Intermediaries and human rights – between co-opted law enforcement and human rights protection – PL 03b 2016: Difference between revisions

From EuroDIG Wiki
Jump to navigation Jump to search
(48 intermediate revisions by 5 users not shown)
Line 9: Line 9:


== Session description ==  
== Session description ==  
Internet intermediaries enable communication online. They are thus essential to the exercise of human rights online and both essential to all Internet users and vulnerable to interventions by states. Intermediaries have become managers and adjudicators of freedom of expression and other rights. This is a task they neither wanted nor may be best suited to fill. The intermediaries’ terms of service seem like the actual Internet constitutions, while not providing many rights to users. From the Scarlet/Sabam, Telekabel, Digital Rights Ireland, Costeja and Schrems cases before the EU's highest Court to the Delfi and MTE cases before the European Court of Human Rights, European courts have approached the human rights obligations of intermediaries differently. Is it time for a revisit? How can we attribute responsibilities in the triangular relationship of states, intermediaries and users? Should we rely on self-regulation? What laws are applicable to users – can courts in one country change the rules for the activities of intermediaries in other countries? And what procedural guarantees exist for users’ rights in the ‘adjudication’ of conflicts?
Internet intermediaries enable communication online. They are thus essential to the exercise of human rights online and both essential to all Internet users and vulnerable to interventions by states. Intermediaries have become managers and adjudicators of freedom of expression and other rights. This is a task they neither wanted nor may be best suited to fill. The intermediaries’ terms of service seem like the actual Internet constitutions, while not providing many rights to users. European courts have approached the human rights obligations of intermediaries differently. But how can be encourage responsible intermediary behaviour? Should the market or the state provide regulation, should we trust in self-regulation or state-regulation? How can we attribute responsibilities in the triangular relationship of states, intermediaries and users? And who should solve human rights conflicts between users, between users and intermediaries and between states and intermediaries?


== Keywords ==
== Keywords ==
intermediaries, human rights, enforcement, platforms, gatekeepers, companies
intermediaries, platforms, responsibility, liability, users, human rights protection, law enforcement, self-regulation


== Format ==  
== Format ==  
'''Until 30 April 2016.''' Please try new interactive formats out. EuroDIG is about dialogue not about statements.
Plenary discussion with interactive elements. We welcome strong audience participation and will have a co-moderator with a mic ready to receive your questions. We will also provide remote participation and will have a remote moderator in place.


== Further reading ==  
== Further reading ==  


* EDRi Booklet: Human Rights and Privatised Law Enforcement: [https://edri.org/wp-content/uploads/2014/02/EDRi_HumanRights_and_PrivLaw_web.pdf https://edri.org/wp-content/uploads/2014/02/EDRi_HumanRights_and_PrivLaw_web.pdf]
* EDRi Booklet: [https://edri.org/wp-content/uploads/2014/02/EDRi_HumanRights_and_PrivLaw_web.pdf Human Rights and Privatised Law Enforcement]


* Council of Europe, Human Rights Violations Online, drafted by European Digital Rights, DGI (2014) 31, (04.12.2014)
* [https://edri.org/files/EDRI_CoE.pdf Council of Europe, Human Rights Violations Online], drafted by European Digital Rights, DGI (2014) 31, (04.12.2014)
[https://edri.org/files/EDRI_CoE.pdf https://edri.org/files/EDRI_CoE.pdf]


* EDRi submission to UN Special Rapporteur David Kaye's call on freedom of expression and the private sector in the digital age (29.01.2016)
* [https://edri.org/files/privatisedenf/DavidKaye_callICT_EDRi.pdf EDRi submission to UN Special Rapporteur David Kaye's call on freedom of expression and the private sector in the digital age (29.01.2016)]
[https://edri.org/files/privatisedenf/DavidKaye_callICT_EDRi.pdf https://edri.org/files/privatisedenf/DavidKaye_callICT_EDRi.pdf]


* EU Internet Forum against terrorist content and hate speech online: Document pool (10.03.2016)
* [https://edri.org/eu-internet-forum-document-pool/ EU Internet Forum against terrorist content and hate speech online: Document pool (10.03.2016)]
[https://edri.org/eu-internet-forum-document-pool/ https://edri.org/eu-internet-forum-document-pool/]


* EDRi: Input on human rights and preventing and countering violent extremism (18.03.2016)
* [https://edri.org/files/2016-UN-consultation.pdf EDRi: Input on human rights and preventing and countering violent extremism (18.03.2016)]
[https://edri.org/files/2016-UN-consultation.pdf https://edri.org/files/2016-UN-consultation.pdf]


* UN Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (2011): [http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf]
* [http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf UN Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (2011)]


* ICT Sector Guide on Implementing the UN Guiding Principles on Business and Human Rights
* [http://shiftproject.org/sites/default/files/ECHRSG.ICT_.pdf ICT Sector Guide on Implementing the UN Guiding Principles on Business and Human Rights]
[http://shiftproject.org/sites/default/files/ECHRSG.ICT_.pdf http://shiftproject.org/sites/default/files/ECHRSG.ICT_.pdf]


