Data Sovereignty: From the Digital Silk Road to the Return of the State
Data Sovereignty: From the Digital Silk Road to the Return of the State
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Abstract
Digital sovereignty—the exercise of control over the Internet—is the ambition of the world’s leaders, from Australia to Zimbabwe, a bulwark against both foreign state and foreign corporation. Governments have resoundingly answered first-generation Internet law questions of who if anyone should regulate the Internet—they all will. The second-generation question to confront is not whether, but how to regulate the Internet. This volume features new theoretical perspectives on digital sovereignty and explores cutting-edge issues associated with it. Drawing mainly on various theories concerning political economy, international law, human rights, and data protection, it presents thought-provoking ideas about the nature and scope of digital sovereignty. It also examines the extent to which new technological developments in sectors, such as artificial intelligence, e-commerce, and sharing economy, have posed challenges to assertion of digital sovereignty, and considers how to deal with such challenges. In particular, the volume discusses the promise and pitfalls of digital sovereignty in the process of trade liberalization, data localization, and human rights protection.
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Front Matter
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Introduction: Sovereignty 2.0
Anupam Chander andHaochen Sun
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Part I Retheorizing Digital Sovereignty
Frank Pasquale-
1
Two Visions for Data Governance: Territorial vs. Functional Sovereignty
Frank Pasquale
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2
A Starting Point for Re-thinking “Sovereignty” for the Online Environment
Dan Svantesson
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3
Digital Sovereignty as Double-Edged Sword
Anupam Chander andHaochen Sun
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4
From Data Subjects to Data Sovereigns: Addressing the Limits of Data Privacy in the Digital Era
Anne SY Cheung
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1
Two Visions for Data Governance: Territorial vs. Functional Sovereignty
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Part II Technology and Economic Institutions
Andrew Keane Woods-
5
Digital Sovereignty + Artificial Intelligence
Andrew Keane Woods
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6
Taobao, Federalism, and the Emergence of Law, Chinese Style
Lizhi Liu andBarry R. Weingast
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7
Leveling the Playing Field between Sharing Platforms and Industry Incumbents: Good Regulatory Practices?
Shin-yi Peng
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8
The Emergence of Financial Data Governance and the Challenge of Financial Data Sovereignty
Giuliano G. Castellano and others
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5
Digital Sovereignty + Artificial Intelligence
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Part III Trade Regulation
Henry Gao -
Part IV Data Localization
Graham Greenleaf
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