Geopolitics, jurisdiction and surveillance

Monique Mann,Angela Daly

doi:10.14763/2020.3.1501

Abstract

The rise of digital information communication technology has major implications for how states wield coercive power beyond their territorial borders through the extraterritorial geographies of data flows. In examining the geopolitics of data, transnational surveillance, and jurisdiction, this collection makes a significant contribution to the field of global internet governance. It shows how the internet is a forum for geopolitical struggle with states weaponising jurisdiction and exerting power beyond their own borders directly, and via infrastructures owned and operated by transnational technology companies. These dynamics challenge existing conceptual and theoretical categories of contemporary law across the fields of international relations, criminology, and digital media, and raise urgent questions about if and how individual rights can be protected in an era of ubiquitous transnational surveillance conducted by private companies and governments alike.

Highlights

With this special issue we offer critical commentary and analysis of the geopolitics of data, transnational surveillance and jurisdiction, and reflect upon the question of if and how individual rights can be protected in an era of ubiquitous transnational surveillance conducted by private companies and governments alike
We show that deficiencies in Australian human rights protections are the ‘weak link’ in the Five Eyes’ (FVEY) alliance, which means there is the possibility for regulatory arbitrage to exploit these new surveillance powers to undermine encryption, at a global scale, via Australia
The papers demonstrate the significance of the internet as a forum for geopolitical struggle and the weaponisation of jurisdiction, especially with exterritorial reach, for states to extend their power beyond their own borders directly, and via transnational companies

Summary

Introduction

With this special issue we offer critical commentary and analysis of the geopolitics of data, transnational surveillance and jurisdiction, and reflect upon the question of if and how individual rights can be protected in an era of ubiquitous transnational surveillance conducted by private companies and governments alike.

Results

Conclusion