Rule of Law on the Internet and in the Wider Digital World Law on the Internet and the Wider Digital Environment

Total Page:16

File Type:pdf, Size:1020Kb

Rule of Law on the Internet and in the Wider Digital World Law on the Internet and the Wider Digital Environment The rule of We exercise a significant part of our human rights today using the and in the wider digital world on the Internet rule of law The law on the Internet and the wider digital environment. But our human rights can also be breached using these very same means. Internet and There is general agreement that human rights should be enjoyed online as they are offline. In practice, however, the actors who can ensure that we enjoy human rights are not exactly the same in the in the wider two environments. In particular, the disproportionate influence and control that certain states and certain private companies exercise on the Internet and its physical infrastructure at the global level, are two digital world essential elements of this difference. This issue paper looks at how the rule of law can be maintained in an environment characterised by these specific governance issues, focusing on some policy areas of particular human rights relevance: freedom of expression, data protection and privacy, cybercrime and national security. It suggests possible ways forward to ensure that we can trust the rule of law to apply to our online activities. www.commissioner.coe.int 70114 ENG PREMS ENG The Council of Europe is the continent’s leading Issue paper human rights organisation. It comprises 47 member states, 28 of which are members of the European Union. All Council of Europe member states have signed up to the European Convention on Human Rights, a treaty designed to protect human rights, democracy and the rule of law. The European Court of Human Rights oversees the implementation of the Convention in the member states. The rule of law on the Internet and in the wider digital world Issue paper published by the Council of Europe Commissioner for Human Rights Council of Europe The opinions expressed in this work are the responsibility of the author and do not necessarily reflect the official policy of the Council of Europe. All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). All other correspondence concerning this document should be addressed to the Office of the Commissioner for Human Rights. Issue papers are published by the Commissioner for Human Rights to contribute to debate and reflection on important current human rights issues. Many of them also include recommendations by the Commissioner for addressing the concerns identified. The opinions expressed in these expert papers do not necessarily reflect the Commissioner’s position. Acknowledgements: Issue papers are available This issue paper was prepared by on the Commissioner’s website: Professor Douwe Korff, Visiting Fellow, www.commissioner.coe.int Yale University (Information Society Project), and Oxford Martin Associate, Cover photo: © Shutterstock Oxford Martin School, University of Cover: Documents and Publications Oxford, UK. He and the Commissioner Production Department (SPDP) are also grateful to Joe McNamee of Council of Europe European Digital Rights, EDRi, for the Layout: Jouve, Paris very useful comments and additions he provided to the draft version of this © Council of Europe, December 2014 issue paper, in particular on privatised Printed at the Council of Europe law enforcement. Contents ABBREVIATIONS 5 EXECUTIVE SUMMARY 7 A new environment for human activities 7 The nature of the digital environment 8 The rule of law in the digital environment 10 The issues, and the balance between them 15 THE COMMISSIONER’S RECOMMENDATIONS 21 I. On the universality of human rights, and their equal application online and offline 21 II. On data protection 22 III. On Cybercrime 22 IV. On jurisdiction 23 V. On human rights and private entities 23 VI. On blocking and filtering 24 VII. On national security activities 24 INTRODUCTION 25 1. A NEW ENVIRONMENT FOR HUMAN ACTIVITIES 27 1.1. Political, social, cultural and human rights activities 27 1.2. Cybercrime, cybersecurity, terrorism and national security 28 2. THE NATURE OF THE DIGITAL ENVIRONMENT 31 2.1. Dangerous data 31 2.2. Global and private, but not in the sky 33 2.3. Who is in control? 