中国电子商务法草案公布 New Model Law for Developing Countries

《中华人民共和国电子商务法(草案)》(简称草案)于2016年12月25日提交全国人大常委会审议,参与草案起草工作的北京师范大学互联网法律与政策研究中心主任薛虹于12月23日向中新社记者表示,该草案是世界首部综合性的电子商务法案,有望引领此领域的立法潮流。

联合国于1996年12月16日出台首部《电子商务示范法》(UNCITRAL Model Law on Electronic Commerce),世界电子商务立法迎来“破冰”。“该法堪称电子商务立法的‘1.0版本’”,薛虹说。此后,欧美主要经济体都照此制定了类似法律,可以称为“2.0版本”。时隔20年,世界电子商务的发展与之前已经不能同日而语,中国在此领域的发展也已经达到全球前列高度。“中国根据新的变化和要求进行立法,有望成为世界电子商务立法的‘3.0版本’,起到示范作用”,薛虹说。

她认为,从国际视角来看,草案主要有三方面特点。一是全面吸收借鉴了全球电子商务立法的经验,并体现了中国立法的“原创智慧”。如草案赋予了第三方电子商务平台法律地位,并创造性地规范与监管电子商务平台的信用管理机制、在跨境电子商务综合服务者方面设立相关规定。“这都是世界现有法律没有的,体现了中国立法的原创性”,薛虹说。

二是在草案中,中方明确了愿意参与构建相关国际法律的态度。如草案第七十三条规定,国家推动建立与不同国家、地区间跨境电子商务的交流合作,参与电子商务国际规则的制定。薛虹说,这从立法领域体现出中国的开放态度,中国今后在电子商务领域将更深度融入世界。

三是目前看,中国电子商务法草案是世界此领域首部综合性立法,对于其他国家尤其是发展中国家的立法起到积极的示范作用。薛虹表示,经过20年的发展,世界上主流国家对于电子商务的规范还停留在一些分门别类的条款中,如有的单独对电子交易进行规范、有的单独对交易平台进行规范。“而中国在立法之初,就将与电子商务有关的领域都考虑进去,是立法体例的创新。”

草案对与电子商务有关的领域都作出了规范,如电子支付、快递物流等内容都被纳入其中,并在争议解决、市场秩序与公平竞争、知识产权保护、个人信息保护等方面作出了相关规定。

薛虹说,此次在立法过程中,起草组充分听取各方意见,先后召开两次国际研讨会,并将草案翻译成英文,邀请联合国国际贸易法委员会和美国、欧盟、日本、新加坡等国专家进行研讨,在此基础上进行丰富和修改。

“草案英文版公布后在一些国家引起了强烈反响”,薛虹说,许多发展中国家的专家看过后表示,现在要学习的不再是20年前的联合国示范法,而是要学习中国的做法。“这也是中国对于全球电子商务立法的主要贡献。”

中新社北京12月23日电 (记者 梁晓辉) http://www.chinanews.com/gn/2016/12-23/8102740.shtml

网易财经 http://money.163.com/16/1223/11/C8VGTTTL00254TI5.html#from=keyscan

东方头条 http://mini.eastday.com/a/161223114952654-2.html

法制网 http://www.legaldaily.com.cn/index/content/2016-12/27/content_6932482.htm?node=20908

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Stewardship of IANA Functions Successfully Transferred to Global Internet Community

On 1 October 2016, the contract between the Internet Corporation for Assigned Names and Numbers (ICANN) and the United States Department of Commerce National Telecommunications and Information Administration (NTIA), to perform the Internet Assigned Numbers Authority (IANA) functions, has officially expired. This historic moment marks the transition of the coordination and management of the Internet’s unique identifiers to the private-sector, a process that has been committed to and underway since 1998.

Prof. Xue, as a long-time active member on the Multi-stakeholder Steering Group of Asia Pacific Regional IGF (APrIGF) called for US government to timely  complete the IANA oversight transition as scheduled at APrIGF 2016 in Taipei. As a member of the Draft Committee, Prof. Xue suggested use the strong and unequivocal wording to support the global multi-stake process for the transition.

Before the IANA Functions contract ended on October 1st, 2016, some in the US Congress had challenged the validity of the proposal to transfer (or “transition”) the oversight role currently exercised by the US Administration, to a multi-stakeholder Internet community equipped with accountability mechanisms.

