Data arms trade: Why Biden’s executive order on ‘countries of concern’ misses the mark

In today’s world, data is power. It’s no wonder, then, that the White House issued an executive order last month redefining the boundaries of this authority.

The Biden administration is seeking to prevent sensitive U.S. data from falling into the hands of “countries of concern” in a move positioned to protect the safety and privacy of Americans.

This executive order highlights how valuable and exploitable our personal data is (in case it isn’t already) by targeting the flow of personal information to adversaries of the United States, including China and Russia. ) is very clear. By ensuring that our most personal data, such as where we go, how we feel, and the personal details buried in our health records, does not fall into the hands of potentially hostile nations, President Biden We want to reduce the potential for extortion, fraud, and national security. It will leak.

While this move should be hailed as a step towards protecting personal information from external threats, it does not address the many ways in which sensitive data is routinely commodified and mishandled domestically. And that’s not to mention what happens when our personal data crosses borders to hundreds of other countries not designated as “Countries of Concern.”

The weaponization of data, and the practice of what can be described as a “data arms trade,” represents a broader and far-reaching problem. There are far greater threats than those addressed in the executive order speech.

digital defense

We should celebrate the intent behind this executive action. Leaks of sensitive data can draw political attention to activists, journalists and others, putting them at risk of digital blackmail and repression. Even data about military personnel is not immune. In such cases, personal data can become a weapon of choice for foreign companies. The executive order, which prevents the trade of sensitive data with adversaries, at least partially strengthens Americans’ digital defenses, but it has a long way to go.

A broader perspective on data privacy

As the White House subtly pointed out in its statement, this order is not a panacea for all data privacy issues. Nor is it intended to replace comprehensive federal privacy legislation that Congress has been working on for several years. Our lives are intertwined in a complex ecosystem, and our data is continually collected and traded by foreign entities as well as within our own domestic borders.

Data brokers and tech giants are involved here in a kind of data arms trade that threatens our freedoms. Mental health data and sensitive location data are collected and traded (sometimes under false pretenses and lack of transparency) as fodder for targeted advertising beasts. Responsible organizations (often invisible and unaccountable) are not affected by this executive order. They will continue to trade on our personal information as if the most sensitive details about Americans’ health and habits were just a commodity.

Of course, “countries of concern” should not have access to our sensitive data. But other countries, including the United States, and non-sovereign big tech companies must respect the sanctity of our data as well.

Dignity of data as a fundamental right

Dignity of data should not be recognized piecemeal, nor should it be a right extended only in the face of foreign threats. The battleground is domestic and everyday transactions that strip data of its dignity bit by bit.

Furthermore, the message of the Executive Order in the form of restrictive measures against certain countries is the universal principle of respect and agency for personal data, without the intention that data transactions elsewhere will be tolerated. It may damage what should be done.

Data privacy requires comprehensive safeguards that recognize the unique value and vulnerability of personal information. The public’s understanding of data must shift from data as a commodity to data as an extension of personal dignity.

The current weaponization of personal information, whether by foreign governments or domestic companies, requires a fundamental reassessment of data rights. While this is a positive move, banning data sales to specific countries is not enough. We must challenge the very premise that personal information should be sold domestically and internationally.

This executive order highlights the broader challenge of establishing universal standards for data dignity and respect. This highlights the ongoing struggle to protect personal information in a world where it is continually misused, often at the expense of individual rights and consent in the process.

At this point, it seems too much to ask for the United States to put data sanctity at the center of its digital policy, and that’s a shame. But we must continue to advocate for a future where true data dignity is protected as the foundation of individual privacy and autonomy, and where the value of personal information transcends national borders and market transactions.

So I would like to remind the White House that, while we know this is a politically important year, the sanctity of Americans’ data is about more than useful and timely policy positions. Thing. It’s a must in the digital age.

Jonathan Joseph is a member of the Board of DirectorsEthical tech project.