Human Rights in the Digital
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Downloaded by [University of Liverpool] at 09:13 03 November 2016 HUMAN RIGHTS IN THE DIGITAL AGE Downloaded by [University of Liverpool] at 09:13 03 November 2016 Downloaded by [University of Liverpool] at 09:13 03 November 2016 HUMAN RIGHTS IN THE DIGITAL AGE Edited by Mathias Klang and Andrew Murray Downloaded by [University of Liverpool] at 09:13 03 November 2016 First published in Great Britain 2005 by The GlassHouse Press, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: + 44 (0)20 7278 8000 Facsimile: + 44 (0)20 7278 8080 Email: [email protected] Website: www.cavendishpublishing.com Published in the United States by Cavendish Publishing c/o International Specialized Book Services, 5824 NE Hassalo Street, Portland, Oregon 97213-3644, USA Published in Australia by The GlassHouse Press, 45 Beach Street, Coogee, NSW 2034, Australia Telephone: + 61 (2)9664 0909 Facsimile: +61 (2)9664 5420 Email: [email protected] Website: www.cavendishpublishing.com.au © Cavendish Publishing Ltd 2005 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, without the prior permission in writing of Cavendish Publishing Limited, or as expressly permitted by law, or under the terms agreed with the appropriate reprographics rights organisation. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Cavendish Publishing Limited, at the address above. You must not circulate this book in any other binding or cover and you must impose the same condition on any acquirer. British Library Cataloguing in Publication Data Human rights in the digital age 1Human rights – Great Britain 2 Data protection – Law and legislation – Great Britain I Klang, Mathias II Murray, Andrew 342.4'1085 Library of Congress Cataloguing in Publication Data Downloaded by [University of Liverpool] at 09:13 03 November 2016 Data available ISBN 1-90438-531-1 ISBN 978-1-904-38531-8 1 3 5 7 9 10 8 6 4 2 Printed and bound in Great Britain To the memory of Douglas Vick (1960–2004) He was a legal academic of international standing, but, above all, a kind, thoughtful and gentle man Downloaded by [University of Liverpool] at 09:13 03 November 2016 Downloaded by [University of Liverpool] at 09:13 03 November 2016 Preface The idea for this book crystallised during the course of one evening in Gothenburg in summer 2002. Both of us were independently researching the disruptive effects of technology on established principles of Human Rights and Fundamental Freedoms, and both were feeling frustrated at the lack of a cohesive critical analysis in this juncture. We realised that what was needed was a single source that could be used as an initial reference point for both students and researchers in all fields which intersect this juncture. In short, what was needed was a book that would provide coverage of the key aspects of the subject. Over the course of the next few days we sketched out some of the principles of this book. Our first realisation was that the range of specialist knowledge and skills required dictated that we should engage a team of specialist authors, each of whom could bring with them the particular depth required to address their chosen subject. In gathering our team we have tried to blend authors with practical experience of their subject, such as David Christie, James Couser and Brian Esler, with those from an academic background, such as Douglas Vick, Diane Rowland and Gavin Sutter. We have also blended youth with experience, drawing upon young authors such as Rebecca Wong, Marie Eneman and Bela Chatterjee while acknowledging the contribution of expert commentators such as Jon Bing, Roger Brownsword and Robin Mansell. Finally, we attempted to balance European and North American views by inviting contributors from the US and Canada, such as Daniel Paré, Nart Villeneuve, Ronald Deibert and Brian Esler. We asked these authors to give their individual commentaries on subjects within four broad issues that lie at the heart of the human rights/digital technology nexus: Access, Content, Control and Privacy. The resultant text demonstrates a number of unique viewpoints on these issues. Together we hope that these individual contributions fulfil the aims we had at the outset of this project. We should note that although we relied upon the skill and knowledge of individual authors to decide exactly which topics should be dealt with within their own chapters, our task as editors was to draw these individual strands together to make the book a harmonious whole. As they were writing mostly in ignorance of the precise contents of the other chapters, any responsibility for errors, in particular errors of omission, or a lack of harmony, lies with us alone. We would particularly like to thank them all for all their efforts in producing this book. Additional thanks go to the Kungl Vetenskaps- och Vitterhets- Samhället i Göteborg and the Nordic Academic