Prof. Xue, along with the other Internet leaders, signed on a letter sent to the President of the United States of America on September 14, 2016. Similar letters were sent to the Speaker and Leadership of the House of Representatives, as well as to the President pro tempore and Leadership of the Senate. In these letters, the signatories state: “It is our sincere hope that the Administration will now implement, and that the Congress of the United States of America will not impede the transition of oversight of the IANA Functions.”

Below is the full text of the letter.

List of recipients of our letters:
- President Barack Obama,
- Ms. Penny Pritzker, Secretary of Commerce
- Hon. Ryan Paul, Speaker of the House of Representatives
- Hon. Harry Reid, Democratic Leader
- Hon. Nancy Pelosi, Minority Leader
- Hon. Orrin Hatch, President pro tempore of the Senate
- Hon. Mitch McConnell, Majority Leader

Copies of these letters were sent to:
- Dr. Larry Strickling, Assistant Secretary of Commerce, Administrator of NTIA
- Ms. Fiona Alexander, NTIA
- Dr. Steve Crocker, Chair, and Members of the ICANN Board
- Members of the ICG

Copies of the letters were communicated by separate emails to the following media:
- TheHill.com
- RollCall.com
- BBC North America
- Washington Internet Daily
- Bloombert BNA
- The Guardian, London

* * *

12th of September, 2016
To:
The President of the United States of America
(…)

Dear Mr. President:

As the first truly universal infrastructure in human history, the Internet has allowed huge progress to be achieved in business, legislation, science, public health, agriculture, industry, education and communications, at the same time as it has facilitated the daily lives of ordinary citizens all over the world.

Because of the seminal contribution of the United States of America in creating the Internet and carrying forward so many of its subsequent developments, your country has earned the deep and lasting gratitude of billions of people. In fact, today’s younger generations in so many countries cannot even imagine life without the benefits of ubiquitous connectivity, quick and free access to knowledge, as well as the facilitation of social intercourse.

As individuals deeply engaged in, and committed to improving the integrity, stability and uses of the Internet, we believe that now is an appropriate time to confirm the multi-stakeholder model of the Internet, in a way that would benefit both the United States and the rest of the world. In this respect, we note that the United States have consistently considered that the further development of the Internet would best be served by a global multi-stakeholder model:

1. At the inception of the Internet Corporation for Assigned Names and Numbers (ICANN) in September 1998, the U.S. Government and Internet stakeholders envisioned that the U.S. oversight of the Internet Assigned Numbers Authority functions (“IANA functions”) would be temporary. Also in 1998, the U.S. Department of Commerce issued a Statement of Policy that the U.S. Government “is committed to a transition that will allow the private sector to take leadership for DNS (Domain Name System) management.”

2. In December 2012, the House of Representatives and the Senate jointly stated: “It is the sense of Congress that the Secretary of State, in consultation with the Secretary of Commerce, should continue working to implement the position of the United States on Internet governance that clearly articulates the consistent and unequivocal policy of the United States to promote a global Internet free from government control and preserve and advance the successful multistakeholder model that governs the Internet today.” (H.Con.Res.127; S.Con.Res.50).

3. In March 2014, the National Telecommunication and Information Agency (NTIA) announced its intention to transition key Internet domain name functions to the global multistakeholder community. As the first step, NTIA asked ICANN to convene global stakeholders to develop a proposal to transition the current oversight role played by NTIA in the coordination of the Internet’s domain name system, and set out four criteria for such a transition to merit consideration. As requested, ICANN convened the IANA Stewardship Transition Coordination Group (ICG) which started work in December 2014.

4. In March 2016 the ICG, with the input of the Internet community, submitted its Proposal to NTIA. The NTIA certified that the Proposal met the four criteria (June 2016), approved it (August 2016), and announced its intention to let the IANA Functions contract expire on October 1st, 2016.

It is our belief and indeed our conviction that the transition of oversight of the IANA Functions, from an agency of the United States Government to a multi-stakeholder system equipped with detailed checks and balances, will safeguard the security, openness and efficiency of the Internet, while helping to meet some of the challenges facing humanity and the world in which we live.

In bringing this to your esteemed attention, we are inspired by the fact that the foundation of the United States of America was, in itself, a major innovation of its time: it set out a model of government predicated on principles, a judiciary unswerved by political partisanship, and an economic model in which wealth and success would be earned by initiative and enterprise rather than by inheritance alone. Implementing those lofty principles required open information, as well as the awareness and growing participation of citizens. For the Internet today, the challenges are not very different.

