Professor Francesca Bignami from the George Washington University Law School (GW Law) recently delivered a lecture at the Research Institute for Democracy, Society, and Emerging Technology (DSET) titled “Extraterritorial Jurisdiction: Competing Normative Paradigms,” in which she explored critical issues in digital regulation. A renowned expert in comparative privacy law, administrative law, and EU law, Professor Bignami is also the author of several significant works, including EU Law in Populist Times: Crises and Prospects.
Contrasting EU and U.S. Digital Regulation Models
In her lecture, Professor Bignami delved into the stark differences between the European Union (EU) and the United States in digital regulation. She highlighted that the EU adopts a rights-centered approach, prioritizing the data rights of both market participants and citizens. In contrast, the U.S. follows a laissez-faire model, emphasizing market freedom and the primacy of free speech.
A focal point of her analysis was the extraterritorial impact of the EU’s General Data Protection Regulation (GDPR) and the U.S.’s CLOUD Act. Professor Bignami examined how these regulations shape operational standards for multinational technology companies, noting their profound influence not only within their respective jurisdictions but also across the global digital market.
Engaging Discussions: Tensions Between Digital Privacy and National Security
The subsequent discussion session featured vibrant exchanges on the inherent tensions between digital privacy and national security. Attendees raised pertinent questions, such as the implications of U.S. national security reviews targeting TikTok and China’s use of digital platforms to influence public opinion in Taiwan.
Professor Bignami remarked that U.S. actions, such as banning platforms under the guise of cybersecurity, represent rare but stringent regulatory measures. She emphasized that these actions underscore the delicate balance between safeguarding national security and maintaining market freedom.
Future Directions for Taiwan’s Digital Governance
Responding to questions about Taiwan’s potential to draw lessons from EU and U.S. practices, Professor Bignami recommended that Taiwan enhance its digital regulatory framework, particularly in governing generative AI (GenAI). She stressed the importance of addressing challenges like misinformation and data misuse, while preserving digital sovereignty through robust international collaboration to mitigate risks associated with data outflows.
Insights and Prospects
This discussion underscored the complexities and multifaceted challenges of digital governance, highlighting Taiwan’s potential role in shaping international technology and digital norms. Participants agreed that Taiwan could strengthen its digital sovereignty and contribute to global digital governance by deepening international partnerships. Professor Bignami’s insights provided valuable guidance for Taiwan’s future digital policy development.
The event not only deepened participants’ understanding of digital regulatory frameworks but also laid a solid foundation for Taiwan’s continued exploration of digital governance strategies.
