How and Why to Rethink Data Fow Restrictions

Digital_economyTaking part in discussions on the latest developments in world trade at the World Trade Organization’s Public Forum in Geneva this week, the International Chamber of Commerce (ICC) has signaled increasing business concern regarding countries that impose restrictions on cross-border data flows without considering the impact on their respective economies and small- and medium-sized enterprises (SMEs) that make up 95 percent of enterprises globally.

In a new set of recommendations issued today at the Forum, ICC calls on policymakers to consider the detrimental effects to GDP growth from applying blanket restrictions and highlights the importance of creating trusted environments to better enable use of information and communication technologies (ICTs), and related data flows, on which companies of all sizes rely.

The flow of digital information is a key driver of economic development and inclusive growth by raising productivity, increasing efficiency, broadening participation in and facilitating access to markets not least for developing-economy businesses.

Over the last 10 years data flows are estimated to have raised world GDP by at least 10% and today exert a larger impact on GDP growth than trade in goods.

“The Internet and Internet-enabled services, which rely on cross-border data flows, are vital for companies across all sectors of the economy and are particularly critical for small- and medium-sized enterprises,” the ICC paper says. “Access to digital products and services, such as cloud applications, provides SMEs with cutting edge services at competitive prices, enabling them to participate in global supply chains and directly access customers in foreign markets in ways previously only feasible for larger companies.”

To help policymakers address negative implications for growth from blanket restrictions to data flows, the new ICC primer outlines seven steps that governments can take to ensure citizens and companies realize the full potential of the Internet as a platform for innovation and economic growth.

The recommendations are:

Build trust

This can be done by ensuring that users have appropriate control and practical mechanisms with regard to how personal data is used, and the companies to which they entrust their data should adopt recognised and applicable best practice to ensure that the data is appropriately secured as technology and services evolve.

Promote the establishment of a new trade principle

This should include the underlying objective of allowing the flow, storage, and handling of all types of data across borders, subject to privacy and security laws and other laws affecting data flow covered under GATS article XIV.

Be non-discriminatory

Certain compelling public policy issues – including privacy and security – are recognised as possible exceptions and may form a legitimate basis for governments to place some limits on data flows if they are implemented in a manner that is non-discriminatory, is not arbitrary, is least trade restrictive, and not otherwise a disguised restriction on trade.

Include relevant players and show consistency

Any limits on cross-border data flows for privacy and security objectives should be consistent with GATS obligations, and include all relevant players and are equally applied.

Promote coherence

This can be done through national rules and regulations that affect the movement of goods, services, and information across borders.

Support the Internet’s enabling role

Especially for SMEs to grow and participate in global trade.

Ensure any regulatory measures which limit data flows are necessary to accomplish the recognised and compelling public policy objective

Measures should be the least trade restrictive policy alternative needed to effectively address the issue, not be arbitrary or discriminatory, and not be disguised restrictions on trade in services.

Read Trade in the digital economy: A primer on global data flows for policymakers

What Does Fintech Mean for Startups and Incumbents?

Finance Disrupted BannerIn today’s financial services landscape, innovative collaborations between established firms and start-ups surviving disruption. This fall, join editors of The Economist and more than 275 financial services leaders, innovative thinkers and disruptive entrepreneurs at Finance Disrupted, to ask: to succeed in the fintech revolution, must you collaborate or die?

Click here to learn more and view the agenda.

Some of our notable speakers participating in the event include:

  • Jeremy Allaire, Founder, chairman and chief executive, Circle
  • Mike Cagney, Chief executive, chairman and co-founder, SoFi
  • Thomas Curry,Comptroller of the currency, US Department of Treasury
  • Usama Fayyad,Chief data officer, Barclays
  • Neil Hiltz,Head of financial services, global vertical strategy, Facebook
  • John E. Schlifske,Chairman and chief executive, Northwestern Mutual
  • Alexa von Tobel,Founder and chief executive, LearnVest.com

Save 15% on the current available rate when you register with our special code, USCIB15. Please note that rates will increase after September 23rd 2016.

