From Deregulation to Re-regulation: An Analysis of the 2025 Amendment to Taiwan's Telecommunications Management Act
2025/09/30
As information and communication technologies (ICT) rapidly evolve, global industries have experienced swift iteration and convergence in the past decades. To adapt to this trend and dismantle outdated regulatory restrictions, Taiwan passed the Telecommunications Management Act in 2019[1], replacing the Telecommunications Act[2] of 1996.
This move marked a departure from the traditional model of heavily regulating the telecommunications industry as a concession-based business. The new law aimed to promote the launch of innovative services and foster fair market competition. Its fundamental goal was to deregulate, encourage innovation, and establish a more flexible and efficient regulatory framework.
However, the 2025 amendment to the Telecommunications Management Act suggests that Taiwan's telecommunications policy is shifting from openness toward a more conservative stance.
I. Background: The 2019 Shift to a Registration-Based System
The original Telecommunications Act adopted a strict licensing system and vertical regulation, categorizing operators based on whether they owned physical network infrastructure and the specific services they offered. This rigid regime established detailed rules for each business category and imposed heavy penalties on unlicensed operators, stifling the industry's potential for innovation.
In response, the 2019 Telecommunications Management Act introduced a horizontal regulation approach, structuring the communications industry into three distinct layers: infrastructure (telecommunications networks), operations (telecommunications services), and content/application.
Furthermore, the market entry system was transformed from a licensing model to a registration model. Only service providers needing to interconnect with other operators, apply for radio frequencies, or use telecommunications numbering resources were required to register as "telecommunications enterprises." Providers of other services, like Internet Access Service Providers (IASPs) and Mobile Virtual Network Operators (MVNOs), were not required to register–a policy designed to invigorate the market by encouraging innovation and cross-industry operations.
Once registered, however, an enterprise is subject to close supervision by the National Communications Commission (NCC) and must fulfill various legal obligations, including:
Given these obligations and a lack of sufficient incentive, IASPs and MVNOs are unlikely to voluntarily register as telecommunications enterprises.
II. The 2025 Amendment: Mandating Registration to Combat Fraud Crime
The 2025 amendment to Article 5 of the Telecommunications Management Act fundamentally alters this framework. It now mandates that all MVNOs and IASPs register as telecommunications enterprises and fulfill the corresponding obligations. The amended law took effect on July 2, 2025, and existing operators have a one-year grace period to complete their registration.
The primary driver for this policy reversal is the national imperative to combat fraud-related crimes.
For MVNOs, the rationale is clear. Mobile phone numbers are integral to modern life, functioning as digital identifiers for accessing financial services and engaging in economic activities. To prevent criminals from exploiting anonymous numbers, mandatory registration enables the government to enforce Know Your Customer (KYC) procedures, ensuring the verification of the end-user's identity.
For IASPs, the previous voluntary system created ambiguity regarding the total number of operators in the market. The government requires cooperation from IASPs to implement crime-fighting measures, such as restricting access to fraudulent websites under “The Fraud Crime Hazard Prevention Act”[3], or providing “network traffic records” to judicial authorities as required by “The Communication Security and Surveillance Act”[4]. Mandatory registration ensures all IASPs are identifiable and can be called upon to assist in these efforts.
III. Challenges and Outlook: The "Tiered Management" Approach
Notably, the new law authorizes the NCC to implement "Tiered management", a system that allows for different regulatory requirements based on an operator's revenue, user base, and other factors. This suggests that smaller operators, which may have different risk profiles and a lesser impact on the public interest, could face more relaxed regulations. The NCC is currently drafting the specific standards for this tiered approach.
This presents a potential paradox. If the primary goal of mandatory registration is to establish a comprehensive defense against crime, allowing regulatory intensity to vary by company size could create the very loopholes the amendment aims to close. Effectively implementing a framework that is both fair to smaller businesses and robust against criminal exploitation will be a significant test of NCC.
[1]Telecommunications Management Act, Laws & Regulations Database of the Republic of China (Taiwan), https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=K0060111 (last visited Sept. 30, 2025).
[2]Telecommunications Act, Laws & Regulations Database of the Republic of China (Taiwan), https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=K0060001 (last visited Sept. 30, 2025).
[3]Fraud Crime Hazard Prevention Act, Laws & Regulations Database of the Republic of China (Taiwan), https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080226 (last visited Sept. 30, 2025).
