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Data Sovereignty
 Data Sovereignty
From the Digital Silk Road to
the Return of the State
Edited by
A N U PA M C HA N D E R A N D HAO C H E N SU N
 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of
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You must not circulate this work in any other form and you must impose this same condition on any acquirer.

Library of Congress Cataloging-​in-​Publication Data

Names: Chander, Anupam, editor. | Sun, Haochen, editor.
Title: Data sovereignty : from the digital silk road to the return of the state /
Anupam Chander, Haochen Sun.
Description: New York : Oxford University Press, 2023. |
Includes bibliographical references and index. | Identifiers: LCCN 2023032525 |
ISBN 9780197582794 (hardback) | ISBN 9780197582817 (epub) |
ISBN 9780197582800 (updf) | ISBN 9780197582824 (online)
Subjects: LCSH: Internet—Law and legislation. | Data protection—Law and legislation. |
Data transmission systems—Law and legislation. | Digital media—Law and legislation. |
Privacy, Right of. | Computer networks—Law and legislation.
Classification: LCC K 564 . C 6 D 35 2023 |
DDC 343.09/944—dc23/eng/20230914
LC record available at https://lccn.loc.gov/2023032525

DOI: 10.1093/​oso/​9780197582794.001.0001

Printed by Integrated Books International, United States of America

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(Based on the Declaration of Principles jointly adopted by a Committee of the

American Bar Association and a Committee of Publishers and Associations.)

You may order this or any other Oxford University Press publication
by visiting the Oxford University Press website at www.oup.com.
 Contents

List of Contributors  xiii

Introduction: Sovereignty 2.0  1

Anupam Chander and Haochen Sun
I. Defining Digital Sovereignty  4
II. The Rise of Digital Sovereignty  7
A. China: Inventing Digital Sovereignty  8
B. The EU: Embracing Digital Sovereignty  13
C. Russia: Promoting the Runet  14
D. The United States: Digital Sovereignty by Default  16
E. The Global South: Avoiding Data Colonialism  18
III. How Digital Sovereignty Is Different  20
A. Always Global  21
B. Against Corporations  22
C. More Control  23
D. Enables Protectionism  24
IV. Digital Sovereignty and the Russian Invasion of Ukraine  27
V. The Plan for This Volume  29

PA RT I R E T H E O R I Z I N G D IG I TA L S OV E R E IG N T Y
1. Two Visions for Data Governance: Territorial vs. Functional
Sovereignty  35
Frank Pasquale
I. Introducing Functional Sovereignty  37
II. Asserting Functional Sovereignty  40
III. Conclusion  47
2. A Starting Point for Re-​thinking “Sovereignty” for the Online
Environment  49
Dan Svantesson
I. Introduction  49
II. The Point of Departure: Sovereignty Applies Online, but How?  50
III. Three Examples Showcasing the Messy State of Sovereignty  53
A. Sovereignty and Law Enforcement Access to Data  53
B. Sovereignty and Content Removal Orders  54
C. Sovereignty and Peacetime Cyber Espionage  54
vi Contents

IV. Sovereignty and the Four Functions of International Law  55

V. The Binary Nature of the Current Concept of Sovereignty  57
VI. Sovereignty =​“State” +​“Exclusiveness”?  58
VII. Sovereignty—​Rule or Principle?  59
VIII. “State Dignity”—​the Core of Sovereignty  64
A. Sovereignty Anchored in State Dignity—​A Brief Illustration  67
IX. Digital/​Data Sovereignty—​Political Slogan or Anchored in
International Law?  69
X. Concluding Remarks  70
3. Digital Sovereignty as Double-​Edged Sword  72
Anupam Chander and Haochen Sun
I. Introduction  72
II. What Is Digital Sovereignty For?  72
III. The Double-​Edged Sword of Digital Sovereignty  75
A. Speech  77
B. Privacy  80
C. National Security  82
IV. Conclusion  87
4. From Data Subjects to Data Sovereigns: Addressing
the Limits of Data Privacy in the Digital Era  89
Anne SY Cheung
I. Introduction  89
II. Data Subjects vs. Data Sovereigns  91
III. Data Privacy in the Time of Pandemic  96
A. The Challenge of Non-​Personalized Data  96
B. From Tracking the Pandemic to Tracking Individuals  98
C. The Illusory Promise of Consent  105
IV. Beyond Privacy: From Data Subjects to Data Sovereigns  107
V. Conclusion  111

PA RT I I T E C H N O L O G Y A N D E C O N OM IC
I N ST I T U T IO N S
5. Digital Sovereignty +​Artificial Intelligence  115
Andrew Keane Woods
I. Introduction  115
II. How Digital Sovereignty Might Influence AI  119
A. Three Models  120
B. Implications  123
III. How AI Might Influence Digital Sovereignty?  125
A. Three Models  125
B. Implications  130
 Contents vii

IV. Key Variables  131

A. Access to Training Data  131
B. Industrial Policy  132
C. National Laws and Norms  133
D. Attitudes toward AI-​Powered Machines  134
V. Conclusion  136
6. Taobao, Federalism, and the Emergence of Law, Chinese Style  137
Lizhi Liu and Barry R. Weingast
I. Introduction  137
II. Development and Legal Market Infrastructure  141
III. Federalism, Chinese Style: Delegation and the Origins of Chinese
Political and Economic Reform, 1981–​1993  143
IV. Taobao and Law, Chinese Style  145
A. Evolution of Law, Chinese Style  146
B. Taobao Creates a Market  147
C. Taobao’s Private Legal System  148
V. Taobao and the Evolution of Federalism, Chinese Style:
Recentralization  152
A. Decentralization and the Incomplete Common Market  153
B. Taobao and the Formation of a Common Market  154
C. Taobao and Recentralization  155
VI. Conclusion  157
7. Leveling the Playing Field between Sharing Platforms and
Industry Incumbents: Good Regulatory Practices?  159
Shin-​Yi Peng
I. Introduction: Increasing Regulatory Fragmentation  159
II. A Case Study: Regulating the Sharing Economy and Its “Enemies”  160
A. Innovation: The Sharing Platforms  160
B. Competition: The Incumbents  162
C. Regulation: Dynamic and Divergent Approaches  164
III. Regulatory Cooperation on Platform Regulations: Good
Regulatory Practices?  168
A. Regulatory Cooperation Trends in the Regional Trade Agreements  168
B. Good Regulatory Practices for Platform Regulations?  172
IV. Conclusion: Regulatory Cooperation and Sovereignty  176
8. The Emergence of Financial Data Governance and
the Challenge of Financial Data Sovereignty  178
Giuliano G. Castellano, Ēriks K. Selga and Douglas W. Arner
I. Introduction  178
II. The Datafication of Finance  180
III. Financial Data Governance and General Data Governance  182
A. Regulating Financial Data  183
B. The Evolution of Data Governance Styles  185
viii Contents