36 3. THE RULE OF LAW IN THE DIGITAL ENVIRONMENT 43 3.1. The rule of law 43 3.2. The basic “rule of law” tests developed by the European Court of Human Rights 45 3.3. “Everyone”, without discrimination 48 3.4. “Within [a contracting state’s] [territory and] jurisdiction” 50 3.5. Human rights and private entities 63 3.6. Exercise of extraterritorial jurisdiction by states 76 4. THE ISSUES, AND THE BALANCE BETWEEN THEM 81 4.1. The issues 81 4.2. Freedom of expression 82 4.3. Privatised law enforcement 85 4.4. Data protection 87 4.5. Cybercrime 93 4.6. National security 107 4.7. The delicate (and unresolved) balances 111 Page 3 All the judgments and decisions of the European Court of Human Rights cited in this issue paper are available from the Court’s case law database, HUDOC: http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx# Abbreviations 5EYES The intelligence partnership between the USA, the UK, Australia, Canada and New Zealand CCTV closed-circuit television CFR Charter of Fundamental Rights of the European Union CJEU Court of Justice of the European Union DMCA US Digital Millennium Copyright Act DNS SEC Domain Name System Security Extensions DP data protection DPA data protection authority DP Convention Council of Europe Data Protection Convention (Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, ETS No. 108) DPI deep packet inspection ECHR European Convention on Human Rights EDRi European Digital Rights EFF Electronic Frontier Foundation EU European Union FISA US Foreign Intelligence Surveillance Act GCHQ UK Government Communications Headquarters HUMINT human intelligence I-ACHR Inter-American Convention on Human Rights ICANN Internet Corporation for Assigned Names and Numbers ICCPR International Covenant on Civil and Political Rights ICJ International Court of Justice IGF Internet Governance Forum IP Internet Protocol Page 5 ISP Internet service provider ITU International Telecommunication Union IWF Internet Watch Foundation MLATs mutual legal assistance treaties MNO mobile network operator NGO non-governmental organisation NSA (US) National Security Agency PII personally identifiable information PNR passenger name record RPKI Resource Public Key Infrastructure SEA-ME-WE-4 South East Asia–Middle East–West Europe 4project SIGINT signals intelligence T-CY Cybercrime Convention Committee UDHR Universal Declaration of Human Rights UNODC United Nations Office on Drugs and Crime The rule of law on the Internet Page 6 Executive summary his issue paper addresses a pressing question: how can we ensure that the rule of law is established and maintained on the Internet and in the wider digital T world? Section 1 describes the range of online activities and the threats to this environment; section 2 discusses the emerging “Internet governance” principles, and notes the special control exercised over the digital world by the USA (and the UK, in respect of Europe), which could lead to fragmentation of the Internet in response. Section 3 sketches the international standards of the rule of law, and some problems in the application of law in this new environment. Section 4 looks in some more detail at the main issues emerging from the earlier sections – freedom of expression, privatised law enforcement, data protection, cybercrime and national security – and discusses the delicate balances that need to be struck. The Council of Europe Commissioner for Human Rights has formulated a number of recommendations on the basis of the issues raised by this issue paper; these are set out after this executive summary. A new environment for human activities We live in a global digital environment that has created new means for local, regional and global activities, including new types of political activism, cultural exchanges and the exercise of human rights. These activities are not virtual in the sense of “not truly real”. On the contrary, they are an essential part of real citizens’ lives. Restrictions on access to the Internet and digital media, and attempts to monitor our online activities or e-communications, interfere with our fundamental rights to freedom of expression and information, freedom of association, privacy and private life (and possibly other rights such as freedom of religion and belief, or the right to a fair trial). The new global digital environment of course also creates a new space for unlawful behaviour: for the dissemination of hate speech or child pornography, incitement to violence, breaches of copyright (“piracy”), fraud, identity