Private Power and New Media: The Case of the Corporate Suppression of WikiLeaks and its Implications for the Exercise of Fundamental Rights on the Internet

Human Rights and Risks in the Digital Era: Globalization and the Effects of Information Technologies, Christina M. Akrivopoulou & Nicolaos Garipidis (eds), 2012, IGI Global, pp. 81-96

18 Pages Posted: 2 Mar 2011 Last revised: 1 Oct 2014

See all articles by Angela Daly

Angela Daly

The Chinese University of Hong Kong (CUHK) - Faculty of Law; Queensland University of Technology - Faculty of Law; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Date Written: February 28, 2011

Abstract

The focus of this paper will be the recent conduct of various corporations in withdrawing Internet services provided to information portal WikiLeaks in light of the controversy surrounding WikiLeaks publishing classified documents of correspondence between the US State Department and its diplomatic missions around the world in late 201'3 The implications for freedom of expression (especially the right to access information) on the Internet will be examined in the wake of WikiLeaks, particularly in the context of the infringer being a private actor, and one comprising a mono- or oligopoly. The motivation of these private actors in contributing to the suppression of WikiLeaks will be assessed to examine whether it constitutes an example of Birnhack and Elkin-Koren's 'invisible handshake' i.e. the 'emerging collaboration' between the state and multinational corporations on the Internet that they posit is producing 'the ultimate threat'. The legal recourse open to WikiLeaks and its users for the infringement of fundamental rights will be examined, especially the First Amendment to the US Constitution since the geographic location for these events has mostly been the USA. Finally, the postscript to the WikiLeaks controversy will be considered: the “information warfare” conducted by hackers will be examined to determine whether the exercise of power of these Internet corporations in a way which infringes fundamental rights can be checked by technological means, and whether hackers are indeed the true electronic defenders of freedom of expression.

Keywords: WikiLeaks, free expression, corporations, competition, monopoly, censorship

JEL Classification: K21, K42

Suggested Citation

Daly, Angela, Private Power and New Media: The Case of the Corporate Suppression of WikiLeaks and its Implications for the Exercise of Fundamental Rights on the Internet (February 28, 2011). Human Rights and Risks in the Digital Era: Globalization and the Effects of Information Technologies, Christina M. Akrivopoulou & Nicolaos Garipidis (eds), 2012, IGI Global, pp. 81-96. Available at SSRN: https://ssrn.com/abstract=1772663 or http://dx.doi.org/10.2139/ssrn.1772663

Angela Daly (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

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