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> When discussing human rights I've never heard an argument before that the ability to host a personal website on a cellphone is a human right. But, by using t

by cvoss 3y ago

> When discussing human rights I've never heard an argument before that the ability to host a personal website on a cellphone is a human right. But, by using this phrase, you seem to be assuming your readers already agree with you that human rights is what we are discussing. As a rhetorical device, that may be effective at getting someone to back down for fear of being labeled as anti-human-rights, but it is not effective at persuading someone of your implied thesis. I'd very much like to hear such an argument connecting cellphone websites to human rights.

brigandish 3y ago
Most simply, you could start from the view that is the basis of English common law - that which is not explicitly forbidden is allowed. Your rights are not given, they exist prior to law, it is only for law to help define them for the purpose of upholding them. Hence, freedom is the default position, the default human right. What needs to be justified is the restriction, not the freedom. Without good justification the restriction should be removed. An example of unjustifiable restriction is "criminals may use it", as: a) your freedom should not be impinged on by the actions of others, especially malicious ones, and b) you are presumed innocent (the second, perhaps only in order of mention here, great principle of English law, if not culture. One that is sadly being undermined).
soulofmischief 3y ago
> I'd very much like to hear such an argument connecting cellphone websites to human rights. The argument is that individuals must have the right to modify their devices as they see fit, barring some reasonable FTC radio restrictions which are necessary to enable fair use. You can argue that nothing should compel a company, in a free market, to provide such a device. But the nature of human rights is that they must be defended vigilantly, or the entire industry and government will slowly move to exploit people. If you do not guarantee freedom of speech, companies will restrict it. If you do not guarantee freedom to repair or modify a device, companies will restrict it. At some point, these practices become inescapable for the end user and they effectively lose these freedoms while entirely skipping due process and the court of law.
- chrismcb 3y ago
  And yet, can't you do that (modify your device) at least on Android? Sure, maybe it means jailbreaking the phone. But as far so know, that isn't illegal.
  - soulofmischief 3y ago
    It's not guaranteed, and increasingly it is difficult to find devices which support this. In general the computing industry seems to be converging on locked-down ecosystems. Rights must be enforced, not left up to corporate goodwill.

by cvoss 3y ago

brigandish 3y ago

Most simply, you could start from the view that is the basis of English common law - that which is not explicitly forbidden is allowed. Your rights are not given, they exist prior to law, it is only for law to help define them for the purpose of upholding them. Hence, freedom is the default position, the default human right. What needs to be justified is the restriction, not the freedom. Without good justification the restriction should be removed. An example of unjustifiable restriction is "criminals may use it", as: a) your freedom should not be impinged on by the actions of others, especially malicious ones, and b) you are presumed innocent (the second, perhaps only in order of mention here, great principle of English law, if not culture. One that is sadly being undermined).

soulofmischief 3y ago

> I'd very much like to hear such an argument connecting cellphone websites to human rights. The argument is that individuals must have the right to modify their devices as they see fit, barring some reasonable FTC radio restrictions which are necessary to enable fair use. You can argue that nothing should compel a company, in a free market, to provide such a device. But the nature of human rights is that they must be defended vigilantly, or the entire industry and government will slowly move to exploit people. If you do not guarantee freedom of speech, companies will restrict it. If you do not guarantee freedom to repair or modify a device, companies will restrict it. At some point, these practices become inescapable for the end user and they effectively lose these freedoms while entirely skipping due process and the court of law.

chrismcb 3y ago
And yet, can't you do that (modify your device) at least on Android? Sure, maybe it means jailbreaking the phone. But as far so know, that isn't illegal.
- soulofmischief 3y ago
  It's not guaranteed, and increasingly it is difficult to find devices which support this. In general the computing industry seems to be converging on locked-down ecosystems. Rights must be enforced, not left up to corporate goodwill.