IV. Open Banking  187

V. Financial Data Governance Strategies  191
A. Property-​Based: United States  192
B. Rights-​Based: European Union  193
C. Shared Resource: China  196
D. Hybrid Models  199
VI. Financial Data Sovereignty: Localization vs. Globalization  202
A. Regulatory Fragmentation  202
B. Territorialization and Data Localization  205
VII. The Data Sovereignty Challenge  207

PA RT I I I T R A D E R E G U L AT IO N
9. Data Sovereignty and Trade Agreements: Three Digital
Kingdoms  213
Henry Gao
I. Data Sovereignty  214
II. Data Sovereignty and Trade Agreements  218
III. United States: The Firm Sovereignty Model  221
A. Firm Sovereignty  221
B. Privacy as a Consumer Right  222
C. Security as a Business Risk  223
D. Trade Agreements  224
IV. China: The State Sovereignty Model  225
A. Data Sovereignty  225
B. Trade Agreements  226
C. Personal Information Protection  227
D. “Important Data” and “Core Data”  228
V. EU: The Individual Sovereignty Model  231
A. The GDPR  231
B. Digital Sovereignty  232
C. Data Flow and Localization  234
D. Trade Agreements  235
VI. Why the Differences?  236
VII. Conclusion  238
10. Data Governance and Digital Trade in India:
Losing Sight of the Forest for the Trees?  240
Neha Mishra
I. Introduction  240
II. Data Governance in India: Multiple Narratives, Multiple
Frameworks  243
A. Underlying Ideas of Data Governance  243
B. Policy Goals in Data Governance Instruments  245
C. The “Data Governance Complex” in India  249
 Contents ix

III. Data Governance and Influences on Digital Trade

Policies in India  256
A. The Nexus of Data Governance and Digital Trade  256
B. Digital Trade Policies Reinforce the Data Governance Complex  258
C. India in the Global Digital Trade Framework  261
IV. Conclusion  263
11. Creating Data Flow Rules through Preferential Trade
Agreements  264
Mira Burri
I. Introduction  264
II. Digital Trade Provisions in PTAs  267
A. Developments over Time  267
B. Overview of Data-​Related Rules in PTAs  267
III. Different PTA Templates for Digital Trade Governance  275
A. The U.S. Template  275
B. The Digital Trade Agreements of the European Union  284
C. The RCEP  289
IV. Conclusion  290

PA RT I V DATA L O C A L I Z AT IO N
12. Personal Data Localization and Sovereignty along Asia’s
New Silk Roads  295
Graham Greenleaf
I. Types of “Data Sovereignty” and “Data Localization”  296
II. China, Russia, and Near Neighbors on the New Silk Roads  299
A. China’s Data Localizations  300
B. Russia’s Data Localizations  304
C. Comparison of Chinese and Russian Localizations  306
III. South Asia: Three Bills Include Localizations  308
A. Regional Agreements  308
B. India  309
C. Sri Lanka  311
D. Pakistan  312
E. Comparison of South Asian Provisions  315
IV. Central Asia: Five Laws Include Some Localizations  316
A. International and Regional Agreements  318
B. Data Localization Measures in National Laws  319
C. Local Processing and Storage (Loc #1 and #2)  320
D. Data Export Conditions and Prohibitions (Loc #3 and #4)  321
E. Extraterritoriality and Local Representation (Loc #5 and #6)  323
F. “Outsourcing Exemptions”  323
G. Comparison of Central Asian Provisions  323
x Contents

V. How Relevant Are Free Trade Agreements?  324

A. Adequacy and the GATS  324
B. The Comprehensive and Progressive Agreement for
Trans-​Pacific Partnership (CPTPP)  326
C. The Regional Comprehensive Economic Partnership (RCEP)  328
D. FTAs and the Future of Data Localization  329
VI. Conclusion  329
13. Lessons from Internet Shutdowns Jurisprudence for
Data Localization  332
Kyung Sin Park
I. Motivations of Data Localization  335
A. Cybersecurity—​Protection (Control) of Domestic People  335
B. Nurturing Domestic Digital Players and Tax Revenues  336
II. Trade Rules Applied to Data Localizations  337
A. Applicability of Trade Rules  337
B. Trade-​Rules-​Based Arguments against Data Localization  340
III. Regulating Internet Shutdowns through Human Rights Norms  343
A. United Nations  347
B. UN Special Rapporteurs on Freedom of Expressions  348
C. Joint Declarations of Special Rapporteurs on
Freedom of Expression  350
D. Europe  352
E. Turkish Domestic Courts  356
F. Americas  358
G. Brazil Domestic Courts  360
H. Africa  362
I. Asia  363
IV. Adaptation of the Internet Shutdown Jurisprudence for
Data Localization  365
A. Synthesis of Jurisprudence on Internet Shutdowns  365
B. Adaptation to Data Localization  366
V. Conclusion  370
14. European Digital Sovereignty, Data Protection, and the Push
toward Data Localization  371
Theodore Christakis
I. The Push Toward Data Localization in Europe  373
II. The Need to Better Understand the Reasons behind Calls for
Data Localization  374
 Contents xi

III. The Influence of the Schrems II Judgment of the CJEU  376

A. The Starting Point: Data Localization Is Not in the GDPR’s DNA  376
B. Calls for Data Localization After Schrems II  377
C. Initial EDPB Guidance: Toward De Facto Data Localization  378
D. The New Model SCC’s and EDPB’s Final Guidance:
A Degree of Room for a Risk-​Based Approach?  382
E. Intensification of Enforcement of Schrems II by European
DPAs and Rejection of a Risk-​Based Approach  383
IV. Conclusion  385
 List of Contributors

