Where the two sides of IP meet
in Policy and in Law
The Closing of the Net "original and valuable" Times Higher Education
"Freedom of Expression, Human Rights Standards and Private Online Censorship"
Book chapter in Eds. J.Kulesza and R.Balleste: Cybersecurity and Human Rights in the Age of Cyberveillance
Summary introduction to the chapter:
States are bound under international conventions to guarantee human rights, including the right to freedom of expression, and they also have the sovereign right to determine what content is acceptable within their own jurisdiction. However, when it comes to electronic communications networks, private actors are increasingly being asked to act on behalf of States in implementing content restrictions. These private actors are not bound by these international conventions, but they do fall under the jurisdiction of the state.
Their position therefore could become pivotal with regard to freedom of expression online. This chapter therefore addresses the question of how to interpret the duty of states with regard to private actors, in the context of content restrictions and the right to freedom of expression.
The chapter covers:
The problem with copyright and freedom of expression online
Technology & policy challenges
Interference & human rights law
Copyright
States and private actors
Balancing interference and state duties
IP politics - news & views
- EU copyright bombshell: social media sites to police content
- Brexit: a sad day for free speech in Britain
- Social media, video & clouds in firing line as EU sparks Internet content battle
- TTIP leaks: telecoms proposals threaten net neutrality & citizens rights
- TTIP leaks: US warned on sensitive IPR issues
- EU 'historic' data protection rules highlight privacy paradox
- EU wants to know how ISPs can block music files - in 500 words
- Investigatory Powers Bill - is it leading the world over a cliff?
- Out for a duct: what chance for fibre to the home?
- Ofcom review: Static on the line brings uncertainty for broadband industry
- UK telecoms review – is Openreach too hot to touch?
- EU drops the net neutrality principle – will it mean content restrictions?
- EU net neutrality – how political is this decision?
- Net neutrality or zero rating? Tomorrow's EU vote will decide
- Netzpolitik.org: treason inquiry over German blog and leaked spy plans
- EU officials after-midnight deal to fix net neutrality - but have they really done it?
- Will TISA endeavours wipe net neutrality?
Speaking engagements
Published work
- Freedom of Expression, Human Rights Standards and Private Online Censorship
- The Policy Challenge Of Content Restrictions: How Private Actors Engage The Duties Of States
- Internet Policy Review - The Aereo dilemma and copyright in the cloud
- JIPITEC - The Digital Economy Act in the dock
- IDP 2011 Proceedings: Copyright at a Policy Cross-Roads
The Copyright Enforcement Enigma tells the story of the 2009 Telecoms Package and how the copyright industries tried to hijack it.
'accurate and absorbing account of the story of the Telecoms Package' -Journal of International Commercial Law and Technology
'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights.
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Iptegrity.com is the website of Dr Monica Horten, European expert on Internet policy and Visiting Fellow at the London School of Economics & Political Science. She is an independent expert on the Council of Europe Committee on Cross-border flow of Internet traffic and Internet freedom (MSI-INT). She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity offers expert insights into Internet policy. Iptegrity has a core readership in the Brussels policy community, and has been cited in the media. Please acknowledge Iptegrity when you cite or link. For more, see IP politics with integrity
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