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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Jun Wei

Posts by Jun Wei
Posted in Cybersecurity, Data Protection & Privacy Photo of Mark ParsonsPhoto of Andrew McGintyPhoto of Jun WeiPhoto of Roy Zou

China’s revised draft data localisation measures

On 19 May 2017, the Cyberspace Administration of China (the “CAC“) released a revised draft of its Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the “Second Draft Export Review Measures“). The draft emerged just over a week after public comments closed on the first draft of the measures, which we discussed in our earlier briefing here (the “First Draft Export Review Measures“).  There was a significant volume of industry commentary, and the Second Draft Export Review Measures do, to an extent,

Posted in Entertainment & Content, Policy & Regulation Photo of Sheri JeffreyPhoto of Jun WeiPhoto of Lu ZhouPhoto of Nolan Shaw

Now playing: New film law impacts the Chinese silver screen

On November 7, 2016, the People’s Republic of China’s highest legislative body, the Standing Committee of the National People’s Congress, passed the Film Industry Promotion Law (Film Law). The Film Law takes effect on March 1, 2017. The Film Law is the first comprehensive “law” in China targeting the film industry specifically and is more than 13 years in the making. A “law” in China is a specific term for legislation passed at the national level. Similar to a broad statutory regime in other countries, follow-on regulations are typically promulgated

Posted in Internet, Policy & Regulation Photo of Jun WeiPhoto of Sherry Gong

CAC issued draft regulations: Cyberspace protection of minors is on agenda

On September 30, 2016, the Cyberspace Administration of China (the “CAC“) issued the draft for comments of the Regulations on Cyberspace Protection of Minors (the “Draft“).  A “Minor” is not defined in the Draft, but defined under the Minor Protection Law as any citizen under the age of 18.  The term “citizen” is likely to be interpreted as a citizen of China.  However, in the Guidelines for Personal Information Protection within Information Systems for Public and Commercial Services on Information Security Technology (the “Guidelines“), the same term is defined as

Posted in Policy & Regulation Photo of Jun WeiPhoto of Roy ZouPhoto of Nolan ShawPhoto of Andrew McGintyPhoto of Eugene LowPhoto of Mark Parsons

China to grow big on e-healthcare data

On June 21, 2016, the State Council issued the Guiding Opinions on Promoting and Regulating the Development of the Application of Healthcare Big Data (“Guiding Opinions“). The Guiding Opinions declare that healthcare big data is a fundamental, strategic national resource; recognize that its development will have a significant impact on healthcare and medical treatment; and formulate programmatic plans for development goals, key tasks, and an organizational framework. Given the Guiding Opinions’ embrace of digitization, the use of data, and information sharing, we expect that a foreseeable campaign to promote the development

Posted in Policy & Regulation, Technology Photo of Jun WeiPhoto of Sherry GongPhoto of Nolan ShawPhoto of Andrew McGintyPhoto of Mark Parsons

China’s second draft of the Cyber Security Law continues to propose more stringent regulation of cyberspace

On 6 July 2016, a second draft of the People’s Republic of China Cyber Security Law was released to the public for comment following its second reading by the Standing Committee of the National People’s Congress.  The deadline for submitting comments on the second draft is 4 August 2016. Given the growing cyber threat globally, the Chinese move towards more rigorous cyber security regulation is in line with international trends.  However, the specific approach to regulation being taken in China is a clear outlier, primarily for the broad and often

Posted in Internet, Policy & Regulation Photo of Andrew McGintyPhoto of Jun WeiPhoto of Sherry GongPhoto of Nolan Shaw

Are foreigners banned from publishing on the Internet in China? An examination of what exactly China’s new online publishing rules are ruling out

China’s media and publishing regulator, the State Administration of Press, Publication, Radio, Film and Television (“SAPPRFT“), and its telecoms and Internet regulator, the Ministry of Industry and Information Technology (“MIIT“), have jointly issued new rules governing online publications in the People’s Republic of China (“China” or the “PRC“): the Online Publication Services Administrative Provisions (网络出版服务管理规定) (the “Online Publication Provisions“).  The Online Publication Provisions were issued on 4 February 2016 and came into effect from 10 March 2016. Foreign Investor Concerns The Online Publication Provisions have raised a number of concerns

Posted in Drones, Policy & Regulation Photo of Jun WeiPhoto of E. Tazewell EllettPhoto of Lisa EllmanPhoto of Patrick R. RizziPhoto of Lu Zhou

China Launches First Operational Rules for Civil Unmanned Aircraft

China’s civil flight authority, the Civil Aviation Administration of China (CAAC), has issued new rules applicable to civil unmanned aircraft, commonly known as drones or UAS, weighing no more than 116 kg. The new rules are styled as the Provisions for the Operation of Light and Small Unmanned Aircraft (for Trial Implementation) (the UAS Operation Rules) and became effective on 29 December 2015, the date they were issued. The UAS Operation Rules add to a substantial and growing body of new rules applicable to the rapidly developing UAS industry in

Posted in Policy & Regulation Photo of Jun WeiPhoto of Sherry GongPhoto of Nolan ShawPhoto of Andrew McGintyPhoto of Mark Parsons

China’s Counter-Terrorism Law enlists the support of Technology Providers (and just about everyone else)

On 27 December 2015, China’s National People’s Congress passed the nation’s first comprehensive law on terrorism, the People’s Republic of China Counter-Terrorism Law, which took effect on 1 January 2016. The Counter-Terrorism Law reflects some important developments that may give some comfort to observers that their voices are being heard, without by any means removing all the concerns. In it, terrorism is finally given a definition (albeit, a broad-ranging one), and a number of controversial provisions for technology providers in an earlier draft of the law have been removed, namely

Posted in Internet, Telecoms & Broadband Photo of Jun WeiPhoto of Sherry GongPhoto of Andrew McGintyPhoto of Nolan Shaw

Suppressing terrorism or stifling deployment of (foreign) technology? China’s draft Anti-Terrorism Law troubles foreign technology providers

The National People’s Congress (“NPC“) of the People’s Republic of China (“China” or “PRC“) issued a draft Anti-Terrorism Law (the “Draft Law“) for public comment on 3 November 2014. As of the end of February 2015, the Draft Law had moved into its second draft but the revised draft is not yet in the public domain[1]. As of the date of this writing, deliberations on the Draft Law are ongoing, notwithstanding media speculation that it had been dropped[2]. One of the points that is striking about the Draft Law is that