Following the storming of the US Capitol building, Donald Trump became digitally toxic, and was deplatformed from Facebook, Instagram, Twitter and YouTube—as well as a host of other social media networks. Subsequent debate has centred on the questions of whether these companies did the right thing and the possible ramifications of their actions for the future of digital societies along with their democratic organisation. This article seeks to answer this question through examining complex, and seemingly contradictory notions (legality and the (...) protection of public interest vs issues of democratic legitimacy and digital sovereignty) and argues that reform is needed to determine who, in the future, will control the infosphere—and how. (shrink)

New data-driven technologies yield benefits and potentials, but also confront different agents and stakeholders with challenges in retaining control over their data. Our goal in this study is to arrive at a clear picture of what is meant by data sovereignty in such problem settings. To this end, we review 341 publications and analyze the frequency of different notions such as data sovereignty, digital sovereignty, and cyber sovereignty. We go on to map agents they concern, in which context they appear, (...) and which values they allude to. While our sample reveals a considerable degree of divergence and an occasional lack of clarity about intended meanings of data sovereignty, we propose a conceptual grid to systematize different dimensions and connotations. Each of them relates in some way to meaningful control, ownership, and other claims to data articulated by a variety of agents ranging from individuals to countries. Data sovereignty alludes to a nuanced mixture of normative concepts such as inclusive deliberation and recognition of the fundamental rights of data subjects. (shrink)

Over the past few years, there has been a proliferation of artificial intelligence strategies, released by governments around the world, that seek to maximise the benefits of AI and minimise potential harms. This article provides a comparative analysis of the European Union and the United States’ AI strategies and considers the visions of a ‘Good AI Society’ that are forwarded in key policy documents and their opportunity costs, the extent to which the implementation of each vision is living up to (...) stated aims and the consequences that these differing visions of a ‘Good AI Society’ have for transatlantic cooperation. The article concludes by comparing the ethical desirability of each vision and identifies areas where the EU, and especially the US, need to improve in order to achieve ethical outcomes and deepen cooperation. (shrink)

Many governments have seen digital health technologies as promising tools to tackle the current COVID-19 pandemic. A much-talked example in this context involves the recent deluge of digital contact tracing apps aimed at detecting Covid-19 exposure. In this short contribution we look at the bio-political justification of this phenomenon and reflect on whether DCT apps constitute, as it is often argued, a serious potential breach of our right to privacy. Despite praising efforts attempting to develop legal and ethical frameworks for (...) DCT apps’ usage; we argue that such endeavours are not sufficient to tackle the more fundamental problem of mass surveillance, which will remain largely unaddressed unless we deal with the biopolitical arguments presented and resort to a technical and structural defence. (shrink)

This article holds that governmental investments in quantum technologies speak to the imaginable futures of digital sovereignty and digital infrastructures, two major areas of change driven by related technologies like AI and Big Data, among other things, in international law today. Under intense development today for future interpolation into digital systems that they may alter, quantum technologies occupy a sort of liminal position, rooted in existing assemblages of computational technologies while pointing to new horizons for them. The possibilities they raise (...) are neither certain nor determinate, but active investments in them (legal, political and material investments) offer perspective on digital technology-driven influences on an international legal imagination. In contributing to visions of the future that are guiding ambitions for digital sovereignty and digital infrastructures, quantum technologies condition digital technology-driven changes to international law and legal imagination in the present. Privileging observation and description, I adapt and utilize a diffractive method with the aim to discern what emerges out of the interference among the several related things assembled for this article, including material technologies and legal institutions. In conclusion, I observe ambivalent changes to an international legal imagination, changes which promise transformation but appear nonetheless to reproduce current distributions of power and resources. (shrink)

The international network of submarine cables plays a crucial role in facilitating global telecommunications connectivity, carrying over 99% of all internet traffic. However, submarine cables challenge digital sovereignty due to their ownership structure, cross-jurisdictional nature, and vulnerabilities to malicious actors. In this article, we assess these challenges, current policy initiatives designed to mitigate them, and the limitations of these initiatives. The nature of submarine cables curtails a state’s ability to regulate the infrastructure on which it relies, reduces its data security, (...) and threatens its ability to provide telecommunication services. States currently address these challenges through regulatory controls over submarine cables and associated companies, investing in the development of additional cable infrastructure, and implementing physical protection measures for the cables themselves. Despite these efforts, the effectiveness of current mechanisms is hindered by significant obstacles arising from technical limitations and a lack of international coordination on regulation. We conclude by noting how these obstacles lead to gaps in states’ policies and point towards how they could be improved to create a proactive approach to submarine cable governance that defends states’ digital sovereignty. (shrink)

