Fun to see our book out of stock at
@OUPLaw
! Yes, folks are interested in data sovereignty! (But can still download for free here: ) With
@haochensun
.
Some local news. Honored to receive this endowed chair at
@GeorgetownLaw
. And a richly-deserved endowed chair for
@MadhaviSunder
, who, I am told, is also Queen of the Andals and the First Men.
@GtownTechLaw
The recent Yale Law School dust up reminds me of a similar controversy when I was an undergrad some decades ago and a group invited an official from the Nation of Islam to speak at YLS. 1/
Book cover unveil -- Data Sovereignty: From the Digital Silk Road to the Return of the State -- forthcoming this fall
@OUPAcademic
! Edited with
@haochensun
& including a host of great authors. We worked hard on a visualization for 'data sovereignty'--and the designers killed it!
The largest data protection fine in EU history stems from the transfer of data across borders--to the US--with no showing of any ongoing access by impermissible third parties (such as the NSA) beyond that in Snowden disclosures or any deceptive use of information by Meta. 1/
I try to make sense of the puzzle of digital sovereignty (or data sovereignty) in a new paper with Haochen Sun, "Sovereignty 2.0." Why is it both necessary and terrifying? Full of fun examples from across the world. 1/2 Download
@SSRN
Add Georgetown University (including law school) to list of schools going virtual. Luckily, we are pretty familiar with Zoom because Washington D.C. can't manage 1 inch of snow.
Oxford Univ. Press will release our book, Data Sovereignty: From the Digital Silk Road to the Return of the State next month, but you can read the intro for free already via Amazon: (with
@haochensun
)
@larabazelon
@at_dc
50 Criminal Justice Reform Accomplishments by Kamala Harris: . I wonder if the other candidates can claim similar achievements. 1/2
Delighted to spend a year back in Cambridge, MA this coming year with
@BKCHarvard
's Institute for Rebooting Social Media! I'll be working on the problem of how to regulate foreign social media in the context of national security.
@BKCHarvard
’s Institute for Rebooting Social Media is thrilled to announce its Visiting Scholars cohort for the upcoming 2023-2024 academic year.
Learn more about the Institute and this year's cohort🧵
Giving a keynote speech in the Victor Hugo auditorium in the National Assembly in Paris was truly an honor! Au revoir, Paris! Merci beaucoup,
@SciencesPo
for the invitation.
Delighted to be working with the great students of the
@UChiLRev
to publish
@paulmschwartz
and my article "Privacy and/or Trade"! The article worries that our current global privacy/trade system disadvantages the Global South. 1/
@SSRN
As I predicted yesterday after watching the hearing, Judge Beeler enjoins Trump's 1st WeChat Executive Order--the one relying on IEEPA. I've said all along that courts will not rubber stamp Trump, despite nat'l security assertions.
Let me add to this rapturous moment for
@GeorgetownLaw
and Washington D.C. to announce that the phenomenal
@gregorycshaffer
is joining us, making one of the most formidable international economic law faculties in the world!
I have sheer joy to announce the incomparable
@michelebgoodwin
will join the
@GeorgetownLaw
faculty & partner with me to lead
@oneillinstitute
. My dear friend Michele cares passionately about the Institute's mission of global health & justice. She's simply amazing.
I am so happy!
Okay, who is buying our book, Data Sovereignty? It's a $140 on Amazon! For goodness sakes, just download the free version at the Oxford University Press website by clicking "Open Access" link.
Let me make this clear: Every company--every news organization, and every NGO as well-- that operates across borders within Europe and beyond--including European companies that rely on companies outside Europe--are implicated by this decision. 16/
Congratulations to my beautiful wife,
@MadhaviSunder
, for her election to the
@AmLawInst
! So glad that she will be able to contribute to the great work of the ALI!
The American Law Institute has elected new members who will bring their expertise to the Institute's work of clarifying the law through Restatements, Principles, and Model Codes.