[4]The Communication Security and Surveillance Act, Laws & Regulations Database of the Republic of China (Taiwan), https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=K0060044 (last visited Sept. 30, 2025).
1. Prologue Flexible and collective usage of spectrum is the mainstream in the modern times. Julius Genachowski, chairman of the Federal Communications Commission, delivered the keynote address to the CTIA-Wireless Association convention on Oct. 7, 20091. He said the U.S. government has been tripling the amount of spectrum available for commercial uses. The problem is that many industry experts predict wireless traffic will increase 30 times because of online video and other bandwidth-heavy applications. Accordingly, he warned that the shortage of spectrum would be a crisis for the on-going evolution of mobile broadband communication. Therefore, it’s critical for using precious spectrum effectively. Now, with the breakthrough of ICT, there is an alternative solution to this crisis: "application of interleaved/white space". 2. The cure for shortage of the spectrum To solve the shortage and ineffective use of scarce spectrum, developed countries have innovated technology to overcome the dilemma. Accordingly, the cognitive radio (CR) network with OFDMA (Orthogonal Frequency Division Multiple Access)2 systems, namely "spectrum sensing", to use the interleaved/white space is the therapy nowadays, especially after digital switchover (DSO). CEPT (European Conference of Postal and Telecommunications Administrations) identified "white space" as a part of the spectrum, which is available for a radio-communication application (service, system) at a given time in a given geographical area on a non-interfering / non-protected basis with regard to primary services and other services with a higher priority on a national basis. Specified clearly, the wording of "White Spots" or "White Spaces" or "Interleaved Spectrum" applied by CEPT has been used to introduce a concept of frequency spectrum which is potentially available at a given time for further utilization within frequency spectrum originally planned for broadcasting in GE063. The current CEPT view is that any new white space applications should be used on a non protected non interfering basis. Further studies are required into the framework needed to enable the use of CR devices within white space spectrum. Meanwhile, Millions more — both rural and urban — couldn’t afford computers and internet access in the United States. Yet big telephone and cable companies won’t bring broadband internet to rural America. Therefore, U.S. administration takes it seriously and considers to bridge the "digital gap" via CR networks for using white space to high-speed wireless internet access in rural area. Moreover, innovative way to use the spectrum after DSO could also satisfy the demand of band immediately with National Broadband Plan which proposed by President Barack Obama. 3. The definition and function of "white/interleaved space" In a word, the spectrum licensed to commercial use or public safety is not always occupied totally all the time. Accordingly, some bands are vacant just like "white" or "interleaved". If communicators use these interleaved and fragmented bands temporally, the spectrum-usage will be more effective and the cost of the spectrum now we used will be much lower. Not only U.S but also UK regulator Ofcom has published a discussion document to explore the possibility of using interleaved spectrum to wirelessly link up different devices and offer enhanced broadband access in rural areas. The idea is based on the development of technology that could search for unoccupied radio waves between TV channels to transmit and receive wireless spectrum. Take DSO in U.S. for example, when TV goes digital in June, 2009, TV broadcasters will use only a small portion of the public airwaves they are allocated.4 This is because digital transmissions can be packed into adjacent channels, while analog ones cannot. This means that the band can be "compressed" into fewer channels, while still allowing for more transmissions, which could result in a kind of "white space" (or so-called digital dividend) mentioned above. In most rural areas, 60 to 70 percent of these digital airwaves will be vacant. It goes without saying that those bands will be idle, which will also increase the cost the spectrum-usage. However, the TV band can carry a broadband signal that penetrates buildings, travels great distances, and penetrates heavy foliage. If people could search the "spectrum hole", off course, with CR or DSA (Dynamic Spectrum Sensing), and then link up those unoccupied band for wireless communication, the compelling needs of spectrum will be eased. Most important of all, this innovative way fits the trend of collective and flexible spectrum usage in 3G/4G era. 4. The key to open "white space" Undoubtedly, the WSD (White Space Devices) is the key to open the new gate. FCC issues some R&O to test WSD for welcoming white space. On October 5, 2007, OET (the Office of Engineering and Technology) of FCC issued a public notice inviting submittal of additional prototype devices for further tests (Phase II). On February 24, 2010, OET selected Wilmington, North Carolina, for the test market for the DTV transition, and unveiled a new municipal Wi-Fi network, after a month of testing. OET permitted that TV Band has an 18-month experimental license.5 For the goal of "smart city", the network has used the white space made available by the end of analog TV