III. Policy Strategies

Both international and supranational governing bodies are already scrambling to grapple with the new economic realities caused by the pervasiveness of big data, and the future proclivity of innovations such as the internet of things. Luckily, experts have been pondering the best way to handle these issues for years. The articles and papers here are citations from the third section of Digital DNA: Disruption and the Challenges for Global Governance, and seek to untie the Gordian knot of current digital economy regulations and policies while proposing solutions of their own.

KEY WORDS:

Cloud, cloud computing, data, data centers, Amazon, cybersecurity, cybercrime, cyber crime, cyber security, digital single market, market share, Netflix, Amazon, Apple, Google, data localization

 

Peter Cowhey and Michael Kleeman, “Unlocking the Benefits of Cloud Computing for Emerging Economies—A Policy Overview,” October 2012, https://www.wto.org/english/tratop_e/serv_e/wkshop_june13_e/unlocking_benefits_e.pdf.

  • The authors highlight the increasing reliance of cloud computing in the global economy, and the opportunities present with less reliance on local, physical servers. Highlights case studies in Mexico, India, and South Africa to show how emerging economies are handling this transition.

 

Peter Mell and Tim Grance, “The NIST Definition of Cloud Computing,” U.S. National Institute of Science and Technology, Special Publication 800-145, September 2011, http://dx.doi.org/10.6028/NIST.SP.800-145

  • Under the United States Department of Commerce, the National Institute of Standards and Technology defines cloud computing and related terminology (such as Software as a Service and Platform as a Service).

 

Peter Mell and Tim Grance, “The Cloud Dividend-Part One: The Economic Benefits of Cloud Computing to Business and the Wider EMEA Economy,” The Center for Economics and Business Research, December 2010

  • Details the economic benefits of cloud computing in France, Germany, Italy, Spain, and the United Kingdom.

 

James Crabtree, “Bangalore Steps Out of the World’s Back-Office,” Financial Times, July 21, 2015

  • Illustrates Bangalore’s rebirth as India’s premier tech hub centered around three main factors: increased internet use, investment, and the concentration of coding talent.

 

“Microsoft—The Economics of the Cloud, 2010,” http://news.microsoft.com/download/archived/presskits/cloud/docs/The-Economics-of-the-Cloud.pdf.

  • Microsoft’s whitepaper on the future of cloud computing; its economics, its implications, and the hurdles to transitioning to the cloud.

 

Michael Armbrust et al., “A View of Cloud Computing,” Communications of the ACM, 53, no. 4 (April 2010)

  • The authors focus on computing becoming a utility, and the benefits of reduced upfront capital costs for would-be programmers and software developers.

 

“The 5 Largest Data Centers in the World,” Forbes, accessed May 19, 2016, http://www.forbes.com/pictures/gikh45hdm/range-international-info/#7512c4951e99

  • A slideshow showing the 5 largest data centers in the world. Range International Information Hub in Langfang, China; Switch SuperNAP in Las Vegas, Nevada; Utah Data Center in Bluffdale, Utah; Lakeside Technology in Chicago, Illinois; and QTS Metro Data Center in Atlanta, Georgia.

 

“Switch Starts 2016 as the World’s Largest Colocation Data Center to be 100% Green,” accessed July 15, 2016, https://www.supernap.com/news/switch-largest-data-center-100-percent-green.html.

  • Details Switch SuperNAP’s successful transition to 100% green energy by constructing 180-megawatts of solar generation.

 

“Silver Lining: Tech Giants Are Waging a Price War to Win Other Firms’ Computing Business,” The Economist, August 30, 2014

  • The article discusses major tech firms’ attempts to win the computing business of other firms by engaging in a sector-wide price war.

 

“The Cheap Convenient Cloud: As Cloud-Computing Prices Keep Falling, the Whole IT Business Will Change,” The Economist, April 18, 2015

  • The article discusses the implications of cheap, easily-accessible cloud computing on the IT sector.

 

“Amazon’s Cloud Puts Retail Unit in the Shade,” Financial Times, January 27, 2016

  • The piece highlights Amazon’s decentralized, localized data hubs across the world.

 

“The Big Four Cloud Providers are Leaving the Rest of the Market Behind.” Synergy Research Group, July 24, 2015.

https://www.srgresearch.com/articles/big-four-cloud-providers-are-leaving-rest-market-behind

  • Synergy details how Amazon Web Services, Microsoft, IBM, and Google control more than 50% of the world’s cloud infrastructure services market.

 

Data Center Knowledge, Special Report, “The World’s Largest Data Centers,” accessed December 13, 2014, http://www.datacenterknowledge.com/special-report-the-worlds-largest-data-centers/.

  • A report on the world’s top 10 largest data centers.

 

John Ruwitch and Paul Carsten, “Alibaba Opens First U.S. Cloud Center, Enters Hotly Contested Market,” Reuters, March 3, 2015, http://www.reuters.com/article/2015/03/04/us-alibaba-group-usa-cloud-idUSKBN0M002Y20150304.

  • The authors detail how Alibaba opened a cloud computing facility in Silicon Valley to support Chinese companies, as well as compete with U.S. companies in the cloud computing arena.

 

ABB, Powering the Cloud—ABB Infographic, 2014, accessed December 14, 2014, http://www.abb.com/product/ap/db0003db004052/e950c90f13518ffbc125788f0030bda0.aspx.

  • Infographic explaining the energy needs of data centers, and how they’re being met.

 

Daniel Castro, “The False Promise of Data Nationalism,” The Information Technology & Innovation Foundation,” December 2013, http://www2.itif.org/2013-false-promise-data-nationalism.pdf.

  • Castro explains how policymakers mistakenly believe that storing data in-country is safer and preferable to having data stored outside of its borders.

 

Jennifer Daskal and Andrew Woods, “Cross-Border Data Requests: A Proposed Framework,” Lawfare, November 24, 2015, https://www.justsecurity.org/27857/cross-border-data-requests-proposed-framework/.

  • The authors propose a framework for cross-border data requests to prevent governments from pursuing counterproductive policies that will weaken privacy.

