The international order is made up by a number of States, each of which, under international law, is sovereign in its own territory. The Internet, due to its nature as a global information commons, crosses those borders. The tension between these two frameworks has been clearly brought to the fore in the aftermath of the Costejas decision, with the “right to be forgotten” being interpreted in vastly different manners by national adjudicative bodies. Most notably, the French data protection authority in 2016 claimed to have the power to order a global de-indexing by Google of search results based on a right to be forgotten claim by a French national. This raises the question: should States be allowed to regulate content beyond their borders?
This session aims to bring together experts from around the world to see if any common ground exists on the proper jurisdictional scope of content restrictions and, if so, it is possible to agree on a declaration setting out its principles.
The Berkman Klein Center’s Cyberlaw Clinic will ignite the discussion with a draft “Declaration Regarding the Proper Geographical Scope of Restrictions of Content Published on the Internet”, to which the experts will be invited to respond, after which the discussion will be opened to the wider audience.