transmission. Spectrum Bridge (a famous company devoted to working out WSD and solution to white space)6 has worked to make sure TV stations in the market do not receive interference (no interference issues have been reported), and the company hopes to do the same if similar service becomes nationwide. The "smart city" network will not compete with cell phone companies but will instead be used for "national purposes", including government and energy monitoring (i.e. Smart Grid). TV Band Network, made up of private investors, has put up cameras in parks, and along highways to show traffic. Other uses include water level and quality, turning off lights in ball parks, and public Wi-Fi in certain areas.7 This success has promptly encouraged those have eyed unlicensed band/devices for wireless broadband internet access, especially the White Spaces Coalition8. The White Spaces Coalition consists of eight large technology companies that originally planned to deliver high speed broadband internet access beginning in June 2009 to United States consumers via existing white space in unused television frequencies between 54-698 MHz (TV Channels 2-51). The coalition expects speeds of 80 Mbps and above, and 400 to 800 Mbps for white space short-range networking9. Therefore, the Coalition hasn’t only pushed FCC to free up the band, namely unlicensed-band approach, but also eagerly innovated the WSD and advanced IT technology (i.e. Geo-Location, CR, DSA, OFDMA and IEEE 802.2210 …etc. ) to promote the awareness of white space. 5. How to use the key to unlock the door ? First of all, Geo-Location technology is the threshold to use the white space. Geo-Location is the identification of the real-world geographic location of Internet-connected computers, mobile devices, website visitors or others. In avoidance of band-interference and public safety communication, users mustn’t interfere with the prior ones, or s/he couldn’t access the band via WSD. Thus, Geo-Location can assist WSD users, just like a beacon, to avoid the occupied band and keep them away from nearby transmissions. Second, a spectrum database that contains Geo-Location information about devices using the free channels in the radio spectrum and some strong database managers are needed. Frankly speaking, the original idea was that WSD would detect existing users and switch frequencies to avoid them, but that's technically dubious and hasn't been demonstrated to FCC's satisfaction. So the proposed solution requires devices to locate themselves then connect to a database which will allocate a frequency along with a timeout, after which the device will have to repeat its request. For example, the followings are the necessary information in the TV database. • Transmitter coordinates (latitude and longitude), • Effective radiated power (ERP), • Height above average terrain of the transmitter (HAAT), • Horizontal transmit antenna pattern (if the antenna is directional), • channel number, • Station call sign. In a word, in order to protect existing broadcasters, FCC mandated the creation of a Geo-Location database that details what spectrum is in use and where. Furthermore, the idea is that unlicensed broadband devices will tap this database before sending or receiving data, using the info in tandem with spectrum sensing technologies to avoid interference. Accordingly, White Spaces Database (WSDB) was introduced, a DB which would permit public access to register and discover devices and the frequencies used based on their location11. This database would be used in conjunction with local device discovery to avoid contention between devices. FCC has worried about that no one has ever run a radio system like this, so no one can really claim experience in the area (though most of the proposals try). The FCC commissioner Robert McDowell has raised an eyebrow at Google's request to serve as an administrator of a national database detailing the use of white-space spectrum. Google proposes the operation of a WSDB for at least five years, promising to "transfer to a successor entity the Database, the IP addresses and URLs used to access the Database, and the list of registered Fixed WSD" in case they cannot live up to it. Google does not plan to "implement per-query fees"12 , but they are considering a per-device fee. No decision has been made yet, but the FCC allows a WSDB administrator to charge such fees.13 Finally but innovating initially, it’s the Cognitive Radio system (CR). There are various definitions of CR. Herewith the paragraph 10 of the FCC 03-322 NPRM, the definition of Cognitive Radio could be specified as a radio that can change its transmitter parameters based on interaction with the environment in which it operates. The following figure shows how the Cognitive Radio System does work. Figure 1.Cognitive Radio System Let’s explain it more clearly and vividly. Imagine a radio which autonomously detects and exploits empty spectrum to increase your file transfer rate. Suppose this same radio could remember the locations where your calls tend to drop and arrange for your call to be serviced by a different carrier for those locations. These are some of the ideas motivating the development of cognitive radio. In effect, a cognitive radio is a software radio whose control processes leverage situational knowledge and intelligent processing to work towards achieving some goal related to the needs of the user, application, and network. Although cognitive radio was initially thought of as a software-defined radio extension (Full Cognitive Radio), most of the