Jared Ragland on LinkedIn: 23 April 2024 BSA Comments on Korea PIPA Foreign Guide (2024)

I was so happy to join Douglas Kramer, Chief Legal Officer for Cloudflare, and Andrea Phua from the Ministry of Communications and Information for a conversation moderated by Ming T. from the Tech For Good Institute on April 23 here in Singapore to talk about trends in tech policy and the impact on the Asia-Pacific region.We discussed how a multi-stakeholder approach allows governments to respond to technological innovations more quickly and effectively, along with the challenges of moving beyond the dimensions of economics, national security, and politics in shaping today’s digital economy. Our panel examined how to align tech policies across the region, and forge new partnerships between large and small companies – and a note of cautious optimism for a future digital economy that is interoperable, secure, open, peaceful, and free.A big thanks to Cloudflare for hosting us in their beautiful conference facility.Carly Ramsey Smrithi Ramesh Wai San Wong

44

2 Comments

On behalf of BSA | The Software Alliance, I am very happy to invite you to participate in “Advancing Indonesia's Digital Ecosystem: US-Indonesia Commercial Discussion” at the Park Hyatt Hotel in Jakarta! The event is from 8:00am to 5:00pm (Jakarta Time) May 8. Please register here: https://lnkd.in/gk7jSN6DThis in-person event, co-hosted by BSA | The Software Alliance, theU.S. Department of Commerce, the Bureau of Cyberspace and Digital Policy, and Kominfo will bring together expert speakers representing both the Indonesian and US governments and leaders from the tech industry, including our sponsors Amazon Web Services (AWS), Microsoft, and Salesforce. Together, we will touch on personal data protection, cross-border data transfers, cloud and data center infrastructure development, cybersecurity, and artificial intelligence. Register at the link above or in the announcement below.Boon Poh Mok, Sassoon Grigorian, Ajar Edi, Maciej Surowiec, Donny Eryastha, Brian Fletcher, Annabel Lee, Wai San Wong

17

Sharing BSA | The Software Alliance's recent submission to Vietnam's Ministry of Public Security regarding a proposed Law on Personal Data Protection. This Law would replace the current Personal Data Protection Decree, which currently governs personal data protection in Vietnam. The development of a PDP Law presents an opportunity for the MPS to develop comprehensive and effective legislation that is aligned and interoperable with international appoaches and to address some of industry's concerns regarding the current Decree. Our key recommendations include:- Aligning the definitions of key terms- Establishing a clear distinction around the roles and responsibilities of personal data controllers and processors.- Ensuring there are adequate legal bases for processing personal data in addtion to consent.- Adopting an accountability based approach to cross-border data transfers that recognizes widely used data transfer mechanisms.- Limiting personal data breach notification obligations to actual incidents that present a meaningful risk of harm to data subjects.- Establishing data subject rights with reasonable accomodation and time frames for address data subject requests.- Providing for a reasonable (2-year) transition period between the enactment of the law and its enforcement.You may find both the English and Vietnamese versions of our submission here - https://lnkd.in/gEuQXZwM

22

If you are, or will be, in Singapore, please REGISTER (see below) and join us on Tuesday, April 23 for our event, co-hosted with BSA | The Software Alliance member Cloudflare on "Global Trends in Tech Policy and Impact on the Asia-Pacific Region". Ming T. will moderate a panel including Andrea Phua of the Ministry of Communcations and Information, Douglas Kramer, Chief Legal Officer at Cloudflare, and me to discuss how globaly shifting economic and digital trade policies create challenges and opportunities for both economies and companies here in the Asia-Pacific.

13

1 Comment

Please see BSA | The Software Alliance's recent submission to Australia's Department of Home Affairs (DHA) in reponse to DHA's "Cyber Security Legislative Reforms Consultation Paper". In our submission, we provide feedback on the nine measures under consideration to address perceived gaps in Australia's existing cybersecurity legislative framework and potential amendments to the Security of Critical Infrastructure Act 2018 (SOCI Act).Among our recommendations, we encourage:* Attention to limiting the kinds of information that can be requested or required of entities, and limiting how such information may be used and with whom (within the Australian Government) it may be shared.* Ensuring that critical infrastructure entities retain responsibility for ensuring cybersecurity and interacting with regulators, especially when managing incidents.* Removing or substantially limitting the proposed "all-hazards power of last resort" to manage "consequences of a national significance". We urge DHA to ensure that existing powers are not sufficient before proceeding. If the proposed new powers are deemed necessary, then substantially narrow them, specify and define key terms, and establish an independent oversight or appeal mechanism to avoid overreaction or overreach that may harm providers of critical information infrastructure or raise serious concerns with customers and regulators in partner jurisdictions.The submission may be found here: https://lnkd.in/gYkzsYyV#software #cybersecurity #criticalinfrastructureprotection

