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

[Angela Daly]

 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)
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)
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

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.