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5 - The Cyber Security Law

Fuzzy Logic in a Touchstone Law

from Part I - Historical and Doctrinal Background

Published online by Cambridge University Press:  16 December 2021

Max Parasol
Affiliation:
RMIT Blockchain Innovation Hub
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Summary

The key provisions of China’s Cyber Security Law relating to data localisation and data exits still allow for competing interpretations by regulators, which makes compliance difficult, even in 2021. The further attempt to include ‘backdoor’ keys to encryption in this law is also noted, although foreign companies have managed to exert some influence on this point and other implementation issues. The Cyber Security Law is an important and high-profile development in Chinese cyber policy history. It created much more controversy than the Anti-Terrorism Law explained in the previous chapter. In recent years, China has gradually adopted a series of laws, regulations and macro policies in the field of cyber security and data protection aimed at turning the country into a ‘cyber superpower’ and boosting its digital economy. The Cyber Security Law, which came into partial effect from 1 June 2017 (with an official 18-month phase-in period for the data localisation provisions), is a milestone in the development of China’s legal framework for cyber security and data protection. The law also provides further evidence of the inherent tensions underlying the innovation policies described in Chapter 3. However, vague regulations allow regulators leeway to adjust their aims in response to broader economic and political trends by means of implementing rules. Finally, clarifying the vaguest provisions in the Cyber Security Law through more transparent rules may provide an opportunity for the Chinese government to decide which way it is heading: towards further innovation or further restriction beyond the ongoing US–China trade war.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • The Cyber Security Law
  • Max Parasol
  • Book: AI Development and the ‘Fuzzy Logic' of Chinese Cyber Security and Data Laws
  • Online publication: 16 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781009064804.007
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  • The Cyber Security Law
  • Max Parasol
  • Book: AI Development and the ‘Fuzzy Logic' of Chinese Cyber Security and Data Laws
  • Online publication: 16 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781009064804.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Cyber Security Law
  • Max Parasol
  • Book: AI Development and the ‘Fuzzy Logic' of Chinese Cyber Security and Data Laws
  • Online publication: 16 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781009064804.007
Available formats
×