It is our sincere hope that the Administration will now implement, and that the Congress of the United States of America will not impede the transition of oversight of the IANA Functions.

We are addressing similar letters to the Honorable Speaker of the House of Representatives, and to the Honorable President pro tempore of the Senate.

Most respectfully,
On behalf of the signatories listed below:
Jean-Jacques Subrenat
(Ambassador, ret.)

SIGNATORIES:

The Hon. Carl Bildt (Sweden)
Chair, Global Commission on Internet Governance; former Prime Minister & Foreign Minister

Dr. Vinton G. Cerf (United States)
former Chair of the Board of ICANN, Internet Pioneer

Ms. Avri Doria (United States)
Principal Researcher, Technicalities

Mr. Roberto Gaetano (Italy)
Chair, the Public Interest Registry

Prof. Dr. MURAI Jun 村井 純 (Japan)
Dean & Professor, Environment and Information Studies, Keio University
Founder of Junet & WideProject

Dr. Nii Narku Quaynor (Ghana)
Chairman, Ghana Dot Com Ltd.; founding Chairman of AfriNIC

Ms. Njeri Rionge (Kenya)
Founder & CEO, Ignite Consult. & Investment; co-founder & Director, Wananchi Online Ltd.

The Hon. Ms. Marietje Schaake (Netherlands)
Founder, Intergroup on the Digital Agenda for Europe; Member of the European Parliament

Mr. Jean-Jacques Subrenat (France)
Ambassador (ret.); Former member, ICANN Board; Member of the ICG (2014~)

Dr. Prof. XUE Hong 薛虹 (China)
Founding Director, Institute for Internet Policy & Law, Beijing Normal Univ. 北京师范大学

Dr. Prof. YOKOZAWA Makoto 横澤 誠 (Japan)
Professor, Kyoto University; Vice Chair of the Internet Economy WG, Keidanren

(Views expressed in this letter are those of the signatories, and do not purport to represent the positions of entities with which they may be associated.)

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《电子商务法》草案跨国企业座谈会成功举办 A Dialogue on Chinese Draft E-Commerce Law with Overseas Enterprises Successfully Held

2016年9月23日下午,《电子商务法》草案跨国企业座谈会(A Dialogue on Chinese Draft E-Commerce Law with Overseas Enterprises)在后主楼1822高铭暄学术会议室举行。

本次会议由北京师范大学互联网政策与法律研究中心主任薛虹教授现场主持,全国人民代表大会财政经济委员会研究室副主任施禹之同志出席并讲话。美国信息产业机构(USITO)、Visa、Nike、Amazon、Google、AT&T、HPI、IBM、Verizon、Intel等跨国企业以及德国联邦国际经济合作机构(GIZ)的代表参加共计30余人参加了会议。与会代表针对《电子商务法》草案的内容进行了认真细致的研讨,提出了自己的意见和建议。

会议开始,首先由薛虹教授介绍了《电子商务法》的立法进程以及本次会议的议程。此次会议的目的为听取跨国企业对于《电子商务法》草案的意见。

随后出席会议的各位代表围绕电子商务法适用主体和范围、网络信用评价体系、非授权支付以及数据保护和流动等问题提出问题及评论意见。薛虹教授以其丰富的实务经验和深厚的学术素养,对跨国企业代表们的所提出问题等进行了详尽解答。施禹之主任对《电子商务法》草案的立法精神、立法原则以及与国际电子商务法律的对接问题进行了阐述。

会议最后,施禹之在总结讲话中对各位代表的出席和建议表示衷心感谢,并表示《电子商务法》必定为科学之法、民主之法、开门之法,与世界潮流接轨,而《电子商务法》的出台必定有力地规范及促进国内乃至世界电子商务经济的发展。与会成员进行合照,本次座谈会圆满结束。

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Prof. Xue taught at APRU Summer Seminar 2016 on Digital Economy

The Association of Pacific Rim Universities (APRU) Summer Seminar 2016 on Digital Economy was held in the last week of August 2016 in Tokyo. Prof. Xue, as a Member of Academic Advisory Council of The Asia Pacific Institute for the Digital Economy (APIDE) joined the seminar and taught at several sessions to the governmental officers from the APEC economies. Prof. Xue gave an orientation on digital economy and policy shifting in the world and presented on copyright and innovation industry in the digital economy.

