Karsten Wenzlaff, Advisor
August 26th, 2025
February 17 2026 | Market Insight | Artificial Intelligence Governance

Image: Freepik
On February 17 2026, a New York federal court ruled in United States v. Heppner that written exchanges between a defendant and Anthropic’s Claude are not protected by attorney client privilege or the work product doctrine.
The case centred on about 31 documents that recorded the defendant’s interactions with Claude. Investigators collected the files during a search after the defendant received a grand jury subpoena and understood he was under investigation. He used Claude to generate reports that outlined possible defence strategy and potential legal and factual arguments. He did this on his own rather than at the direction of his lawyer.
The court applied standard privilege rules and found the documents fell outside protection. Judge Jed S. Rakoff explained that discussions between non-lawyers were not privileged and that privilege depended on a confidential relationship with licensed counsel. The court also found the Claude conversations were not confidential because they involved a third party platform and the platform’s privacy policy alerted users that data could be collected and disclosed.
HSF Kramer’s analysis of the ruling explains how client side use of public generative AI tools could weaken privilege claims. The defendant argued that he created the Claude reports to prepare for conversations with his lawyer and later shared them with counsel. The court rejected that argument. Because the defendant used the tool independently and Claude disclaimed providing legal advice, the documents did not become privileged simply because counsel received them later.
The court reached the same result under the work product doctrine. That doctrine protects materials prepared by or at a lawyer’s direction to safeguard legal strategy. Since the defendant created the documents himself, the court found they did not reflect counsel’s mental impressions or strategy.
The defendant’s approach reflected a workflow many teams now follow. People often use generative AI to organize facts, test arguments, or prepare notes before speaking with a lawyer. In practice, AI can feel like a private drafting space. The Heppner ruling shows that this assumption creates risk because privilege depends on lawyer involvement and confidentiality at the time material is created, not later.
This decision shows how everyday AI use can create governance risk. Fintech teams often rely on generative AI to draft internal notes, explore regulatory interpretations, test legal arguments, and shape product thinking.
When teams create prompts and outputs outside privileged workflows, those materials may be treated like ordinary internal documents and may surface in litigation, investigations, or regulatory reviews.
The Heppner outcome also challenges a common assumption that AI drafts become privileged once shared with a lawyer. Timing and intent matter. If teams generate strategy or legal framing before counsel becomes involved, privilege arguments may already weaken. Enterprise AI environments may offer stronger confidentiality controls, but the decision shows privilege still depends on lawyer involvement and clear intent to obtain legal advice.
If generative AI captures early legal and strategic thinking, should fintech governance treat AI prompts with the same care as internal legal memos and executive communications?
Privilege depends on how and when material is created, not what you do with it later.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Feb 25, 2026 | NCFA Fintech Market Activity | Identity Privacy And Data Governance

Image: Freepik
On February 24 2026, SLC Digital and Tracer Labs announced a partnership that links SIM or eSIM backed device proof with portable digital identity and consent credentials.
The goal is to reduce account takeover exposure and strengthen approvals for high risk actions by proving the authorized device is present and the right person approves the action. SLC Digital says it anchors device trust to the SIM or eSIM and mobile network signals. Tracer Labs says its Trust ID layer supports identity verification, consent, and authorization workflows without repeatedly exposing personal data.
The FBI Internet Crime Complaint Center says that since January 2025 it has received more than 5,100 complaints reporting account takeover fraud, with losses exceeding $262 million
It's an interesting partnership because many platforms still separate identity from authorization. Identity checks often happen at onboarding while authorization often relies on an in app prompt or an SMS one time code. The solution describes a combined workflow that ties a sensitive action to a trusted device and a verified identity and consent credential, so the platform can show stronger evidence that the real user approved the change.
It fits best where one compromised session creates immediate damage. Think bank account changes, payout destination edits, payroll modifications, admin role changes, high value transfers, and merchant settlement rerouting. Those flows also create regulatory and audit exposure when firms cannot clearly prove who approved what and from which trusted endpoint.
Travis McGregor, CEO, SLC Digital:
“This partnership strengthens how organizations defend against modern digital fraud,”
Pete Hayes, CEO, Tracer Labs:
“Digital ecosystems can’t rely on one-time authentication in a world of autonomous agents and sophisticated threats,”
The companies will begin with a joint pilot and expand into enterprise deployments. It also lists SLC Digital partnerships and affiliations that signal an infrastructure grade route to market, including work with GSMA, IDEMIA, and Monogoto, plus membership in the NVIDIA Inception program.
If account takeover losses keep climbing, do banks and fintechs start treating device rooted authorization plus portable consent credentials as a baseline requirement for high risk actions, not an optional upgrade?
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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February 23, 2026 | NCFA Market Activity | Artificial Intelligence And Data

