ABOUT THE TOPIC: In his talk, Jack Goldsmith will explain why he is skeptical about significant cybersecurity cooperation among military rivals, especially at the treaty level. He will, however, argue that the Snowden revelations make such cooperation more, not less, likely.

ABOUT THE SPEAKER: Jack Goldsmith is Henry L. Shattuck Professor of Law at Harvard University, where he specializes in national security law, international law, internet law, and presidential power. Goldsmith is the author of five books and numerous articles covering these topics. His recent books include: Power and Constraint: The Accountable Presidency After 9/11 (W.W. Norton, 2012); The Terror Presidency: Law and Judgment Inside the Bush Administration (W.W. Norton, 2007); Who Controls the Internet? Illusions of a Borderless World (Oxford Press, 2006, with Tim Wu); and The Limits of International Law (Oxford Press, 2005, with Eric Posner). Prior to his time at Harvard, Goldsmith was Assistant Attorney General in the Office of Legal Counsel from October 2003 to July 2004 and Special Counsel to the General Counsel to the Department of Defense from September 2002 through June 2003. 

The digital Information Technology (IT) revolution currently underway is profoundly reshaping economic activity, influencing politics, and transforming societies around the world. It is also forcing a reconceptualization of the global and local; many of the technologies, platforms, and fundamental disruptions are global in nature, but national or local contexts critically influence the uses and effects of IT.

Digital media— broadly conceived as digital platforms for information creation, transmission, and consumption—is a core driver of the IT revolution. Information is the very essence of civilization itself, and the advent of digital media fundamentally transforms our relationship to information. We have already seen: 1)  the Internet maturing as a platform for posting, disseminating, and consuming information, such as online news startups, video such as Youtube, microblogs to evade censorship, and a global marketplace for selling software, advertising and even personal information; 2) the diffusion of mobile communications, making information available across  geographic and socio-economic boundaries, and 3) the widespread adoption of social networking services that represent exploration into the next stage of relationships between people, groups, firms, and other entities.

Digital media is also at the crux of the “global meets local” dynamic, since digital media is by nature global, but differences in economic, political, and social conditions across countries lead to wide variation in its impact. For example, digital media is argued to have been a catalyst in the Arab Spring demonstrations that led to regime shifts in Tunesia, Egypt, and then Syria, but digital media in itself may not lead directly to a regime shift in China— due to government success in sophisticated censorship and physical network design.

The Asia-Pacific provides a fascinating array of countries for examination of the political, economic, and socio-cultural effects of digital media on the modern world. Economies range from developing to advanced. Governments include varied democracies as well as one party regimes. The press enjoys relative freedom in some countries, undergoes limited constraints in others, and is tightly controlled in a few. Populations range from dense to sparse, and from diverse to relatively homogenous.

The panels were divided to discuss four major themes:

Digital Media versus Traditional Media
Around the world, digital media is disrupting traditional media such as newspapers and television. Traditional business models are undermined, new entrants proliferate, and experimentation abounds with no end-game in sight. Questions for countries with well-established traditional media include: what are the patterns for the emergence of new players? To what degree do they threaten the traditional? In countries with less diffused traditional media, what are the opportunities enjoyed by digital media? 

Beyond business models, the social and political functions of digital media may differ from those of traditional media—particularly where traditional media is subject to close governmental control. Who are the new entrants, and what new functions do they provide?  Have traditional media failed as sources of information? What shifts have occurred in how people get information, and how does this differ across countries?

Digital Media and Political Change in Asia
Digital media opens up vast new information flows that can influence political change. From the perspective of grass-roots movements and civil society, digital media provides new tools to congregate, coordinate, and demonstrate. Governments that strongly control civil society, such as China and Vietnam, were alert to the role digital media played in the Arab Spring. What is the potential for digital media in civil society and democratization? In democratic countries such as Japan, South Korea, or India, how is digital media transforming civil society? For example, Japan’s peaceful anti-nuclear demonstrations, coordinated through digital media, displayed an entirely new pattern.

From the perspective of governments, digital media presents not only challenges, but new opportunities to monitor, gather information, and respond to the public. In strong state countries, control of information flows to the people, and gathering of information about people are the cornerstones of state control. How are these states adapting their attempts at controlling media in the face of pervasive digital media? In democratic systems, deciding what information to channel to which voters at what point in election cycles is a critical part of any electoral strategy. How are governments and parties using digital media to reach their constituencies, and what is their effectiveness?

Social Change and Economic Transformation
As a core part of the IT revolution, digital media has opened up new domains of innovation that transforms industries and economies. For advanced countries, it raises serious questions about how best to profit from digital platforms whose underlying technology is increasingly controlled by American multinational firms. For developing countries, the question is how to best take advantage of the world-class computing resources, global markets, and extensive reach enabled by the technological platforms underlying digital media. Instruments such as smartphones and the digital content conveyed on those devices are altering interpersonal relations and even the struggle against poverty in societies such as India.

