[Commlist] CFP: Special Issue of Internet Policy Review on Power, Jurisdiction and Surveillance - deadline for abstracts 26 April 2019

CFP: Special Issue of /Internet Policy Review/ on

*/Power, Jurisdiction and Surveillance/*


    Topic and relevance

The rise of digital technology has major implications for how states and 
corporations wield coercive regulatory power through the transnational 
administration of justice. Increases in data transmitted and stored by 
public and private actors across jurisdictions raise crucial questions 
about how individual rights and freedoms can be protected in an era of 
seemingly ubiquitous transnational surveillance. The expanded 
development and application of domestic and international law to address 
behaviour in digital spaces, includes existing law applied to online 
activities, and new law to cover a growing range of internet-specific 
conduct. A pertinent site of state and corporate power in the digital 
realm involves attempts to develop and enforce domestic laws, especially 
criminal laws, transnationally. These processes generally occur outside 
existing domestic legislative frameworks, and raises questions about how 
national sovereignty, extraterritoriality and state and corporate 
interests are expanding at the expense of individual rights and freedoms 
in digital societies.


    Scope of the special issue

This special issue considers how the intersections between power, 
justice and space challenge existing conceptual and theoretical 
categories of contemporary law, that span the fields of criminology, 
international relations, digital media and other related disciplines 
(see e.g. Johnson & Post, 1996; Goldsmith & Wu, 2006; Brenner, 2009; 
Hilderbrandt, 2013; DeNardis, 2014). The legal geographies of the 
contemporary digital world require rethinking in light of calls for a 
more sophisticated and nuanced approach to understanding sovereignty, 
jurisdiction and the power to exercise control, yet still protect 
individual rights through law in the electronic age (Svantesson, 2013). 
These issues raise a host of additional contemporary and historical 
questions about the authority exerted by the US over extraterritorial 
conduct in various fields including laws relating to crime, intellectual 
property, surveillance and national security (see e.g. Schiller, 2011; 
Bauman et al., 2014; Boister, 2015).

Legal geography is an emerging multidisciplinary area of inquiry, 
concerned with interrogating how law is connected to, and interacts 
with, the social and physical worlds (Braverman et al., 2014). By 
emphasising how the legitimate exercise of power occurs in and through 
space, legal geography is of significant relevance to online 
environments. Initial arguments about regulating the transnational 
nature of the internet describe the notion of sovereignty becoming 
‘softened’ (Culnan & Trinkunas, 2010), while emphasising the need to 
move beyond outmoded binary notions of extraterritoriality (Svantesson, 
2013; 2014; 2017).

The nation-state can assert jurisdictional reach through the 
extraterritorial exercise of power. This is more likely to involve 
powerful geopolitical actors such as the United States, which has 
recently enacted the Clarifying Lawful Overseas Use of Data (CLOUD) Act, 
and the European Union, via its General Data Protection Regulation 
(GDPR). The emergence of large transnational corporations providing 
critical virtual and physical infrastructure adds private governance to 
this equation, which offers further new dimensions to the rule of law 
and also self- or co-regulation (see for e.g. Goldsmith & Wu, 2006; 
DeNardis & Hackl, 2015; Suzor, 2018; Brown & Marsden, 2013). Some of the 
ways jurisdictional tensions emerge in online spaces – with 
corresponding offline effects – occur through policing and law 
enforcement practices in the fields of criminal, intellectual property 
and corporate law. However, the lack of uniformity of these laws at 
domestic levels can lead to complicated and protracted legal disputes 
between nations, or amongst different agencies within nations (Palmer & 
Warren, 2013). Additional concerns arise regarding whether and how due 
process and human rights protections are maintained through the 
extraterritorial access to e-evidence (Warren, 2015; Svantesson & Gerry, 
2015), the extradition of alleged offenders (Mann & Warren, 2018; Mann 
et al., 2018), and new and emerging powers many national law enforcement 
agencies now possess to engage extraterritorial surveillance and 
offshore government hacking.


    Focus of the papers

Power and jurisdiction are central to understanding justice and 
regulating the contemporary digital environment. For this special issue, 
/Internet Policy Review/ invites theoretical, empirical, and 
methodological papers from law, criminology, digital humanities, 
critical surveillance studies, and related disciplines on the following 
issues, which bear relevance to European societies and highlight policy 
implications or make a reference to regulatory debates:

  *

    How the concept of legal geography can be applied to activities in,
    and regulation of, digital spaces;

  *

    The impact of the expansion in domestic and international
    cybercrime, data protection and intellectual property laws on
    concepts of jurisdiction, sovereignty and extraterritoriality;

  *

    The geopolitical impacts of domestic and international cybercrime
    laws such as the Council of Europe’s Convention on Cybercrime
    (Budapest Convention), the recent United States CLOUD Act and other
    lawful access regimes including EU e-Evidence proposals;

  *

    The application of due process requirements in the contemporary
    policing of digital spaces;

  *

    The objectives of justice in the study of private governance in
    online environments; and

  *

    The implications of these transnational developments for current and
    future policy and regulation of online activities and spaces.

