Data Governance in the Digital Age a Cigi Essay Series
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Data Localization the Unintended Consequences of Privacy Litigation
American University Law Review Volume 67 | Issue 3 Article 6 2018 Data Localization The ninU tended Consequences Of Privacy Litigation H Jacqueline Brehmer American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/aulr Part of the Computer Law Commons, and the Privacy Law Commons Recommended Citation Brehmer, H Jacqueline (2018) "Data Localization The ninU tended Consequences Of Privacy Litigation," American University Law Review: Vol. 67 : Iss. 3 , Article 6. Available at: http://digitalcommons.wcl.american.edu/aulr/vol67/iss3/6 This Comment is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Data Localization The ninU tended Consequences Of Privacy Litigation Keywords cybersecurity threats, data localization, data privacy, Electronic Communications Privacy Act, Microsoft Ireland This comment is available in American University Law Review: http://digitalcommons.wcl.american.edu/aulr/vol67/iss3/6 NOTE DATA LOCALIZATION: THE UNINTENDED CONSEQUENCES OF PRIVACY LITIGATION H JACQUELINE BREHMER* This Note addresses a key unintended consequence of recent data privacy litigation before the European Court of Justice and the U.S. Supreme Court. Two cases—Data Protection Commissioner v. Schrems and United States v. Microsoft Corp.—contravene the principles upon which the internet was founded by removing legal and scalable mechanisms for cross-border data transfers. While these cases do not directly create data localization regimes, they highlight the irreconcilably different approaches to data privacy held by the United States and the European Union and eliminate valid options for transfer such that localization is the only remaining scalable solution. -
Canadian Privacy Law: the Personal Information Protection and Electronic Documents Act (PIPEDA)
International In-house Counsel Journal Vol. 2, No. 7, Spring 2009, 1135–1146 Canadian Privacy Law: The Personal Information Protection and Electronic Documents Act (PIPEDA) DOMINIC JAAR PATRICK E. ZELLER Legal Counsel Vice President & Deputy General Counsel Ledjit Consulting, Inc. Guidance Software, Inc. Canada United States This white paper provides a general overview of the Personal Information Protection and Electronic Documents Act (“PIPEDA”), and discusses both the privacy requirements imposed by that Act as well as the rules governing the use of electronic documents that it sets out. Overview Introduction to PIPEDA PIPEDA is the federal legislative response to growing concerns over the protection and use of personal information that is accumulated by both public and private organizations in the course of their day-to-day operations.1 The Act sets out rules governing how such information should be handled by the organizations that collect it, and under what circumstances it may be disclosed, either to third parties or to the individual who is the subject of the information. The Act contains two main parts. The first part sets out the rules governing the collection, retention and disclosure of personal information, as well as the remedies available in the event of a suspected breach. In essence, this part of the Act establishes a framework which attempts to balance the privacy rights of individuals with the needs of organizations to collect, use, and disclose personal information in the course of commercial activities. This part of the Act is discussed in sections I and II of this document. The second part of the Act describes the circumstances in which electronic alternatives may be used to fulfill legal obligations, which, under federal laws, require the use of paper documents to record or communicate information or transactions. -
Off the Grid: Pinpointing Location-Based Technologies and the Law
Off the Grid: Pinpointing Location-based Technologies and the Law Written By: Geoffrey White, Barrister & Solicitor External Counsel The Public Interest Advocacy Centre 1204 - ONE Nicholas St. Ottawa, Ontario K1N 7B7 June 2015 Copyright 2015 PIAC Contents may not be commercially reproduced. Any other reproduction with acknowledgment is encouraged. The Public Interest Advocacy Centre (PIAC) Suite 1204 ONE Nicholas Street Ottawa, ON K1N 7B7 Tel: (613) 562-4002 Fax: (613) 562-0007 E-mail: [email protected] Website: www.piac.ca Canadian Cataloguing and Publication Data ISBN 978-1-927707-03-6 Off the Grid? Pinpointing Location-Based Technologies and the Law Off the Grid? Pinpointing Location-Based Technologies and the Law Page 2 of 109 Acknowledgement Financial support from Industry Canada to conduct the research on which this report is based is gratefully acknowledged. The views expressed in this report are not necessarily those of Industry Canada or of the Government of Canada. The author would also like to thank Kent Sebastian, PIAC Student-at-Law 2014-15, Sarah Mavula, PIAC Summer Student 2014, and Jonathan Bishop, PIAC’s Research & Parliamentary Affairs Analyst, for their research and contributions. Any mistakes are solely the author’s. Off the Grid? Pinpointing Location-Based Technologies and the Law Page 3 of 109 Executive Summary Knowledge of the whereabouts of a person, and of a person’s movement patterns, can be very valuable, from a marketing perspective. Indeed, the scale and scope of the business opportunities associated with so-called location-based behavioural marketing and location- based services (collectively, location-based technologies) have been well-documented in the business literature. -
