Hardback
Research Handbook on Human Rights and Digital Technology
Global Politics, Law and International Relations, Second Edition
2nd edition
9781035308507 Edward Elgar Publishing
Bringing together perspectives from academia and practice, this second edition Research Handbook provides fresh insights into debates surrounding digital technology and how to respect and protect human rights in an increasingly digital world. New and updated chapters cover the issues posed by the management of key internet resources, the governance of its architecture and the role of different stakeholders.
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Critical Acclaim
Contents
More Information
Bringing together perspectives from academia and practice, this second edition Research Handbook provides fresh insights into debates surrounding digital technology and how to respect and protect human rights in an increasingly digital world.
Adopting an interdisciplinary approach, expert contributors cover the issues posed by the management of key internet resources, the governance of its architecture and the role of different stakeholders. The legitimacy of rule making and enforcement, and the exercise of international public authority over users are also key themes. New and revised contributions expand on digital copyright, the impact of digital cultural sovereignty on cultural heritage, the geopolitical influence of social media platforms such as TikTok, and cutting-edge cybercrime regulations. Chapters have been updated to detail events and regulatory changes that illustrate the impact of state cybersecurity measures on personal freedoms.
This Research Handbook is a vital read for researchers and students in law, human rights, international politics and technology studies. Policymakers seeking an understanding of human rights in technology will also find this book a highly useful resource.
Adopting an interdisciplinary approach, expert contributors cover the issues posed by the management of key internet resources, the governance of its architecture and the role of different stakeholders. The legitimacy of rule making and enforcement, and the exercise of international public authority over users are also key themes. New and revised contributions expand on digital copyright, the impact of digital cultural sovereignty on cultural heritage, the geopolitical influence of social media platforms such as TikTok, and cutting-edge cybercrime regulations. Chapters have been updated to detail events and regulatory changes that illustrate the impact of state cybersecurity measures on personal freedoms.
This Research Handbook is a vital read for researchers and students in law, human rights, international politics and technology studies. Policymakers seeking an understanding of human rights in technology will also find this book a highly useful resource.
Critical Acclaim
‘People’s human rights will be eroded if they are not embedded in digital systems through adherence to the rule of law. Combining conceptual and empirical analysis, this valuable Research Handbook by leading authors tells us what is being done, what should be done and how to go about it more effectively.’
– Robin Mansell, Professor Emeritus, London School of Economics and Political Science, UK
‘The Research Handbook on Human Rights and Digital Technology is an indispensable resource for scholars and policy-makers seeking to understand the profound impact of digital innovation on human rights. The interdisciplinarity of the volume—featuring contributions from leading experts in law, informatics, sociology, STS, media and cultural studies, geography, political science, international relations, and communications—allows it to delve deep into the normative, institutional, technological, and socio-cultural dimensions of contemporary human rights protection in the digital domain.’
– Molly Land, University of Connecticut School of Law, USA
– Robin Mansell, Professor Emeritus, London School of Economics and Political Science, UK
‘The Research Handbook on Human Rights and Digital Technology is an indispensable resource for scholars and policy-makers seeking to understand the profound impact of digital innovation on human rights. The interdisciplinarity of the volume—featuring contributions from leading experts in law, informatics, sociology, STS, media and cultural studies, geography, political science, international relations, and communications—allows it to delve deep into the normative, institutional, technological, and socio-cultural dimensions of contemporary human rights protection in the digital domain.’
– Molly Land, University of Connecticut School of Law, USA
Contents
Contents
Introduction to the Research Handbook on Human Rights and Digital Technology 1
Ben Wagner, Matthias C. Kettemann, Kilian Vieth-Ditlmann and Susannah Montgomery
PART I CONCEPTUAL APPROACHES TO HUMAN RIGHTS AND
DIGITAL TECHNOLOGY
1 Digitalizing human rights for sustainable internet futures? 5
M.I. Franklin
2 There are no rights ‘in’ cyberspace 26
Mark Graham
3 Beyond national security, the emergence of a digital reason of state(s)
led by transnational guilds of sensitive information: the case of the Five
Eyes Plus network 35
Didier Bigo
4 Online platforms, intermediary responsibility, and human rights: digital
copyright as a site of multiple contestations in the EU 54
Benjamin Farrand
PART II SECURITY AND HUMAN RIGHTS: BETWEEN
CYBERSECURITY AND CYBERCRIME
5 Cybersecurity and human rights 70
Myriam Dunn Cavelty and Camino Kavanagh
6 Cybercrime, human rights and digital politics 94
Dominik Brodowski
7 ‘This is not a drill’: international law and protection of cybersecurity 111
Matthias C. Kettemann and Martin Müller
8 First do no harm: the potential of harm being caused to fundamental
rights and freedoms by state cybersecurity interventions 127
Douwe Korff
PART III INTERNET ACCESS AND SURVEILLANCE: ASSESSING
HUMAN RIGHTS IN PRACTICE
9 Relying on digital principles to complement existing rights: a human
rights assessment of the 2022 European Declaration on Digital Rights
and Principles 168
Cristina Cocito and Paul De Hert
10 Surveillance reform: revealing surveillance harms and engaging reform tactics 193
Evan Light and Jonathan A. Obar
PART IV AUTOMATION, TRADE AND FREEDOM OF EXPRESSION:
EMBEDDING RIGHTS IN TECHNOLOGY GOVERNANCE
11 Liability and automation in socio-technical systems 222
Giuseppe Contissa and Giovanni Sartor
12 Digital technologies, human rights and global trade? Expanding export
controls of surveillance technologies in Europe, China and India 243
Ben Wagner and Stéphanie Horth
13 Policing ‘online radicalization’: the framing of Europol’s Internet Referral Unit 263
Kilian Vieth-Ditlmann
PART V ACTORS’ PERSPECTIVES ON HUMAN RIGHTS: HOW
CAN CHANGE HAPPEN?
