Big Data and Global Trade Law

https://www.villageofhudsonfalls.com/lznfmd0fdwi Cover Half-title Title page Copyright information Contents List of Figures List of Tables List of Contributors List of Abbreviations Introduction Part I Global Trade Law and Policy in the Age of Big Data 1 Data Flows and Global Trade Law A Introduction B WTO Law as Pre-Internet Law C Evolution of Digital Trade Provisions in PTAs I Overview and Some Emerging Trends II Overview of Data-Related Rules in PTAs 1 Rules on Data Flows 2 Data Localization 3 Privacy and Data Protection D Substantive Developments in Digital Trade Governance I The CPTPP II The USMCA E Conclusion 2 Data Flow-Related Provisions in Preferential Trade Agreements: Trends and Patterns of Diffusion A Introduction B A Look at State of the Art C Design Dimensions and Related Concepts I Scope II Depth of Data Flow Facilitation III Flexibility IV Consumer Protection V Non-discrimination VI Regulatory Cooperation D Describing Trends and Patterns in Digital Trade Governance E Of Rule-Makers and Central Actors F Zooming in on the Rule-Makers G Exploring Explanations for Treaty Design H Conclusion 3 The Costs of Data Protectionism A Introduction B Countries That Impose Stricter Data Policies C Empirical Evidence on the Cost of Data Protectionism I Foregone Gains for Local Companies II The Foregone Gains for Foreign Companies D Data Protectionism and the World Trade Organization E Annex I Sub-index on Cross-Border Data Flows II Sub-index on Domestic Use of Data 1 Data Retention 2 Subject Rights on Data Privacy 3 Administrative Requirements on Data Privacy 4 Sanctions for Non-compliance 5 Other Measures 4 WTO Law and Cross-Border Data Flows: An Unfinished Agenda A Introduction B Regulating Data Flows: A Multilayered Policy Framework I Privacy and Cross-Border Data Flows II Cybersecurity and Cross-Border Data Flows III Protecting Consumer Rights through Data Restrictions IV Access to Data for Law Enforcement V Digital Industrial Policy in Developing Countries C Trade-Related Aspects of Data Governance I Applying WTO Disciplines to Data Restrictive Measures II Trade-Related Aspects of Data Flows 1 Privacy Protection and GATS 2 Cybersecurity and GATS 3 Online Consumer Protection and Digital Trade 4 GATS Compatibility of Digital Industrial Policy 5 Data-Related Issues Outside the Scope of WTO Law D Devising a WTO Framework on Data Flows I Foundational Principles of Data Regulation in International Trade Law 1 Fostering Digital Trust at a Domestic and Transnational Level 2 Ensuring Interoperability and Transparency to Facilitate Free Flow of Data 3 Exploring New Regulatory Approaches in WTO Law II Reforms in the WTO Framework for Data Regulation 1 Horizontal Obligation on Cross-Border Data Flows and Data Localisation 2 Enabling International Cooperation on Cybersecurity Issues 3 Requiring Privacy Frameworks and Promoting Mutual Recognition Mechanisms 4 Incorporating Consumer Trust Enhancing Measures 5 Enabling Digital Innovation and Promoting Business Trust 6 Relevance of Special and Differential Treatment for Developing Countries and LDCs III The Path Ahead for Rules on Data Flows at the WTO E Conclusion Part II From E-Commerce to Big Data and AI: Emerging Issues in Global Trade Law 5 Artificial Intelligence and Trade A. Introduction B AI's Kangaroo Problem, or Why Regulate AI? C AI and Trade Law I Scenario One: Dr. AI II Scenario Two: Claims Adjuster AI D Conclusion 6 Blockchain's Practical and Legal Implications for Global Trade and Global Trade Law A Introduction B Understanding Blockchain's Practical Implications for International Trade I Blockchain: A Complex World 1 A Multitude of Distributed Ledger Technologies 2 Various Types of Blockchain Platforms 3 Automation via Smart Contracts II Blockchain: A Potentially Transformative Impact on International Trade 1 Blockchain's Potential Impact on International Trade Transactions a Blockchain Can Make Trade Processes More Efficient and Less Costly b Towards Paperless Trade? 2 Blockchain Can Help Implement WTO Agreements C Regulatory Considerations around Blockchain I Legal Recognition of E-Signatures, E-Documents and Blockchain Transactions II Applicable Law, Liability and Enforcement Issues III Cross-Border Data Flows, Data Localization and Data Privacy Issues 1 Data Localization Restrictions Can Impact Blockchain, Although to a Limited Extent 2 Data Privacy a Blockchain as a New Tool for Data Sovereignty and Protection b Could Data Protection Regulations Block Blockchain? D Devising a Way Forward I The Need for a Conducive Regulatory Environment 1 Regulation as an Enabler 2 The Challenge of Blockchain Regulation II The Need for Blockchain Polycentric Governance III What Role for the WTO? 1 Monitoring Blockchain Developments Related to International Trade 2 Fostering Multi-stakeholder Cooperation and Governance 3 Promoting a Conducive Regulatory Environment E Conclusion 7 TRIPS Meets Big Data A Defining Big