :
International Journal of Not-for-Profit Law
Publication Type :
Academic Journal
Accession number :
69828352