Douglas W. Arner, Kerry Holdings Professor in Law, University of Hong Kong

Faculty of Law
Mira Burri, Professor of International Economic and Internet Law and Managing
Director Internationalization, University of Lucerne Faculty of Law
Giuliano G. Castellano, Associate Professor and Deputy Director, Asian Institute of
International Financial Law, University of Hong Kong Faculty of Law
Anupam Chander, Scott K. Ginsburg Professor of Law and Technology, Georgetown
University Law Center
Anne SY Cheung, Professor of Law, University of Hong Kong Faculty of Law
Theodore Christakis, Professor of International and European Law, University
Grenoble Alpes
Henry Gao, Professor of Law, Singapore Management University Faculty of Law
Graham Greenleaf, Professor of Law and Information Systems, UNSW Australia
Faculty of Law
Lizhi Liu, Assistant Professor, McDonough School of Business, Georgetown
University
Neha Mishra, Assistant Professor, Geneva Graduate Institute
Kyung Sin Park, Professor of Law, Korea University Law School and Co-​Founder
and Executive Director, Open Net Korea
Frank Pasquale, Professor of Law, Cornell Tech and Cornell Law School
Shin-​yi Peng, Distinguished Professor of Law, National Tsing Hua University
Ēriks K. Selga, PhD Candidate, University of Hong Kong Faculty of Law
Haochen Sun, Professor of Law, University of Hong Kong Faculty of Law
Dan Svantesson, Professor of Law and Co-​Director, Centre for Commercial Law,
Bond University Faculty of Law
Barry R. Weingast, Senior Fellow, Hoover Institution and Ward C. Krebs Family
Professor, Department of Political Science, Stanford University
Andrew Keane Woods, Milton O. Riepe Professor of Law and Distinguished Legal
Scholar, the University of Arizona James E. Rogers College of Law
 Introduction
Sovereignty 2.0

Anupam Chander and Haochen Sun

The Internet was supposed to end sovereignty. “Governments of the

Industrial World, you weary giants of flesh and steel, you have no sover-
eignty where we gather,” John Perry Barlow famously declared.1 Sovereignty
would prove impossible over a world of bits, with the Internet simply routing
around futile controls.2 But reports of the death of sovereignty over the
Internet proved premature. Consider recent events:

• In late 2020, on the eve of what was to be the world’s biggest initial public
offering (IPO) ever, the Chinese government scuttled the listing of
fintech provider Ant Group. Before the failed offering, Ant’s CEO, Jack
Ma, had made what some saw as a veiled critique of the government: “We
shouldn’t use the way to manage a train station to regulate an airport. . . .
We cannot regulate the future with yesterday’s means.”3 Chastened after
Beijing’s intervention, Ant announced that it would “embrace regula-
tion,” and Chinese netizens declared Jack Ma duly “tamed.”4
• In June 2021, France fined Google $593 million for failing to follow
an order to negotiate with news publishers to compensate them
for displaying snippets of the publishers’ news items before linking
to them.5

1 See John P. Barlow, The Declaration of the Independence of Cyberspace, Elec. Frontier Found.

(July 16, 2021), https://​www.eff.org/​cyb​ersp​ace-​indep​ende​nce.

2 As John Gilmore famously announced, “The Net interprets censorship as damage and routes

around it.” See Philip Elmer-​DeWitt, First Nation in Cyberspace, Time, Dec. 6, 1993, at 62.
3 Lily Kuo, “Jack Ma Is Tamed”: How Beijing Showed Tech Entrepreneur Who Is Boss, Guardian

(Nov. 4, 2020), https://​www.theg​uard​ian.com/​busin​ess/​2020/​nov/​04/​jack-​ma-​ant-​group-​is-​tamed-​

soc​ial-​media-​rea​cts-​after-​china-​blo​cks-​ipo.
4 Id.
5 See Gaspard Sebag, Google Told to Pay for News with Ultimatum and $593 Million Fine,

Bloomberg (July 13, 2021), https://​www.bloomb​erg.com/​news/​artic​les/​2021-​07-​13/​goo​gle-​said-​

to-​be-​fined-​593-​mill​ion-​by-​fre​nch-​antitr​ust-​age​ncy?sref=​CrGXS​fHu.

Anupam Chander and Haochen Sun, Introduction In: Data Sovereignty. Edited by: Anupam Chander and Haochen Sun,
Oxford University Press. © Oxford University Press 2023. DOI: 10.1093/​oso/​9780197582794.003.0001
2 Introduction

• In July 2021, Luxembourg’s privacy regulator fined Amazon $887 mil-

lion for data protection violations.6
• European Union (EU) authorities are simultaneously investigating
Google’s ad technology, Apple’s App Store, Facebook’s Marketplace, and
Amazon’s use of data from its third-​party sellers.7 Even Facebook Dating
receives unwanted attention from the British competition authority.8
• The technology giants are not safe even at home, as Ant discovered. In
the home of most of the world’s largest Internet companies, the U.S.
Federal Trade Commission (FTC) seeks to compel Facebook to divest
WhatsApp and Instagram, while investigating Amazon for competing
with merchants that use its platform.9 The federal government and all
but two U.S. states are bringing antitrust claims against Google,10 and
the U.S. Justice Department is investigating Apple’s App Store.11
• Assertions of digital sovereignty are hardly limited to Western nations.
After Twitter deleted the Nigerian president’s tweets warning of a new
civil war, the Nigerian government in June 2021 simply banned Twitter
from the country. On the eve of an election in January 2021, Uganda
went even further, ordering a complete shutdown of the Internet, with
President Yoweri Museveni explaining that Facebook had deleted pro-​
government accounts as manipulative.12 Uganda followed the example
of Zimbabwe, which responded to anti-​government protests in 2019 by
shuttering the Internet.13

6 See Taylor Telford, E.U. Regulator Hits Amazon with Record $887 Million Fine for Data Protection

Violations, Wash. Post (July 30, 2021), https://​www.was​hing​tonp​ost.com/​busin​ess/​2021/​07/​30/​ama​

zon-​rec​ord-​fine-​eur​ope/​.
7 See Sam Schechner & Parmy Olson, Google Faces EU Antitrust Probe of Alleged Ad-​Tech Abuses,

Wall St. J. (June 22, 2021), https://​www.wsj.com/​artic​les/​goo​gle-​faces-​eu-​antitr​ust-​probe-​of-​alle​

ged-​ad-​tech-​abu​ses-​1162​4355​128.
8 See Press Release, U.K. Competition & Mkts. Auth., CMA Investigates Facebook’s Use of Ad Data

(June 4, 2021), https://​www.gov.uk/​gov​ernm​ent/​news/​cma-​inves​tiga​tes-​faceb​ook-​s-​use-​of-​ad-​data.

