Conflict-of-norms in the information society: national security and cross-border data flow

Online event

National security has increasingly become a concern for cross-border data flow. In this panel discussion, we will survey the conflicts and potential collaboration between protecting national security and enhancing digital trade. Our distinguished panel will cover relevant laws and practices in big (the US and China), medium (the UK), and small (Vietnam and Taiwan) jurisdictions.

Speakers

• Professor Anupam Chander (Professor, Georgetown University)

Trump v. TikTok: How a Chinese big tech platform defeated the President of the United States, and why that’s important for free expression

When then-President Donald Trump sought to ban TikTok, ostensibly because of its Chinese roots, US courts came to TikTok’s rescue. Rather than deferring to the president’s claims of a national security emergency justifying the ban, courts held that the president lacked statutory authority to ban TikTok. This talk will explain why, and what was at stake in this struggle.

• Ms. Nguyen Ha (Visiting Scholar Harvard University, Research & Teaching Associate Monash University)

Conflicting cybersecurity norms in Vietnam: the borrowing of local actors

As scholars grapple with the complexity of international cybersecurity, the Socialist Republic of Vietnam offers a surprisingly rich snapshot of cybersecurity norms in the global arena. This talk discusses the Vietnamese cybersecurity regime that has been shaped by local actors, who borrowed conflicting cybersecurity norms from international laws and trade agreements.

• Dr. Phoebe Li (Reader, Sussex University)

How national security is shaping digital sovereignty: the cases of middle power countries

Economic security has been a main driver for countries to develop digital and data sovereignty in order to protection national security. This talk will discuss the comparative efforts of the UK government in developing an AI strategy after leaving the EU and how the Taiwanese National Security Law has been strengthened by the recent law reform in trade secrets protection.

Moderators/commentators

• Dr. Han-Wei Liu (Senior Lecturer, Monash University)

• Dr. Jie (Jeanne) Huang (Associate Professor Sydney University, Visiting Scholar Harvard University)

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Friday 3 March, 11am-12pm AEDT (Thursday 2 March, 7-8pm EST)

This event is being held  online. 

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This event is presented by the Sydney Centre for Asian and Pacific Law at the University of Sydney and Private International Law, Monash University, and Law & Technology interest groups of the American Society of International Law.