New World Borders: How Jurisdiction Affects Human Rights Online

New America, the Global Network Initiative, and the American Society of International Law

09/18/2018 - 09:00 to 09/20/2018 - 13:30


9:00-9:15 a.m. – Welcome

Judith Lichtenberg
Executive Director, Global Network Initiative

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

Wes Rist
Deputy Director, American Society for International Law

9:15-10:45 a.m. – Panel I: Cross-Border Access to Data
Government efforts to access data located in another jurisdiction primarily rely on government-to-government mechanisms. Perceptions that these avenues are too slow and/or cumbersome have spurred various government measures for cross-border access to data. The first panel will explore the legal and historical context of the existing Mutual Legal Assistance Treaties system, as well as its benefits and limitations, and compare the scope and implications of the different forms of “unilateral” measures and “bi/multilateral” frameworks for governments’ cross-border requests for user data.

Jennifer Daskal
Associate Professor of Law, American University Washington College of Law

Sidsela Nyebak
Vice President of Group Sustainability, Telenor Group

Greg Nojeim
Senior Counsel and Director of the Freedom, Security, and Technology Project, Center for Democracy & Technology

Sharon Bradford Franklin
Director of Surveillance and Cybersecurity Policy, New America's Open Technology Institute

10:45-11:00 a.m. – Coffee Break

11:00 a.m.-12:30 p.m. – Panel II: Global Take Down Orders
In recent years, regulators and courts in several different countries have attempted to compel Internet companies to limit the availability of content on their platforms to users in other countries or regions – even where the content at issue has not been deemed illegal and may be protected in those places. These decisions, which push the bounds of extraterritoriality in the exercise of jurisdiction by national authorities, have surfaced with respect to a variety of different categories of content. The second panel will discuss the legal and human rights principles implicated by such orders, understand the reasons why authorities have sought them, and explore the various implications they create for companies and users.

Anupam Chander
Professor of Law, Georgetown University Law Center

Alexandria Walden (Invited)
Counsel, Google

Jessica Dheere
Executive Director, Social Media Exchange

Arturo Carillo
Professor of Clinical Law, George Washington University Law School
Vice-Chair, ASIL Interest Group on International Law and Technology

12:30-12:45 p.m. – Keynote and Concluding Remarks

David Sullivan
Director of Learning and Development, Global Network Initiative

12:45-1:30 p.m. – Lunch and Reception


Coffee, tea, and light refreshments will be offered in the morning, and lunch will be served at the conclusion of the event.


New America
740 15th Street NW
Washington , DC 20005