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1. Enforcing Smart Legal Contracts: Prospects and Challenges

Author:
Marsha Cadogan
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Blockchain technology can autonomously perform transactions across various industries and sectors without human involvement, revolutionizing how people do business. These transactions are performed through smart contracts, which consist of coded commands on the blockchain. This paper looks at how to enforce these autonomous agreements using blockchain online terms of use, focusing on common law jurisdictions, specifically Canada. Some of the advantages of buying and selling on the blockchain include reduced business-to-business transaction costs, automated business-to-consumer transactions and the ability to perform traditional services in new ways.
Topic:
Science and Technology, Blockchain, Emerging Technology, and Legal Sector
Political Geography:
Canada and North America

2. An Economic Mirage: How Canadian Universities Impact Freedom to Operate

Author:
James Hinton, Mardi Witzel, and Joanna Wajda
Publication Date:
04-2023
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Canada’s universities drive research and innovation, but when publicly funded institutions partner with foreign firms and countries, who is the biggest beneficiary? Not Canada or the Canadian economy. According to the authors of this paper, foreign entities that invest in Canadian research often take their intellectual property (IP) (and the money it generates) out of the country, leaving Canadian taxpayers holding the bill, unable to benefit from the economic return on their investment. This paper looks at the U15, a collective of some of Canada’s most research-intensive universities, accounting for 79 percent of all competitively allocated research funding in Canada and 83 percent of all contracted private sector research in Canada. With a focus on research outcomes, specifically IP, this paper examines patent data; IP ownership; and the impact on freedom to operate, an indicator of Canadian firms’ ability to commercialize their technology, to maximize Canada’s return on investment.
Topic:
Economics, Education, Higher Education, and Freedom
Political Geography:
Canada and North America

3. The Impact of Artificial Intelligence on Military Defence and Security

Author:
Daniel Araya and Meg King
Publication Date:
03-2022
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The twenty-first century is now being shaped by a multipolar system characterized by techno-nationalism and a post-Bretton Woods order. In the face of a rapidly evolving digital era, international cooperation will be critical to ensuring peace and security. Information sharing, expert conferences and multilateral dialogue can help the world’s nation-states and their militaries develop a better understanding of one another’s capabilities and intentions. As a global middle power, Canada could be a major partner in driving this effort. This paper explores the development of military-specific capabilities in the context of artificial intelligence (AI) and machine learning. Building on Canadian defence policy, the paper outlines the military applications of AI and the resources needed to manage next-generation military operations, including multilateral engagement and technology governance.
Topic:
Security, Defense Policy, Military Strategy, and Artificial Intelligence
Political Geography:
Canada and North America

4. The Digital Silk Road and China’s Influence on Standard Setting

Author:
Alex He
Publication Date:
04-2022
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
China is striving to become a leader in international standard setting, and the Digital Silk Road, part of China’s Belt and Road Initiative to expand its global infrastructure and markets, is key to realizing this goal. Both roads depend on standard connectivity, fuelled by Chinese private companies that are the driving force behind China’s growing role as a leader in technology development and shaping standards in both domestic and global markets. However, China faces strong competition to gain more influence in international standard-setting bodies, which are dominated by the European Union and the United States.
Topic:
Infrastructure, Digital Economy, Trade, Digital Culture, Silk Road, and Digitalization
Political Geography:
China, Europe, Asia, North America, and United States of America

5. Next-Generation Technology and Electoral Democracy: Understanding the Changing Environment

Author:
Samantha Bradshaw, Kailee Hilt, Eric Jardine, Florian Kerschbaum, Ulrike Klinger, Michael Pal, Aaron Shull, and Wesley Wark
Publication Date:
03-2022
Content Type:
Special Report
Institution:
Centre for International Governance Innovation
Abstract:
Democracies around the world are facing growing threats to their electoral systems in the digital age. Foreign interference in the form of dis- and misinformation has already influenced the results of democratic elections and altered the course of history. This special report, the result of a research project conducted in partnership with the Konrad-Adenauer-Stiftung (KAS) Canada, examines these cyberthreats from a Canadian and German perspective. Both Canada and Germany share common goals centred around protecting human rights, democracy and the rule of law, and international peace and security. Using case studies from experts in fields such as computer science, law and public policy, the special report offers recommendations to guide policy makers and stakeholders on how to protect elections from next-generation technologies and the threats they pose to democracy.
Topic:
Environment, Science and Technology, Elections, Democracy, and Emerging Technology
Political Geography:
Europe, Canada, Germany, and North America

6. The Digital Economy Partnership Agreement: Should Canada Join?

Author:
Dan Ciuriak and Robert Fay
Publication Date:
01-2022
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The Digital Economy Partnership Agreement (DEPA) provides the most comprehensive template yet for a regional trade agreement tailored for the digitally transformed economy. The DEPA lays groundwork for discussions on critical areas that go beyond the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. This policy brief makes the case that joining the DEPA early would allow Canada to develop it so that it meets small, open economies’ needs and so that new provisions meet the values that Canada holds, and recommends areas for attention and collaboration with like-minded countries.
Topic:
International Cooperation, International Trade and Finance, Intellectual Property/Copyright, and Digital Economy
Political Geography:
Canada and North America

7. 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
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

