Chinese Go Board

China’s 2020 Cryptography Law in the Context of China’s Burgeoning Data Privacy and Security Regime

[Originally published as a Feature Article: China’s 2020 Cryptography Law in the Context of China’s Burgeoning Data Privacy and Security Regime, by Carolyn K. Luong, in Orange County Lawyer Magazine, April 2020, Vol. 62 No.4, page 31.]

By Carolyn Luong

U.S.-China relations have been a trending topic throughout the past year due to several conflicts involving the alleged encroachment upon free speech principles and perceived threats to U.S. national security. The NBA and Activision-Blizzard, both U.S.-based organizations, fielded criticisms in October of 2019 for supposed political censorship motivated by the fear of losing Chinese customers. Furthermore, as the U.S. races to build out its 5G infrastructure, the U.S. government has explicitly restricted U.S. corporations from conducting business with Chinese technology manufacturer Huawei upon apprehension that Huawei equipment may contain backdoors to enable surveillance by the Chinese government.[1]

Dr. Christopher Ford, Assistant Secretary of the U.S. State Department’s Bureau of International Security and Nonproliferation remarked in September that, “Firms such as Huawei, Tencent, ZTE, Alibaba, and Baidu have no meaningful ability to tell the Chinese Communist Party ‘no’ if officials decide to ask for their assistance—e.g., in the form of access to foreign technologies, access to foreign networks, useful information about foreign commercial counterparties . . . .”[2] These Chinese firms in response firmly deny any allegations of contemplated or actual instances of required cooperation with the Chinese government to compromise user information or equipment.

Continue Reading China’s 2020 Cryptography Law in the Context of China’s Burgeoning Data Privacy and Security Regime
Computer screens against skyscraper backdrop

Should Bar Associations Vet Technology Service Providers for Attorneys?

[Originally published in GPSOLO, Vol. 36, No. 6, November/December 2019, by the American Bar Association. Reproduced with permission. All rights reserved.]

Image Credit: Gerd Altmann from Pixabay1

Bar associations across the country have similar goals: advance the rule of law, serve the legal profession, and promote equal access to justice. Technology can easily support these goals. From online research and billing software, to virtual receptionist and SEO services, technology vendors improve the efficiency and accessibility of attorneys. It is no wonder then that bar associations around the country are promoting technology solutions for their members.

Despite the obvious benefits, bar associations need to be diligent about vetting technology vendors. By promoting one technology provider over another, bar associations could run afoul of advertising laws, tax requirements, and software agreements. In addition, bar associations and their members need to pay close attention to technology vendors’ cybersecurity safeguards to protect client confidences.

This article will briefly address each of these issues in turn and provide a non-exhaustive checklist of considerations before choosing a legal technology provider.

Bar Associations as Influencers

When we think of product endorsements today, we think of social media influencers, bloggers, and vloggers—not bar associations. Yet, bar associations wield incredible influence over the purchasing decisions of their members. Given this influence, bar associations should stay mindful of laws addressing unfair and deceptive advertising, such as Section 5 of the Federal Trade Commission Act (FTC Act), state false advertising laws, and state unfair trade practices acts (little FTC acts).

Continue Reading Should Bar Associations Vet Technology Service Providers for Attorneys?
WSJPro Cybersecurity Symposium

Metaverse Law to Speak at WSJ Cybersecurity Symposium

Metaverse Law will be one of the speakers at the Wall Street Journal’s Cybersecurity Symposium and will focus on the applicable laws and regulations per business type.

It is a two day event in San Diego, CA from Thursday, January 9 to Friday January 10, 2020. The agenda for both days includes breakfast and registration, several speakers, networking breaks, lunch, a cocktail reception on the ninth, and a cybersecurity strategy development bootcamp on the tenth.

A detailed itinerary as well as registration details can be found at https://cybersecurity.wsj.com/symposium/san-diego/#schedule

Lock on a computer screen held to edges by chains

What Is Happening in Children’s Online Privacy?

Children’s online privacy has always been an important topic, but a number of recent developments around the world have many businesses taking it more seriously. In September, Google agreed to pay a record $170 million fine to the U.S. Federal Trade Commission for violating the Children’s Online Privacy Protection Act (COPPA) by illegally collecting personal information from children without parental consent and using it to profit through targeted ads. A few weeks later, China’s own version of COPPA called the “Measures on Online Protection of Children’s Personal Data,” came into force, providing further clarity on protecting children’s personal data online under China’s Cyber Security Law. On October 7, the FTC hosted a public workshop to explore whether to update COPPA, which is over 20 years old and in need of a refresh due to the emergence of new technologies. (Just think of all those smart devices, social media platforms and educational apps and technologies that were not around in 1998). Finally, the California Attorney General recently released proposed regulations to the California Consumer Protection Act, which goes into effect in January 2020, that would require a business that knowingly collects the personal information of children under the age of 13 to establish, document and comply with a reasonable method for determining that the person affirmatively authorizing the sale of the personal information about the child is the parent or guardian of that child.

Many children start using the Internet at an early age, raising privacy issues distinct from those for adults. First, children may not understand what data is being collected about them and how it is used. Second, children can easily fall victim to criminal behavior online by providing seemingly innocuous information to web users who can appropriate such information for malicious purposes. Third, children cannot give the same meaningful consent to data collection and use activities as an adult. 

In the U.S., Congress passed COPPA in 1998 to protect children’s use of the Internet—particularly websites and services targeted toward children. COPPA requires website operators to provide clear and conspicuous notice of the data collection methods employed by the website, including functioning hyperlinks to the website privacy policy on every web page where personal information is collected. It also requires affirmative consent by parents prior to collection of personal information for children under the age of 13. Recognizing that teenagers between the ages of 13 and 18 are not protected under COPPA, many individual states have made efforts to address privacy issues for this age group.

Recognizing the need to update COPPA to keep up with the times, the FTC considered the following topics at the October workshop, among others:

Continue Reading What Is Happening in Children’s Online Privacy?
AL, Cybersecurity + Privacy event flyer

Metaverse Law to Speak at Artificial Intelligence Los Angeles Seminar

Metaverse Law will be one of the speakers at the AI LA Community’s seminar focused on cyber security and privacy. The seminar will be held at The Cedars-Sinai Accelerator in West Hollywood on Thursday, November 21st.

The event is from 6:30PM to 10:00PM and includes networking, a panel of speakers followed by a Q&A, and concludes with another round of networking.

Tickets and further event details can be found at https://www.eventbrite.com/e/ai-cybersecurity-and-privacy-tickets-80204145759

1 2 3 4 5 9