Against ‘Against Data Exceptionalism’ Cover Image

Against ‘Against Data Exceptionalism’
Against ‘Against Data Exceptionalism’

Author(s): Dan Svantesson
Subject(s): Law, Constitution, Jurisprudence, ICT Information and Communications Technologies
Published by: Masarykova univerzita
Keywords: Data Exceptionalism; Territoriality; Jurisdiction; Data Privacy; Internet Law;

Summary/Abstract: The April 2016 issue of the Stanford Law Review (Volume 68, Issue 4) contains an interesting article by Assistant Professor Andrew Keane Woods. In that article, titled ‘Against Data Exceptionalism’, Woods seeks to challenge the view that the nature of data is incompatible with existing territorial notions of jurisdiction. He argues that the nature of data is not unique, and that existing jurisdictional principles rooted in territoriality can be applied to data. This is my response to his claims. I argue that Woods fails to refute ‘data exceptionalism’, and that his description of relevant jurisdictional issues is based on a misunderstanding leading to a conflation of different jurisdictional questions.

  • Issue Year: 10/2016
  • Issue No: 2
  • Page Range: 200-211
  • Page Count: 12
  • Language: English