Privacy

International Law

China is Full Steam Ahead on Data Privacy

February 19, 2021 Tianjiu Zuo 0

On January 8th, just a week after China’s Civil Code went into effect, the Hangzhou Internet Court heard and ruled on its first data privacy case. In this case, Sun, the defendant, sold more than 40,000 personal information records to Liu, who used this data for advertising. The records contained people’s full names, email addresses, and social media IDs. The procurator (like a U.S. federal prosecutor) determined that this action constituted an offense against the new privacy protections codified in the Civil Code. The Civil Code is a decades-long culmination of legal developments in China. It covers the full scope of civil law, such as property rights, contracts, and family law. But among these traditional pillars, the considerably large section reserved for the protection of personal information stands out. In Chapter Six of Part Four, the Civil Code defines privacy as “a natural person’s peace of life and the private […]

International Law

Opinion: The U.S. Can And Needs To Regain Trust Through Cloud

November 3, 2020 Tianjiu Zuo 0

In July 2020, the Court of Justice of the European Union (CJEU) struck down the 2016 EU-U.S. Privacy Shield. The Privacy Shield was designed to protect European data transfers to the U.S. With this ruling, one thing becomes clear. The U.S. must respect the rights of foreign citizens to preserve and grow its leadership in the cloud sector. U.S. surveillance regulations like FISA 702 and the CLOUD Act undermine its own economic interests and breed mistrust between the U.S. and its allies. Leading U.S. cloud providers will lose ground because of these regulations. America needs to take a hard look at how it can maintain global trust in its cloud services. Amazon Web Services, Google Cloud and Microsoft Azure, three leading U.S. cloud providers, all fall under the definition of ‘electronic communications service providers.’ This means that they must comply with the Foreign Intelligence Surveillance Act (FISA), enacted to regulate […]

US Law

Are America’s Antitrust Laws Prepared for the 21st Century?

December 2, 2018 Thomas Huck 0

Summary: In the twenty-first century, amidst significant changes to the American and global economy, our century-old antitrust laws may be lacking the key protections needed to regulate the giants of today’s economy, despite their past successes in breaking up monopolies. In response to the increasing power of the Standard Oil Company, who controlled the refining of more than 90 percent of oil in the United States by 1880, Ohio Senator John Sherman proposed the Sherman Antitrust Act to preserve “free and unfettered competition as the rule of trade” by breaking up monopolies. 128 years later, a new challenge is faced as courts must decide whether or not the technology magnates of the twenty-first century are in violation of existing antitrust protection. In addition to the 1914 Sherman Antitrust Act, the Clayton and Federal Trade Commission Acts expanded protections against “conspiracy…in the restraint of trade” and “unfair methods of competition,” respectively. […]