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Mapping power and jurisdiction on the internet through the lens of government-led surveillance

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  • Gstrein, Oskar Josef

Abstract

Facing the fragmentation of digital space in the aftermath of the Snowden revelations, this article considers regulatory models available to avoid the balkanisation of the internet. Considering government-led surveillance in particular, available strategies are investigated to create a trustworthy and universal digital space, based on human rights principles and values. After analysis and discussion of salient aspects of two relevant proposals, it is submitted that the lack of a common understanding of concepts makes global regulation unlikely. Nevertheless, a possible alternative to universal frameworks and national regulation might be the creation of 'blocs of trust', established through international conventions.

Suggested Citation

  • Gstrein, Oskar Josef, 2020. "Mapping power and jurisdiction on the internet through the lens of government-led surveillance," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 9(3), pages 1-17.
    • Handle: RePEc:zbw:iprjir:224936
    DOI: 10.14763/2020.3.1497
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    References listed on IDEAS

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    1. Mann, Monique & Daly, Angela & Molnar, Adam, 2020. "Regulatory arbitrage and transnational surveillance: Australia's extraterritorial assistance to access encrypted communications," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 9(3), pages 1-20.
    2. Vazquez Maymir, Sergi, 2020. "Anchoring the need to revise cross-border access to e-evidence," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 9(3), pages 1-24.
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    Cited by:

    1. Thumfart, Johannes, 2020. "Public and private just wars: Distributed cyber deterrence based on Vitoria and Grotius," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 9(3), pages 1-26.
    2. Mann, Monique & Daly, Angela & Molnar, Adam, 2020. "Regulatory arbitrage and transnational surveillance: Australia's extraterritorial assistance to access encrypted communications," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 9(3), pages 1-20.

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    1. Mann, Monique & Daly, Angela & Molnar, Adam, 2020. "Regulatory arbitrage and transnational surveillance: Australia's extraterritorial assistance to access encrypted communications," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 9(3), pages 1-20.

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