Publication Day! 🖨️🥂 "Privacy and/or Trade," out with
@UChiLRev
. Forever indebted to my legendary coauthor,
@paulmschwartz
, who helped define the field of privacy law. And brilliant and hard-working students of
@UChiLRev
for their diligence and care. 🙏🏾
Pete has been thoroughly tested on a national stage. And he earned the admiration of many. I like all of the top candidates, and will support them, but Pete looks to me like the best choice to both win and govern.
Politico article on “Pete for Veep” suggests concerns that he may be unpalatable to swing voters, but he has a strong net favorable rating, did well in rural counties in Iowa.
He’s the best on TV, most thoroughly vetted, and the ultimate Mr Normal.
These are amazing scholars, but astonishing that only one woman (the incredible
@daniellecitron
) and one person of color (my wonderful colleague
@paulohm
) on list. No women of color. 🚫👩🏽🏫 1/
Top 10 Most-Cited Law & Technology Scholars, via
@BrianLeiter
, with
@DanielSolove
and
@daniellecitron
leading the way. And fitting that everyone listed is on Twitter, too, not enough characters to list them all. :)
Gonzalez v. Google amicus briefs are pouring in! Our Internet Law Scholars amicus brief is in--with some of the nation's leading internet law scholars arguing that Section 230 covers automated recommendations. 1/
*Global tech law experts*: I'm finalizing my syllabus for my Global Tech Law seminar at Georgetown--and would appreciate any *recent tech cases/laws (outside U.S.)* that I should consider covering. Thanks in advance! 🙏🏾
Authors, this is how it's done.
@ma_franks
subtly adds a 5% cut from Amazon's retail price in favor of your designated charity by linking the Smile.Amazon version link to her book. Will try to follow her lead in future. (Also, buy her book!)
Humbled to be joining the eminent law faculty at Georgetown. "Titan" not so much, esp. evident when the story mentions my first computer language--BASIC. Looking forward to working on
#Tech4Good
in Washington, D.C. and across the world.
We’re excited to welcome four new distinguished scholars to our fulltime faculty. Get to know IP pioneer Madhavi Sunder, legal historian Kevin Arlyck, tech titan
@AnupamChander
, and leadership pro Hillary Sale:
#georgetownlaw
The 5th Circuit opinion in NetChoice v. Paxton oddly rewrites Section 230. Section 230(c)(2), it says, permits a platform to remove "obscene, excessively violent, or *similarly* objectionable expression." 1/
I still don't understand how this Sen. Sanders position is "progressive"--do not trade with countries where workers make less than they do in the United States. That's literally saying that it is wrong to employ poorer people to do jobs.
Bernie: "If anybody here thinks that corporate America gives one damn about the average American worker, you're mistaken. If they can save five cents by going to China, Mexico, or Vietnam, or anyplace else, that's exactly what they will do."
If this is the real reason for the TikTok ban, then this is content-based censorship that seems impossible to justify under strict scrutiny, even with conjectural national security arguments.
Blinken and Romney explain that congress's banning of TikTok was spurred by the desire to protect
#Israel
from the horrifying Gaza photos reaching America's youth that have been "changing the narrative."
Excited to share a new paper with the great
@paulmschwartz
on a critical issue for both international economic law and human rights: Privacy and/or Trade
@SSRN
.
@GtownTechLaw
1/
The new shield of Harvard Law School, replacing the Royal family shield that HLS had adopted. The Royal family were slaveholders, so this is a welcome change.
Interested in 60 pages on GDPR v CCPA?
@MargotKaminski
@BillMcGev
and I have a new paper, Catalyzing Privacy Law. We show that the CCPA has emerged as a regulatory catalyst, and California (once again) as a regulatory superpower.
Comments welcome!
No one: Anupam, what do you think of the Trump decision?
