Open Connectivity, Open Data: Two Dimensions of the Freedom to Seek, Receive and Impart Information in the New Zealand Bill of Rights

Victoria University of Wellington Law Review (Working Paper Series #1), 2012, 4, p 1-60.

74 Pages Posted: 10 May 2018

See all articles by Jon Penney

Jon Penney

University of Oxford - Oxford Internet Institute; Citizen Lab, University of Toronto; Princeton University - Center for Information Technology Policy; Harvard University - Berkman Klein Center for Internet & Society; Dalhousie University - Schulich School of Law

Date Written: September 1, 2012

Abstract

Recently, ideas about "rights" to Internet access or connectivity have received growing recognition from governments, legal institutions, and other political actors in several countries, including New Zealand Despite this emerging political and legal recognition, there are few, if any, systematic studies exploring such ideas. This paper aims to change this. First, it offers a theoretical exploration of the idea of a "right" to Internet access, including the diferent versions of such rights talk. Secondly, it examines whether there is any legal basis for such rights claims in New Zealand and ultimately argues that section 14 of the New Zealand Bill of Rights offers a legal basis for a certain kind of right to Internet connectivity, as well as a legal basis to claim wider access - via the Internet or other mediums - to government information. Some concrete implications, both legal and political, of these findings are also explored.

Keywords: open data, open government, internet rights, internet access, copyright, New Zealand, New Zealand Bill of Rights, right to seek receive and impact information, freedom of information

JEL Classification: K1, K10, K23

Suggested Citation

Penney, Jonathon, Open Connectivity, Open Data: Two Dimensions of the Freedom to Seek, Receive and Impart Information in the New Zealand Bill of Rights (September 1, 2012). Victoria University of Wellington Law Review (Working Paper Series #1), 2012, 4, p 1-60.. Available at SSRN: https://ssrn.com/abstract=3158859

Jonathon Penney (Contact Author)

University of Oxford - Oxford Internet Institute ( email )

1 St. Giles
University of Oxford
Oxford OX1 3PG Oxfordshire, Oxfordshire OX1 3JS
United Kingdom

Citizen Lab, University of Toronto ( email )

Munk School of Global Affairs
University of Toronto
Toronto, Ontario M5S 3K7
Canada

Princeton University - Center for Information Technology Policy ( email )

C231A E-Quad
Olden Street
Princeton, NJ 08540
United States

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA Nova Scotia 02138
Canada

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
PO Box 15000
Halifax, Nova Scotia B3H 4R2
Canada

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