Bibliography
Bibliography [1] M Aamir Ali, B Arief, M Emms, A van Moorsel, “Does the Online Card Payment Landscape Unwittingly Facilitate Fraud?” IEEE Security & Pri- vacy Magazine (2017) [2] M Abadi, RM Needham, “Prudent Engineering Practice for Cryptographic Protocols”, IEEE Transactions on Software Engineering v 22 no 1 (Jan 96) pp 6–15; also as DEC SRC Research Report no 125 (June 1 1994) [3] A Abbasi, HC Chen, “Visualizing Authorship for Identification”, in ISI 2006, LNCS 3975 pp 60–71 [4] H Abelson, RJ Anderson, SM Bellovin, J Benaloh, M Blaze, W Diffie, J Gilmore, PG Neumann, RL Rivest, JI Schiller, B Schneier, “The Risks of Key Recovery, Key Escrow, and Trusted Third-Party Encryption”, in World Wide Web Journal v 2 no 3 (Summer 1997) pp 241–257 [5] H Abelson, RJ Anderson, SM Bellovin, J Benaloh, M Blaze, W Diffie, J Gilmore, M Green, PG Neumann, RL Rivest, JI Schiller, B Schneier, M Specter, D Weizmann, “Keys Under Doormats: Mandating insecurity by requiring government access to all data and communications”, MIT CSAIL Tech Report 2015-026 (July 6, 2015); abridged version in Communications of the ACM v 58 no 10 (Oct 2015) [6] M Abrahms, “What Terrorists Really Want”,International Security v 32 no 4 (2008) pp 78–105 [7] M Abrahms, J Weiss, “Malicious Control System Cyber Security Attack Case Study – Maroochy Water Services, Australia”, ACSAC 2008 [8] A Abulafia, S Brown, S Abramovich-Bar, “A Fraudulent Case Involving Novel Ink Eradication Methods”, in Journal of Forensic Sciences v41(1996) pp 300-302 [9] DG Abraham, GM Dolan, GP Double, JV Stevens, -
The Brain That Changes Itself
The Brain That Changes Itself Stories of Personal Triumph from the Frontiers of Brain Science NORMAN DOIDGE, M.D. For Eugene L. Goldberg, M.D., because you said you might like to read it Contents 1 A Woman Perpetually Falling . Rescued by the Man Who Discovered the Plasticity of Our Senses 2 Building Herself a Better Brain A Woman Labeled "Retarded" Discovers How to Heal Herself 3 Redesigning the Brain A Scientist Changes Brains to Sharpen Perception and Memory, Increase Speed of Thought, and Heal Learning Problems 4 Acquiring Tastes and Loves What Neuroplasticity Teaches Us About Sexual Attraction and Love 5 Midnight Resurrections Stroke Victims Learn to Move and Speak Again 6 Brain Lock Unlocked Using Plasticity to Stop Worries, OPsessions, Compulsions, and Bad Habits 7 Pain The Dark Side of Plasticity 8 Imagination How Thinking Makes It So 9 Turning Our Ghosts into Ancestors Psychoanalysis as a Neuroplastic Therapy 10 Rejuvenation The Discovery of the Neuronal Stem Cell and Lessons for Preserving Our Brains 11 More than the Sum of Her Parts A Woman Shows Us How Radically Plastic the Brain Can Be Appendix 1 The Culturally Modified Brain Appendix 2 Plasticity and the Idea of Progress Note to the Reader All the names of people who have undergone neuroplastic transformations are real, except in the few places indicated, and in the cases of children and their families. The Notes and References section at the end of the book includes comments on both the chapters and the appendices. Preface This book is about the revolutionary discovery that the human brain can change itself, as told through the stories of the scientists, doctors, and patients who have together brought about these astonishing transformations. -
Making the Cut? | SPECIAL REPORT | Sept
DATA PRIVACY & SECURITY SPECIAL REPORT SEPT. 24, 2020 After EU judges struck down the Privacy Shield data-transfer agreement, what’s next for US tech Making giants, thousands of other companies and regulatory the Cut? regimes around the world? INSIGHT | COMMENTARY | ANALYSIS Editor’s Letter Lewis Crofts MLex Editor-in-Chief We have arranged it in three thematic sections to reflect the multiple moving parts of the topic: 1) the EU court’s decision and immediate effects on Facebook and other companies; 2) the scramble by the US and EU to work out what to do about replacing the binned agreement and making SCCs more robust; and headache. A bombshell. A seismic shift. 3) the concerns and responses by other affected However dramatic you might like your countries around the world — including the UK, A metaphors, there is little doubt that EU Japan and Australia. judges delivered an extraordinarily significant We trust you enjoy reading this report and ruling on July 16. In striking down Privacy Shield, find it a useful guide to a complex, evolving issue. the EU-US data-transfer framework, they instantly The reporting here is a brief example of the threw into doubt the operations of more than insight and predictive analysis that MLex brings 5,000 US companies that relied on it. subscribers to our data privacy and security The ruling — essentially based on the failure service every day. of the mechanism to protect EU citizens’ data The stories included were all published from US government snooping — doesn’t as events unfolded, bringing our subscribers prevent companies transferring data between unrivalled insight into the significance of the EU and other foreign countries under developments and the likely next steps in an issue “standard contractual clauses.” But these can’t that will affect the operations of many thousands protect data in countries, including the US, that of businesses around the world. -