research work is currently focusing on Spectrum Sensing Cognitive Radio. In other words, the focus on CR has been switched into "DSA" (Dynamic Spectrum Access) nowadays.14 Therefore, some fellows replace Cognitive Radio with "Cognitive Systems" for accurate description.15 The following is the figure to show the function of DSA to detect "spectrum hole" that could be used as TV white space.16 Figure 2.The sensing of the spectrum hole "Digital dividend", one kind of interleaved/white space, has been viewed as precious band in Unite Kingdom, too. In U.K., its regulatory body, Ofcom, has also published a discussion document to explore the possibility of using these "dividend" to wirelessly link up different devices and offer enhanced broadband access in rural areas. Ofcom has predicted that could enable the use of the spectrum in this way would take at least three years to develop. Possible applications include mobile broadband, the transmission of home media such as photos from cameras to a computer wirelessly and the ability to control appliances in the home. Moreover, Ofcom firmly contended that if there was evidence that interference could be avoided, it would allow the use of interleaved spectrum without the need for individual licenses, the same as the FCC’s policy. However, local TV coalition United for Local Television (ULTV)17 has strongly criticized the Ofcom’s current proposal to appoint a band manager to "control" interleaved spectrum (and make it available to applications such as wireless microphones for special events) and to ensure that the spectrum is made available to local TV groups on fair, reasonable and non-discriminatory terms. According to current proposals, Ofcom’s "band manager" would be required to allocate spectrum to special event organizers on fair and non-discriminatory terms but not to local TV groups. ULTV has protested this unfair condition. In contrast, FCC has clearly issued the "2nd report" to mandate the bidder of upper 700 MHz D block should apply to fair and non-discriminatory terms. 6. Technological challenges for accessing white space In November 2008 the FCC issued an R&O on the unlicensed use of TV white space.18 The FCC regulated some vital requirements to rule the usage of TVWS in this document. These requirements impose technical challenges for the design of devices operating in TV white space spectrum, which brings new tough task for the innovation and production of WSD.19 These new rules provide an opportunity but they also introduce a number of technical challenges. The challenges require development of cognitive radio technologies like spectrum sensing as well as new wireless PHY and MAC layer designs. For example, the development of spectrum sensing techniques involves RF (Radio Frequency) design, robust signal processing, pattern recognition and networking protocols… etc. The choice of RF architecture is no longer merely a hardware issue, but will directly affect the upper layer performance. Furthermore, these challenges include spectrum sensing of both TV signals and wireless microphone ones, frequency agile operation, geo-location, stringent spectral mask requirements, and of course the ability to provide reliable service in unlicensed and dynamically changing spectrum.20 In addition, the FCC has strict out-of-band emission (OOBE) requirements to prevent interference with licensed transmissions in other channels. A detailed description of these out-of-band emission requirements and their impact on the transmission spectral mask for WSD is provided in Section VII of the R&O. Unfortunately, there are still other hurdles to be overcome. While the frequencies used by television stations do have a long reach and easily penetrate walls, it is important to remember that these signals are one-way communications, often broadcast from giant antennas at megawatts of power. For gadgets and computers, a much lower transmission power would be used, greatly decreasing the range of the White Space devices. So are we talking the Wi-Fi-like ranges here or 3G-like ranges? The National Association of Broadcasters has also questioned the ability of WSD to operate without interfering with television broadcasts. In addition, wireless microphones could be affected, although Google has proposed a "beacon" that could be utilized alongside existing wireless microphone equipment that would alert WSD not to operate on the same channel. Last but not least, how to ensure QoS of WSD users is implicit trouble. The Cognitive Radio system should provide that fast, robust, coordinated sensing and quite periods and to protect incumbents as well as provide QoS. It will be a dilemma faced by the regulatory bodies and ICT industry. Another real-world problem is that there are no WSD for consumers and even if someone comes out with a new product, it will likely be very expensive since it isn’t widely produced,21 although Spectrum Bridge has proven one example mentioned above. Nevertheless, some people still criticized what Spectrum Bridge has done probably could have used 5 GHz for the point-to-point backhaul connections. "The Smart City" is using Wi-Fi for the last mile rather than white spaces because there are no white space devices on the consumer end. Rick Rotondo, chief marketing officer for Spectrum Bridge argued Spectrum Bridge tried using Wi-Fi at 2.4GHz, 5GHz would never have made it; 2.4 didn’t make it. However, Spectrum Bridge did use Wi-Fi for the last hundred feet, not the last mile, but for the last hundred feet because there are Wi-Fi receivers built into laptops and smartphones and that’s who we wanted to be able to connect to this network. It sounds like a tautology. 