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21. Non-Consensual Intimate Image Distribution: The Legal Landscape in Kenya, Chile and South Africa

Author:
Michelle Bordachar, Nonhlanhla Chanza, Kailee Hilt, Carlos Lara, Emma Monteiro, and Grace Mutung'u
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The non-consensual distribution of intimate images, colloquially referred to as “revenge pornography” or “image-based sexual abuse,” is an unforgiving reality that continues to plague the lives of many within the current digital landscape. It alludes to the non-consensual distribution of photos or videos depicting nudity, partial nudity or sexually explicit acts. This paper provides an overview of the state of the law, both existing and proposed, in three countries in the Global South — Kenya, Chile and South Africa — as it relates to the non-consensual distribution of intimate images. It was prepared under the overall coordination of CIGI’s Kailee Hilt and Emma Monteiro, who also wrote the introduction and conclusion. The three case studies were written by leading experts from Kenya, Chile and South Africa. The authors discuss current and proposed legislation in response to non-consensual intimate image distribution, while also sharing recommendations for further action to address this growing form of gender-based violence within the digital sphere. On June 24, 2021, CIGI held a panel discussion on this topic moderated by Ruhiya Seward, senior program officer at the International Development Research Centre. Grace Mutung’u, Michelle Bordachar and Nonhlanhla Chanza, experts who contributed the case studies in the paper, spoke about this issue as it pertains to Kenya, Chile and South Africa, respectively, and offered recommendations and road maps for further action within the existing landscape.
Topic:
Rule of Law, Sexual Violence, Judiciary, Digital Culture, and Digitization
Political Geography:
Kenya, Africa, South Africa, South America, and Chile

22. TRIPS-Past to TRIPS-Plus: Upholding the Balance between Exclusivity and Access

Author:
James Bacchus
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
A deadly global pandemic and other unique circumstances have combined to present the World Trade Organization (WTO) with an opportunity to modernize its rules for the trade-related aspects of intellectual property (IP) rights. The best place to begin is with a full realization of the negotiated balance between exclusivity and access in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). There is the need to turn the “TRIPS-past” of WTO IP rules agreed in 1995 into the “TRIPS-plus” of improved rules more fit to purpose for the twenty-first century. New rules are needed to help spark new innovations of all kinds and the rapid spread of those innovations worldwide, including rules relating to intangible assets and especially to digital expressions of IP. Continuing questions over the extent to which the TRIPS Agreement protects the exclusivity of IP rights in COVID-19 vaccines underscore how much uncertainty remains about where the line of this balance is in this multilateral trade agreement, and also how much doubt still exists about whether that line is in the right place.
Topic:
International Cooperation, International Trade and Finance, Intellectual Property/Copyright, Multilateralism, Pandemic, COVID-19, and WTO
Political Geography:
Global Focus

23. Could Trade Agreements Help Address the Wicked Problem of Cross-Border Disinformation?

Author:
Susan Ariel Aaronson
Publication Date:
07-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Whether produced domestically or internationally, disinformation is a “wicked” problem that has global impacts. Although trade agreements contain measures that address cross-border disinformation, domestically created disinformation remains out of their reach. This paper looks at how policy makers can use trade agreements to mitigate disinformation and spam while implementing financial and trade sanctions against entities and countries that engage in disseminating cross-border disinformation. Developed and developing countries will need to work together to solve this global problem.
Topic:
International Cooperation, International Trade and Finance, Borders, and Disinformation
Political Geography:
Global Focus

24. Supply Chain Regulation in the Service of Geopolitics: What’s Happening in Semiconductors?

Author:
Dieter Ernst
Publication Date:
08-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Supply chain regulation can be a formidable tool to protect a country’s resilience against unexpected disruptions of trade, investment and the supply of skilled labour. Its utility, however, may erode when geopolitics rather than economics becomes the primary objective. This paper examines the implementation problems and the unintended consequences of a new supply chain doctrine in the service of geopolitics, with a focus on US President Joe Biden’s Executive Order on America’s Supply Chains to protect US technological leadership and national security against China. With semiconductors as a primary target, America’s supply chain controls are designed to exploit China’s most glaring weaknesses as supply chain chokepoints that the US Commerce Department can block, thus impeding timely and cost-effective access to essential products, services and technologies. The paper also highlights a second defining characteristic of America’s supply chain doctrine — regulatory supply chain controls are combined with a big push in domestic semiconductor manufacturing. Three propositions are presented as guideposts for further research. The paper concludes with a brief discussion of the implications for future US supply chain control against China: Will the quest for improved supply chain resilience succeed in mobilizing enough forces to shift the focus of US policy away from supply chain regulation in the service of geopolitics?
Topic:
International Cooperation, Labor Issues, Regulation, Rivalry, and Supply Chains
Political Geography:
China, Asia, North America, and United States of America