Register here.

USCIB Attends APEC Digital Trade Policy Dialogue

APEC_Digital_TradeHelen Medina, USCIB’s vice president of product policy and innovation, recently attended the Trade Policy Dialogue on Digital Trade at the Third Senior Officials Meeting of the Asia-Pacific Economic Cooperation (APEC) forum in Peru.

The objective of the meeting was to discuss digital trade rather than to define the terms of digital trade. Participants included representatives from the U.S. government, various APEC economies, OECD, and industry, including several USCIB member companies.  Provided below is a brief summary of the meeting.

The dialogue was made up of several sessions, each focusing on a different topic within digital trade. The first session discussed the research on the value of digital trade, as well as challenges posed by issues of data privacy and cross-border data regulation. The second session focused on the EU’s data privacy framework and its potential burdensome impact on APEC SMEs.

Highlights from another session included shared stories from USCIB members PayPal and Walmart on their successes within the digital trade sphere. PayPal discussed the importance of their business for SMEs; through PayPal, smaller companies are able to do business globally because people trust sending payments through their services. Walmart shared their current experience of incorporating digital information to create better services for their customers, and the necessity of open data for this process. This session also recognized the potential for growth in APEC’s future role due to its cross-regional and interagency nature, in creating policies that best help digitization of traditional economies and promote legal environments for innovation.

To follow up from this Trade Policy Dialogue, a report will be submitted to APEC’s Committee on Trade and Investment (CTI).

Digital Trade: Barbara Wanner, bwanner@uscib.org

USCIB APEC Priorities Paper (here): Elizabeth Kim, ekim@uscib.org

Business Urges China to Revise Cybersecurity Laws

Cyber security concept with lockUSCIB joined a group of 45 business organizations from around the world warning the Chinese government that it would harm business operations and restrict trade if it implements proposed cybersecurity and insurance rules.

A letter the group sent to Chinese Premier Li Keqiang on August 10 urges China to live up to its role as the host of this year’s G-20 leaders summit in September to promote the meeting’s goals of creating an “innovative, invigorated, interconnected and inclusive world economy.”

“[T]he current drafts, if implemented, would weaken security and separate China from the global digital economy,” USCIB and others stated in the letter. “To that end, we urge both The Law and The Provisions be revised to encourage international policy models that will support China’s development as a global hub for technology and services. This will assure a legacy of an innovative, invigorated, interconnected and inclusive world economy from China’s G20 presidency.”

Read the letter.

Strong Business Engagement at OECD Internet Ministerial

Hackathon2
L-R: Angel Gurría (OECD), Ildefonso Guajardo Villarreal (Mexican government) and Peter Robinson (USCIB)

Information flows across borders at an unprecedented pace. Few aspects of our lives remain untouched by the digital economy, and new challenges have arisen in this context. Meeting these challenges requires all stakeholders to develop new digital economy policies. From June 21 to 23, OECD ministers and stakeholders gathered in Cancún, Mexico, for an OECD Ministerial Meeting on the Digital Economy: Innovation, Growth and Social Prosperity to move the digital agenda forward in four key policy areas considered foundational to the growth of the digital economy — Internet openness; trust in the digital economy; building global connectivity; and the transformation of jobs and skills.

Toward this end, participants issued the Cancún Ministerial Declaration on the Digital Economy. Among other elements, the Declaration recognizes that the OECD’s Internet Policy Principles (IPPs), Consumer Protection in E-commerce, Digital Security Risk Management for Economic and Social Prosperity, Cryptography Policy and Protection of Privacy and Transborder Flows of Personal Data, serve as an invaluable suite of frameworks to further guide the development of coherent policies for an increasingly digitalized economy.

