Internet & Jurisdiction Policy Network – Flash 03 2017
Jurisdiction, user data, content removals, DNS, transnational governance
Jurisdiction is a topic that is increasingly high on the Internet Governance agenda. However, understanding the multitude of cross-cutting jurisdictional challenges on the internet can be difficult. Join Internet & Jurisdiction for a Flash Session for a brief outline of current jurisdictional dynamics and a better understanding of the fundamental questions underlying each of Internet & Jurisdiction’s three programs.
DATA & JURISDICTION - How can transnational data flows and the protection of privacy be reconciled with lawful access requirements to address crime? Criminal investigations increasingly require access to information about users and digital evidence stored by private companies in jurisdictions outside of the requesting country. Existing systems for cross-border user data requests are under stress, and the problem is compounded by the difficulties of determining location and jurisdictional nexus in investigations. What are the necessary safeguards and procedures to establish viable and scalable frameworks?
CONTENT & JURISDICTION - How can we manage globally-available content in light of the diversity of local laws and norms applicable on the internet? Content legal in one country can be illegal in another. Protecting freedom of expression and other human rights when dealing with hate speech, harassment, security threats, incitation to violence, and discrimination on the internet is a major challenge when several jurisdictions are involved. How can current practices be improved in terms of transparency and due process across borders?
DOMAINS & JURISDICTION - How can the neutrality of the internet’s technical layer be preserved when national laws are applied to the Domain Name System? Cross-border domain suspension requests are increasingly sent to technical operators based on the content or activities of underlying websites. Such measures have global impact by nature and therefore require strong procedural guarantees to ensure proportionality. Common vernacular must also be agreed upon between the technical and policymaking communities to permit fruitful discussions. What are the criteria for abuses that justify domain suspension, and how can the transparency of such requests be increased?
- Data & Jurisdiction Framing Paper
- Content & Jurisdiction Framing Paper
- Domains & Jurisdiction Framing Paper