The advent of social network services is also altering how we conceive of social connections. How do these networks affect groups such as the Korean or Filipino diasporas, and what are the implications for identity, “imagined communities,” and group identification. In what ways is the cohesiveness of groups enhanced by connections such as Facebook or Twitter, and in what ways are groups fragmented along interest cleavages, with people exposed to only ideas and groups of their choice. How does digital media impact social change and how does that impact lead to economic transformation in both developed and developing countries?

Digital Media and International Relations
The growth of digital media produces a powerful and sometimes troubling impact on international relations in the Asia-Pacific region. It can provide greater cultural understanding and regional integration but also aggravate tensions.  Cultural phenomenon such as the wildly popular Korean pop star Psy (of “Gangnam Style” fame) arise from the availability of digital media allowing a video to ‘go viral’ on a global scale in weeks. Conversely, tensions over territorial and historical issues in Northeast and Southeast Asia gain credence and momentum from discussion on digital media platforms, often pushing governments to act in ways detrimental to peace and stability. How does digital media influence international relations in the region? Is it a force for positive change or a source of instability? Finally, the rules governing critical parts of the physical infrastructure upon which digital media depend, such as governance of the Internet are increasingly contested in the international domain.

The fifth Stanford Kyoto Trans-Asian Dialogue focused on these issues surrounding the impact of digital media. The Dialogue brought together scholars, policy experts, and practitioners from the media, from Stanford University and from throughout Asia. Selected participants will start each session of the Dialogue with stimulating, brief presentations. Participants from around the region engaged in off-the-record discussion and exchange of views. The final report from the Dialogue will be published on this page as soon as it has been completed.

The Walter H. Shorenstein Asia-Pacific Research Center (Shorenstein APARC) established the Stanford Kyoto Trans-Asian Dialogue in 2009 to facilitate conversation about current Asia-Pacific issues with far-reaching global implications. Scholars from Stanford University and various Asian countries start each session of the two-day event with stimulating, brief presentations, which are followed by engaging, off-the-record discussion. Each Dialogue closes with a public symposium and reception, and a final report is published on the Shorenstein APARC website.

Previous Dialogues have brought together a diverse range of experts and opinion leaders from Japan, South Korea, China, Vietnam, Thailand, Indonesia, Singapore, India, Australia, and the United States. Participants have explored issues such as the global environmental and economic impacts of energy usage in Asia and the United States; the question of building an East Asian regional organization; and addressing the dramatic demographic shift that is taking place in Asia.

The annual Stanford Kyoto Trans-Asian Dialogue is made possible through the generosity of the City of Kyoto, the Freeman Spogli Institute for International Studies at Stanford University, and Yumi and Yasunori Kaneko.

ABOUT THE SPEAKER: Elaine Korzak joined CISAC in September 2013 as a predoctoral cybersecurity fellow. She is a PhD student in the Department of War Studies at King's College London. Elaine's thesis evaluates how cyber attacks challenge current legal norms and whether the identified challenges ultimately warrant a new legal framework. The analysis focuses on two areas in particular: international law on the use of force (jus ad bellum) and international humanitarian law (jus in bello). During her time at CISAC, Elaine is conducting empirical research examining states' responses to the legal challenges created by cyber attacks. Her analysis focuses on various state positions in key international forums, including the United Nations and the International Telecommunication Union.

Elaine earned a Bachelor's degree in International Relations from the University of Dresden (Germany) before focusing her research interests at the interface of international law and security studies. She holds both an MA in International Peace and Security from King's College London and an LL.M in Public International Law from the London School of Economics. Her professional experience includes various governmental and non-governmental institutions (both national and international), where she has worked on various disarmament and international security issues. These include, most recently, NATO's Cyber Defence Section as well as the European Commission's Director-General on Information Society and Media.

ABOUT THE TOPIC: With their unique characteristics such as swiftness, its non-kinetic nature and anonymity, computer network attacks fundamentally challenge the current international legal paradigm which is based on a state-centered concept of armed force involving some degree of kinetic energy transfer through blast and fragmentation. It has been argued that a revolution in military affairs has been ushered in by technological advancements that cannot be accommodated within the existing legal framework. Both practitioners and scholars have called for a new regulatory framework to govern computer network attacks. This presentation will give an overview of Elaine's doctoral research project which evaluates these claims by examining if and how computer network attacks challenge key norms of international law on the use of force and international humanitarian law and whether the identified challenges ultimately warrant a new legal framework.   

Professor Yu Keping will systematically survey the dominant processes and key issues of China’s governance changes over the last 30 years since reform. His talk will summarize the major achievements and the ongoing problems of this 30 year long process. It will offer a brief analysis of the underlying reasons for these reforms and the main characteristics of China’s governance model. After enumerating an array of factual evidence, Yu will show that the drive behind China’s governance reforms stems from unitary governance to pluralist governance, centralization to decentralization, rule of man to rule of law, regulatory government to service oriented government, and from internal party democracy to the people’s democracy.