* Draft Treaty on Transnational Corporations (14.07.2014): [http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/26/9 http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/26/9]
* [http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/26/9 Draft Treaty on Transnational Corporations (14.07.2014)]


* Recommendation CM/Rec(2016)3 of the Committee of Ministers to member States on Human Rights and business (02.03.2016): [https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805c1ad4 https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805c1ad4]
* [https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805c1ad4 Recommendation CM/Rec(2016)3 of the Committee of Ministers to member States on Human Rights and business (02.03.2016)]


* Recommendation CM/Rec(2016)1 of the Committee of Ministers to member States on protecting and promoting the right to freedom of expression and the right to private life with regard to network neutrality (13.01.2016): [https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Rec%282016%291&Language=lanEnglish&Ver=original&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383 https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Rec%282016%291&Language=lanEnglish&Ver=original&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383]
* [https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Rec%282016%291&Language=lanEnglish&Ver=original&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383 Recommendation CM/Rec(2016)1 of the Committee of Ministers to member States on protecting and promoting the right to freedom of expression and the right to private life with regard to network neutrality (13.01.2016)]


* Recommendation CM/Rec(2014)6 of the Committee of Ministers to member States on a Guide to human rights for Internet users (16.04.2014): [https://wcd.coe.int/ViewDoc.jsp?id=2184807 https://wcd.coe.int/ViewDoc.jsp?id=2184807]
* [https://wcd.coe.int/ViewDoc.jsp?id=2184807 Recommendation CM/Rec(2014)6 of the Committee of Ministers to member States on a Guide to human rights for Internet users (16.04.2014)]


* Recommendation CM/Rec(2014)6 of the Committee of Ministers to member States on a guide to human rights for Internet users – Explanatory Memorandum (16.04.2014): [https://wcd.coe.int/ViewDoc.jsp?Ref=CM%282014%2931&Language=lanEnglish&Ver=addfinal&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383 https://wcd.coe.int/ViewDoc.jsp?Ref=CM%282014%2931&Language=lanEnglish&Ver=addfinal&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383]
* [https://wcd.coe.int/ViewDoc.jsp?Ref=CM%282014%2931&Language=lanEnglish&Ver=addfinal&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383 Recommendation CM/Rec(2014)6 of the Committee of Ministers to member States on a guide to human rights for Internet users – Explanatory Memorandum (16.04.2014)]


* Recommendation CM/Rec(2012)3 of the Committee of Ministers to member States on the protection of human rights with regard to search engines (04.04.2012): [https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805caa87 https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805caa87]
* [https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805caa87 Recommendation CM/Rec(2012)3 of the Committee of Ministers to member States on the protection of human rights with regard to search engines (04.04.2012)]


* Recommendation CM/Rec(2012)4 of the Committee of Ministers to member States on the protection of human rights with regard to social networking services (04.04.2012): [https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805caa9b https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805caa9b]
* [https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805caa9b Recommendation CM/Rec(2012)4 of the Committee of Ministers to member States on the protection of human rights with regard to social networking services (04.04.2012)]


* Recommendation CM/Rec(2011)7 of the Committee of Ministers to member states on a new notion of media (21.09.2011): [https://wcd.coe.int/ViewDoc.jsp?id=1835645 https://wcd.coe.int/ViewDoc.jsp?id=1835645]
* [https://wcd.coe.int/ViewDoc.jsp?id=1835645 Recommendation CM/Rec(2011)7 of the Committee of Ministers to member states on a new notion of media (21.09.2011)]


* Recommendation CM/Rec(2008)6 of the Committee of Ministers to member states on measures to promote the respect for freedom of expression and information with regard to Internet filters (26.03.2008): [https://wcd.coe.int/ViewDoc.jsp?id=1266285 https://wcd.coe.int/ViewDoc.jsp?id=1266285]
* [https://wcd.coe.int/ViewDoc.jsp?id=1266285 Recommendation CM/Rec(2008)6 of the Committee of Ministers to member states on measures to promote the respect for freedom of expression and information with regard to Internet filters (26.03.2008)]


* Ranking Digital Rights: [https://rankingdigitalrights.org/ https://rankingdigitalrights.org/]
* [https://rankingdigitalrights.org/ Ranking Digital Rights]


* Dynamic Coalition on Platform Responsibility’s Recommendations on Terms of Service and Human Rights: [http://review.intgovforum.org/igf-2015/dynamic-coalitions/dynamic-coalition-on-platform-responsibility-dc-pr/ http://review.intgovforum.org/igf-2015/dynamic-coalitions/dynamic-coalition-on-platform-responsibility-dc-pr/]
* [http://review.intgovforum.org/igf-2015/dynamic-coalitions/dynamic-coalition-on-platform-responsibility-dc-pr/ Dynamic Coalition on Platform Responsibility’s Recommendations on Terms of Service and Human Rights]


* UNESCO Report “Fostering Freedom Online: The Role of Internet Intermediaries” (2014): [http://unesdoc.unesco.org/images/0023/002311/231162e.pdf http://unesdoc.unesco.org/images/0023/002311/231162e.pdf]
* [http://unesdoc.unesco.org/images/0023/002311/231162e.pdf UNESCO Report “Fostering Freedom Online: The Role of Internet Intermediaries” (2014)]