7. What’s beyond the white space ? What kind of ICT could people apply to after getting the white/interleaved space? "Super Wi-Fi" is the first application connected with white space. As Larry Page, co-founder of Google, has described that white spaces are like "Wi-Fi on steroids" linked up wireless internet with much faster speeds, stronger signals and more affordable costs. Besides, there are other advanced ICT could function via white space, such as LTE, IPTV, MediaFLO, DVB-H, ISDB-T, MVNO, ITS (DSRC) and so on. 8. Vision: Legal challenges for accessing white space in Taiwan Although not mentioned above, FCC indeed allows the secondary-market of spectrum boosting in U.S. That’s an important reason, or motivation, to develop white space applications and regulations. In other words, the spectrum, not the license, could be auctioned, leased, retailed, weaved and so on. However, the regulatory mode of communication in Taiwan is "Vertical Regulatory Framework", which would be an obstacle to evolve the spectrum-usage in contrast to U.S and EU. Under the interpretation of Legal Positivism, Taiwan Budget Act Article 94 states, "Unless otherwise provided for by law, grant of quota, frequency, or other limited or fixed amount special licenses shall be conducted by open auction or public invitation to tender and the proceeds of which shall be turned in to the national treasury." Hereby, the administration could really fulfill the legal assignment via public invitation to tender or auction for the "license", not the band. Nevertheless, the administration does not apply auction process to issue the licenses, but approaches the frequency licenses with "Radio and Television Act" and "Administrative Regulations on Radio Waves" which is promulgated under the Telecommunications Act in accordance with the first paragraph of 48, Section 1 of said Act instead. Step closely, Radio and Television Act Article 4 firmly states, "The frequencies used by radio/television businesses are owned by the state and their allocation shall be planned by the MOTC in conjunction with the regulatory agency. The frequencies mentioned in the preceding paragraph may not be leased, loaned, or transferred. (emphasis added)". This article has resulted in inflexible use of spectrum, and dragged the collective use of spectrum, too. Undoubtedly, only we have to do is to amend the article for accessing white space in accordance with Legal Positivism. Second, according to Administrative Regulations on Radio Waves, the National Communications Commission shall be responsible for the overall coordination and regulation of radio waves including radio frequencies, power, emission method and radio station identification call sign etc., which shall not be used or altered without approval. Thus, under the justice of legal system, NCC should revise the spectrum policy/regulations in harmony with Administrative Regulations on Radio Waves. For example, the Article 6 and 10 separately regulates, "The radio equipment shall adopt the latest technical advances to limit the number of frequencies and the frequency bandwidth used to the minimum essential for the necessary services. The frequency assigned to a station of a given service shall be separated from the limits of the band allocated to this service in such a way that, taking account of the frequency band assigned to a station, no harmful interference is caused to services to which frequency bands immediately adjoining are allocated." Therefore, WSD indeed, even necessarily, should be applied to band management and revolution of ICT industry. Moreover, Central Regulation Standard Act Article 5 (embodied the principle of constitutional requirement of a specific enactment) also requires, "The following objects shall be stipulated by a statute: 1. It is required to stipulate by a statute as the Constitution or a statue expressly stipulated. 2. Stipulation concerns the rights or obligations of the people. 3. Stipulation concerns the organization of a government agency at national level. 4. Other objects with substantial importance shall be stipulated by a statute." The Legislative Yuan must consider to promote the status of Administrative Regulations on Radio Waves to Statue, which conforms to Constitutional requirement. To sum up, Taiwan administration should take white space seriously, or ICT in Taiwan will be doomed as if getting lost in "space". 9. ad hoc Conclusion :Do not lock the door of white space "Open access" is the most important canon in the usage of white space. In this meaning, there are two dimensions for open access. One is unlicensed band-usage, the other is unlicensed WSD which is also unlicensed and interlocks into different operators’ networks. The later is a big task in America. FCC’s decision was contested by the TV broadcasters who fear using the freed channels would interfered with TV signals and live singers who are using the same wave spaces.22 Larry Page also argued that unlicensed white spaces offer a way for the U.S. to catch up with the rest of the world in broadband access. Today, 10% of Americans still don't have access to DSL or cable broadband, according to consultancy Parks Associates. Fortunately, the first steps towards white space communications have already been taken and FCC has approved unlicensed use of the spectrum, but FCC requires a database of all known licensed users to be deployed in order to prevent from interfering with the existing