Freedom of information in the context of "Hacker ethics"

In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision of what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. Some laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary to coworkers or attempting to organize a labor union.

The First Amendment's freedom of speech right not only proscribes most government restrictions on the content of speech and ability to speak, but also protects the right to receive information, prohibits most government restrictions or burdens that discriminate between speakers, restricts the tort liability of individuals for certain speech, and prevents the government from requiring individuals and corporations to speak or finance certain types of speech with which they do not agree.

Hacktivism (or hactivism; a portmanteau of hack and activism) is the use of computer-based techniques such as hacking as a form of civil disobedience to promote a political agenda or social change. A form of Internet activism with roots in hacker culture and hacker ethics, its ends are often related to free speech, human rights, or freedom of information movements.

Hacktivist activities span many political ideals and issues. Hyphanet, a peer-to-peer platform for censorship-resistant communication, is a prime example of translating political thought and freedom of speech into code. Hacking as a form of activism can be carried out by a singular activist or through a network of activists, such as Anonymous and WikiLeaks, working in collaboration toward common goals without an overarching authority figure. For context, according to a statement by the U.S. Justice Department, Julian Assange, the founder of WikiLeaks, plotted with hackers connected to the "Anonymous" and "LulzSec" groups, who have been linked to multiple cyberattacks worldwide. In 2012, Assange, who was being held in the United Kingdom on a request for extradition from the United States, gave the head of LulzSec a list of targets to hack and informed him that the most significant leaks of compromised material would come from the National Security Agency, the Central Intelligence Agency, or the New York Times.

Freedom of information laws allow access for the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years the term "Access to Information Act" has also been used. Such laws establish a "right-to-know" legal process by which requests may be made for government-held information, to be provided at little or no cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws (in the United States), governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees of the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.

The right to public participation is a human right enshrined by some international and national legal systems that protects public participation in certain decision making processes. Article 21 of the Universal Declaration of Human Rights states the right of every person to participate in the affairs of his country, either directly or by selecting representatives. Likewise, the right to political participation means the right under which the ruling authority is committed to providing rights to citizens, including the right to nominate and elect representatives, to hold public office in accordance with the principle of equal opportunities, to participate in private and public meetings, and the right to form and join political parties. Article 25 of the International Covenant on Civil and Political Rights makes a similar declaration about the right to participate in the management of public affairs and in periodic elections.

In some jurisdictions, the right to public participation is enshrined by law. The right to public participation may also be conceived of as human right, or as manifestation of the right to freedom of association and freedom of assembly. As such the Netherlands, Germany, Denmark and Sweden, have public participation and freedom of information provisions in their legal systems since before the Middle Ages. Democracy and public participation are closely connected democratic societies have incorporated public participation rights into their laws for centuries. For example, in the US the right to petition has been part of the First Amendment of the US constitution since 1791. More recently, since the 1970s in New Zealand numerous laws (e.g.: health, local government, environmental management) require government officials to "consult" those affected by a matter and take their views into consideration when making decisions.

Reporters Without Borders (RWB; French: Reporters sans frontières; RSF) is an international non-profit and non-governmental organization headquartered in Paris, which focuses on safeguarding the right to freedom of information. It describes its advocacy as founded on the belief that everyone requires access to the news and information, in line with Article 19 of the Universal Declaration of Human Rights that recognises the right to receive and share information regardless of frontiers, along with other international rights charters. RSF has consultative status at the United Nations, UNESCO, the Council of Europe, and the International Organisation of the Francophonie.

RSF works on the ground in defence of individual journalists at risk and at the highest levels of government and international forums to defend the right to freedom of expression and information. It provides daily briefings and press releases on threats to media freedom in French, English, Spanish, Portuguese, Arabic, Persian and Chinese and publishes an annual press freedom round up, the World Press Freedom Index, that measures the state of media freedom in 180 countries. The organisation provides assistance to journalists at risk and training in digital and physical security, as well as campaigning to raise public awareness of abuse against journalists and to secure their safety and liberty. RSF lobbies governments and international bodies to adopt standards and legislation in support of media freedom and takes legal action in defence of journalists under threat. In addition, RSF keeps a yearly count of journalists killed on the job.

Pirate Party is a label adopted by various political parties worldwide that share a set of values and policies focused on civil rights in the digital age. The fundamental principles of Pirate Parties include freedom of information, freedom of the press, freedom of expression, digital rights and internet freedom. The first Pirate Party, initially named "Piratpartiet", was founded in Sweden in 2006 by Rick Falkvinge. Since then, the movement has expanded to over 60 countries.