25. Fintech for Good: Governance Mechanisms for Sustainable Development

Author:
Olaf Weber and Sep Pashang
Publication Date:
09-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Financial technology (fintech) for good can help to achieve sustainable development through environmental, social and governance investing, and through financial inclusion initiatives to address the needs of underbanked and unbanked individuals. Although the COVID-19 pandemic has necessitated greater dependence on digital banking technologies, the lack of cohesive governance and regulatory mechanisms around fintech in Canada and abroad is an obstacle toward achieving the UN Sustainable Development Goals. The authors of this paper argue that better governance and regulatory frameworks are needed to minimize the risks associated with fintech for good while maximizing its benefits.
Topic:
Development, Science and Technology, United Nations, Governance, Sustainable Development Goals, Innovation, and Sustainability
Political Geography:
Canada and North America

26. Listening to Users and Other Ideas for Building Trust in Digital Trade

Author:
Susan Ariel Aaronson
Publication Date:
09-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper argues that if trade policy makers truly want to achieve data free flow with trust, they must address user concerns beyond privacy. Survey data reveals that users are also anxious about online harassment, malware, censorship and disinformation. The paper focuses on three such problems, specifically, internet shutdowns, censorship and ransomware (a form of malware), each of which can distort trade and make users feel less secure online. Finally, the author concludes that trade policy makers will need to rethink how they involve the broad public in digital trade policy making if they want digital trade agreements to facilitate trust.
Topic:
Science and Technology, Digital Economy, Innovation, and Trade
Political Geography:
Global Focus

27. Policing the Dark Web: Legal Challenges in the 2015 Playpen Case

Author:
Michael Chertoff and Eric Jardine
Publication Date:
11-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The dark web is now a common platform for criminal activity, especially in liberal democratic regimes. The anonymity of the system gives rise to emergent use as a host of terrorist sites, gun marketplaces, drug bazaars, malicious software fora and pernicious child abuse content boards. Law enforcement can effectively police the dark web through a number of techniques, but the most technologically intensive approaches — known more euphemistically as “network investigative techniques”— raise a number of legal quandaries as their use collides with long-standing legal principles in liberal democratic regimes. Finding ways to minimize the excesses of the dark web through active law enforcement engagement, while also preserving the legal bedrock of liberal democratic societies, is key. The authors explore these issues using the Federal Bureau of Investigation’s 2015 closure of the darknet Playpen child pornography site as a case study.
Topic:
Law Enforcement, Internet, Digital Culture, and Dark Web
Political Geography:
North America and United States of America

28. Non-binary TikTokers in Latin America: Sharing Debates and Circumventing Censorship

Author:
Florencia Goldsman
Publication Date:
11-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper presents the findings of a research project carried out focusing on the #nonbinary community on TikTok in Latin America. The project was interested in exploring how gender violence and censorship impact their content in this space. A semantic analysis of their posts seeks to establish some topics that appear to be the main issues for individuals who identify as lesbian, gay, bisexual, transgender, queer or questioning and other sexualities on this platform. The findings suggest that they use the platform in different ways to avoid censorship and reinforce the search for freedom of expression online. On November 25, 2021, join CIGI for a virtual discussion, Gender-Based Censorship: The Silencing of Voices in Digital Spaces, moderated by Suzie Dunn and featuring the paper’s author, Florencia Goldsman.
Topic:
Social Media, LGBT+, Censorship, Identity, and TikTok
Political Geography:
South America, Latin America, and North America

29. Scoping AI Governance: A Smarter Tool Kit for Beneficial Applications

Author:
Maroussia Levesque
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Artificial intelligence (AI) systems can be used to promote equality and non-discrimination, but without the right AI governance strategies, they can have the opposite effect. This paper aims to provide policy makers with the tools they need to build beneficial AI systems. Harmful biases in AI systems often disproportionately affect racialized, low-income and minority groups. For example, algorithms that over- or underestimate scores create false-positive and false-negative results that can perpetuate systemic discrimination. Policy makers can address these concerns through interventions and regulations that promote AI fairness.
Topic:
Governance, Minorities, Discrimination, and Artificial Intelligence
Political Geography:
Global Focus

30. Accounting for the Digital Economy: Time for a Fresh Approach

Author:
Patricia Meredith
Publication Date:
02-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Accounting standards that are used for tangible assets are not suitable for today’s digital economy, which is fuelled by intangible assets. These standards need to reflect the shift in focus from tangible to intangible assets in order for the digital economy to thrive. Intangible assets such as design branding and software are not recognized by current accounting standards unless they are purchased from a third party. Without a shift in mindset that recognizes intangible assets and reflects the new economic reality, challenges will arise in making loans and investments and in taxing value creation. The accounting profession cannot act alone in making the shift and will need support from policy makers and regulators, investors, creditors and directors to make the necessary changes.
Topic:
Finance, Digital Economy, Investment, and Digitization
Political Geography:
Global Focus

