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Antitrust and Trade Regulation Commons™
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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 …
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 …