 

 

 

John Zysman and Dan Breznitz (eds.), The Third Globalization, 2013.

  • The book details the challenges developed economies will face in the 21st century, ranging from aging populations to the transfer of good-paying, middle class jobs to other parts of the world.

 

“Partly Cloudy,” The Economist, October 17, 2015

  • The article documents the 2015 merger of Dell and EMC Corporation.

 

Jessica Twentyman, “The Connected Business: Wearables and Cars stimulate Demand,” Financial Times December 10, 2014, p. 2, http://www.ft.com/intl/cms/s/0/945c903c-7564-11e4-a1a9-00144feabdc0.html#axzz3wokP2z5y.

  • The article discusses the role of wearable smart devices in stimulating demand in the app economy.

 

Richard Waters, “The Connected Business: IT Incumbents Learn to Love the Cloud,” Financial Times, December 10, 2014

  • The article illustrates established IT companies reactions to the cloud revolution.

 

Quentin Hardy, “Google Races to Catch Up in Cloud Computing,” New York Times, July 24, 2016, http://www.nytimes.com/2016/07/25/technology/google-races-to-catch-up-in-cloud-computing.html?_r=0.

  • Hardy documents Google’s attempts to catch up to Amazon and Microsoft in the cloud computing arena.

 

http://www.statista.com/statistics/233725/development-of-amazon-web-services-revenue/.

  • Amazon Web Service’s revenue from between 2013-2016.

 

Jack Clark and Ashlee Vance, “Amazon’s Cloud Is Worth How Much?,” Bloomberg Business Week, April 27–May 3, 2015, pp. 30–31. Dan Frommer, “Amazon Web Services Is Approaching a $10 Billion-a-Year Business,” recode, April 28, 2016, http://www.recode.net/2016/4/28/11586526/aws-cloud-revenue-growth.

  • These pieces ruminate on the worth of Amazon’s cloud business, as well as revenue projections.

 

Monica Sharma, Ashwani Mehra, Haresh Jola, Anand Kumar, Madhvendra Misr, and Tiwari Vijayshri, “Scope of Cloud Computing for SMEs in India,” Journal of Computing, 2, no. 5 (May 2010): 144–149.

  • A study examining the role of cloud computing in Indian SMEs’ business practices; contains information from interviews with 30 North Indian SME IT workers.

 

Federico Etro, “The Economic Impact of Cloud Computing on Business Creation, Employment and Output in Europe,” Review of Business and Economic Literature, 54, no. 2 (2009):

  • Examines the economic impact of the gradual introduction of cloud computing, as well as its role in business creation.

 

Ann Metter and Anthony D. Williams, Wired for Growth Innovation: How Digital Technologies Are Reshaping Small and Medium-Sized Businesses (Brussels: Lisbon Council, 2012).

  • Details the opportunities for SMEs due to lower capital costs, leaving funds for expansion and product creation.

 

Hofheinz and Mandel, “Bridging the Data Gap,” 2014.

  • Created for The Lisbon Council, this piece details how digital innovation can help spur economic growth and job creation.

 

OECD, “The Impact of Internet in OECD Countries,” OECD Digital Economy Papers, No. 200, OECD Publishing (2012), http://dx.doi.org/10.1787/5k962hhgpb5d-en.

  • Written for policymakers, this piece details the ways that the internet affects economies from the individual to the government level.

 

Patrick Brogan, “U.S. Internet Usage and Global Leadership are Expanding,” USTelecom Research Brief, August 12, 2015, Charts 4 and 5, p. 6. This report uses Cisco data, http://www.ustelecom.org/sites/default/files/documents/081215%20Internet%20Usage%20%26%20Global%20Leadership.pdf

  • Data detailing internet usage in the United States and other developed economies.

 

“The Zetabyte Era—Trends and Analysis,” http://www.cisco.com/c/en/us/solutions/collateral/service-provider/visual-networking-index-vni/VNI_Hyperconnectivity_WP.html.

  • A Cisco report about the projected increase in internet traffic and usage over the next 5 years.

 

European Commission, “Why We Need a Digital Single Market,” https://ec.europa.eu/priorities/sites/beta-political/files/dsm-factsheet_en.pdf.

  • A paper arguing for an EU-wide, integrated digital ecosystem.

 

James Manyika et al., “Big Data: The Next Frontier for Innovation, Competition and Productivity,” McKinsey Global Institute, May 2011.

  • Details how the ability to analyze large data sets will unlock massive opportunities for entrepreneurs and businesses.

 

Ricardo Tavares, “Rise of the Machines,” InterMEDIA, 42, no. 3 (Autumn 2014)

 

OECD, “Exploring Data-Driven Innovation as a New Source of Growth: Mapping the Policy Issues Raised by ‘Big Data,’” January 30, 2012, http://www.oecd-ilibrary.org/science-and-technology/exploring-data-driven-innovation-as-a-new-source-of-growth_5k47zw3fcp43-en;

  • OECD paper detailing how big data can contribute to economic growth.

 

OECD, “Cloud Computing: The Concept, Impacts and the Role of Government Policy,” OECD (2014) Digital Economy Papers, No. 240, OECD Publishing, http://www.oecd-ilibrary.org/docserver/download/5jxzf4lcc7f5.pdf?expires=1468651718&id=id&accname=guest&checksum=AD29829B95723CD6E4045E67C6D1B05A.

  • OECD paper discussing the role that governments play in regulating and supporting the cloud computing industry.

 

Global Commission on Internet Governance, “One Internet,” Final Report by the Centre for International Governance and the Royal Institute for International Affairs, 2016

  • Details the potential future of the internet, ranging from a fractured and parochial internet to a common, shared internet.

 

The World Bank News, “World Bank Supports New Actions to Improve Connectivity,” November 6, 2014, http://www.worldbank.org/en/news/feature/2014/11/06/worldbank-bank-supports-new-actions-to-improve-connectivity-of-land-locked-countrieds.

  • Outlines the World Bank’s desire to ensure IT penetration into land-locked countries.

