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Welcome to the Official Schedule for RightsCon Toronto 2018. This year’s program, built by our global community, is our most ambitious one yet. Within the program, you will find 18 thematic tracks to help you navigate our 450+ sessions

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Last updated: Version 2.3 (Updated May 15, 2018).

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Thursday, May 17 • 17:15 - 18:15
Avoiding a Race to the Bottom: Bringing Human Rights to Cross-Border Data Demands

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Law enforcement authorities across the world are continuously seeking to gain access to data in different jurisdictions, wherever the data is held. Currently, the primary international mechanism for facilitating governmental cross border data access is the Mutual Legal Assistance Treaty (MLAT) process, a series of treaties between two or more States that create a formal basis for cooperation between designated authorities of the signatories. However, MLATs have been criticized for being slow and inefficient. The MLAT regime includes steps to protect privacy and due process, but agencies have increasingly sought to bypass it, by either cross-border hacking, or leaning on large service providers in foreign jurisdictions to hand over data voluntarily. In particular, access to data collected, processed and stored by big U.S. Internet companies has become an increasing demand worldwide due to the prominence of U.S. internet companies. To fix the problems with MLATs, several government and regional proposals have emerged. This session will explore how MLAT reform can address many current problems, as well as map different approaches to this issue in different jurisdictions to try to bring human rights to cross-border data demands in line with the Necessary and Proportionality principles https://necessaryandproportionate.org/.

From the proposed CLOUD act that would empower the U.S. executive branch to enter into bilateral surveillance agreements with foreign nations, to the negotiations of a similar agreement between the United States and the United Kingdom; to proposals in the European Union and the Council of Europe that may facilitate direct cooperation on access to data between internet companies and governments. We’ll discuss these proposals to try to identify common policy and legal challenges, divergences and potential for cooperating in a joint future strategy: how can we ensure that these proposals will avoid a race to the bottom in the protection and defense of our rights and freedoms?

avatar for Fanny Hidvégi

Fanny Hidvégi

European Policy Manager, Access Now
Fanny (@infofannny) is Access Now’s European Policy Manager based in Brussels. Previously, Fanny was International Privacy Fellow at the Electronic Privacy Information Center in Washington, D.C. where she focused on E.U.-U.S. data transfers. For three years Fanny led the Freedom... Read More →

avatar for Maryant Fernandez

Maryant Fernandez

Senior Policy Advisor, European Digital Rights (EDRi)
Maryant is a Senior Policy Advisor at European Digital Rights (EDRi) and a lawyer admitted to the Madrid Bar association. Maryant defends human rights and fundamental freedoms online in the European Union. She works on surveillance and law enforcement, intermediary liability (e-commerce... Read More →

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... Read More →

Thursday May 17, 2018 17:15 - 18:15 EDT