The Silicon Standard for Human Rights

The Silicon Valley Human Rights Conference put forth a statement of 15 principles this past October for guiding the behavior of ICT companies in relation to human rights. According to the organizers at Access, "The document is designed to complement other existing frameworks and uses the international human rights framework as its foundation." There's a lot to chew on here. I'll let the principles speak for themselves:

1. Technology and Revolutions: Technology companies play an increasingly important role in enabling and supporting the end user's capacity to exercise his or her rights to freedom of speech, access to information, and freedom of association. ICT companies should respect those rights in their operations and also encourage governments to protect human rights through appropriate policies, practices, legal protections, and judicial oversight.

2. On Human Rights: In both policy and practice, technology companies should apply human rights frameworks in developing best practices and standard operating procedures. This includes adhering to John Ruggie's Protect, Respect, and Remedy framework outlined in the UN Guiding Principles on Business and Human Rights.

3. Frontline Lessons from Other Sectors: Technology companies should look to the innovative examples and incorporate important lessons from other sectors, such as the apparel and extractive industries. The experiences of these sectors can and should guide them as they develop their human rights policies. These must be reflected in their operating practices in a transparent and accountable manner.

4. On Internet Regulation: To ensure innovation and the protection of human rights, internet regulation should only take place where it facilitates the ongoing openness, quality, and integrity of the internet and/or where it enables or protects users' ability to freely, fully, and safely participate in society. To achieve this end, it is critical that ICT corporations engage in multistakeholder dialogue.

5. Human Rights by Design: During the research, development, and design stages, technology companies should anticipate how and by whom their products and services will be used. Developing a human rights policy and engaging in due diligence at the earliest stages helps companies prevent crises, limit risk, and enable evidence-based assessment of company activities and reporting.

6. Encryption of Web Activity: Effective internet security is essential to ensuring freedom of speech, privacy, and the right to communicate. Technology companies must provide a basic level of security (e.g., HTTPS and its improvements) to their users by default and resist bans and curtailments of the use of encryption.

7. Getting Practical: Technology companies should implement human rights-respecting policies and practices in their day-to-day operations. These companies should utilize multi-stakeholder and cross-sector dialogues to review challenges faced within their markets with a view to improve their best practices.

8. Coding for Human Rights: Recognizing the human rights implications in code, engineers, developers, and programmers should ensure that technology is used in the exercise of fundamental freedoms, and not for the facilitation of human rights abuses. Technology companies should facilitate regular dialogue between engineers, executive leadership, and civil society to ensure that all parties are informed of the potential uses and abuses of their technologies.

9. Social Networking: Social networking platforms are both increasingly important to their users' capacity to communicate and associate online and are most used when customers trust the service's providers. When companies prioritize the rights of their customers, it is good for the long-term sustainability of their business, their brand, and their bottom line.

10. Intermediary Liability: In an era of computer-mediated communications, freedom of speech, association, and commerce increasingly depend on internet intermediaries (e.g., broadband service providers, web hosting companies). These intermediaries should not be required to determine the legality of, or held liable for, the content they host.

11. Legal Jurisdiction in a Borderless Virtual World: To foster the continued growth of an open and interconnected internet, technology companies should work alongside governments and civil society to ensure that users' rights are protected to the fullest extent possible. Governmental mandates that infringe upon freedom of expression and other human rights should be interpreted so as to minimize the negative impacts of these rules and regulations.

12. Visual Media and Human Rights: Technology companies should pay special attention to the unique human rights challenges of visual media technologies and content—especially on issues such as privacy, anonymity, consent, and access.

13. Social Media in Times of Crisis: Technology companies should resist efforts to shut down services and block access to their products, especially during times of crisis when open communications are critical. Blanket government surveillance of corporate networks should be resisted. Moreover, the burden of proof for privacy-invasive requests should lie with law enforcement authorities, who should formally, through court processes based on probable cause and rule of law, request a warrant for each individual whose information they would like to access.

14. Privacy: Technology companies should incorporate adequate privacy protections for users by default. Furthermore, technology companies should resist over-board requests from governments to reveal users' information, disclose no more information about their users than is legally required, and inform their users so that they can choose to legally respond to these requests. Furthermore, technology companies should be transparent about how user data is collected, processed, and protected—including disclosures of unauthorized access to user data.

15. Mobile and Telcos: Telecommunications companies must protect their users' fundamental human rights, including support for the protection of human rights in their operating licenses, and ensure that the free flow of communication is not curtailed or interfered with, even in times of crisis.

The big thing missing here is the subtext: While it's incredibly important to ensure that human rights are fulfilled in the use of information and communication technologies, it does us no good to simultaneously ignore abuses in their manufacture. My hope going forward is that this framework can be deepened to explicitly include the supply chains and labor rights problems associated with the ICT sector. The freedoms these magical gadgets enable must extend all the way down to the minerals.

Kevin Kelly on What Technology Wants

When asked at the Carnegie Council why he doesn't use social media such as Twitter, author Kevin Kelly said he is in a phase where he prefers getting to the bottom of things to staying on top of them. Fair enough. After hearing him preview his new tome What Technology Wants, I think he's on to something.

The title is intentionally provocative, though Kelly does not imply that machines are conscious. He more seeks to discover how technology is situated in the universe, how it functions like an organism, with its own tendencies and urges, and thus its ability to exert influence.

Technology, or the "technium" as he dubs our interconnected system of hardware and culture, "wants" something in the way a plant wants sunlight.

These desires are grounded, he believes, in pure physics and are exemplified in a number of trends. While evolution may not be teleological, it does have directionality. So far the indications are that technology wants what life wants (p. 270, emphasis mine):

Increasing efficiency
Increasing opportunity
Increasing emergence
Increasing complexity
Increasing diversity
Increasing specialization
Increasing ubiquity
Increasing freedom
Increasing mutualism
Increasing beauty
Increasing sentience
Increasing structure
Increasing evolvability

Kelly calls these traits "exotropic" because they all tend toward greater organization, as opposed to entropy, which dissipates energy and disorganizes systems.

Does this directionality also have an ethical arrow? Kelly seems to think yes. The key for him is that these processes continuously unlock new possibilities, new choices. If there is a net increase in creation versus destruction of choice, then the world is on balance improving. The ethical obligation is thus to increase technology to unlock global genius so that everybody can express their special mix of talents. The social corollary is that technology exerts a development imperative, albeit a slim one. "The dark side of technology cannot be avoided," writes Kelly. "It may even be nearly half the technium" (p. 79).

The dark side downside can be seen in the persistent, almost tyrannical, wastefulness of technologies such as the automobile. Kelly calculates, for example, that three-fourths of our energy use is to service the technologies themselves. Larry Burns made a similar point at our recent Sustainable Societies panel when he cited the minuscule fraction of gasoline energy that actually moves the passenger to her destination—most of the energy moves the car itself and much is lost as heat. Kelly estimates that cars are about 1 percent effective when seen in this light.

Kelly also touches on the privacy question and thus tangentially on government 2.0—the movement to use data and technology to encourage more efficient and accountable public systems. Clearly there is a trend toward personalization of our media consumption and our devices. Yet total personalization of technology requires symmetrical and reciprocal transparency on the part of the technology providers, or else an imbalance of power results. You could even say that technology wants WikiLeaks, to balance the opacity of national governments and secretive corporations.

Given this taste of his arguments, it seems What Technology Wants will make for a quite interesting read.