donau

Donation authority for GNU Taler (experimental)
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intro.tex (16190B)


      1 \section{Introduction}\label{intro}
      2 
      3 This paper presents the design and implementation of a protocol for
      4 donation handling that satisfies a broad range of potential technical
      5 requirements and desiderata for donation systems.  The protocol
      6 enables {\em donors} to make incognito donations to registered {\em
      7   charities} and still receive a tax benefit for donations to
      8 charities recognized by {\em tax authorities}, while at the same time
      9 preventing fraud (Figure~\ref{fig:stakeholders}).
     10 
     11 \begin{figure}[ht]
     12 \begin{center}
     13 \begin{tikzpicture}
     14     \node (image) at (0,0) {\includegraphics[width=0.05\textwidth]{stickman}};
     15     \node at (0,-1.3) {Donor};
     16     %arrow
     17     \draw (1,0) -- (5,0) node [midway,above] {donation};
     18     %charity
     19     \node (image) at (5.5,0) {\includegraphics[width=0.075\textwidth]{charity}};
     20     \node at (5.5,-0.7) {Charity};
     21     %arrow
     22     \draw (5,-1) -- (3.5,-2.5) node [midway, below, rotate=45] { recognition };
     23     %server
     24     \node (image) at (3,-3) {
     25     \includegraphics[width=0.06\textwidth]{tax-authority}};
     26     \node at (3,-3.8) {Tax Authority};
     27     %arrow
     28     \draw (1,-1) -- (2.5,-2.5) node [midway, below, rotate=-45] { taxation };
     29 \end{tikzpicture}
     30 \end{center}
     31 \caption{Stakeholders present in the Donau system.} \label{fig:stakeholders}
     32 \end{figure}
     33 
     34 Donating is an important way for people to empower causes they believe in and
     35 facilitate collective action. In many countries there is explicit state
     36 recognition of the wider public benefit of enabling such generosity: a friendly
     37 tax treatment of donations. This makes financial sense as well: money immediately given
     38 away to a recognized, independently administered good cause is not
     39 income that will be used for private consumption. So, conceptually,
     40 it deserves a different tax treatment.
     41 
     42 Today, charities issue donation receipts which generally bear the
     43 name of the charity.  The donor often has to include the donation
     44 receipts in their tax declaration; this means the tax authority not
     45 only learns the amount that the tax payer donated to charitable
     46 organizations but also how much they gave to which.
     47 
     48 %% JL: I strongly suggest completely removing this paragraph. I'm not sure we
     49 %% need to be so abstractly idealistic, and even if we do, the citation is
     50 %% ideologically dissonant with the text that precedes it. ALEC is a right-wing
     51 %% pro-corporation model legislation factory whose goal is to eviscerate US
     52 %% civil liberties, labor rights, environmental regulation, etc. It actively
     53 %% fights against the civil rights mentioned just before it.
     54 
     55 % Donations can serve many causes, but quite often they are an obvious expression
     56 % of the human right towards the freedom of thought, conscience and religion.
     57 % Unencumbered financial contributions to public benefit organisations as a means
     58 % of collective action exhibits significant conceptual overlap with often
     59 % strongly protected civil liberties like freedom of speech and freedom to
     60 % assemble. The American Legislative Exchange Council, the largest voluntary
     61 % membership organization of state legislators in the USA, adopted a model
     62 % resolution in 2016 \cite{ALEC2016} in support of nonprofit donor privacy,
     63 % stating that "nonprofit organizations are a primary mechanism by which groups
     64 % of people assemble to practice free speech and express their opinions on
     65 % political and nonpolitical subjects".
