Overview
- Presents a cutting-edge inquiry into the transformations of sovereignty and territoriality in the digital era
- Offers a groundbreaking legal analysis of digital jurisdiction
- Deals with an innovative interdisciplinary approach to cross-border data flows
Part of the book series: Law, Governance and Technology Series (LGTS, volume 65)
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About this book
This book explores the dynamic legal semantics of territory as applied to data. It offers a theoretical assessment of the legal challenges that data flows pose for the principle of territoriality and for state sovereignty more generally. The concept of sovereignty has traditionally developed in close connection with the exercise of powers over a territory, and ideas of jurisdiction have always been based on the principle of territoriality. Digitalization questions however the very idea of physical frontiers. Interconnected networks make data in effect borderless. Data can in fact be created, stored, processed, and accessed anytime and from anywhere.
The idea of the book is upbeat: the law can keep pace with the ability of data to fragment reality. The condition for this is that sovereignty disconnects from territory. Disconnection is not getting rid of the territory once and for all, it only means that for data alternatives to the territorial connection exist.
The analysis focuses on data from a holistic perspective (personal and nonpersonal) with the aim of investigating divergent and convergent solutions provided by different branches of the law (data protection, IP law, international law, and fundamental rights protection). It assesses in particular, the relationships between digitalization and the principle of territoriality, focusing on the specific legal aspects: the connections between law and territory; the impact of digitalization on state sovereignty; the use of extraterritoriality to circumvent territorial limitations on data flows; the rise of digital jurisdiction and its challenges; the interplay between digital jurisdiction and state sovereignty, and the alternative technological and legal solutions to data localization.
Keywords
Table of contents (7 chapters)
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Front Matter
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Back Matter
Authors and Affiliations
About the author
​Mariavittoria Catanzariti (PhD in Law, University of Roma Tre, 2011) has been working as a researcher in prestigious institutions, such as Berkeley Law School, Institute for Contemporary History and European University Institute. She is currently Assistant Professor in Legal Philosophy at the University of Padua and Research Fellow at the European University Institute. Her main research interest lies in law and information, from the broader perspective of legal theory and legal sociology. Her special focus is on European law. She is the author of a monograph on secrecy and several edited volumes, book chapters and articles published in Italian and International Journals.
Bibliographic Information
Book Title: Disconnecting Sovereignty
Book Subtitle: How Data Fragmentation Reshapes the Law
Authors: Mariavittoria Catanzariti
Series Title: Law, Governance and Technology Series
DOI: https://doi.org/10.1007/978-3-031-60734-9
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2024
Hardcover ISBN: 978-3-031-60733-2Published: 08 August 2024
Softcover ISBN: 978-3-031-60736-3Due: 22 August 2025
eBook ISBN: 978-3-031-60734-9Published: 07 August 2024
Series ISSN: 2352-1902
Series E-ISSN: 2352-1910
Edition Number: 1
Number of Pages: XV, 166
Topics: IT Law, Media Law, Intellectual Property, Legal Aspects of Computing, Computers and Society