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David Aaron Kaye David A. Kaye [email protected] Signal/WhatsApp/secure email/PGP (on request) Twitter: @davidakaye CURRENT APPOINTMENT UC Irvine School of Law, Irvine, California Summer 2012 – currently Clinical Professor of Law; Director, International Justice Clinic Areas of research and teaching include public international law, human rights law, digital rights/internet law, federal courts, and international humanitarian law. Direct projects in human rights, freedom of expression, privacy and humanitarian law. OTHER APPOINTMENTS UN Special Rapporteur on the Right to Freedom of Opinion and Expression August 2014 – July 2020 Appointed by the United Nations Human Rights Council as the UN’s principal monitor of the human right to freedom of opinion and expression. Particular focus on emerging issues in the digital age. Website: https://freedex.org/. GWU Law School and Oxford University, Oxford, United Kingdom Summer 2016 Professor of Human Rights Law Taught course on human rights in the digital age in the GW/Oxford summer law school program. UCLA School of Law, Los Angeles, California Fall 2007 – Summer 2012 Executive Director, International Human Rights Law Program Director, International Justice Clinic Founded and provided overall direction for human rights law program and clinic. Taught human rights law and international justice clinic focusing on accountability for serious human rights violations. Whittier Law School, Costa Mesa, California; Toulouse; Amsterdam Fall 2005 – Summer 2007 Visiting Assistant Professor Taught international law, international trade law, sexual orientation and human rights law, and property. Georgetown University Law Center, Washington, D.C. 2002 Adjunct Professor of Law (international humanitarian law) GOVERNMENT LEGAL POSITIONS Embassy of the United States, The Hague, The Netherlands Deputy Legal Counselor 2002 – 2005 U.S. liaison to the International Criminal Tribunal for the former Yugoslavia (ICTY), Permanent Court of Arbitration, and other legal institutions in The Hague. Co-counsel of the United States before the International Court of Justice (Oil Platforms, Avena) and Iran-U.S. Claims Tribunal. Office of the Legal Adviser, U.S. Department of State, Washington, D.C. Attorney-Adviser 1995 – 2002 Special assistant in 2000 – 2001 and principal staff attorney in areas including international humanitarian and international criminal law, nuclear nonproliferation, law of state responsibility, litigation before Iran- U.S. Claims Tribunal. Awarded four Superior Honor Awards and one Meritorious Honor Award. David A. Kaye page 2 EDUCATION University of California, Berkeley, School of Law J.D. 1995 University of California at Berkeley B.A. (Rhetoric) 1990 PROFESSIONAL MEMBERSHIP AND LEADERSHIP Global Network Initiative, Independent Board Chair (as of October 2020) ARTICLE 19, International Board Member (as of August 2020) Global Internet Forum to Counter Terrorism, Independent Advisory Committee, Member Reporters Sans Frontiers (RSF) Forum on Information and Democracy, Steering Committee, Member World Economic Forum, Advancing Global Digital Safety Project, Steering Committee, Member Council on Foreign Relations, Life Member California State Bar, Member UC Center for Free Speech and Civic Discourse, Academic Board Member UC Irvine Forum for the Academy and the Public, Board Member UCI Campus Privacy Committee PEN America, LA Committee Member American Society of International Law Co-Editor, ASIL Insights (2009 – 2013); Executive Council (2010 – 2013); Executive Committee (2010 - 11); Program Committee Member, 2010 and 2013 Annual Meetings & 2011 Midyear Meeting International Justice Resource Center, Advisory Board Member DC Circuit Court of Appeals, Member of the Bar SELECTED GRANTS Knight Foundation (2019-2021): UCI Law Project on social media and content moderation oversight Ford Foundation (2015 – continuing): Support for UCI Law’s work on global freedom of expression in digital age Open Society Foundations (2019-2020): Support for digital rights work Humanity United (2010 – 2012): Support for work on international criminal justice (UCLA/UCI) SELECTED PUBLICATIONS Book Speech Police: The Global Struggle to Govern the Internet (Columbia Global Reports 2019). UN Research/Reporting Technology and human rights Online Hate Speech (9 October 2019), UN Doc. A/74/486. The Private Surveillance Industry (28 May 2019), UN Doc. A/HRC/41/35 Artificial Intelligence and Freedom of Opinion and Expression (29 August 2018), UN Doc. A/73/348. Company Content Moderation and State Regulation (6 April 2018), UN Doc. A/HRC/38/35. The Private Sector in the Digital Age, UN Doc. A/HRC/32/38 (11 May 2016). David A. Kaye page 3 Encryption and Anonymity, UN Doc. A/HRC/29/32 (22 May 2015). Freedom of expression more generally