Anupam: A 🧵 on the Facebook Oversight Board decision, what I call “Trump I.” It includes a prediction of what Facebook will do—so you can tell me I’m wrong at the end of the year! 1/
This situation is why
@paulmschwartz
and I wrote Privacy and/or Trade, just published in the
@UChiLRev
. Privacy law, as it is currently constructed, can make trade nearly impossible. 2/
I can't help but wonder if we wouldn't be receiving NY Times push alerts about a terrorist attack, if the religion of the victims/attacker were inverted.
A pickup truck ran over a
#Pakistani
Canadian family of five that was walking in London, Ontario, killing four, on Sunday in what police are now calling an
#Islamophobic
hate crime.
#londonontario
Today, some of the nation's leading internet law professors wrote an open letter to Congress observing that the American Innovation and Choice Online bill, in current form, will have negative implications for hate speech and disinformation. 1/
New paper
@SSRN
! We know that EU tech law has carried a Brussels Effect 🇪🇺🌍, both de facto and de jure. My new paper, for
@BerkeleyTechLJ
symposium, anticipates when aspects of the EU's Digital Services Act are adopted in authoritarian countries.
Trump and DeSantis — the two GOP frontrunners for 2024 — are both entirely devoted to this "invasion" trope, showing how thoroughly it has captured the GOP. Democrats can't let this go unanswered. 2/
This media framing is consistent ... and wrong. Many of the nation's leading legal scholars raised critical questions about the hate speech and disinformation that these bills would empower. 1/
NEW: How a massive lobbying campaign by Amazon, Apple, Google and Meta killed a bipartisan effort to rein in the country’s largest technology companies. Based on interviews with 45 people close to the process.
@larabazelon
@at_dc
It seems relatively easy to find some cases where the state (rightly) lost among the many thousands that were prosecuted. I wonder if any state AG could survive that standard. 2/2
Dr. Muhammad had brought with him his own security team. And one of them--on the floor--saw me holding up my sign. I made eye contact with him and kept holding my sign up. 5/
Internet Law Scholars: Just worked with a great team of folks to draft an amicus in Gonzalez v. Google, arguing that Section 230 covers recommendation algorithms, both by text and purpose. If you'd like to see a copy for possible sign-on, please email me at ac1931
@georgetown
...
Again, this is not a case about Meta--any organization, large or small, that transfers data outside the EU to almost any country faces the risk that an EU data protection authority will conclude that national security law of that third country is inadequately protective. 13/
I joined the protestors who lined the hall outside. I held a sign (that somebody had written, not me--I wish I could take credit) that read "Anti-Semitism doesn't only hurt Jewish people." 2/
They are trying to bully me for pointing out that a bill that is in their economic interest is harmful to minorities, women, and LGTBQ persons. Rather than engage on substance, they are attacking me for receiving Google funding for a public interest fellow.
This is not just large American companies--but NGOs, academic institutions, researchers, etc. Right now, medical research is being stopped because of these concerns. 14/
Sketching our next article together on a
@GeorgetownLaw
bench. Could not be happier to collaborate again with the legendary
@paulmschwartz
, best known, I believe, for his encyclopedic rock n roll knowledge.
My op-ed in the
@washingtonpost
on President Trump's election eve threat to ban a speech platform popular with his critics, including the inimitable
@sarahcpr
and ticked-off teens. 1/
Was not expecting a Tamil word to be used in the biggest speech of Senator Harris's life--but wow: "Chitti" (mother's younger sister). Amazing. That is a vote of confidence in the American people.
When Dr. Muhammad (who had been invited to speak on the wrongs of the drug war) began making horrific claims about Jewish people and the origins of AIDS in South Africa, I held up my sign. 4/
A few years ago, I described the emergence of a world of work increasingly conducted online. I asked how we regulate the companies that operate from the U.S., China, India, and even the Caribbean. The entire book is now available for free online: 1/2
In case it's helpful to other professors teaching technology law, here's my syllabus for the Global Tech Law seminar this term at Georgetown: . Also, take a look at
@t_streinz
's great course on similar subject matter. Super fun class to teach!