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Dr. YU Keping is the Deputy President of the Central Compilation & Translation Bureau (CCTB), and the founding Director of the China Center for Global Governance and Development (CCGGD). He also serves as Prof. and Director of the Center for Chinese Government Innovations at Peking University, and Prof. and Director of the Institute of Political Development at Tsinghua University. He was a visiting professor or senior fellow at many top universities, including Harvard University, Duke University in the US and Free University in Berlin. His fields of expertise include political philosophy, comparative politics, globalization, civil society, governance and politics in China. Among his many books are Governance and Rule of Law in China (ed., Brill, 2012) and Democracy Is A Good Thing (Brookings, 2010).  As a leading intellectual in China, Professor Yu was selected as one of the “30 most influential figures in the past 30 years since the reform in China” in 2008 and ranked 19 in “2011 Global Top 100 Thinkers” by Foreign Policy in the US.

Abstract:

In less than three decades, Taiwan has transformed from a repressive, authoritarian state into a vibrant democracy. Changes to the legal system, and particularly the criminal justice system, have played a central role in this story. Reform-minded politicians, lawyers, judges, prosecutors, and scholars have been crucial advocates for strengthening human rights protections, as has Taiwan’s Constitutional Court. Since the end of martial law, the Court has vigorously given heft to rights enshrined in the Republic of China’s constitution. Now that Taiwan has adopted the contents of the International Covenant on Civil and Political Rights as domestic law, it is an opportune moment to reflect on Taiwan’s journey towards embracing international human rights norms and to confront remaining challenges. The situation across the strait is markedly different. Today, Taiwan’s Constitutional Court has no counterpart on the Mainland and analogues to Taiwan’s former police-controlled punishments remain in full effect. As calls for reform on the Mainland become increasingly vocal, how might Taiwan’s experience inform efforts to increase human rights protections in the People’s Republic of China? 

Speaker Bio:

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Maggie Lewis joined Seton Hall Law School as an Associate Professor in 2009. She is a Term Member of the Council on Foreign Relations, a Public Intellectuals Program Fellow with the National Committee on U.S.-China Relations, and an Affiliated Scholar of NYU School of Law’s U.S.-Asia Law Institute. Her recent publications have appeared in the Columbia Journal of Transnational Law, NYU Journal of International Law and Politics, Columbia Journal of Asian Law, and Virginia Journal of International Law. She is also the co-author of the book Challenge to China: How Taiwan Abolished Its Version of Re-Education Through Labor with Jerome A. Cohen. 

Most recently before joining Seton Hall, Professor Lewis served as a Senior Research Fellow at NYU School of Law’s U.S.-Asia Law Institute where she worked on criminal justice reforms in China. Following graduation from law school, she worked as an associate at the law firm of Cleary, Gottlieb, Steen & Hamilton in New York City. She then served as a law clerk for the Honorable M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit in San Diego. After clerking, she returned to NYU School of Law and was awarded a Furman Fellowship.

Professor Lewis received her J.D., magna cum laude, from NYU School of Law, where she was inducted into the Order of the Coif and was a member of Law Review. She received her B.A., summa cum laude, from Columbia University. In addition, she has studied at the Hopkins-Nanjing Center for Chinese and American Studies in Nanjing, China, and Bucerius Law School in Hamburg, Germany. 

Faculty and students of Peking University have been at the forefront of China’s modern history.  The social impact of the university has been enormous.  Its educational philosophy needs to continually evolve, especially as China has developed in the last few decades at historically unprecedented rates.  President Wang will discuss these changes, how the university copes with new challenges, and how the globalization of Peking University fits into his vision for the future.

Wang Enge was appointed President of Peking University in 2013. He obtained his B.S. and M.S. in theoretical physics from Liaoning University in 1982 and 1985 respectively and received his Ph.D. from Peking University in 1990. He served as Director of the Institute of Physics (CAS) (1999-2007), Founding Director of the International Center for Quantum Structures (2000), Director of the Beijing National Laboratory for Condensed Matter Physics (2004-2009), CAS Deputy Secretary-General (2008-2009), and Executive President of CAS Graduate University (2008-2009).  President Wang is a member of the Chinese Academy of Sciences (CAS) and the Academy of Sciences for the Developing World (TWAS), as well as a fellow of the American Physical Society and the Institute of Physics (UK). He has been a JSPS professor of Tohoku University (Japan), an AvH Scholar of Fritz-Haber Institute der MPG (Germany), a KITP Visiting Professor at the University of California, Santa Barbara (USA), a Visiting Professor at the University of California, Berkeley (USA), a Visiting Professor at the International Centre for Theoretical Physics (Italy), and a GCEP Scholar at Stanford University.

A reception will follow immediately afer this talk