theft, money laundering and attacks on the e-communications infrastructure itself through malware (such as Trojans and worms) or “denial of service” attacks. Cybercrime and cybersecurity have become major concerns. These threats are increasingly transnational, and there is a broad international con- sensus on the need to deal with cybercrime, cybersecurity and terrorism, but there is much less agreement on specifics – or even what constitutes a threat. Page 7 Four issues stand out. First, state actions aiming to counter cybercrime, threats to cybersecurity and threats to national security are increasingly intertwined; the boundaries between such activities are blurred, and the institutions and agencies dealing with them work more closely together. Second, states are now co-ordinating their actions in all these
Recommended publications
  • Botnets, Cybercrime, and Cyberterrorism: Vulnerabilities and Policy Issues for Congress
    Order Code RL32114 Botnets, Cybercrime, and Cyberterrorism: Vulnerabilities and Policy Issues for Congress Updated January 29, 2008 Clay Wilson Specialist in Technology and National Security Foreign Affairs, Defense, and Trade Division Botnets, Cybercrime, and Cyberterrorism: Vulnerabilities and Policy Issues for Congress Summary Cybercrime is becoming more organized and established as a transnational business. High technology online skills are now available for rent to a variety of customers, possibly including nation states, or individuals and groups that could secretly represent terrorist groups. The increased use of automated attack tools by cybercriminals has overwhelmed some current methodologies used for tracking Internet cyberattacks, and vulnerabilities of the U.S. critical infrastructure, which are acknowledged openly in publications, could possibly attract cyberattacks to extort money, or damage the U.S. economy to affect national security. In April and May 2007, NATO and the United States sent computer security experts to Estonia to help that nation recover from cyberattacks directed against government computer systems, and to analyze the methods used and determine the source of the attacks.1 Some security experts suspect that political protestors may have rented the services of cybercriminals, possibly a large network of infected PCs, called a “botnet,” to help disrupt the computer systems of the Estonian government. DOD officials have also indicated that similar cyberattacks from individuals and countries targeting economic,
    [Show full text]
  • What Every Citizen Should Know About DRM, A.K.A. “Digital Rights Management”
    What Every Citizen Should Know About DRM, a.k.a. “Digital Rights Management” By Mike Godwin Senior Technology Counsel Public Knowledge PUBLIC KNOWLEDGE NEW AMERICA FOUNDATION What Every Citizen Should Know About DRM, a.k.a. “Digital Rights Management” By Mike Godwin Senior Technology Counsel Public Knowledge NEW AMERICA FOUNDATION Washington, DC Acknowledgements This “DRM primer” would not have come about without the author’s having worked with an informal “Risks of Copy Protection” expert group that includes Ed Felten, Matt Blaze, Phil Karn, Steve Bellovin, Bruce Schneier, Alan Davidson, John Morris, Hal Abelson, and Bill Cheswick. Two members of the group — Ed Felten and Matt Blaze — deserve special thanks for framing a number of copy-protection technology issues with such clarity that I have to some extent reproduced that clarity here. Phil Karn similarly deserves special thanks for his discussion of the extent to which peer-to-peer file-sharing is a feature of the Inter- net’s fundamental design. Andy Moss and Aaron Burstein each made a wide range of helpful comments and observations on earlier drafts of this primer. I’m particularly grateful to my boss, Gigi Sohn, for giving me the opportunity to explore the landscape of digital rights management and to develop further some of my ideas about the directions in which DRM may take us. I’m also thankful for the support and feedback of my other fellow staff members at Public Knowledge — Sarah Brown, Alex Curtis, Ann Dev- ille, and Nathan Mitchler. I consider myself fortunate to be backed by such a knowledgeable and resourceful team; each of my colleagues contributed in many ways to the development of this project, and all of them read this paper in various stages of development and offered helpful corrections and suggestions.
