China's cybersecurity law will constrain foreign firms

Subject China's forthcoming cybersecurity legislation. Significance Public consultation has just opened on a new draft cybersecurity law. The draft's definition of 'security' includes not only technical elements but also regime survival and social stability. Impacts Operators of 'critical information infrastructure' will have to localise their user data within the territory of China. The law could provide a legal basis for retaliating against efforts to circumvent the Great Firewall. The government will support China's IT sector, considering technological independence necessary for national security. The law will place new obligations on businesses regarding protection of data privacy.

Subject Ant Financial's Sesame Credit rating service. Significance Foreign commentary often confuses Sesame Credit -- a voluntary credit-rating service for users of e-commerce giant Alibaba -- with the social credit systems the government has established to punish illegal and anti-social behaviour. However, the two systems function in different ways, have different objectives and use different data. Impacts Foreign firms in China can benefit from using Sesame Credit to assess trustworthiness and creditworthiness, or for identity brokerage. Far from developing into an ever more all-embracing and ubiquitous system, Sesame Credit’s growth has probably plateaued. Controversies around data privacy and the non-disclosure of Sesame Credit’s algorithms indicate that Chinese users care about these issues.


2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.


2021 ◽  
Vol 00 (00) ◽  
pp. 1-19
Author(s):  
Diah Yuniarti ◽  
Sri Ariyanti

This study aims to provide recommendations to the government on regulating licence, content and data privacy and protection for integrated broadcast-broadband (IBB) operations in Indonesia, by referencing Singapore, Japan and Malaysia as case studies, considering the need for umbrella regulations for IBB implementation. Singapore and Japan were chosen as countries that have deployed IBB since they have been using hybrid broadcast broadband television (HbbTV) and Hybridcast standards, respectively. Malaysia was chosen because it is a neighbouring country that has conducted trials of the IBB service, bundled with its digital terrestrial television (DTT) service. The qualitative data are analysed using a comparative method. The results show that Indonesia needs to immediately revise its existing Broadcasting Law to accommodate DTT implementation, which is the basis for IBB and the expansion of the broadcaster’s TV business. Learning from Singapore, Indonesia could include over-the-top (OTT) content in its ‘Broadcast Behaviour Guidelines’ and ‘Broadcast Programme Standards’. Data privacy and protection requirements for each entity involved in the IBB ecosystem are necessary due to the vulnerability of IBB service user data leakage. In light of this, the ratification of the personal data protection law, as a legal umbrella, needs to be accelerated.


Author(s):  
William M. Lewis

English is a subtle language with many words that offer fine shades of meaning, but it also can be blunt and unequivocal. Dictionaries were not made for words such as hairdo, ballpark, or pigpen. The law, however, as practiced by Americans, can mutate the meaning of even the humblest word. If the law concerns itself with pigpens, then we must know whether a pigpen still exists when the pigs are removed and, if so, for how long. We must know if a pen originally built for cattle can become a pigpen if occupied by pigs and if pigpens are the same in all parts of the nation. In short, we must have federal guidance, regional interpretations, legal specialists, and technical authorities on pigpens. So it is with wetlands. The chapters of this book will show how troublesome the definition of wetlands has become since the federal government began regulating them. In the meantime, it will suffice to define wetlands informally as those portions of a landscape that are not permanently inundated under deep water, but are still too wet most years to be used for the cultivation of upland crops such as corn or soybeans. Wetlands, in other words, coincide pretty well with the common conception of swamps, marshes, and bogs. Government has had its hand in wetlands for about 150 years. Between the 1850s and 1970s, the federal government was intent on eliminating wetlands. Since then, it has been equally intent on preserving them. An individual who behaved in this manner would seem at least irresponsible. Many critics of federal wetland policy have in fact given the government a sound thrashing for its inconsistency, but the shift from elimination to protection of wetlands has continued nevertheless. Blaming government is the duty of a free people, and also good sport. Even so, the obvious truth about wetland regulation is that government has merely reflected a change in public attitude toward wetlands. Most Americans now believe that wetlands should be saved throughout the nation, except possibly on their own property. Americans did not always feel this way. Most European colonists of North America came from homelands that were essentially tame.


2019 ◽  
Vol 21 (2) ◽  
pp. 127-144 ◽  
Author(s):  
Elena Tsvetkova ◽  
Sylvie Lomer

Purpose The purpose of this paper is to analyse critically the Russian Academic Excellence Initiative (the Project 5-100), designed to propel five leading Russian universities into world university rankings (WURs) by 2020, and research it through the lens of neoliberalism. The paper seeks to reveal recurrent discourses and dominant orders of discourse constituting the overall concept of “excellence” in Russian higher education (HE) policy. Design/methodology/approach Since the Project 5-100 has been designed in line with a neoliberal model of academic excellence initiatives, emphasising “competition as a driver of excellence” (Hazelkorn, 2009), Fairclough’s approach to critical discourse analysis (CDA) has been adopted as a qualitative research method. There is no universally accepted definition of “excellence” in HE policy; therefore, this CDA also aims at revealing the Russian government’s vision of the concept and its voice in HE policy. Findings The paper concludes that the government reinforces neoliberal discourse on the HE agenda and transforms the 5-100 Universities’ identities through emphasising the role of WURs in modernising the HE system. Consequently, within the neoliberal paradigm, the Project 5-100 can be regarded as a manifestation of the commodification of “excellence” in Russian HE policy. Originality/value This research intends to broaden knowledge of excellence initiatives in HE policy and reveal their features and neoliberal natures. It also seeks to contribute in terms of showcasing a qualitative study of the Project 5-100 for future comparative analyses of similar HE policies.


