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Articles 1 - 4 of 4
Full-Text Articles in Antitrust and Trade Regulation
Sovereignty 2.0, Anupam Chander, Haochen Sun
Sovereignty 2.0, Anupam Chander, Haochen Sun
Vanderbilt Journal of Transnational Law
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 …
Antitrust's High-Tech Exceptionalism, Rebecca H. Allensworth
Antitrust's High-Tech Exceptionalism, Rebecca H. Allensworth
Vanderbilt Law School Faculty Publications
American competition policy has four big problems: Amazon, Apple, Facebook, and Google. These companies each reign over a sector of the digital marketplace, controlling both the consumer experience and the possibility of competitive entry. This Essay argues that the conventional account of how antitrust law allowed this consolidation of market power - that it failed to evolve to address the market realities of the technology sector-is incomplete. Not only did courts fail to adapt antitrust law from its smoke-stack roots, but they gave big tech special dispensation under traditional antitrust doctrine. Swayed by prevailing utopic views about digital markets in …
Silence Of The Spam: Improving The Can-Spam Act By Including An Expanded Private Cause Of Action, David J. Rutenberg
Silence Of The Spam: Improving The Can-Spam Act By Including An Expanded Private Cause Of Action, David J. Rutenberg
Vanderbilt Journal of Entertainment & Technology Law
In the last decade, email spam has become more than just an annoyance for email users. Unsolicited messages now comprise more than 95 percent of all email sent worldwide. This costs US businesses billions of dollars in lost productivity each year. The US Congress passed the CAN-SPAM Act of 2003 to regulate the spam industry. Unfortunately, data show that spam only increased since the Act's passage. Part of the reason for this failure is that the Act only authorizes the Federal Trade Commission, state attorneys general, and Internet Service Providers to bring action under its provisions. Each of these authorized …
As Soft As Tofu: Consumer Product Defamation On The Chinese Internet, Elizabeth Spahn
As Soft As Tofu: Consumer Product Defamation On The Chinese Internet, Elizabeth Spahn
Vanderbilt Journal of Transnational Law
This Article examines the most notorious Chinese internet defamation case, Wang Hong v. Maxstation, which awarded substantial damages against an individual consumer as well as two online magazines for criticizing a laptop product on the internet. The case created a widespread political controversy on the internet in China, highlighting an underlying tension in the current policies of the Chinese government, which promotes a more open market economy while maintaining tight censorship over public speech. The case developed landmark legal doctrine in China, extending judge made defamation law while ignoring the Chinese consumer protection statute. Extending defamation doctrine to include factual …