* OECD The economic and social role of Internet intermediaries (2010): [https://www.oecd.org/internet/ieconomy/44949023.pdf https://www.oecd.org/internet/ieconomy/44949023.pdf]  
* [https://www.oecd.org/internet/ieconomy/44949023.pdf https://www.oecd.org/internet/ieconomy/44949023.pdf OECD The economic and social role of Internet intermediaries (2010)]  


* Council of Europe/EuroISPA, Human rights guidelines for Internet service providers (2008): [http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016805a39d5 http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016805a39d5]
* [http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016805a39d5 http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016805a39d5 Council of Europe/EuroISPA, Human rights guidelines for Internet service providers (2008)]


* Ways to tackle online hateful content proposed by the German Task Force against illegal online hate speech (15.12.2015): [https://www.bmjv.de/SharedDocs/Downloads/DE/Artikel/12152015_TaskForceErgebnispapier_eng.pdf?__blob=publicationFile&v=2 https://www.bmjv.de/SharedDocs/Downloads/DE/Artikel/12152015_TaskForceErgebnispapier_eng.pdf?__blob=publicationFile&v=2]
* [http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/A.HRC.27.37_en.pdf Report of the Office of the United Nations High Commissioner for Human Rights "The right to privacy in the digital age" (30.06.2014)]


* FRA/Council of Europe Handbook on European data protection law (2014): [http://fra.europa.eu/sites/default/files/fra-2014-handbook-data-protection-law-2nd-ed_en.pdf http://fra.europa.eu/sites/default/files/fra-2014-handbook-data-protection-law-2nd-ed_en.pdf]
* [https://www.bmjv.de/SharedDocs/Downloads/DE/Artikel/12152015_TaskForceErgebnispapier_eng.pdf?__blob=publicationFile&v=2 Ways to tackle online hateful content proposed by the German Task Force against illegal online hate speech (15.12.2015)]


* The right to privacy in the digital age, Report of the Office of the United Nations High Commissioner for Human Rights: [https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680304b59 https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680304b59]
* [http://fra.europa.eu/sites/default/files/fra-2014-handbook-data-protection-law-2nd-ed_en.pdf FRA/Council of Europe Handbook on European data protection law (2014)]


* Article 19's Report “Internet intermediaries: Dilemma of Liability” (2013): [https://www.article19.org/data/files/Intermediaries_ENGLISH.pdf https://www.article19.org/data/files/Intermediaries_ENGLISH.pdf]
* [https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680304b59 The right to privacy in the digital age, Report of the Office of the United Nations High Commissioner for Human Rights ]


* “Manila Principles on Intermediary Liability” (different civil society organisations, 2015): [https://www.manilaprinciples.org/principles https://www.manilaprinciples.org/principles]
* [https://www.article19.org/data/files/Intermediaries_ENGLISH.pdf Article 19's Report “Internet intermediaries: Dilemma of Liability” (2013)]


* Cyberhate: an issue of continued concern for the Council of Europe’s Anti-Racism Commission (2015): [http://www.coe.int/t/democracy/source/publications/Cyberhate_2015_en.pdf http://www.coe.int/t/democracy/source/publications/Cyberhate_2015_en.pdf]
* [https://www.manilaprinciples.org/principles "Manila Principles on Intermediary Liability" (different civil society organisations, 2015)]


* Governance of Online Intermediaries: Observations from a Series of National Case Studies, Berkman Center Research Publication No. 2015-5 (18.02.2015): [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2566364 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2566364]
* [http://www.coe.int/t/democracy/source/publications/Cyberhate_2015_en.pdf Cyberhate: an issue of continued concern for the Council of Europe’s Anti-Racism Commission (2015)]


* Offensive Online Comments - New ECtHR Judgment – commentary by Dirk Voorhoof and Eva Lievens (15.02.2016): [http://echrblog.blogspot.fr/2016/02/offensive-online-comments-new-ecthr.html http://echrblog.blogspot.fr/2016/02/offensive-online-comments-new-ecthr.html]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2566364 Governance of Online Intermediaries: Observations from a Series of National Case Studies, Berkman Center Research Publication No. 2015-5 (18.02.2015)]


* Criminal justice access to data in the cloud: challenges, (Council of Europe, 26.05.2016): [https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680304b59 https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680304b59]
* [http://echrblog.blogspot.fr/2016/02/offensive-online-comments-new-ecthr.html Offensive Online Comments - New ECtHR Judgment – commentary by Dirk Voorhoof and Eva Lievens (15.02.2016)]


* Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe (IVIR, 2015): [http://www.ivir.nl/publicaties/download/1720 http://www.ivir.nl/publicaties/download/1720]
* [https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680304b59 Criminal justice access to data in the cloud: challenges, (Council of Europe, 26.05.2016)]
 
* [http://www.ivir.nl/publicaties/download/1720 Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe (IVIR, 2015)]
 
'''Relevant judgements'''
 
* [http://curia.europa.eu/juris/document/document.jsf?text=&docid=115202&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=166646 Judgement of the CJEU, Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM), (case C‑70/10)]
 
* [http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62012CJ0293 Judgement of the CJEU, Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and Others (case C-293/12) and Kärntner Landesregierung and Others(C-594/12)]
 