 

Cecelia Kang, “Court Backs Rules Treating Internet as Utility, Not Luxury,” New York Times, June 13, 2016, http://www.nytimes.com/2016/06/15/technology/net-neutrality-fcc-appeals-court-ruling.html.

  • Details a decision by the U.S. Court of Appeals of the District of Columbia Circuit to uphold net neutrality.

 

Anupam Chander and Ulyen P. Le, “Breaking the Web: Data Localization vs. The Global Internet,” April 2014, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2407858

  • The authors detail how data localization retards growth and the development of a vibrant, open internet.

 

Amir Nasr, “Data Localization Would Harm U.S. Economy, Tech Experts Warn,” Morning Consult, July 13, 2016, https://morningconsult.com/2016/07/13/data-localization-would-harm-u-s-economy-tech-experts-warn/.

  • Nasir discusses how increased data localization requirements across the world could hurt the American economy and businesses.

 

Irene S. Wu, Forging Trust Communities: How Technology Changes Politics (Baltimore: Johns Hopkins University Press, 2015).

  • Discusses how the internet is the 21st century public square, and how that affects politics.

 

  1. Brian Arthur, The Nature of Technology: What It Is and How It Evolves (New York: Free Press, 2011).
  • The book details technology’s innate characteristics: its evolutionary capabilities, its origins, how innovation occurs, etc.

 

Richard Gilbert and Willard K. Tom, “Is Innovation King at the Antitrust Agencies? The Intellectual Property Guidelines Five Years Later,” Antitrust Law Journal, 69, no. 1 (2001)

  • Discusses the fallout of the Microsoft antitrust case, and how antitrust agencies act to preserve competition and innovation.

 

Inge Graef, Sih Yuliana Wahyuningtyas, and Peggy Valcke, “Assessing Data Access Issues in Online Platforms,” Telecommunication Policy, 39, no. 5 (February 2015)

  • Compares and contrasts United States and European Union standards for antitrust action against companies that try to raise the access requirements for data.

 

Astra Taylor, The People’s Platform: Taking Back Power and Culture in the Digital Age (New York: Metropolitan Books, 2014).

  • Challenges the common perception of the internet as the great equalizer.

 

“Cloud Chronicles,” The Economist, August 27, 2016 http://www.economist.com/news/business/21705849-how-open-source-software-and-cloud-computing-have-set-up-it-industry

  • Details the coming collision between IT giants spurred on by open-source software and the cloud.

 

Michelle Jones, “Google, Apple, Netflix: A Trifecta To Kill Amazon?” Valuewalk, August 4, 2014 http://www.valuewalk.com/2014/08/google-apple-netflix-trifecta-kill-amazon/

  • Discusses how Amazon is being challenged by Google, Apple, and Netflix in certain sectors of its business model.

 

Tamlin Magee, “Cloud ‘Pricing Wars’: Why Google, AWS and Azure Price Cuts Should Not Be Top Priority for Cloud Customers,” ComputerworldUK, March 1, 2016, accessed May 21, 2016, http://www.computerworlduk.com/cloud-computing/what-does-cloud-pricing-war-mean-for-business-in-2016-3633765/

  • Explains how pricing isn’t the sole concern of businesses when it comes to choosing a cloud computing provider; value-added services are also a large motivator.

 

Alex Barker and Jeevan Vasagar, “Incoming EU Digital Chief Lashes out at Google,” Financial Times, October 29, 2014.

 

Robinson Meyer, “Europeans Use Google Way, Way More Than Americans Do,” The Atlantic, April 15, 2015, http://www.theatlantic.com/technology/archive/2015/04/europeans-use-google-way-way-more-than-americans-do/390612/

  • Explains how the EU citizen internet habits (and heavy reliance on Google) contribute to the EU’s antitrust against Google.

 

Matt Southern, “Bing’s Share of the Search Market Is Growing Faster Than Google’s,” Search Engine Journal, May 20, 2016, https://www.searchenginejournal.com/bings-share-search-market-growing-faster-googles/164425

  • Reports how Bing’s market share rose .2% in April of 2016, while Google experienced a .2% decrease.

 

Natalie Drozdiak and Sam Schechner, “EU Files Additional Charges against Google,” The Wall Street Journal, July 14, 2016, http://www.wsj.com/articles/google-set-to-face-more-eu-antitrust-charges-1468479516?mod=djemalertTECH.

 

Nicholas Hirst, “Google’s Winning Card against Europe: Time,” Politico, April 25, 2016, http://www.politico.eu/article/why-the-ec-may-ultimately-lose-the-android-case/.

  • Details how antitrust cases against tech companies are increasingly fruitless, as the court system is not as quick and dynamic as the economy at large; by the time a case is settle, conditions on the ground are completely different.

 

“Protection: Angela Merkel Proposes Europe Network,” BBC, February 15, 2014, http://www.bbc.com/news/world-europe-26210053.

  • Discusses Chancellor Merkel’s proposal for a European communications network to prevent the overreliance on American infrastructure (and thus having data possibly fall under the NSA’s surveillance programs)

 

Boris Marjanovic, “Facebook Is an Economic Castle Guarded by an Unbreachable Moat,” Seeking Alpha, December 22, 2014, http://seekingalpha.com/author/boris-marjanovic/articles.

  • Facebook’s social media empire (including Instagram, Messenger, and WhatsApp) have helped it develop a user database that it uses in conjunction with ad companies to generate over 90% of its revenue.

 

“European Commission, Digital Single Market—Commission Updates EU Audiovisual Rules and Presents Target Approach to Online Platforms,” May 25, 2016, http://europa.eu/rapid/press-release_MEMO-16-1895_en.htm

  • A press release explaining the EU’s decision to update its audiovisual rules due to the explosion in video sharing and decline of television.

 

Christopher Williams, “Google Faces Record-Breaking Fine for Web Search Monopoly Abuse,” The Telegraph, May 14, 2016, accessed May 21, 2016, http://www.telegraph.co.uk/business/2016/05/14/google-faces-record-breaking-fine-for-web-search-monopoly-abuse/.