31. International Intellectual Property after the New NAFTA

Author:
Jeremy de Beer
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The Canada-United States-Mexico Agreement (CUSMA) is the new high-water mark in international intellectual property (IP) law. CUSMA includes most of the Trans-Pacific Partnership provisions that were suspended in the Comprehensive and Progressive Trans-Pacific Partnership, except for a few pharmaceutical-related provisions amended after signing. Canada will be required to make meaningful changes to domestic IP laws, including copyright term extension, criminal penalties for tampering with digital rights management information, restoration of patent terms to compensate for administrative and regulatory delays, broader and longer protection for undisclosed testing data and other data, new civil and criminal remedies for the misappropriation of trade secrets, and additional powers for customs officials to seize and destroy IP-infringing goods.
Topic:
International Trade and Finance, Regional Cooperation, Intellectual Property/Copyright, NAFTA, and USMCA
Political Geography:
United States, Canada, North America, and Mexico

32. Regional Financial Arrangements and the International Monetary Fund: Sustaining Coherence in Global Financial Governance

Author:
C. Randall Henning
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Cooperation and competition among regional financial arrangements (RFAs) and the International Monetary Fund (IMF) increasingly determine the effectiveness of the global financial safety net (GFSN), which many observers fear is becoming fragmented. Overlap among these crisis-fighting institutions has important benefits but also pitfalls, including with respect to competition, moral hazard, independence, institutional conflict, creditor seniority and non-transparency. The study reviews the RFAs in Latin America, East Asia and Europe to assess their relationships with the IMF and address these problems. Among other things, it concludes: institutional competition, while harmful in program conditionality, can be beneficial in economic analysis and surveillance; moral hazard depends critically on institutional governance and varies substantially from one regional arrangement to the next; secretariats should be independent in economic analysis, but lending programs should be decided by bodies with political responsibility; and conflicts among institutions are often resolved by key member states through informal mechanisms that should be protected and developed. Findings of other recent studies on the GFSN are critiqued. Architects of financial governance should maintain the IMF at the centre of the safety net but also develop regional arrangements as insurance against the possibility that any one institution could be immobilized in a crisis, thereby safeguarding both coherence and resilience of the institutional complex.
Topic:
Governance, Surveillance, Strategic Competition, and IMF
Political Geography:
Europe, Middle East, Asia, South America, Australia, North America, and Global Focus

33. Standards for Digital Cooperation

Author:
Michel Girard
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Global data standards are urgently needed to foster digital cooperation and manage global tech platforms. No global organization is currently mandated to coordinate the development, maintenance and use of technical standards covering data value chains and policy-oriented standards covering data governance. Precedents exist where standards development work is coordinated by international organizations in sectors of the economy operating across borders, from aviation and maritime shipping to meteorology, food production, public health and the management of the internet. This paper proposes the creation of a Data Standards Task Force (DSTF), which would be entrusted with a dual mandate: enabling the development of technical standards to create data value chains and being accountable for the development of data governance standards needed by regulators to properly frame the leading big tech platforms (Facebook, Amazon, Apple, Microsoft and Google). The ultimate objective of the DSTF would be to create the required architecture for a “single data zone” where data can circulate freely between participating jurisdictions.
Topic:
Science and Technology, Social Media, Data, Digital Cooperation, and Big Tech
Political Geography:
Global Focus

34. Competing in Artificial Intelligence Chips: China’s Challenge amid Technology War

Author:
Dieter Ernst
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This special report assesses the challenges that China is facing in developing its artificial intelligence (AI) industry due to unprecedented US technology export restrictions. A central proposition is that China’s achievements in AI lack a robust foundation in leading-edge AI chips, and thus the country is vulnerable to externally imposed supply disruptions. The COVID-19 pandemic has further decoupled China from international trade and technology flows. Success in AI requires mastery of data, algorithms and computing power, which, in turn, is determined by the performance of AI chips. Increasing computing power that is cost-effective and energy-saving is the indispensable third component of this magic AI triangle. Research on China’s AI strategy has emphasized China’s huge data sets as a primary advantage. It was assumed that China could always purchase the necessary AI chips from global semiconductor industry leaders. Until recently, AI applications run by leading-edge major Chinese technology firms were powered by foreign chips, mostly designed by a small group of top US semiconductor firms. The outbreak of the technology war, however, is disrupting China’s access to advanced AI chips from the United States. Drawing on field research conducted in 2019, this report contributes to the literature by addressing China’s arguably most immediate and difficult AI challenges. The report highlights China’s challenge of competing in AI, and contrasts America’s and China’s different AI development trajectories. Capabilities and challenges are assessed, both for the large players (Huawei, Alibaba and Baidu) and for a small group of AI chip “unicorns.” The report concludes with implications for China’s future AI chip development.
Topic:
Energy Policy, Science and Technology, Sanctions, and Artificial Intelligence
Political Geography:
United States, China, Asia, and North America

