The percentages and figures used in the impact assessment accompanying the European Commission’s e-evidence package strongly influence the analysis of the problem and limit the assessment of the problem of cross-border access to e-evidence to technical and efficiency considerations.
This paper is part of Geopolitics, jurisdiction and surveillance, a special issue of Internet Policy Review guest-edited by Monique Mann and Angela Daly. Introduction Since the Snowden revelations in 2013 (see e.g., Lyon, 2014; Lyon, 2015) an ongoing policy issue has been the legitimate scope of surveillance, and the extent to which individuals and groups can assert their fundamental rights, including privacy. There has been a renewed focus on policies regarding access to encrypted communications, which are part of a longer history of the ‘cryptowars’ of the 1990s (see e.g., Koops, 1999). We examine these provisions in the Anglophone ‘Five Eyes’ (FVEY) The FVEY partnership is a comprehensive …
Facing fragmentation of digital space in the Snowden aftermath, this article considers regulatory models available to avoid the balkanisation of the internet.
Cyber attacks require distributed deterrence involving private and public actors. Can the classics of international law help?
The internet is a forum for geopolitical struggle as states wield power beyond their terrestrial territorial borders through the extraterritorial geographies of data flows. This exertion of power across multiple jurisdictions, and via the infrastructure of transnational technology companies, creates new challenges for traditional forms of regulatory governance and the protection of human rights.
This paper examines data and privacy governance by four China-based mobile applications and their international versions - including the role of the state. It also highlights the role of platforms in gatekeeping mobile app privacy standards.
Australia’s encryption laws reflect a pattern of politically charged, rights-infringing responses to terrorism within a permissive constitutional environment.
Russian ruling elites’ view of Russia as a great power transcends political leadership and ideology, and directs the state’s advancement of a multipolar digital order.
This paper examines the ethical and legal issues arising from the closure of a data-rich firms such as Facebook and provides four policy recommendations to mitigate the resulting harms to society.
This paper uses qualitative content analysis to determine what type of socio-legal order the Silk Road is, to see whether platforms like the Silk Road indeed have the revolutionary potential proclaimed by some crypto communities.