this post was submitted on 29 Apr 2024
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I plugged into ethernet (as wifi w/captive portal does not work for me). I think clearnet worked but I have no interest in that. Egress Tor traffic was blocked and so was VPN. I’m not interested in editing all my scripts and configs to use clearnet, so the library’s internet is useless to me (unless I bother to try a tor bridge).

I was packing my laptop and a librarian spotted me unplugging my ethernet cable and approached me with big wide open eyes and pannicked angry voice (as if to be addressing a child that did something naughty), and said “you can’t do that!”

I have a lot of reasons for favoring ethernet, like not carrying a mobile phone that can facilitate the SMS verify that the library’s captive portal imposes, not to mention I’m not eager to share my mobile number willy nilly. The reason I actually gave her was that that I run a free software based system and the wifi drivers or firmware are proprietary so my wifi card doesn’t work¹. She was also worried that I was stealing an ethernet cable and I had to explain that I carry an ethernet cable with me, which she struggled to believe for a moment. When I said it didn’t work, she was like “good, I’m not surprised”, or something like that.

¹ In reality, I have whatever proprietary garbage my wifi NIC needs, but have a principled objection to a service financed by public money forcing people to install and execute proprietary non-free software on their own hardware. But there’s little hope for getting through to a librarian in the situation at hand, whereby I might as well have been caught disassembling their PCs.

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[–] [email protected] 10 points 6 months ago (3 children)

The UDHR is not a treaty, so it does not create any direct legal bindings. The article you quote may have been excluded, overwritten or rephrased in your jurisdiction.

[–] [email protected] 0 points 6 months ago* (last edited 6 months ago) (2 children)

The UDHR is not a treaty, so it does not create any direct legal bindings.

Sure, but where are you going with this? Legal binding only matters in situations of legal action and orthogonal to its application in a discussion in a forum. Human rights violations are rampant and they rarely go to The Hague (though that frequency is increasing). Human rights law is symbolic and carries weight in the court of public opinion. Human rights law and violations thereof get penalized to some extent simply by widespread condemnation by the public. So of course it’s useful to spotlight HR violations in a pubic forum. It doesn’t require a court’s involvement.

The judge who presided over the merits of the Israel genocide situation explained this quite well in a recent interview. If you expect an international court to single-handedly remedy cases before it, your expectations are off. The international court renders judgements that are mostly symbolic. But it’s not useless. It’s just a small part of the overall role of international law.

The article you quote may have been excluded, overwritten or rephrased in your jurisdiction.

I doubt it. It’s been a while since I read the exemptions of the various rights but I do not recall any mods to Article 21. The modifications do not generally wholly exclude an article outright. They typically make some slight modification, such as some signatories limiting free assembly (Art.20 IIRC) to /safe/ gatherings so unsafe gatherings can be broken up. I would not expect to see libraries excluded from the provision that people are entitled to equal access to public services considering there is also Article 27:

“Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.”

The European HR convocations take that even further iirc.

[–] [email protected] 6 points 6 months ago (1 children)

You are still citing the UDHR as it was law. It is not, so nobody needs to modify Article 21 to violate it as long as established law doesn't recognize it.

If you really want to argue about general guidelines, the UDHR is inadequate because it's just a draft. What you want is the International Covenant on Civil and Political Rights, which is its main successor, and is at least a treaty and also ratified by most countries in the world.

Still, ratifying a treaty still doesn't make it established law, it's just an obligation to implement the treaty as best as is possible into your domestic jurisdiction. Failure to do so will be met with finger-waggling at the next UN meeting, so it's more of an apparatus of peer pressure than anything else.

[–] [email protected] -2 points 6 months ago* (last edited 6 months ago)

I have to say I didn’t downvote you as you’ve been civil and informative so far. But I’m not sure how to cite/quote from the UDHR as though it’s not law. I named the article and pasted the text. For me whether the enforcement machinery is in force doesn’t matter w.r.t to the merits of the discussion. From where I sit, many nations signed the UDHR because it has a baseline of principles worthy of being held in high regard. When the principles are violated outside the context of an enforcement body, the relevance of legal actionability is a separate matter. We are in a forum where we can say: here is a great idea for how to treat human beings with dignity and equality, and here that principle is being violated. There is no court in the loop. Finger wagging manifests from public support and that energy can make corrections in countless ways. Even direct consumer actions like boycotts. Israel is not being held to account for Gaza but people are boycotting Israel.

I guess I’m not grasping your thesis. Are you saying that if a solidly codified national law was not breached, then it’s not worthwhile to spotlight acts that undermine the UDHR principles we hold in high regard?