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Full-Text Articles in Law
When The Digital Services Act Goes Global, Anupam Chander
When The Digital Services Act Goes Global, Anupam Chander
Georgetown Law Faculty Publications and Other Works
The European Union’s Digital Services Act (“DSA”) establishes a “meta law”—public regulation of the private regulation conducted by internet platforms. The DSA offers an attempt to balance private technological power with democratic oversight. The DSA will likely prove an attractive model for other governments to assert control over massive global internet platforms. What happens when other countries borrow its approach, in an instantiation of the vaunted Brussels Effect? This Article evaluates the DSA using the “Putin Test”—asking what if an authoritarian leader were given the powers granted by the DSA? The Article argues that authoritarians might well exploit various mechanisms …
Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran
Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran
Georgetown Law Faculty Publications and Other Works
The United States famously lacks a comprehensive federal data privacy law. In the past year, however, over half the states have proposed broad privacy bills or have established task forces to propose possible privacy legislation. Meanwhile, congressional committees are holding hearings on multiple privacy bills. What is catalyzing this legislative momentum? Some believe that Europe’s General Data Protection Regulation (GDPR), which came into force in 2018, is the driving factor. But with the California Consumer Privacy Act (CCPA) which took effect in January 2020, California has emerged as an alternate contender in the race to set the new standard for …