Law, Borders, and Speech Conference: Proceedings and Materials

77 Pages Posted: 14 Jun 2018  

Daphne Keller

Stanford Law School Center for Internet and Society

David G. Post

Independent

David R. Johnson

Independent

Graham Smith

Bird & Bird LLP

Annemarie Bridy

University of Idaho; Stanford Law School Center for Internet and Society

Joris van Hoboken

University of Amsterdam - Institute for Information Law (IViR)

Agustina Del Campo

University of Palermo

Albert Gidari

Stanford University

Dan Jerker Svantesson

Bond University

Uta Kohl

Aberystwyth University

Min Jiang

University of North Carolina (UNC) at Charlotte; University of Pennsylvania - Center for Global Communication Studies

Date Written: December 15, 2017

Abstract

Tensions between national law and the Internet’s global architecture have existed since the network’s earliest days. They took on new urgency in recent years, with developments like French regulators’ efforts to globally enforce “Right to Be Forgotten” laws. New cases, technologies, and platform responses seem to come along every few months. Expert-level discussion of these issues is dynamic and fast-moving -- but the written literature is only starting to catch up. This volume contributes to that literature by capturing insights from the Stanford Center for Internet and Society’s Law, Borders, and Speech conference.

The event honored the twentieth anniversary of David G. Post and David R. Johnson’s seminal Law and Borders article in the Stanford Law Review. It convened what one panelist called “the best folks on the subject in the country -- or probably the world,” from government, industry, civil society, and more. Vibrant discussion covered questions including

* When should one country’s laws control speech and access to information around the world?

* If the most meaningful ‘laws’ governing online speech are the ones made by private platforms, what does that mean for national governments and the rule of law?

* Should Internet platforms use technical means to block countries where their services, or information posted by their users, violate national law? Should the answer depend on the country, the technology, or the law at issue?

* How might these answers differ for specific areas of law, ranging from intellectual property to human rights?

The Conference proceedings volume includes overviews of each panel from the public session of the Conference. Appended resources include links to key cases, a glossary of current blocking technologies, and a write-up of hypothetical scenarios for group discussion. The panel write-ups capture some of the most sophisticated thinking on current issues, ranging from the role of geoblocking technologies to the intersection of state and private power in regulating user behavior on platforms like Google or Facebook. The material is licensed under the Creative Commons CC-BY license. We hope it will be a valuable in prompting further conversations and innovative thinking about these challenging and rapidly evolving issues.

Keywords: jurisdiction, speech, Internet, Right to Be Forgotten, conflict of law, copyright, platform, intermediary liability

Suggested Citation

Keller, Daphne and Post, David G. and Johnson, David R. and Smith, Graham and Bridy, Annemarie and van Hoboken, Joris and Del Campo, Agustina and Gidari, Albert and Svantesson, Dan Jerker and Kohl, Uta and Jiang, Min, Law, Borders, and Speech Conference: Proceedings and Materials (December 15, 2017). Available at SSRN: https://ssrn.com/abstract=3121281 or http://dx.doi.org/10.2139/ssrn.3121281

Daphne Keller (Contact Author)

Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
6507231417 (Phone)

HOME PAGE: http://cyberlaw.stanford.edu/about/people/daphne-keller

David G. Post

Independent ( email )

No Address Available

David Reynold Johnson

Independent ( email )

No Address Available

Graham Smith

Bird & Bird LLP ( email )

12 New Fetter Lane
London, EC4A 1JP
United Kingdom

HOME PAGE: http://www.twobirds.com/en/our-lawyers/g/graham-smith1

Annemarie Bridy

University of Idaho ( email )

PO Box 83720
Boise, ID 83720-0051
United States

HOME PAGE: http://www.uidaho.edu/law/people/faculty/abridy

Stanford Law School Center for Internet and Society ( email )

Palo Alto, CA
United States

HOME PAGE: http://cyberlaw.stanford.edu/about/people/annemarie-bridy

Joris Van Hoboken

University of Amsterdam - Institute for Information Law (IViR)

Rokin 84
Amsterdam, 1012 KX
Netherlands

Agustina Del Campo

University of Palermo ( email )

Viale delle Scienza
Palermo, Buenos Aires 90128
Italy

Albert Gidari

Stanford University ( email )

Stanford, CA 94305
United States

Dan Jerker Svantesson

Bond University ( email )

No Address Available

Uta Kohl

Aberystwyth University ( email )

Elystan Morgan Building
Aberystwyth, SY23 3AS
United Kingdom
00 44 1970 622738 (Phone)

Min Jiang

University of Pennsylvania - Center for Global Communication Studies ( email )

3620 Walnut St
Philadelphia, PA Pennsylvania 19104
United States

HOME PAGE: http://www.linkedin.com/in/minjiang

University of North Carolina (UNC) at Charlotte ( email )

9201 University City Boulevard
Charlotte, NC 28223
United States

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