    [Show full text]
  • Lauri Love -V- the Government of the United States of America & Liberty
    Neutral Citation Number: [2018] EWHC 172 (Admin) Case No: CO/5994/2016 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Royal Courts of Justice Strand, London, WC2A 2LL Date: 05/02/2018 Before: THE RIGHT HONOURABLE THE LORD BURNETT OF MALDON THE LORD CHIEF JUSTICE and THE HONOURABLE MR JUSTICE OUSELEY - - - - - - - - - - - - - - - - - - - - - Between: LAURI LOVE Appellant - and - THE GOVERNMENT OF THE UNITED STATES Respondent OF AMERICA - and - LIBERTY Interested Party - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MR EDWARD FITZGERALD QC AND MR BEN COOPER (instructed by KAIM TODNER SOLICITORS LTD) for the Appellant MR PETER CALDWELL (instructed by CPS EXTRADITION UNIT) for the Respondent MR ALEX BAILIN QC AND MR AARON WATKINS (instructed by LIBERTY) for the Interested Party Hearing dates: 29 and 30 November 2017 - - - - - - - - - - - - - - - - - - - - - Approved Judgment Judgment Approved by the court for handing down. Love v USA THE LORD CHIEF JUSTICE AND MR JUSTICE OUSELEY : 1. This is the judgment of the Court. 2. Lauri Love appeals against the decision of District Judge Tempia, sitting at Westminster Magistrates’ Court on 16 September 2016, to send his case to the Secretary of State for the Home Department for her decision whether to order his extradition to the United States of America, under Part 2 of the Extradition Act 2003 [“the 2003 Act”]. The USA is a category 2 territory under that Act. On 14 November 2016, the Home Secretary ordered his extradition. 3. The principal
    [Show full text]
  • Edri Submission to UN Special Rapporteur David Kaye's Call on Freedom of Expression and the Private Sector in the Digital Age
    EDRi submission to UN Special Rapporteur David Kaye's call on freedom of expression and the private sector in the digital age Introduction EDRi is a not-for-profit association of digital civil rights organisations. Our objectives are to promote, protect and uphold civil rights in the field of information and communication technology. European Digital Rights (EDRi) welcomes the UN Special Rapporteur on freedom of opinion and expression David Kaye’s public consultation on the role of ICT companies vis-à-vis freedom of expression in the digital environment to identify: I. the categories of actors in the ICT sector whose activities implicate the freedom of opinion and expression; II. the main legal issues raised for freedom of opinion and expression within the ICT sector; and III. the conceptual and normative work already done to develop corporate responsibility and human rights frameworks in these spaces, including governmental, inter-governmental, civil society, corporate and multistakeholder efforts. I. ICT actors with a potential to impact freedom of expression and opinion In order to communicate online, it is necessary to rely on a chain of different service providers, often based in different jurisdictions and with whom one may have no direct relationship at all. For example, if "zero-rating" or even data caps are imposed by Internet access providers in a country and you have no organisational and financial capacity to be "zero-rated", your ability to communicate with people that are using such restricted services is limited and there is no "leverage" with the ISPs that connect your intended audience with the Internet.
    [Show full text]
  • Green Views on Digital Rights and Digital Commons
    Adopted Policy Paper GREEN VIEWS ON DIGITAL RIGHTS AND DIGITAL COMMONS Introduction As information, digital technologies and the internet play an increasingly important role in today’s society, new forms of cooperation and work can emerge, as well as alternative economic models and new possibilities for involving citizens in society and political participation. Meanwhile, a whole array of new laws since the end of the 90s – from “intellectual property” to security – keep raising deep concerns. We Greens are taking a stand to defend individual rights and serve public interests. The European Greens want to take a leading role in building and strengthening digital commons and enabling all people to take part in digital society. As Greens we like to see the internet, the worldwide digital infrastructure as digital commons1. That means a free and open common ground for all citizens to communicate, share and profit from available resources. However, we know that in reality the internet is far from being free, open and for the benefit of all citizens. We also recognise the limits of governmental intervention in a global infrastructure and the dangers of state interference in the free flow of information. But to safeguard digital rights we need the intervention by national states, the European Union and the entire global community. We Greens want to achieve an internet and digital society where civil rights are respected and all citizens can profit equally from the rich amounts of information and culture that are now accessible while acknowledging author rights. In view of rapid technological developments these goals must also be applicable to devices and tools outside the internet where the right to privacy is at stake.