The Declaration then sets forth nine key commitments, which include, first and foremost, supporting the free flow of information. Other commitments emphasize the importance of stimulating digital innovation and creativity, increasing broadband connectivity, embracing the opportunities arising from emerging technologies such as the Internet of Things and cloud computing, and promoting digital security risk management and the protection of privacy at the highest level of leadership, among other priorities.

Although the Ministerial examined four key policy areas, the issue of restoring user trust in the online environment emerged as a recurring theme across all sessions. During the June 22 opening plenary, U.S. Secretary of Commerce Penny Pritzker acknowledged that while digital technologies have become a driving force of job creation, entrepreneurship, and innovation in the 21st century, they also bring new challenges related to cybersecurity and privacy. She urged that countries continue to rely upon the OECD’s IPPs for guidance and avoid “throwing up digital walls” through data localization and other policies and regulations that block legitimate cross-border data flows.

“We expect such policies from authoritarian regimes that want to isolate their people – not from nations that welcome the global exchange of ideas and commerce,” Pritzker said.

During the June 23 closing ceremony, OECD Secretary General Angel Gurria described the Ministerial Declaration as providing a forward-looking roadmap for how the digital economy can improve our lives. During the next two years, the OECD will examine in consultation with all stakeholders the “homework” that must be undertaken to prepare for the next phases of digitalization. This will include addressing the “deficit of data” needed to effectively measure the digital economy. Gurria underscored the importance of leadership from the top.

“We all leave Mexico with clear marching orders of policies to promote in our countries [which will mean] rethinking our policies from tax, to trade, to transportation through a digital lens,” Gurria said.

Business Stakeholder Day

During the Ministerial, the Business and Industry Advisory Committee (BIAC) to the OECD, together with the Mexican business federation COPARMEX, hosted a Business Stakeholder day dedicated to Unleashing the Benefits of Innovation in the Global Information Society. Close to 30 speakers and 300 business and government delegates were in attendance.

In his opening remarks, BIAC Secretary General Bernhard Welschke called for comprehensive measures to foster the growth potential of the digital economy. “Innovation is the key driver of growth for our economies and societies,” Welschke said. Ambassador Pérez-Jácome, the Mexican Ambassador from the permanent delegation of Mexico to the OECD, emphasized that “creating the conditions to foster innovation, investment and labor mobility is crucial to grasp the benefits of the digital economy.” BIAC’s Mexican Vice Chair José Ignacio Mariscal Torroella, also pointed to the importance of the digital economy for the growth potential and role of Mexico in the global economy.

Business participants from a variety of sectors and countries explored framework conditions that create the optimum enabling environment for success in the digital economy and information society: Infrastructure, Innovation, Information flows, Intellectual capital, Investment and Integration. They also drilled down into the innovation element, examining adequate policy conditions to ensure that the innovation capacity, creativity and fruitful ideas can be transformed into useful services and products.

Both USCIB President Peter Robinson and Senior Counsel Ronnie Goldberg moderated panels, on “Framework Conditions for Success in the Digital Economy” and “Workforce Development and Mobility,” respectively, as did USCIB members Peter Davidson, SVP of Verizon, on “Enabling the Benefits of Innovation” and Dorothy Attwood, SVP of Walt Disney, on “Promoting Trade, Inclusion, and Trust”.

“A clear takeaway was that a balanced policy framework that encourages creativity and innovation, and fosters trust, is necessary to realize the benefits of the digital economy,” Robinson said. “And OECD plays an important role in offering tools and policies to guide governments forward.”

In addition, business stakeholders offered their own views on fostering consumer trust in the online environment through policies aimed at optimizing the benefits of data flows while recognizing security and privacy concerns.  Mirroring the Ministerial’s focus on job transformation in the digital economy, speakers provided the business perspective on the challenges of developing and maintaining workforce skills in an ever-evolving global digital economy.

Hackathon Contest

In parallel to the stakeholder conference, the business community in partnership with the OECD and the Government of Mexico developed a 24-hour Hackathon – an app developer contest – that attracted nearly 200 participants between the ages of 18 to 29 from both OECD and non-OECD member countries, who competed in 37 teams of 3-6 people.