  • Explains the European Commission’s desire to fine Google over its promotion of its own services in search results while denying traffic to smaller competitors.

 

Paul Mozur, “A South Korean Copy of Snapchat Takes Off in Asia,” New York Times, July 5, 2016, http://www.nytimes.com/2016/07/06/technology/snapchat-snow-korea.html.

  • Shows how culture could influence users to adopt local social network services compared to foreign ones.

 

Olga Kharif, “How Cloud Companies Are Killing Checks,” Bloomberg News,” March 12, 2015, http://www.bloomberg.com/news/articles/2015-03-12/cloud-companies-push-digital-payments-to-u-s-businesses.

  • Details the United States’ reliance on paper checks, even in the face of increased consumer demand for electronic transactions.

 

 

 

 

European Union Press Release, “Antitrust: Commission Sends Statement of Objections to Google on Android Operating System and Applications,” April 20, 2016, http://europa.eu/rapid/press-release_IP-16-1492_en.htm

  • Press release detailing the European Commission’s belief that Google violated antitrust rules by makings its search engine dominant on Android devices while making it difficult for other engines to gain traction.

 

Janakiram MSV, “6 IoT Startups That Make Connecting Things to the Cloud a Breeze,” Forbes, April 13, 2015, http://www.forbes.com/sites/janakirammsv/2015/04/13/6-iot-startups-that-make-connecting-things-to-the-cloud-a-breeze/#4110deb3308a.

  • Profiles 6 Internet of Things startups that focus on cloud services (Konekt, Temboo, TempoIQ, thethings.IO, Xively, SensorCloud).

 

Return on Now, “2015 Search Engine Market Share by Country,” http://returnonnow.com/internet-marketing-resources/2015-search-engine-market-share-by-country

  • Details the different search engine market shares across countries.

 

Brian Solomon, “Yahoo Sells to Verizon in Saddest $5 Billion Deal in Tech History,” Forbes, July 25, 2016, http://www.forbes.com/sites/briansolomon/2016/07/25/yahoo-sells-to-verizon-for-5-billion-marissa-mayer/#6e0e93a071b4.

  • Details the 2016 sale of Yahoo to Verizon (Yahoo! Japan and Yahoo’s stake in Alibaba were not included in the sale).

 

The Japan Times, Opinion, “Rakuten Forges Ahead in English,” May 23, 2015, http://www.japantimes.co.jp/opinion/2015/05/23/editorials/rakuten-forges-ahead-english/#.V5_cKTkrKrc.

  • Details Rakuten’s attempts to globalize itself by putting English at the forefront of the company’s culture.

 

Monica Alleven, “South Korea Pushes Forward on 5G, Promises Global Cooperation,” Fierce Wireless Technology, October 23, 2014, http://www.fiercewireless.com/tech/story/south-korea-pushes-forward-5g-promises-global-cooperation/2014-10-23.

  • Discusses South Korean telecomm companies’ desire to have 5G operational commercially by 2020.

 

 

Elizabeth Cole et al., “12th Five Year Plan for the Development of Cloud Computing in China,” Lexology, http://www.lexology.com/library/detail.aspx?g=a86168b8-3cb5-4fdc-93bb-17fa34d0f37e

  • The Chinese government’s plan to improve cloud computing and internet architecture in China.

 

Evonne Guan, “Chinese Search Engine Landscape—Baidu Losing to 360 and Sogou,” Daoinsights, January 28, 2015, http://daoinsights.com/chinese-search-engine-landscape-baidu-losing-to-360-and-sogou

  • Details Baidu’s eroding search engine monopoly (down nearly 30% between 2011-2014).

 

Catherine Shu, “Alibaba’s Cloud Unit Opens Its Second U.S. Data Center,” Techcrunch, October 9, 2015, https://techcrunch.com/2015/10/09/alibabas-cloud-unit-opens-its-second-u-s-data-center/

  • Details Alibaba’s AliCloud business opening its second data center in Silicon Valley.

 

Copenhagen Economics, “The Economic Impact of a European Digital Single Market, Final Report,” March 2010, http://www.epc.eu/dsm/2/Study_by_Copenhagen.pdf

  • Explains current EU moves towards a single digital market, what is left to do, and the potential economic benefits.

 

European Commission, “Digital Single Market: Audiovisual Media Services Directive,” https://ec.europa.eu/digital-single-market/en/audiovisual-media-services-directive-avmsd

  • Explains the EU’s desire to have a regulated, digital single market to achieve goals such as consumer protection and combatting prejudice.

European Commission, “Digital Single Market: Revision of the Audiovisual Media Services Directive,” https://ec.europa.eu/digital-single-market/en/revision-audiovisual-media-services-directive-avmsd

  • Details the European Commission’s attempts to increase regulatory pressure on digital media to catch up with its newfound prominence over television.

 

Joseph Nye, “Nuclear Lessons for Cyber Security,” Strategic Studies Quarterly (Winter 2011): 18–38, https://citizenlab.org/cybernorms2012/nuclearlessons.pdf

  • Details the potential insights that the world’s experience in dealing with nuclear weapons could lend to cybersecurity.

 

Ross Anderson et al., “Measuring the Cost of Cybercrime,” http://www.econinfosec.org/archive/weis2012/papers/Anderson_WEIS2012.pdf

  • A study attempting to quantifiably assess the costs of cybercrime (direct, indirect, and defense costs) in both the UK and the broader world.

 

David D. Clark and Susan Landau, “Untangling Attribution,” Harvard National Security Journal, 2, no. 2 (2011): 25–40, http://harvardnsj.org/wp-content/uploads/2011/03/Vol.-2_Clark-Landau_Final-Version.pdf

  • Discusses the difficulty of both determining the origin of cyber attacks and protecting against them.

 

Charlie Miller, “The Legitimate Vulnerability Market: Inside the Secretive World of 0-Day Exploit Sales,” Workshop on the Economics of Information Security, 2007, http://weis2007.econinfosec.org/papers/29.pdf

  • A piece explaining the black market amongst hackers for computer exploits.

