David Kaye (lawyer)

David A. Kaye, May 2015

David A. Kaye (born August 20, 1968 in Los Angeles , California ) is an American legal scholar who has been the United Nations Special Rapporteur on Freedom of Expression since August 2014 . He is a Clinical Professor of International , Human and International Criminal Law at the University of California, Irvine .

Career

From 1988 to 1989 he studied at the Hebrew University of Jerusalem . He graduated from the UC Berkeley School of Law at the University of California , Berkeley in 1990 . He is a member of Phi Beta Kappa .

During the first half of 1992, he served as the International Bureau of Human Rights Special Correspondent for studying, analyzing and reporting the effects of the changing political system in the former Soviet Union in Moscow, Dushanbe, Almaty, Bishkek and Tashkent compared to the previous government .

In 1995 he was awarded Are There Limits to Military Alliance? Presidential Power to Place American Troops under NonAmerican Commander for Doctor of Law at Boalt Hall School of Law, University of California, Berkeley , PhD.

From 1995 he worked as a lawyer in a law firm. In 2001, he served as Legal Advisor to the State Department's Special Assistant for a year. From 2002 to 2005 he was General Cousel (Head of Legal) at the United States Embassy in The Hague .

At the same time, he became an Associate Professor at the Law Center Law School of Georgetown University in 2002 and headed the International Humanitarian Law Seminar. From fall 2005 to summer 2007 he was visiting professor at the Costa Mesa Witter Law School in Orange County, California .

In the summer of 2012, he taught international human rights and humanitarian law at the University of California, Irvine .

He is married to Dalia Dassa Kaye (born June 1, 1968 ).

Quote

"Finally, I am concerned at the possibility that users claiming a violation would be entitled to be given access to subscriber data without prior court approval. The protection of anonymity, including protection against unlawful and arbitrary interference by state or non-state actors, plays a critical role in securing the right to freedom of opinion and expression. The absence of a judicial warrant for the disclosure of individual information would represent a restriction that is neither targeted nor protecting of due process rights, and it would therefore notmeet the strict test required for restrictions on privacy and expression (A / HRC / 29/32 ). "

“Finally, I am concerned about the possibility that users who claim a breach may be entitled to access to subscriber data without prior legal approval. The protection of anonymity, including protection against unlawful and arbitrary interference by state or non-state actors, plays a crucial role in safeguarding the right to freedom of expression and expression. The lack of a court order to disclose individual information would constitute a restriction that is neither targeted nor protects the rights of due process, and therefore would not meet the rigorous test required for privacy and expression restrictions (A / HRC / 29/32). "

- From the statement on the Network Enforcement Act

Publications

• United Nations Military Forces: The UN Charter and the United States Constitution , with Elissa C. Lichtenstein, Penelope S. Ferreira, 1994
• The Second Review Conference of the 1980 Convention on Certain Conventional Weapons , with Steven A. Solomon, AJIL 96, 2002, pp. 922-936.
• Justice Beyond the Hague: Supporting the Prosecution of International Crimes in National Courts , 2011
• Speech Police: The Global Struggle to Govern the Internet , Columbia Global Reports, June 3, 2019

Web links

Commons : David Kaye (law professor)  - collection of pictures, videos and audio files

• David Kaye: European CV . December 2017 ( freedex.org [PDF]).

Individual evidence

1. ^ David Kaye: Are There Limits to Military Alliance-Presidential Power to Place American Troops Under Non-American Commanders . In: Transnational Law & Contemporary Problems . tape 5 , 1995, p. 399 ( heinonline.org [accessed April 13, 2020]).
2. ↑ OHCHR | Biography of the Special Rapporteur on freedom of opinion and expression. Retrieved April 13, 2020 . 
3. ^ Mo Jazi: How a Westlake High School grad became UN human rights expert (en) . In: Ventura County Star . 
4. ↑ Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression . In: UN Human Rights Council . U.N.
5. ^ David Kaye: Clinical Professor of Law . UC Irvine.
6. ↑ Visiting professor helps UCLA bolster its expertise on contemporary Iran. Retrieved April 13, 2020 . 
7. ↑ Mandate of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expressionREFERENCE: OL DEU 1 / 20171June2017 [1]
8. ^ Justice Beyond the Hague: Supporting the Prosecution of International Crimes in National Courts, [2] [3]
9. ↑ Speech Police, David Kaye, United Nations special rapporteur on freedom of opinion and expression, talked about policing free speech on the internet. [4]

Remarks

1. ↑ A clinical professor, also known as a professor of practice, is an academic appointment from a professional who is affiliated with a university and is responsible for the practical instruction of interns and doctoral students .

predecessor	Office	successor
Frank William La Rue	UN Special Rapporteur on Freedom of Expression August 2014