Report of Findings: Joint Investigation of Clearview AI, Inc
REPORT OF FINDINGS Joint investigation of Clearview AI, Inc. by the Office of the Privacy Commissioner of Canada, the Commission d’accès à l’information du Québec, the Information and Privacy Commissioner for British Columbia, and the Information Privacy Commissioner of Alberta OPC PIPEDA-039525/CAI QC-1023158/OIPC BC P20- 81997/OIPC AB-015017 Joint Investigation by the Privacy Commissioner of Canada (OPC), the Commission d’accès à l’information du Québec (CAI), the Information and Privacy Commissioner for British Columbia (OIPC BC), and the Information and Privacy Commissioner of Alberta (OIPC AB) into Clearview AI, Inc.’s compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), the Act Respecting the Protection of Personal Information in the Private Sector, the Act to Establish a Legal Framework for Information Technology (LCCJTI), the Personal Information Protection Act (PIPA BC), and the Personal Information Protection Act (PIPA AB) Page 1 / 29 Contents Overview ..................................................................................................................................................... 3 Background ............................................................................................................................................... 5 Issues .......................................................................................................................................................... 6 Methodology ............................................................................................................................................. -
Gateways, Sieves, and Domes: on the Infrastructural Topology of the Chinese Stack
International Journal of Communication 15(2021), 2669–2692 1932–8036/20210005 Gateways, Sieves, and Domes: On the Infrastructural Topology of the Chinese Stack GABRIELE DE SETA1 University of Bergen, Norway This article proposes a topological model capable of accounting for the scale and complexity of China’s digital infrastructure. Beginning with the troubled development of a submarine data cable between Los Angeles and Hong Kong, it identifies the limitations of topographical analyses of ICTs and then reviews theorizations of “the stack” as a topological model of planetary computation. To situate the stack model in the Chinese context, I draw on 3 case studies—QR codes, filtering, and cybersovereignty— exemplifying three topological configurations: the gateway, the sieve, and the dome. These configurations expand the conceptual vocabulary of the stack model at different scales, and provide useful tools for the analysis of computational infrastructures in Asia and beyond. Keywords: China, computation, infrastructure, platforms, sovereignty, stack, topology Unraveling a 12,971-km Cable In 2016, Google and Facebook announced a partnership with the Pacific Light Data Communication Co., Ltd. (PLDC), a broadband communications service provider based in Hong Kong. The partnership revolved around a 12,971-km-long submarine cable crossing the Pacific Ocean from Hermosa Beach, a town near Los Angeles, California, to Deep Water Bay, on the south of Hong Kong Island. Once completed, the Pacific Light Cable Network (PLCN) cable would afford a data transmission rate of 144 terabytes per second, connecting the United States to Hong Kong with one of the lowest latencies worldwide (Hecht, 2018). From the PLDC side, this partnership was framed as an important step in Pacific Rim networking, “the initial step in PLCN’s construction of a global network” (Moss, 2016, para. -
Canadian Cross-Border Data: Your Data May Be Heading South Even When You Are Not
Canada Institute | May 2019 Canadian Cross-Border Data: Your Data May Be Heading South Even When You Are Not By Jacqueline Orr Canadian data: what goes where? Canada is fast becoming a technology powerhouse with cities across the country such as Waterloo, Calgary, Toronto, Montreal, and Edmonton transforming into tech hubs. They promise that their research centers and internet companies are going to light the way for Canada’s innovation economy. But the state of Canada’s internet is increasingly becoming an oxymoron. While Canada’s internet economy might be self-sustaining, the Canadian internet itself is not. Issues of territoriality are fluid and unbound. This is because Canada’s network infrastructure relies on American networks to transfer and store data. But, when Canadian data enters the United States, it becomes foreign data and is not protected by the same privacy rights as those accorded to U.S. domestic data and its owners. CIRA, the Canadian Internet Registration Authority, states that three-quarters of the Canadian population spends three to four hours a day online.1 CIRA also reports 64 percent of Canadians are concerned about the security of their personal information when it is routed through the United States. Are these concerns justified? This Canada Institute briefing explores key questions about cross-border data travel to better understand the risks and opportunities facing Canadians in an increasingly inter-connected world. There is a glossary at the end of the document. Is it legal for the U.S. government to collect data from Canadians? Yes. U.S. government agencies may collect any foreign data that crosses into U.S. -
