Converging Dual-Use Export Control with Human Rights Norms: The EU's Responses to Digital Surveillance Exports

Abstract

Machiko Kanetake This chapter is based on the following publication by the author: ‘The EU’s Dual-Use Export Control and Human Rights Risks: The Case of Cyber Surveillance Technology’ (2019) 3 Europe and the World: A Law Review 1. Demand for digital surveillance technology has created a thriving market on a global scale. In his UN report entitled ‘Surveillance and Human Rights’ in May 2019, David Kaye, the Human Rights Council’s Special Rapporteur on the freedom of opinion and expression, expressed serious concerns about the status of ‘surveillance exports’. In the report, the UN’s Special Rapporteur made it clear that digital surveillance is ‘no longer the preserve of countries’ that have the ‘in-house’ resources to conduct mass and targeted surveillance. The market of surveillance technology has developed globally in order to allow a wide range of governments to make use of advanced digital surveillance. Privacy International, one of the human rights...