* [http://curia.europa.eu/juris/document/document.jsf?text=&docid=149924&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=166101 Judgement of the CJEU, UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH, Wega Filmproduktionsgesellschaft mbH (case C-314/12)]
 
* [http://curia.europa.eu/juris/document/document.jsf?text=&docid=152065&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=472733 Judgement of the CJEU, Google Spain SL,Google Inc. v Agencia Española de Protección de Datos (AEPD), Mario Costeja González (case C‑131/12)]
 
* [http://curia.europa.eu/juris/document/document.jsf?docid=169195&mode=lst&pageIndex=1&dir=&occ=first&part=1&text=&doclang=EN&cid=334679 Judgement of the CJEU, Maximillian Schrems v Data Protection Commissioner (case C-362/14)]
 
* [http://hudoc.echr.coe.int/eng?i=001-155105 Judgement of the ECtHR Delfi AS v. Estonia (case no. 64569/09)]
 
* [http://hudoc.echr.coe.int/eng?i=001-160314 Judgement of the ECtHR Magyar Tartalomszolgáltatók Egyesülete and Index.hu ZRT v. Hungary (case no. 22947/13)]
 
* [http://hudoc.echr.coe.int/eng?i=001-115705 Judgement of the ECtHR Yildirim v. Turkey (case no. 3111/10)]
 
* [http://hudoc.echr.coe.int/eng?i=001-159188 Judgement of the ECtHR Cengiz and Others v. Turkey (cases no. 48226/10 and 14027/11)]
 
* [https://www.coe.int/t/dghl/standardsetting/dataprotection/Judgments/K.U.%20v.%20FINLAND%20en.pdf Judgement of the ECtHR K.U. v. Finland (case no. 2872/02)]


== People ==  
== People ==  
Name, institution, country of residence
*'''Focal Point''': Dr. Matthias C. Kettemann, Internet and Society Research Group, Cluster of Excellence “The Formation of Normative Orders”, [http://www.normativeorders.net/en/organisation/staff-a-z/person/442 University of Frankfurt/Main], Germany
*'''Focal Point'''  
:'''Panelists:'''
Dr. Matthias C. Kettemann, Cluster of Excellence "Normative Orders", [http://www.normativeorders.net/en/organisation/staff-a-z/person/442 University of Frankfurt/Main], Germany
# Frank La Rue (Mr.), Assistant Director-General for Communication and Information, UNESCO, Guatemala/France [international organizations] (see note 1)
# Maud Sacquet (Ms.), Public Policy Manager, Computer and Communications Industry Association, Belgium, [private sector] [or industry rep] (see note 2)
# Michael Rotert, Chairman of the Board, eco – Association of the Internet Industry, Germany, [government]
# Karmen Turk, Triniti, University of Tartu, Estonia [academia]
# Martin Husovec, Assistant Professor at [https://www.tilburguniversity.edu/research/institutes-and-research-groups/tilt/ the University of Tilburg] [academia] (see note 3)
# Allon Bar, [https://rankingdigitalrights.org Ranking Digital Rights & Stiftung Neue Verantwortung], Germany [NGOs] (see note 4)
# Maryant Fernández, [https://edri.org/ European Digital Rights] (EDRi), Belgium [NGOs] (see note 5)
*'''Key participants'''
*'''Key participants'''
'''Until 15 May 2016.'''
:*Pavel Antonov, [http://www.bluelink.net/ BlueLink Civic Action Network](NGOs, Sofia, Bulgaria)
Key participants (workshop) are experts willing to provide their knowledge during a session – not necessarily on stage. Key participants should contribute to the session planning process and keep statements short and punchy during the session. Panellist (plenary) will be selected and assigned by the org team, ensuring a stakeholder balanced dialogue also considering gender and geographical balance.
:*Stefan Herwig (Berlin, Germany)
Panellists should contribute to the session planning process and keep statements short and punchy during the session.
:*Jef Ausloos (KU Leuven, Belgium)
Please provide short CV’s of the participants involved in your session at the Wiki or link to another source.
:*Cristina Angelopulos (Information Law and Policy Centre, United Kingdom)
*'''Moderator'''
:*Felipe Romero (University of Hertfordshire, United Kingdom)
'''Until 15 May 2016.'''
*'''Moderator''': Dr. Matthias C. Kettemann, Internet and Society Research Group, Cluster of Excellence "The Formation of Normative Orders", University of Frankfurt am Main, Germany (see note 6)
The moderator is the facilitator of the session at the event. Moderators are responsible for including the audience and encouraging a lively interaction among all session attendants. Please make sure the moderator takes a neutral role and can balance between all speakers.
:'''Co-Moderator''': Nicolo Zingales, Dynamic Coalition on Platform Responsibility, Tilburg University, Netherlands
*Please provide short CV of the moderator of your session at the Wiki or link to another source.
*'''Remote moderator''': Matei-Eugen Vasile
*'''Remote moderator'''
*'''Org team'''
'''Until 15 May 2016.'''  
# Matthias C. Kettemann, Internet and Society Research Group, Cluster of Excellence “The Formation of Normative Orders”, University of Frankfurt am Main, Germany
The remote moderator is in charge of facilitating participation via digital channels such as WebEx and social medial (Twitter, facebook). Remote moderators monitor and moderate the social media channels and the participants via WebEX and forward questions to the session moderator.
# Pavel Antonov, BlueLink Civic Action Network, Sofia, Bulgaria,
Please contact the EuroDIG secretariat if you need help to find a remote moderator.
# Anja Gengo, Bosnia and Herzegovina
*'''Org team'''  
# Stefan Herwig, Germany
Organising team is a group of people shaping the session. Every interested individual can become a member of an organising team (org team).
# Karmen Turk, Triniti, University of Tartu
*'''Reporter'''
# Maud Sacquet, CCIA
'''Until 15 May 2016.'''
# Allon Bar, Ranking Digital Rights & Stiftung Neue Verantwortung, Germany,  
The reporter takes notes during the session and formulates 3 (max. 5) bullet points at the end of each session that:
# Maryant Fernández, European Digital Rights (EDRi), Belgium
#are summarised on a slide and presented to the audience at the end of each session
# Nicolo Zingales, Tilburg University, IGF Dynamic Coalition on Platform Responsibility
#relate to the particular session and to European Internet governance policy
# Ana Gascon-Marcen, Council of Europe
#are forward looking and propose goals and activities that can be initiated after EuroDIG (recommendations)
# Farzaneh Badii
#are in (rough) consensus with the audience
# Michael Rotert, Chairman of the Board, eco – Association of the Internet Industry, Germany
#are to be submitted to the secretariat within 48 hours after the session took place
 
