Discussions about privacy and personal sovereignty in social networks should start with general questions. What is privacy in the context of the human presence in cyberspace? What constitutes personal sovereignty in the digital world? Could a social network have something like sovereignty? Who will defeat whom – a whale or an elephant – if a whale is a network, and an elephant is a state?
We know that the inviolability of private life is a fairly traditional, “analogue” human right, which is guaranteed by the constitutions of many countries throughout the world, including Russia. But in the digital world, in particular in social networks, the “analogue” right to privacy is being transformed into a “digital” individual right, which in reality depends on its recognition by the state, the operator of the social network and the person himself. In turn, both the social network and the person have some signs of sovereignty in cyberspace, and in this regard, they become like the state, almost on the same level, which leads to the emergence of inevitable interactions between them. Much depends on how such “digital” human rights and interactions are regulated in reality, rather than just on paper. Here I mean the inviolability of the digital personality, the right to be forgotten, the right to access information technology, etc.
All these rights are included in a certain commonality, which can be conditionally called the sovereignty of an individual. What constitutes the sovereignty of an individual? First, the recognition of one’s inherent dignity, which, as stated in the preamble to the Universal Declaration of Human Rights, is related to “all members of the human family”. Second, as the Constitutional Court of the Russian Federation points out, Chapter 2 of the Constitution of the Russian Federation imposes on the state not only the passive duty of abstaining from interfering with the freedom of the individual, but also an active (positive) duty to provide assistance in the practical implementation by an individual of his rights and freedoms. The list of these rights is extensive. However, keeping in mind the topic of our discussion, we will highlight those that are most important for a person in the environment of social networks and Big Data: the right to access the Internet, the right to personal data, the right to be forgotten, the right to access Internet technologies, the right to refuse Internet technologies, the right to mental inviolability, digital privacy, the right to a name, to an image, etc.
In cyberspace, a sovereign person collides with other sovereign entities, and, above all, with the state under whose jurisdiction he resides. State sovereignty, according to the classical doctrine, consists of the supremacy, independence and completeness of state power on its territory. According to the Constitutional Court of the Russian Federation, the territorial supremacy of state power is expressed in the fact that no other power is allowed within the territory of the Russian Federation, which could exist along with it or outside its control. In this regard, it is quite logical to include in this scheme the so-called sovereign Internet, which, like a certain lagoon, can only be separated from the ocean not by a sand spit, but by the insurmountable barrier of the state border.
A sovereign person also collides with network sovereignty. Does it really exist? There may be different opinions on this issue, but in any case, social networks have certain features of sovereignty. Within the network, the power of its administrator (operator, owner) is characterised by completeness, supremacy, and independence. It has its place in cyberspace, which is like a territory. It also has its own population – users. All of them have accepted user agreements, thereby, entered into the “citizenship of the social network” and pledged to obey these agreements.
At the same time, the social network has properties that the state does not have: a transboundary nature, anonymity, public accessibility, and technological unity. Each of these characteristics deserves a separate analysis.
The transboundary nature of the Internet and, consequently, social networks creates a situation where they exist, so to speak, in parallel with the state, since there is no state territory in cyberspace. However, the people, as noted by the Constitutional Court of the Russian Federation, form the physical substrate of the state and are identified with the concept of “citizens”; they, in turn, may be users of a social network. Inevitably there must be certain interactions between the social network and the state.
In a sense, the state and the social network compete in extending their sovereignty over the individual. But if the state, according to the Constitution, is obliged to recognise, observe and protect human and civil rights, then the network does not have such an obligation. It imposes responsibilities through the user agreement. Here, too, it resembles a state, which, with the help of laws, self-obliges itself to respect the rights of the individual.
The range of possible options for interactions between the state and the social network is extremely wide: from disregard, which was typical at the time when social networks began to appear, to prohibition and blocking; from soft, compromising regulations to harsh ones. However, the resolution of the conflict with the help of national legislation bumps into the cross-border activity of social networks. In particular, what is an offense in some countries may not be considered an offense in other countries, which means that the imposed restrictions and sanctions against users may turn out to be just, legal and justified in some countries, and illegal, unreasonable, and infringing on the rights and legal interests of users in other countries.
Let’s consider two options for the legal regulation of social networks, implemented in the European Union and the United States. The EU Regulation on Combating the Dissemination of Terrorist Content Online of March 16, 2021, obliges hosting providers to remove illegal content or restrict access to it within an hour after receiving an order from the competent national authorities. In other words, firstly, the obligated subject is not the owner (operator, administrator) of a social network, but a hosting provider that provides services on the territory of a particular EU member state. Secondly, the duty is not to monitor user accounts, but to comply with the requirements of the supervisory authority of the relative state.
