Effort Underway To Have Chile Add Access To Knowledge, Digital Sovereignty, And Privacy To Chilean Constitution

from the how-would-it-work-in-practice dept

Chile is in the middle of creating a new constitution -- a process that seems fraught with both huge potential and tremendous risks, especially trying to do it amidst domestic social upheaval (though, I guess that's when most constitutions tend to be written). A process is in place and 155 people are apparently been tasked with creating this new constitution. Apparently, part of the process is open to an element of crowdsourcing, in that people can submit and vote on certain proposals, meaning that a set of three proposals regarding the internet have been put forth:

15,000 signatures are required to submit citizen proposals to the constitutional debate directly.

The opportunity to achieve substantive and long-term change for digital rights and freedom of software and other intellectual works is unique in Chile's history, and may not be repeated in our lifetime. This is why four communities historically related to the use and dissemination of free software in Chile got together to draft three of these proposals, which are:

These constitutional proposals explain principles of the nation, the rights of citizens, and the duties of the state concerning them. The inclusion of the constitutional articles will allow and promote the creation of laws that defend our freedoms and rights effectively. They are not the end of the road for intellectual freedoms and digital rights, but only the beginning.

All of these sound good (in fact, very good) in theory, though I'm a bit squeamish about how they would be implemented in practice, should they get the necessary signatures and support from the constitution drafters. However, at the very least, it's worth watching how modern constitution drafting is going to consider user rights online.

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Filed Under: access to knowledge, chile, constitution, digital sovereignty, privacy


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  • identicon
    Anonymous Coward, 4 Feb 2022 @ 3:16pm

    Finally the proletariats in Chile got fed up about the inequality and the rule of the rich, rose up against the bourgeoisies, and did something about that. Hope this means end of the right of the bourgeoisie to pollute others' air and water for their selfish gains there. Hope this means end of the oppression and tyranny of of the bourgeoisie of Big Copyright there. Right of access to knowledge, very good, I hope that means more power away from the malignant creation that is Big Copyright, one thing the 1%ers cant have complete control and ruthless exploit anymore. I hope librarians can breathe free there now. More rights and power to the proletariats, good! time for them to reclaim their society from the 1%ers!

    link to this | view in chronology ]

  • identicon
    Paul Neubauer, 5 Feb 2022 @ 3:41am

    None of these things should be in a constitution.

    These things are entitlements.

    Privacy can be handled as it is in the US bill of rights.

    Particularly, "rights" should be expressed as an absence of government authority rather than things granted by the state.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Feb 2022 @ 8:42am

      Re: no…

      You are incorrect. Leaving such things unwritten leaves the door open for $$$ to decide.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 6 Feb 2022 @ 1:12pm

      Re:

      Minimal government mandates have a place in constitutions. Spending money doesn't negate this. The right to an Attorney costs money, as do schools, judges, courts, and military. The US has right to an education at a state level.

      Frankly unless you have proof of how a system without it could be better you are flat out wrong by precedent.

      link to this | view in chronology ]

    • identicon
      Anonymous Coward, 6 Feb 2022 @ 6:21pm

      Re:

      None of these things should be in a constitution.

      The whole point of any democracy is that it is run by a majority consensus of all of it's citizens. If the majority decides they want this in their constitution, why shouldn't it be?

      These things are entitlements.

      "Beware the man who would deny you access to information. For in his heart, he dreams himself your master." - SMAC.

      Even if they were all entitlements, again the majority agreed to include them.

      Privacy can be handled as it is in the US bill of rights.

      Which is an amendment to, wait for it: The US Constitution.

      Also, why should the US's law have any impact on what Chile's citizens should be able to decide for themselves?

      Particularly, "rights" should be expressed as an absence of government authority rather than things granted by the state.

      That is the US's structure. (On paper at least.) Again, why should the US be dictating to the world what laws a democracy has?

      link to this | view in chronology ]

  • icon
    Benavides (profile), 7 Feb 2022 @ 1:54am

    These constitutional proposals explain principles of the nation, the
    rights of citizens, and the duties of the state concerning them. The
    inclusion of the constitutional articles will allow and promote the
    creation of laws that defend our freedoms and rights effectively. They
    are not the end of the road for intellectual freedoms and digital
    rights, but only the beginning.

    https://www.myfamilymobile.net/

    link to this | view in chronology ]

  • icon
    Ninja (profile), 7 Feb 2022 @ 6:11am

    I'm fairly sure the new Chilean Constitution will have plenty of awesome and some awful in the middle, parts of it will take a long time to be implemented or simply will lay forgotten and a lot of what isn't permanent will change over time. But in any case, anything not written by a bloody dictator will always be much better. I'm sincerely cheering on our Chilean brothers and sisters and hoping this is the first of many countries giving the middle finger to the liberal* economics that rule most of the world. *liberal in the sense of small government at all costs even if it hurts the population, no no social welfare etc, not the US definition of liberal.

    link to this | view in chronology ]


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