Law in the Internet Society

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AmayGuptaSecondEssay 4 - 01 Mar 2020 - Main.EbenMoglen
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 While cultural relativism and country-specific norms should be taken into account when it comes to assessing the role of privacy in society, I do believe that states have obligations to allow individuals to effectively communicate messages. Classifying the right to keep data private as a fundamental civil and political right makes sense because unlike economic and social rights, which are resource contingent, freedom of expression is absolute and can be implemented by every citizen towards one another (a negative rights conception with no duty bearers). When individuals cannot pursue free expression while fighting for these rights, their liberty interests, which have zero cost (although governments may disagree), are infringed. Lawmaking bodies should realize that recent infringements on the liberty of freedom of expression are plainly efforts to transform the negative right of privacy to a positive right, ones which governments bestow on their own terms. Because the ability to express thought is being infringed, there should be a stronger push to engage the citizenry to resist government abuse. While data transparency is not a new idea, I do believe that discussions related to data privacy should shift from those that discuss privacy in a vacuum from human freedom and democratic institutions to ones that incorporate the canon of international law to monitor abuse.
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There still is no outline below the top level. Paragraphing does not exist: each section is one indeterminate lump. Within that lump, sentences are still jumbled without interrelationship. Organizational improvement is the key to improving your writing overall.

Unclear writing both leads from and back to unclear thinking. As an example, the large idea here is that international human rights principles should be represented and protected in states' domestic data privacy law, at least so far as that law purports to regulate state activity. (That this is the least of the general impetus towards data privacy legislation isn't mentioned or analytically considered.) But this idea is presented as an alternative to the domestic focus of domestic legislation, where—unless only human rights-related principles are relevant—is not a coherent frame. An introduction which actually introduced your idea clearly and tersely, would have surfaced that problem and changed the flow of the draft.

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.

Revision 4r4 - 01 Mar 2020 - 14:22:51 - EbenMoglen
Revision 3r3 - 01 Feb 2020 - 22:34:56 - AmayGupta
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