 

Michael Vatis, The Council of Europe Convention on Cybercrime, Proceedings of a Workshop on Deterring Cyber-attacks: Informing Strategies and Developing Options for US Policy (Washington, D.C.: National Academies Press, 2010)

  • A compendium of essays dealing with cybersecurity and cybercrime.

 

Kenneth Cukier, Viktor Mayer-Schönberger, and Lewis Branscomb, Ensuring (and Insuring) Critical Information Infrastructure Protection, Kennedy School of Government, RWP05-055, October 2005, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=832628

  • The authors discuss the necessary steps required to protecting key information and communication networks from outside disturbances (both natural and human-caused).

 

George A. Akerlof, “The Market for “Lemons: Quality Uncertainty and the Market Mechanism,” The Quarterly Journal of Economics, 84, no. 3 (1970):

  • Details how asymmetric information in the used-car market makes it difficult for consumers to determine which automobiles were higher in quality.

 

“China Pushes Change in IT Infrastructure by Strengthening Regulation of Cyber Security,” Linklaters, April 8, 2015, http://www.linklaters.com/Insights/AsiaNews/LinkstoChina/Pages/China-pushes-change-IT-infrastructure-strengthening-regulation-cyber-security.aspx

  • Explains the China Banking Regulatory Commission’s new regulations, and what the potential impacts could be.

 

European Union, “The Directive on Security of Network and Information Systems (NIS Directive), July 6, 2016, https://ec.europa.eu/digital-single-market/en/network-and-information-security-nis-directive.

  • The first EU-wide cybersecurity legislation, emphasizing cooperation and security in areas such as banking and energy.

 

Nicole van der Meulin, Eun Jo, and Stefan Soesanto, “Cybersecurity in the European Union and Beyond: Exploring the Threats and Policy Response” (New York: RAND Corporation, 2015), http://www.rand.org/pubs/research_reports/RR1354.html.

  • A study on cybersecurity commissioned by the European Parliament to help identify the United States’ and European Union’s cybersecurity capabilities and effectiveness.

 

Jonah Force Hill, “Problematic Alternatives: MLAT Reform for the Digital Age,” Harvard National Security Journal, January 28, 2015, http://harvardnsj.org/2015/01/problematic-alternatives-mlat-reform-for-the-digital-age/.

  • Discusses the blurred jurisdictional lines in regards to criminal investigations and globally-stored data.

 

Susan Landau, Surveillance or Security? The Risks Posed by New Wiretapping Technologies (Cambridge, MA: MIT Press, 2013)

  • Evaluates the United States’ short-sighted focus on surveillance, instead of a more forward-thinking communications security strategy.

 

Jonathan David Aronson, Money and Power: Banks and the World Monetary System (Thousand Oaks, CA: Sage, 1978)

  • Analyzes the role of U.S. banks in the international monetary system.

 

Susan V. Scott and Markos Zachariadis, The Society for Worldwide Interbank Financial Telecommunication (SWIFT)—Cooperative Governance for Network Innovation, Standards, and Community (New York: Routledge, 2014)

  • A biography of sorts for SWIFT, and its growing importance in the financial services world.

 

David Sanger and Nicole Perlroth, “Bank Hackers Steal Millions via Malware,” New York Times, February 15, 2015, p. A1, 11, http://www.nytimes.com/2015/02/15/world/bank-hackers-steal-millions-via-malware.html?_r=0

  • Details a slow-motion, sophisticated cyber attack on a Ukrainian bank in Kiev.

 

“Heist Finance,” The Economist, May 28, 2016, p. 67; Michael Corkery, “Hackers’ $81 Million Sneak Attack on World Banking,” New York Times, April 30, 2016, http://www.nytimes.com/2016/05/01/business/dealbook/hackers-81-million-sneak-attack-on-world-banking.html

  • Details hackers attempting to breach Swift in order to carry out cybercrimes against financial crimes.

 

“Once Again, Thieves Enter Swift Financial Network and Steal,” New York Times, May 12, 2016, http://www.nytimes.com/2016/05/13/business/dealbook/swift-global-bank-network-attack.html

  • Details hackers again using Swift credentials in order to commit financial crimes, further showing how the old international finance infrastructure is having trouble standing up to new threats.

 

 

Devlin Barrett and Katy Burne, “Now It’s Three: Ecuador Bank Hacked via Swift,” The Wall Street Journal, May 19, 2016, http://www.wsj.com/articles/lawsuit-claims-another-global-banking-hack-1463695820

  • Explains the third in a series of cyberattacks using Swift credentials.

 

SWIFT, Customer Security Programme, May 27, 2016, https://www.swift.com/ordering-support/customer-security-programme-csp

  • SWIFT encouraging its customers to take their local cybersecurity seriously, as failures on the local end can imperil other financial institutions.

 

Jonathan Fahey, “European Sanctions Have Begun to Block the Iranian Banking System off from the Rest of the World,” Business Insider, March 15, 2012, http://www.businessinsider.com/iran-banking-swift-2012-3

  • Explains the effect of European sanctions on Iranian banks, specifically preventing them form having access to Swift.

 

Andrew Torchia, “Iranian Banks Reconnected to SWIFT Network after Four-Year Hiatus,” Reuters, February 17, 2016, http://www.reuters.com/article/us-iran-banks-swift-idUSKCN0VQ1FD

  • After the four-year sanctions regime, Iran regained access to Swift.

 

“Russia Threatens SWIFT,” The American Interest, January 26, 2015,

http://www.the-american-interest.com/2015/01/26/russia-threatens-swift/

  • Details Russia’s interest in creating an alternative to Swift that couldn’t be used as a tool of Western sanctions.

 

“SWIFT Sanctions Statement,” October 6, 2014, https://www.swift.com/insights/press-releases/swift-sanctions-statement

  • A statement of neutrality from Swift, saying that they comply with any sanctions insofar as they are under the jurisdiction of European law.

 

Reserve Bank of Australia, Payments System Board Annual Report, 2012, accessed November 24, 2014, http://www.rba.gov.au/publications/annual-reports/psb/2012/html/oversight-high-value.html

  • Details Australia’s internal high-value payments system.

