Being able to release this data on Silk in a publicly usable format established proof of concept for the datasets and their utility. Equally important, it helped SMEX secure funding to further refine the data collection methodology and expand the scope of its application from the Arab region to similar initiatives worldwide, as APC-IMPACT has done with its research on the criminalisation of online speech in six countries in South Asia and Southeast Asia. Furthermore, it helped lay the groundwork for the transformation of the methodology into a shared technical standard whose adoption would not only facilitate free and open access to digital rights law and case law in countries worldwide, but also enable the combination of legal source data with other datasets, comparative analysis between jurisdictions, and the charting of global trends in digital rights. The SMEX methodology was adapted for use in this report, Unshackling Expression. Grounded, global and adaptable Between August 2016 and July 2017, SMEX, working with legal adviser Nani Jansen and technology adviser Seamus Tuohy and a cohort of legal researchers, designed, tested and transformed a methodology to map, organise and make available digital rights-related laws. The result is the third version of the ADRD,11 which now includes more than 240 laws and, where possible, their translations; relevant articles of law; bills; and case law. In this phase of the project, the aim was not only to expand the ADRD but also to build on earlier, crowdsourced phases of development to produce criteria and a process for collection of law and case law that were 1) rigorous enough to gain credibility among human rights researchers and legal professionals, and 2) flexible enough to be adapted by civil society actors around the world, and particularly in the global South, for multiple purposes across multiple channels. To achieve this, SMEX mapped out a multi-step process that began with soliciting feedback from about a dozen current and potential users of the dataset to better understand their wants and needs. Then, we aimed to ground the methodology in current digital rights definitions and legal practice, reviewing influential literature and initiatives, including rights charters and analysis; UN resolutions and reports by special rapporteurs; and analogous law aggregation projects such as the Centre for Law 11 It is not yet public, pending expert review of the data. and Democracy’s Global RTI Rating12 and Graham Greenleaf’s Global Tables of Data Privacy Laws and Bills.13 Meanwhile, our discovery of the decades-old Free Access to Law Movement14 and the many online legal information institutes (LIIs) it has spurred around the world helped anchor our project to a broader context in which “ready access to law is a human right.”15 Next, we triangulated several approaches to setting criteria for the inclusion of specific laws and related documents – this time including articles, bills and case law – in the dataset, as well as establishing a five-category framework that would help both expert and non-expert researchers locate them. Once we had a strong rationale for the inclusion of legislation and/or case law in the dataset, we recruited and trained a team of a dozen legal researchers to identify relevant legislation from the 22 countries of the Arab League and code the results in a country-specific research workbook. This information will eventually be transformed into a web- and API-accessible database that anyone can access. Below we explain how the underpinnings of the refined methodology evolved with each step. We also detail the implementation of the methodology, including logistical stumbling blocks that we hope other adopters will avoid, and note recommendations for improvement. Finally, we share our plans for further development and solicit feedback. The Resources section at the end of this chapter makes available the current methodology and research guidance. Developing the methodology: Step by step Step 1: Taking stock: Stakeholder interviews inform the methodology In October 2016, we conducted more than a dozen interviews with users of the Silk-hosted dataset. Users came both from within the Arab region and beyond and included human rights lawyers, researchers at advocacy organisations, experts in business and human rights, technologists, journalists, as well as a policy director and legal counsel at a global social media platform. During these interviews, we asked stakeholders what they currently 12 www.rti-rating.org 13 Greenleaf, G. (2015). Global Tables of Data Privacy Laws and Bills (4th edition, January 2015). https://ssrn.com/abstract=2603502 14 www.fatlm.org 15 Jamar, S. D. (2001). The Human Right of Access to Legal Information: Using Technology to Advance Transparency and the Rule of Law. Global Jurist Topics, 1(2), 1-14. https://ssrn.com/ abstract=1148802 8 / Unshackling Expression

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