domingo, julho 08, 2012

a Internet está segura com o Estado (14)

No seguimento de a Internet está segura com o Estado (13), Net Neutrality: Two Concepts of Liberty:
This ongoing debate has many legal and policy elements, but it seems to come down to an old philosophical divide involving differing conceptions of liberty. In his famous lecture, analytic philosopher Isaiah Berlin described the two concepts of liberty as negative and positive. To simplify, negative liberty is freedom from external inteference. Positive liberty, on the other hand, is freedom to do something, which includes having the power and resources necessary to do that something.
Proponents of net neutrality promote a positive conception of liberty. Opponents of net neutrality promote a negative conception. As a result, the two sides talk past each other. Proponents argue that end-users should have the ability to access anything on the internet by using the networks provided by ISPs. This is a freedom to surf the internet. Opponents argue that the ISPs have a right to manage their networks, just as one would have the right to manage one’s own property according to the terms and conditions one chooses. This is a freedom from external interference with one’s network management.
With few exceptions, our Constitutional rights embody the negative conception of liberty. This includes the right of free speech protected by the First Amendment. Unless there is state action involved, one would not be able to bring a successful First Amendment challenge against another person for stopping them from speaking. For instance, I have the right to kick you out of my home for something as menial as saying the word broccoli, and this would not violate your right to free speech under the Constitution’s negative conception of liberty. My right to property trumps your right to speech, which is really your right to use your property (your voice, tongue, etc.) to say what you want insofar as it does not invade my property right.

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