9 Press Release, Fed. Trade Comm’n, FTC’s Bureau of Competition Launches Task Force to

Monitor Technology Markets (Feb. 26, 2019), https://​www.ftc.gov/​news-​eve​nts/​press-​relea​ses/​2019/​

02/​ftcs-​bur​eau-​comp​etit​ion-​launc​hes-​task-​force-​moni​tor-​tec​hnol​ogy.
10 See Press Release, Dep’t of Justice, Justice Department Sues Monopolist Google for Violating

Antitrust Laws (Oct. 20, 2020), https://​www.just​ice.gov/​opa/​pr/​just​ice-​dep​artm​ent-​sues-​mon​opol​

ist-​goo​gle-​violat​ing-​antitr​ust-​laws.
11 See Leah Nylen, Apple’s Easy Fide from U.S. Authorities May be Over, Politico (June 24, 2020),

https://​www.polit​ico.com/​news/​2020/​06/​24/​just​ice-​dep​artm​ent-​anti-​trust-​apple-​337​120.
12 See Stephen Kafeero, Uganda Has Cut Off Its Entire Internet Hours to Its Election Polls Opening,

Quartz Africa (Jan. 13, 2021), https://​qz.com/​afr​ica/​1957​137/​uga​nda-​cuts-​off-​inter​net-​ahead-​of-​

elect​ion-​polls-​open​ing/​.
13 See Zimbabwe Imposes Internet Shutdown Amid Crackdown on Protests, Al Jazeera (Jan. 18,

2019), https://​www.aljaze​era.com/​news/​2019/​1/​18/​zimba​bwe-​impo​ses-​inter​net-​shutd​own-​amid-​
crackd​own-​on-​prote​sts.
 Introduction 3

The state (both nation-​state as well as nearly every U.S. state) strikes back.14
When Thomas Hobbes imagined an “Artificial Man” in the form of a state,15
he was not picturing Facebook. But the reality is that modern leviathans like
Facebook and Google, and even Reddit, Spotify, and Twitter, exercise enor-
mous power over daily life. Increasingly, governments across the world have
sought to bring these companies under their control. While China pioneered
data sovereignty, it is now the demand of governments from Australia to
Zimbabwe. The era of countries unsure whether they had the power to regu-
late the Internet is over.
Consider, for example, Vietnam’s 2018 Law on Cybersecurity, which ex-
plicitly declares as its goal the protection of “national cyberspace.” Its defini-
tion of security includes not just national security, but explicitly also “social
order and safety, and the lawful rights and interests of organizations and
individuals in cyberspace.”16 While there may be no official signs that one
is “Now Entering Vietnamese Cyberspace” to greet visitors, the government
clearly believes that Vietnamese cyberspace is not some metaphysical place
outside its control.
In February 2022, Vietnam’s Southeast Asian neighbor Cambodia sus-
pended its plans to route all Internet traffic into or out of the country through
an Internet gateway. Human Rights Watch declared that the true purpose of
this infrastructure plan was to “tighten the noose on what remains of internet
freedom in the country.”17 Even while suspending its plans, the Cambodian
government defended itself, arguing that its goals were to “strengthen na-
tional security and tax collection as well as to maintain social order and pro-
tect national culture.”18 At the same time, the government insisted, without

14 For a round-​up of some recent enforcement actions faced by the biggest technology companies,

see Joe Panettieri, Big Tech Antitrust Investigations: Amazon, Apple, Facebook and Google Updates,
Channele2e (Dec. 24, 2021), https://​www.cha​nnel​e2e.com/​busin​ess/​com​plia​nce/​big-​tech-​antitr​
ust-​reg​ulat​ory-​brea​kup-​upda​tes/​.
15 Thomas Hobbes, Leviathan (1651) (“[A]‌s men, for the atteyning of peace, and conservation

of themselves thereby, have made an Artificiall Man, which we call a Common-​wealth; so also have
they made Artificiall Chains, called Civill Lawes, which they themselves, by mutuall covenants, have
fastned at one end, to the lips of that Man, or Assembly, to whom they have given the Soveraigne
Power; and at the other end to their own Ears.”).
16 Vietnam Law of Cybersecurity, art. 6.
17 Human Rights Watch, Cambodia Should Scrap Rights-​Abusing National Internet Gateway, May

16, 2022, https://​www.hrw.org/​news/​2022/​05/​16/​cambo​dia-​sho​uld-​scrap-​rig​hts-​abus​ing-​natio​nal-​

inter​net-​gate​way.
18 Cambodian Ministry of Foreign Affairs, Clarification by the Spokesperson of the Ministry of

Foreign Affairs and International Cooperation on the National Internet Gateway Establishment, Feb.
15, 2022, https://​www.mfaic.gov.kh/​posts/​2022-​02-​15-​Press-​Rele​ase-​Clarif​i cat​ion-​by-​the-​Spoke​
sper​son-​of-​the-​Minis​try-​of-​Fore​ign-​Affa​irs-​and-​Intern​atio​nal-​Coop​erat​ion-​o-​10-​50-​07.
4 Introduction

evidence, that such national Internet gateways “prevail in almost all coun-
tries around the world.”
Against this backdrop, scholars are sharply divided about the increasing
assertion of what is called variously “data sovereignty” or “digital sover-
eignty.” Some scholars see it as a natural extension of traditional Westphalian
sovereignty to the 21st century.19 They are joined by other scholars, often
from the Global South, who support data sovereignty in order to repulse
imperial ambitions for data colonialism, a barricade against the exploita-
tive and extractive practices of Western (and Chinese) technology giants.20
Other scholars, however, worry that data sovereignty will break the Web
apart, jeopardizing its numerous global benefits.21 As Mark Lemley astutely
laments, “The news you see, the facts you see, and even the maps you see
change depending on where you are.”22
This introduction proceeds as follows. Part I reviews some prominent
definitions of “digital sovereignty” and “data sovereignty.” Part II reviews
the rise of digital sovereignty, focusing on four influential jurisdictions (the
United States, China, the European Union, and Russia) and also the devel-
oping world. Part III describes some ways in which digital sovereignty is dif-
ferent than ordinary terrestrial sovereignty. Part IV considers the struggle for
control of cyberspace that followed the Russian invasion of Ukraine. Part V
concludes with a sketch of the plan for the volume that follows.

