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

Nolan Shaw

Posts by Nolan Shaw
Posted in Policy & Regulation Photo of Andrew McGintyPhoto of Mark ParsonsPhoto of Nolan Shaw

China moves to implement security review of network products and services: but leaves foreign investor and manufacturer concerns unanswered

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures“) for public comment: the Draft Measures remain open for comments until 4 March 2017. The Draft Measures are follow-on legislation to China’s Cyber Security Law adopted on 7 November 2016, which will take effect from 1 June 2017. The background to the Draft Measures is that the Cyber Security Law requires that network products and services purchased by operators of “critical information infrastructure” (the definition of which is

Posted in Policy & Regulation, Technology Photo of Andrew McGintyPhoto of Nolan Shaw

Draft legislation to affect China cloud services market access

On 25 November 2016, the Ministry of Industry and Information Technology, China’s telecommunications and Internet regulator, issued a draft Circular on Regulating Business Activities in the Cloud Services Market for public comment (“Draft Circular“). The stated aims of the Draft Circular are to improve the cloud services market environment and further regulate business activities in this sector. In addition to introducing a number of minimum service requirements that cloud operators must observe, the Draft Circular is of particular interest to the industry due to the rules it sets out for market

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 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 Policy & Regulation Photo of Nolan Shaw

China eases cross-border film and media regulations

On 18 May, 2016, China’s media regulator, the State Administration of Press, Publication, Radio, Film and Television (“SAPPRFT“), issued a decision (the Decision on the Amendment of Certain Rules (“Decision“)) amending five of its rules. This was part of a broader government-wide effort to reform and simplify China’s complex and sprawling system of administrative approvals across all fields. As one of the most heavily regulated and restricted sectors to foreign investment, any changes in this area, however small, are likely to be closely followed by media industry players looking for

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 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 Data Protection & Privacy, Policy & Regulation Photo of Nolan Shaw

New cyber security rules proposed for the Chinese insurance industry

China’s insurance regulator has issued new insurance-industry technology use rules in draft form (Supervisory Rules for Adoption of Information Technology by Insurance Institutions) to replace earlier rules issued in 2009 and which build on guidelines issued in 2011. The new draft rules come in the wake of a substantial new body of laws and draft rules in the cyber security arena in China.  As may be anticipated, the draft rules carry forward some of the more invasive aspects of China’s emerging cyber security regime, such as adoption of “secure and

Posted in Data Protection & Privacy Photo of Sherry GongPhoto of Nolan Shaw

Chinese Appellate Court Provides Guidance for Lawful Use of Cookies

On 6 May 2015, the Intermediate People’s Court of Nanjing City, Jiangsu Province, issued a civil judgment ruling that the search engine giant Baidu’s use of cookies to personalize advertisements directed at consumers on partner third party websites does not infringe consumer rights of privacy.  The court based its decision on findings that the information collected by the Baidu cookies did not amount to “personal information” under Chinese law, the complainant did not suffer cognizable injury by receiving targeted ads on other sites, and Baidu afforded consumers mechanisms to opt-out.

Posted in Internet, Policy & Regulation Photo of Sherry GongPhoto of Nolan Shaw

Trapped behind the firewall, foreign VPN services disrupted in China

In January 2015, a number of virtual private network (“VPN”) companies located outside of the People’s Republic of China (“PRC” or “China”) that serve customers within China reported major disruptions of service. These disruptions, reportedly the result of an upgrade to China’s censorship system stemming from safety concerns, have affected many people and companies in China who use VPNs to visit websites outside the country, including websites that are important for their businesses and investments in China but are censored by the Great Chinese Firewall. Following the recent tightening of

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