Archive for Internet Governance

《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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Prof.Amir Qayyum Guest Lecture at IIPL

Prof. Amir Qayyum, Dean of Faculty of Enginner, Capital University of Science and Technology, Islamabad, Pakistan, visited the Institute for Internet Policy & Law (IIPL) and gave an Expert Lecture to the BNU JM, LLM and international exchange students on Mobile Technologies and Relevant Governance Issues on June 6, 2016. Prof. Qayyum talked about the encrytion technology process and method with the PKI to ensure the confidentiality and integrity of communications on mobile network and digital forensics to combat cyber-crimes (including lawful interception). He mentioned that the Pakistan Internet penetration by broadband is aournd 17% while the people who access to mobile data is over 60%. Mobile Internet is the real solution to digital divide and access problem in a devleoping country like Pakistan.

Prof. Qayyum also shared the experence with the Chinese at-large community with respect to the organization of the School of Internet Governance (SIG) in Pakistan. He talked about the curriculum, faculties, fudning, international cooperation and managment of the SIG of which he was on the 2015 Management Committee. The Representatives from the two ALSes, Chinese Domain Name Users Alliance (CDNUA) and At-Large @ China presented at the meeting and had the interesting discussion with Prof. Qayyum.  The discussions are helpful for the Chinese community to improve the APILP and develop the other capacity building programs in China.

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Prof. Xue Presented at the Global Facilitation Partnership for Transportation and Trade 2016 Annual Forum

The Global Facilitation Partnership for Transportation and Trade (GPF) 2016 Annual Forum, organized by ICC, UNIDO and ITC, was successfully held at Invest Shanghai, 15/F New Town Tower, Shanghai.  More than 80 representatives from the international organizations (ICC, UNIDO, ITC, UNECE, WCO. UNCTAD), customs authorities (Cambodia, Guatemala), private sector and academia joined the meeting and shared their views on a variety of trade facilitation issues in the nutshell of implementation of the WTO Trade Facilitation Agreement (TFA). ICC China invited around 20 businessmen (including Huawei, Alibaba, Sinotrans) from China and other countries to join the Forum.
Prof. Xue gave a presentation at the session on “regional integration”. Prof. Xue talked about the importance of the newly formed UNESCAP Framework Agreement on Facilitation of Cross-Border Paperless Trade in Asia and the Pacific (FA) to the regional integration in the following three aspects.
(1) Legal harmonization across the region
Deep regulatory fragmentation and variation of laws and regulations are pledging the cross-border paperless trade. The FA that is completely complimentary to the WTO TFA provides the legal framework to harmonize the regulatory systems in the region through encouraging the Member States to adopt to the international laws and standards (particularly from UN/CEFACT, ISO and WCO) in their domestic laws.
(2) Legal connectivity
The FA, particularly Art. 8, provides the mutual recognition of e-data and document originated from the other Member States at the substantially equivalent level of reliability, which removes the legal barrier of cross-border paperless trade. The substantially equivalent level of reliability may be achieved through the institutional arrangement of the FA (such as the protocols) or bilateral or multilateral agreements among the Member States. The current FTAs (such as TPP, RCEP), if consistent with the FA, may also be linked up to enable the mutual recognition.
(3) Engagement with the private sector
Prof. Xue emphasized the importance to engage the private sector in composing and implementing the Action Plan, Road Map and pilot projects of the FA and called their participation in the FA process.
Prof. Xue’s presentation on FA was very well received by the audience. Dr. Saeed from ITC (who is a member of UNNeXT) gave the positive comments. All the participants are getting more interested in the FA and its future implementation. The representative from DHL supported the FA initiative and hoped that its implementation would release logistic companies from submitting both e-copies and paper forms for customs clearance. Prof. Xue responded that “data submitted once” is the kernel of Single Window (SW) definition and the requirement of dual submission is not consistent with UN/CEFACT Rec. 33 on SW. However, if a country has no SW in place, the principle of non-discrimination does not exclude the coexistence of both e-form and paper form. Prof. Xue also briefly talked about the Chinese e-commerce lawmaking.
The newly formed China’s National TF Commission to implement the TFA, Huawei’s Global Customs Project, Alibaba OneTouch and the pilot APEC Model E-Port Network (APMEN) (like PAA exchanging e-data and documents among the ports in the network) are all  interesting initiatives and deserve further research.

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