I. Defining Digital Sovereignty

At first glance, the term “sovereignty” over parts of the Internet may seem
entirely out of place. After all, one of the prerequisites for the recognition of
the sovereignty of a state in international law is the exercise of power over a

19 See, e.g., Andrew Keane Woods, Litigating Data Sovereignty, 128 Yale L.J. 328, 366–​71 (2018)

(arguing that we should “embrace [] sovereign differences” rather than opt for a single set of rules
everywhere).
20 See Renata Avila Pinto, Digital Sovereignty or Digital Colonialism, 27 SUR -​Int’l J. Hum. Rts.

15, 23–​24 (2018); Nick Couldry & Ulises A. Mejias, Data Colonialism: Rethinking Big Data’s Relation
to the Contemporary Subject, 20 Television & New Media 336, 337 (2019); cf. Julie E. Cohen,
Between Truth and Power: The Legal Constructions of Informational Capitalism 51
(2019) (noting the distributive nature of the construction of a “biopolitical public domain,” where
raw data is a resource to be processed).
21 See Mark A. Lemley, The Splinternet, 70 Duke L.J. 1397, 1427 (2021) (“[W]‌e should fight hard

not to give up the Internet for an information superhighway, particularly one that’s controlled by our
national governments.”).
22 Id. at 1409.
 Defining Digital Sovereignty 5

territory.23 Andrew Woods grounds his definition of “data sovereignty” in

three core elements of state sovereignty: “(1) supreme control; (2) over a ter-
ritory; (3) independent from other sovereigns.”24 The tension between the
notion of “digital sovereignty” and the territorial foundation for sovereignty
disappears when one recognizes that in order to exercise control over any ter-
ritory, it is increasingly necessary to exercise control over the online activities
available in that territory. This insight connects place and cyberspace. Woods
writes that, in order to control data within their borders to the exclusion of
other states, “states can command considerable control over the internet if
only because they control the physical components of the network within
their borders” through “an impressive arsenal of tools.”25 Dan Svantesson
rightly observes that sovereignty should not have to be all or nothing, and
so perhaps Woods’s requirement of exclusivity is unnecessarily strict for a
claim of data sovereignty.26 For Woods, a state’s data sovereignty powers in-
clude powers to compel compliance (“leav[ing] companies and their users
free to design and use the internet as they see fit, as long as they comply when
the government comes knocking”) and powers to control the means of com-
pliance (“the state tells internet firms how to operate”).27 It seems clear that
multiple states are able to order the same firm how to operate, with occa-
sional conflicts in approaches.28
Ke Xu divides sovereignty in cyberspace into three layers: the phys-
ical layer (sovereignty over physical Internet infrastructure and activities),
the code layer (sovereignty over domain names, Internet standards, and
regulations), and the data layer.29 Like Hobbes, Luciano Floridi begins by
theorizing individual sovereignty, which he defines in 21st-​century terms
as “self-​ownership, especially over one’s own body, choices, and data,”30 and

23 Article 1 of the Montevideo Convention on Rights and Duties of States provides as follows: “The

state as a person of international law should possess the following qualifications: (a) a permanent
population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the
other states.”
24 Woods, supra note 19, at 360.
25 Id. at 360–​61.
26 Dan Svantesson, “A Starting Point for Re-​ thinking ‘Sovereignty’ for the Online Environment,”
chapter in this volume.
27 Woods, supra note 19, at 364.
28 One prominent dispute involving a possible conflict—​ the Microsoft dispute with the
U.S. authorities over data held in Ireland—​did not create a hard conflict of laws because Ireland did
not explicitly claim that transferring the data to the United States would be illegal under Irish law.
United States v. Microsoft Corp., 138 S. Ct. 1186 (2018).
29 Ke Xu, Data Security Law: Location, Position and Institution Construction, 3 Bus. & Econ. L. Rev.

52, 57 (2019).
30 Luciano Floridi, The Fight for Digital Sovereignty: What It Is, and Why It Matters, Especially for

the EU, 33 Phil. & Tech. 369, 371 (2020).

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Louis XV, of France, 140
Louis, Saint, Psalter of, described, 128–131;
death of, 129
Lounsbury, Professor, of Yale, 84
Lowell, James Russell, 178
Luther, Martin, 215, 224

