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Sovereignty 2 0 By Anupam Chander And Haochen Sun

Bonisiwe Shabane
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sovereignty 2 0 by anupam chander and haochen sun

Anupam Chander, Georgetown University Haochen Sun, University of Hong Kong Digital sovereignty-the exercise of control over the internet-is the ambition of the world's leaders, from Australia to Zimbabwe, seen as a bulwark against both foreign states and foreign corporations. Governments have resoundingly answered first-generation internet law questions of who, if anyone, should regulate the internet. The answer: they all will. Governments now confront second-generation questions--not whether, but how to regulate the internet. This Article argues that digital sovereignty is simultaneously a necessary incident of democratic governance and democracy's dreaded antagonist.

As international law scholar Louis Henkin taught, sovereignty can insulate a government's worst ills from foreign intrusion. Assertions of digital sovereignty, in particular, are often double-edged--useful both to protect citizens and to control them. Digital sovereignty can magnify the government's powers by making legible behaviors that were previously invisible to the state. Thus, the same rule can be used to safeguard or repress-a feature that legislators across the Global North and South should anticipate through careful checks and balances. Anupam Chander and Haochen Sun, Sovereignty 2.0, 55 Vanderbilt Law Review 283 (2023) Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol55/iss2/2 Antitrust and Trade Regulation Commons, International Law Commons, Internet Law Commons

Home | About | FAQ | My Account | Accessibility Statement Co-authors: Haochen Sun & Anupam Chander Georgetown Law Faculty Publications and Other Works. 2404. University of Hong Kong Faculty of Law Research Paper No. 2021/041.

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. We now confront second generation questions—not whether, but how to regulate the internet. We argue that digital sovereignty is simultaneously a necessary incident of democratic governance and democracy’s dreaded antagonist. As international law scholar Louis Henkin taught us, sovereignty can insulate a government’s worst ills from foreign intrusion. Assertions of digital sovereignty, in particular, are often double-edged—useful both to protect citizens and to control them.

Digital sovereignty can magnify the government’s powers by making legible behaviors that were previously invisible to the state. Thus, the same rule can be used to safeguard or repress–a feature that legislators across the Global North and South should anticipate by careful checks and balances. Available at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3904949. Citation: Anupam Chander, Haochen Sun Sovereignty 2.0. Internet Archive Scholar (search for fulltext): Sovereignty 2.0 Wikidata (metadata): Q109796645 Download: https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=3422&context=facpub Tagged: Claims to be the "first comprehensive account of digital or data sovereignty" and surveys various ways states (China, US, EU, Global South) are asserting it.

Argues that digital sovereignty is not merely an extension of sovereignty needed to control corporations and competitor states, but is suited to hijacking by states to control their citizens. Digital sovereignty is new because it is: Historically "sovereign" is most often paired with "immunity"; provides examples of speech, privacy, and security controls being used to insulate the state or control citizens. Concludes that the power of both corporations and regulators must be regulated. Anupam Chander, Georgetown University Law CenterFollow Haochen Sun, University of Hong Kong Faculty of Law 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. We now confront second generation questions—not whether, but how to regulate the internet. We argue that digital sovereignty is simultaneously a necessary incident of democratic governance and democracy’s dreaded antagonist. As international law scholar Louis Henkin taught us, sovereignty can insulate a government’s worst ills from foreign intrusion. Assertions of digital sovereignty, in particular, are often double-edged—useful both to protect citizens and to control them. Digital sovereignty can magnify the government’s powers by making legible behaviors that were previously invisible to the state.

Thus, the same rule can be used to safeguard or repress--a feature that legislators across the Global North and South should anticipate by careful checks and balances. Chander, Anupam and Sun, Haochen, "Sovereignty 2.0" (2021). Georgetown Law Faculty Publications and Other Works. 2404. https://scholarship.law.georgetown.edu/facpub/2404 Computer Law Commons, Intellectual Property Law Commons, International Law Commons

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