This is really an astonishing threat: government punishment through intellectual property and antitrust targeted at corporations that do not support a particular political agenda.
Ingraham: When Republicans get back into power, Apple and Disney have to understand one thing: Everything will be on the table, your copyright/trademark protection, your special status in certain states, and even your corporate structure itself…
My key takeaway re:
#TikTokBan
--next time reporters shouldn't readily devour claims of imminent national security threats justifying radical action that happens to coincide with authorities' interests. National security has been the basis for the rise of probably every despot.
What is catalyzing American privacy law?
@MargotKaminski
,
@BillMcGev
and I compare the GDPR and the CCPA and show that California has emerged as a regulatory superpower for privacy, both de facto and de jure, spurring legislative action across the nation.
Grateful that my brother, a healthcare worker on the front lines, received the vaccine this morning. 🙏🏾 He reported that at his hospital people from all walks of life were receiving the medicine.
Sen. Sanders' claim that "I didn't [release my tax returns] last time because we didn't win the nomination" defies logic. Seeing the returns after the nomination would be too late to give us the people an opportunity to understand whom we are voting for.
Delighted to see the final version of my paper "Is Data Localization a Solution for Schrems II?" in the Journal of International Economic Law. CJEU handed down Schrems II on July 16, 2020. JIEL published my paper on Sept. 20, 2020, barely two months later.
University of Texas professors sue the Governor for banning TikTok on public networks and computers. This lawsuit will be fascinating to watch--and likely successful ultimately, in my opinion. The professors are represented by
@JameelJaffer
.
An amazing group of First Amendment scholars (along with me) has submitted an amicus brief arguing the TikTok divest-or-ban law is unconstitutional: With deep gratitude to Willkie Farr and to
@AnupamChander
for leading the charge.
@SheilaRFoster
The company is Yelp. The tweets are from the head of its public policy--because they disagree with a letter by some of nation's leading lawyers. The tweets are liked by the CEO and founder of Yelp. Is there a place where I can give Yelp one star for bad business practices?
Such a wonderful experience working with
@MinnesotaLawRev
to publish "Catalyzing Privacy Law," coauthored with
@MargotKaminski
and
@BillMcGev
! The editors were so kind, smart, and helpful. Their hard work made the paper so much better. 1/
@davidakaye
Important question. How about this rule? When video manipulation is clear beyond cavil, and such manipulation is designed to mislead viewers about actual facts, then remove video and warn poster.
✨🔖📖New paper alert! The Trade Origins of Privacy Law
@IndianaLJ
! My paper shows how the desire for trade propelled the growth of privacy law both within the EU and across the world.
@SSRN
I know I benefit in so many ways from a last name that is "foreign" but relatively easy to say and write. But there are literally 21 cites to "Anupam Chandler" in law reviews from the UCLA L. Rev., Cornell L. Rev., and NC L Rev -- two of which I've published articles in!
Amazing
@npr
hosts, who make sure to pronounce your name perfectly, learning it just a few minutes before going live to the nation! Thanks,
@SachaPfeiffer
for the great interview!
@elite_qt
@chelsea_janes
Here's further support for
@elite_qt
statement: the actual Trademark registration for the sound "skee wee." A brilliant move by Alpha Kappa Alpha.
This decision is about the NSA and U.S. law, not about Facebook's practices. In the decision, Snowden is mentioned 10 times; the NSA, 10 times; PRISM, 32 times; FISA 58 times; 702, 75 times. 8/
In a new paper, Trump v. TikTok, out today in the
@VandyJTL
, I explain how a Chinese big tech company beat the President of the United States on his home turf. The key, it turns out, was the U.S. justice system, or the rule of law. 1/n
The first episode of
@StrictScrutiny_
is like being a guest at a dinner party with the smartest law profs in the country, who are also willing to spill the tea.