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