coe-hr-comm-rule-of-law-on-the internet.pdf

(725 KB) Pobierz
The rule of
law on the
Internet and
in the wider
digital world
Issue paper
The rule of
law on the
Internet and
in the wider
digital world
Issue paper published
by the Council of Europe
Commissioner for Human Rights
Council of Europe
The opinions expressed in this work
are the responsibility of the author
and do not necessarily reflect
the official policy of the Council of Europe.
All requests concerning the
reproduction or translation of all or part
of this document should be addressed to
the Directorate of Communication
(F-67075 Strasbourg Cedex or
publishing@coe.int). All other
correspondence concerning this
document should be addressed to the
Office of the Commissioner
for Human Rights.
Issue papers are published by the
Commissioner for Human Rights to
contribute to debate and reflection
on important current human rights
issues. Many of them also include
recommendations by the Commissioner
for addressing the concerns identified.
The opinions expressed in these expert
papers do not necessarily reflect the
Commissioner’s position.
Issue papers are available
on the Commissioner’s website:
www.commissioner.coe.int
Cover photo: © Shutterstock
Cover: Documents and Publications
Production Department (SPDP)
Council of Europe
Layout: Jouve, Paris
© Council of Europe, December 2014
Printed at the Council of Europe
Acknowledgements:
This issue paper was prepared by
Professor Douwe Korff, Visiting Fellow,
Yale University (Information Society
Project), and Oxford Martin Associate,
Oxford Martin School, University of
Oxford, UK. He and the Commissioner
are also grateful to Joe McNamee of
European Digital Rights, EDRi, for the
very useful comments and additions
he provided to the draft version of this
issue paper, in particular on privatised
law enforcement.
Contents
ABBREVIATIONS
EXECUTIVE SUMMARY
A new environment for human activities
The nature of the digital environment
The rule of law in the digital environment
The issues, and the balance between them
5
7
7
8
10
15
THE COMMISSIONER’S RECOMMENDATIONS
I. On the universality of human rights, and their equal application online and offline
II. On data protection
III. On Cybercrime
IV. On jurisdiction
V. On human rights and private entities
VI. On blocking and filtering
VII. On national security activities
21
21
22
22
23
23
24
24
INTRODUCTION
1. A NEW ENVIRONMENT FOR HUMAN ACTIVITIES
1.1. Political, social, cultural and human rights activities
1.2. Cybercrime, cybersecurity, terrorism and national security
25
27
27
28
2. THE NATURE OF THE DIGITAL ENVIRONMENT
2.1. Dangerous data
2.2. Global and private, but not in the sky
2.3. Who is in control?
31
31
33
36
3. THE RULE OF LAW IN THE DIGITAL ENVIRONMENT
3.1. The rule of law
3.2. The basic “rule of law” tests developed by the European Court of Human Rights
3.3. “Everyone”, without discrimination
3.4. “Within [a contracting state’s] [territory and] jurisdiction”
3.5. Human rights and private entities
3.6. Exercise of extraterritorial jurisdiction by states
43
43
45
48
50
63
76
4. THE ISSUES, AND THE BALANCE BETWEEN THEM
4.1. The issues
4.2. Freedom of expression
4.3. Privatised law enforcement
4.4. Data protection
4.5. Cybercrime
4.6. National security
4.7. The delicate (and unresolved) balances
81
81
82
85
87
93
107
111
Page
3

Plik z chomika:

Inne pliki z tego folderu:

Inne foldery tego chomika:

Zgłoś jeśli naruszono regulamin