The Hackathon, working under the theme “Connected Communities, Connected Lives” provided an opportunity for Ministers and stakeholders to observe the creative process of youth as they cultivated their digital skills and developed apps to address a particular local or global challenge.

Developers competed to win over $20,000 in cash awards, mentorship opportunities and other prizes, for apps targeted towards the categories of Cultural Heritage; Smart Cities; Social Inclusion; and, Entrepreneurship.

This has been an exciting example of public-private collaboration here at the 2016 Digital Economy Ministerial,” said USCIB President and CEO Peter Robinson at a special awards presentation for the Hackathon winning teams on June 22. “This contest demonstrated that the potential for innovative talent knows no boundaries.

The grand prize went to the team Nisi Vitae, who created an application that enables a user to quickly and automatically provide all medical information to emergency response personnel when calling for an ambulance. Nisi Vitae also won the Smart City award.

Other category prize winners included Time Stamps in the Cultural Heritage category, who created an app designed to make studying history more immersive for teenagers; VR-ehab in the Social Inclusion category, who created an app that converts physical rehabilitation into a game using an Android Virtual Reality environment and a hand movement detection system; and Autonomi in the Entrepreneurship category, who created an app aimed at increasing security and independence for the visually impaired.

The Hackathon was made possible by the generous support of the following sponsors: AT&T, Cisco, Disney, Google, Intel, Microsoft, Oracle, Verisign, and the Internet Technical Advisory Committee to the OECD (ITAC).

10 Business Recommendations for Productivity, Prosperity, and Inclusive Growth

“A balanced and comprehensive policy approach is necessary to reap the benefits of the digital economy”, said Welschke at the opening of OECD Ministerial meeting on the Digital Economy in Cancun on June 22. “It is crucial to set the right policy context if we want to leverage the full potential of innovation in globalized and increasingly information-oriented economies, to promote trade, inclusion and trust.”

BIAC participants from a variety of sectors pointed to innovative business models and applications, emerging technologies on cloud computing, Big Data, and the Internet of Things as areas with significant potential for economic growth and social benefit.

BIAC’s business messages and recommendations to the minsters call for policies that are grounded in the OECD’s Internet Policy Principles. Specifically, business advocates policies that: serve to foster business innovation; provide for open, fair and competitive markets; respect intellectual property rights, and effective systems to enforce those rights; encourage the adoption of emerging ICTs; raise awareness of digital privacy and digital security risk and develop tools and practices to manage those risks; and avoid unduly restricting the movement of data between companies on the domestic level and across borders. Skills development also is key for the mobility of workers, their competence and their resilience to labor market change.

BIAC Hackathon Showcases Talents of Global Tech Community

Angel Gurria (OECD) and Peter Robinson (USCIB) present the Hackathon award to the grand prize winner, Nisi Vitae
Angel Gurria (OECD) and Peter Robinson (USCIB) present the Hackathon award to the grand prize winner, Nisi Vitae

As the OECD Digital Economy Ministerial brought together stakeholders this week in Cancun, Mexico to discuss the ways in which the digital economy has enabled global innovation, growth and social prosperity, the Business and Industry Advisory Committee (BIAC) to the OECD in cooperation with the Mexican government and the OECD organized a coding contest, known as a Hackathon, to demonstrate the power of digital innovation.

On June 20-21, teams of coders gathered in Cancun to compete for several awards and cash prizes by developing apps within the following categories: cultural heritage, smart city, social inclusion and entrepreneurship. The winning team was announced at the OECD Ministerial dinner whose speakers included OECD Secretary General Angel Gurría. USCIB President and CEO Peter Robinson and Mexican Secretary of the Economy Ildefonso Guajardo Villarreal.

