Data Flows & National Security: A Conceptual Framework to Assess Restrictions on Data Flows Under GATS Security Exception

2018 ◽  
Author(s):  
Martina Ferracane
Keyword(s):  
Conceptual Framework ◽  
National Security ◽  
Data Flows

Data flows and national security: a conceptual framework to assess restrictions on data flows under GATS security exception

2019 ◽  
Vol 21 (1) ◽  
pp. 44-70
Author(s):  
Martina Francesca Ferracane
Keyword(s):  
Conceptual Framework ◽  
National Security ◽  
Dispute Settlement ◽  
Critical Infrastructure ◽  
Content Type ◽  
Wto Dispute Settlement ◽  
Data Flows ◽  
Cyber Espionage ◽  
Access To Data ◽  
Security Standards

PurposeThe paper aims to explore the national security implications of a potential for a World Trade Organization (WTO) dispute on data flow restrictions. It proposes a basic conceptual framework to assess data flows’ restrictions under General Agreement on Trade in Services (GATS) security exception.Design/methodology/approachIf a case were to be brought before the WTO dispute settlement, the defender could support its case by invoking the security exception. This paper analyzes three main arguments that could be brought up: protection from cyber espionage, protection from cyberattacks on critical infrastructure and access to data needed to prevent terrorist threats. These three cases are analyzed both legally and technically to assess the relevance of restrictions on data flows under GATS security exception. This analysis can, more generally, inform the debate on the protection of national security in the digital era.FindingsIn the three cases, restrictions on data considered critical for national security might raise the cost of certain attacks. However, the risks would remain pervasive and national security would not be significantly enhanced both legally and technically. The implementation of good security standards and encryption techniques appears to be a more effective way to ensure a better response to cyber threats. All in all, it will be important to investigate on a case by case basis whether the scope of the measure (sectors and data covered) is considered proportionate and whether the measure in question in practice reduces the exposure of the country to cyber espionage, cyberattacks and terrorist threats.Originality/valueThis paper represents a contribution to the literature because it is the first paper to address systematically the issue of data flows and national security in the context of a GATS dispute and because it provides a unique perspective that looks both at legal and technical arguments.

Why Trade Agreements are not Setting Information Free: The Lost History and Reinvigorated Debate over Cross-Border Data Flows, Human Rights, and National Security

2015 ◽  
Vol 14 (04) ◽  
pp. 671-700 ◽  
Author(s):  
SUSAN AARONSON
Keyword(s):  
National Security ◽  
Trade Agreements ◽  
The United States ◽  
Free Flow ◽  
The Internet ◽  
Digital Rights ◽  
Cross Border ◽  
Data Flows ◽  
Free Flow Of Information ◽  
Flow Of Information

AbstractHerein, we examine how the United States and the European Union use trade agreements to advance the free flow of information and to promote digital rights online. In the 1980s and 1990s, after US policymakers tried to include language governing the free flow of information in trade agreements, other nations feared a threat to their sovereignty and their ability to restrict cross-border data flows in the interest of privacy or national security.In the twenty-first century, again many states have not responded positively to US and EU efforts to facilitate the free flow of information. They worry that the US dominates both the Internet economy and Internet governance in ways that benefit its interests. After the Snowden allegations, many states adopted strategies that restricted rather than enhanced the free flow of information. Without deliberate intent, efforts to set information free through trade liberalization may be making the Internet less free.Finally, the two trade giants are not fully in agreement on Internet freedom, but neither has linked policies to promote the free flow of information with policies to advance digital rights. Moreover, they do not agree as to when restrictions on information are necessary and when they are protectionist.

Saudi Arabia

2019 ◽  
pp. 239-261
Author(s):  
Ghaidaa Hetou
Keyword(s):  
Saudi Arabia ◽  
Conceptual Framework ◽  
National Security ◽  
Political System ◽  
Grand Strategy ◽  
Internal Stability ◽  
Strategic Culture ◽  
Regional Role ◽  
Regional Factors

This chapter evaluates the formulation, implementation, and consistency of Saudi Arabia’s grand strategy since 1979. It examines how internal and regional factors influenced that strategy through the optic of a series of critical regional turning points, often overlain by shifting US debates on the Kingdom’s regional role. The chapter delineates why Saudi elites prioritize certain long-term objectives, how they perceive threats, and why they respond in specific ways. Its guiding conceptual framework is informed by four elements: the Kingdom’s dominant strategic culture, its political system, perception of national security, and regional alliance formations. The chapter demonstrates how the current Saudi establishment’s ability to sustain a grand strategy—primarily a regional role—is closely linked to its economic power, financial solvency, and internal stability.