Please provide short CV of the reporter of your session at the Wiki or link to another source and contact the EuroDIG secretariat if you need help to find a reporter.
*'''Reporter''': Ana Gascon-Marcen, Council of Europe, France (see note 7)


== Current discussion ==
== Current discussion ==
See [http://eurodigwiki.org/wiki/Talk:Follow-up_plenary_3:_Intermediaries_and_human_rights the discussion tab] on the upper left side of this page.
See [http://eurodigwiki.org/wiki/Talk:Follow-up_plenary_3:_Intermediaries_and_human_rights the discussion tab] on the upper left side of this page.
== Conference call. Schedules and minutes ==
*dates for virtual meetings or coordination calls
*short summary of calls or email exchange
*be as open and transparent as possible in order to allow others to get involved and contact you
*use the wiki not only as the place to publish results but also to summarize and publish the discussion process


== Mailing list ==  
== Mailing list ==  
Contact: pl3b@eurodig.org
Contact: pl3b@eurodig.org


== Remote participation ==
== Video record ==
 
[https://youtu.be/TtnwfqeISlY See the video record in our youtube channel]


== Final report ==   
== Transcript ==
Deadline 2016
[[Transcript: Intermediaries and human rights - between co-opted law enforcement and human rights protection]]
== Messages ==   
* Intermediaries have a crucial impact in how we exercise our human rights online
* Intermediaries cannot be the cheap police of the Internet, they cannot substitute the primary responsibility to protect human rights of the State although they have to act responsibly.
* Limitations to Intermediaries’ liability are basic to promote freedom of expression online and avoid the risk of overcompliance.
* It is necessary to assess the impact on human rights of laws applied to Intermediaries
* All stakeholders should be heard to find solutions to the different issues
* More transparency is needed at all levels


== Session twitter hashtag ==   
== Session twitter hashtag ==   
Hashtag:
Hashtag: #eurodig16 #intermediaries


