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Designing International Economic Data Law

Published online by Cambridge University Press:  03 March 2022

Thomas Streinz
Thomas Streinz*
Affiliation:
Adjunct Professor of Law and Executive Director of Guarini Global Law & Tech at New York University School of Law. While the views expressed in this Article are personal, my thinking about these issues has been heavily influenced by the Institute for International Law & Justice's MegaReg project with Benedict Kingsbury, Paul Mertenskötter, and Richard B. Stewart (www.iilj.org/megareg) and Guarini Global Law & Tech's Global Data Law project (www.guariniglobal.org/global-data-law) with Angelina Fisher and Benedict Kingsbury.
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Extract

For a second year in a row, the American Society of International Law had to convene an all virtual annual meeting because the COVID-19 pandemic made international travel and gathering in cavernous ballrooms impossible. I had the pleasure of chairing a pre-recorded panel on the rise of restrictions on data flows and digital technologies, which featured a stellar cast of experts distributed across three continents and time zones. This panel depended on the digital infrastructure provided by a private videoconferencing company on top of the public infrastructure of interconnectivity that the internet has supplied for more than three decades. As the pandemic forced people around the world into lockdowns—albeit asynchronously and unevenly—it further mainstreamed the use of communications platforms for everyday interactions, whether public or private, whether for business or leisure.

Type
The Rise of Restrictions on Data Flows and Digital Technologies: National Security, Human Rights, or Geo-Economics?
Information
Proceedings of the ASIL Annual Meeting , Volume 115 , 2021 , pp. 73 - 78
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press on behalf of The American Society of International Law.

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Footnotes

This panel was convened at 12:30 p.m., Wednesday, March 24, 2021, by its moderator Thomas Streinz of Guarini Global Law & Tech, who introduced the panelists: Sarah Bauerle Danzman of Indiana University Bloomington; Yan Luo of Covington & Burling LLP; Maria Martin-Prat of the European Commission Directorate General for Trade; and George Mina, Australian Representative to the World Trade Organization.

References

1 The recording is publicly available on YouTube (May 26, 2021) at https://www.youtube.com/watch?v=xWN52rmDH8M&t=1s.

2 Julie E. Cohen, Between Truth and Power: The Legal Constructions of Informational Capitalism (2019).

3 Angelina Fisher & Thomas Streinz, Confronting Data Inequality (IILJ Working Paper 2021/1), at https://ssrn.com/abstract_id=3825724.

4 Yasmin Ismail, E-commerce in the World Trade Organization: History and Latest Developments in the Negotiations Under the Joint Statement, Int'l Inst. Sustainable Dev. 14 (Jan. 2020).

5 Shin-yi Peng, Ching-Fu Lin & Thomas Streinz, Artificial Intelligence and International Economic Law: A Research and Policy Agenda, in Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration 1, 18 (2021).

6 See, e.g., Trans-Pacific Partnership, Arts. 14.11, 14.13.

7 Thomas Streinz, Data Governance in International Economic Law: Non-territoriality of Data and Multi-nationality of Corporations (manuscript on file with author).

8 Thomas Streinz, Digital Megaregulation Uncontested? TPP's Model for the Global Digital Economy, in Megaregulation Contested: Global Economic Ordering After TPP 312 (Benedict Kingsbury, et al. eds., 2019).

9 Regulation (EU) 2016/679 (General Data Protection Regulation), OJ L 119/1, ch. V (May 5, 2016).

10 EU Charter of Fundamental Rights, Arts. 7–8.

11 The template is available at https://perma.cc/9R6Z-T7XW.

12 EU-UK Trade and Cooperation Agreement, Art. 202.

13 See, e.g., Protocol to Upgrade the Free Trade Agreement Between the Government of the People's Republic of China and the Government of the Republic of Singapore, App. 6, new ch. 15.

14 Thomas Streinz, RCEP's Contribution to Global Data Governance, AfronomicsLaw (Feb. 19, 2021), available at https://perma.cc/HQJ4-QN42.

15 See Regional and Comprehensive Economic Partnership, Arts. 12.14, 12.15.

16 Henry Gao, Across the Great Wall: E-commerce Joint Statement Initiative Negotiation and China, in Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration 295, 310 (Shin-yi Peng, Ching-Fu Lin & Thomas Streinz eds., 2021).

17 See, e.g., Susan Aariel Aaronson & Patrick Leblond, Another Digital Divide: The Rise of Data Realms and its Implications for the WTO, 21 J. Int'l Econ. L. 245 (2018).

18 See also Sarah Bauerle Danzman, National Security, Investment Review, and Sensitive Data, 115 ASIL Proc. __ (2021).

19 Matthew S. Erie & Thomas Streinz, The Beijing Effect: China's “Digital Silk Road” as Transnational Data Governance, 54 N.Y.U J. Int'l L. & Pol. __ (forthcoming 2021), available at https://ssrn.com/abstract=3810256.

20 WTO General Council, The Legal Status of “Joint Statement Initiatives” and Their Negotiated Outcomes, WTO Doc. WT/GC/W/819 (Feb. 19, 2021).

21 Anu Bradford, The Brussels Effect: How the European Union Rules the World, ch. 5 (2020).