Network Sovereignty: Understanding the Implications of Tribal Broadband Networks
Network Sovereignty: Understanding the Implications of Tribal Broadband Networks Marisa Elena Duarte A dissertation submitted in partial fulfillment of the requirement for the degree of Doctor of Philosophy University of Washington 2013 Reading Committee: Cheryl A. Metoyer Raya Fidel Maria Elena Garcia David Levy Adam Moore Program Authorized to Offer Degree: Information School i © Copyright 2013 Marisa Elena Duarte ii Abstract For tribal leaders, bringing reliable, affordable broadband Internet service to Indian Country is a matter of self-determination. At this point in history, tribal leaders enforce the sovereign rights of tribes by communicating through information and communication technologies (ICTs) mobilized to work across powerful institutions. Tribal leaders who command the processes of broadband Internet deployment within their communities increase their capacity to support the health of tribal lands, waters, and peoples. Whereas freedom of expression and the exercise of all other human rights through the Internet is a human right, and the infrastructure for connecting to the Internet is essential for citizens to self-govern, so does the U.S. federal government, under obligation of the trust relationship they share with federally-recognized tribes, have a responsibility to support the deployment of broadband Internet infrastructure—including networks, devices, spectrum, technical expertise, and policies—throughout Indian Country. This qualitative inquiry reveals how tribal leaders who deploy broadband Internet to their communities must contend with national telecommunications policy, neighboring deployment strategies, regulatory matters, and the development of steady revenue streams to advance robust broadband network design and services. As each of these intersects with the sovereign rights of tribes, it is possible to conceptualize sociotechnical dimensions to future exercises of tribal sovereignty. -
A/74/130 General Assembly
United Nations A/74/130 General Assembly Distr.: General 30 July 2019 Original: English Seventy-fourth session Item 109 of the provisional agenda* Countering the use of information and communications technologies for criminal purposes Countering the use of information and communications technologies for criminal purposes Report of the Secretary-General Summary The present report has been prepared pursuant to General Assembly resolution 73/187, entitled “Countering the use of information and communications technologies for criminal purposes”. In that resolution, the General Assembly requested the Secretary-General to seek the views of Member States on the challenges that they faced in countering the use of information and communications technologies for criminal purposes and to present a report based on those views for consideration by the General Assembly at its seventy-fourth session. The report contains information on the views of Member States submitted pursuant to the aforementioned resolution. __________________ * A/74/150. V.19-08182 (E) 190819 200819 *1908182* A/74/130 Contents Page I. Introduction ................................................................... 4 II. Replies received from Governments ............................................... 4 Argentina ..................................................................... 4 Armenia ...................................................................... 6 Australia ..................................................................... 8 Austria ...................................................................... -
Data Transfers to the US Since the Schrems II
Data transfers to the U.S. since the Schrems II judgement: An analysis seeking to integrate GAFAM and major providers in the E.U. enforcement strategy Tilburg Institute for Law, Technology and Society, Tilburg University LL.M. Law and Technology Janvier Parewyck SNR 2065486 June 2021 Supervisor: Prof. Dr. Eleni Kosta Second Reader: Dr. Irene Kamara Table of Content Chapter 1 – Introduction ...................................................................................................................... 4 1.1 Background ................................................................................................................................... 4 1.2 Problem Statement ........................................................................................................................ 8 1.3 Methodology and limitations ......................................................................................................... 8 1.4 Narrative structure ......................................................................................................................... 9 Chapter 2 – Lawfulness of data transfers in EU law up to the Schrems II judgement and the invalidation of the Privacy Shield ...................................................................................................... 10 2.1 Introduction ................................................................................................................................. 10 2.2 The GDPR regime and the ‘accountability’ principle ................................................................