On February 21, 2026, B.C.’s premier says police are pursuing preservation orders for potential evidence held by digital services companies, including social media platforms and AI companies, after media reports tied OpenAI to the case. This isn't a new fintech policy just yet, but it puts evidence readiness into the open. If a partner asks what you can preserve and produce under lawful process, you can’t appear like a 'deer in headlights'. You need a working path.
BC Government, Office of the Premier, Media Relations:
“Reports that allege OpenAI had related intelligence before the shootings in Tumbler Ridge took place are profoundly disturbing for the victims’ families and all British Columbians. We will use all powers of government to ensure that police have the tools they need to investigate every aspect of this horrific tragedy.”
RCMP report said that the active shooter call came in at about 1:20 p.m. on February 10 and the public alert ended at 5:45 p.m. Six victims were found deceased inside the school, two victims were airlifted with serious or life threatening injuries, a third victim died during transport, and about 25 others were assessed for non life threatening injuries. RCMP also reports two additional victims were found deceased at a connected residence.
On February 13, RCMP reports more than 80 interviews took place with students, educators, and first responders, while forensic teams continued processing two scenes and a vehicle connected to the suspect. The investigative update also reported digital evidence work including witness images and videos, CCTV, and body worn camera video, and it says RCMP launched an online portal to collect more evidence, including phone footage captured inside the school.
In a BBC report, OpenAI spokesperson said that they didn't alert authorities about the account because its usage didn't meet its threshold of credible or imminent plan for serious physical harm to others...
"In June 2025, we proactively identified an account associated with this individual [Jesse Van Rootselaar] via our abuse detection and enforcement efforts, which include automated tools and human investigations to identify misuses of our models in furtherance of violent activities."
Evan Solomon, Minister of Artificial Intelligence and Digital Innovation per Globe and Mail reporting:
"Canadians expect online platforms, including OpenAI, to have robust safety protocols and escalation practices in place to protect online safety and ensure law enforcement are warned about potential violence,"
This story turns AI governance into an evidence workflow. If your product runs AI in onboarding, fraud triage, collections, or support, partners need clear answers on what the system records, what it retains, who can access it, and how the team preserves and produces records under lawful process without breaking integrity. A stakeholder may accept model error but they won’t accept uncertainty about records, access, and escalation ownership when scrutiny rises.
Financial technology companies should define escalation triggers in plain language. Name an accountable owner and a backup. Restrict log access. Set retention windows you can defend. Test a short runbook for preservation and production so the team can execute it without debate when the question lands, an be sure to provide suitable ongoing training.
If preservation orders become a more common tool when AI enters an incident, does Canada need a shared baseline for AI logging, retention, and escalation handoffs so every regulated buyer does not rebuild the same checklist from scratch?
Reuters reported that OpenAI reps have been summoned to Ottawa urgently to discuss AI safety.
Update per CTV article: Following the meeting in Ottawa with OpenAI safety leaders, federal officials said they were “deeply disturbed” and ultimately “disappointed” that warning signals tied to the Tumbler Ridge shooter were not escalated to police earlier, with AI Minister Evan Solomon stressing Canadians expect platforms to maintain “robust safety protocols and escalation practices.” OpenAI is cooperating with the RCMP but produced no immediate new safeguards, leaving ministers to seek concrete follow-up proposals.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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February 20, 2026 | NCFA Market Activity | Policy and Regulation

On February 20 2026, the U.S. Supreme Court tariff ruling found President Trump overstepped authority when invoking emergency powers to impose tariffs, delivering a 6 to 3 decision that impacts trade policy expectations across North America.
The ruling removes one of the most aggressive tariff pathways by confirming that emergency powers cannot serve as a broad trade policy tool. However, other legal authorities remain available, meaning tariff risk does not disappear. Policymakers in Ottawa have already begun reviewing the decision’s implications as cross border supply chains remain exposed to policy shifts.
Canada has already experienced tariff volatility during earlier policy cycles. April 2025 tariff impacts on Canadian businesses highlights how sudden trade actions disrupted pricing, inventory planning, and SME financing decisions. Separate analysis of Canada’s tariff trade tensions and economic spillovers shows how cross border friction affects supply chains and investment confidence even when exemptions exist.
The latest ruling may remove one legal foundation for tariffs, but uncertainty remains as governments retain alternative tools. For Canadian exporters and importers, planning risk continues to dominate strategic decision making.
Recent trade data reflects tariff driven disruption across the Canada United States corridor. Statistics Canada indicators show softening export volumes and declining imports during escalation periods, spotlighting how policy uncertainty can translate into pricing pressure, inventory swings, and capital allocation challenges for businesses operating internationally.
If tariff policy remains unpredictable despite judicial limits, will exporters accelerate adoption of embedded treasury, automated FX, and digital trade finance tools as core resilience infrastructure?
Tariffs apply to goods, yet financial effects surface across payments, FX settlement, and liquidity management. Companies facing trade uncertainty typically increase hedging activity, rely more heavily on short term working capital, and demand faster reconciliation to manage cash exposure.
The Supreme Court decision restores an important legal boundary but doesn't end tariff uncertainty. Political pressure around industrial policy and trade protection remains elevated, suggesting continued volatility in cross border commerce.
For Canada’s fintech ecosystem, the news may strengthens the role of fintech platforms focused on cross border payments, FX automation, trade finance digitization, and SME liquidity tools. Firms that help businesses forecast cash flow, manage currency risk, and access capital faster become operational buffers against geopolitical volatility.
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The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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February 20, 2026

