When the "Internet +" era arrives, how does the policy and regulations change?

This year's "two sessions", "Internet +" action plan was written into the government work report. In recent years, the Internet technology, which is represented by mobile internet, cloud computing, large data and IoT, has been developed to serve the economic development, promote the upgrading of traditional industries and promote the level of social management. Its impetus to create a new era of internet development, can be summed up as the "Internet +" era.

However, Internet policy and legislation are the normative guarantee for the healthy and orderly development of Internet. Looking at the global, facing the "Internet +" era of new technologies, new business challenges, countries in the open government data, personal information protection, network security, intellectual property and other aspects of the proposed new legislative proposals, in cyberspace, cybercrime, cross-border data flow and other aspects of strengthening international cooperation.


in China, especially after 2000, with the Internet gradually into the commercial sector and the implementation of market-oriented operation, China's legislation on the internet has also been rising trend, the state has formulated a series of internet-related policies and laws, these policies and laws have the management, promotion and protection of the Internet industry's role. In order to adapt to the "Internet +" era of industrial development, China is also actively improve the relevant policy laws.


to enact legislation and policies on data opening to promote the development of large data industry and informatization


Big Data is becoming a new concept that has been widely followed by the Internet, cloud computing, mobile Internet and IoT, and will become a strategic resource, like energy and materials. The U.S. government has seen big data as one of the key factors in strengthening U.S. competitiveness, raising large data research and production to a national strategic level. It can be foreseen that large data application will bring new opportunities for China's economic development, and profoundly affect the traditional industries such as retailing, finance, education, medicine and energy.


seize the opportunity of big data, China will stand on the commanding heights of modernization. In the construction of the information law in our country, we should grasp the historical opportunity tightly, make the relevant legislation and policy of large data opening, actively carry out the application of large data technology, give full play to the demonstration effect, promote the development of large data industry and the information construction of our country.


set up the platform responsibility system which adapts with the industry development, promotes the Internet industry and the information development


In recent years, China's Internet legislation on the Internet platform should be responsible for the requirements of the promotion. Including the legislation that has already been drawn up or is soliciting the opinion, has embodied this trend, such as "Consumer Rights Protection Law", "Food Safety Law", "internet food and drug operation supervision and administration method" and so on. The promulgation of these laws solves the problem of consumer's network protection, but it also needs to take into account the development of the industry, which requires the establishment of the platform responsibility system which adapts to the industrial development, and promotes the development of Internet industry and informatization.


first of all, overly stringent third-party platform responsibility, will increase the operating costs of enterprises, may affect the development of the Internet industry. In recent years, China has become the world's most important internet power after the United States, the economic and social development of China has produced a huge radiation effect, which benefited from the Internet industry in China and the industrial development of the policy and legal environment. The State Council issued "on the promotion of information consumption to expand domestic demand," a number of suggestions to expand the emerging information services industry, enrich the content of information consumption, broaden the space for E-commerce development. At the same time, the third party platform does not have the legal security supervision function, lacks the necessary supervisory means and the supervisory ability, cannot undertake the safety supervision responsibility.


Secondly, it is inconsistent with the current international legislation trend to require the platform to bear the responsibility of food safety. The responsibility of the third party trading platform is a problem in the development of Internet in every country at present, and the relevant legislation of us, Europe, Japan, Korea, etc. do not require the platform to bear the responsibility of food safety, but require the platform to fulfill the duty of reasonable care and bear limited liability according to the fault. Our country "tort liability Law", "Information network dissemination right protection regulation" and so on legislation also adopted similar standpoint, introduced "safe haven" and so on the principle, to the platform responsibility question limits.


as soon as possible the network security strategy, strengthens the network security legislation


strengthen the network security legislation is the general trend. Since 2003, the United States has issued the "Cyber Space National Strategy", "Network Space Policy Assessment Report", "Network space credible Identity strategy" and "cyberspace International Strategy."


from the EU Member States, in 2005, Germany adopted its National plan for the protection of information infrastructure, and in 2006, Sweden developed the Swedish network security Strategy; In 2007, Estonia, after severe cyber attacks, The first broad national network security strategy for the EU was released in 2008. In February 2013, the European Commission issued the first EU-wide network security Strategy-an open, credible and secure cyberspace. Currently, the EU has 10 Member States to issue a national network security strategy. Some Member States are developing cyber security strategies, some of which are about to be released.