35. Toward a Robust Architecture for the Regulation of Data and Digital Trade

Author:
Dan Ciuriak and Maria Piashkina
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The rapid digital transformation occurring worldwide poses significant challenges for policy makers working within a governance framework that evolved over centuries. Domestic policy space needs to be redefined for the digital age, and the interface with international trade governance recalibrated. In this paper, Dan Ciuriak and Maria Ptashkina organize the issues facing policy makers under the broad pillars of “economic value capture,” “sovereignty” in public choice and “national security,” and outline a conceptual framework with which policy makers can start to think about a coherent integration of the many reform efforts now under way, considering how policies adopted in these areas can be reconciled with commitments under a multilateral framework adapted for the digital age.
Topic:
International Trade and Finance, Reform, Digital Economy, Multilateralism, and Digitization
Political Geography:
United States, China, Europe, Asia, and North America

36. Data Is Dangerous: Comparing the Risks That the United States, Canada and Germany See in Data Troves

Author:
Susan Ariel Aaronson
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
From posting photos and videos to tracking physical activity, apps can do almost anything, but while they may seem like harmless fun, they may also pose a threat to personal data and national security. This paper compares the different responses of the United States, Canada and Germany to data risks posed by popular apps such as FaceApp, Facebook, Strava, TikTok and ToTok. These apps and many others store troves of personal data that can be hacked and misused, putting users (and the countries in which they live) at risk.
Topic:
Security, Digital Economy, Social Media, and Data
Political Geography:
United States, Europe, Canada, Germany, and North America

37. Indigenous Reserve Lands in Canada Face High Flood Risk

Author:
Jason Thistlethwaite, Andrea Minano, Daniel Henstra, and Daniel Scott
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Nearly every year, Indigenous peoples in First Nations communities face property damage, disrupted livelihoods and the severe social and psychological burdens associated with evacuation due to flooding. Perhaps the most striking example is the recurrent flooding that afflicts the Kashechewan First Nation in Northern Ontario, whose residents have been forced to evacuate their homes every spring for 17 years. Although it’s known that Indigenous communities face a greater flood risk and experience more flood emergencies than the general Canadian population, the scope and magnitude of the current threat, and how it might evolve under climate change, has been little studied. This policy brief reports on research at the University of Waterloo that is assessing, quantifying and mapping the flood risk to Indigenous peoples living on reserve lands and includes policy recommendations to help with better understanding and reducing that risk.
Topic:
Climate Change, Natural Disasters, Indigenous, and Flood
Political Geography:
Canada and North America

38. New Directions in Mining Governance and the Sustainable Development Goals in Africa

Author:
Sara Ghebremusse
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Despite Africa's wealth of natural resources, millions of its people live in extreme poverty. Effective mining governance can help Africa address this imbalance by achieving UN Sustainable Development Goal (SDG) 1 (to end poverty) and SDG 8 (to create sustainable economic growth and decent work for all). Reforms aimed at generating more revenue for national governments to address poverty and building new partnerships between public and private sectors to promote economic growth and boost employment can help achieve these goals.
Topic:
Poverty, United Nations, Natural Resources, Employment, Sustainable Development Goals, and Private Sector
Political Geography:
Africa

39. Ensuring Respect for Indigenous Cultures: A Moral Rights Approach

Author:
Brigitte Vézina
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
From commercials to movies to fashion, Indigenous artworks have been misused in ways that are offensive to the artists who created them and disrespectful of the cultures that inspired them. Using Indigenous traditional cultural expressions (TCEs) without acknowledging their sources or providing financial compensation to the artists undermines the TCEs' traditional value and amounts to cultural theft. This paper looks at protecting TCEs using copyright's moral rights approach, which provides intellectual property protection based on acknowledgement, respect and integrity.
Topic:
Arts, Intellectual Property/Copyright, Culture, and Indigenous
Political Geography:
Canada and North America

40. Cooperation in Trade in Services

Author:
Akshay Mathur and Purvaja Modak
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Over the past decade, there has been a shift in global trade from trade in goods to trade in services. Unlike goods, services are intangible and consumed by the user directly, without intermediate supervision. Thus, the only way to ensure the quality of a service is to enforce standards on the service provider. This is the responsibility of domestic sector-specific regulatory institutions established by the government. This paper examines the current state of services trade in India and Canada, considers India’s services trade with Canada and outlines a number of measures the countries could take to support services trade.
Topic:
International Cooperation, International Trade and Finance, Services, and Trade Policy
Political Geography:
Canada, India, Asia, and North America