In contrast, the US 1996 Communication Decency Act, Section 230 (c) does not impose any obligation on the hosting provider, owner, operator, or administrator of a social network. According to this regulatory legal act, any provider, and therefore the owner (operator, administrator) of a social network is released from responsibility for blocking and deleting materials that the provider considers obscene, depraved, rude, too cruel, harassing or otherwise. So it follows, that the provider has the right, but not the obligation to monitor user accounts. At the same time, he is released from responsibility both for removing or blocking content that he himself considers illegal, and for not removing or blocking content that the state considers illegal. In other words, the provider, on the one hand, is endowed with the rights of the editor-in-chief of the media in relation to user accounts (the right to remove any content), and on the other hand, he is discharged from liability for the content in the user accounts, since he is not an “editor-in-chief” or “publisher of the entire social network, but only “the owner of the fence on which the ads are posted”.
The models are different: in one case, the provider is obliged to comply, in the other – he has the right to take measures to restrict the dissemination of information. The goals are also different: in the first case, we talk about the idea of terrorist content, in the second case – about the free discretion of a bona fide provider, whom the American law compares to the “good Samaritan”. By the way, recently the Communication Decency Act rules were discussed in one of the US Congress committees, where they caused a deep split between Democrats, who demanded more censorship of dangerous and fake content, and Republicans, who opposed internal censorship in the networks.
Comparing the Russian domestic legislative innovations of December 30, 2020, one cannot fail to notice the bifurcation in the will of the legislator. The new version of the federal law “On information, information technologies and information protection” obliges the owner of the social network to monitor and block accounts, that is, to simultaneously act as the editor-in-chief of the media and Roskomnadzor. On the contrary, the new version of the federal law “On measures to influence persons involved in violations of fundamental human rights and freedoms, rights and freedoms of citizens of the Russian Federation” prohibits network owners from blocking user accounts under the threat of reprisals against the network as a whole.
The formulations used in the laws create a paradoxical picture. For example, a user writes on Twitter that someone is a bastard because he lives in Chertanovo district and works at the Zhilishchnik state budgetary institution. If the owner of Twitter does not restrict access to such an account, he will break the information law, and if he does, he will violate the law on measures to influence.
At the same time, the question of the limits of national jurisdiction on the Internet is quite interesting. The EU regulation states that it should apply to all providers that meet two criteria: first, the provider allows individuals or legal entities in one or more EU member states to use its services and, second, the provider has a significant connection with these countries. In turn, a significant connection is confirmed by the fact that the provider is established in the EU, provides services in the EU and its activities are aimed at the EU countries. The latter circumstance can be confirmed, in particular, by such signs as the use of language or currency, the possibility to order goods and services from the EU, presence in the national app stores, and the provision of local advertising.
The Russian domestic legislator also uses some of the listed criteria for the national localisation of an information resource, but inconsistently and haphazardly. Thus, in the law on information the language and advertising are used in relation to social networks and news aggregators, and in relation to search engines and audiovisual services – only the orientation of advertising. At the same time, nowhere can find by what indicators it is possible to determine the orientation of advertising.
So, let’s summarise. First, the choice of a person between the sovereignty of the state and the sovereignty of the network is illusory, because a person is always within the limits of state sovereignty – either by virtue of being in the territory, or by virtue of citizenship. Second, the network presumes the legal capacity and relevance of its users and keeps aloof, within the limits determined by itself, from restricting freedom of thought and speech, the right to information, freedom of conscience, freedom of creativity, etc. Third, guarantees of rights recognised by the state for a person can become a reality on the network only if the network has self-commitments, which can be the result of either a global conventional solution or legislative consolidation at the national level of adequate rules for the regulation of social networks. I would like to note that back in 2010, the relevant committee of the State Duma discussed a bill that was proposed by our UNESCO Chair. It was designed to conceptually solve these problems, but the legislator went along the path of creating the so-called “Law on bloggers”, which, as you know, ended in a fiasco.
From our partner RIAC
Is your security compromised due to “Spy software” know how
Spy software is often referred to as spyware is a set of programs that gives access to user/ administrators to track or monitor anyone’s smart devices (such as desktop, laptop, or smart phone) from anywhere across the globe.
Spyware is a threat, not only to businesses but individual users as well, since it can steal sensitive information and harm anyone’s network. It is controversial due to its frequent violation to end user’s privacy. It can attack user’s device, steal sensitive data (such as bank account or credit card information, or personal identity) or web data and share it with data firms, advertisers, or external users.
