refer or apply to how an individual can exercise their
rights and freedoms in digitally networked spaces.
Examples here are laws on electronic patient files,
consumer protection, or issues such as privacy in
the workplace.
Finally, in some countries, laws having no specific language on digital rights had been used to
repress free expression. For example, in Tunisia,
drug laws have been used to prosecute alleged
speech crimes.43 Around the world, anti-terror laws
are regularly being used against journalists.44 In the
US, a law meant to curtail copyright infringement
was ultimately rejected for its potential to chill
speech.45 And in Vietnam, tax laws are regularly
used to prosecute bloggers.46 To acknowledge this
phenomenon, we created a category of other laws
to capture the counterintuitive and sometimes systematic use of laws not in the first four categories.
Identification of these laws often depends on monitoring and analysis of case law.
Because legal systems are always changing,
being amended, reinterpreted, appealed, the triangulation process and the five-category structure
did not always support clear-cut decisions. The research process surfaced differing opinions about
which laws qualified as affecting digital rights,
where to categorise a law, or whether one law could
fit into two categories. For example, some researchers elected not to include press and publications
laws if they did not expressly mention electronic
media. Others saw the potential for these laws to be
used to restrict digital spaces, so they listed them.
Then, there were divergent approaches to categorisation: does a press and publications law belong in
the fundamental rights and freedoms category or is
it a sectoral law?
While perfect precision is not possible, the aim
was to help researchers blaze a path through complex and evolving legal systems by offering several
entry points where one might find digital rights-relevant law. Grounding the research and review
process in a consistent approach would yield more
or less comparable results that could be further
refined during peer and expert reviews. The next
challenge was to transform these underpinnings
43 Ben Hassine, W. (2016a). Op. cit.
44 Ginsberg, J. (2017, 26 October). Targeting journalists in the name
of national security. Index on Censorship. www.indexoncensorship.
org/2017/10/targeting-journalists-name-national-security
45 SOPA/PIPA: Internet Blacklist Legislation, Electronic
Frontier Foundation. https://www.eff.org/issues/
coica-internet-censorship-and-copyright-bill
46 Jansen, N. (2013, 9 July). Advocates Keep Spotlight on Le Quoc
Quan. Global Voices. https://advox.globalvoices.org/2013/07/10/
advocates-keep-spotlight-on-le-quoc-quan
– the working definition of digital rights, the triangulated criteria for identifying relevant laws, and
the five-category structure – into a usable, adaptable research methodology and to launch the
research process.
Step 4: Concretising and implementing
the methodology
We had three main goals when developing the
research methodology and guidance. First, we
wanted it to be simple and accessible enough that
any researcher – even ones without legal research
experience – could use it. Second, we wanted it to
be flexible enough that it could be adapted by other initiatives around the world doing similar types
of work. Third, we wanted to be able to share this
methodology and a collection of user scenarios for
using the data with a technologist to develop a machine-readable data model that would undergird
future applications that make use of the data.
The implementation phase by and large demonstrated that the methodology successfully met our
goals of being rigorous enough to gain credibility
among users seeking verified legal information yet
flexible enough to be adapted to different jurisdictions and legal themes. There were challenges,
however, and for future applications, we have identified opportunities for further refinement in each
section below.
Creating data collection tools and guidance
For data collection, we created a multi-tab workbook in Google spreadsheets and individual folders
for each country on Google Drive. We then produced
two research guidance documents: ADRD Research
Guidance and ADRD File Management and File-Naming Formats. Both these documents are included in
the Resources section.
The data collection workbooks functioned as
an index for three key types of information: original laws, case law and draft law. Researchers were
asked to name the laws in the original language
and to upload the document to a corresponding
Google Drive folder – using the prescribed file-naming convention – and indicate the link to the law in
that folder. For each type of information, we also
asked for relevant translations. For laws and bills,
we asked researchers to identify the key provisions
that affect digital rights. For case law, we asked for
a summary of the impact of the decision on digital
rights. In addition to this key data, we also gathered
metadata such as dates, keywords and sources. The
workbooks also included a cover sheet with links
to the research guidance, a tab where researchers
14 / Unshackling Expression