scholarly journals Critical information infrastructure of the People’s Republic of China: peculiarities of legal regulation in the area of ensuring information security of the financial-banking sector

2020 ◽  
pp. 45-57
Author(s):  
Ella Gorian
Keyword(s):  
Information Security ◽  
Banking Sector ◽  
Information Infrastructure ◽  
The United States ◽  
Legal Regulation ◽  
High Tech ◽  
Republic Of China ◽  
Critical Information ◽  
The People ◽  
The Law

The object of this research is the legal relations emerging in regulation of critical information infrastructure with regards to ensuring information security of the financial-banking sector of the People’s Republic of China. Characteristic is given to the Law on Cybersecurity, acting and developing draft bills of the People’s Republic of China in the area of security of critical information infrastructure. The author examines the peculiarities of regulation of relations in the sphere of critical information infrastructure and their role in ensuring cybersecurity of financial-banking sector. Factors affecting formation of the national mechanism of ensuring security of critical information infrastructure are determined. For the purpose of acquiring most accurate scientific results, the author applies legal-dogmatic approach, hermeneutic and synergetic methods of scientific cognition. Despite the numerous existing and developing sources of legal regulation of critical information infrastructure, the normative mechanism of ensuring its security is characterized by interrelatedness, and reflects overall character of the regime of China’s digital policy. The Law on Cybersecurity of the People’s Republic of China establishes the general norms, as well as draft bills – special norms; and the standards contain high-tech methodical recommendations that allow clarifying possible ambiguity of general and special norms. However, even within the limits of this mechanism is observed a partial overlap of responsibilities, including in the financial-banking sector, which complicates the process of identification of objects and determination of subjects of critical information infrastructure. Establishment of the mechanism is also perplexed by the need of simultaneous achievement of goals in the spheres of national security and economy, particularly in opposition during talks with the United States, which promotes policy of economic expansion onto China’s market, using tariff and nontariff measures as the levers of pressure.

scholarly journals Cybersecurity law of the People’s Republic of China as a key instrument for ensuring information security of the banking and finance system

2020 ◽  
pp. 47-55 ◽  
Author(s):  
Ella Gorian
Keyword(s):  
Information Security ◽  
Personal Data ◽  
Information Infrastructure ◽  
Finance System ◽  
Republic Of China ◽  
Critical Information ◽  
Banking And Finance ◽  
The People ◽  
The Law ◽  
Institutional Mechanism

The object of this research is the legal relations that emerge in ensuring informations security of the banking and finance system of the People’s Republic of China. The work characterizes China’s cybersecurity law, which was enacted in 2017. The author determines the key positions of this statutory act that establishes the foundation for national institutional and normative-legislative mechanism of ensuring information security of the banking and finance sectors as objects of critical information infrastructure. China’s cybersecurity law represents a fundamental piece of legislation that defines the principles, mechanisms and order of ensuring information security. It defines critical information infrastructure through nomenclature of the sectors and indication of criteria for designation of one or another sector as critical information infrastructure. The banking and finance sector meets such criteria, thus ensuring its information security is based on the general positions of this legislation. The law determines the regime of protection of personal data, as well as obligations of network carriers that are included into the institutional mechanism of provision of cybersecurity. All aforementioned facts make China’s cybersecurity law a key legislative instrument of the mechanism of ensuring information security of the banking and finance system.

scholarly journals Principles of legal regulation of the institute of information security

2021 ◽  
Vol 66 ◽  
pp. 129-134
Author(s):  
M.V. Baran
Keyword(s):  
Information Security ◽  
Cyber Security ◽  
Information Structure ◽  
Information Infrastructure ◽  
Legal Regulation ◽  
Careful Study ◽  
Basic Principles ◽  
Critical Information ◽  
Wide Range ◽  
Legal Security

The article in the context of methodologies of systematic analysis of legal phenomena reveals the content of the principles of legal regulation of the institute of information security. It is noted that information security is defined as the impossibility of causing harm by means of a security object, due to information and information structure. Principles play an important role in the legal provision of information security. The basic principles of legal regulation of the information sphere are enshrined in the Laws "On Information", "On the Basic Principles of Cyber Security of Ukraine", most of which are key to the development of legal regulation of information security processes. In order to improve the information security system from various challenges and threats, it is proposed to enshrine in information legislation the principle of presumption of security of critical information infrastructure, which establishes that critical information infrastructure is considered protected as long as the organizational and legal security of these facilities requirements set forth in regulations in the field of information security. It is stated that a wide range of problems of information security of the individual, society and state, development of cybersecurity culture, ensuring privacy and protection of access rights, protection of information systems, resources and networks, expanding the use of information technology in public administration, other information problems security needs careful study. The principles of legal regulation in the field of information security are revealed through normative detail. It is emphasized that with the development of scientific and technological progress and the latest forms of processing and use of information, the principles of regulation in the field of information security need to be correlated at the level of regulatory support.

