ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

contractual governance, this can have far reaching
consequences. Algorithms by themselves do not respect
constitutions or human rights; they do not know
the concept of (anti)discrimination.
This is especially relevant in a cross-border context,
as it is already difficult to know how these governance
algorithms affect your immediate (socio-legal) environment
but even harder if the global, cross-border
context is taken into account.
This paper describes the current practice in implementing
“smart contracts” in blockchain environments,
as well as presenting potential alternative approaches.
With regard to current practice and different approaches,
it is then evaluated if there is a difference between
these different approaches with regard to taking account
of otherness and cross-border differences. Finally,
an outlook towards potential further research is
done, leading to a normative part to be drawn from the
lessons of the analysis.
that might breach the right to privacy and other human
rights. Due to the interconnected nature of the Internet,
individuals and groups not specifically targeted by a
cyber operation might see their human rights violated
by this operation.
The present contribution develops a comprehensive
overview on how the various forms of statesponsored
cyber operations might breach the right to
privacy and other human rights. One of the objective is
to demonstrate that even if the right to privacy is mainly
threatened by cyber espionage, the impact on human
rights of other forms of cyber operations should not
be underestimated.
Sanjay Jain: Enabling the information communication
technology: Constitutionalising the right
of accessibility of disabled persons in India
Unless societies embrace principles of accessibility
and universal design across all sectors, including
Information and Communication Technology (ICT), the
normative goal of full participation and social inclusion
of disabled persons is merely a distant dream. This is
true for all States, including India. Examining accessibility
for disabled persons in India reveals a strange
paradox. On the one hand, India is making headway
generally in the arena of science and technology, including
the development, dissemination, and use of
ICTs. At the same time, little progress has been made in
the evolution of accessible and enabling environments
for disabled persons. This paper surveys the status of
disabled persons and their access to ICT in India, assesses
progress undertaken by the Indian government
and the private sector, and considers future avenues for
improvements in the sector. It is divided into 3 sections,
Relationship of Disability and Technology, International
normative regime of accessibility as right and India’s
Legal Landscape.
François Delerue: State-sponsored cyber
operations and human rights
In 2013, the public exposure of the mass surveillance
programs conducted by the USA’s NSA and the
UK’s GCHQ in cooperation with Australia, Canada
and New Zealand, shined the spotlight on espionage
practice in the cyber age. International organizations,
States, NGOs and academics expressed their concerns
about the violation of international law and human
rights law committed through these programs.
The bulk collection of data for mass surveillance or
espionage targeting specific individuals might clearly
violate the right of privacy of the concerned person.
Cyber espionage is however not the only one form of
state-conducted or state-sponsored cyber conducts
Concurring panels 149