     66 
     67 Individual spending quickly becomes very intimate and personal, as even
     68 aggregate spending habits can reveal a great deal about people through
     69 behavioral analytics and
     70 psychographic profiling.~\cite{purchase2018wen,purchasepsyco2019gladstone}
     71 This holds even more for
     72 acts of donating, which is typically highly revealing about e.g. belief systems
     73 and intersectionality of the individuals in question.~\cite{religiondonation2015deabreu}
     74 
     75 Protecting donation confidentiality is therefore important to protect
     76 those freedoms. We have to recognize that in some situations the mere
     77 fact that someone has -- in private -- donated to some cause at some
     78 point in their life, can later put them at risk in another context.
     79 The right to privacy is thus a critical aspect of donating.
     80 
     81 International human rights law also provides a non-ambiguous responsibility
     82 to promote and protect the right to privacy:
     83 Both freedom of thought and informational self-determination are
     84 anchored in key international treaties and covenants such as the
     85 Universal Declaration on Human Rights (Article 12)~\cite{udhr1948}, the European
     86 Convention for the Protection of Human Rights and Fundamental Freedoms
     87 (Article 8)\cite{ecphrff} and many more.
     88 
     89 
     90 \subsection{Protection towards all sides}
     91 
     92 Privacy protection against outside parties is not the only concern.
     93 Threats to privacy may come from the recipient charity as well.
     94 Even when a donor considers a
     95 particular philanthropic cause to be worthwhile, the charity may use
     96 information about the donor's past giving to aggressively solicit them for more
     97 contributions afterward.
     98 This happens in particular when such organizations
     99 employ third party (often for-profit) agencies to help ``yield'' more donations
    100 on a commission basis.  For-profit fund
    101 raising agencies often engage in privacy-invasive practices to identify and contact potential donors.
    102 One common scenario is that after a first donation, such agencies % calling them "bad actors" might be unnecessarily opinionated. From a privacy perspective they are not good, but many organizations also rely on these services to not go bankrupt. -JL
    103 start to aggressively pressure a particular donor for more --- with personalized
    104 emails, letters, phone calls and even in-person visits.
    105 They also reuse donor information between charities,
    106 leading to an avalanche of donation requests from organizations that the donor might not be interested in supporting.
    107 
    108 In the era of data-driven donations and corporate social media
    109 surveillance, this kind of behavior has unfortunately become so easy
    110 that there are not just pro bono but even paid services (e.g.,
    111 \href{https://www.donateursbelangen.nl/opzegservice}{Stichting
    112   Donateursbelangen} in the Netherlands) to de-register and exercise the ``right to be
    113 forgotten'' after donating.
    114 
    115 These concerns suggest that a privacy-preserving donation system
    116 should also allow donors to remain anonymous with respect to the charity itself,
    117 if that is their wish.
    118 
    119 % Commenting out, too much repetition for my taste. -CG
    120 %Even without such excesses, there are many circumstances when people
    121 %like to donate something to their preferred causes without revealing
    122 %their identity.  Some people just prefer to stay anonymous because of
    123 %personal beliefs or even religious requirements, or simply do not want
    124 %to have publicity which might lead to a cascade of efforts from fund
    125 %raisers.
    126 
    127 %\subsection{Donation confidentiality}
    128 
    129 %Making a financial donation is a deeply personal choice to share part
    130 %of one's wealth in order to benefit a cause one cares about. Some
    131 %traditional ways of donating (for instance passing around baskets or
    132 %even plates in a religious gathering) are vulnerable to group
    133 %pressure, and door to door fundraising is also confrontational and
    134 %puts people on the spot.
    135 %
    136 %Donations in their purest form should be devoid of such pressures and in cases
    137 %where there is no need for, e.g., virtue signaling, donation confidentiality
    138 %comes into play. Historically, people wanting to make an anonymous donation
    139 %might have an envelope with cash or a box of goods delivered. Obviously, this
    140 %was never compatible with providing tax benefits. Alternatively, they might
    141 %arrange for an expensive intermediary like a notary (although that would not be
    142 %fully anonymous and depends on the discretion of the notary).