 

Carl Felsenfeld and Genci Bilali, “The Role of the Bank for International Settlements in Shaping the World Financial System,” University of Pennsylvania Journal of International, 25 Economic Law 945

  • A deep-dive into the Bank for International Settlements’ history and role in the international financial system.

 

Jeffrey Hunker, “Global Leadership in Cybersecurity: Can the U.S. Provide It?” http://moritzlaw.osu.edu/students/groups/is/files/2012/05/Hunker.pdf

  • Questions the U.S. cybersecurity policy model that focuses predominantly on public-private partnerships.

 

 

 

Mark MacCarthy, “Government and Private Sector Roles in Providing Information Security in the U.S. Financial Services Industry,”

  • Discusses the appropriate roles of both the private and public sector in the security of the United States’ financial services industry moving forward.

 

“October 2015: The End of Swipe-and-Sign Credit Card,” The Wall Street Journal, February 6, 2014, http://blogs.wsj.com/corporate-intelligence/2014/02/06/october-2015-the-end-of-the-swipe-and-sign-credit-card/

  • Explains the transition in the United States from traditional swipe-and-sign credit cards to microchip-based cards.

 

Rachel Abrams, “Chip Cards Give Stores New Gripe vs. Banks,” New York Times, November 17, 2015, pp. B1, B6, http://www.nytimes.com/2015/11/17/business/chip-credit-cards-give-retailers-another-grievance-against-banks.html

  • Investigates the tension between retailers and banks from the spread of microchip-based cards, specifically with speed and card terminal upgrade costs.

 

Mark Scott, “A More Secure Credit Card, European Style,” New York Times, December 2, 2014, p. F5, http://bits.blogs.nytimes.com/2014/12/02/preparing-for-chip-and-pin-cards-in-the-united-states/.

  • Details the microchip-and-pin system prevalent in Europe on the eve of its spread to the United States.

Daniel Dimov, “Differences between the Privacy Laws in the EU and the US,” January 10, 2013, INFOSEC Institute, http://resources.infosecinstitute.com/differences-privacy-laws-in-eu-and-us/

  • Explains the different outlooks on privacy and data collection in the European Union and the United States.

 

Philip N. Howard and Orsolya Guylas, “Data Breaches in Europe: Reported Breaches of Compromised Personal Records in Europe, 2005–2014,” Center for Media Data and Society, CMDS Working Paper 2014.1

  • A report using descriptive statistics to describe personal record data breaches between 2005-2014.

 

Allesandro Acquisti, Leslie John, and George Loewenstein, “What Is Privacy Worth?,” Journal of Legal Studies, 42, no. 2 (2013)

  • An investigation into the value that consumers place on their own personal data.

 

Yang Wang, Pedro Giovanni Leon, Xiaoxuan Chen, Saranga Komanduri, Gregory Norcie, Kevin Scott, Alessandro Acquisti, Lorrie Faith Cranor, and Norman Sadeh, “The Second Wave of Global Privacy Protection: From Facebook Regrets to Facebook Privacy Nudges,” Ohio State Law Journal, 74, no. 6 (2013)

  • Explores the sources of social media regret that people experience online, and how social media sites can help prevent such behavior without diminishing the user’s experience.

World Trade Organization, “Briefing Note: The Expansion of Trade in Information Technology Products (ITA Expansion),” December 16, 2015.

  • A brief summary of the expansion of the Trade in Information Technology Products involving the further liberalization of trade in information technology products

 

“The Digital Economy and Trade: A 21st Century Leadership Imperative.” Video at http://ndn.org/videos/2015/05/video-amb-holleyman-speech-ndn-digital-economy-and-trade-21st-century-leadership-impe

  • Comments from the former United States Deputy Trade Representative under the Obama Administration concerning the importance of the digital economy in maintaining American competitiveness and prosperity.

 

European Services Forum and Coalition of Service Industries Joint Statement, “Regulatory Cooperation Component in the Services Sectors to a EU–US Economic Agreement,” released November 12, 2012, http://www.esf.be/new/wp-content/uploads/2012/11/ESF-CSI-Joint-Statement-on-Regulatory-Cooperation-Component-of-EU-US-Agreement-Final-12-Nov-2012.pdf

  • A briefing for the European Commission and the U.S. government on how to increase cooperation between their respective regulatory regimes in the services sector.

 

Communication from the Commission, A Digital Single Market Strategy for Europe {SWD(2015) 100 final}, June 2, 2015, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52015DC0192

  • Proposal for a digital single market in Europe based on comments from President of the European Commission, Jean-Claude Juncker.

 

TPP Chapter 18 on Intellectual Property, especially Article 18.74 on Civil and Administrative Procedures and Remedies. At https://ustr.gov/sites/default/files/TPP-Final-Text-Intellectual-Property.pdf

  • Chapter 18 in the final text of the Trans-Pacific Partnership dealing with intellectual property.

 

TPP Chapter 8 on Technical Barriers to Trade, especially Annex 8B, Section A, on ICT Products that Use Cryptography, https://ustr.gov/sites/default/files/TPP-Final-Text-Technical-Barriers-to-Trade.pdf.

  • Chapter 8 in the final text of the Trans-Pacific Partnership dealing with technical barriers to trade

 

Lawrence E. Strickling, “Stakeholder Proposals to Come Together at ICANN Meeting in Argentina,” June 16, 2015, http://www.ntia.doc.gov/blog/2015/stakeholder-proposals-come-together-icann-meeting-argentina

  • An article from the Assistant Secretary for Communications and Information and National Telecommunications & Information Administration Administrator Lawrence E. Strickling about his hopes for the 53rd meeting of the Internet Corporation for Assigned Names and Numbers.

 

Dani Rodrik, “The False Economic Promise of Global Governance,” August 11, 2016, https://www.project-syndicate.org/commentary/global-governance-false-economic-promise-by-dani-rodrik-2016-08

  • Argues that the focus on global governance for economic issues may be misplaced.

