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Friday, April 1 • 2:30pm - 3:45pm
Manila Principles: One Year Later

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Last year at RightsCon, the Manila Principles on Intermediary Liability were launched. After one year, the global threats facing intermediaries—and, more importantly, their users—are greater than ever. For example, there is considerable political pressure in Europe to raise new obligations for intermediaries who host illegal content "actively" rather than "passively", such as establishing a duty of care, and making Content ID and notice­-and­-staydown compulsory. These measures would result in a further chilling of users' speech and a narrowing of the space available for the exercise of their human rights online.

On the other hand some argue that there could be certain areas such as data security and cyber security that attract a positive liability framework. For example, there are websites on the internet that exist solely for promoting revenge porn or online extremism. There are several examples where people continue to suffer even after they have identified illegal content because intermediaries refuse to take down content. Further even if individuals are able to obtain court orders for the removal of content in a particular jurisdiction, there is no way to ensure that they are enforceable in another jurisdiction.

This session will address these tensions and provide an opportunity to air both sides of this debate. The session will begin with a recap of the Manila Principles for newcomers, outlining how they have been applied during their first year, and the current challenges that we face.

The session will then move into a facilitated discussion of strategies on how the Manila Principles can be applied to present policy windows to counter current threats to users of intermediaries' services and protect freedom of expression while enabling an environment for innovation and balancing the needs of governments and other stakeholders. Such policy windows could include the platform consultation in Europe, the General Data Protection Regulation also in Europe, and unfavorable national intermediary liability regimes such as in Austria.

Lastly, the session will introduce the Manila Principles' next generation document, which is a draft template notice of alleged illegal content, designed as a tool for intermediaries to use to contact their users. The notice, although not compulsory for those who endorse the Manila Principles, is intended to be complementary to it, and would standardize the information that users receive, ensuring that they are not fed misleading or incomplete information.

Speakers
avatar for Kenneth Carter

Kenneth Carter

Counsel, CloudFlare
Ken Carter is Counsel at CloudFlare which has an ambitious goal – build a better Internet. CloudFlare's services protect and accelerate more than 4 million websites by automatically optimizing the delivery of web pages so visitors get the best performance possible. He was recently selected as Bay Area Corporate Counsel of the Year 2016. | | Before joining CloudFlare, Ken was Policy Counsel for Advanced Networks and Access Services at... Read More →
avatar for Eve Chaurand

Eve Chaurand

General Counsel & Secretary, Change.org
EH

Elonnai Hickok

Director - Internet Governance, Centre for Internet and Society
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 Mark Stephens, CBE

Mark Stephens, CBE

Independent Board Chair, Global Network Initiative
Mark Stephens, CBE is the Independent Board Chair of the Global Network Initiative. A British lawyer specializing in international commercial dispute resolution, media law, human rights and intellectual property, Mark has undertaken some of the highest profile cases in the UK and around the world defending the free expression rights of artists, journalists, and the rights of online publishers in libel cases. He currently heads the international... Read More →


Friday April 1, 2016 2:30pm - 3:45pm
The Bridge

Attendees (38)