    143 %
    144 %Technically guaranteed donation confidentiality is certainly
    145 %non-trivial to implement in the digital payment era. What you donate to and why
    146 %may be strictly personal, but along the financial pipeline there is an
    147 %uncomfortable number of actors handling sensitive data that allows for
    148 %profiling and targeted discrimination on grounds. And there are even more that
    149 %later on may get access to it. Digital payments are logged and made accessible
    150 %to many different actors, and reporting donations to tax authorities adds yet
    151 %(at least) one more actor to the pipeline.
    152 
    153 
    154 \subsection{Overview of the requirements analysis}
    155 
    156 There are two types of donations. The first is {\em
    157   ad hoc} or {\em informal donations}, which are made from individual
    158 to individual as {\em one time gifts} typically out of spontaneous compassion
    159 or in appreciation of the
    160 work being done by an individual or collective. The second category is
    161 {\em regulated donations} involving at least one {\em recognized}
    162 philanthropic organization or charity.  Both involve voluntary
    163 transferal of some financial assets for which no products or services
    164 are rendered in return.
    165 % NOTE[oec]: what types of donations are _not_ considered, and why?
    166 % TL for the first time I'd include ad-hoc donations to beggars or to some
    167 % collection boxes; that doesn't fit well with the appreciateion but rather
    168 % with pity or compassion
    169 
    170 We focus on donations to charities
    171 which would be eligible for claiming tax benefits as that scenario triggers the
    172 most complex requirements.
    173 
    174 As part of their regular operations as well as their recognition as
    175 public benefit organizations, registered charities are already typically
    176 subject to a variety of audits as well as strict regulatory and fiscal
    177 scrutiny. Good causes that do not adhere to these rules are stripped from any
    178 fiscal benefits.
    179 From a regulatory point of view, it should be compliant to have donations to
    180 recognized public benefit organizations
    181 be confidential: donors should be able to freely choose whichever
    182 of the approved philanthropies they donate to, without having to disclose which.
    183 
    184 We note that in some countries there are different tiers of philanthropies.
    185 Some countries like Italy and the Netherlands have for instance particular tax
    186 facilities for cultural philanthropies, offering more attractive rates of tax
    187 benefits than for regular philanthropies. Obviously, this needs to be taken
    188 into account when designing a system, but does not take away the fundamental
    189 premise that within those categories it is no concern of a government which
    190 particular recognized causes are supported.
    191 
    192 In this work we solve the issue of privacy-preserving donations with
    193 tax deductions by adhering to ``privacy by design'': In cases where
    194 perfect confidentiality is not (yet) feasible, we provide fallbacks
    195 that best serve the interest of donors, give them choice and respect
    196 their privacy as well as the current context allows.
    197 
    198 
    199 \subsection{Digital Cash}
    200 
    201 Digital cash~\cite{Chaum89} based on tokens issued using blind
    202 signatures has previously been
    203 suggested~\cite{donations2003blind} as a foundation for donation systems that allow
    204 donors to remain anonymous but easily identify donation recipients.
    205 The untraceability of the underlying payment system for purchases easily provides untraceability in the donation context as well.
    206 The crucial difference is that the Donau system gives tax-deductible donation
    207 receipts without revealing the charity donated to.
    208 
    209 Our current implementation is designed to work in conjunction with the
    210 GNU Taler~\cite{Taler} payment system.  GNU Taler is a {\em digital
    211   commons}, based on Free Software~\cite{stallman2009free} and advanced
    212 cryptography. This means that -- unlike proprietary products -- anyone
    213 can easily extend and customize the core system.
    214 
    215 As the underlying acronym (``Taxable Anonymous Libre
    216 Electronic Resources'') suggests, GNU Taler bridges two seemingly opposing
    217 requirements: 1) providing privacy to citizens with regard to how they
    218 spend their money in the digital realm, and 2) making these expenditures (on the receiving end) transparent to and auditable by appropriate financial institutions.
    219 These high-level
    220 objectives philosophically match nicely with our objective of
    221 achieving privacy-preserving donations with tax-deductability.
