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

In today’s world, data is power. It’s little wonder, then, that the White House issued an executive order last month that redefines the boundaries of this power.  

In a move positioned as safeguarding the security and privacy of U.S. citizens, the Biden administration attempts to prevent sensitive American data from falling into the hands of “countries of concern.” 

By targeting the flow of personal information to U.S. adversaries — including China and Russia — this executive order makes it super clear (in case it wasn’t already) how valuable and prone to mischief our personal data is. By preventing our most personal data, such as where we go, how we feel, and intimate details buried in our health records, from falling into the hands of potentially hostile states, President Biden hopes to reduce the potential for blackmail, scams and national security leaks. 

While this move should be welcomed as a step toward safeguarding personal information from external threats, it stops short of addressing the numerous ways in which sensitive data is routinely commodified and mishandled domestically. And that’s to say nothing of what happens to our personal data when it crosses the borders to the hundreds of other nations not designated “countries of concern.” 

The weaponization of data — and the practice of what could be described as “data arms dealing” — represents a much broader and pervasive issue. There are far bigger threats than those addressed by the executive order address.  

Digital defense 

We should celebrate the intention behind this executive action. The leakage of sensitive data can put activists, journalists and others in the political spotlight at risk of digital extortion or suppression. Even data on military personnel isn’t immune. In these cases, personal data can become the weapon of choice for foreign entities. Preventing the transaction of sensitive data with hostile nations, the executive order fortifies, at least partly, the digital defense of America’s citizens— but it has further to go.   

A wider lens on data privacy 

As the White House subtly noted in its statement, the order is not a panacea for all data privacy woes. Nor does it aim to replace comprehensive federal privacy legislation that Congress has grappled with for several years.Our lives are intertwined within a complex ecosystem where our data is continuously harvested and traded, not just by foreign entities but within our own borders. 

Here, data brokers and tech giants engage in a form of data arms dealing that threatens our liberty. Mental health data and sensitive location data are collected and traded (sometimes under false pretenses, or lack of transparency) to feed the targeted advertising beast. The entities responsible — often unseen and unaccountable — will not be affected by this executive order. They will continue to trade our personal information as if the most sensitive details of Americans’ health and habits were mere commodities. 

Of course, “countries of concern” shouldn’t have access to our sensitive data. But other countries, including the U.S., and non-sovereign big tech companies, should respect our data dignity as well.  

Data dignity as a fundamental right 

Data dignity should not be granted piecemeal, and nor should it be a right extended only in the face of foreign threats. The battleground is at home, in the everyday transactions that strip away our data dignity, piece by piece.  

Moreover, the message in the executive order — in the form of restrictive measures against specific nations — may inadvertently signal that data transactions elsewhere are acceptable, undermining what should be a universal principle of respect and agency over our personal data.  

Data privacy requires comprehensive safeguards that recognize the inherent value and vulnerability of personal information. Our national understanding of data needs to move away 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 corporations, necessitates a fundamental reevaluation of data rights. It is not enough to ban the sale of data to specific nations, although this is a positive move. We must challenge the very premise that personal information should be up for sale, at home or abroad. 

This executive order underscores the broader challenge of establishing a universal standard for data dignity and respect. It highlights the ongoing struggle to protect personal information in a world where it is continuously exploited, often sacrificing individual rights and consent in the process. 

Right now it appears too much to ask that America might place data dignity at the heart of digital policy, and that’s disappointing. But we should continue to argue for a future where true data dignity is protected as foundational to individual privacy and autonomy, and where the value of personal information transcends borders and market transactions.  

So, a reminder to the White House: we know this is an important year politically, but the data dignity of Americans is more than a useful and timely policy position. It’s an imperative in the digital age.  

Jonathan Joseph is a board memberThe Ethical Tech Project.