    [Show full text]
  • Privacy International, Human and Digital Rights Organizations, and International Legal Scholars As Amici Curiae in Support of Respondent
    No. 17-2 IN THE Supreme Court of the United States IN THE MdATTER OF A WARRANT TO SEARCH A CERTAIN EMAIL ACCOUNT CONTROLLED AND MAINTAINED BY MICROSOFT CORPORATION UNITED STATES OF AMERICA, Petitioner, —v.— MICROSOFT CORPORATION, Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT BRIEF OF PRIVACY INTERNATIONAL, HUMAN AND DIGITAL RIGHTS ORGANIZATIONS, AND INTERNATIONAL LEGAL SCHOLARS AS AMICI CURIAE IN SUPPORT OF RESPONDENT LAUREN GALLO WHITE BRIAN M. WILLEN RYAN T. O’HOLLAREN Counsel of Record WILSON, SONSINI, GOODRICH BASTIAAN G. SUURMOND & ROSATI, P.C. WILSON, SONSINI, GOODRICH One Market Plaza Spear Tower, & ROSATI, P.C. Suite 3300 1301 Avenue of the Americas, San Francisco, California 94105 40th Floor (415) 947-2000 New York, New York 10019 [email protected] (212) 999-5800 [email protected] [email protected] [email protected] Attorneys for Amici Curiae (Counsel continued on inside cover) CAROLINE WILSON PALOW SCARLET KIM PRIVACY INTERNATIONAL 62 Britton Street London, EC1M 5UY United Kingdom [email protected] [email protected] i QUESTION PRESENTED Whether construing the Stored Communications Act (“SCA”) to authorize the seizure of data stored outside the United States would conflict with foreign data-protection laws, including those of Ireland and the European Union, and whether these conflicts should be avoided by applying established canons of construction, including presumptions against extra- territoriality and in favor of international comity, which direct U.S. courts to construe statutes as applying only domestically and consistently with foreign laws, absent clear Congressional intent. ii TABLE OF CONTENTS PAGE QUESTION PRESENTED ..........................
    [Show full text]
  • Annual Report 2017
    101110101011101101010011100101110101011101101010011100 10111010101110110101001 10101110001010 EDRi EUROPEAN DIGITAL RIGHTS 110101011101101010011100101011101101010011100101 10101110110101000010010100EUROPEAN010 DIGITAL001 RIGHTS11011101110101011101101100000100101101000 DEFENDING RIGHTS AND FREEDOMS ONLINE 01000111011101110101 101011101101010000100101000100011101110111010101110110110000010010110100001000111011101110101 101110101010011100 101110101011101101010011100 101011101101010000100101000100011101 101011101101010000100101000100011101110111010101110110110000010010110100001000111011101110101 101110101010011100 101110101011101101010011100 1010111011010100001001010001000111011101110101011101101100000 101011101101010000100101000100011101110111010101110110110000010010110100001000111011101110101 101110101010011100 101110101011101101010011100 10101110110101000010010100010001110111011101010111011011000001001011010000100011101110111010 101011101101010000100101000100011101110111010101110110110000010010110100001000111011101110101 101110101010011100 101110101011101101010011100 101011101101010000100101000100011101110111010101110110110000010010110100001000111011101110101 101110101010011100 101110101011101101010011100 EUROPEAN DIGITAL RIGHTS EUROPEAN DIGITAL RIGHTS ANNUAL REPORT 2017 1011011101101110111010111011111011 January 2017 – December 2017 1011011101101110111011101100110111 101011101101010000100101000100011101110111010101110110110000010010110100001000111011101110101 101110101010011100 101110101011101101010011100 101011101101010000100101000100011101110111010101110110110000010010110100001000111011101110101
    [Show full text]
  • Global Statement to Safeguard Data Protection and Privacy In
    CONSUMER AND DIGITAL RIGHTS GROUPS CALL ON THE GLOBAL INTERNATIONAL JOINT INITIATIVE ON E-COMMERCE TO STATEMENT SAFEGUARD DATA PROTECTION AND PRIVACY Since January 2019, more than 80 countries of the World Trade Organization (WTO) have been negotiating a new rule book for digital trade. This process is called the Joint Statement Initiative on e-commerce (JSI). The announced goal of this initiative is to define global rules to make it easier for consumers and companies to trade online. Cross-border data flows are one of the key provisions in these negotiations. The purported objective is to facilitate international data transfers across national borders. It is crucial to consider the broad implications of any cross-border data flows provisions, which could undermine people’s human right to privacy and personal data protections1. Failing to do so would defeat another ostensible purpose of these negotiations: to enhance consumer trust online. Many digital services rely on the collection and processing of personal data. At the same time, consumers wish to have control over their personal data. Scandals like Cambridge Analytica, the invasive and constant tracking and exploitation of people’s data have eroded people’s trust in cross-border data transfers2. 