“This has been an exciting example of public-private collaboration here at the 2016 Digital Economy Ministerial,” Robinson said as he introduced the Hackathon category winners at the Ministerial gala. “This contest for young coders and app developers attracted nearly 200 participants from both OECD and non-OECD Member countries – demonstrating that the potential for innovative talent knows no boundaries.”

Robinson, Gurria and Guajardo then presented the Hackathon category and grand prize winners:

Smart City Category Winner – Nisi Vitae
They developed an app that enables a user to automatically provide all of their medical information to emergency response personnel when calling for an ambulance.

Entrepreneurship Category Winner – Autonomi
This team developed an app that is aimed at increasing security and independence for the visually impaired.

Cultural Heritage Category Winner – Time Stamps
Their app makes studying history more immersive for teenagers.

Social Inclusion Category Winner – VR-ehab
They developed an app that converts physical rehabilitation into a game using an Android Virtual Reality environment and a hand movement detection system.

Grand Prize Winner – Nisi Vitae

As the U.S. affiliate of BIAC, USCIB has played an active role in planning the Hackathon. The Hackathon was also made possible by the following USCIB member sponsors: AT&T, Cisco, Disney, Google, Intel, Oracle, Microsoft and Verisign.

US Business Concerned with China’s Cybersecurity Regulations

china_flag_large-600x300Ahead of the U.S.-China Strategic Economic Dialogue which took place in Beijing on June 6-7 convening high-level officials to discuss trade, finance, security and the environment, USCIB and other business organizations sent a letter to the China Insurance Regulatory Commission citing concerns with China’s proposed technology regulations (“Provisions”).

“If adopted as currently drafted, however, the Provisions would create unnecessary obstacles to international trade and likely to constitute a means of arbitrary or unjustifiable discrimination against producers and service providers in countries where the same conditions prevail,” USCIB and others stated in the letter. “As a consequence, we have concerns that the Provisions could constitute an unnecessary obstacle to international trade.”

The business community asked China to postpone the adoption of the Provisions to allow for further stakeholder input, and to ensure that China’s cybersecurity regulations avoid unnecessary commercial disruptions.

Additionally, on June 13 the United States and other World Trade Organization members expressed concerns about proposed Chinese insurance regulations that they claim favor home-grown technologies over those of foreign producers.

Read the full letter.

 

USCIB Hails US Approval of Internet Stewardship Transition Proposal

globe_computerNew York, N.Y., June 9, 2016 – The United States Council for International Business (USCIB) is pleased that the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) has found that the Internet Assigned Numbers Authority (IANA) Stewardship Transition proposal meets the criteria NTIA set forth in announcing its intention to transition the U.S. stewardship of the Internet domain name system (DNS) technical functions to the global mulitistakeholder community.

“NTIA’s approval of the plan highlights its strength and the broad support it has received from all stakeholders,” said USCIB President and CEO Peter Robinson. “We have worked tirelessly to help shape a plan that will enable a seamless transition of DNS stewardship functions and preserve the fundamental openness of the Internet, and we’re thrilled that NTIA shares our view.”

USCIB members actively contributed comments during all aspects of the two year development of both the IANA Stewardship Transition proposal and the related Enhanced ICANN Accountability proposal. On March 10 USCIB expressed support for the two-proposal package and urged NTIA to approve it on grounds that it, indeed, provided a framework that would meet NTIA’s criteria and preclude capture of DNS stewardship by a government or governmental entity. NTIA’s announcement today re-confirms USCIB’s view that the March 10 proposal best ensures the continued stability, security, and resiliency of the DNS system as well as fundamental openness of the Internet.

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. With a unique global network encompassing leading international business organizations, including the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and the Business and Industry Advisory Committee (BIAC) to the OECD, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

Contact:
Jonathan Huneke, USCIB
+1 917.420.0039, jhuneke@uscib.org

More on USCIB’s ICT Committee

Light Touch Regulation is Best for Internet of Things

Womans controls Internet of Things in smart home with appOn June 2, USCIB responded to a request for comment by the National Telecommunications and Information Administration on “The Benefits, Challenges, and Potential Roles for the Government in Fostering the Advancement of the Internet of Things.” In a letter addressed to Lawrence Strickling, assistant secretary for communications and information at the U.S. Department of Commerce, USCIB said the Internet of Things (IoT) offers a broad range of economic, social, commercial and societal benefits provided governments avoid burdensome regulations that would hamper the creation of IoT.