Academic Freedom and International Human Rights Law (UN Doc. A/75/261) (28 July 2020) Disease Pandemics and the Freedom of Opinion and Expression (23 April 2020), UN Doc. A/HRC/44/49. Right to Information in International Organizations (18 August 2017), UN Doc. A/72/350. Contemporary Challenges to Freedom of Expression (6 September 2016), UN Doc. A/71/373. The Protection of Sources and Whistleblowers, UN Doc. A/70/361 (8 September 2015). Country Mission Reports: Tajikistan, Japan, Turkey, Mexico, Liberia, Ecuador, Ethiopia, available at https://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/Visits.aspx. Articles, Essays, Reviews Legitimacy, Collective Authority and Internet Governance: A Reflection on David Caron’s Study of the UN Security Council, 37 BERKELEY J. INTERNATIONAL LAW 289/46 ECOLOGY LAW QUARTERLY 135 (2019). Foreword: Private Actors and Human Rights Online, in HUMAN RIGHTS IN THE AGE OF PLATFORMS (MIT: 2019, Rikke Frank Jørgensen, ed.). The Limits of Supply-Side Internet Freedom, KNIGHT FIRST AMENDMENT INSTITUTE, EMERGING THREATS SERIES, available at https://knightcolumbia.org/content/limits-supply-side-internet-freedom (June 2018). Right is Might, in Committee to Protect Journalists, ATTACKS ON THE PRESS (2017). Preface: Report on Platform Regulations, IGF DYNAMIC COALITION ON PLATFORM REGULATIONS, ed. Nicolo Zingales & Luca Belli (2017), text available at https://freedex.org/2017/11/12/platform-regulation-a- preface/. The Council and the Court: Law and Politics in the Rise of the International Criminal Court, 94 TEXAS LAW REVIEW 713 (2016) (with Kal Raustiala), available at http://www.texaslrev.com/wp- content/uploads/2016/03/KayeRaustiala.FinalPDF.pdf. Archiving Justice: Conceptualizing the Archives of the United Nations International Criminal Tribunal for the Former Yugoslavia, JOURNAL OF ARCHIVAL SCIENCE (2014), available at http://link.springer.com/article/10.1007%2Fs10502-014-9229-x. Direct Participation: Law School Clinics and International Humanitarian Law (with Laurie Blank), INTERNATIONAL REVIEW OF THE RED CROSS, Vol. 95, No. 892 (2014), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2403303. Stealth Multilateralism: U.S. Foreign Policy Without Treaties – or the Senate, FOREIGN AFFAIRS, September/October 2013, available at http://www.foreignaffairs.com/articles/139649/david-kaye/stealth- multilateralism. Human Rights Prosecutors? The United Nations High Commissioner for Human Rights, International Justice, and the Example of Syria, in Felice Gaer and Christen Broeker, editor, THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS: CONSCIENCE FOR THE WORLD (2013), available in draft at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2196550. The Council and the Court, Special Report of the U.C. Irvine School of Law International Justice Clinic (2013), available at http://councilandcourt.org/. State Execution of the International Covenant on Civil and Political Rights, 3 U.C. IRVINE LAW REVIEW 95 (2013). David A. Kaye page 4 Justice Beyond The Hague: Supporting the Prosecution of International Crimes in National Courts, COUNCIL ON FOREIGN RELATIONS SPECIAL REPORT (June 2011), available at http://i.cfr.org/content/publications/attachments/Beyond_The_Hague_CSR61.pdf. Who’s Afraid of the International Criminal Court? FOREIGN AFFAIRS, May/June 2011, available at http://www.foreignaffairs.com/articles/67768/david-kaye/whos-afraid-of-the-international-criminal-court. Of War and Law (Book Review), AMERICAN JOURNAL OF INTERNATIONAL LAW (Vol. 102, No. 2, April 2008). Complexity in the Law of War, in PROGRESS IN INTERNATIONAL ORGANIZATION (Bratspies and Miller, eds., Martinus Nijhoff Publishers, 2008), available at http://ssrn.com/abstract=926604 . The International Law of Hamdan v. Rumsfeld, YEARBOOK OF INTERNATIONAL HUMANITARIAN LAW (co- author) (2007). The Legal Bureaucracy and the Law of War, GEORGE WASHINGTON INTERNATIONAL LAW REVIEW (Volume 38, Spring 2006). Adjudicating Self-Defense: Discretion, Perception and the Resort to Force in International Law, COLUMBIA JOURNAL OF TRANSNATIONAL LAW (Volume 44, Fall 2005). The Chechnya Cases Before the European Court of Human Rights, AMERICAN JOURNAL OF INTERNATIONAL LAW (Volume 99, October 2005). The Ethics of Destruction: Norms and Force in International Relations (Book Review), AMERICAN JOURNAL OF INTERNATIONAL LAW (Vol. 97, No. 1, January 2003). The Second Review Conference of the 1980 Convention on Certain Conventional Weapons, AMERICAN JOURNAL OF INTERNATIONAL LAW (Vol. 96, No. 4, October 2002) (co-author). The Guilt of Nations (Book Review), AMERICAN JOURNAL OF INTERNATIONAL LAW (Vol. 95, No. 3, July 2001). Introduction: The International Law Commission’s Draft Articles on State Responsibility, INTERNATIONAL LEGAL MATERIALS (March 1998).
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