In addition, Korea, Japan and other countries have issued a network security strategy, elaborated its network space related positions, ideas and measures.


suggested that our country should promulgate "network security Strategy" as soon as possible, strengthen the network security top layer design, perfect the relevant legislation of network security.


actively promote Chinese Internet enterprises to participate in Internet international governance


in an official statement issued on March 14, 2014, the National Telecommunications and Information Administration said it intended to transfer the power of Internet domain name management to a community of global stakeholders. The move means that the Internet governance, which involves a lot of intervention, will give governments and businesses more room than the original one-nation management model. Chinese Internet companies are defined as "global multi-stakeholder" with the ability to participate in and make a difference.


proposed to promote the active participation of our enterprises in ICANN and other related conferences and activities, and make active voice to form international influence. At present, the ICANN Conference has a forum for public speaking, and ISPs and various organizations can join the ICANN support organization or advisory Committee to participate in the domain Name System Management process. By participating in Internet governance related forums, working groups and submitting industry opinions, we can create a benign interaction between Internet enterprises and global Internet industry organizations and users, actively intervene in related affairs and form international influence. It can provide a strong guarantee for the informatization of our country to master the relevant technical standard rule making right.


establish the Personal Information protection system which adapts to the development of Internet industry in China


in the era of large data, personal information protection has become an irreversible trend, and become the global Internet industry legislation hotspot. The "forgotten right" debate in Europe and America will certainly continue for a long time. Russia's latest law stipulates that all internet companies that collect information about Russian citizens should store the data in Russia. All these reflect the trend of strengthening personal data protection.


the legal provisions of personal information protection in China are scattered. At present, there is no special legislation on the protection of personal information, the provisions of the existing legislation on the protection of personal information are scattered in various laws, regulations, regulations, lack of system. In addition, the legislation of personal information protection in the network environment is mainly aimed at the network information security, whose starting point lies in the network security.


In order to protect personal information better, it is suggested that we should set up the personal Information protection system which adapts to the development of Internet industry in our country, make clear the supervision organization and duty of personal information, define the rights and obligations of the individual data processor, and establish the Personal Information protection system which adapts to the industrial development. In addition, we should improve the concept and consciousness of personal information protection, strengthen the self-discipline of industry, and implement the Declaration, suggestion and guide of personal information protection.


Internet management changes from "supervision" to "governance"


for a long time, the concept of "internet supervision" in our country is deeply rooted, although Internet governance is similar to internet regulation, its idea is quite different. Internet regulation emphasizes more on the unilateral management of the Government, while Internet governance emphasizes more diversified participation, including not only government management, but also many factors, such as industry self-discipline, enterprise participation and consumer awareness raising.

The
enterprise's participation is not to undertake the government function to carry on the corresponding management, but lies in the market competition strength, enhances the product and the service quality unceasingly, strengthens the enterprise self-discipline. Compared with the emphasis on government regulation, the concept of Internet governance emphasizes the power of the market and can realize the purpose of supervision through the full competition of the market. such as user rights and interests protection, the Internet industry is fierce competition, enterprises need to continuously improve user experience, protect consumers ' rights and interests, seize the user, thus in the market competition in a favorable position.


Therefore, the idea of Internet management should be changed from "regulation" to "governance". It is suggested that the government function should be further changed and the Internet management should be decentralization to reflect internet thinking. In the "Internet +" era let Internet enterprises have a broader space for development.