No 58 1 January 2025 Vanderbilt Journal Of Transnational Law

Bonisiwe Shabane

-Dec 28, 2025, 5:02 PM

no 58 1 january 2025 vanderbilt journal of transnational law

Full content is available for members only Established in 1967, the Vanderbilt Journal of Transnational Law is one of the world’s most prominent and widely cited legal journals devoted to current and emerging issues of comparative and international law. Home | About | FAQ | My Account | Accessibility Statement In the contemporary digital age, humanity confronts an unprecedented paradox: technologies designed to connect, empower, and improve lives simultaneously threaten fundamental human autonomy and privacy. The exponential growth of data collection, increasingly sophisticated surveillance infrastructures, and the erosion of privacy boundaries represent one of the defining challenges of the 21st century. As technological innovation has outpaced legal protections and ethical frameworks, society finds itself navigating treacherous terrain where convenience is exchanged for surveillance, and personal autonomy is traded for digital services.

This essay examines the multifaceted technological dilemma at the intersection of data collection, surveillance systems, and privacy rights, exploring the mechanisms of control, the implications for democratic societies, and potential pathways toward balancing innovation... The Architecture of Surveillance Capitalism The contemporary data economy operates on what Harvard professor Shoshana Zuboff terms "surveillance capitalism"—a system wherein human experience becomes free raw material for behavioral data extraction, analysis, and monetization. This economic model, pioneered by technology giants like Google and Facebook, fundamentally differs from traditional capitalism in that it preys on dependent populations who are neither its consumers nor employees, and who largely remain... At the heart of surveillance capitalism lies a three-stage process: behavioral data extraction, transformation into prediction products, and trading on behavioral futures markets. Companies systematically claim "all human experience as free raw material for translation into behavioral data," which they then analyze to predict and influence future behavior.

This data collection occurs through both active means—where users consciously provide information—and passive means, whereby products are instrumented to gather information without explicit user knowledge. Google alone collects data through its dominant Chrome browser, Android operating system, Search engine, YouTube, Gmail, and Maps—each with over one billion monthly active users.[7][6][4] The scope of data collection extends far beyond what most users comprehend. According to the Electronic Frontier Foundation, more than 70 percent of websites track users' browsing habits, collecting data on everything from search history to physical location. This pervasive surveillance enables companies to create detailed profiles that can reveal intimate information about individuals' interests, political beliefs, psychological states, and even predict future behaviors with alarming accuracy. Data brokers further amplify this ecosystem by buying, reinterpreting, repackaging, and selling consumer data across contexts, creating an environment where individuals are "constantly surveyed and evaluated, investigated and examined, categorised and grouped, rated and...

Matin Pedram, Siena Chandler, Eugenia Georgiades Research output: Contribution to journal › Article › Research Research output: Contribution to journal › Article › Research T1 - When Open-Source Information Backfires: Satellite Imagery and Privacy Breaches N2 - Open-source intelligence increasingly relies on new technologies to collect, process, and analyze open-source information. The enhancement of satellite imagery capabilities aligns with this goal, providing valuable data from hidden areas that are not easily recognizable.

Giving more room to the private sector to invest and innovate in the satellite imaging industry results in remarkable achievements in the size of satellites, the quality of images, pricing, and accessibility of data. High- resolution images and potential live videos of the Earth can foster non-state open-source investigations, resulting in a multiplicity of narratives, where public interest exists. Nonetheless, privacy concerns should not be overshadowed by technological developments. The possible clashes between privacy and satellite imagery might be exacerbated if high-resolution images become widespread and the number of commercial satellite operators multiplies in territories with varying privacy laws. This Article considers privacy laws in Australia, the European Union, and the United States to examine to what extent these legal systems can minimize privacy breaches. It is contended that reasonable expectations of privacy can be an effective test to curb the publication of images infringing on individual privacy.

Tamar Giladi Shtub (U Haifa Law) and Michal Gal (U Haifa Law) have posted “Data Without Borders: International Effects of Data Flow Regulation” (Forthcoming, Vanderbilt Journal of Transnational Law (2025)) on SSRN. Here is the abstract: Data has no inherent jurisdictional boundaries, and cross-border data and data-based-information transfers can significantly affect national and global welfare. Accordingly, local data flow regulation in one jurisdiction may create intended or unforeseen externalities in other jurisdictions. This article examines the complex challenges and implications of national regulation on data flows in an increasingly interconnected world. Given the pivotal role of data in our economies and societies, it is essential that governments recognize such externalities and take measures to ensure that an efficient balance is reached between the relevant considerations,...

To illustrate such cross-border effects, we analyze two contrasting case studies: China’s data localization requirements and the European Union’s Data Act of 2023, which facilitates data sharing. Through these examples, we demonstrate how local regulation can create externalities that ripple across the global digital landscape. The analysis highlights the inadequacy of current international frameworks in addressing the complexities of data flows. Our findings underscore the urgent need for increased international cooperation on data governance frameworks, as unilateral actions risk fragmenting the global digital landscape and limiting the welfare-enhancing potential of data synergies. We contend that countries, particularly the United States, are missing crucial opportunities by delaying engagement in shaping international data flow policies. By highlighting the complex interplay between local data flow policies and global effects, the article provides a foundation for governments to take a more proactive role in shaping welfare-enhancing frameworks for international data flows.

No 58 1 January 2025 Vanderbilt Journal Of Transnational Law

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