APRU provides a framework for a range of cooperative activities among universities in the region, with current joint projects on climate change, the aging society, disaster preparedness, and global health. Reflecting the growing importance of the Internet, the 2014 APRU Annual Presidents’ Meeting agreed to work on a joint Initiative on “Governing the DIgital Economy.” The goal is to bring the academic community in the region into stronger contact with other members of the multistakeholder community concerned with the future development of the Internet.

Under the framework of the APRU Internet Governance Initiative, Keio University has hosted an annual APRU Digital Economy Business Offsite engaging the business community in the region and an APRU Digital Economy Summer Seminar working with regulators to build capacity in the Internet policy space. APIDE, established in 2012, is a research institute that can work with the academic community to clarify policy options and help build consensus around a set of pragmatic actions based on solid research and analysis throughout the Asia Pacific.

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Prof. Xue on APEC E-Commerce Business Alliance Expert Council

The 6th APEC E-Commerce Business Alliance Forum was held on June 28-30, 2016, in Jinjiang, China. Prof. Xue, who was appointed on the Expert Council of the APEC E-Commerce Business Alliance, presented at the Forum on the International and Global e-Businesses and joined the Expert Council meeting. She was one of the primary drafters of the Jinjiang Proposal, a statement officially released at the Forum and later presented at APEC meetings.

In line with the theme “Promoting inclusive trade through cross-border E-Commerce “, the Forum explored the new development of cross-border E-Commerce for SMEs to participate in international trade in terms of opportunities, challenges and the future deeply and comprehensively, and how to ensure data privacy security issues in the era of big data, and discussed the impacts of developing cross-border E-Commerce on benefiting SMEs,  driving a new round of global economic development and deepening the Asia-Pacific regional economic cooperation, so as to promoting stability, development and prosperity in Asia-Pacific region.

The Jinjiang Proposal made the following suggestions to global community:

For this purpose, our suggestions are as follows;

  1. To fully implement policy and business research advantages of the Alliance within its own field, actively explore practical ways and future prospect for small, medium and micro enterprises to participate in international trade and integrate into international value chain including obstacles which existing international trading system have on small, medium and micro enterprises integrate into international value chain, cross-border E-Commerce platform and environment, conditions and methods for small, medium and micro enterprises to develop cross-border e-commerce, to actively explore small, medium and micro enterprises innovation and entrepreneurship under the condition of Internet; to investigate innovation needs of each member country regulation mode regarding cross-border E-Commerce including the effective regulatory methods which the government and regulatory body have on flows of digital data and technologies, the protection which innovative systems and rules have on small ,medium and micro enterprises and the interests of consumers etc. These methods will promote and encourage small, medium and micro enterprises to participant in international trade through E-Commerce effectively.
  2. To actively promote each member’s government and industry organizations, try to form the rules for cross-border E-Commerce platform, establish cross-border E-Commerce credit verification system and markets for small, medium and micro enterprises in APEC region, to encourage cooperation and collaboration modes such as the Government and Enterprises ( PPP), platform and platform , reform international logistics practice, establish new international payment systems and credit rules in order for small, medium and micro enterprises to carry out cross-border E-Commerce.
  3. It recommends that all APEC governments and regulatory bodies allow for the development of industry standards for information technology and e-commerce that can be applied and observed equally by all SMEs throughout the APEC region.  This will require that all relevant industry participants, especially SMEs, be allowed to participate in the process of developing these standards.  The process could be organized and sponsored by the government agencies, but industry participants (including SMEs) should be allowed significant opportunity to present decisive input, and the process must be fair and transparent. The resulting industry standards must be acceptable and readily practicable throughout the APEC region not only applicable to certain entity. The result should be a network of e-commerce infrastructure that SMEs from any nation in APEC can access to participate and compete effectively in international trade throughout the region.
  4. To be active and efforts can be made into the following aspects;

a)       To set up designative contacts system and information-sharing network within the APEC region, publish each economy entity’s updates , relevant policy, cooperation projects in the field of E-Commerce, and promote information exchange within all members, share E-Commerce development results and achievements;

b)      To summarize the APEC region cross-border E-Commerce best practices and serve in exchanging visits between enterprises, business cooperation, technical support, investment and promote the development and progress for commercial and industry enterprises in the APEC region;

c)       To emphasize and strengthen capacity-building in the field of E-Commerce and encourage capacity-building training activities, shorten the difference among the economies, and promote APEC economies complementary advantages for each other.

5. We are committed to continue to strengthen coordination and cooperation with other relevant international, regional cooperation organizations and forums, so that APEC E-Commerce Business Alliance would play a more important role in regional and global economic governance system.

 

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