8. Merger Policy for a Dynamic and Digital Canadian Economy

Author:
Keldon Bester
Publication Date:
09-2022
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
As an element of competition and antitrust law frameworks, merger policy plays an important role in preventing acquisitions that would otherwise allow incumbent firms to extinguish competitive threats and entrench their dominance. But evidence suggests that current approaches to merger law in Canada and abroad have underestimated the harms these transactions can pose to competition and overestimated the effectiveness of the remedies intended to mitigate those harms. Although relevant across the Canadian economy, this permissive treatment of mergers is particularly pronounced in digital markets, where platform business models, the importance of potential competitors and the role of intangible assets such as data as a barrier to entry test the assumptions underlying the country’s merger law. Canada’s current law and jurisprudence mean the Competition Bureau, Canada’s sole competition authority, is limited in its ability to detect potentially harmful transactions, faces material barriers to intervening and fully remedying the harms of those transactions, and is unable to assess the outcome of previous action or inaction. This paper provides recommendations for Canada to ensure its merger law is calibrated for a modern economy.
Topic:
Economics, Regulation, Digital Economy, and Digitalization
Political Geography:
Canada and North America

9. Standards for a Secure 5G Infrastructure

Author:
Michel Girard
Publication Date:
03-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Fifth-generation (5G) networks are the building blocks of the new digital economy; therefore, standardization of these networks is essential to building a strong foundation. A North American Technology Trust can help Canada, Mexico and the United States work together to develop common standards needed to build, maintain and operate a safe and reliable 5G infrastructure. These standards, guided by a 5G technology road map and safety code, will help maximize the benefits of 5G networks and related technologies for users across the continent. This policy brief is a contribution to a workshop focusing on the future of 5G in North America. The 5G Beyond Borders workshop, organized by the Wilson Center, CIGI and Tecnológico de Monterrey, discussed how strategic cooperation at the North American level can directly shape the future of 5G and lay the groundwork for expanded North American competitiveness in a range of emerging technologies.
Topic:
Regional Cooperation, Science and Technology, Infrastructure, 5G, and Emerging Technology
Political Geography:
Canada, North America, Mexico, and United States of America

10. Central Bank Digital Currency and Governance: Fit for Purpose?

Author:
Pierre Siklos
Publication Date:
04-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
As digital forms of payment become increasingly popular, especially during the COVID-19 pandemic, cash is no longer king. Central banks are turning their attention toward central bank digital currency (CBDC) to replace coins and bills and to provide other types of services through digital technology. CBDC can also facilitate cross-border transactions through the use of internationally accepted currencies such as the euro and the US dollar. This paper explores the many tailwinds and headwinds that will affect the implementation of a CBDC.
Topic:
Governance, Digital Economy, Banks, and Digital Currency
Political Geography:
North America, Global Focus, and United States of America

11. A Canadian Framework for Data Reuse

Author:
Michel Girard
Publication Date:
04-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
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

12. 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

13. 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

14. 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

15. 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

16. Reimagining a Canadian National Security Strategy

Author:
Aaron Shull and Wesley Wark
Publication Date:
12-2021
Content Type:
Special Report
Institution:
Centre for International Governance Innovation
Abstract:
This CIGI special report is a "cri de cœur" arguing for a new approach to national security strategy and honest, transparent engagement with the reality of the threats we face as a country. It outlines the key threats that we now confront: a vastly altered geopolitical environment with the rising power of China at its core, ongoing and future pandemic threats, climate change security impacts, uncontrolled technological change and the undermining of economic security. Meeting these threats requires a sovereign, made-in-Canada response that protects Canada’s democracy and national interest and that operates within an environment of informed public understanding. Canada must pivot to face looming global threats and can and must do so from a position of knowledge and strength. This special report is the culmination of a project unprecedented in scale and scope in Canada. Beginning in the fall of 2020, CIGI set out to mobilize a large and diverse set of Canadian and international experts to examine Canada’s national security landscape. The CIGI project, Reimagining a Canadian National Security Strategy, features the publication of this capstone report, authored by the project’s co-directors, alongside 10 thematic reports allowing for deeper dives into critical, present-day national security issues. This report makes a series of key policy recommendations to assist the Government of Canada in addressing the challenges of a new security environment.
Topic:
Security, National Security, Governance, and Leadership
Political Geography:
Canada and North America

17. An Emerging Opportunity for Recovery: “Modern Markets for All”

Author:
Wingham Rowan
Publication Date:
06-2021
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The growth and modernization of online labour markets have often come at the expense of workers. The platforms that cater to the gig economy aim to maximize profits while undermining worker benefits. For example, some labour platforms have been known to extract up to 30 percent of their workers’ earnings. In this policy brief, Wingham Rowan discusses how to make labour markets more equitable through a collaborative effort between government agencies and tech companies to maximize growth, opportunity and inclusion, creating “modern markets for all.”
Topic:
Science and Technology, Income Inequality, Labor Market, and Public-Private Partnership
Political Geography:
North America and United States of America

18. he Canadian Election Template: Stronger Elections at Home, Stronger Canada Abroad

Author:
Brian Klaas and Aaron Shull
Publication Date:
12-2021
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
For the last four years, the world’s most powerful champion of democratization has been largely absent from the global stage. The United States is now poised to support a far more pro-democracy agenda, with greater insistence on free and fair elections as part of American foreign policy. Indeed, US President Joe Biden has redoubled efforts by hosting a global summit for democracy, and Canadian Prime Minister Justin Trudeau has committed to partnering with the United States on supporting global democracy. Nonetheless, the current landscape is bleak. Freedom House’s metrics show 15 consecutive years of democratic decline. Unprecedented threats to elections across the world have emerged. Geopolitical adversaries have used hacking, disinformation campaigns and other information warfare attacks to destabilize democracies. Those threats rightly gained prominence after the 2016 US elections. However, while the focus shifted to international threats, domestic actors began to borrow Russian-style tactics, spreading false information and sowing doubt on election integrity. Too often, these campaigns achieve their goals — and democracy suffers.
Topic:
International Cooperation, Elections, Democracy, and Leadership
Political Geography:
Canada and North America

19. 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

20. 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