Anu Bradford, ‘Europe’s Digital Constitution’, 64 Virginia Journal of International Law 1 (2023). The US produces technology and the EU produces rules. This ‘division of labor’ was encapsulated in this exchange: On the acquisition of then-Twitter, Elon Musk tweeted ‘the bird is freed’. An EU commissioner almost immediately responded (also on Twitter) that ‘In Europe, the bird will fly by our rules’. Anu Bradford’s article, ‘Europe’s Digital Constitution’, opens with this collision between US tech entrepreneurs and EU regulators. The specific example is in service of a much grander vision. Bradford argues that European tech regulation can be understood as a ‘constitution’ that expresses a normative commitment to ‘fundamental rights’, democracy, and ‘fairness and distribution’ (p 10) … (more)
[Verity Winship, JOTWELL, 25 June 2024]
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