There are numerous online spyware designed for almost no cost, whose ultimate goal is to track and sell users data. Some spy software can install additional software and change the settings on user’s device, which could be difficult to identify.
Below are four main types of spyware, each has its unique features to track and record users activity:
Tracking cookies: These are the most common type of trackers, these monitor the user’s internet usage activities, such as searches, downloads, and history, for advertising and selling purposes.
System monitors: These spy software records everything on your device from emails, keystrokes, visited websites, chat-room dialogues, and much more.
Adware: This spyware is used for marketing purpose, it tracks users downloads and browser history, and suggests or displays the same or related products, this can often lead to slow device.
Trojan: This spyware is the most malicious software. It can be used to track sensitive information such as bank information or identification numbers.
Spyware can attack any operating system such as windows, android, or Apple. Windows operating systems are more prone to attack, but in past few years Apple’s operating systems are also becoming vulnerable to attacks.
According to a recent investigation by the Guardian and 16 other media organizations, found that there is a widespread and continuous abuse of NSO’s hacking spyware Pegasus, on Government officials, human rights activists, lawyers and journalists worldwide which was only intended to use against terrorists and criminals.
The research, conducted by the Pegasus technical partner Amnesty’s Security Lab, found traces of the Pegasus activity on 37 out of the 67 examined phones. Out of 37 phones, 34 were iPhones, and 23 showed signs of a Pegasus infection, while remaining 11 showed signs of attempted infection. However, only three out of 15 Android phones were infected by Pegasus software.
Attacks like the Pegasus might have a short shelf life, and are used to target specific individuals. But evidences from past have proved that attackers target large group of people and are often successful.
Below are the most common ways devices can become infected with spyware:
- Downloading software or apps from unreliable sources or unofficial app publishers
- Accepting cookies or pop-up without reading
- Downloading or watching online pirated media content
- Opening attachments from unfamiliar senders
Spyware can be extremely unsafe if you have been infected. Its damage can range from short term device issue (such as slow system, system crashing, or overheating device) to long-term financial threat.
Here’s what you can do protect your devices from spyware:
Reliable antivirus software: Firstly look for security solutions available on internet (some are available for free) and enable the antivirus software. If your system or device is already infected with virus, check out for security providers offering spyware identification and removal.
-For instance, you can install a toolkit (the Mobile Verification Tool or the MVT) provided by Amnesty International. This toolkit will alert you with presence of the Pegasus Spyware on your device.
-The toolkit scans the backup file of your device for any evidence of infection. It works on both Apple and Android operating systems, but is more accurate for Apple operating system.
-You can also download and run Norton Power Eraser a free virus removal tool.
Update your system regularly: Set up an update which runs automatically. Such automatic updates can not only block hackers from viewing your web or device activity, but can also eliminate software errors.
Be vigilant of cookies compliance: Cookies that records/ tracks users browsing habits and personally identifiable information (PII) are commonly known as adware spyware. Accept cookies only from reliable sites or download a cookie blocker.
Strong authentication passwords: Try to enable Multi-factor Authentication (MFA) wherever possible, or if not possible create different password for all accounts. Change your password for each account after a certain period of time.
-Password breaches can still occur with these precautions. In such case change your password immediately.
Be cautious of free software: Read the terms and conditions on software licenses, before accepting. Free software might be unlimited but, your data could be recorded with those free software’s.
Do not open any files from unknown or suspicious account: Do not open any email attachments or text on mobile from a suspicious, unknown, or untrustworthy source/number.
Spyware could be extremely dangerous, however it can be prevented and removed by being precautious and using a trustworthy antivirus tool. Next gen technologies can also help in checking and removing malicious content. For instance, Artificial intelligence could aid the organizations identify malicious software, and frequently update its algorithms of patterns similar to predict future malware attacks.
Implementation of virtual reality and the effects in cognitive warfare
With the increasing use of new technologies in warfare situations, virtual reality presents an opportunity for the domain of cognitive warfare. Nowadays, cognitive skills are treated equally as their physical counterparts, seeking to standardize new innovative techniques. Virtual reality (VR) can be used as a tool that can increase the cognitive capabilities of soldiers. As it is understandable in today’s terms, VR impacts the brain directly. That means that our visual organs (eyes) see one object or one surrounding area, but brain cells perceive and react to that differently. VR has been used extensively in new teaching methods because of the increased probability of improving the memory and learning capabilities of students.
