>>1406314
"I'd like to see both versions."
I'm not in a position to link back to the original, apologies.
"I probably draw the line at abuse of children."
I solved this issue by mandating the thing be 'speech' (IE something meaningful said). For example, 'X are ruining the country' is saying something meaningful, but showing inappropriate images is not meaningful (you can argue the bollocks over if it's 'art', but to me, art isn't meaningful speech that prompt a dialogue).
Simplified version (numbers - main rights, letters - sub-rights):
1) Right to meaningful speech
a) Anywhere this is deployed as a defence also must include:
a1) 'right of reply' (this means a reasonably unassociated third party has a right for their reply to be displayed in response to the message in question with reasonable proximity. The host need not display all replies, just one of sufficient quality if applicable).
a2) be content neutral (it cannot, say, 'bury' your content using algorithms, censor, hide, shadow ban, obscure, impede, etc)
b) Meaningful speech includes offensive speech.
c) Right of reply need only be enforced by the host of the message, not necessarily the speaker.
d) So long as a) and b) are both met, this gives both host and speaker immunity to libel/slander/etc claims, so long as those offended or slighted have a right to reply.
2) Right to absolute or near-absolute privacy (this includes no backdoors or whatever future spy tech)
a) With the exception of a targeted, narrow scope warrant acquired by a transparent, general public scrutible process signed off by a publicly electable judge.
3) Right to fully own the device you use/buy/obtain
a) That means no 'you buy it but don't own it' bullshit.
b) The right to repair, modify or reverse engineer your device, and install whatever you see fit on it, without fear of retaliation, punishment, contractual cancellation, and so forth.
c) Exceptions granted for repair warranties, but only to the repair/replace element of the warranty (for example, if it was bundled with a connection contract, the connection contract must remain in force even if the repair warranty is void).
4) Reasonable right to internet access
a) Reasonable here means 'not unnecessarily burdensome or extenuating'. For example, even if a country could afford internet access, it cannot be compelled to grant access by buying infrastructure (as the cost, time etc would be too burdensome), but a country that censors pre-existing internet networks can be compelled to grant access.
b) Access to illegal materials is deemed unreasonable
5) Right to protection from 'passive' censorship
This includes:
a) packet throttling/speed reductions
b) ISP DNS manipulation or other such manipulations (this includes both receiving other's contents and posting/sending your own).
c) Other corporate or government level tactics that have intended or unintended effects (EG banning you from access to the internet, serving an injunction)
d) An exception is generated for law enforcement in criminal-side proceedings (civil is explicitly excluded), EG blocking access to illegal online abuse images would be acceptable, for exampe
6) Fair use protections
a) If corporations sue over a subject that is speech, or criticism that is over a copyrighted form of speech (for example, text, sound, video, etc), and it is found the corporation knew or had good reason to suspect the Fair Use was valid, a judge may award an unlimited sum of damages in favour of the defendant (ideally the judge should award whatever damages plus legal costs the corporation were looking to incur). The judge may award this at any time, either prior, during, or after proceedings, and the decision is considered final and cannot be appealed.
b) It may be explicitly requested by the defence
7) Right to reasonable security
a) Separate from privacy (a device may be secure but not necessarily private), a user has an expectation toward a reasonable level of security in regards to their device(s) and data, for example, personal data stored encrypted in a database (so even if not private, it must be stored securely).
8) Unwavierable rights
a) These rights are unalienable and cannot be signed away or waviered by a contract, form, opt-in/opt-out etc, and supercede any contract.