Bill of Rights for the Digital Age

diewlasing writes "Since we are living in a world where the need is growing for privacy measures and rights to use emerging technology, it seems to me that state governments should adopt a bill of rights regarding internet privacy, use of technology and speech on the internet. For example: make it illegal to allow ISPs to release personal information to anyone who wants it. Now, obviously, that's not the only issue. If you were asked by your state government to come up with a bill of rights for internet privacy, technology use, and free speech regarding the internet and emerging technologies, what would you include? Many things are covered (here in the US) under the Bill of Rights in the Constitution, but it seems to me that, these days, people with enough money can disregard this. Perhaps the states might find it a good idea to enshrine rights into law."

Re:NO!

[jZnat]

No, the issue with the ability to bear arms is that if it wasn't enumerated in the US Constitution as such, the ability to bear arms could be made illegal and could only be changed by more legislation repealing said acts. As such, the courts wouldn't be able to knock down the law as unconstitutional, and the executive should have to enforce the law as part of their duty.

Re:NO!

[Anonymous Coward]

The article author is ignorant of basic American civics.

The constitution is law. The supreme law of the land, in fact. The constitution is the standard by which all other laws are measured. The bill of rights is the enshrinement of the ideals.

Article VI, Clause 2:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

[Emphasis mine]

Re:So?

[Hatta]

The inherent checks and balances of the three governmental branches are supposed to do that. But we've replaced the framers' three branches with just two: republicans and democrats.

Don't you mean one branch?

Cem Kaner's suggested Bill Of Rights

[PatMcGee]

Cem Kaner wrote a Bill Of Rights for Software Customers: http://www.satisfice.com/kaner/?p=8 [satisfice.com]

He introduces it with this:
"As the software infrastructure has been going through chaos, reporters (and others) have been called me several times to ask what our legal rights are now and whether we should all be able to sue Microsoft (or other vendors who ship defective software or software that fails in normal use).

"I'd rather stand back from the current crisis, consider the legal debates over the last 10 years, and make some modest suggestions that could go a long way toward restoring integrity and trust -- and consumer confidence, consumer excitement, and sales -- in this stalled marketplace."

1. Let the customer see the contract before the sale

2. Disclose known defects

3. The product (or information service) must live up to the manufacturer's and seller's claims.

See Cem's post for 4 through 10