This chapter examines the extent to and the basis on which human rights treaties apply extraterritorially to state surveillance and cyber operations. The chapter outlines how the traditional models of extraterritorial application, the spatial and the personal, apply to surveillance and cyber operations, examining older case law in that regard. It then looks at recent developments that are particularly important in the surveillance and cyber context, even if some of them are not directly apposite: a judgement of the UK Investigatory Powers Tribunal, the advisory opinion of the Inter-American Court on the environment and human rights, the Human Rights Committee’s General Comment on the right to life and the judgement of the Federal Constitutional Court of Germany on the applicability of the Basic Law to surveillance operations abroad. The chapter then finally offers some concluding thoughts on the direction towards which the legal position is likely to evolve.
by Marko Milanovic, in The Routledge Handbook on Extraterritorial Human Rights Obligations.