2016 ◽  
Vol 23 (4) ◽  
pp. 700-724 ◽  
Author(s):  
Akume T. Albert

Purpose The purpose of this paper therefore is to identify and examine major issue-areas in law, prominent among which are the Plea-Bargain and S308 Immunity Clause, and how they impact the process of effectively combating corruption in Nigeria. Design/methodology/approach The paper uses documentary sources and analytical method to examine the issues involved. Findings The identified issue-areas are inhibitors rather than facilitators. Research limitations/implications The implication is that the government needs to change the existing laws to strengthen the fight against corruption. Practical implications This is to ensure that the war against corruption is strengthened and effective. Social implications To ensure that offenders face the full weight of the law for their action. Originality/value This paper is the author's original work and all references are appropriately acknowledged.


2019 ◽  
Vol 46 (2) ◽  
pp. 446-466 ◽  
Author(s):  
Joao Jalles

Purpose The purpose of this paper is to assess the responses of different categories of government spending to changes in economic activity. In other words, the authors empirically revisit the validation of the Wagner’s law in a sample of 61 advanced and emerging market economies between 1995 and 2015. Design/methodology/approach The authors do so via panel data instrumental variables and time-series SUR approaches. Findings Evidence from panel data analyses show that the Wagner’s law seems more prevalent in advanced economies and when countries are growing above potential. However, such result depends on the government spending category under scrutiny and the functional form used. Country-specific analysis revealed relatively more cases satisfying Wagner’s proposition within the emerging markets sample. The authors also found evidence of counter-cyclicality in several spending items. All in all, the Wagner’s regularity seems more the exception than the norm. Originality/value While in the literature on the size of the public sector with respect to a country’s level of economic development has received much attention, the authors make several novel contributions: since some economists criticized Wagner’s law because of ambiguity of the measurement of government expenditure (Musgrave, 1969), instead of looking at aggregate public expenditures, the authors go much more granular into the different functions of government (to this end, the authors use the Classification of Functions of the Government nomenclature). The authors check the validity of the Law via an instrumental variable approach in a panel setting; after that, the authors take into account the phase of the business cycle using a new filtering technique to compute potential GDP (output gap); then, the authors cross-check the baseline results by considering alternative functional form specifications of the Law; and finally, the authors look at individual countries one at the time via SUR analysis.


2019 ◽  
Vol 10 (4) ◽  
pp. 623-641
Author(s):  
Alistair Catterall

Purpose The purpose of this paper is to address the fact that under current Education Skills Funding Agency (ESFA) funding guidelines, diagnostic assessments for apprentices with additional learner needs are deemed an ineligible cost, which has the potential to reduce access to additional funding and support. Design/methodology/approach The approach of this paper is to critically evaluate the surrounding literature, government reports and Mencap review produced since the apprenticeship levy and present the implications of these funding guidelines relating to access to apprenticeships and the practical effects of apprentice’s experience and development. Findings The finding presented by this paper is that the definition of diagnostic assessments as an ineligible cost reduces the quality of training delivered by providers and assurances to apprentices that they will be fully supported from the start of their training. Research limitations/implications The limitation of this research was the minimal amount of government/ESFA documentation addressing this subject within apprenticeships. Practical implications The practical implications of this paper relate to the on-going delivery of apprenticeship training in the UK, and the detrimental effect of reducing access to diagnostic assessments for apprentices with undiagnosed additional learner needs under the current wording of the Education Skills Agency guidance. Social implications The government policy is currently under review to address this area which is considered an ineligible cost for supporting apprentices with recognised additional learner needs. Originality/value The value of this paper is to align with recent Mencap review and collaboratively readdress the ESFA’s current positioning of diagnostic assessments for apprentices with undiagnosed learning difficulties and disabilities as an ineligible cost and non-standardised requirement.


Subject Data privacy regulations in China. Significance This year has been a turning point for data privacy in China. Internet majors Alibaba and Baidu faced lawsuits and official warnings over data privacy violations. The government has begun enforcing stricter privacy rules and new rules lay the groundwork for a privacy regime that will protect citizens from privacy encroachments and misuse of their data by companies. Impacts The similarities between the Chinese and EU frameworks will facilitate economic exchanges. The new rules may create difficulties for US or Australian firms in China, which lack a comprehensive privacy regulatory framework Relaxing policies on encryption will level the playing field for foreign encryption companies in China.


Subject The government's response to returning foreign fighters. Significance The government is grappling with the problem of returning extremist nationals from foreign battlefields as well as Tunisians imprisoned at home and abroad. The status of illegal Tunisian migrants and asylum seekers in Europe has also generated tension, most strongly with Germany. Impacts Pressure from European governments to repatriate Tunisian citizens will further burden state resources and law enforcement efforts. Prosecuting individuals based on a broad definition of terrorism could further alienate and radicalise young Tunisians. Tunisia’s failure to address the problem of radicalisation in prisons may create a new generation of jihadi-salafist leaders.


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