Hey Stephanie,

I enjoyed your essay. Indeed, I think that the argument that internet access should be perceived as a fundamental right is gaining momentum, as a reaction to the "three-strike" laws that are being drafted in some countries. You might also want to note that this view was also initially shared by the European Parliament in last year's debate on the reform of the European framework for electronic communications; it proposed an amendment to the legislation with the following wording: "No restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened where the ruling may be subsequent." However, this amendment met strong opposition and it was finally adopted in a much more mild wording, in Directive 2009/136/EC ("This Directive neither mandates nor prohibits conditions, imposed by providers of publicly available electronic communications and services, limiting end-users’ access to, and/or use of, services and applications, where allowed under national law and in conformity with Community law, but lays down an obligation to provide information regarding such conditions. National measures regarding end-users’ access to, or use of, services and applications through elec­tronic communications networks shall respect the fundamental rights and freedoms of natural persons, including in relation to privacy and due process, as defined in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.")

-- NikolaosVolanis - 24 Mar 2010