72% of surveyed consumers across the globe are concerned about the collection of their personal data by companies online3. That is why consumer and digital rights groups around the world are uniting their voices to call for strong and meaningful privacy protections in any international agreements that touch on cross-border data transfers. The outcome of the JSI negotiations must put people’s rights to privacy and personal data protection first.
    [Show full text]
  • Forbidden Feeds: Government Controls on Social Media in China
    FORBIDDEN FEEDS Government Controls on Social Media in China 1 FORBIDDEN FEEDS Government Controls on Social Media in China March 13, 2018 © 2018 PEN America. All rights reserved. PEN America stands at the intersection of literature and hu- man rights to protect open expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Founded in 1922, PEN America is the largest of more than 100 centers of PEN International. Our strength is in our membership—a nationwide community of more than 7,000 novelists, journalists, poets, es- sayists, playwrights, editors, publishers, translators, agents, and other writing professionals. For more information, visit pen.org. Cover Illustration: Badiucao CONTENTS EXECUTIVE SUMMARY 4 INTRODUCTION : AN UNFULFILLED PROMISE 7 OUTLINE AND METHODOLOGY 10 KEY FINDINGS 11 SECTION I : AN OVERVIEW OF THE SYSTEM OF SOCIAL MEDIA CENSORSHIP 12 The Prevalence of Social Media Usage in China 12 Digital Rights—Including the Right to Free Expression—Under International Law 14 China’s Control of Online Expression: A Historical Perspective 15 State Control over Social Media: Policy 17 State Control over Social Media: Recent Laws and Regulations 18 SECTION II: SOCIAL MEDIA CENSORSHIP IN PRACTICE 24 A Typology of Censored Topics 24 The Corporate Responsibility to Censor its Users 29 The Mechanics of Censorship 32 Tibet and
    [Show full text]
  • Impacts of Artificial Intelligence Development on Human Rights, Democracy and the Rule of Law
    HIGH-LEVEL CONFERENCE Governing the Game Changer – Impacts of artificial intelligence development on human rights, democracy and the rule of law Conference co-organised by the Finnish Presidency of the Council of Europe Committee of Ministers and the Council of Europe 26 – 27 February 2019, Helsinki, Finland – Finlandia Hall Conference Report by Joe McNamee1 Introduction The growth of artificial intelligence in its various forms has a wide range of impacts on our society. We are very much at the beginning of this phenomenon, with the challenges and opportunities, risks and possible risks becoming more obvious as new technologies and applications start to be used. It is therefore clear that it is important to facilitate a critical, open and inclusive discussion, in order to maximise the benefits and minimise the risks to society of such technological developments. To achieve this goal, the Finnish Presidency of the Council of Europe Committee of Ministers and the Council of Europe worked together to organise a multi- stakeholder discussion of the impact of artificial intelligence on the three pillars on which the Council of Europe is founded, namely its impact on human rights, democracy and the rule of law. Core points of discussion emerging from the conference During the discussions, several points emerged as themes, raised by multiple speakers: - the Council of Europe has a significant and global role in promoting human rights compliant and supportive AI. This is due to its core competence and its responsibility for key Conventions that are open for signature globally. - there are potential positive and negative impacts anticipated in the area of AI.
