Has the Age of Digital Rights Arrived?

The recent European Union’s pioneering into data protection regulation has got me thinking. Now that mankind is in the Fourth Age, is it time to visit the idea of a legal framework for digital rights? What would they look like? Our current Bill of Rights grants a varying degree of individual freedoms while also limiting the government’s power to certain aspects. For example, the Second Amendment is very individual centered while the Eighth Amendment is more limiting governmental power. This contrasts from the Constitution somewhat because the Constitution says what the government is,and the Bill of Rights says what the government is notand what rights states and individuals maintains.

And with more and more of our lives, time, and everything else on the digital landscape should We the People invoke a Digital Bill of Rights? Short answer: probably not, but that doesn’t mean can’t apply existing law into a modern framework. And that’s because the government is public and digital is privately held so while it may be acceptable for the government to follow these rules, the digital landscape is still uncharted territory. I doubt we need a true new document entitled the Digital Bill of Rights. What is more probable is that either we will add regulation to the tech industry or a future Supreme Court may interrupt certain amendments, articles, and clauses and apply those to digital rights (some of what has already happen). Yet, privacy, freedom of information, government limitations, and protection are still valid concerns.

I think what I instead will propose are digital considerations we should examine when pondering digital rights, freedoms to and freedoms from. I have included my citation for where I think existing law already exists and applied that reasoning to a future problem we may encounter here in the Fourth Age.

Digital Considerations

Citizens have a right to be free from algorithmic discrimination. Citation 14thAmendment Equal Protection Clause and the Civil Rights Act of 1964.

Commerce should be regulated at the lowest level possible. Taxes on e-commerce pose a complicated wave of taxation in regard to location of the citizen vs location of the merchant. There should never be a double taxation on e-commerce. Citation Commerce Clause of Article 1 to the US Constitution.

Citizens preserve the right to due process when logging onto the Internet. Searches and seizures should be properly obtained when attempting to access a citizen’s online footprint. Citation the Fourth Amendment.

Facial recognition software should have oversight by other agencies; a check and balance system should be used to ensure proper ethical and legal obligations. Such technology does not grant a ‘Big Brother’ status to any level of government nor federal agency. Such power should only be used in matters of national or regional security. Citation the Fifth Amendment Clause on Self-Incrimination.

Citizens have a right to be forgotten and companies should honor a reasonable request to such. Outdated, false, or misleading information should have no present implications on citizens. Citation: Declaration of Independence statement on “Pursuit of Happiness.”