Harold Demsetz, “Toward a Theory of Property Rights,” American Economic Review, 57, no. 2 (May 1967)

  • Seminal paper examining the a priori assumption of property rights, and the economic origins of them.

 

Jamie Lund, “Property Rights to Information,” Northwestern Journal of Technology and Intellectual Property, 10, no. 1 (Fall 2011), http://scholarlycommons.law.northwestern.edu/njtip/vol10/iss1/1

  • A proposal for an individual having something akin to an enforceable property right to their personal data.

 

Andrew Odlyzko, “Privacy, Economics, and Price Discrimination on the Internet,” in L. Jean Camp and S. Lewis (eds.), Economics of Information Security (Dordrecht, The Netherlands: Kluwer, 2004)

  • Explores the erosion of privacy as a result of the increasing importance of price discrimination, making users’ willingness to pay more apparent.

 

Whitfield Diffie and Susan Landau, Privacy on the Line: The Politics of Wiretapping and Encryption (Cambridge, MA: MIT Press, 1999)

  • The authors examine the foundational role of privacy in democracies, as well as contemporary issues ranging from national security to civil liberties.

 

 

 

 

Mathias Bauer, Hosuk Lee-Makiyama, Erik van der Marel, and Bert Verschelde, The Costs of Data Localization: Friendly Fire on Economic Recovery (Brussels: European Centre for International Political Economy, Occasional Paper No 3/2014

  • The authors look at data localization and attempt to quantify the economic costs; contains case studies on Brazil, China, the EU, India, Indonesia, South Korea, and Vietnam.

 

Jules Polonetsky and Omer Tene, “Privacy and Big Data: Making Ends Meet,” 66 Stanford Law Review On-Line, September 3, 2013

  • Examines the massive potential benefits of big data, and how to best take advantage of big data without sacrificing privacy.

 

Monika Kuschewsky, “OECD Privacy Guidelines—What Has Really Changed?” Privacy Laws & Business International Report, December 2013

 

Mark Scott, “Penny Pritzker on the Privacy Shield Pact with Europe,” New York Times, March 8, 2016, http://www.nytimes.com/2016/03/09/technology/penny-pritzker-on-the-privacy-shield-pact-with-europe.html?_r=0

  • Explains how the E.U.-U.S. Privacy Shield puts greater burden on private companies to protect personal information, as well as limits United States intelligence services access to European users’ data when it enters the United States.

 

Peter F. Cowhey and Mathew D. McCubbins (eds.), Structure and Policy in Japan and the United States: The Political Economy of Institutions and Decisions (Cambridge: Cambridge University Press, 1995)

  • Analyzes the differing institutional and political structures in Japan and the United States, and how these different configurations impact decision-making.

 

Mark Scott, “Where Tech Giants Protect Privacy,” New York Times, December 14, 2014, p. SR 5.

https://www.nytimes.com/2014/12/14/sunday-review/where-tech-giants-protect-privacy.html

  • The article examines how stricter European privacy rules have become the norm, forcing American companies to adapt to more stringent regulations.

 

 

Stuart N. Brotman, “The European Union’s Digital Single Market Strategy: A Conflict between Government’s Desire for a Certainty and Rapid Marketplace Innovation,” Center for Technology Innovation, Brookings Institution, May 2016, http://www.brookings.edu/~/media/research/files/papers/2016/05/24-digital-single-market/digital-single-market.pdf

  • Explores the tension between the EU’s desire for security and predictability versus the flexibility companies prefer for innovation.

 

Anthony Amicelle, “The Great (Data) Bank Robbery: Terrorist Finance Tracking Program and the ‘Swift Affair,’” May 2011, Sciences Po—Center for International Studies and Research, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2282627

  • Analyzes the behavior of American intelligence services in regards to monitoring supposedly anonymous international financial transactions in order to watch for terrorism.

 

Abraham Newman, Protectors of Privacy: Regulating Personal Data in the Global Economy (Ithaca, NY: Cornell University Press, 2008).

  • Examines the differing responses to privacy and data protection in the 21st century, with the EU taking a stricter approach compared to the United States’ focus on self-regulation.

 

  1. Scott Blackmer, “GDPR: Getting Ready for the New EU General Data Protection Regulation,” InfoLawGroup LLP, May 5, 2016, http://www.infolawgroup.com/2016/05/articles/gdpr/gdpr-getting-ready-for-the-new-eu-general-data-protection-regulation/
  • Illustrated the EU’s General Data Protection Regulation guidelines, which among other things includes a “right to be forgotten.”

 

Nick Graham, “New EU Guidelines on “Google Spain: Right to Be Forgotten,” December 2, 2014, Dentons, http://www.privacyanddatasecuritylaw.com/new-eu-guidelines-on-google-spain-right-to-be-forgotten

  • Emphasizes a European’s right to have information about them removed from search engine results; explains the mechanisms by which this works.

 

“On Being Forgotten,” The Economist, May 17, 2014, p. 15

 

Jeffrey Toobin, “The Solace of Oblivion,” The New Yorker, September 29, 2014, http://www.newyorker.com/magazine/2014/09/29/solace-oblivion.

  • Examines the origin of Europe’s “right to be forgotten,” as well as criticisms of this policy.

 

Abraham L. Newman, “Transatlantic Flight Fights: Multi-level Governance, Actor Entrepreneurship and International Anti-terrorism Cooperation,” Review of International Political Economy, 18, no. 4 (2011)

  • Utilizes airline passenger name records as a method to explore the domestic, European institutional source of policy tension between the United States and the EU.

 

Mark Sullivan, “White House Call for Upgrade to Law Protecting Consumer Cloud Data from Law Enforcement,” July 29, 2015, http://venturebeat.com/2015/07/29/white-house-calls-for-upgrade-to-law-protecting-consumer-cloud-data-from-law-enforcement/

  • Details an Obama administration effort to require warrants for law enforcement to access data more than 180 days old.