    222 
    223 
    224 \subsection{Approach}
    225 
    226 At a high level, the Donau protocol consists of five steps:
    227 \begin{enumerate}
    228 \item Charities are recognized by the tax authority and their
    229   credentials are registered at the Donau service provider.
    230 \item Tax payers are assigned tax payer identification numbers.
    231 \item A donor makes a donation to a charity and receives
    232   blindly signed donation confirmation tokens bound to
    233   their tax payer identification number in return.
    234 \item After the tax period ends, each donor submits their
    235   collected donation confirmation tokens to the Donau and
    236   receives a summary donation statement over the total
    237   amount bound to their tax payer identification number.
    238 \item Donors submit the summary donation statement with
    239   their tax filing to the donation authority, which validates
    240   the digital signature from the Donau.
    241 \end{enumerate}
    242 
    243 The Donau protocol makes it possible for the donor to give an
    244 unforgeable proof of the combined amount they donated to registered
    245 charities, without the charities or the tax authorities learning who
    246 donated to whom. The privacy features obviously require that there is
    247 more than one charity and more than one donor. The Donau protocol
    248 itself is actually oblivious to how the payment underlying the
    249 donation happens. If the donor chooses to donate by credit card or
    250 bank transfer, then their identity may become known to the charity
    251 through the payment process.
    252 %
    253 However, a relevant feature of the protocol is that the charity does
    254 not need to learn the identity of the donor. Hence, if payments are
    255 made with GNU Taler or a similar privacy-preserving payment method, the
    256 Donau protocol will preserve the privacy properties of that payment
    257 system.
    258 
    259 The design requires the creation of a Donation Authority (Donau), an
    260 additional service separate from the charities and the payment system.
    261 The Donau is responsible for recognizing charitable organizations and
    262 tracking the total amount of donation receipts each charity is issuing
    263 for the charitable contributions the charity is receiving.  It is
    264 typically expected that each competent tax authority would operate
    265 a Donau for the taxpayers in its domain.  We note that the Donau does
    266 not receive sensitive private information about donors: privacy is
    267 achieved using cryptography to unlink proofs of donations from the
    268 actual donation process. Even the taxpayer identification number is
    269 only ever disclosed with the final tax statement to the tax authority,
    270 but not to the Donau service or the charity.
    271 
    272 
    273 \subsection{Structure of the paper}
    274 
    275 Section~\ref{requirements} provides some deeper analysis on the
    276 various requirements that donation systems may need to satisfy.  There
    277 are many aspects to donations and for the technical design and
    278 implementation we chose to focus on a design that provides privacy for
    279 donations.  Section~\ref{technical} provides technical details on the
    280 core design of the Donau protocol, while ignoring some of the more
    281 complex use-cases from Section~\ref{requirements}.
    282 Section~\ref{implementation} gives an overview of our existing implementation of the Donau server.
    283 Finally, Section~\ref{discussion} explains extensions of the core design that
    284 could be used to address all of the main use-cases.  Many of these
    285 extensions are simply a matter of proper integration and user
    286 interface design, while a few presume the existence of a widely
    287 available digital identity system (such as citizen ID cards, or the European
    288 Commission's \href{https://ec.europa.eu/digital-building-blocks/sites/display/EUDIGITALIDENTITYWALLET/EU+Digital+Identity+Wallet+Home}{Digital Identity Wallet}) that provides a single
    289 unlinkable pseudonym for each citizen per charity.
    290 
    291 Navigating donation regulations involves adhering to a multitude of
    292 directives on transparency, anti-money laundering, tax compliance, and
    293 data protection while also meeting specific requirements in individual
    294 countries. Compliance ensures trust in the philanthropic sector,
    295 promoting ethical giving practices within a complex regulatory
    296 landscape.  Cross-border donations are particularly challenging.
    297 We review some of the legal and regulatory background in
    298 Appendix~\ref{app-back}.