14 When private actors govern human rights 290
Rikke Frank Jørgensen
15 International organizations and digital human rights 311
Wolfgang Benedek
16 Recognizing children’s rights in relation to the digital environment:
challenges of voice and evidence, principle and practice 327
Amanda Third, Sonia Livingstone and Gerison Lansdown
17 Silencing identities: LGBTI rights in the digital age 363
Monika Zalnieriute
18 Digital cultural sovereignty: navigating the digital landscape of
European Cultural Heritage Institutions with a decolonial lens 391
Susannah Montgomery and Ben Wagner
Introduction to the Research Handbook on Human Rights and Digital Technology 1
Ben Wagner, Matthias C. Kettemann, Kilian Vieth-Ditlmann and Susannah Montgomery
PART I CONCEPTUAL APPROACHES TO HUMAN RIGHTS AND
DIGITAL TECHNOLOGY
1 Digitalizing human rights for sustainable internet futures? 5
M.I. Franklin
2 There are no rights ‘in’ cyberspace 26
Mark Graham
3 Beyond national security, the emergence of a digital reason of state(s)
led by transnational guilds of sensitive information: the case of the Five
Eyes Plus network 35
Didier Bigo
4 Online platforms, intermediary responsibility, and human rights: digital
copyright as a site of multiple contestations in the EU 54
Benjamin Farrand
PART II SECURITY AND HUMAN RIGHTS: BETWEEN
CYBERSECURITY AND CYBERCRIME
5 Cybersecurity and human rights 70
Myriam Dunn Cavelty and Camino Kavanagh
6 Cybercrime, human rights and digital politics 94
Dominik Brodowski
7 ‘This is not a drill’: international law and protection of cybersecurity 111
Matthias C. Kettemann and Martin Müller
8 First do no harm: the potential of harm being caused to fundamental
rights and freedoms by state cybersecurity interventions 127
Douwe Korff
PART III INTERNET ACCESS AND SURVEILLANCE: ASSESSING
HUMAN RIGHTS IN PRACTICE
9 Relying on digital principles to complement existing rights: a human
rights assessment of the 2022 European Declaration on Digital Rights
and Principles 168
Cristina Cocito and Paul De Hert
10 Surveillance reform: revealing surveillance harms and engaging reform tactics 193
Evan Light and Jonathan A. Obar
PART IV AUTOMATION, TRADE AND FREEDOM OF EXPRESSION:
EMBEDDING RIGHTS IN TECHNOLOGY GOVERNANCE
11 Liability and automation in socio-technical systems 222
Giuseppe Contissa and Giovanni Sartor
12 Digital technologies, human rights and global trade? Expanding export
controls of surveillance technologies in Europe, China and India 243
Ben Wagner and Stéphanie Horth
13 Policing ‘online radicalization’: the framing of Europol’s Internet Referral Unit 263
Kilian Vieth-Ditlmann
PART V ACTORS’ PERSPECTIVES ON HUMAN RIGHTS: HOW
CAN CHANGE HAPPEN?
14 When private actors govern human rights 290
Rikke Frank Jørgensen
15 International organizations and digital human rights 311
Wolfgang Benedek
16 Recognizing children’s rights in relation to the digital environment:
challenges of voice and evidence, principle and practice 327
Amanda Third, Sonia Livingstone and Gerison Lansdown
17 Silencing identities: LGBTI rights in the digital age 363
Monika Zalnieriute
18 Digital cultural sovereignty: navigating the digital landscape of
European Cultural Heritage Institutions with a decolonial lens 391
Susannah Montgomery and Ben Wagner