Trade Secrets Law in the AI Era

There is growing agreement on the need for transparency and accountability in artificial intelligence (AI) systems. Yet their foundational elements — source code, algorithms, data sets and training manuals — are often protected as trade secrets, an area of intellectual property rights often only lightly touched on or sidestepped in discussions on AI governance. Variation in trade secrets protection across jurisdictions complicates the discussion.

In this paper, Burcu Kilic writes that “if AI policy is a complex puzzle we aim to solve, then trade secrets represent a cornerstone piece.” Focusing on the legal aspects, Kilic sets out to synthesize key insights from the literature in examining the often overlooked yet crucial world of trade secrets, with the goal of providing legal clarity and direction in conversations on AI.

CIGI is pleased to announce that Timothy (Tim) Lane has joined CIGI as a senior fellow. Tim was deputy governor of the Bank of Canada from 2009 through 2022, where he shared responsibility for monetary policy and undertook other responsibilities covering all main areas of central bank policy making, and led work on central bank digital currency and payments modernization.

A warm welcome to Tim!

In this op-ed first published by Canada’s National Observer, Sharon Polsky critiques three bills before Parliament: Bill C-26, An Act Respecting Cyber Security; Bill S-210, the Protecting Young Persons from Exposure to Pornography Act; and Bill C-63, the Online Harms Act.

Noting the alarm sparked among “privacy commissioners, civil libertarians, academics, lawyers, and the few elected representatives who correctly understand the profound implications and unintended consequences of such legislation,” Polsky argues that “imposing unworkable obligations on private companies” is not the answer. “We have long provided MPs and senators with resources to strengthen their bilingualism. Perhaps it’s time we did the same to strengthen their internet literacy?”