On June 10, 2021, China adopted a new Data Security Law that will impact every business operating in or doing business with China. The law, which will take effect in less than a month (September 1, 2021), is sweeping in scope, imposes extensive data processing obligations, and establishes potentially severe penalties for violations. Although many of the details surrounding implementation remain unclear, given the law’s extensive requirements and severe penalties for noncompliance,… More
Tag Archives: China
On October 6, 2020, the Department of Homeland Security (“DHS”) released a 2020 Homeland Threat Assessment (“HTA”). According to Acting Secretary Chad F. Wolf, the “first of its kind report” identifies the primary threats facing the nation and analyzes the vast array of information coming from all DHS operational components that crosses his desk on a daily basis. “When the American people read this HTA they will be more aware of the traditional threats facing the Homeland like terrorism and organized crime. … More
As we wrote in June, when a draft of the regulation was released by the Cyberspace Administration of China, the regulation contains elements similar to those found in both the United States’ Children’s Online Privacy Protection Act (“COPPA”) and the European Union’s General Data Protection Regulation (“GDPR”).… More
In early June, the Cyberspace Administration of China released for public comment new draft regulations applicable to the collection of personal information relating to children under 14 by online service providers.
The draft regulations share many of the same structures as those utilized by the Children’s Online Privacy Protection Act (“COPPA”) in the United States:
- online service operators will have to obtain parental consent based on a comprehensive disclosure about the collection,…
As noted recently in the Wall Street Journal, “New cybersecurity rules will give Chinese authorities sweeping powers to inspect companies’ information technology and access proprietary information—steps that are likely to deepen concerns among foreign businesses about their China operations.” These regulations were issued pursuant to the Cybersecurity Law of the People’s Republic of China, which came into force on June 1, 2017.… More
With the heart of the summer vacation season upon us, it seems like a good time for some reflection. Here, it comes in the form of excerpts from an essay by privacy maven, Deborah Hurley. The one time Director of the Harvard Information Infrastructure Project at Harvard University, she has been thinking and writing about privacy issues for two decades. Her entire essay can be found in the book,… More
A recent article in The Economist questions whether it is safe and secure to trust a company’s computer network to a Chinese company. The specific concern in that The Economist article related to “a Chinese company with connections to the Chinese government and the People’s Liberation Army (PLA)” that would be providing services inside the corporate firewall. An unnamed former member of the U.S. Joint Chief of Staffs minced no words about this: “We’d be crazy to let [that Chinese company] on our networks,… More
With an inflammatory title like “Foreign Spies Stealing US Economic Secrets in Cyberspace,” the Office of the National Counterintelligence Executive’s “Report to Congress on Foreign Economic Collection and Industrial Espionage, 2009-2011” is tough to ignore.
The Report’s conclusions are equally notable for their candor about the recent actions of the Chinese and Russian governments:
- “Chinese actors are the world’s most active and persistent perpetrators of economic espionage.…
1. Arrested: Russian Hacker Responsible for Two Minutes of Roadside Porn
The hacker who managed to compromise computer servers controlling a large commercial advertising screen in Moscow was arrested recently by Russian authorities. On January 14, 2010, commuters on Moscow’s Garden Ring Road passed a large-scale video screen and instead of the normal commercial advertisements saw two minutes of hard-core pornography. The video, as well as the resulting traffic problems,… More