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Article
Against 'Against data exceptionalism'
Masaryk University Journal of Law and Technology
  • Dan J B Svantesson, Bond University
Date of this Version
1-1-2016
Document Type
Journal Article
Publication Details

Citation only

Svantesson, D. J. B. (2016). Against 'Against data exceptionalism'. Masaryk University Journal of Law and Technology, 10(2), 200-211.

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© Masaryk University

ISBN
1802-5943
Disciplines
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.

Citation Information
Dan J B Svantesson. "Against 'Against data exceptionalism'" Masaryk University Journal of Law and Technology Vol. 10 Iss. 2 (2016) p. 200 - 211
Available at: http://works.bepress.com/dan_svantesson/107/