 

Alex Ely, “Second Circuit Oral Argument in the Microsoft–Ireland Case: An Overview,” Lawfare, posted September 10, 2015, https://www.lawfareblog.com/second-circuit-oral-argument-microsoft-ireland-case-overview

  • Recaps arguments from a court case wherein the U.S. government attempted to have Microsoft hand over files stored on a computer in Ireland.

 

Richard Waters, “Microsoft Wins Battle with US over Data Privacy,” Financial Times, July 14, 2016, https://www.ft.com/content/6a3d84ca-49f5-11e6-8d68-72e9211e86ab

 

Orin Kerr, “The surprising implications of the Microsoft/Ireland warrant case, The Washington Post, Novermber 29, 2016, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/11/29/the-surprising-implications-of-the-microsoftireland-warrant-case/

  • Explains the implications of the Microsoft/Ireland court case, including the government’s ability to use Mutual Legal Assistance Treaties to access emails and files stored abroad.

 

“Liberty and Security in a Changing World,” Report and Recommendations of the President’s Review Group on Intelligence and Communications Technologies, December 12, 2013

  • A document containing 46 recommendations to the Obama administration for protecting national security while balancing privacy and civil liberty concerns.

 

Richard J. Peltz-Steele, “The Pond Betwixt: Differences in the US–EU Data Protection/Safe Harbor Negotiation,” Journal of Internet Law, 19, no. 1 (July 2015), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2637010

  • Explores historical and cultural conditions that helped cause the United States and European Union to have differing perspectives on privacy in regards to data.

 

Remarks by U.S. secretary of commerce Penny Pritzker at EU–U.S. Privacy Shield Framework Press Conference, https://www.commerce.gov/news/secretary-speeches/2016/07/remarks-us-secretary-commerce-penny-pritzker-eu-us-privacy-shield

  • Secretary Pritzker’s comments with European Commissioner Jourova in the announcement of the EU-U.S. Privacy Shield Framework.

 

European Commission—Press Release, “Restoring Trust in Transatlantic Data Flows through Strong Safeguards: European Commission Presents EU–U.S. Privacy Shield,” February 29, 2016, http://europa.eu/rapid/press-release_IP-16-433_en.htm

  • European Commission press release on the creation of the EU-U.S. Privacy Shield.

 

“EU, US sign data protection deal,” Yahoo! Tech, June 2, 2016, https://www.yahoo.com/tech/eu-us-sign-data-protection-deal-161934121.html

  • Details an agreement between the EU and the United States to protect data that crosses the Atlantic; also facilitates law enforcement cooperation and requires consent before transferring.

 

 

Nick Wood, “EU Strikes Data Protection Deal,” Total Telecom, December 16, 2015, http://www.totaltele.com/view.aspx?ID=492175

  • Explains the agreement between the European Commission, European Parliament, and European Council to pursue uniform data protection rules throughout the EU.

 

Luca Schiavoni, “EU Data Protection Regulation Is a Necessary Step, but Practical Implementation Will Still Be Problematic,” Ovum press release, December 16, 2015, http://www.ovum.com/press_releases/analyst-view-eu-data-protection-regulation-is-a-necessary-step-but-practical-implementation-will-still-be-problematic

  • Explores the gap between legislative intent and practicality of EU data protection policies.

 

Jorg Monar, “The Rejection of the EU–US Swift Interim Agreement by the European Parliament: A Historic Vote and Its Implications,” European Foreign Affairs Review, 15, 2010

  • Examines the European Parliament’s decision to not sign-off on a financial data agreement with the United States that had already been slowly put into practice.

 

Leonard H. Schrank and Juan C. Zarate, “Data Mining, without Big Brother,” New York Times, July 3, 2013

http://www.nytimes.com/2013/07/03/opinion/data-mining-without-big-brother.html

  • Cites the Terrorist Finance Tracking Program’s interaction with Swift as a model for future national security data monitoring operations.

 

Barry Carter and Ryan Farha, “Overview and Operation of U.S. Financial Sanctions, Including the Example of Iran,” Georgia Journal of International Law, 44 (2013)

  • Details how the United States carries out its financial sanctions, with Iran being a case study.

 

Juan C. Zarate, Treasury’s War (New York: Public Affairs Press, 2013).

  • A deep-dive into the United States’ increasing weaponization of finance.

 

Quentin Hardy, “Amazon Opens a Data Center in Germany,” New York Times, October 24, 2014.

https://bits.blogs.nytimes.com/2014/10/23/amazon-web-services-to-open-german-facility/?src=busln

  • Details Amazon’s decision to open a data center in Germany; significant because it was one of the first instance of Amazon succumbing to pressures from national laws.

 

“IBM Adds Cloud Centers in Europe, Asia and the Americas,” accessed January 4, 2015, http://www-03.ibm.com/press/us/en/pressrelease/45707.wss?lnk=ushpcs3

  • Explores IBM’s decision to expand its cloud centers across the world to comply with laws requiring local data storage.

 

 

 

“Breaking down Apple’s iPhone Fight with the U.S. Government,” New York Times, updated March 21, 2016, http://www.nytimes.com/interactive/2016/03/03/technology/apple-iphone-fbi-fight-explained.html

  • Breaks down the conflict between Apple and the U.S. government over the latter’s demand for the former to write new software to unlock one of their phones for an investigation.

 

Bojana Bellamy, “The Rise of Accountability from Policy to Practice and into the Cloud,” Privacy Perspectives, posted December 10, 2014, https://privacyassociation.org/news/a/the-rise-of-accountability-from-policy-to-practice-and-into-the-cloud

  • Details the growing responsibility of organizations that handle personal data to protect said data.

 

Rory Carroll, “Microsoft and Google to Sue over U.S. surveillance requests,” The Guardian, August 31, 2013

  • Explains Microsoft and Google’s legal attempts to allow themselves to reveal government requests for user data.

 

Ariel Porat and Lior Jacob Strahilevitz, “Personalizing Default Rules and Disclosure with Big Data,” University of Michigan Law Review, 112, no. 8 (2014)

  • Advocates for personalizing law in regards to data based on people’s characteristics and traits instead of having an impersonal, one-size fits all approach.