[[Category:Sessions]][[Category:Sessions 2016]][[Category:Human rights 2016]][[Category:Human rights]]
[[Category:Sessions]][[Category:Sessions 2016]][[Category:Human rights 2016]][[Category:Human rights]]
== Notes ==
'''''note 1: Frank La Rue (Mr.) Bio'''''
:Frank la Rue is a Guatemalan labour and human rights lawyer and was appointed to serve as UNESCO’s new Assistant Director-General for Communication and Information in March 2016. From August 2008 to August 2014 he served as UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression. During his tenure he wrote and presented 10 landmark reports on the state of freedom of expression to the UN Human Rights Council and UN General Assembly.
:'''Key messages:''' freedom of expression key enabling right on the internet; the impact of state surveillance on privacy and freedom of expression; Intermediary need protection; no co-opting outside of the legal system (not blocking without judicial authoritzation).
'''''note 2: Maud Sacquet (Ms.) Bio'''''
:Maud Sacquet is Public Policy Manager at the trade association Computer and Communications Industry Association (CCIA). CCIA is an international, nonprofit association representing a broad cross section of computer, communications and internet industry firms. CCIA remains dedicated, as it has for over 40 years, to promoting innovation and preserving full, fair and open competition throughout our industry. Before joining the CCIA, Maud Sacquet worked for more than five years at Yahoo in Paris, ultimately as Legal Counsel working on notice and takedown issues, as well as law enforcement’s requests for information. Ms Sacquet holds a Master degree in Business law from the Institute of Political Studies of Paris (“Sciences Po Paris”) and a Master degree in European Business Law from the University Robert Schuman of Strasbourg. She also holds a LLM degree in Regulation and Technology from King’s College London, where she graduated with merits.
'''''note 3: Martin Husovec Bio'''''
:Martin Husovec is an Assistant Professor at [https://www.tilburguniversity.edu/research/institutes-and-research-groups/tilt/ the University of Tilburg] where he teaches intellectual property law and supervises an Internet Policy Clinic which works on third party interventions before European courts. He is also an Affiliate Scholar at Stanford Law School’s Center for Internet & Society (CIS). In the past, he used to work as Impact Litigator at European Information Society Institute (EISi), an independent non-profit organization based in Slovakia focusing on the overlap of technology, law & society.
:His work within EISi was instrumental in several strategic litigations in Europe. Martin authored numerous amicus curiae briefs related to intellectual property and Internet policy before Slovak and Czech courts, initiated a constitutional review of the data retention laws before the Slovak Constitutional Court, worked on several interventions before the European Court of Human Rights (Delfi AS v. Estonia; Satamedia v Finland) and together with the Electronic Frontier Foundation on an open letter to the Court of Justice of the European Union on Open WiFi.
:Martin maintains a well-known blog - Huťko´s Technology Law Blog - devoted to technology law. He is an author of a leading open access book on intermediary liability law in Slovakia and Czech republic. His scholarship previously appeared in the journals such as JIPITEC, JIPLP and IIC and includes papers: "The End of (Meta) Search Engines in Europe?", "Injunctions Against Innocent Third Parties: Case of Website Blocking" and "Much Ado About Little: Privately Litigated Internet Disconnection Injunctions" (co-authored).
'''''note 4: Allon Bar Bio'''''
:Allon Bar is policy and engagement manager with the Ranking Digital Rights project, and a visiting fellow at Stiftung Neue Verantwortung. Mr. Bar previously implemented the ‘Odyssey’ project, focusing on digital security for vulnerable communities. He also worked with the United Nations, civil society organizations in Indonesia, Kenya, the Netherlands and the United States, as well as the Dutch government. As a Fulbright scholar, Mr. Bar obtained a master of international affairs degree, with a focus on human rights, at Columbia University. He further holds BA and MA degrees in Humanities from Utrecht University.
:'''Key messages:''' Intermediaries make critical decisions that impact users’ human rights, specifically their right to freedom of expression and privacy.; The Ranking Digital Rights Corporate Accountability Index shows that across the globe, companies’ are insufficiently transparent and accountable about their policies and actions affecting users’ rights. There are many areas companies should improve on, including on explaining how they deal with user data, as well as their content restriction practices.; Government laws and regulations should facilitate rather than impede on intermediaries’ ability to respect their users’ rights.
'''''note 5: Maryant Fernández Bio'''''
:Maryant is an Advocacy Manager at European Digital Rights (EDRi). She defends human rights and online freedoms in the fields of telecommunications, private enforcement, trade agreements and Internet governance. Maryant is also a lawyer specialised in EU, International and Comparative law, with a focus on digital rights. She obtained an LLM in Law in a European and Global Context from Universidade Católica Portuguesa. In the past, she gained experience at the Spanish Ministry of Public Works, CEU San Pablo University, the European Law Moot Court Society, Décathlon and CCA-ONTIER. Maryant is fluent in English, Spanish, French and Portuguese.
:'''Key messages:''' Governments cannot use their power to avoid their positive and negative obligations vis-à-vis human rights, in particular with regard to restrictions being based on law.; Intermediaries are “voluntarily” restricting human rights and fundamental freedoms as a result of government pressure, in the absence of a formal legal obligation. Who’s accountable?; Can predictability, effectiveness, durability, necessity, proportionality, jurisdiction and competition be respected when any and all intermediaries can unilaterally "pull the plug" on your online presence?
'''''note 6: Dr. Matthias C. Kettemann Bio'''''
:Wiki note 6: Dr. Matthias C. Kettemann, LL.M. (Harvard) is post-doc fellow at the Cluster of Excellence „Normative Orders” at the University of Frankfurt/Main, where he is co-lead of the Internet and Society Research Group, and lecturer at the Institute of International Law and International Relations, University of Graz. Having co-chaired the Internet Rights and Principle Coalition and led multistakeholder research groups, he is most recently, rapporteur for the Council of Europe Committee of Experts on Internet intermediaries
'''''note 7: Ana Gascon-Marcen Bio'''''
:Ana Gascón Marcén started to be interested in the intersection between law and new technologies (Internet Governance, personal data protection, etc.) as researcher in the University of Zaragoza, where she taught and completed her PhD. Currently, she works in the Internet Standard Setting Unit of the Council of Europe where she acts as co-secretary of the Committee of experts on Internet intermediaries.

Revision as of 14:39, 24 July 2016


Please use your own words to describe this session. You may use external references, websites or publications as a source of information or inspiration, if you decide to quote them, please clearly specify the source.


To follow the current discussion on this topic, see the discussion tab on the upper left side of this page

Session teaser

Internet intermediaries are positioned between states and users: their position between co-opted law enforcement and human rights protection and the rules under which they act, from terms of service to national and European law, will be openly and critically debated.

Session description

Internet intermediaries enable communication online. They are thus essential to the exercise of human rights online and both essential to all Internet users and vulnerable to interventions by states. Intermediaries have become managers and adjudicators of freedom of expression and other rights. This is a task they neither wanted nor may be best suited to fill. The intermediaries’ terms of service seem like the actual Internet constitutions, while not providing many rights to users. European courts have approached the human rights obligations of intermediaries differently. But how can be encourage responsible intermediary behaviour? Should the market or the state provide regulation, should we trust in self-regulation or state-regulation? How can we attribute responsibilities in the triangular relationship of states, intermediaries and users? And who should solve human rights conflicts between users, between users and intermediaries and between states and intermediaries?

Keywords

intermediaries, platforms, responsibility, liability, users, human rights protection, law enforcement, self-regulation

Format

Plenary discussion with interactive elements. We welcome strong audience participation and will have a co-moderator with a mic ready to receive your questions. We will also provide remote participation and will have a remote moderator in place.

Further reading

Relevant judgements

People

  • Focal Point: Dr. Matthias C. Kettemann, Internet and Society Research Group, Cluster of Excellence “The Formation of Normative Orders”, University of Frankfurt/Main, Germany
Panelists:
  1. Frank La Rue (Mr.), Assistant Director-General for Communication and Information, UNESCO, Guatemala/France [international organizations] (see note 1)
  2. Maud Sacquet (Ms.), Public Policy Manager, Computer and Communications Industry Association, Belgium, [private sector] [or industry rep] (see note 2)
  3. Michael Rotert, Chairman of the Board, eco – Association of the Internet Industry, Germany, [government]
  4. Karmen Turk, Triniti, University of Tartu, Estonia [academia]
  5. Martin Husovec, Assistant Professor at the University of Tilburg [academia] (see note 3)
  6. Allon Bar, Ranking Digital Rights & Stiftung Neue Verantwortung, Germany [NGOs] (see note 4)
  7. Maryant Fernández, European Digital Rights (EDRi), Belgium [NGOs] (see note 5)
  • Key participants
  • Pavel Antonov, BlueLink Civic Action Network(NGOs, Sofia, Bulgaria)
  • Stefan Herwig (Berlin, Germany)
  • Jef Ausloos (KU Leuven, Belgium)
  • Cristina Angelopulos (Information Law and Policy Centre, United Kingdom)
  • Felipe Romero (University of Hertfordshire, United Kingdom)
  • Moderator: Dr. Matthias C. Kettemann, Internet and Society Research Group, Cluster of Excellence "The Formation of Normative Orders", University of Frankfurt am Main, Germany (see note 6)
Co-Moderator: Nicolo Zingales, Dynamic Coalition on Platform Responsibility, Tilburg University, Netherlands
  • Remote moderator: Matei-Eugen Vasile
  • Org team
  1. Matthias C. Kettemann, Internet and Society Research Group, Cluster of Excellence “The Formation of Normative Orders”, University of Frankfurt am Main, Germany
  2. Pavel Antonov, BlueLink Civic Action Network, Sofia, Bulgaria,
  3. Anja Gengo, Bosnia and Herzegovina
  4. Stefan Herwig, Germany
  5. Karmen Turk, Triniti, University of Tartu
  6. Maud Sacquet, CCIA
  7. Allon Bar, Ranking Digital Rights & Stiftung Neue Verantwortung, Germany,
  8. Maryant Fernández, European Digital Rights (EDRi), Belgium
  9. Nicolo Zingales, Tilburg University, IGF Dynamic Coalition on Platform Responsibility
  10. Ana Gascon-Marcen, Council of Europe
  11. Farzaneh Badii
  12. Michael Rotert, Chairman of the Board, eco – Association of the Internet Industry, Germany
  • Reporter: Ana Gascon-Marcen, Council of Europe, France (see note 7)

Current discussion

See the discussion tab on the upper left side of this page.

Mailing list

Contact: pl3b@eurodig.org

Video record

See the video record in our youtube channel

Transcript

Transcript: Intermediaries and human rights - between co-opted law enforcement and human rights protection

Messages

  • Intermediaries have a crucial impact in how we exercise our human rights online
  • Intermediaries cannot be the cheap police of the Internet, they cannot substitute the primary responsibility to protect human rights of the State although they have to act responsibly.
  • Limitations to Intermediaries’ liability are basic to promote freedom of expression online and avoid the risk of overcompliance.
  • It is necessary to assess the impact on human rights of laws applied to Intermediaries
  • All stakeholders should be heard to find solutions to the different issues
  • More transparency is needed at all levels

Session twitter hashtag

Hashtag: #eurodig16 #intermediaries

Notes

note 1: Frank La Rue (Mr.) Bio

Frank la Rue is a Guatemalan labour and human rights lawyer and was appointed to serve as UNESCO’s new Assistant Director-General for Communication and Information in March 2016. From August 2008 to August 2014 he served as UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression. During his tenure he wrote and presented 10 landmark reports on the state of freedom of expression to the UN Human Rights Council and UN General Assembly.
Key messages: freedom of expression key enabling right on the internet; the impact of state surveillance on privacy and freedom of expression; Intermediary need protection; no co-opting outside of the legal system (not blocking without judicial authoritzation).

