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

From EuroDIG Wiki
Jump to navigation Jump to search

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. 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?

Keywords

intermediaries, human rights, enforcement, platforms, gatekeepers, companies

Format

Until 30 April 2016. Please try new interactive formats out. EuroDIG is about dialogue not about statements.

Further reading

Relevant judgements

People

Name, institution, country of residence

  • Pavel Antonov, BlueLink Civic Action Network
  • NGOs, Sofia, Bulgaria, pavelan@bluelink.net
  • Stefan Herwig, Germany, private sector, stefan@dependent.de
  • Martin Husovec (Tilburg, academia)
  • Jef Ausloos (Brussels, academia)
  • Cristina Angelopulos (Amsterdam, academia)

Panelists:=

  1. Frank La Rue (Mr.), Assistant Director-General for Communication and Information, UNESCO, Guatemala/France [international organizations]
  2. Maud Sacquet (Ms.), Public Policy Manager, Computer and Communications Industry Association, Belgium, msacquet@ccianet.org [private sector] [or industry rep]
  3. Michael Rotert, Chairman of the Board, eco – Association of the Internet Industry, Germany, michael.rotert@eco.de [government]

[4a] Karmen Turk, Triniti, University of Tartu, Estonia,karmen.turk@triniti.ee [academia] [4b] Nicolo Zingales, Dynamic Coalition on Platform Responsibility,Tilburg University, Netherlands, n.zingales@uvt.nl [academia]

[5a] Allon Bar, Ranking Digital Rights & Stiftung Neue Verantwortung, Germany, a.bar@rankingdigitalrights.org [NGOs] [5b] Maryant Fernández, European Digital Rights (EDRi), Belgium, maryant.fernandez-perez@edri.org [NGOs]

  • Moderator: Dr. Matthias C. Kettemann, Frankfurt Research Center for Internet and Society, Cluster of Excellence "The Formation of Normative Orders", University of Frankfurt am Main, Germany, matthias.kettemann@normativeorders.net
  • Remote moderator

Until 15 May 2016. 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. Please contact the EuroDIG secretariat if you need help to find a remote moderator.

  • Org team

Organising team is a group of people shaping the session. Every interested individual can become a member of an organising team (org team).

  • Reporter: Ana Gascon-Marcen, Council of Europe, France, Ana.GASCON-MARCEN@coe.int

Current discussion

See 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

Contact: pl3b@eurodig.org

Remote participation

Final report

Deadline 2016

Session twitter hashtag

Hashtag: