Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate of one idea--that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance. Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.

"This publication seeks to identify the relationship between freedom of expression and Internet privacy, assessing where they support or compete with each other in different circumstances. The book maps out the issues in the current regulatory landscape of Internet privacy from the viewpoint of freedom of expression. It provides an overview of legal protection, self-regulatory guidelines, normative challenges, and case studies relating to the topic. With this publication UNESCO aims to provide its Member States and other stakeholders, national and international, with a useful reference tool containing up-to-date and sharp information on emerging issues relevant to both developed and developing countries. Multiple stakeholders, preferably in dialogue, can use it in their own spheres of operation, adapting where appropriate from the range of experiences as recorded in these pages. The publication also supplies additional sources of reference for interested readers to use to further investigate each of the subjects highlighted. The publication explores a range of issues, such as: (1) threats to privacy that have developed through the Internet, (2) international legal standards on privacy and responses to these emerging issues, (3) complex intersections between the rights to privacy and freedom of expression, (4) UNESCO recommendations to states and corporations for better practice, (5) overview of literature, background material and tools on international and national policy and practice on privacy and freedom of expression on the Internet. In the coming years, UNESCO will specifically seek to disseminate information about good practices and international collaboration concerning the points of intersection between freedom of expression and privacy. Research on safeguarding the principle of freedom of expression in Internet policy across a range of issues will continue to be part of UNESCO's normative mandate and technical advice to stakeholders."--Publisher's description

As this publication explains, freedom of expression is not just a by-product of technical change; it must be protected by legal and regulatory measures that balance a variety of potentially conflicting values and interests in a complex global ecology of choices. The impetus that this report provides for the prioritization of research in this field encourages further scrutiny of the multifaceted issues that govern the conditions for freedom of expression on the Internet. The findings of this research point to the need to better track a wider array of global, legal and regulatory trends. It is my hope that this publication proves to be a useful and informative resource for all users working in this domain, whether individual researchers, students or policy makers.

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

An invaluable resource for students of law, politics, international relations and technology as well as for diplomats and civil society actors, this publication demonstrates how the Council of Europe contributes to ensuring that everyone’s voice online can be heard. This is key to sustainable, human rights oriented and people-centred digitalisation. Human rights matter on the internet. Without freedom of expression, people cannot participate in everything that the information society has to offer. Yet online free speech is in danger. Between state laws, private rules and algorithms, full participation in the online communicative space faces many challenges. This publication explores the profound impact of the internet on free expression and how it can be effectively secured online. The second, updated edition of this introduction into the protection of freedom of expression online answers essential questions regarding the extent and limits of freedom of expression online and the role of social networks, courts, states and organisations in online communication spaces. In clear language, with vivid examples spanning two decades of internet law, the authors answer questions on freedom of expression in cyberspace. Addressing issues from the protection of bloggers to the right to access online information, the publication also shows the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations and includes a chapter on relevant national practice. It pays special attention to the role of European human rights law and the Council of Europe as this region’s most important human rights organisation.

The Internet is a new battleground between governments that censor online content and those who advocate Internet freedom. This report examines the implications of Internet freedom for state-society relations in nondemocratic regimes.

"David Kaye's book is crucial to understanding the tactics, rhetoric and stakes in one of the most consequential free speech debates in human history." -- Cory Doctorow, author of Radicalized, Walkaway and Little Brother The internet was designed to be a kind of free-speech paradise, but a lot of the material on it turned out to incite violence, spread untruth, and promote hate. Over the years, three American behemoths--Facebook, YouTube and Twitter--became the way most of the world experiences the internet, and therefore the conveyors of much of its disturbing material. What should be done about this enormous problem? Should the giant social media platforms police the content themselves, as is the norm in the U.S., or should governments and international organizations regulate the internet, as many are demanding in Europe? How do we keep from helping authoritarian regimes to censor all criticisms of themselves? David Kaye, who serves as the United Nations' special rapporteur on free expression, has been has been at the center of the discussions of these issues for years. He takes us behind the scenes, from Facebook's "mini-legislative" meetings, to the European Commission's closed-door negotiations, and introduces us to journalists, activists, and content moderators whose stories bring clarity and urgency to the topic of censorship. Speech Police is the most comprehensive and insightful treatment of the subject thus far, and reminds us of the importance of maintaining the internet's original commitment to free speech, free of any company's or government's absolute control, while finding ways to modulate its worst aspects.

There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.

Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.