New World Borders: How Jurisdiction Affects Human Rights Online

The 2018 GNI Public Learning Forum: “New World Borders: How Jurisdiction Affects Human Rights Online,” will take place at New America on Tuesday, 18 September, and will be co-hosted with the American Society for International Law and the Open Technology Institute.

Since 2012, GNI has hosted an annual Public Learning Forum, gathering members and outside experts to spotlight contemporary challenges for free expression and privacy in the ICT sector.

This year, two sessions will focus on the challenges jurisdictional issues pose for human rights online. Although the transfer of data across jurisdictions is a fundamental byproduct of the global, interoperable Internet, it can also put pressures on legal systems designed for the pre-Internet age. In some cases, this leads to government responses posing risks for freedom of expression and privacy.

Coffee, tea, and light refreshments will be offered in the morning, and lunch will be served at the conclusion of the event.

Agenda:

9:00-9:15 a.m. – Welcome

Judith Lichtenberg
Executive Director, GNI

Sharon Bradford Franklin
Director of Surveillance and Cybersecurity Policy, New America’s Open Technology Institute

Wes Rist
Deputy Director, American Society for International Law

9:15-10:45 a.m. – Panel I: Cross-Border Access to Data
Government efforts to access data located in another jurisdiction primarily rely on government-to-government mechanisms. Perceptions that these avenues are too slow and/or cumbersome have spurred various government measures for cross-border access to data. The first panel will explore the legal and historical context of the existing Mutual Legal Assistance Treaties system, as well as its benefits and limitations, and compare the scope and implications of the different forms of “unilateral” measures and “bi/multilateral” frameworks for governments’ cross-border requests for user data.

Panelists:
Jennifer Daskal
Associate Professor of Law, American University Washington College of Law

Sidsela Nyebak
Vice President of Group Sustainability, Telenor Group

Greg Nojeim
Senior Counsel and Director of the Freedom, Security, and Technology Project, Center for Democracy & Technology

Moderator:
Sharon Bradford Franklin
Director of Surveillance and Cybersecurity Policy, New America's Open Technology Institute

10:45-11:00 a.m. – Coffee Break

11:00 a.m.-12:30 p.m. – Panel II: Global Take Down Orders
In recent years, regulators and courts in several different countries have attempted to compel Internet companies to limit the availability of content on their platforms to users in other countries or regions – even where the content at issue has not been deemed illegal and may be protected in those places. These decisions, which push the bounds of extraterritoriality in the exercise of jurisdiction by national authorities, have surfaced with respect to a variety of different categories of content. The second panel will discuss the legal and human rights principles implicated by such orders, understand the reasons why authorities have sought them, and explore the various implications they create for companies and users.

Panelists:
Anupam Chander
Professor of Law, Georgetown University Law Center

Emma Llansó
Director, Free Expression Project, Center for Democracy & Technology

Mark MacCarthy
Senior Vice President for Public Policy Software & Information Industry Association

Jessica Dheere
Executive Director, Social Media Exchange

Moderator:
Arturo Carillo
Professor of Clinical Law, George Washington University Law School
Vice-Chair, ASIL Interest Group on International Law and Technology

12:30-12:45 p.m. – Keynote and Concluding Remarks

David Sullivan, Director of Learning and Development, GNI

12:45-1:30 p.m. – Lunch and Reception

This event is a partnership of the Open Technology Institute, the Global Network Initiative, and the American Society of International Law.