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1. Privacy in cross-border digital currency: A transatlantic approach

Author:
Giulia Fanti and Nadia Pocher
Publication Date:
09-2022
Content Type:
Working Paper
Institution:
Atlantic Council
Abstract:
As a growing number of countries explore Central Bank Digital Currencies (CBDCs) for the domestic context, multi-country cross-border CBDCs pilots are also proliferating. Cross-border CBDCs could make cross-border payments faster, cheaper, and simpler. However, for any cross-border CBDC to unlock these benefits and be widely adopted, it must address key concerns, chief among them risks around privacy and transparency of data. This article illustrates how various technical design choices can affect the privacy and transparency of cross-border CBDCs. For instance, architectural choices about the structure of a cross-border CBDC and representational choices about how transactions are encoded in the underlying software can have far-reaching implications for privacy and transparency—both in a domestic context and for cross-border transactions. Many of the cross-border CBDC pilot studies to date have (understandably) adopted the technical designs provided by enterprise distributed ledger platforms. However, some of these designs make tradeoffs regarding privacy, efficiency, and/or security. Whether these tradeoffs are acceptable is a matter of policy, and requires coordination between different regulators and central banks. In view of these implications—and some of the corresponding tensions that arise—we argue that the US and the EU should work together alongside other partners to create the technological and regulatory environment to enable privacy-preserving cross-border CBDCs. The US and the EU should seize the emergence of CBDCs as an opportunity to finally establish a transatlantic privacy framework, and clarify its interplay with the prevention of money laundering and financing of terrorism (AML/CFT/CPF). More broadly, both should harness the clout of their combined financial systems to develop digital asset regulation and standards with a global reach and democratic values. These regulatory developments would not only streamline regulatory guidelines, but they could also directly impact and ease the technical development of a cross-border CBDC.
Topic:
Privacy, Currency, Transatlantic Relations, and Digital Currency
Political Geography:
Europe, Canada, North America, and United States of America

2. Third Party Record Exemptions in Canada’s Access to Information Act

Author:
Matt Malone
Publication Date:
05-2022
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Artificial intelligence (AI) and automated decision making (ADM) used by and on behalf of the Government of Canada pose significant challenges to Canada’s Access to Information Act (ATIA). While the ATIA’s goal is to enhance accountability and transparency through the disclosure of records under the control of government, exemptions in the ATIA for third party records such as trade secrets make meaningful access difficult when it comes to AI and ADM. Several departments working at the epicentre of AI and ADM policy handle requests made to them through the ATIA by routinely invoking such exemptions. Citizens’ entitlements to transparency and accountability in such contexts are increasingly clashing with commercial actors’ desire to avoid or block disclosure of records.
Topic:
Governance, Privacy, Transparency, and Artificial Intelligence
Political Geography:
Canada and North America

3. A Canadian Framework for Data Reuse

Author:
Michel Girard
Publication Date:
04-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Although Canada is making progress in protecting consumers against data misuse, it needs to turn its attention to enabling data reuse. The current practices and tools in place are not conducive for data sharing. This creates a significant hurdle for data scientists and statisticians as they cannot train algorithms without large data inputs. A national framework for data reuse is needed to manage risks associated with data sharing. It should include sector-based data strategies, the certification of new classes of data professionals across data value chains, common interoperability and governance standards, and a safe and secure data transmission infrastructure. As common data-sharing spaces are needed for data reuse to occur, there is an opportunity to experiment with different data-sharing models. A national data reuse framework is essential for Canada to assert its data sovereignty and become a digital society. This is why the federal government has a critical role to play.
Topic:
Security, Privacy, Data, and Digital Policy
Political Geography:
Canada and North America

4. The Council of Europe’s Modernized Convention on Personal Data Protection: Why Canada Should Consider Accession

Author:
Colin J. Bennett
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Canada has much to gain by joining the Council of Europe’s Modernized Convention on Personal Data Protection (Convention 108+), based on its predecessor, the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. The latter remains the only binding international convention within the international privacy and data protection policy space. By joining Convention 108+, Canada would enhance its reputation as a trusted jurisdiction for personal data processing and its commitment to international privacy rights.
Topic:
International Cooperation, Privacy, and Data
Political Geography:
Canada and North America

5. Global E-Commerce Talks Stumble on Data Issues, Privacy, and More

Author:
Gary Clyde Hufbauer and Zhiyaou (Lucy) Lu
Publication Date:
10-2019
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics (PIIE)
Abstract:
In early 2019, several important members of the World Trade Organization (WTO) submitted noteworthy proposals in a realm of international commerce that has evolved faster than rules to govern it: e-commerce or digital trade. While countries agree on less controversial subjects like banning unsolicited commercial electronic messages, the three leading WTO members—China, the European Union, and the United States—have big differences in their approaches to more challenging issues: data flows, data localization, privacy invasions by data collectors, transfer of source code, imposition of customs duties and internet taxes, and internet censorship. Their differing viewpoints lead Hufbauer and Lu to conclude that the prospect of reaching a high-level WTO e-commerce agreement is not promising. To reach an agreement, either most of the contentious issues must be dropped or the number of participating countries must be sharply reduced. A WTO accord, even of low ambition, would have value if only to establish basic digital norms on matters such as banning unsolicited commercial messages and protecting online consumers from fraudulent practices. A more ambitious accord covering the controversial issues should be negotiated in bilateral and/or plurilateral/regional pacts rather than in the WTO.
Topic:
Economics, World Trade Organization, Finance, Privacy, and Data
Political Geography:
China, Europe, Asia, North America, United States of America, and European Union

