Thomas Streinz, Angelina Fisher, Benedict Kingsbury
An interdisciplinary research project by the Guarini Global Law & Tech initiative at NYU Law explores the many unresolved legal questions posed by, inter alia: data flows that transcend jurisdictional boundaries; highly uneven concentration of control over data; and the various transformations caused by datafication of economies and societies.
We posit “Global Data Law” as a new field of research and practice encompassing various private and public legal technologies of global data governance including: ways of establishing jurisdiction over data (including data localization); data ownership and open data; data contracting and licensing; and legal-technological solutions for data portability, interoperability, and data sharing. We analyze and problematize these legal technologies in their interaction with the complex infrastructures that generate and regulate data.
In addition, we study the core components of – and major contention among – large-scale ordering projects in which different approaches to and modalities of data governance are being mobilized. The US, EU, China, and India are all pursuing data-law initiatives with global implications. International economic law is being repurposed to scale and meta-regulate these efforts.
Data ordering projects also exist on sub-geopolitical scales where indigenous peoples seek to safeguard their data sovereignty and experimental collective data governance mechanisms are being explored, including by International Organizations. We are inviting everyone interested in these topics to join our Interest Group. We are interested in exchanging ideas, exploring collaboration, and pushing forward this exciting and important research agenda.
More information about the Global Data Law project is available at www.guariniglobal.org/global-data-law. You can also follow us on Twitter @GuariniGlobal.
Upcoming chapter events, projects, and activities
We are currently planning events for spring and summer 2023 – stay tuned for updates.