The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legisla...The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legislation to establish their data sovereignty,they are also actively engaging in the negotiation of cross-border data flow rules within international trade agreements to construct data sovereignty.During these negotiations,countries express differing regulatory claims,with some focusing on safeguarding sovereignty and protecting human rights,some prioritizing economic promotion and security assurance,and others targeting traditional and innovative digital trade barriers.These varied approaches reflect the tension between three pairs of values:collectivism and individualism,freedom and security,and tradition and innovation.Based on their distinct value pursuits,three representative models of data sovereignty construction have emerged globally.At the current juncture,when international rules for digital trade are still in their nascent stages,China should timely establish its data sovereignty rules,actively participate in global data sovereignty competition,and balance its sovereignty interests with other interests.Specifically,China should explore the scope of system-acceptable digital trade barriers through free trade zones;integrate domestic and international legal frameworks to ensure the alignment of China’s data governance legislation with its obligations under international trade agreements;and use the development of the“Digital Silk Road”as a starting point to prioritize the formation of digital trade rules with countries participating in the Belt and Road Initiative,promoting the Chinese solutions internationally.展开更多
The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-ro...The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.展开更多
The rapid growth of the automotive industry has raised significant concerns about the security of connected vehicles and their integrated supply chains,which are increasingly vulnerable to advanced cyber threats.Tradi...The rapid growth of the automotive industry has raised significant concerns about the security of connected vehicles and their integrated supply chains,which are increasingly vulnerable to advanced cyber threats.Traditional authentication methods have proven insufficient,exposing systems to risks such as Sybil,Denial of Service(DoS),and Eclipse attacks.This study critically examines the limitations of current security protocols,focusing on authentication and data exchange vulnerabilities,and explores blockchain technology as a potential solution.Blockchain’s decentralized and cryptographically secure framework can significantly enhance Vehicle-to-Vehicle(V2V)communication,ensure data integrity,and enable transparent,immutable transactions within the supply chain.Additionally,blockchain strengthens authentication,secures digital identities,and improves data sharing,reducing the risk of unauthorized access and data breaches.Our contribution lies in the proposal to integrate Artificial Intelligence(AI)with blockchain technology to further improve security by refining cryptographic methods,automating key management,and bolstering anomaly detection.Despite challenges related to computational complexity,latency,scalability,and regulatory concerns,the combination of blockchain,AI offers the transformative potential to enhance the security,transparency,and efficiency of connected vehicle systems and their supply chains.展开更多
Cross-border data transmission in the biomedical area is on the rise,which brings potential risks and management challenges to data security,biosafety,and national security.Focusing on cross-border data security asses...Cross-border data transmission in the biomedical area is on the rise,which brings potential risks and management challenges to data security,biosafety,and national security.Focusing on cross-border data security assessment and risk management,many countries have successively issued relevant laws,regulations,and assessment guidelines.This study aims to provide an index system model and management application reference for the risk assessment of the cross-border data movement.From the perspective of a single organization,the relevant risk assessment standards of several countries are integrated to guide the identification and determination of risk factors.Then,the risk assessment index system of cross-border data flow is constructed.A case study of risk assessment in 358 biomedical organizations is carried out,and the suggestions for data management are offered.This study is condusive to improving security monitoring and the early warning of the cross-border data flow,thereby realizing the safe and orderly global flow of biomedical data.展开更多
Against the backdrop of globalization’s deepening evolution,the profound coupling between cross-border data flows and digital economic development is reshaping the global economic landscape.This dual-edged effect con...Against the backdrop of globalization’s deepening evolution,the profound coupling between cross-border data flows and digital economic development is reshaping the global economic landscape.This dual-edged effect concurrently poses multidimensional risks to national data sovereignty,societal public security,and individual citizens’rights.Confronted with governing cross-border data flows,nations face the predicament of being unable to simultaneously achieve data protection sovereignty,unrestricted cross-border data flow,and data protection.Based on this,this article employs the“Trilemma Theory”to systematically deconstruct current global governance variations.It then analyzes the two predominant paradigms formed by the European Union and the United States,revealing their internal logic and oriented goals.Concurrently,it examines the current status and challenges of China’s cross-border data flow regulation,aiming to explore a governance pathway suited to China.The goal is to build a governance ecosystem that balances high-level data openness with data security protection,serving both the digital economy’s high-quality development and the safeguarding of national and public core interests.展开更多
Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digi...Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digital trade negotiations could not accommodate these challenges,China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system,including control system for overseas transfer of important data,system of crossborder provision of personal information,and system of cross-border data request for justice and enforcement.To explore a global regulatory framework for cross-border data flows,legitimate and controllable cross-border data flows should be promoted,supervision should be categorized based on risk concerned,and the rule of law should be coordinated at home and abroad to promote system compatibility.To this end,the key is to build a compatible regulatory framework,which includes clarifying the scope of important data to define the“Negative List”for preventing national security risks,improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure,and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.展开更多
The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this is...The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.展开更多
基金This paper is a phased result of the“Research on the Issue of China’s Data Export System”(24SFB3035)a research project of the Ministry of Justice of China on the construction of the rule of law and the study of legal theories at the ministerial level in 2024.