Ensuring the security of critical information infrastructure: the powers of the federal government bodies of the Russian Federation

2019 ◽  
Author(s):  
Ilia Pavlovich Mikhnev ◽  
Svetlana Vladimirovna Mikhneva
Keyword(s):  
Information Security ◽  
Federal Government ◽  
Russian Federation ◽  
Legal Status ◽  
Information Infrastructure ◽  
Critical Information ◽  
Security Service ◽  
Presidential Decree ◽  
Computer Attacks ◽  
The Russian Federation

The article discusses the competences and powers of the state authorities of the Russian Federation within their legal status in the field of ensuring the security of critical information infrastructure. Some functions and authorities in the field of information security have changed in a number of federal executive bodies. In particular, the Federal Security Service, on the basis of a presidential decree, is authorized to create a state system for detecting, preventing and eliminating the consequences of computer attacks on information resources of the Russian Federation. However, not all rights and obligations are enshrined; a number of powers cause the duality of the legal status of certain federal bodies of state power. The clarity and unambiguity of securing the rights and obligations of state bodies authorized in the field of information security are guarantees for effectively ensuring the security of important information infrastructure facilities.

scholarly journals ON THE FORMATION OF LEGAL AND SCIENTIFIC BASES OF ENSURING THE SAFETY OF CRITICAL INFORMATION INFRASTRUCTURE OF THE RUSSIAN FEDERATION

2019 ◽  
Vol 29 (5) ◽  
pp. 644-654
Author(s):  
N.M. Kurbatov
Keyword(s):  
Information Security ◽  
Russian Federation ◽  
Critical Infrastructure ◽  
Information Infrastructure ◽  
Significant Information ◽  
Critical Information ◽  
Foreign Countries ◽  
History Of ◽  
The Russian Federation ◽  
Definition Of

The concept of critical information infrastructure is analyzed. The history of its formation and consolidation in the legal space of Russian legislation is considered. The article studies the experience of foreign countries in the field of ensuring information security in general and protecting critical infrastructure in particular. The relevance of the chosen topic is due to the course taken by the Russian Federation for the development of the information society in the country, as well as the need to protect significant information systems and resources of state authorities. The author of the article reveals the terms included in the definition of critical information infrastructure, enshrined in the legislation of the Russian Federation. In conclusion, the main problems of the considered regulatory legal acts are highlighted, recommendations are given on the further development of the information security system of critical infrastructure.

Non-Aligned Architecture: China’s Designs on and in Ghana and Guinea, 1955-92

2015 ◽  
Vol 58 ◽  
pp. 261-291 ◽  
Author(s):  
Cole Roskam
Keyword(s):  
World War Ii ◽  
Soviet Union ◽  
The United States ◽  
Mao Zedong ◽  
Republic Of China ◽  
The Soviet Union ◽  
The People ◽  
Trace Back ◽  
The Will ◽  
Contemporary Chinese

The current international attention devoted to contemporary Chinese-financed and constructed development in Africa has tended to obscure complex and multivalent histories of the relationships between the People’s Republic of China (PRC) and numerous African nations; and many of these histories date back decades. The ideological origins behind socialist China’s engagement with Africa, and the geopolitical dynamics that continue to propel them forward, trace back to the time of Chairman Mao Zedong, who first coined the term ‘intermediate zone’ in 1946 to position the vast expanse of contested territories and undecided loyalties existing between the ideological poles of the Soviet Union and the United States after World War II. Nine years later (1955), at the first Non-Aligned Movement conference held in Bandung, Indonesia, Chinese Premier Zhou Enlai declared thatever since modern times most of the countries of Asia and Africa in varying degrees have been subjected to colonial plunder and oppression, and have thus been forced to remain in a stagnant state of poverty and backwardness […]. We need to develop our countries independently with no outside interference and in accordance with the will of the people.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

Attackers

2012 ◽  
pp. 41-58
Author(s):  
Eduardo Gelbstein
Keyword(s):  
Information Security ◽  
Information Infrastructure ◽  
Critical Information ◽  
Weakest Link ◽  
Terrorist Organization ◽  
Security Expert

Of the three groups of components of information security – tools, processes, and people- the last one should be considered as the weakest link. People range from the tired or unaware employee that clicks on a link that infects a computer or a network, to the security expert working for a criminal, military, or terrorist organization attacking a critical information infrastructure. This chapter examines the various classes of potential attackers and the techniques currently used to perpetrate such attacks.

scholarly journals Peffer v. Stephens

2020 ◽  
Vol 7 (3) ◽  
pp. 647-678
Author(s):  
Shane Landers
Keyword(s):  
Civil Liberties ◽  
Fourth Amendment ◽  
The United States ◽  
Constitutional Rights ◽  
Technological Advancement ◽  
Court Of Appeals ◽  
The People ◽  
The Law ◽  
The Right ◽  
Constitutional Republic

The Fourth Amendment provides for the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Search warrants may only be issued upon a finding of probable cause. This core tenet of our constitutional republic becomes progressively flexible with every development in Fourth Amendment interpretation. In Peffer v. Stephens, the United States Court of Appeals for the Sixth Circuit delivered the latest blow to constitutional rights that restrict the State from engaging in unprincipled searches. In an issue of first impression, the Sixth Circuit held that a criminal defendant’s alleged use of a computer during the commission of a crime was adequate probable cause to justify a search of the defendant’s home and a seizure of the technological equipment inside. Such a shortsighted justification fails to consider technological innovation, economic policy, and historical civil liberties. Peffer v. Stephens is the latest proof of the parasitic relationship between the law and technological advancement. As technology evolves, the law struggles to keep pace and resultingly impedes economic development. With the exponential growth of technology in the 21st century, a visionary approach to search and seizure law is necessary to promote economic innovation and to refrain from further dismantling Fourth Amendment protections.

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