Data and AI B Big Data in the WTO's Work C Adapting Intellectual Property to Big Data and AI I Intellectual Property Rights Protection of Big Data Software and Corpora II Text and Data Mining III The Three-Step Test D Conclusion 8 Big Data, AI and Border Enforcement of Intellectual Property Rights: Impact on Trade Flows A Digitalization of Intellectual Property Enforcement B How Artificial Intelligence Transforms Intellectual Property Enforcement C Digitalization and Use of Big Data in Customs Control I Digitalization and Customs Control II Big Data, Customs Control and Risk Analysis III Distributed Ledger Technologies and Localization of Traded Goods D Legal Challenges and Opportunities I Opportunities II Challenges E Conclusions Part III Safeguarding Privacy and Other Users' Rights in the Age of Big Data 9 Futuring Digital Privacy: Reimaging the Law/Tech Interplay A Introduction B The Modern Moment in Technology C Historical Patterns of Interaction between Law and Technology D Reimagining the Relationship of Law and Technology E Towards Recording Privacy Law 10 The Algorithmic Learning Deficit: Artificial Intelligence, Data Protection and Trade A Introduction B Cross-Border Digital Trade and Artificial Intelligence C The Limits of Personal Data Protection in the Context of Trade Law Policy on Cross-Border Data Flows in AI Context I Thin Borderline between Personal and Non-personal Data in AI Context II Individual Rights Framework Does Not Factor in the Value of Knowledge Derived from Data D Conclusion 11 Panta Rhei: A European Perspective on Ensuring a High Level of Protection of Human Rights in a World in Which Everything Flows A Introduction B Data Flow as a Policy Metaphor C Human Rights Do Not Flow Easily across Borders I Who Should Be in Charge of the Internet? II Reactive Jurisdictional Claims D International Trade Law Laying Claim to Free Data Flows E Conclusion Part IV Global Perspectives on Digital Trade Governance 12 Data Regulation with Chinese Characteristics A Introduction B Internet Regulation in China I Overview of the Regulatory Landscape II China's Main Internet Regulations 1 Hardware Regulation 2 Software Regulation 3 Content/Data Regulation 4 Summary C Trade Agreements D Conclusion 13 Regulatory Convergence of Data Rules in Latin America A Introduction B Regulatory Convergence in E-Commerce and Data Flow Provisions in Latin American PTAs C E-Commerce and Data Provisions in Latin American PTAs I Electronic Commerce 1 Objectives and Principles 2 Applicability of WTO Rules 3 National Treatment (NT) and Most-Favoured Nation (MFN) Obligations 4 Customs Duties 5 Electronic Authentication 6 Source Code 7 Personal Data a Privacy Issues b Consumer Protection II Rules on Data 1 Data Flows 2 Data Localisation D Legal Framework of E-Commerce and Personal Data Protection in Latin American Countries I Chile II Peru III Panama IV Colombia V Costa Rica E Conclusion 14 Uploading CPTPP and USMCA Provisions to the WTO's Digital Trade Negotiations Poses Challenges for National Data Regulation: Example from Canada A Introduction B Cross-Border Data Flow and National Data Regulation C The CPTPP, the USMCA and National Data Regulation: Example from Canada I The CPTPP II The USMCA III Interim Conclusion D Key Proposals at the WTO's Plurilateral Negotiations on Trade-Related Aspects of Electronic Commerce E Conclusion and Outlook 15 Data Ownership and Data Access Rights: Meaningful Tools for Promoting the European Digital Single Market? A Introduction B The Digital Single Market Strategy: Basic Features and Objectives C Data Ownership I Ownership as a Property Right 1 State of Research 2 Analysis a Transaction Costs b Consequences for Data Subjects 3 Interim Conclusion II Ownership as Control 1 Preliminary Remarks 2 Implementation a Consent b Data Subjects' Rights 3 Analysis D Data Access Rights I Access by Individuals 1 Access to Personal Data 2 Access to Non-personal Data 3 Analysis II Access by Businesses 1 Preliminary Remarks 2 Implementation a Sector-Specific Regulations b Competition Law c Compulsory Licences 3 Analysis E Conclusion 16 Data Is Different, So Policymakers Should Pay Close Attention to Its Governance A Introduction B The Peculiarities of Data and the Role of Data in Trade C New Uses for Data Require New Ways of Thinking about Data D The Current State of Rules Governing Cross-Border Data and the Rise of Data Realms E A Path Forward Step 1: Encourage States to Develop Plans for the Regulation and Exchange of Different Types of Data Step 2: Give People Greater Voice and Greater Control over Their Data Step 3: Clarify the Rules and Exceptions to the Rules, So Nations Do Not Restrict Cross-Border Data Flows More Frequently or Broadly than Necessary Step 4: Provide Clarity on What Types of Practices Should Be Banned Because They Are Trade Distorting Step 5: Delineate How Nations Should or Should Not Respond to State Actions That Distort Cross-Border Data Flows F Conclusion Index