http://purplemotes.net/2006/06/19/peer-production/ a journal of whimsy and hope Thu, 09 Sep 2010 08:36:39 -0600 hourly 1 http://wordpress.org/?v=3.0.1 http://purplemotes.net/2006/06/19/peer-production/comment-page-1/#comment-304 purple motes » human rights to communicate using radio devices Sun, 16 Jul 2006 19:15:05 +0000 http://purplemotes.net/2006/06/19/peer-production/#comment-304 [...] Article 19’s brief but pioneering analysis seems to have at least one weakness. The analysis suggested that “preventing chaos in the frequency spectrum is a legitimate goal” under human rights law. Under Article 19(3) of the International Covenant on Civil and Political Rights, one legitimate aim for restricting freedom of expression is to protect public order. One might consider protecting public order to encompass preventing chaos in the frequency spectrum. However, focus on order among frequencies, like focus on relations between bodies of water, can lead to law with little connection to the facts of communication among persons. Particularly with respect to human rights, public order is probably better understood in terms of order among persons (the public). Compared to the extent of chaos in the frequency spectrum, actual personal freedom to communicate is a much more meaningful public issue. [...] [...] Article 19’s brief but pioneering analysis seems to have at least one weakness. The analysis suggested that “preventing chaos in the frequency spectrum is a legitimate goal” under human rights law. Under Article 19(3) of the International Covenant on Civil and Political Rights, one legitimate aim for restricting freedom of expression is to protect public order. One might consider protecting public order to encompass preventing chaos in the frequency spectrum. However, focus on order among frequencies, like focus on relations between bodies of water, can lead to law with little connection to the facts of communication among persons. Particularly with respect to human rights, public order is probably better understood in terms of order among persons (the public). Compared to the extent of chaos in the frequency spectrum, actual personal freedom to communicate is a much more meaningful public issue. [...]

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