Zu Beginn der Pandemie im Frühjahr 2020, und nach einem weitreichenden Lockdown, ruhten große Erwartungen auf Corona-Warn-Apps, um einen erneuten Lockdown zu verhindern. Diese Erwartungen haben sich nicht erfüllt; stattdessen wurden in Deutschland als Reaktion auf erneute Wellen von COVID-19 weitere Kontaktbeschränkungen verordnet. Wie hätte die digitale Kontaktverfolgung wirksamer gestaltet werden können? Wir argumentieren, dass es ein Spannungsfeld zwischen der Datensparsamkeit und einer wirksamen Bekämpfung der Pandemie besteht. Im Gegensatz zur deutschen Corona-Warn-App wäre eine Variante der App, in der pseudonymisierte (...) Kennungen zentral gespeichert werden, in der Lage gewesen, die Effektivität der Kontaktverfolgung entscheidend zu erhöhen. Schließlich argumentieren wir, dass das Spannungsfeld zwischen Datensparsamkeit und einer wirksamen Pandemiebekämpfung sich jedoch nicht in einen Wertekonflikt übersetzt, weil zentrale Systeme uns trotz ihrer erhöhten Wirksamkeit nicht vor deutlich gravierendere Probleme beim Datenschutz stellen als dezentrale Systeme. Zentrale Möglichkeiten der digitalen Kontaktverfolgung wären daher ethisch gerechtfertigt, um auf weitere Wellen von COVID-19 oder auf zukünftige Epidemien effektiv zu reagieren. (shrink)

Digital sovereignty is a term increasingly used by academics and policymakers to describe efforts by states, private companies, and citizen groups to assert control over digital technologies. This descriptive conception of digital sovereignty is normatively deficient as it centres discussion on how power is being asserted rather than evaluating whether actions are legitimate. In this article, I argue that digital sovereignty should be understood as a normative concept that centres on authority (i.e., legitimate control). A normative approach to digital sovereignty (...) is beneficial as it supports critical discourse about the desirability of actors’ assertions of control. It is also more closely aligned with traditional definitions of sovereignty that are grounded in ideas of sovereign authority. To operationalise this normative approach to digital sovereignty and demonstrate the deficiencies of a descriptive approach, the role that “Big Tech” companies are playing in controlling artificial intelligence is considered from both perspectives. Through this case study, it is highlighted that Big Tech companies assert a high degree of control (i.e., descriptive digital sovereignty), but that they lack strong input legitimacy and have a questionable amount of output legitimacy. For this reason, it is argued that Big Tech companies should only be considered quasi-sovereigns over AI. (shrink)

Recent studies highlight the need for ethical and equitable digital health research that protects the rights and interests of racialized communities. We argue for practices in digital health that promote data self-determination for these communities, especially in data collection and management. We suggest that researchers partner with racialized communities to curate data that reflects their wellness understandings and health priorities, and respects their consent over data use for policy and other outcomes. These data governance approach honors and builds on Indigenous (...) Data Sovereignty (IDS) decolonial scholarship by Indigenous and non-indigenous researchers and its adaptations to health research involving racialized communities from former European colonies in the global South. We discuss strategies to practice equity, diversity, inclusion, accessibility and decolonization (EDIAD) principles in digital health. We draw upon and adapt the concept of Precision Health Equity (PHE) to emphasize models of data sharing that are co-defined by racialized communities and researchers, and stress their shared governance and stewardship of data that is generated from digital health research. This paper contributes to an emerging research on equity issues in digital health and reducing health, institutional, and technological disparities. It also promotes the self-determination of racialized peoples through ethical data management. (shrink)

Scientific research is growingly increasingly reliant on "microwork" or "crowdsourcing" provided by digital platforms to collect new data. Digital platforms connect clients and workers, charging a fee for an algorithmically managed workflow based on Terms of Service agreements. Although these platforms offer a way to make a living or complement other sources of income, microworkers lack fundamental labor rights and basic safe working conditions, especially in the Global South. We ask how researchers and research institutions address the ethical issues involved (...) in considering microworkers as "human participants." We argue that current scientific research fails to treat microworkers in the same way as in-person human participants, producing de facto a double morality: one applied to people with rights acknowledged by states and international bodies (e.g., the Helsinki Declaration), the other to guest workers of digital autocracies who have almost no rights at all. We illustrate our argument by drawing on 57 interviews conducted with microworkers in Spanish-speaking countries. (shrink)

This short theoretical and argumentative essay contributes to the ongoing deliberation about the so-called digitalfug sovereignty, as pursued particularly in the European Union. Drawing from classical political science literature, the essay approaches the debate through paradoxes that arise from applying classical notions of sovereignty to the digital domain. With these paradoxes and a focus on the Peace of Westphalia in 1648, the essay develops a viewpoint distinct from the conventional territorial notion of sovereignty. Accordingly, the lesson from Westphalia has more (...) to do with the capacity of a state to govern. It is also this capacity that is argued to enable the sovereignty of individuals within the digital realm. With this viewpoint, the essay further advances another, broader, and more pressing debate on politics and democracy in the digital era. (shrink)