knea;ae

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INTRODUCTION

Public Privacy is about basic freedom and privacy rights grounded in international human rights law. Cyberspace is a borderless public space in which citizens, regardless of their citizenship, nationality, ethnicity, political orientation, gender or otherwise background communicate and interact. Cyberspace offers an environment that consists of many participants with the ability to affect and influence each other . This space is transparent and neutral in its nature but often defined, broadened, limited and censored by people who make use of it. Communication via the internet is therefore often anonymous and yet used and shared with a worldwide wide public, which remains, to the large part, personally unknown for the individual internet user. This worldwide public counts today around 2.5 billion internet users. If cyberspace were a country, it would be the largest and most populated country in the world, but yet without any government, legislative bodies, law enforcement, protection mechanism, or rules for participation, let alone anything that comes close to a ‘cyber-constitution’ for all internet-citizens . We assume that without a commonly accepted cyber rules based on human rights and the rule of law, the internet users will have difficulties to protect and enjoy their human rights in cyberspace. The means and ways to govern this new borderless regime are not yet defined. Nevertheless, in the debate and effort to set up a cyberspace governance regime, human rights norms and standards, role of various actors that are involved in the design of the cyberspace regime gains importance. If ever established, the cyberspace governing body will be one of multiple stakeholders and actors including national, international a...

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...m of expression and may threaten the foundations of a democratic society. With this resolution, UN member states recall their own obligation to ensure that measures taken to counter terrorism or other security threats comply with international human rights law . Therefore, the 2013 UN resolution calls upon states to take measures to put an end to violations of those rights and specifically to establish independent oversight mechanisms capable of ensuring transparency and accountability of state surveillance of communications, their interception and collection of personal data. It is the urge for a new rule of law in cyberspace. That is to say within the borderless, but yet largest ‘cybercountry’ of 2.5 billion inhabitants (and very rapid population growth) on this planet, the need for new institutional set ups that govern, regulate and manage this space is enormous.

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