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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

Author: Anupam Chander; Haochen Sun
Publisher: Oxford University Press
ISBN: 9780197582794
Published In: February 2024
Format: Hardback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

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Who, if anyone, should regulate the internet? Governments around the world have answered this question robustly: they will. Digital sovereignty - the exercise of control over the internet - is the ambition of world leaders as a natural extension of traditional sovereignty and as a bulwark against the reach of foreign power. The question posed to governments now is not who should regulate the internet, but how should it be done.

Data Sovereignty: From the Digital Silk Road to the Return of the State focuses on the question of territorial control over data flows and attempts by national and regional governments to place limits on the free movement of data across a global internet. Drawing on theories in political economy, international law, human rights, and data protection, this volume offers new theoretical perspectives and thought-provoking ideas about the nature and scope of digital sovereignty. It examines the extent to which new technologies, such as artificial intelligence, robotics, and automation, pose challenges to digital sovereignty and how those challenges might be addressed. In chapters that are both descriptively comprehensive and analytically rich, the book explains the national, regional, and international legal frameworks for regulating the digital economy.

Professors Anupam Chander and Haochen Sun have assembled a distinguished team of experts across multiple fields to address the promise and pitfalls of digital sovereignty in the context of trade liberalization, data localization, and human rights protection. In a world that is still grappling with the scope of the internet, Data Sovereignty offers a timely and thorough investigation of the ongoing conflict between the state and the internet.

Introduction: Sovereignty 2.0

Part I: Retheorizing Digital Sovereignty

Chapter 1: Two Visions for Data Governance: Territorial vs. Functional Sovereignty

Chapter 2: A Starting Point for Re-thinking 'Sovereignty' for the Online Environment

Chapter 3: Digital Sovereignty as Double-Edged Sword

Chapter 4: From Data Subjects to Data Sovereigns: Addressing the Limits of Data Privacy in the Digital Era

Part II: Technology and Economic Institutions

Chapter 5: Digital Sovereignty + Artificial Intelligence

Chapter 6: Taobao, Federalism, and the Emergence of Law, Chinese Style

Chapter 7: Levelling the Playing Field between Sharing Platforms and Industry Incumbents: Good Regulatory Practices?

Chapter 8: The Emergence of Financial Data Governance and the Challenge of Financial Data Sovereignty

Part III: Trade Regulation

Chapter 9: Data Sovereignty and Trade Agreements: Three Digital Kingdoms

Chapter 10: Data Governance and Digital Trade in India: Losing Sight of the Forest for the Trees?

Chapter 11: Creating Data Flow Rules through Preferential Trade Agreements

Part IV: Data Localization

Chapter 12: Personal Data Localisation and Sovereignty Along Asia's New Silk Roads

Chapter 13: Building Human Rights Framework on Data Localization: Lessons from Internet Shutdown Jurisprudence

Chapter 14: European Digital Sovereignty, Data Protection and the Push Towards Data Localisation

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