Besides its theoretical teaching approach and improvement of learning, VR can be used systematically towards more practical skills. In medicine for example students can have a full medicine lesson on a virtual human being seeing the body projected in 3D, revolutionizing the whole field of medicine. If that can be used in the medical field, theoretically it will be possible to be used in combat situations, projecting a specific battlefield in VR, increasing the chances of successful engagement, and reducing the chance of casualties. Knowing your terrain is equally important as knowing your adversary.
The use of VR will also allow us to experience new domains relating to the physical health of a person. It is argued that VR might provide us with the ability to effectively control pain management. Since VR can stimulate visual senses, then it would be safe to say that this approach can have higher effectiveness in treating chronic pain, depression, or even PTSD. The idea behind this usage is that the brain itself is already powerful enough, yet sometimes when pain overwhelms us we tend to lose effectiveness on some of our senses, such as the visual sense. An agonizing pain can blurry our vision, something that we cannot control; unless of course theoretically, we use VR. The process can consist of different sounds and visual aids that can trick the mind into thinking that it is somewhere that might be the polar opposite of where it is. Technically speaking, the mind would be able to do that simply because it works as a powerful computer, where our pain receptors can override and actually make us think that we are not in such terrible pain.
Although the benefits of VR could be useful for our health we would still need to deal with problems that concern our health when we use a VR set. It is possible that the brain can get overloaded with new information and the new virtual environments. VR poses some problems to some people, regarding the loss of the real environment and creating feelings of nausea or extreme headaches. As a result, new techniques from cognitive psychologists have emerged to provide a solution to the problem. New technologies have appeared that can desaturate colors towards the edge of the headset in order to limit the probability of visual confusion. Besides that, research shows that even the implementation of a virtual nose when someone wears a VR headset can prevent motion sickness, something that our brain does already in reality.
However, when it comes to combatants and the implementation of VR in soldiers, one must think of maybe more effective and fast solutions to eliminate the problems that concern the confusion of the brain. Usage of specific pharmaceuticals might be the key. One example could be Modafinil which has been prescribed in the U.S. since 1998 to treat sleep-related conditions. Researchers believe it can produce the same effects as caffeine. With that being said, the University of Oxford analyzed 24 studies, where participants were asked to complete complex assignments after taking Modafinil and found out that those who took the drug were more accurate, which suggests that it may affect higher cognitive functions.
Although some of its long-term effects are yet to be studied, Modafinil is by far the safest drug that can be used in cognitive situations. Theoretically speaking, if a long exposure to VR can cause headaches and an inability to concentrate, then an appropriate dose of Modafinil can counter the effects of VR. It can be more suitable and useful to use on soldiers, whose cognitive skills are better than civilians, to test the full effect of a mix of virtual technology and pharmaceuticals. VR can be a significant military component and a simulation training program. It can provide new cognitive experiences based on foreign and unknown terrains that might be difficult to be approached in real life. New opportunities arise every day with the technologies, and if anyone wanted to take a significant advantage over adversaries in the cognitive warfare field, then VR would provide a useful tool for military decision-making.
Vaccine Equity and Beyond: Intellectual Property Rights Face a Crucial Test
The debate over intellectual property rights (IPRs), particularly patents, and access to medicine is not new. IPRs are considered to drive innovation by protecting the results of investment-intensive R&D, yet arguably also foster inequitable access to affordable medicines.
In a global public health emergency such as the COVID-19 pandemic, where countries face acute shortages of life-saving vaccines, should public health be prioritized over economic gain and the international trade rules designed to protect IPRs?
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), to which all 164 member states of the World Trade Organization (WTO) are a party, establish minimum standards for protecting different forms of IPRs.
In October 2020, India and South Africa – countries with strong generic drug manufacturing infrastructure – invoked WTO rules to seek a temporary waiver of IPRs (patents, copyrights, trade secrets, and industrial designs) on equipment, drugs, and vaccines related to the “prevention, containment or treatment of COVID-19.” A waiver would mean that countries could locally produce equipment and vaccines without permission from holders of IPRs. This step would serve to eliminate the monopolistic nature of IPRs that give exclusive rights to the holder of IPRs and enable them to impose procedural licensing constraints.
Brazil, Japan, the European Union (EU), and the United States (US) initially rejected the waiver proposal. That stance changed with the rise of new COVID-19 mutations and the associated increase in deaths, with several countries facing a public health crisis due to vaccine supply shortages. The position of many states began shifting in favor of the India-South Africa proposal, which now has the backing of 62 WTO members, with the US declaring support for the intent of the temporary waiver to secure “better access, more manufacturing capability, more shots in arms.” Several international bodies, the World Health Organization (WHO), and the UN Committee on Economic, Social and Cultural Rights have voiced support.