Mabie, Hamilton W., 177, 187

Macaulay, Thomas B., quoted on Baskerville editions, 245
Machiavelli, Niccolo, 181, 284
Macmillan Company, the, 26
Magliabecchi, Antonio, 292–295
Magliabecchian Library, the, 284;
George Eliot in, 291–298
Malmantile, Lippi’s, 296
Man and Superman, Shaw’s, the making of, 67
Mantegna, Andrea, 95
Manuscripts, methods of reproducing, 9
Manuscripts, illuminated, romance of, 114;
not the playthings of the common people, 115
Manutius, Aldus, see Aldus Manutius
Marie, Madame, of France, 130
Marinelli, 280
Marmion, Scott’s, 66
Martelli Chapel, the, in the Church of San Lorenzo, Florence, 275
Mary, Queen, of England, Psalter of, described, 131–134;
referred to, 132
Mary, Queen of Scots, 156–157
Matthews, Brander, 177
Mayence, printing at, 198, 204, 216
Mazarin, Cardinal, 198
Médard, Saint, the Golden Gospels of, 127–128
Medicean Library, the, see Laurenziana Library, the
Medici, the, 147;
Savonarola’s diatribes against, 274;
and the Laurenziana Library, 280
Medici, Alessandro de’, 274
Medici archives, the, 14
Medici, Catherine de’, 136
Medici, the Chapel of the, in Florence, 284
Medici, Cosimo I de’, see Cosimo il Vecchio
Medici, Cosimo II de’, see Cosimo II
Medici, Giovanni de’ (later Pope Leo X), 275;
and the Laurenziana Library, 282, 283
Medici, Giulio de’ (later Pope Clement VII), 276;
commissions Michelangelo to erect building for the Laurenziana Library,
283
Medici, Lorenzo de’, Book of Hours made by d’Antonio for, 111, 146–149,
290;
tomb of, 275;
and the Laurenziana Library, 281–283;
his personality, 281–282;
referred to, 111, 112, 148
Medici, Piero de’, 275
Memling, Hans, 142
Menelik, King, of Abyssinia, 104
Mentelin, types of, 19
Menticulture, Horace Fletcher’s, 75
Messina, Antonello di, 142
Metternich, Prince, 289
Michelangelo, letters of, 182, 290;
his plan for the façade of S. Lorenzo, 273;
Varchi’s tribute to, 275;
his tomb for Lorenzo de’ Medici, 175;
his work in the Laurenziana Library, 276;
his letter to Vasari, 278;
manuscript poems of, 287;
referred to, 14
Michelangelo archives, the, 14, 182
Migliore, 296
Milan, early printing at, 286
Millar, Eric George, quoted, 122, 123
Miller, Mr., London publisher, 66
Minium, 112, 118
Minuscule characters, described, 123;
introduced, 126
“Mirror” title, the, 94
Mochenicho, Doge Pietro, 202
“Modern” type, the introduction of, 251
Molds, early type, 201
Monaco, Lorenzo, 149, 290
Monks, the Irish, 120, 125
Monnier, Philippe, 160
Montanus, Arias, 227
Morelli, librarian of the San Marco Library, Venice, 143
Moretus, inherits the Plantin office, 234
Morgan Library, the, see Pierpont Morgan Library, the
Morris chair, the, 258
Morris end papers, the, 258
Morris wall papers, the, 258, 260
Morris, William, demonstrates possibilities of printing as an art, 14;
Golden type of, 18;
his other type designs, 18–20;
placed printing back among the fine arts, 55, 258;
Bernard Shaw’s enthusiasm for, 69–70;
his dislike of the Bodoni type, 80;
his title pages, 96;
early experiments of, 258;
the Kelmscott Chaucer, 259–268;
declines the poet-laureateship of England, 260;
death of, 262;
estimate of his work, 263;
his definition of the type ideal, 268;
referred to, 6, 96, 258
Munich, library of, 196
Murray, the House of, 65
Murray II, John, and Walter Scott, 66;
letter to Scott from, 66
Murray III, John, burns manuscript of Byron’s memoirs, 65
Murray IV, John, 26, 27, 65
Musée Condé, the, at Chantilly, 116

Naples, early printing at, 286

Nazionale Centrale, the Biblioteca, in Florence, see Magliabecchian Library, the
Nemours, the Duc de, 139
Néobar, Royal printer to François I of France, 216
Netherlandish illumination, see Illumination, Flemish
Netherlands, the, typographical supremacy of, 194, 223–244;
commercial supremacy of, 223;
devastated by war, 239
New Forest, the, in England, 158
New York Public Library, the, 196
Norton, Charles Eliot, 26;
autograph letter of, 31;
his association with the design of the Humanistic type, 32, 180–181;
recollections and reflections on, 178–183;
his meeting with Guido Biagi, 182–183

Ode to Cervantes, Dobson’s, 164

“Old-style” type, the passing of, 251;
revived by Pickering, 251
Orcutt, Reginald Wilson, 165
Orcutt, William Dana, first visit to Italy, 14;
meeting with Guido Biagi, 14, 277;
his work designing the Humanistic type, 17–33;
in the Ambrosiana Library, 24–25;
experiences with Willard Fiske, 26, 27;
apprenticeship at old University Press, 38;
experience with Eugene Field, 38–41;
experiences with Mrs. Mary Baker Eddy, 52;
becomes head of University Press, 55;
his ambition to emulate methods of early printers, 55;
experiences with Bernard Shaw, 67–71;
returns to Italy in 1903, 75;
his interest in the Bodoni and Didot types, 78;
his acquaintance with Horace Fletcher, 75, 82, 84, 86;
his acquaintance with Henry James, 86;
visit to Lamb House, 89;
experiences with William James, 90–92;
experiences with Cobden-Sanderson, 96–101;
experiences with Theodore Roosevelt, 101–106;
becomes interested in illumination, 111;
meeting with Maurice Hewlett, 155–162;
experiences with Austin Dobson, 162–169;
experiences with Mark Twain, 170–177;
experiences with Charles Eliot Norton, 178–183;
experiences with William Dean Howells, 183–188;
experiences in the Laurenziana Library, 273–300;
 last visit with Guido Biagi, 299–300
Orcutt, Mrs. William Dana, 165, 171
Oriental gold, 112
Orthographia dictionum e Græcia tractarum, Tortelli’s, 286
Oxford, Edward Harley, 2d Earl of, 136

