A slippery and inconsistent slope

How Cambodia's draft cybercrime law exposed the dangerous drift away from international human rights standards

Felicity Harrison, Catherine Moore

    Research output: Contribution to journalArticleResearchpeer-review

    1 Downloads (Pure)

    Abstract

    In the late 70's, a Group of Experts on Transborder Data Barriers and Privacy Protection was set up within the OECD. This expert group developed guidelines on basic rules governing the transborder flow and the protection of personal data and privacy. The purpose was to "facilitate a harmonization of national legislations, without this precluding at a later date the establishment of an international Convention." The Guidelines are described as "minimum standards for adoption in domestic legislation ... and ... capable of being supplemented by additional measures for the protection of privacy and individual liberties at the national as well as the international level." Decades on, there remains no internationally accepted set of principles, leaving states with piecemeal legislation.2 The draft Cybercrime Law for Cambodia is just the latest in this long line of laws that attempt to resolve this issue. This Article will demonstrate, however, that the draft Cybercrime Law for Cambodia exposed a dangerous drift away from international human rights standards regarding protection of speech and right to privacy on the Internet. We will also propose possible redrafting of the Cambodian law, to bring it in line with their international human rights obligations and provide for easier implementation along with a possible framework for an international construct dealing with this pressing legal issue. � 2015 Felicity Gerry. Published by Elsevier Ltd. All rights reserved.
    Original languageEnglish
    Pages (from-to)628-650
    Number of pages23
    JournalComputer Law and Security Review
    Volume31
    Issue number5
    DOIs
    Publication statusPublished - Oct 2015

    Fingerprint

    Cambodia
    human rights
    Data privacy
    Law
    privacy
    Internet
    legislation
    expert
    right to privacy
    personal data
    harmonization
    OECD
    obligation
    Group
    Cybercrime
    Draft
    Privacy
    Human rights
    Legislation

    Cite this

    @article{38376b98726d4ccab4197e592d049376,
    title = "A slippery and inconsistent slope: How Cambodia's draft cybercrime law exposed the dangerous drift away from international human rights standards",
    abstract = "In the late 70's, a Group of Experts on Transborder Data Barriers and Privacy Protection was set up within the OECD. This expert group developed guidelines on basic rules governing the transborder flow and the protection of personal data and privacy. The purpose was to {"}facilitate a harmonization of national legislations, without this precluding at a later date the establishment of an international Convention.{"} The Guidelines are described as {"}minimum standards for adoption in domestic legislation ... and ... capable of being supplemented by additional measures for the protection of privacy and individual liberties at the national as well as the international level.{"} Decades on, there remains no internationally accepted set of principles, leaving states with piecemeal legislation.2 The draft Cybercrime Law for Cambodia is just the latest in this long line of laws that attempt to resolve this issue. This Article will demonstrate, however, that the draft Cybercrime Law for Cambodia exposed a dangerous drift away from international human rights standards regarding protection of speech and right to privacy on the Internet. We will also propose possible redrafting of the Cambodian law, to bring it in line with their international human rights obligations and provide for easier implementation along with a possible framework for an international construct dealing with this pressing legal issue. � 2015 Felicity Gerry. Published by Elsevier Ltd. All rights reserved.",
    keywords = "Computer crime, Data privacy, Laws and legislation, Social aspects, Standards, Cambodia, Cybercrime, Freedom of speech, Human rights, Privacy rights, Internet",
    author = "Felicity Harrison and Catherine Moore",
    year = "2015",
    month = "10",
    doi = "10.1016/j.clsr.2015.05.008",
    language = "English",
    volume = "31",
    pages = "628--650",
    journal = "Computer Law and Security Review",
    issn = "0267-3649",
    publisher = "Elsevier",
    number = "5",

    }

    A slippery and inconsistent slope : How Cambodia's draft cybercrime law exposed the dangerous drift away from international human rights standards. / Harrison, Felicity; Moore, Catherine.

    In: Computer Law and Security Review, Vol. 31, No. 5, 10.2015, p. 628-650.

    Research output: Contribution to journalArticleResearchpeer-review

    TY - JOUR

    T1 - A slippery and inconsistent slope

    T2 - How Cambodia's draft cybercrime law exposed the dangerous drift away from international human rights standards

    AU - Harrison, Felicity

    AU - Moore, Catherine

    PY - 2015/10

    Y1 - 2015/10

    N2 - In the late 70's, a Group of Experts on Transborder Data Barriers and Privacy Protection was set up within the OECD. This expert group developed guidelines on basic rules governing the transborder flow and the protection of personal data and privacy. The purpose was to "facilitate a harmonization of national legislations, without this precluding at a later date the establishment of an international Convention." The Guidelines are described as "minimum standards for adoption in domestic legislation ... and ... capable of being supplemented by additional measures for the protection of privacy and individual liberties at the national as well as the international level." Decades on, there remains no internationally accepted set of principles, leaving states with piecemeal legislation.2 The draft Cybercrime Law for Cambodia is just the latest in this long line of laws that attempt to resolve this issue. This Article will demonstrate, however, that the draft Cybercrime Law for Cambodia exposed a dangerous drift away from international human rights standards regarding protection of speech and right to privacy on the Internet. We will also propose possible redrafting of the Cambodian law, to bring it in line with their international human rights obligations and provide for easier implementation along with a possible framework for an international construct dealing with this pressing legal issue. � 2015 Felicity Gerry. Published by Elsevier Ltd. All rights reserved.

    AB - In the late 70's, a Group of Experts on Transborder Data Barriers and Privacy Protection was set up within the OECD. This expert group developed guidelines on basic rules governing the transborder flow and the protection of personal data and privacy. The purpose was to "facilitate a harmonization of national legislations, without this precluding at a later date the establishment of an international Convention." The Guidelines are described as "minimum standards for adoption in domestic legislation ... and ... capable of being supplemented by additional measures for the protection of privacy and individual liberties at the national as well as the international level." Decades on, there remains no internationally accepted set of principles, leaving states with piecemeal legislation.2 The draft Cybercrime Law for Cambodia is just the latest in this long line of laws that attempt to resolve this issue. This Article will demonstrate, however, that the draft Cybercrime Law for Cambodia exposed a dangerous drift away from international human rights standards regarding protection of speech and right to privacy on the Internet. We will also propose possible redrafting of the Cambodian law, to bring it in line with their international human rights obligations and provide for easier implementation along with a possible framework for an international construct dealing with this pressing legal issue. � 2015 Felicity Gerry. Published by Elsevier Ltd. All rights reserved.

    KW - Computer crime

    KW - Data privacy

    KW - Laws and legislation

    KW - Social aspects

    KW - Standards

    KW - Cambodia

    KW - Cybercrime

    KW - Freedom of speech

    KW - Human rights

    KW - Privacy rights

    KW - Internet

    U2 - 10.1016/j.clsr.2015.05.008

    DO - 10.1016/j.clsr.2015.05.008

    M3 - Article

    VL - 31

    SP - 628

    EP - 650

    JO - Computer Law and Security Review

    JF - Computer Law and Security Review

    SN - 0267-3649

    IS - 5

    ER -