6. Civilian Drones: Privacy Challenges and Potential Resolution

Author:
Ananth Padmanabhan
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This paper, authored as part of the New America US-India Public Interest Technologies Fellowship 2019, examines the privacy implications of drones in civilian airspaces. Though a technology with significant benefits, drones can also carry out extensive snooping and surveillance. As India transitions to a regulatory ecosystem supportive of drone technology, it is imperative that the attention of policy makers be directed to the various privacy harms that lie in store. Here, the different kinds of harms are mapped into two: traditional privacy challenges arising from a spatial invasion by drones into private spaces, and big data risks on account of the business models that the drone industry has paved the path for. Dealing with the first category of risks, the paper argues that serious criminal enforcement, along the lines of what some States in the United States have pursued, is imperative to safeguard the private domain from the prying eyes of third parties. It also points out serious gaps in Indian constitutional jurisprudence when it comes to structural interventions like drone surveillance, and recommends an overall assessment of the impact on privacy baseline from such technologies when the judiciary evaluates their legality against the touchstone of the fundamental right to privacy. On the second kind of risk, the paper argues for privacy dashboards that help citizens evaluate the purpose of drone operations and assess whether equipments retrofitted alongside the drone are truly required to fulfil these purposes or merely meant to gather unrestricted amount of personal and community data.
Topic:
Science and Technology, Privacy, Drones, Surveillance, and Social Policy
Political Geography:
South Asia, India, Asia, North America, and United States of America

7. Reforming the U.S. Approach to Data Protection and Privacy

Author:
Nuala O'Conner
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
Half of all Americans believe their personal information is less secure now than it was five years ago, and a sobering study from the Pew Research Center reveals how little faith the public has in organizations, whether governmental or private-sector, to protect their data—and with good reason. In 2017, there was a disastrous breach at Equifax, Yahoo’s admission that billions of its email accounts were compromised, Deep Root Analytics’ accidental leak of personal details of nearly two hundred million U.S. voters, and Uber’s attempt to conceal a breach that affected fifty-seven million accounts. Individuals are left stymied about what action they can take, if any, to protect their digital assets and identity. Nuala O’Connor Yet record-shattering data breaches and inadequate data-protection practices have produced only piecemeal legislative responses at the federal level, competing state laws, and a myriad of enforcement regimes. Most Western countries have already adopted comprehensive legal protections for personal data, but the United States—home to some of the most advanced, and largest, technology and data companies in the world—continues to lumber forward with a patchwork of sector-specific laws and regulations that fail to adequately protect data. U.S. citizens and companies suffer from this uneven approach—citizens because their data is not adequately protected, and companies because they are saddled with contradictory and sometimes competing requirements. It is past time for Congress to create a single legislative data-protection mandate to protect individuals’ privacy and reconcile the differences between state and federal requirements.
Topic:
Science and Technology, Cybersecurity, Privacy, Data, and Digitization
Political Geography:
United States and North America

8. Guide to Section 702 Reform

Author:
Gary Ashcroft and Roger Huddle
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Third Way
Abstract:
Before the end of the year, Congress must revisit the FISA Amendments Act (FAA), a law which, together with its provision known as Section 702, is one of the U.S.'s most valuable and controversial tools to combat threats to the nation. Lawmakers are considering a number of reform proposals as they decide how to reauthorize the law. While we believe it is an important tool, it has some serious flaws when it comes to Americans’ privacy. We would ask members of Congress to ensure that any reform address two problem areas in Section 702: (1) domestic law enforcement access to foreign intelligence records and (2) the international distrust of U.S. tech companies that comply with Section 702. This paper is a primer on Section 702 and reforms for that law. Part I explains how government surveillance works generally. Part II explains Section 702 specifically. Part III details reasons to reform the law to address civil liberties and economic concerns. And Part IV examines potential reforms that have been under discussion.
Topic:
Security, Privacy, Surveillance, and Civil Liberties
Political Geography:
United States and North America

9. Breaking Issue – iPhone vs. the FBI: Government Surveillance in the Post-Snowden Era

Author:
Amy Gaudion, John MacCormick, and Tony Williams
Publication Date:
04-2016
Content Type:
Video
Institution:
Clarke Forum for Contemporary Issues
Abstract:
Should Apple help the FBI unlock the iPhone used by the shooter in the recent San Bernardino attack? These panelists address this question and the significant security, legal, and technological issues it raises, particularly those connected to privacy and security.
Topic:
Security, Government, Science and Technology, Law Enforcement, Privacy, and Surveillance
Political Geography:
North America and United States of America