The IoT is composed of a broad group of devices and technologies that include sensors incorporated into various everyday “things,” along with enabling applications and cloud-based analytical platforms.  Objects such as wristbands, cars and other “smart” devices have network connectivity, allowing them to send and receive data. U.S. businesses and society as a whole stand to gain a great deal from the advancement of IoT technologies.

“The potential for IoT will not be fully realized, however, by burdensome regulations, top-down government imposition of standards, insufficient network infrastructure, and policies that force data to remain inside national borders,” said Barbara Wanner, USCIB’s vice president for information and communications technology policy in the letter to Secretary Strickling. “The U.S. Government must use its negotiating authority to fight the proliferation of polices and regulations that would hamper the development of IoT.”

In order to leverage the full potential of these new technologies, USCIB made the following recommendations with regard to IoT policy:

  • Light touch regulation – USCIB urged the U.S. government to adopt a light touch regulatory framework that is interoperable so that users throughout the world can benefit from IoT technologies. Given that regulations already exist that apply to IoT, there should be evidence of real harms before additional regulations are considered.
  • Voluntary standards – USCIB business urged governmental support aimed at encouraging private sector collaboration in open and global standardization efforts to develop technological best practices and voluntary standards for technical interoperability. Top-down standards imposed by governments which would quickly become outdated, according to USCIB.
  • U.S. leadership in reducing regulatory barriers – USCIB called on the U.S. government to lead efforts to reduce regulatory barriers to IoT development around the world, and asked the United States to help prevent other countries from using foreign policies aimed at leap-frogging technology development that restrict the market access of U.S. businesses.
  • Broader digital economy architecture – “Care should be given to considering important “back end” technologies important to enable IoT, such as cloud computing,” USCIB stated in the letter.

IoT and other important issues in digital economy policy will be discussed at the upcoming OECD Digital Economy Ministerial in Cancun on June 21 to 23. USCIB will be on the ground in Cancun representing member interests at the ministerial. Visit the OECD’s website for more information.

Read USCIB’s full comments 

Business Supports Internet Transition Proposal

Digital GlobeUSCIB signed an open letter to Congress along with 15 other companies and trade associations on May 23. The letter endorsed the transfer of the stewardship of the Internet Assigned Numbers Authority (IANA), a set of core functions necessary for the running of the Internet domain name system, from the U.S. Commerce Department’s National Telecommunications and Information Administration (NTIA), to the multi-stakeholder Internet community, with safeguards to enable active involvement in processes designed to hold ICANN accountable as an independent entity.

In March 2014, the U.S. Department of Commerce announced a plan to transition its stewardship of the Internet’s domain name system to the global Internet community. This plan represents the final stage of the development of ICANN as a private-sector led, multi-stakeholder organization to coordinate Internet addresses.

USCIB actively contributed comments throughout the two-plus-year development of the transition process, having recently submitted comments on the draft ICANN bylaws that would implement the IANA transition and ICANN Accountability reforms.

“We endorsed the final package, expressing confidence that it will meet [the Commerce Department’s] criteria for the transition of the IANA stewardship role and ensure the continued stability, security and resiliency of the domain name system as well as fundamental openness of the Internet,” USCIB wrote in its comments. “Equally important in USCIB’s view, the March 10 package includes safeguards to enable active involvement by the community in processes designed to hold ICANN accountable as an independent entity.”

USCIB members look forward to ensuring that the transition continues smoothly and in a timely manner.

On March 10, USCIB issued a press release welcoming the ICANN Accountability package and the multi-stakeholder model of Internet governance.