A selection of contributions will be made from extended abstracts. 
Authors of papers selected for the special issue will be invited to 
present and discuss their paper at a workshop to be held in Brisbane, 
Australia, in late 2019 (aligned with the Association of Internet 
Researchers annual conference which will be hosted by QUT Digital Media 
Research Centre). The workshop will enable exchange of ideas on these 
timely issues, provide peer-feedback for the finalisation of the papers 
and promote the forthcoming special edition. A sub-selection of papers 
will be selected for the special issue based on regular peer review.


    Special issue editors

Dr Monique Mann ((m6.mann /at/ qut.edu.au) <mailto:(m6.mann /at/ qut.edu.au)>)
Vice-Chancellor’s Research Fellow in Technology and Regulation
School of Justice, Faculty of Law
Queensland University of Technology

Dr Angela Daly ((angela.daly /at/ cuhk.edu.hk) <mailto:(angela.daly /at/ cuhk.edu.hk)>)
Assistant Professor
Chinese University of Hong Kong Faculty of Law


    Important dates

Release of the call for papers

	

March 2019

Deadline for expression of interest and abstract submissions (500 word 
abstracts)

	

26th April 2019

Invitation to submit full text submissions

	

May 2019

Full text submissions deadline

All details on text submissions can be found under 
http://policyreview.info/authors <http://policyreview.info/authors>

	

August 2019

Peer review process

	

September 2019

Workshop in Brisbane

	

1st of October 2019 (attendance is not compulsory)

Resubmission of papers following review

	

January 2020

Preparation for publication

	

February 2020

Publication

	

March 2020


    References

Bauman, Z., Bigo, D., Esteves, P., Guild, E., Jabri, V., Lyon, D. and 
Walker, R.B.J. (2014). After Snowden: Rethinking the impact of 
surveillance. /International Political Sociology, 8/(2), 121-144. Doi: 
10.1111/ips.12048.

Boister, N. (2015). Further reflections on the concept of transnational 
criminal law. /Transnational Legal Theory, 6/(1), 9-30.

Braverman, I., Blomley, N., Delaney, D., & Kedar, A. (2014). /The 
expanding spaces of law: A timely legal geography/. Stanford, 
California: Stanford University Press.

Brenner, S. W. (2009). /Cyberthreats: The emerging fault lines of the 
nation state/. Oxford: Oxford University Press.

Brown, I., & Marsden, C. T. (2013). /Good governance and better 
regulation in the information age/. Cambridge, Massachusetts: MIT Press.

Clunan, A., & Trinkunas, H. (Eds.) (2010). /Ungoverned spaces: 
Alternatives to state authority in an era of softened sovereignty/. 
Stanford, California: Stanford University Press.

DeNardis, L. (2014). /The global war for internet governance/. New 
Haven, CT: Yale University Press.

DeNardis, L. & Hackl, A. M. (2015). Internet governance by social media 
platforms. /Telecommunication Policy, 39/, 761-770.

Goldsmith, J. & Wu, T. (2006). /Who controls the internet: Illusions of 
a borderless world/. New York, Oxford University Press.

Hilderbrandt, M. (2013). Extraterritorial jurisdiction to enforce in 
cyberspace: Bodin, Schmitt, Grotius in cyberspace, /University of 
Toronto Law Journal, 63/, 196-224.

Johnson, D. & Post, D. (1996). Law and borders: The rise of law in 
cyberspace, /Stanford Law Review, 48/(5), 1367-1402.

Mann, M. & Warren, I. (2018). The digital and legal divide: Silk road, 
transnational online policing and southern criminology. In Carrington, 
Kerry, Hogg, Russell, Scott, John, & Sozzo, Máximo (Eds.) /Handbook of 
Criminology and the Global South/. Cham, Switzerland: Palgrave 
Macmillan, pp. 245-260.

Mann, M., Warren, I. & Kennedy, S. (2018). The legal geographies of 
transnational cyber-prosecutions: extradition, human rights and forum 
shifting, /Global Crime, 19/(2), 107-124.

Palmer, D. and Warren, I. (2013). Global policing and the case of Kim 
Dotcom. /International Journal for Crime, Justice and Social Democracy, 
2/(3), 105-119.

Schiller, D. (2011). Special commentary: Geopolitical-economic conflict 
and network infrastructures. /Chinese Journal of Communication, 4/(1), 
90-107.

Suzor, N. (2018). Digital constitutionalism: Using the rule of law to 
evaluate the legitimacy of governance by platforms. /Social Media and 
Society/, 1-11.

Svantesson, D. (2013). A ‘layered approach’ to the extraterritoriality 
of data privacy laws. /International Data Privacy Law, 3/(4), 278-286.

Svantesson, D. (2014). Sovereignty in international law – how the 
internet (maybe) changed everything, but not for long. /Masaryk 
University Journal of Law and Technology, 8/(1), 137-155.

Svantesson, D., & Gerry, S. (2015). Access to extraterritorial evidence: 
The Microsoft cloud case and beyond. /Computer Law & Security Review, 
31/, 478-489.

Svantesson, D. (2017). /Solving the internet jurisdiction puzzle/. 
Oxford: Oxford University Press.

Warren, I. (2015). Surveillance, criminal law and sovereignty, 
/Surveillance & Society, 13/(2), 300-305.

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