Some countries disagree about the specific IPRs to be waived or the mechanisms by which IPRs should be made available. The EU submitted a proposal to use TRIPS flexibilities such as compulsory licensing, while others advocate for voluntary licensing. The TRIPS Council is conducting meetings to prepare an amended proposal to the General Council (the WTO’s highest-level decision-making body in Geneva) by the end of July 2021.
The crisis in India illustrates the urgency of the situation. India produces and supplies Covishield, licensed by AstraZeneca; and Covaxin, which is yet to be included on the WHO’s Emergency Use Listing (EUL). Due to the devastating public health crisis, India halted its export of vaccines and caused a disruption in the global vaccine supply, even to the COVID-19 Vaccines Global Access (COVAX) program. In the meantime, the world’s poorest nations lack sufficient, critical vaccine supplies.
International law recognizes some flexibility in public health emergencies. An example would be the Doha Declaration on TRIPS and Public Health in 2001, which, while maintaining the commitments, stresses the need for TRIPS to be part of the wider national and international action to address public health problems. Consistent with that, the body of international human rights law, including the International Covenant on Economic, Social and Cultural Rights (ICESCR), protects the right to the highest attainable standard of health.
But as we race against time, the current IPR framework may not allow for the swift response required. It is the rigorous requirements before a vaccine is considered safe to use under Emergency Use Authorizations and procedural delays which illuminate why IPR waivers on already approved vaccines are needed. Capitalizing on the EUL’s approved vaccines that have proven efficacy to date and easing IPR restrictions will aid in the timely supply and access of vaccines.
A TRIPS waiver may not solve the global vaccine shortage. In fact, some argue that the shortages are not an inherent flaw in the IP regime, considering other supply chain disruptions that persist, such as the ones disrupting microchips, pipette tips, and furniture. However, given that patent licensing gives a company a monopoly on vaccine commercialization, other companies with manufacturing capacity cannot produce the vaccine to scale up production and meet supply demands.
Neither does a temporary waiver mean that pharmaceutical companies cannot monetize their work. States should work with pharmaceuticals in setting up compensation and insurance schemes to ensure adequate remuneration.
At the College of Law at Hamad Bin Khalifa University, our aim is to address today’s legal challenges with a future-oriented view. We see COVID-19 as a case study in how we respond to imminent and existential threats. As global warming alters the balance of our ecosystem, threats will cascade in a way that is hard to predict. When unpredictable health emergencies emerge, it will be human ingenuity that helps us overcome them. Even the global IP regime, as a legal system that regulates ideas, is being tested, and should be agile enough to respond in time, like the scientists who sprang into action and worked tirelessly to develop the vaccines that will soon bring back a semblance of normal life as we know it.
Violence in schools leads to $11 trillion in lost lifetime earnings
A new report from the World Bank and the End Violence Partnership / Safe to Learn Global Initiative shows that...
Case Study on Data Markets in India and Japan Show What Is Possible
The World Economic Forum’s Data for Common Purpose Initiative (DCPI) completed the first stage of two case studies demonstrating how...
Turkey’s role in Afghanistan
North Atlantic Treaty Organization (NATO) on Thursday launched a training program in Turkey for Afghan military personnel. This is the...
Ukraine’s Chance for Rational Behaviour
From the point of view of international politics, the most important thing in the recently-published article by the President of...
North-East India Towards Peace and Prosperity: Bangladesh Paves the Way
Bangladesh has always been one of the brightest examples of religious harmony and peace. “secularism” is not only a word...
Russia in Libya and the Mediterranean
There are several myths about Soviet/Russian involvement in Libya in particular and the Mediterranean in general. Unfortunately, such “political stories”...
Truth and the third wave of the pandemic: To be vaccinated or not to be vaccinated
I have endured the worst possible case scenario. Being locked up in a mental institution for six months while in...
Development3 days ago
Tanzania’s Economic Growth by Transforming Its Tourism Sector
Human Rights3 days ago
Conflict, COVID, climate crisis, likely to fuel acute food insecurity in 23 ‘hunger hotspots’
East Asia2 days ago
The Allure Of Winning
Terrorism1 day ago
Drones in the Hands of Terrorists: What Happens Then?
Green Planet2 days ago
The problems of climate change, part 2
Economy2 days ago
Half a Decade On – Reflecting on Russia’s Unsung Successes
Environment3 days ago
UNEP West Asia launches the State of Food Waste Report
Finance2 days ago
Hungary: Reforms to raise productivity would strengthen recovery from COVID-19