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1. The EU–US Data Protection Framework: Balancing Economic, Security and Privacy Considerations

Author:
Federica Marconi
Publication Date:
09-2023
Content Type:
Commentary and Analysis
Institution:
Istituto Affari Internazionali
Abstract:
The rapid evolution of digital technology has ushered in a data-centric economy, where data accessibility drives marketplace efficiency and economic growth across various industries. However, this shift, while offering numerous benefits, introduces significant privacy and data security challenges, particularly in the context of transatlantic data transfers. Considering the vast economic ties between the EU and the US, the transatlantic data flow vividly illustrates the complexities involved in governing and transferring data. It grapples with the ongoing challenge of striking a satisfactory balance between economic advantages stemming from data utilisation and various concerns pertaining to national security, digital sovereignty and individual rights. In recent years, the European Commission approved two different frameworks on transatlantic data flow – Safe Harbour in 2000[1] and Privacy Shield in 2016[2] – asserting that the US provided a level of data protection for data transfers essentially equivalent to that guaranteed in the EU. However, despite initial optimism, both adequacy decisions faced a significant setback when the Court of Justice of the European Union invalidated them in what is commonly referred to as the “Schrems saga”,[3] named after the Austrian activist who first challenged both frameworks before the European Court. The core arguments centred on the absence of adequate safeguards for personal data within US domestic law and the extent of state surveillance over such data when it was transferred, as initially disclosed by Edward Snowden in 2013.[4] This legal development led to a period of significant uncertainty and further heightened the ongoing debate concerning the regulation of transatlantic data transfer. To address the consequences of this legal turmoil, both EU and the US committed to establishing “a renewed and sound framework for transatlantic data flows”,[5] seeking a long-term solution to address the complexities of data privacy and security, eventually leading to the recently adopted EU–US Data Privacy Framework (“DPF”).
Topic:
Security, Economics, Political Economy, European Union, Privacy, Transatlantic Relations, and Digital Policy
Political Geography:
Europe and United States of America

2. Weaponizing Privacy and Copyright Law for Censorship

Author:
Courtney C. Radsch
Publication Date:
05-2023
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Freedom of the press is facing growing restrictions from technology policies that censor the media under the guise of protecting privacy. US and European copyright and privacy laws transcend borders and affect how news media can operate globally. Fundamental journalistic practices such as the ability to claim fair use and conduct investigative reporting in the public interest are under threat. This paper examines the global impact of techno-legal regimes such as the US Digital Millennium Copyright Act and the EU Directive on Copyright in the Digital Single Market (Copyright Directive), and the “right to be forgotten” and the EU General Data Protection Regulation. The misuse of regulations developed in the Global North is particularly detrimental to media outlets in the Global South, which regularly face censorship. This paper offers solutions to protect news media from the silencing efforts of powerful government and business actors.
Topic:
Intellectual Property/Copyright, Governance, Privacy, Internet, Journalism, Censorship, and Freedom of Press
Political Geography:
Europe and United States of America

3. 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

4. Technology Factsheet: Quantum Computing

Author:
Akhil Iyer
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Quantum computing refers to the use of quantum properties—the properties of nature on an atomic scale—to solve complex problems much faster than conventional, or classical, computers. Quantum computers are not simply faster versions of conventional computers, though they are a fundamentally different computing paradigm due to their ability to leverage quantum mechanics. Harnessing quantum properties, namely the ability for the quantum computer bits (called “qubits”) to exist in multiple and interconnected states at one time, opens the door for highly parallel information processing with unprecedented new opportunities. Quantum computing could potentially be applied to solve important problems in fields such as cryptography, chemistry, medicine, material science, and machine learning that are computationally hard for conventional computers. Although it is still unclear which specific tasks can benefit from parallelized quantum processing, known as quantum parallelism, it is expected that solutions to a number of problems, especially those related to optimization, can be greatly accelerated by using a quantum computer. Though the field is still in its early stages, the anticipated opportunities offered by the unique computational power of quantum computers have attracted investment from not only research universities, but also startups, technology giants like Google, IBM and Microsoft, and directed investment by governments around the world. This cross-sectoral ecosystem has supported recent progress in underlying hardware, software, and algorithms necessary to make the computers work. The field has seen rapid advancement, however systems that can accomplish various kinds of computation, and especially those that can be commercially viable, are still likely to be decades away. There are expected to be some near- term applications on the horizon though, making quantum computing as relevant as ever. Currently, U.S. governance and regulation regarding quantum computing—a subset of the broader field of quantum information science, which also encompasses quantum communication and quantum sensing—focus on investments in the technical knowhow, collaborative research ecosystem, and human capital required to advance the technology. Given quantum computing’s potential for impact, especially in the fields of digital security, healthcare, energy, and machine learning and artificial intelligence, it is important for policymakers to understand the likely trajectories of the technology over the coming decades, as well as the pace of development both within the U.S. and abroad. Furthermore, policymakers must consider how to effectively promote the development, application and implementation of general-purpose quantum technologies to realize their larger economic and social benefits, while simultaneously mitigating foreseeable risks to privacy, safety, security, and inclusion.
Topic:
Security, Science and Technology, Governance, Regulation, Privacy, and Quantum Computers
Political Geography:
United States of America

5. Moving the Encryption Policy Conversation Forward

Author:
Encryption Working Group
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Strong data encryption thwarts criminals and preserves privacy. At the same time, it complicates law enforcement investigations. A Carnegie working group looks to move the debate forward.
Topic:
Security, Science and Technology, Law Enforcement, and Privacy
Political Geography:
Global Focus and United States of America

6. 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

7. 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

8. How Much Does a “Privacy” Weigh?

Author:
Paul Rosenzweig
Publication Date:
07-2019
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Benjamin Franklin is famous, in part, for having said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” Though historical evidence suggests Franklin’s quote has been misinterpreted,[1] the aphorism has come to stand for the proposition that privacy and security stand in opposition to each other, where every increase in security likely results in a commensurate decrease in privacy, and vice versa. ​ Couched in those terms, the privacy/security trade-off is a grim prospect. We naturally want both privacy and security to the greatest extent possible. But Franklin tells us this is impossible — that privacy and security are locked in a zero-sum game where the gain of one comes only at the loss of the other. ​ Of course, this characterization is assuredly flawed; it is certainly possible to adopt systems that maximize both privacy and security in a Pareto optimal way. That is one of the reasons why so many privacy and security experts simply revile the “balancing” metaphor — it obscures more than it illuminates... ​
Topic:
Security, Science and Technology, Cybersecurity, and Privacy
Political Geography:
Global Focus and United States of 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