broadcasts and devices already using the space, such as licensed TV broadcasts and some wireless microphones The second dimension is unlicensed WSD to compatible different network architecture. At first, the unlicensed devices must fit the criterion which could guarantee that they will not interfere with assigned broadcasts can use the empty white spaces in frequency spectrum. In order not to harm nearby transmission, the best way is to set a standard for WSD in one network built by certain operator. For example, if WSD users want to connect to Verizon Wireless’ network, s/he has to buy/use Verizon Wireless’ WSD. However, out of Verizon Wireless’ network, WSD users have to purchase/use another WSD. It will be inconvenient and raise the cost, but quench people’s desire to use WSD. As a result, FCC issued the R&O to prevent devices-locked, so-called "discriminatory QoS", from deploying the white space proposal. Accordingly, the mandatory rule indeed slows down the innovation of WSD. Obviously, unlicensed use of the vacant TV channels is an economic and social revival waiting to happen in rural areas. In addition, white/interleaved space will manage to fit the core principle of modern spectrum-development, "collective and effective use". There are so many merits to share the "dividend", but at this time, we are still far away the real "white space". The situation in Taiwan is much worse unfortunately. 1.See FCC official document,http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293891A1.pdf (last visited 03/05/2010) 2.OFDMA is a multi-user version of the popular Orthogonal frequency-division multiplexing (OFDM) digital modulation scheme. Multiple access is achieved in OFDMA by assigning subsets of subcarriers to individual users. This allows simultaneous low data rate transmission from several users. 3.See Final Acts of the Regional Radio-communication Conference for planning of the digital terrestrial broadcasting service in parts of Regions 1 and 3, in the frequency bands 174-230 MHz and 470-862 MHz (RRC-06). 4.In the United States, the abandoned television frequencies are primarily in the upper UHF "700-megahertz" band, covering TV channels 52 to 69 (698 to 806 MHz). 5.See http://spectrumbridge.com/web/images/pdfs/smart_city-spectrumbridge.pdf visited on 2010/2/27. 6.http://spectrumbridge.com/web/ 7.See http://showmywhitespace.com/portals/1/Spectrum%20Bridge%20Launches%20White%20Spaces%20Network%20In%20Wilmington-New%20Hanover%20County.pdf visited on 2010/2/27. 8.The group includes Microsoft, Google, Dell, HP, Intel, Philips, Earthlink, and Samsung Electro-Mechanics. 10.The standardization is another crucial issue but will not be discussed in detail hereunder. 11.In February 2009, Google joined Comsearch, Dell, HP, Microsoft, Motorola, and Neustar to form the White Spaces Database Working Group (WSDG), an effort to build such a database.. 12.Actually, the database host will know where users are and the kit they're using, both of which are commercially valuable pieces of information. Google thinks that data will pay for the database, and Google is very good at extracting value from information; but even if it can't turn white space into gold, it will have five years to drive the competition out of business. 13.See generally Google’s proposal to FCC, http://www.scribd.com/doc/24784912/01-04-10-Google-White-Spaces-Database-Proposal visited on 2010/2/28. 14.Specifying clearly, the main mechanism of CR is including, but not limited to DSA. 15.Evolution of Cognitive Radio toward Cognitive Networks is under process, in which Cognitive Wireless Mesh Network (i.e. Cog-Mesh) is considered as one of the enabling candidates aiming at realizing this paradigm change. 16.Test conducted in the rural sector west of Ottawa, Canada. See C. R. Stevenson, G. Chouinard, W. Caldwell,Tutorial on the P802.22.2 PAR for :"Recommended Practice for the Installation and Deployment of IEEE 802.22 Systems," IEEE802, San Diego, CA, 7/17/06 http://grouper.ieee.org/groups/802/802_tutorials/july06/Rec-Practice_802.22_Tutorial.ppt. 17.United for Local Television ("ULTV") is a coalition of groups and campaigners who together lobby the government to recognize local TV as a public service. ULTV argues that all citizens should have access to local TV, no matter where they live, without having to subscribe to pay-TV or broadband. ULTV proposes that the government reserve capacity for local TV services on the most popular television platform in the UK today – digital terrestrial television (commonly known as "Freeview"). ULTV anticipates that local TV channels will provide local news and sport, together with a range of other local and networked programming. ULTV envisages local TV services would also provide local advertising, for the first time offering a cost-effective option for many local businesses seeking to advertise on terrestrial TV in their target market. 18.See Second Report and Order and Memorandum Opinion and Order In the Matter of Unlicensed Operation in the TV Broadcast Bands, Additional Spectrum for Unlicensed Devices Below 900 MHz and in the 3 GHz Band, Federal Communication Commission, Document 08-260, Nov. 14, 2008. 19.In detail, the FCC distinguished fixed WSD from portable one. There are different restrictions and requirements between them. 20.See http://ita.ucsd.edu/workshop/09/files/paper/paper_1500.pdf visited on 2010/2/20. 21.See http://www.digitalmediabuzz.com/2010/03/broadband-debate-white-space/ visited on 2010/3/17. 22.See http://lasarletter.net/docs/nabpet4review.pdf visited on 2010/2/25.