19

Please see BSA | The Software Alliance's most recent submission to the Government of the Republic of Korea regarding recent adjustments to their Cloud Security Assurance Program (CSAP). The CSAP is designed to ensure that cloud services eligible for procurement by Korean public sector entities meet minimum cybersecurity controls and standards. However, it has for many years instead acted as a barrier to providing cutting edge secure cloud solutions to many entities in Korea.Our recommendations are to adjust how data systems are categorized into the "low", "medium", and "high" categories. The majority of public sector data sets likely would not be highly sensitive and categorizing more work loads as "low" would increase the choices Korean entities have for utilzing highly secure and effective cloud services.Furthermore, we urge the Ministry of Science and Information Technology (MSIT) to remove some of the more burdensome requirements, such as data residency requirements and the use of unique encryption standards that reduce or eliminate the ability of global cloud service providers from becoming certified with little to no concomitent increase in cybersecurity, both from the "low" level certification and the "medium" level. Instead, Korea should better recognize adherance to internationally recognized cloud cybersecurity standards to increase cyberresilience and choice within Korea's public sector.You can see our submission here in both English and Korean.https://lnkd.in/gg3BDWv7#cloudsecurity #software #innovation

15

Please see BSA | The Software Alliance's comments to Japan's Ministry of Internal Affairs and Communication (MIC) and Ministry of Economy Trade and Industry (METI) regarding the draft AI Business Guidelines.Japan has been a powerful leader promoting an aligned approach to international AI governance, including through the G7 and the Hiroshima AI Process. We are grateful for MIC and METI's efforts to update AI guidance for business operators in Japan.In our comments, we recommend further elaboration or improvements by:* Aligning definitions with international approaches such as those of the OECD.* More clearly distinguishing between high-risk and low-risk applications or use cases of AI.* Avoiding the suggestion that business operators must conduct external audits of their AI risk-management plans - standards remain nascent and it is not clear there are effective third-party auditors that would provide consistent appraisals - internal review and assurance would be preferable at this time.For more, see below or at the following link. The submission may be found in both English and Japanese.https://lnkd.in/gEPXkAZ9#AI #enterprisesoftware #riskmanagement #

20

Please see BSA | The Software Alliance's comments to the Senate Standing Committee on Finance and Public Administration on its inquiry into Australia's sovereign capability in the tech sector.Our recommendations include:1. To ensure that the Australian public service can access cutting-edge products and services that best suit their needs. 2. To avoid overly stringent sovereignty requirements in public procurement that will disrupt important policy goals, including restricting the growth of Australia’s tech sector. 3. To promote procurement policies that identify trusted partners and align with internationally recognised standards.#software #innovation #procurement

12

I am happy to share BSA | The Software Alliance's submission to Japan's Agency for Cultural Affairs on Japan's Draft Approach to AI and Copyright. The "Draft Aproach" presents preliminary thinking from the ACA regarding the scope and applicability of a number of important exceptions in Japan's Copyright Law that ensure that AI developers can use publicly available information from the Internet as training data for AI systems, including large language models (LLMs).We appreciate the ACA's efforts to provide clarity around when such data may be used without infringing copyright. However, our recommendations are to revise certain sections of the "Draft Approach" to ensure the ACA does not undermine the clarity that already exists in Japan's Copyright Law, which allows for the non-consumptive use of uncopyrightable information within publicly available online content, some of which is protected by copyright. It is important to ensure that AI systems are not misused to produce and distribute copyright infringing content, and Japan's Copyright Law is well designed to address this concern. It is equally important to ensure that AI systems can be trained on large, high-quality data sets without unreasonable restrictions.Available at: https://lnkd.in/gfR_srB9#software #ai #aitraining #copyright

23

2 Comments