文摘The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legislation to establish their data sovereignty,they are also actively engaging in the negotiation of cross-border data flow rules within international trade agreements to construct data sovereignty.During these negotiations,countries express differing regulatory claims,with some focusing on safeguarding sovereignty and protecting human rights,some prioritizing economic promotion and security assurance,and others targeting traditional and innovative digital trade barriers.These varied approaches reflect the tension between three pairs of values:collectivism and individualism,freedom and security,and tradition and innovation.Based on their distinct value pursuits,three representative models of data sovereignty construction have emerged globally.At the current juncture,when international rules for digital trade are still in their nascent stages,China should timely establish its data sovereignty rules,actively participate in global data sovereignty competition,and balance its sovereignty interests with other interests.Specifically,China should explore the scope of system-acceptable digital trade barriers through free trade zones;integrate domestic and international legal frameworks to ensure the alignment of China’s data governance legislation with its obligations under international trade agreements;and use the development of the“Digital Silk Road”as a starting point to prioritize the formation of digital trade rules with countries participating in the Belt and Road Initiative,promoting the Chinese solutions internationally.
基金a preliminary result of the Chinese Government Scholarship High-level Graduate Program sponsored by China Scholarship Council(Program No.CSC202206310052)。
文摘The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.
文摘The rapid growth of the automotive industry has raised significant concerns about the security of connected vehicles and their integrated supply chains,which are increasingly vulnerable to advanced cyber threats.Traditional authentication methods have proven insufficient,exposing systems to risks such as Sybil,Denial of Service(DoS),and Eclipse attacks.This study critically examines the limitations of current security protocols,focusing on authentication and data exchange vulnerabilities,and explores blockchain technology as a potential solution.Blockchain’s decentralized and cryptographically secure framework can significantly enhance Vehicle-to-Vehicle(V2V)communication,ensure data integrity,and enable transparent,immutable transactions within the supply chain.Additionally,blockchain strengthens authentication,secures digital identities,and improves data sharing,reducing the risk of unauthorized access and data breaches.Our contribution lies in the proposal to integrate Artificial Intelligence(AI)with blockchain technology to further improve security by refining cryptographic methods,automating key management,and bolstering anomaly detection.Despite challenges related to computational complexity,latency,scalability,and regulatory concerns,the combination of blockchain,AI offers the transformative potential to enhance the security,transparency,and efficiency of connected vehicle systems and their supply chains.
基金support from the National Natural Science Foundation of China(Grant No.:71901169)the Shaanxi Province Innovative Talents Promotion Plan-Youth Science and Technology Nova Project(Grant No.:2022KJXX-50).
文摘Cross-border data transmission in the biomedical area is on the rise,which brings potential risks and management challenges to data security,biosafety,and national security.Focusing on cross-border data security assessment and risk management,many countries have successively issued relevant laws,regulations,and assessment guidelines.This study aims to provide an index system model and management application reference for the risk assessment of the cross-border data movement.From the perspective of a single organization,the relevant risk assessment standards of several countries are integrated to guide the identification and determination of risk factors.Then,the risk assessment index system of cross-border data flow is constructed.A case study of risk assessment in 358 biomedical organizations is carried out,and the suggestions for data management are offered.This study is condusive to improving security monitoring and the early warning of the cross-border data flow,thereby realizing the safe and orderly global flow of biomedical data.
文摘Against the backdrop of globalization’s deepening evolution,the profound coupling between cross-border data flows and digital economic development is reshaping the global economic landscape.This dual-edged effect concurrently poses multidimensional risks to national data sovereignty,societal public security,and individual citizens’rights.Confronted with governing cross-border data flows,nations face the predicament of being unable to simultaneously achieve data protection sovereignty,unrestricted cross-border data flow,and data protection.Based on this,this article employs the“Trilemma Theory”to systematically deconstruct current global governance variations.It then analyzes the two predominant paradigms formed by the European Union and the United States,revealing their internal logic and oriented goals.Concurrently,it examines the current status and challenges of China’s cross-border data flow regulation,aiming to explore a governance pathway suited to China.The goal is to build a governance ecosystem that balances high-level data openness with data security protection,serving both the digital economy’s high-quality development and the safeguarding of national and public core interests.
基金This article is funded by National Social Science Foundation’s general project“Theoretical and Practical Research on International Criminal Judicial Assistance in Combating Cybercrime”(Project No.:19BFX073)National Social Science Foundation’s major project“Translation,Research and Database Construction of Cyberspace Policies and Regulations”(Project No.:20&ZD179).
文摘Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digital trade negotiations could not accommodate these challenges,China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system,including control system for overseas transfer of important data,system of crossborder provision of personal information,and system of cross-border data request for justice and enforcement.To explore a global regulatory framework for cross-border data flows,legitimate and controllable cross-border data flows should be promoted,supervision should be categorized based on risk concerned,and the rule of law should be coordinated at home and abroad to promote system compatibility.To this end,the key is to build a compatible regulatory framework,which includes clarifying the scope of important data to define the“Negative List”for preventing national security risks,improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure,and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.
基金This article is supported by the National Social Science Fund Project"China's Non-Market Economy Status in WTO Trade Remedies"(Project No.15XFX023)the Human Rights Institute of Southwest University of Political Science and Law(SWUPL HRI)2015 Yearly Research Project"Global Human Rights Governance under the TPP."All mistakes and omissions are my responsibility.
文摘The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.
