新技术秩序：数字主权

The New Tech Order Executive Conversations ANU BRADFORD Henry L. Moses Professor of Lawand International Organization Columbia University NAVIGATING TECHSOVEREIGNTYIN AFRACTURED WORLD Anu Bradford is a leading expert on how regulation andstate power shape the digital economy. She currently servesas a special advisor on technology sovereignty to Europeanleadership. She is the author ofThe Brussels Effect: How theEuropean Union Rules the World (2020), named one of the bestbooks of 2020 byForeign Affairs. Her newest book,DigitalEmpires: The Global Battle to Regulate Technology, was publishedin September 2023. It was recognized as one of the best booksof 2023 byFinancial Times, and awarded the 2024 Stein RokkanPrize for Comparative Social Science Research. At the ColumbiaLaw School, Bradford is the Director of the European LegalStudies Center. Before joining the Columbia Law School facultyin 2012, Bradford was an assistant professor at the Universityof Chicago Law School. She also practiced EU law and antitrustlaw in Brussels, and has served as an adviser on economic policyin the Parliament of Finland, and as an expert assistant at theEuropean Parliament. The World Economic Forum named herYoung Global Leader ’10. You coined the term “Brussels Effect” todescribe how EU regulations shape globaltech practices. Where do we stand today onEurope’s digital regulatory influence? Anu Bradford:I think the high-water markof Europe’s regulatory leadership is behindus. A few years ago, during the peak of the“techlash,” it seemed like the world wasmoving toward stricter digital rules and theEU was setting the tone. Even the UnitedStates, under President Biden, initiallyleaned into tougher tech regulation. Butsince then we’ve seen a strong backlash.Externally, Washington has become morehostile to any foreign power, includingthe EU, trying to discipline American techcompanies. US policymakers resent Europe’sattempts to set rules for Silicon Valley, andwe’ve even seen Congressional hearingscriticizing the Brussels Effect. At the sametime, inside Europe a narrative has takenhold that perhaps over-regulation is hurtingour competitiveness. A high-profile reportled by Mario Draghi, for example, arguedthat Europe’s innovation deficit is partly dueto burdensome regulation. This has shiftedthe conversation in Brussels. EU leadershave gone from championing digital rightsand stringent oversight to asking, “Are wetoo heavy-handed? Do we need to dial backregulation and focus more on innovation?”As a result, the European Commission hasproposed easing or revisiting some policies –including “Digital Omnibus” to simplify rulesand rethink parts of the AI Act and GDPR.In short, Europe’s resolve to be the world’sdigital regulator has wavered under USpressure and internal doubts. Anu BradfordHenry L. Moses Professor of Lawand International Organization,Columbia University In a recentForeign Affairsarticle, you warned that Europe could “lose whatmakes it great.” What were you cautioning against? Anu Bradford:Europe has many strengths and some deep weaknesses.My warning was that the EU must not throw away its greatest strengthin the digital era – its commitment to protecting users’ rights and a fairdigital marketplace. Europe has led the world in defending privacy, onlinesafety, and competition. And let’s be clear: we cannot count on tech CEOsto voluntarily protect societal values. Democratic oversight is needed toset guardrails for the digital economy, and Europe has been that globalstandard-bearer. Europe shouldn’t fight the wrong battle. Over-regulationis not the core reason Europe lags in tech – lack of a unified digital market,underdeveloped capital markets, cultural aversion to risk, and talent gapsare much bigger factors. Rather than dismantling the GDPR or weakeningupcoming AI rules, Europe should tackle those fundamentals. Completethe digital single market so startups can scale across the EU. Build a robustcapital markets union so innovators have access to growth funding. Reforminsolvency laws and the culture around failure so entrepreneurs can takerisks and try again. And work on immigration to attract and retain tech talentfrom around the world. These steps would do far more for competitivenessthan gutting the EU’s digital regulations. "Over-regulation is notthe core reason Europelags in tech – lack of aunified digital market,underdeveloped capitalmarkets, culturalaversion to risk, andtalent gaps are muchbigger factors." In your new bookDigital Empires, you outline three competing tech models– the American market-driven approach, Europe’s rights-driven approach,and China’s state-driven model. How are those models evolving today? Anu Bradford:We’re seeing a real convergence toward the state-drivenmodel in many ways. Everyone is playing Beijing’s game now. Geopoliticaltensions have pushed governments to take a much bigger role in tech.The United States, traditionally very hands-off and market-driven, is nowintervening heavily