The amendment of the Taiwanese Personal Data Protection ActThe amendment of the Taiwanese Personal Data Protection Act 2025/05/28 On March 27, 2025, the Executive Yuan released and submitted a draft partial amendment of the Personal Data Protection Act to the Legislative Yuan. The amendment aims to comprehensively enhance personal data protection by constructing the foundation for an independent supervisory agency[1]. Taiwan’s Personal Data Protection Act- legislative progress Taiwan’s Personal Data Protection Act (PDPA) has been amended three times since its release in 1995. In May 2023, the latest amendment to the PDPA introduced Article 1-1, designating the Personal Information Protection Committee as the competent authority under the Act. This legislative development was made in light of the Taiwan Constitutional Court Judgment 111-Hsien-Pan-13 (2022) (Case on the National Health Insurance Research Database)[2], which held that, to ensure the protection of personal information and the constitutional right to privacy under Article 22, the establishment of an independent data protection mechanism is required. In accordance with Taiwan Constitutional Court Judgment 111-Hsien-Pan-13 (2022), the Personal Data Protection Commission (PDPC) must be established by August 2025. To facilitate this, the Preparatory Office of the Personal Data Protection Commission was established in December 2023. This office is mainly responsible for drafting and establishing the regulations and organizational framework required to establish the independent authority, including drafting the Organization Act of the PDPC and the amendments to the PDPA. To develop the regulatory framework for an independent authority, the Preparatory Office of the Personal Data Protection Commission has planned a two-stage amendment process. The first phase seeks to establish the legal foundation of the PDPC, while the second phase will address other substantive issues of personal data protection. For the first stage, the Preparatory Office of the Personal Data Protection Commission drafted the Organization Act of the Personal Information Protection Committee in accordance with Article 1-1 of the PDPA and revised partial provisions of PDPA to reflect the function and duties of the PDPC. The Draft of Partial Amendment to the Personal Data Protection Act The key points of the amendment of PDPA are to empower the commission with essential regulatory functions, to strengthen the regulatory oversight and management of personal data within public sectors, and to set up a transition period to transfer regulatory authority over the private sectors[3]. 1. Empower the commission with essential regulatory functions Due to the lack of a unified agency for receiving incident reports and the efficiency issues caused by the current decentralized legal enforcement, the amendment of PDPA designates the PDPC as the competent authority to receive the incident reports. Centralizing incident reporting under the PDPC facilitates a clearer understanding of the nature and status of related incidents. It also helps regulatory authorities to investigate and handle problems quickly. The rules for reporting data breach incidents are set out in Article 12 of the amended PDPA. According to Article 12 of the amended PDPA, both public sector and private sector entities are required to take appropriate actions and retain the records when a data breach occurs. In addition, public sector entities must report the incident to the PDPC and other relevant government agencies, while private sector entities are required to notify the incident to the PDPC, which will then inform its competent authority[4]. In terms of personal data security maintenance, the amended PDPA states that the competent authority is responsible for formulating regulations concerning security maintenance, governance mechanisms, protective measures, and other relevant matters[5]. Accordingly, PDPC, as the competent authority, will draft the Regulations Governing Security Maintenance and Administration to provide the legal basis for the conducting audits, inspections, and administrative sanctions[6]. 2. Strengthen the regulatory oversight and management of personal data within the public sector The amendment of PDPA designates the PDPC as the independent authority responsible for overseeing the overall personal data protection affairs, including supervision of public sectors. The PDPC is empowered to supervise the public sector entities regarding their compliance with personal data protection regulations. Therefore, the role of the Data Protection Officer (DPO) is introduced in Taiwan for the first time. Article 18 of the amended PDPA states that every public sector entity must appoint a DPO to promote and oversee matters related to personal data protection. This approach reinforces personal data protection from both internal and external perspectives[7]. In considering restructuring and resource allocation associated with introducing this new role, the DPO requirement in PDPA currently applies to the public sector entities. However, both the public and private sectors are required to designate specialists to be responsible for managing personal data protection and security affairs[8]. 