Palatina, the Biblioteca, at Florence, 293

Pan and the Young Shepherd, Hewlett’s, 159
Paper, poorer quality introduced, 238;
Italian handmade, 238;
French handmade, 238, 257;
Baskerville the first to introduce glossy, 250
Parchment, English, 29;
Florentine, 28;
Roman, 28;
virgin, 113
Paris, 227
Paris Exposition of 1801, the, 258
Passerini, Luigi, 297
Patmore, Coventry, 89
Patrons, Italian, attitude toward printed book of, 11;
their conception of a book, 11;
their real reasons for opposing the art of printing, 12, 151
Peignot foundry, the, in Paris, 80
Persia, 118
Perugia, 291
Petrarca, Francesco, the father of humanism, 15;
Italic type said to be based upon handwriting of, 17, 210;
portrait of, 287, 289;
quoted, 290
Petrarch, see Petrarca, Francesco
Petrarch, the Humanistic, the type design, 17–26;
the copy, 26, 27;
the illustrations, 28;
the parchment, 28;
the ink, 29, 30;
the composition, 30;
Norton’s estimate of, 32
Philip, of Burgundy, 135
Philip II, of Spain, 227;
his interest in Plantin’s Biblia Polyglotta, 227–228, 233;
makes Plantin prototypographe, 233
Pickering, the London publisher, revives the old-style type, 251
Piedmont, early printing at, 286
Pierpont Morgan Library, the, New York, 99, 196
Pisa, 291
Pius XI, Pope, see Ratti, Achille
Plantin, Christophe, financially embarrassed by his Biblia Polyglotta, 56, 238;
his Greek types, 221;
leaves France, 223;
conception and making of his Biblia Polyglotta, 227–233;
his types, 228;
his printer’s mark, 228, 236;
made prototypographe by Philip II, 233;
the value of his work estimated, 233;
misfortunes endured by, 233;
in Leyden, 239;
made printer to University of Leyden, 239;
referred to, 79, 237
Plantin-Moretus Museum, the, at Antwerp, 235
Pliny, Elzevir’s, 240
Plutei, in the Laurenziana Library, designed by Michelangelo, 14, 276, 286,
300
Politian, 181.
 See also Poliziano, Angelo
Poliziano, Angelo, 215.
See also Politian
Pollard, Alfred W., 27
Polyglot Bible, Plantin’s, see Biblia Polyglotta
Portland, the Duchess of, 136
Pragmatism, William James’, 90
Printed book, the, attitude of Italian patrons toward, 11–12;
competed against the written book, 199;
Aldus changes format of, 207;
Elzevirs change format of, 240;
important part played in XVI century by, 215
Printer, the, responsibilities of, in early days, 208
Printing, as an art, opposed by the Italian patrons, 11–13;
its possibilities demonstrated by William Morris, 14;
brief supremacy of Germany in, 194–201;
supremacy of Italy in, 201–215;
supremacy of France in, 215–223;
supremacy of the Netherlands in, 223–244;
lapses into a trade, 238;
supremacy of England in, 244–250;
second supremacy of France in, 251–258;
second supremacy of England in, 258–263
Printing, invention of, made books common, 151
Priorista, Chiari’s, 297
Proofreading, in 1891, 47
Psalter of Saint Louis, the, described, 128–131
Publishers, relations between authors and, 51, 63

Quattrocento, Le, Monnier’s, 160

Queen Mary’s Psalter, described, 131–134, 146
Queen’s Quair, The, Hewlett’s, 155–156
Racine, Pierre Didot’s, 251;
described, 252–258
Raphael, 113
Raphelengius, 239
Rastrelli, 297
Ratti, Achille, 25, 117
Ravenna, 128
Reformation, the, 215
Renaissance, the, humanistic movement the forerunner and essence of, 15,
160;
Tours becomes center of, in France, 139
Repplier, Agnes, 177
Riccardi Library, the, 14, 149, 182, 290
Richardson, Samuel, 163
Riverside Press, the, 42
Road in Tuscany, the, Hewlett’s, 159
Robertet, François, 140
Roman Calendar, the, 117
Romanesque illumination, see Illumination, Romanesque
Romans, the, 7
Rome, the rich humanities of, 15;
referred to, 126
Romola, George Eliot’s, 292–299;
volumes consulted in writing, 296–298
Roosevelt, Theodore, deeply interested in physical side of books, 102;
his interest in illustration, 105
Royal Greeks, the, of Étienne, 219–222
Rubens, Peter Paul, 95, 113
Ruskin, John, 178, 182
Russia, the Emperor of, 103
Rutland, the Earl of, 131

Sacristy, the New, in the Church of San Lorenzo, Florence, 275

Sacristy, the Old, in the Church of San Lorenzo, Florence, 275
Saga Library, the, 260
Saint John, the Feast of, 297
St. Louis Exposition, the, 182, 299
Saint Peter, the Holy Sepulchre of, 288
Sala di Michelangiolo, the, in the Laurenziana Library, Florence, 14;
described, 276
Sale, Madonna Laura de Noves de, portrait of, 287, 289;
Petrarch’s verses to, 290
Salisbury, the Marquis of, 165
San Lorenzo, the Church of, in Florence, 274, 283
San Marco, the Convent of, in Florence, 281, 282, 288
San Marco, the Library of, Venice, 119, 141, 143, 145
San Vitale, the Church of, at Ravenna, 128
Saracens, the, 7
Savonarola, 274, 284
Savoy, the Duke of, 233
Schoeffer, types of, 19;
referred to, 198
Science and Health, 52
Scott, Gen. Hugh Lennox, 82
Scott, Walter, and John Murray II, 66;
letter from Murray to, 66
Scribes, the humanistic, base their lettering on the Caroline minuscule, 126;
referred to, 16, 21, 24
Scribes, the monastic, in XV century, 9
Scribes, the secular, in XV century, 10
Scriptorium, the, 9
Second Book of Verse, Eugene Field’s, 38
Semi-uncial characters, described, 123
Sforza Book of Hours, the, 145
“Shady Hill,” in Cambridge, Mass., home of Charles Eliot Norton, 180, 181
Shakespeare first folio, a, value of, 196
Shaw, G. Bernard, his interest in printing, 67–71;
the making of his Man and Superman, 67;
his enthusiasm for William Morris, 69;
letters from, 68–71
Shelley, Percy Bysshe, 158
Sherry’s, in New York City, 187
Siena, 291
Silas Marner, George Eliot’s, 296
Sinibaldi, Antonio, the Virgil of, 16;
the Book of Hours of, 112
Sixtus IV, Pope, 142
Smith, Baldwin, 132
Smith, F. Hopkinson, 177
Somerset, John, 135
Sotheby’s, in London, 140
Spain, the Netherlands under the domination of, 227;
referred to, 112, 118
Spanish siege, the, of Leyden, 239
Spanish War, the, 179
Spell, The, Orcutt’s, 90, 184
Spires, the town of, 286
Steele, Sir Richard, 163
Subiaco, early printing at, 285
Sweynheim and Pannartz, ruined by experiments in Greek, 56, 238;
engraved blocks of, 285
Switzerland, 238
Syriac Gospels, the, 287

