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Thursday, March 31 • 12:00pm - 1:15pm
Privacy, Anonymity, and Warrantless Access to Subscriber Identification Data

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When people communicate with one another over the Internet or the telecommunications network, they mostly do so anonymously in a sense that, even if when their identities are known to each other, they are not known to third parties. Their identities remain within the realm of reasonable expectation of privacy which should be penetrated only upon judicial supervision, i.e., court order under probable grounds. Content or communication metadata can lose their importance if they remain anonymous and the speakers cannot be identified. However, in many jurisdictions subscriber identification data held by the service providers has been given the least level of legal protection, although it reveal protected information. In this session, we want to address the urgent need to ensure that any information that includes, reflects, arises from, or is about a person’s communications and that is not readily available and easily accessible to the general public has been given a strong legal protection as per the necessary and proportionate principles. A couple of talks will present a recent trend or cases in warrantless access to subscriber identification data, especially in the US, the UK, or South Korea where it was revealed that such surveillance is being conducted at a great scale. And other talks from countries where seizure of such information require warrant, for example Canada or Mexico, will explain the principles or discussions behind such restriction. UN Special Rapporteurs will provide concluding observations.

avatar for Luis Fernando Garcia

Luis Fernando Garcia

Director, R3D
avatar for David Kaye

David Kaye

Special Rapporteur for Freedom of Expression, United Nations
Prof. Kaye’s scholarship and teaching focus on public international law, especially international human rights law, international humanitarian law, accountability for violations of human rights, and the law governing the use of force. He is just as interested in efforts to translate international law—especially human rights law—in a domestic American context, whether in courts, legislatures, or the executive branches of... Read More →
avatar for Kelly Kim

Kelly Kim

General Counsel, Open Net Korea
Kelly Kim is General Counsel of Open Net Korea, a nonprofit, civil society organization founded in 2013 to defend and promote Internet freedom and digital rights in South Korea. She focuses on issues regarding freedom of expression, privacy and mass-surveillance, intermediary liability and Internet governance. Prior to joining Open Net, she worked for the Ministry of Justice of Korea as a Deputy Director at the International Legal Affairs... Read More →
avatar for K.S. Park

K.S. Park

Co-Founder/ Professor, Open Net Korea/ Korea University Law School
Internet law, freedom of speech, privacy, Korean judiciary, net neutrality, film industry, antitrust, open government, copyright | Successful impact litigations - striking down Internet real-name law, "false news" crime, and Internet election regulation; holding telcos liable for data disclosure secrecy; holding a copyright society for bad faith takedown notice; and defending dissident bloggers from criminal defamation and insult laws and... Read More →
avatar for Katitza Rodriguez

Katitza Rodriguez

International Rights Director, Electronic Frontier Foundation
Katitza Rodriguez is EFF's International Rights Director. She concentrates on comparative policy of international privacy issues, with special emphasis on law enforcement, government surveillance, and cross border data flows. Her work in EFF's International Program also focuses on cybersecurity at the intersection of privacy, freedom of expression, and copyright enforcement.

Thursday March 31, 2016 12:00pm - 1:15pm
*The Hub*

Attendees (79)