note 2: Maud Sacquet (Ms.) Bio

Maud Sacquet is Public Policy Manager at the trade association Computer and Communications Industry Association (CCIA). CCIA is an international, nonprofit association representing a broad cross section of computer, communications and internet industry firms. CCIA remains dedicated, as it has for over 40 years, to promoting innovation and preserving full, fair and open competition throughout our industry. Before joining the CCIA, Maud Sacquet worked for more than five years at Yahoo in Paris, ultimately as Legal Counsel working on notice and takedown issues, as well as law enforcement’s requests for information. Ms Sacquet holds a Master degree in Business law from the Institute of Political Studies of Paris (“Sciences Po Paris”) and a Master degree in European Business Law from the University Robert Schuman of Strasbourg. She also holds a LLM degree in Regulation and Technology from King’s College London, where she graduated with merits.

note 3: Martin Husovec Bio

Martin Husovec is an Assistant Professor at the University of Tilburg where he teaches intellectual property law and supervises an Internet Policy Clinic which works on third party interventions before European courts. He is also an Affiliate Scholar at Stanford Law School’s Center for Internet & Society (CIS). In the past, he used to work as Impact Litigator at European Information Society Institute (EISi), an independent non-profit organization based in Slovakia focusing on the overlap of technology, law & society.
His work within EISi was instrumental in several strategic litigations in Europe. Martin authored numerous amicus curiae briefs related to intellectual property and Internet policy before Slovak and Czech courts, initiated a constitutional review of the data retention laws before the Slovak Constitutional Court, worked on several interventions before the European Court of Human Rights (Delfi AS v. Estonia; Satamedia v Finland) and together with the Electronic Frontier Foundation on an open letter to the Court of Justice of the European Union on Open WiFi.
Martin maintains a well-known blog - Huťko´s Technology Law Blog - devoted to technology law. He is an author of a leading open access book on intermediary liability law in Slovakia and Czech republic. His scholarship previously appeared in the journals such as JIPITEC, JIPLP and IIC and includes papers: "The End of (Meta) Search Engines in Europe?", "Injunctions Against Innocent Third Parties: Case of Website Blocking" and "Much Ado About Little: Privately Litigated Internet Disconnection Injunctions" (co-authored).

note 4: Allon Bar Bio

Allon Bar is policy and engagement manager with the Ranking Digital Rights project, and a visiting fellow at Stiftung Neue Verantwortung. Mr. Bar previously implemented the ‘Odyssey’ project, focusing on digital security for vulnerable communities. He also worked with the United Nations, civil society organizations in Indonesia, Kenya, the Netherlands and the United States, as well as the Dutch government. As a Fulbright scholar, Mr. Bar obtained a master of international affairs degree, with a focus on human rights, at Columbia University. He further holds BA and MA degrees in Humanities from Utrecht University.
Key messages: Intermediaries make critical decisions that impact users’ human rights, specifically their right to freedom of expression and privacy.; The Ranking Digital Rights Corporate Accountability Index shows that across the globe, companies’ are insufficiently transparent and accountable about their policies and actions affecting users’ rights. There are many areas companies should improve on, including on explaining how they deal with user data, as well as their content restriction practices.; Government laws and regulations should facilitate rather than impede on intermediaries’ ability to respect their users’ rights.

note 5: Maryant Fernández Bio

Maryant is an Advocacy Manager at European Digital Rights (EDRi). She defends human rights and online freedoms in the fields of telecommunications, private enforcement, trade agreements and Internet governance. Maryant is also a lawyer specialised in EU, International and Comparative law, with a focus on digital rights. She obtained an LLM in Law in a European and Global Context from Universidade Católica Portuguesa. In the past, she gained experience at the Spanish Ministry of Public Works, CEU San Pablo University, the European Law Moot Court Society, Décathlon and CCA-ONTIER. Maryant is fluent in English, Spanish, French and Portuguese.
Key messages: Governments cannot use their power to avoid their positive and negative obligations vis-à-vis human rights, in particular with regard to restrictions being based on law.; Intermediaries are “voluntarily” restricting human rights and fundamental freedoms as a result of government pressure, in the absence of a formal legal obligation. Who’s accountable?; Can predictability, effectiveness, durability, necessity, proportionality, jurisdiction and competition be respected when any and all intermediaries can unilaterally "pull the plug" on your online presence?

note 6: Dr. Matthias C. Kettemann Bio

Wiki note 6: Dr. Matthias C. Kettemann, LL.M. (Harvard) is post-doc fellow at the Cluster of Excellence „Normative Orders” at the University of Frankfurt/Main, where he is co-lead of the Internet and Society Research Group, and lecturer at the Institute of International Law and International Relations, University of Graz. Having co-chaired the Internet Rights and Principle Coalition and led multistakeholder research groups, he is most recently, rapporteur for the Council of Europe Committee of Experts on Internet intermediaries

note 7: Ana Gascon-Marcen Bio

Ana Gascón Marcén started to be interested in the intersection between law and new technologies (Internet Governance, personal data protection, etc.) as researcher in the University of Zaragoza, where she taught and completed her PhD. Currently, she works in the Internet Standard Setting Unit of the Council of Europe where she acts as co-secretary of the Committee of experts on Internet intermediaries.