Taft, President William H., 188

Tapestries, the Hall of, in the Laurenziana Library, Florence, 285
Tennyson, Alfred, Lord, 260
Terence, Elzevir’s, 240;
described, 241–243
Ther Hoernen, Arnold, 94
Thesaurus, the, printed by Henri Étienne, 56, 238
Thompson, Henry Yates, 140
Thomson, Hugh, 166
Title, the engraved, 95
Title, the “mirror,” 94
Title page, the, Bernard Shaw’s ideas concerning, 67;
William James’ ideas concerning, 92;
“the door to the house,” 92;
evolution of, 92–96.
See also Title, the engraved; Title, the “mirror”
Togo, Admiral, 103
Torresani, Andrea, 214
Torresani, Federico, 214
Torresani, Francesco, friendship of Jean Grolier with, 214;
letter from Jean Grolier to, 215
Tortelli, 286
Tours, becomes center of Renaissance in France, 139
Tours, the School of, 126
Très Riches Heures, the, of the Duc de Berry, 116
Tribuna, the, in the Laurenziana Library, Florence, 285
Trionfi, Petrarch’s, 26, 28, 181
Triumphs, Petrarch’s, see Trionfi, Petrarch’s
Trophies of Heredia, 102
Troy type, the, designed by William Morris, 20
Turin, early printing at, 286
Twain, Mark, and the Jumping Frog, 61;
recollections and reflections on, 170–177;
the Harvey birthday dinner, 176;
referred to, 188
Type design, difficulties of, 17
Types, early designs of, 17;
Aldus’ designs of, 17;
Jenson’s designs of, 18;
William Morris’ designs of, 18;
William Morris’ definition of, the ideal, 268.
See also Humanistic type, Jenson Roman type, Jenson Gothic type, Golden type,
Doves type
Typesetting, in 1891, 44

University Press, the old, Cambridge, Mass., 5, 38, 41, 42, 46, 47, 49, 51, 102
Upsala, Sweden, 119
Urbino, the Duke of, 12

Vacca, the Palazzo dei della, 284

Vallombrosa, 171, 291
Van-der-Meire, Gerard, 142
Varchi, his tribute to Michelangelo, 275
Vasari, his work in the Laurenziana Library, 278;
Michelangelo’s letter to, 278
Vatican Library, the, at Rome, 117, 196
Vellum, 115, 257.
See also, Parchment
Venetian Days, Howells’, 186
Venetian Republic, the, 142;
encourages the art of printing, 202
Venice, early printing in, 94, 204, 206, 214, 286;
Howells’ love for, 186;
becomes the Mecca of printers, 202;
John of Spires in, 286
Vergetios, Angelos, 219
Verrocchio, 275
Victoire, Pierre, quoted, 220
Victoria, Queen, of England, 140
Vienna, library of, 196
Villa di Quarto, the, in Florence, Mark Twain at, 171
Villa Medici, the, in Rome, 282
Villari, Pasquale, 284, 291, 298
Vinci, da, archives, the, 14, 182, 290
Vinci, Leonardo da, sketches of, 290;
referred to, 14, 182
Virgil, Baskerville’s, 244;
described, 246–250
Virgil, illuminated by Sinibaldi, 16
Virgil, the Medicean, 287;
the story of, 288–289
Virgil, the Vatican, 117
Vita di G. Savonarola, La, Villari’s, 298
Vittoria, Alessandro, 143

Wages, in 1891, 58
Walker, Emery, designs the Doves type, 18, 19;
engraves plates for Humanistic Petrarch, 28;
at the Doves Press, 263;
referred to, 71
Walpole, Horace, 163
Warner, Sir George, 140
Widener, Joseph E., library of, 196
Wiggin, Rev. James Henry, 52
Wiggin, Kate Douglas, 177
Wilhelm, Kaiser, 103, 104
William of Orange, founds the University of Leyden, 239
William the Conqueror, 158

Wilson, Francis, 38
Wilson, John, 5, 6, 38, 40, 42, 46, 52, 53, 55
Windsor Castle, 140
Wood, Gen. Leonard, 82
Wood cuts, 106
Wordsworth, William, quoted, 20
World War, the, 103
Worsley, Sir Robert, 136
Writing, see Hand lettering
Written book, the printed book had to compete against, 199

Yale University Library, the, 196

Zainer, Gunther, types of, 20

THIS VOLUME is composed in Poliphilus type, reproduced by the
Lanston Monotype Corporation, London, from the Roman face
designed in 1499 by Francesco Griffo, of Bologna, for Aldus Manutius,
and originally used in the Hypnerotomachia Poliphili. The Italic is based
upon that designed for Antonio Blado, Printer to the Holy See from
1515 to 1567.
The cover, a modern adaptation of the Grolier design used on Capella:
L’Anthropologia, is designed by Enrico Monetti.
The illustrations, many now appearing in book form for the first time,
were secured chiefly through the courtesy of the librarians of the
British Museum, London; the Bibliothèque Nationale, Paris; the
Laurenziana Library, Florence; the Ambrosiana Library, Milan; the
Marciana Library, Venice; the Vatican Library, Rome; and from private
collectors.
The plates of the illustrations were made by the Walker Engraving
Company, New York City, and are printed on DeJonge’s Art Mat. The
text paper is Warren’s Olde Style.
The typography, presswork, and binding are by the Plimpton Press,
Norwood, Massachusetts, under the personal supervision of William
Dana Orcutt.
 Transcriber’s Notes
Illustrations have been positioned near the relevant text.
Silently corrected typographical errors in the List of Illustrations and the
Index.
The page numbers in the List of Illustrations, the Index, and internal cross
references reflect the locations in original text, but the hyperlinks point to
the current locations.
The ends of each chapter and some block quotes had line lengths that
tapered smaller and smaller in a decorative way and did not end with a
period. Because of the variable nature of electronic texts, the author’s
intention sadly cannot be reproduced as intended.
Illustration captions on numbered pages were in italic while captions on
unnumbered pages were not. Italics removed to make illustration captions
consistent.
In some captions, measurements were in parenthesis and others were in
brackets. Converted all to parenthesis for consistency.
Page 44: Corrected “Typsetting” to “Typesetting”.
Page 170: Added a thought break as the topic changes from Dobson to
Twain.
Page 178: Added a thought break as the topic changes from Twain to
Norton.
Page 269:The word “hopefulness” is not hyphenated in the original as part
of the decorative tapered lines. The word has been rejoined.
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