Exchange Scheme, LSE, whose generous funding enabled Mathias to remain in London while carrying out research and planning for this book. Also, thanks to all at GlassHouse Press for their help and guidance. Finally, our thanks to Marie and Rachel, who patiently assisted us through the last Downloaded by [University of Liverpool] at 09:13 03 November 2016 few months when it seemed we were obsessed with the subject of Human Rights in the Digital Age and who supported us throughout the editing and proofreading process, providing moral support and sustaining cups of tea. Mathias Klang & Andrew Murray November 2004 Downloaded by [University of Liverpool] at 09:13 03 November 2016 Contributors Professor Jon Bing ([email protected]) Jon Bing is Professor in Computers and Law at the Norwegian Research Centre for Computers and Law, University of Oslo. He holds doctor juris (Oslo) and doctor honoris causa (Stockholm and Copenhagen). He is Chair, Forum for Information Security, Co- Chair, Conference Committee, International Conference on Artificial Intelligence and Law and is Knight first rank, Order of St Olav. Jon is on the editorial board of 13 journals in the IT & Law field, including Computer und Recht and the Yearbook of Law, Computers and Technology. Professor Roger Brownsword ([email protected]) Roger Brownsword is a graduate of the London School of Economics (LLB) and was a member of the Department of Law at the University of Sheffield until 2003. In October 2003 he moved from Sheffield to a Chair in Law at Kings College, London. Until recently he was the case-note editor of the Modern Law Review and he is the author of many books and articles on contract law, bioethics and biolaw, and jurisprudence. He is particularly interested in the intersection of legal and moral issues and is working on a new book on Consent in the Law. He is co-author (with Deryck Beyleveld) of the leading text, Human Dignity in Bioethics and Biolaw (Oxford: OUP, 2002). Dr Bela Bonita Chatterjee ([email protected]) Bela Chatterjee recently completed her PhD on Cyberpornography and Law, and is currently a lecturer at Lancaster University. She has a strong interest in feminist and queer legal theory. In recent years, her research has tried to integrate feminist legal critique with legal discourses on cyberspace. David Christie ([email protected]) David Christie is a solicitor with Proactive Employment Lawyers. He has practised exclusively in employment law for several years and contributes to a range of specialist and legal publications. James Couser ([email protected]) James Couser (LLB, LLM, BCL) is a practising barrister and Senior Lecturer in Law at Middlesex University, where he teaches an LLM course on the Regulation of Electronic Technologies. He practises principally in property related law, and is particularly interested in the interaction between personal and proprietary remedies. Dr Ronald J Deibert ([email protected]) Downloaded by [University of Liverpool] at 09:13 03 November 2016 Ronald J Deibert (BA, MA, PhD) is associate professor of political science at the University of Toronto, specialising in media, technology and world politics, and a Ford Foundation Research Scholar of Information and Communication Technologies (2002–03). He is the author of the book Parchment, Printing, and Hypermedia: Communications in World Order Transformation (New York: Columbia UP, 1997). The book was designated as a finalist in the 1998 Donald McGannon Award Competition for Social and Ethical Relevance in Communications from Fordham University, New York. He is also the director of the Citizen Lab, based at the University of Toronto (www.citizenlab.org). The Citizen Lab sponsors research at the intersection of digital media and world civic politics. x Human Rights in the Digital Age Donald has published articles on topics relating to Internet politics, civil society and global politics, earth remote sensing and space policy, and social science epistemology in the journals International Organization, The Review of International Studies, Journal of Social Issues, International Studies Perspectives, Intelligence and National Security and The European Journal of International Relations. He currently serves on the editorial board of the journals International Studies Perspectives, Astropolitics, The Journal of Environmental Peace and Explorations in Media Ecology. Dr Deibert is presently finishing a manuscript on the politics of Internet security, entitled Networks, Firewalls, and Power: Internet Security and World Order. He is also doing research on the Internet and citizen networks and the politics of P2P networks. Marie Eneman ([email protected]) Marie Eneman is a Researcher at the Department of Informatics at the University of Göteborg. She is currently researching within the field of child pornography and information communications technology (ICT), to study the effects of ICT on child pornography.