Events

 

Cyber Defence Workshops /

Workshop on ‘Human Rights in Cyberspace’

Date:

1-2 Oct 2015

Upon invitation only.

Location:

Hotel L’Ermitage, Toompuiestee 19, 10137 Tallinn, Estonia (http://www.lermitagehotel.ee/en/)

Participation fee:

No participation fee is charged.

The 1,5-days joint workshop welcomed ten speakers and aimed to shed light on a variety of questions arising from International Human Rights Law (IHRL) in Cyberspace in a progressive way. Experts working in the field of human rights, cyber, cybersecurity such as
- governmental representatives, ensuring the compliance of Human Rights; 
- representatives from academia and NGOs, promoting the application of Human Rights in the digital era;
- court representatives and lawyers, protecting IHRL as well as
- policy makers in need to exchange their view on how to ensure IHRL in domestic norms participated during the early days of October 2015 in the event

The scope of the event:

Large-scale State mass surveillance activities and other security measures, rapidly advancing nowadays, can lead to disillusioning effects on the right to privacy and the right to freedom of expression. When the Universal Declaration of Human Rights (UDHR) was adopted in 1948 and the International Covenant on Civil and Political Rights (ICCPR) in 1966, no one could have imagined that decades later it would affect a place called ‘c y b e r s p a c e’. 

Firstly, we dealt with the scope of the above mentioned fundamental rights in particular, including evolutionary aspects of the right to privacy in the cybersecurity debate. These debates were followed by questions on the extraterritorial application of human rights treaty obligations before continued with aspects on the protection and promotion of IHRL in cyberspace. Tackling questions on sources and kinds of conflicts involving IHRL in cyber was another highlight of the workshop. Future matters of transparency standards, oversight in national security regulation and cross-border dataflow provided final space for impulsive discussions.

The workshop was held in cooperation with the ‘Institute for National Security and Counter Terrorism (INSCT)’, Syracuse University and chaired by Professor Gabor Rona who previously served as the International Legal Director of Human Rights First and now is a Visiting Professor of Law at Cardozo Law School, NY, USA.
The workshop was fully booked within one month and attracted much attention. A short documentary video points out the importance of the discussion. The report serves for further insight (bottom page). 

The publication date of the workshop papers is MAY/JUNE 2016. Thanks to our cooperation partner papers will be published in the Journal of National Security Law and Policy. You will find the exact date of the publication and the links provided on our website later-on.

DAY I, Thursday, 1st October 2015

08:30-08:45 Opening and Welcome Words

Lieutenant Colonel Jens van Laak, NATO CCD COE, Deputy Director and Chief of Staff 
William C. Banks, INSCT, Founding Director of the Institute for National Security and Counterterrorism (INSCT), Syracuse University, USA
Gabor Rona, Chair, visiting Professor of Law, Benjamin N. Cardozo School of Law; former International Legal Director of Human Rights First, NY, USA

1. The scope of IHRL as it applies in cyber with a particular focus on the

Right to respect for private life and correspondence as well as
Right to freedom of opinion and expression

08.45-09:15
The rule of law: The meaning and evolution of the right to privacy in the cybersecurity debate
Anja Mihr, Associate Professor, Netherlands Institute of Human Rights, Faculty of Law, Governance and Economics, Utrecht University, The Netherlands

09:15-09:35
Discussion

09:35-10:05
State Responsibility to Respect, Ensure Respect and Fulfill Human Rights Obligations in Cyberspace 
Gabor Rona, Chair, visiting Professor of Law, Benjamin N. Cardozo School of Law; former International Legal Director of Human Rights First, NY, USA

10:05-10:25
Discussion

10:25-10:45 NETWORKING COFFEE BREAK

2. Extraterritorial aspects of Human Rights

10:45-11:15
The extraterritorial application of Human Rights treaty obligations 
Marko Milanovic, Associate Professor, University of Nottingham School of Law, UK

11:15-11:35
Discussion

11:35-12:05 
Rights in cyberspace: custom and UN law
Ralph Wilde, Reader in Law, University College London, UK

12:05-12:25
Discussion

12:25-13:30 NETWORKING LUNCH

13:30-14:00
Law Enforcement Access to Data Across Borders
Jennifer Daskal, Assistant Professor of Law, American University Washington College of Law, USA

14:00-14:20 
Discussion

3. Protecting and promoting IHRL in cyberspace – effective enjoyment of IHRL

14:20-14:50
Communication surveillance and surveillance frameworks 
Frank La Rue, Human Rights lawyer, former UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, Guatemala

14:50-15:10
Discussion

15:10-15:30 NETWORKING COFFEE BREAK

15:30-16:00
Right to privacy in practice: Privacy enhancing technology- project on a new infosite of the HCLU
Rita Zágoni, Data Protection Programme Officer, Hungarian Civil Liberties Union, Budapest, Hungary

16:00-16:20

Discussion

END OF DAY I

 

DAY II, Friday, 2nd October 2015

4. Sources and kinds of conflicts involving IHRL in cyber

08:30-09:00
The right to freedom of expression and the right to anonymity in cyber
Robert R. Spano, Judge, European Court of Human Rights, Strasbourg, France

09:00-09:20
Discussion

09:20-09:50
Who should protect your digital shadow?
Birgitta Jónsdóttir, Member of the Icelandic Parliament, Chairperson of the International Modern Media Institution, poetician, Reykjavík, Iceland

09:50-10:10
Discussion

10:10-10:30 NETWORKING COFFEE BREAK

5. Reforms of cybersecurity norms – future aspects

10:30-11:00
Standards for transparency and oversight in national security regulation 
N.A.N.M. van Eijk, Professor of Information Law, University of Amsterdam, The Netherlands

11:00-11:20
Discussion

11:20-11:50
The cyber future of privacy norms in the context of ‘traffic-data’, particularly cross-border dataflow 
Henning Lahmann, journalist at iRights, lawyer and freelance researcher, Berlin, Germany

11:50-12:10
Discussion

END OF THE WORKSHOP
Seats are limited and upon invitation only. However, people interested are free to contact the project leader and ask for a remaining slot.

Print version of the agenda

Workshop report

Published workshop articles

Jennifer Daskal, Law Enforcement Access to Data Across Borders: The Evolving Security & Rights Issues
Gabor Rona & Lauren Aarons, State Responsibility to Respect, Protect & Fulfill Human Rights Obligations in Cyberspace
Fanny Hidvegi & Rita Zagoni, How Technology Enhances the Right to Privacy: A case study on the right to hide project of the Hungarian Civil Liberties Union
Sarah Eskens, Ott van Daalen & Nico van Eijk, 10 Standards for Oversight & Transparency of National Intelligence Services

 

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Contact info:

Project leader: Lorena Trinberg, LL.M.
Lorena.Trinberg at ccdcoe dot org