Research on the rule of law of China's cybersecurity : China's rule of law in cybersecurity over the past 40 Yyears

This book provides a comprehensive and systematic review of China's rule of law on cybersecurity over the past 40 years, from which readers can have a comprehensive view of the development of China's cybersecurity legislation, supervision, and justice in the long course of 40 years. In particular, this book combines the development node of China's reform and opening up with the construction of the rule of law for cybersecurity, greatly expanding the vision of tracing the origin and pursuing the source, and also making the study of the rule of law for China's cybersecurity closer to the development facts of the technological approach.-- Provided by publisher. Editorial Committee Foreword Introduction Contents 1 40 Years of China's Legal Construction in Cybersecurity 1.1 Cyberspace Governance in the View of Equipment Security 1.1.1 Legislative Background 1.1.2 Legislative Process 1.1.3 Legislative Assessment 1.2 Cyberspace Governance in the View of Social Security (2000–2012) 1.2.1 Legislative Background 1.2.2 Legislative Process 1.2.3 Legislative Assessment 1.3 Cyberspace Governance in the View of National Security (2013–2020) 1.3.1 Legislative Background 1.3.2 Legislative Process 1.3.3 Legislative Evaluation References 2 40 Years of China’s Regulatory Development in Cybersecurity 2.1 The Early Stage of Internet Administration Construction: The Police-Led Supervision Model (1994–1999) 2.2 The Emergence of the Multisectoral Participation Model (2000–2007) 2.3 The Initial Overall Coordination Model (2008–2013) 2.4 The Strengthened Overall Coordination Model in the New Period (2014–2021) References 3 40 Years of China's Judicial Reforms in Cybersecurity 3.1 Criminalization and Punishment of Cybercrimes 3.2 Reinforcement of Civil Relief 3.3 Standardization of Actual Administrative Behavior 3.4 Innovation of Trial Mechanism References 4 40 Years of China's International Governance in Cyberspace 4.1 Evolution and Development of China’s International Governance in Cyberspace 4.1.1 Holding High the Banner of Cybersecurity Sovereignty 4.1.2 Making Endeavors to Maintain Peace in Cyberspace 4.1.3 Shaping the Asia–Pacific Cybersecurity Concept 4.1.4 Raising the Security Consensus of BRICS 4.1.5 Consolidating the Consensus on Cybersecurity Between Asia and Europe 4.2 Game and Cooperation Between China and the United States in Cyberspace 4.2.1 Development Process of the Game 4.2.2 Typical Game Incidents 4.2.3 Cooperation Situation 4.3 Disagreements and Cooperation Between China and the EU in Cyberspace 4.3.1 Development Process of the Game 4.3.2 Cooperation Situation 4.3.3 Cooperation Mechanisms References 5 Future Prospects of China's Legal Construction in Cybersecurity 5.1 Serve “Digital Well-Being” as the Fundamental Gist 5.2 Correctly Handle the Relationship Between Technological Development and Legal Initiative 5.3 Promote the Development of Legislation, Law Enforcement and Judicature in a Scientific and Coordinated Manner 5.4 Design Security System Around the Core Element of Data 5.5 Conclusion Annex: Research on Global Data Trading Practices, Industry Norms and Legal Issues Domestic and International Data Trading Practices as Well as Industry Norms Current Status of Extraterritorial Data Transactions Concept of Data Broker Development Course of Data Trading Platform Development Status of Data Brokers Data Brokers Providing Marketing Services Data Brokers Providing Risk Mitigation Services Data Brokers Providing People Search Services Investigation of Typical Data Trading Platform Models—Taking Data Broker DAO as an Example Current Status of Data Transactions in China Government Platforms Industry Alliance Nature Trading Platforms Business Platforms Typical Data Transaction Violations at Home and Abroad Illegal Disclosure Case of Torch Concepts, JetBlue Airlines and Acxiom Company Illegal Trading Case of ChoicePoint Illegal Trading Case of Sitesearch Corp, LeapLab LLC and Leads Company LLC Industry Norms of Data Transactions Limiting the Scope of Data Circulation At the Industry Standard Level In Terms of Platform Rules Strengthen Personal Information Protection In Terms of Industry Standards In Terms of Platform Rules Characteristics of Data Exchange Practice Data Transactions Growing in Size and Scope but Data Types Limited Most Data not Obtained Directly from Consumers and Frequent Data Transactions Between Data Brokers Lack of Personal Information Protection Systems and Imperfect Consumer Opt-Out Mechanisms in Data Transactions Domestic and International Actuality and Difficulty of Data Trading Legislation Status Quo of EU Policies and Laws for Data Exchange In Terms of Policy Strategy of “Digital Single Market” of 2015 Communication on “Building a European Data Economy” of 2017 General Data Protection Regulation of 2016 Commission Recommendation (EU) 2018/790 of 25 April 2018 on Access to and Preservation of Scientific Information Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a Framework for the Free Flow of Nonpersonal Data in the European Union Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on Open Data and the Reuse of Public Sector Information Characteristics of EU Policies and Laws for Data Exchange Strengthen Personal Data Protection and Restrain Personal Data Exchange Boost the Effective Use of Nonpersonal Data and Improve the Opening and Sharing of Nonpersonal Data Concepts of “data Property Right” and “data Ownership” not yet Defined The Status Quo of Data Exchange Policies and Laws in the US U.S. Policies and Laws of Data Exchange Fair Credit Reporting Act Health Insurance Portability & Accountability Act Children's Online Privacy Protection Act Financial Services Modernization Act Driver's Privacy Protection Act Family Education and Privacy Rights Act Video Privacy Protection Act Computer Fraud and Abuse Act Telecommunications Act Data Broker Accountability and Transparency Act Data Accountability and Trust Act Digital Accountability and Transparency to Advance Privacy Act Privacy Bill of Rights Act Data Broker List Act of 2019 Vermont Data Broker Regulation California's Shine the Light Law Utah's Notice of Intent to Sell Nonpublic Personal Information Act California Consumer Privacy Act of 2018 The Characteristics of American Policies and Laws on Data Exchange State Deregulation and Market Innovation Limited Application of Consent Rules and Improved Transparency of Date Transactions The Ownership of Data not Specified and the Guarantee of Data Security Improved Current Status of Data Transaction Policies and Laws in China At the Policy Level At the Legislation Level In Terms of Standard Characteristics of China's Policies and Laws of Data Transactions Characterized by Policy-Driven and Deficient Law-Based Systems Basic Rules not yet Established and the Core Issues to Be Solved Current Dilemma of Big Data Exchange in China Data Generalization Transaction Without a Clear Red Line of Law Characteristics of Rules Lacked and Innovation of Transaction Limited Unclear Data Rights and Restrained Industrial Development