Data & Jurisdiction Program Operational Approaches

I&J

Published on
April 24, 2019

The Secretariat of the Internet & Jurisdiction Policy Network is delighted to announce the release of Operational Approaches documents (download links below) for each of its three policy Programs: Data & Jurisdiction, Content & Jurisdiction, and Domains & Jurisdiction. They contain concrete proposals for Operational Norms, Operational Criteria and Operational Mechanisms to address some of the most pressing cross-border legal challenges of the digital 21st century.


Download the Data & Jurisdiction Program Operational Approaches document by clicking on the icon below:

The proposals for concrete Operational Norms, Criteria and Mechanism put forth in the Data & Jurisdiction Operational Approaches documents intend to provide a common frame of reference for public and private decision-makers in their efforts to develop policy standards and cooperation frameworks.

The Operational Approaches documents will feed into the 3rd Global Conference of the Internet & Jurisdiction Policy Network on June 3-5, 2019 in Berlin, which is organized in partnership with the Government of the Federal Republic of Germany, and institutionally supported by six international organizations: Council of Europe, European Commission, ICANN, OECD, United Nations ECLAC, and UNESCO. On their basis, stakeholders will discuss the Berlin Roadmap to structure the work in the Internet & Jurisdiction Policy Network for the next two years, in preparation for its 4th Global Conference in 2021.

The Operational Approaches documents are the result of a best effort by the Members of the three Programs’ Contact Groups established to address the issues identified by stakeholders in the Ottawa Roadmap of the 2nd Global Conference of the Internet & Jurisdiction Policy Network on February 26-28, 2018. The work of the Program’s Contact Groups was facilitated by three neutral Coordinators, appointed by the I&J Secretariat and selected for their outstanding expertise and standing in the community.

The Work Plans of the Ottawa Roadmap identified important structuring questions to further guide interactions within the three Programs of the Policy Network. The Operational Approaches released today are a joint contribution by some of the most engaged experts in this field to advance the ongoing debate on the complex cross-border issues of access to electronic evidence, online content moderation and restrictions, and requests for domain suspensions. They should however not be understood as the result of a formal negotiation validated by the Programs’ Contact Group Members’ organizations.

The proposals for concrete Operational Norms, Criteria and Mechanism put forth in the Operational Approaches documents are intended to provide a common frame of reference for public and private decision-makers in order to help stakeholders take into account the full range of relevant parameters when developing and implementing responsible frameworks, rules and practices to address the issues addressed within the three I&J Programs.

From Paris to Berlin and beyond: Stakeholders from Around the World Progress Towards Operational Solutions

On November 14-16, 2016, over 200 stakeholders from more than 40 countries gathered at the 1st Global Conference of the Internet & Jurisdiction Policy Network in Paris, France, where they collectively identified Areas for Cooperation for the three Programs, based on Framing Papers summarizing four years of international deliberations in the Policy Network. These Areas for Cooperation served as mandate for three Programs’ Contact Groups, whose Members developed Policy Options outlining tangible pathways to jointly address pressing cross-border legal challenges in cyberspace. These three Policy Options documents then formed the basis for discussions at the 2nd Global Conference of the Internet & Jurisdiction Policy Network, on February 26-28, 2018, in Ottawa, Canada. There, for the very first time, stakeholders defined, concrete Common Objectives and detailed Work Plans to jointly develop policy standards and concrete solutions in each Program of the Policy Network. Together, they form the Ottawa Roadmap. To implement the Ottawa Roadmap, Members from around the world worked intensively in the Programs of the Policy Network between July 2018 and April 2019 to develop the present Operational Approaches. They will feed into the 3rd Global Conference of the Internet & Jurisdiction Policy Network, on June 3-5, 2019, in Berlin, Germany.

Historical Documents and Background Information

List of Members  | Framing Paper (2016) |  Policy Options Document  (2017) | Common Objective and Work Plan of the Ottawa Roadmap (2018)  | Operational Approaches (2019)


Members of the Data & Jurisdiction Program's Contact Group

Coordinator

Robert Young
Legal Counsel
Canada, Department of Global Affairs


Members

Sunil Abraham
Executive Director 
Center for Internet and Society (CIS)

 

Waiswa Abudu Sallam 
Head Legal Affairs 
Uganda, Communications Commission

 

Karen Audcent 
Senior Counsel and Team Leader 
Canada, Ministry of Justice

 

Kerry-Ann Barrett 
Cyber Security Policy Specialist 
Organization of American States (OAS)

 

Cathrin Bauer-Bulst 
Deputy Head of Unit, Fight Against Cybercrime 
European Commission, DG HOME

 

Eduardo Bertoni 
Director
Argentina, National Access to Public Information Agency

 

Joseph Cannataci 
Special Rapporteur on the Right to Privacy 
United Nations

 

Jennifer Daskal 
Associate Professor 
American University Washington College of Law

 

Fernanda Domingos 
Federal Prosecutor 
Brazil, Federal Prosecution Service

 

Brendan Eiffe 
Head, Irish Central Authority for Mutual Legal Assistance 
Ireland, Department of Justice and Equality

 

Thomas Fitschen 
Director, Cyber Foreign Policy and Cyber Security 
Germany, Federal Foreign Office

 

Sharon Bradford Franklin 
Director, Surveillance and Cybersecurity Policy 
New America Foundation’s Open Technology Institute

 

Eric Freyssinet 
Chief Digital Strategy Officer 
France, Gendarmerie Nationale

 

Hartmut Glaser 
Executive Secretary 
Brazilian Internet Steering Committee (CGI.br)

 

Nicole Gregory 
Head, Data and Online Harms Policy 
United Kingdom, Foreign and Commonwealth Office

 

Jane Horvath
Senior Director, Global Privacy
Apple

 

Gail Kent 
Global Public Lead on Law Enforcement and Surveillance
Facebook

 

May-Ann Lim 
Executive Director 
Asia Cloud Computing Organization

  

Drew Mitnick 
Policy Counsel 
Access Now


Vivek Narayanadas
Data Protection Officer and Associate General Counsel
Shopify

 

Greg Nojeim 
Senior Counsel and Director, Freedom, Security and Technology Project 
Center for Democracy & Technology (CDT)

 

Barrack Otieno 
General Manager
African Top-Level Domains Organization (AfTLD)

 

Marc Porret 
Senior Legal Officer 
United Nations Counter-Terrorism Committee Executive Directorate (UNCTED)

 

Katitza Rodriguez 
International Rights Director 
Electronic Frontier Foundation (EFF)

 

Alberto Rodriguez Alvarez 
Advisor to the National Digital Strategy 
Mexico, Office of the President

 

Alexander Seger 
Executive Secretary, Cybercrime and Convention Committee and Head of Cybercrime Division 
Council of Europe

 

Acadia Senese 
Senior Counsel 
Google

 

Bernard Shen 
Assistant General Counsel 
Microsoft

 

Christoph Steck 
Director, Public Policy and Internet 
Telefonica

 

Dan Suter 
Director 
iJust

 

Dan Svantesson 
Co-Director 
Bond University, Centre for Commercial Law

 

Peter Swire 
Professor 
Georgia Institute of Technology, Scheller College of Business

 

Chris Wilson 
Senior Manager, Public Policy (Internet Governance) 
Amazon Web Services

 

Herbert Gustav Yankson 
Director of Cybercrime, Unit of the Criminal Investigations Department (CID)
Ghana, Police Service

 

Moctar Yedaly
Head, Information Society Division
African Union Commission