Third world national security: Toward a new conceptual framework

1984 ◽  
Vol 11 (2) ◽  
pp. 103-135 ◽  
Author(s):  
Edward Azar ◽  
Chung‐In Moon
Keyword(s):  
Conceptual Framework ◽  
National Security ◽  
Third World

scholarly journals Watchers, Watched, and Watching in the Digital Age: Reconceptualization of Information Technology Monitoring as Complex Action Nets

2021 ◽  
Author(s):  
Aljona Zorina ◽  
France Bélanger ◽  
Nanda Kumar ◽  
Stewart Clegg
Keyword(s):  
Information Technology ◽  
Conceptual Framework ◽  
Digital Age ◽  
Review Of The Literature ◽  
Complex Action ◽  
Future Studies ◽  
Data Flows

Despite increasing studies of information technology (IT) monitoring, our understanding of how IT-mediates relations between the watcher and watched remains limited in two areas. First, either traditional actor-centric frameworks assuming predefined watcher-watched relationships (e.g., panopticon or synopticon) are adopted or monitoring actors are removed to focus on data flows (e.g., dataveillance, assemblages, panspectron). Second, IT monitoring research predominantly assumes IT artifacts to be stable, bounded, designed objects, with prescribed uses which provides an oversimplified view of actor relationships. To redress these limitations, a conceptual framework of veillance applicable to a variety of possible IT or non-IT-mediated relationships between watcher and watched is developed. Using the framework, we conduct a conceptual review of the literature, identifying IT-enabled monitoring and transformations of actors, goals, mechanisms and foci and develop an action net model of IT veillance where IT artifacts are theorized as equivocal, distributable and open for diverse use, open to edits and contributions by unbounded sets of heterogenous actors characterized by diverse goals and capabilities. The action net of IT veillance is defined as a flexible decentralized interconnected web shaped by multidirectional watcher-watched relationships, enabling multiple dynamic goals and foci. Cumulative contributions by heterogenous participants organize and manipulate the net, having an impact through influencing dispositions, visibilities and the inclusion/exclusion of self and others. The model makes three important theoretical contributions to our understanding of IT monitoring of watchers and watched and their relationships. We discuss implications and avenues for future studies on IT veillance.

Data Breach: Key to Prevention and Intrusion Detection the Risk of a Library

2018 ◽  
Vol 8 (2) ◽  
pp. 8-11
Author(s):  
Indranil Sarkar
Keyword(s):  
Intrusion Detection ◽  
National Security ◽  
Information Management ◽  
Communication Technology ◽  
Information Exchange ◽  
Management Systems ◽  
Information Communication ◽  
Confidential Information ◽  
Data Flows ◽  
Information Management Systems

The problem of protecting information and data flows has existed from the very first day of information exchange however advanced Information Communication Technology and information management systems become more and more powerful and distributed. In this article the author aver that the strategy need to implement measures to protect library from the rise of leak confidential information, both accidentally and maliciously, at tremendous cost in money, privacy, national security, and reputation.

Trade Commitments and Data Flows: The National Security Wildcard

2019 ◽  
Vol 18 (S1) ◽  
pp. S49-S62
Author(s):  
NORMAN ZHANG
Keyword(s):  
United States ◽  
European Union ◽  
National Security ◽  
Case Law ◽  
The United States ◽  
The European Union ◽  
Acceptable Standard ◽  
Data Flows ◽  
The Eu

AbstractThis paper poses a hypothetical WTO challenge to the Passenger Name Records (PNR) Transfer Agreements the European Union has signed with the United States (as well as Australia and Canada). The focus will be on a possible citation of GATS Article XIV National Security Exception by the EU, and the viability of such a defense. Because of the absence of case law, this paper will also attempt to synthesize an acceptable standard for assessing GATS National Security Exception citations.

21. A New Agenda for Security and Strategy?

2018 ◽  
pp. 366-384
Author(s):  
James J. Wirtz
Keyword(s):  
Cold War ◽  
Infectious Diseases ◽  
Conceptual Framework ◽  
National Security ◽  
Strategic Thinking ◽  
Environmental Damage ◽  
Demographic Trends ◽  
Environmental Resource ◽  
The Cold War ◽  
High Politics

This chapter considers a range of issues that have often been neglected in national security agendas or perceived to be outside the purview of strategy. During the cold war, national security agendas were dominated by high politics, whereas low politics were rarely seen as a threat to national security. In the aftermath of the cold war, however, low politics started to garner more attention than high politics. This chapter proposes a conceptual framework based on a utilitarian assessment of environmental, resource, and population issues to determine whether there is a new agenda for security and strategy. It also examines how divergent demographic trends will shape strategy and strategic thinking and goes on to discuss commons problems, the direct environmental damage caused by military action, the spread of infectious diseases such as measles and malaria, and how countries are beginning to exhibit sensitivities and vulnerabilities to issues of low politics.

A conceptual framework for the examination of transborder data flows

1986 ◽  
Vol 4 (3) ◽  
pp. 145-185
Author(s):  
Jean‐Luc Renaud
Keyword(s):  
Conceptual Framework ◽  
Data Flows

Data Security Law will have impact beyond China

2021 ◽  
Keyword(s):  
National Security ◽  
Data Protection ◽  
Data Security ◽  
Personal Information ◽  
Multinational Companies ◽  
Information Protection ◽  
Content Type ◽  
Data Flows ◽  
Compliance Requirements ◽  
Comprehensive Framework

Significance It creates a comprehensive framework for protection of all data with implications for national security. Alongside a forthcoming Personal Information Protection Law, it will have a significant impact on data protection compliance requirements for businesses, as well as on data flows between China and the outside world. Impacts Particular kinds of data might be categorised differently by different localities, creating compliance confusion. Multinational companies must prepare for more demanding data localisation requirements. Demand for the auditing and inspection services the law requires will drive expansion of China's domestic cybersecurity industry.

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