Image: Freepik/DC Studio
Along with the rest of the world, Canada's citizens are facing new cybersecurity threats. This can make it hard to feel confident online. The real-world result can lead to financial loss, sensitive data being available to all, and a wider impact on the economy.
Here are some of the issues you could encounter, as well as measures to protect yourself.
One of the newest types of issues is AI-powered scams, or deepfakes. Criminals use AI to create personalized social engineering attacks. This could be in the form of fake videos of celebrities "talking" to you or as a romance scam.
Always verify the person you are speaking to independently, especially if they ask for money or passwords. Remember, celebrities will never do this, so it is an immediate red flag.
Check any videos carefully. If you watch, you will be able to spot weird movements that break the AI illusion, such as words not matching with mouth movements.
Malicious websites are selling compromised credentials such as passwords, user logins and personal information, which can lead to account takeovers.
Avoid your accounts being at risk by manually requesting removal from major broker sites. There are legitimate companies you can pay to do this, as it is time-consuming.
Try to practise good online hygiene. Make sure you have strong passwords that you change regularly. Do not open strange emails, as they could be links to harvest your data. Importantly, if you do think someone has information they shouldn’t, report it to the relevant body in Canada.
As a small to medium-sized business owner, your company is important to your personal life. You may notice that your business is targeted by scammers to gain access to secure networks. This puts any personal data in your care at risk.
Implement rigorous vendor risk management, as well as mapping the supply chain for any vulnerabilities. Make it part of your policy to conduct regular manual checks as well as employ software to monitor your network continuously.
Ransomware remains the top cybersecurity threat. It works by infiltrating your systems and network, rendering your data inaccessible. This enables fewer technical criminals to launch attacks against both individuals and businesses.
Make sure you have system backups offline and regularly check for and apply security patches to all systems. Consider using a VPN free to encrypt your data, making it harder for criminals to access and read.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Feb 18, 2026 | NCFA Fintech Market Activity | Payments and Cybersecurity

Image: Freepik/viarprodesign
On February 18 2026, reports of fake Olympic merchandise stores harvesting payment data surfaced ahead of the Milan Cortina Winter Games, exposing how large scale sporting events create concentrated digital commerce risk for consumers and payment providers.
Security researchers said fraudulent online stores replicated official Olympic branding and targeted fans through paid social ads. These sites collected card details and personal information at checkout, highlighting how event driven ecommerce spikes attract coordinated fraud campaigns designed to exploit urgency and trust.
Olympic Games generate predictable surges in travel bookings, ticketing, merchandise sales, and hospitality spending. That volume creates a short window where fraud actors can test payment authentication controls, merchant verification processes, and consumer awareness at scale. For payment providers, the risk is less about individual transactions and more about reputational and chargeback exposure across thousands of purchases.
Major global events have historically accelerated payments adoption, from contactless transit trials to mobile wallet acceptance across venues. At the same time, they expose gaps in digital identity verification, merchant onboarding, and fraud detection workflows. This combination turns Olympic commerce into a real world stress test for payment security infrastructure.
Canadian cross-border spending behaviour consistently ranks high per Olympic visitor card spend, meaning domestic issuers and fintech wallet providers often absorb fraud impacts even when the transaction originates overseas. That creates incentives for stronger real time transaction monitoring, merchant intelligence, and consumer education before peak travel windows.
Large scale events compress digital commerce into short intense spending cycles. When Olympic demand meets fraudulent storefronts and social commerce ads, which payment safeguards will prove most resilient for consumers, merchants, and fintech platforms?
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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