    [Show full text]
  • Ethical Hacking
    Ethical Hacking Alana Maurushat University of Ottawa Press ETHICAL HACKING ETHICAL HACKING Alana Maurushat University of Ottawa Press 2019 The University of Ottawa Press (UOP) is proud to be the oldest of the francophone university presses in Canada and the only bilingual university publisher in North America. Since 1936, UOP has been “enriching intellectual and cultural discourse” by producing peer-reviewed and award-winning books in the humanities and social sciences, in French or in English. Library and Archives Canada Cataloguing in Publication Title: Ethical hacking / Alana Maurushat. Names: Maurushat, Alana, author. Description: Includes bibliographical references. Identifiers: Canadiana (print) 20190087447 | Canadiana (ebook) 2019008748X | ISBN 9780776627915 (softcover) | ISBN 9780776627922 (PDF) | ISBN 9780776627939 (EPUB) | ISBN 9780776627946 (Kindle) Subjects: LCSH: Hacking—Moral and ethical aspects—Case studies. | LCGFT: Case studies. Classification: LCC HV6773 .M38 2019 | DDC 364.16/8—dc23 Legal Deposit: First Quarter 2019 Library and Archives Canada © Alana Maurushat, 2019, under Creative Commons License Attribution— NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) https://creativecommons.org/licenses/by-nc-sa/4.0/ Printed and bound in Canada by Gauvin Press Copy editing Robbie McCaw Proofreading Robert Ferguson Typesetting CS Cover design Édiscript enr. and Elizabeth Schwaiger Cover image Fragmented Memory by Phillip David Stearns, n.d., Personal Data, Software, Jacquard Woven Cotton. Image © Phillip David Stearns, reproduced with kind permission from the artist. The University of Ottawa Press gratefully acknowledges the support extended to its publishing list by Canadian Heritage through the Canada Book Fund, by the Canada Council for the Arts, by the Ontario Arts Council, by the Federation for the Humanities and Social Sciences through the Awards to Scholarly Publications Program, and by the University of Ottawa.
    [Show full text]
  • Digital Rights Are Human Rights
    1 DFF celebrated Human Rights Day 2020 with a count- down that kicked off on 24 November and ran until 10 December. Each day for 16 days, we published a short article illustrating how digital rights are human rights. Each bite size post was written by an esteemed guest author in our network. Collectively, the series shows how the 1948 Universal Declaration of Human Rights remains relevant today, with the digital age presenting many new and urgent challenges to our human rights. The mini-series was inspired by the excellent Privacy Matters project from Privacy International. List of Contributors Sarah Chander European Digital Rights (EDRi) Rasha Abdul Rahim Amnesty Tech Chloe Setter Global Alliance (WPGA) Samantha Newbery University of Salford Griff Ferris Fair Trials Ilia Siatitsa Privacy International Lea Beckmann Gesellschaft Freiheitsrechte (GFF) Ivan Stepanov Max Planck Institute for Innovation and Competition David Kaye University of California Ilia Siatitsa Privacy International Nora Mbagathi Open Society Justice Initiative Jedrzej Niklas Data Justice Lab James Farrar Worker Info Exchange Lotte Houwing Bits of Freedom Jen Persson defenddigitalme Adele Vrana and Anasuya Sengupta Whose Knowledge? 2 The right to equal enjoyment of human rights UDHR Articles 1-2 By Sarah Chander, Senior Policy Advisor at European Digital Rights (EDRi). Articles 1 and 2 of the Universal Declaration of target and experiment on communities at the Human Rights tell us that all human beings are margins. In the world of work, the roll-out of a equal. Unfortunately, we know that in our world, range of automated decision-making systems has we are still a long way from realising these rights.
    [Show full text]