Comments on Together’s draft “Digital Bill of Rights”

Together’s original text is as presented. My comments are in italics. This is just a first shot – there’s probably a lot more that could be added with a bit more thought.

Here is what Together say about this bill of rights:

“The idea is this document can become a guide for what we want to see. Instead of only reacting, we want to actively shape the future. Long term, we should aspire to get these principles into law and - more importantly - make them part of how society works.

We shouldn't be anti-technology. It’s made our lives better, and we want it to empower us. But we don’t want it used to control or exploit us.”

Amen to all that. The last sentence, particularly.

Digital Bill of Rights (Draft) Article 1: Your Right to Choose Digital or Offline Options No Forced Digital Use: Using digital systems should be up to you, not something you’re forced into. Yes. And this should apply to both individuals and businesses. In fact, most if not all of the clauses in this Bill of Rights should apply to both individuals and businesses. The Right to Use Cash: You must be able to make purchases with cash if you choose. Need to clarify that it must be possible to make any purchase inside the UK using sterling cash. And that sterling will continue to be supported indefinitely, no unreasonable limit will be imposed on the sizes of the units, and convertibility into other currencies will not be blocked. Also, banks must allow deposits to be made in cash, without limits. Access to Non-Digital Services: Essential services - like seeing a doctor, enrolling kids in school, or paying bills - must always be available in non-digital formats. Furthermore, a user who wishes to use a non-digital format must not be compelled to use third-party services such as the Post Office, as these are potential sources of fraud. Article 2: Your Right to Free Expression and Information Freedom to Speak and Share: You have the right to express yourself and access information online without unfair interference. Need to be clear what “unfair” means. No Unjust Censorship: Free speech is protected unless it directly incites violence. I would add “or fraud” after “violence,” and maybe a few more things too. Furthermore, the burden of proof of an accusation that free speech ought to be denied in a particular case must always be on the accuser. No post may ever be taken down pre-emptively. Any take-down must require specific authorization by a valid court. And the reasons for free speech being denied in a particular case must be dated, preserved, and publicly accessible for posterity. Fair Content Moderation: Platforms must have clear, consistent, and transparent content policies. …which must be prominently displayed on the platform. Article 3: Your Right to Privacy and Data Protection Privacy is Your Right: You have the right to keep your digital activity and communication private, including through the use of strong encryption. But your human rights (e.g. to non-interception of correspondence) must still be preserved, even if you choose not to use any particular level of encryption. Control Over Your Data: Your personal data belongs to you. You decide how it’s collected, used, and shared - and can delete it when it’s no longer needed. First, you need to be told what data about you is being held by which entities, for what reasons, and for how long. No Tracking Without Consent: Governments and companies can’t track, store or use your data without clear permission. After “store” I’d add “exchange or share,” and I’d add “from you” at the end. Article 4: Your Right to Financial Freedom & Privacy Choice of Money: You can’t be forced to use centralised digital currencies (like CBDCs). You have the right to use cash and crypto, free from unfair regulation or discrimination, and to control your money and privacy. I’d delete the word “centralised.” No Financial Discrimination: Access to banking services cannot be denied based on personal beliefs. A basic public banking option must be available to all. This basic option must allow for communication by non-digital means, such as letters and face-to-face conversations, and must not unfairly deny access to such means. No Social Credit Systems: No system should track or penalise behaviour or opinions. After “system” I’d add “, government or other organization”. Also, “behaviour” without any qualification – even against violence or fraud – is a bit too wide. Article 5: Your Right to Protection from Surveillance Digital ID Must Be Optional: You cannot be required to use a digital ID to access basic services Further, no organization should ever demand a digital ID from you except for a service to which you have already subscribed via a digital ID. And none of your rights on-line are to be denied or restricted if you do not have, or fail to give, a digital ID. No Mass Surveillance: Facial recognition and other tracking technologies must not be used to monitor the public. Absolutely. But I’d go much further. Tracking technologies, including multi-camera systems, must not be used in the public space, except for: (1) static, clearly identified cameras in proven crime hot-spots, (2) monitoring of specific individuals as directed by a valid court. No Permanent ID Systems: Identity checks should be temporary and not stored long-term. Right idea, but needs better phrasing. Article 6: Your Right to Transparency and Digital Justice Explainable Automated Decisions: Systems making decisions about you (such as for hiring, policing, or credit) must be understandable and open to review. Not strong enough. You must be able to demand, and at need to challenge, the reasoning and stated facts behind any decisions made about you. Easy Ways to Challenge Digital Wrongs: If your digital rights are violated, you must have access to fair remedies. Yes. Transparency from Platforms: Government and companies must be open about how they collect and use your data. Should this clause not be in article 3? Article 7: Your Right to a Free and Open Internet Net Neutrality Must Be Protected: Internet access must remain open and equal, without content being blocked or slowed down unfairly. Yes. Free Access to Public Knowledge: Publicly funded research and information should be freely available to everyone. Needs more than this. Published statistics should continue to be published until they are clearly obsolete. And the definitions of statistics must not be changed without good, clear, honest reason (as the ONS did over “excess deaths.”)