Challenges in Transborder Data Flow

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Chapter 10

• Challenges in Transborder Data Flow
• Effy Oz.

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Agenda

• Basic Assumptions of the Chapter
• Recent History Hurdles to TBDF
• Technical constraints
• Political considerations
• Language barriers
• Cultural differences
• The LAW
• Discussion

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Basic Assumptions

• Free flow of information is one of the
  cornerstones of free trade and economic growth.
• There are still some challenges that make
  international transfer of data difficult or
  simply impossible.
• Standardization of hardware and software has
  resolved many technical issues

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Basic Assumptions

• A hurdle (or a challenge) is a problem
• These challenges fall into neat categories
• The remaining categories revolve around cultural,
  political and economic interests
• What is an interest?
• Why do countries have interests and how are they
  manifested?

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Transborder Data Flow Inhibitors
Connectivity Connections INTO the
country Connections TO people/orgsBandwidth B
PS generallySecurity Making sure transactions
are privatePolitical Constraints Role of
Government, interference Language,
Measures Translation of web information General
use of language Technical language
specifications Cultural Differences People-people
relationships Local valuesLegal Issues US
vs. the World
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TBDF Inhibitors Technical
Connectivity Few countries still not
linked Some countries insufficient
servers Many countries restrict
accessBandwidth Many countriesnarrow
bandwidthSecurity Largely resolved (!), but
dont you be- lieve it.
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TBDF Inhibitors Political
Political Constraints Who should control is often
linked to political/social/economic
system Some countries think information is
a national asset. Others dont buy into
the free enterprise ethic.
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TBDF Inhibitors Language
Language, Measures Dynamic translation imperfect,
clumsy US vs. the world on distance, weights,
address, date standards. Rest of the
world (ROW) is generally metric
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TBDF Inhibitors Cultural
These views are reinforced by politicians and are
often based in reality. What is A culture?
Cultural Differences Culture and
values Symbol usage
Many countries want to protect their culture
against foreign, often American, influences
These interfere with attempts to adopt business
styles and portfolios.
In addition, each culture has a set of symbols,
colors, postures, etc. that is unique
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TBDF Inhibitors Legal
Law Sector Public vs. Private Type of
processing, processor About people or
organizations

• Type of Protection or provision
• Prespecified information collection
• Individual right to inspect, know, challenge
• Informed consent

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Transborder Data Flow the Situation
Issue I Protecting against unwanted incoming
info. imperialism issue
Issue III Taking part in the growth of ICT in the
world issue of participation
Entity
Issue II Protecting against prying eyes of others
not of us protectionism or privacy issue
Entity could be a country, a state, a region, a
community, an organization, a family
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Your Thoughts

• Regulation?
• Free Market?
• Role of the Individual?
• Role of Technology?
• Technological determinism
• Technological fatalism