News and Research articles on European Court of Human Rights (ECHR)

Regulatory arbitrage and transnational surveillance: Australia’s extraterritorial assistance to access encrypted communications

Monique Mann, Deakin University
Angela Daly, University of Strathclyde
Adam Molnar, University of Waterloo
PUBLISHED ON: 16 Sep 2020 DOI: 10.14763/2020.3.1499

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 …

Back up: can users sue platforms to reinstate deleted content?

Matthias C. Kettemann, Leibniz Institute for Media Research | Hans-Bredow-Institut
Anna Sophia Tiedeke, Leibniz Institute for Media Research | Hans-Bredow-Institut
PUBLISHED ON: 4 Jun 2020 DOI: 10.14763/2020.2.1484

Can platforms delete whatever content they want? Not everywhere, say the authors of this paper, which shows why certain social networks ‘must carry’ some content – and how users in some jurisdictions can force the companies to allow them into their communicative space.

The countering of terrorism propaganda online, through private companies, may little by little kill our right to freedom of expression.