3. Set up a transition period to transfer regulatory authority over the private sectors Under the current regulation framework, the supervision of personal data protection in the private sector is decentralized and supervised by different competent authorities. To address this gap, the amendment of PDPA clarifies that the PDPC will serve as the supervisory authority for these entities in the future. In terms of the private sector entities already under the supervision of specific competent authorities, supervisory arrangements will initially remain unchanged. However, to achieve regulatory consistency, the amendment introduced a six-year transitional period during which supervisory responsibility will be transferred to the PDPC. During this transition, the PDPC will collaborate with relevant agencies every 2 years to assess the implementation of the new framework of PDPC and the situation of supervision across the private sector[9]. The draft Organization Act of the Personal Data Protection Committee has also been released To complete the legal basis of PDPC, the draft Organization Act of the Personal Data Protection Committee (hereinafter referred to as the draft of the Organization Act) is released with the PDPA amendment. The draft of the Organization Act aims to formalize the PDPC as the independent central supervisory body. Additionally, it also clarifies the division of responsibilities among agencies on personal data-related matters. Once enacted, the PDPC will serve as Taiwan’s independent authority. According to the draft of the Organization Act, the PDPC is designed as a collegial system with 5-7 committee members, serving a term of 4 years, and members may be reappointed upon completion of their term[10]. As a central third-level agency, the committee members will exercise their powers independently. The draft of the Organization Act states that the PDPC is responsible for making the legislation and policies of personal data protection, the oversight of personal data protection, promoting and researching personal data-related technology, protecting cross-border transfer of personal data and the talent acquisition of personal data protection[11]. The draft of the Organization Act establishes the legal foundation for the PDPC, outlining its organization structure and core responsibilities. Additionally, it grants the PDPC the authority to supervise and enforce compliance with personal data protection regulations. Benefits of the legal reform of the Personal Data Protection Act and the next step The draft partial amendment to the Personal Data Protection Act, along with the draft Organization Act of the Personal Information Protection Committee, have been submitted to the Legislative Yuan for legislative review. This marks the first time that Taiwan has established an independent authority responsible for personal data protection. The PDPA amendment not only formalizes the legal status and authority of the Commission but also enhances the legitimacy and credibility of personal data collection and use. However, amendments to other substantial aspects of data protection will be introduced in the next phase. The Preparatory Office of the Personal Data Protection Commission has already initiated work on the second phase, which will focus on substantial personal data protection issues in the context of the digital era. Reference: [1]The Executive Yuan approved the draft Organizational Act of the Personal Data Protection Commission and the draft of partial amendments to the Personal Data Protection Act, aiming to establish a comprehensive independent supervisory mechanism and enforcement authority, and to build robust data governance for the era of comprehensive AI application., Executive Yuan, https://www.ey.gov.tw/Page/9277F759E41CCD91/747cda78-926f-4205-99b3-1a735fc1b97b (last visited May. 19, 2025). [2]Constitutional Court Judgment 111-Hsien-Pan-13 (2022) (Case on the National Health Insurance Research Database). [3]Establish an independent supervisory authority for personal data protection to strengthen personal data safeguards. The Executive Yuan approved the draft Organization Act of the Personal Data Protection Commission and the draft partial amendments to the Personal Data Protection Act., Preparatory Office of the Personal Data Protection Commission website, https://www.pdpc.gov.tw/News_Content/20/907/ (last visited May. 19, 2025). [4]Partial Amendment Draft to the Personal Data Protection Act, the 8th meeting of the 3rd session of the 11th Legislative Yuan, General Bill No.20, Executive Yuan Proposal No.11010550, Art. 12. [5]Id. Art 18, Art 20-1. [6]Supra note 3. [7]Id. Art.18. [8]Id. Art. 20-1. [9]Id. Art.51-1. [10]Draft of the Organization Act of the Personal Information Protection Committee, the 8th meeting of the 3rd session of the 11th Legislative Yuan, General Bill No.20, Executive Yuan Proposal No. 1101052, Art. 3.Draft of the Organization Act of the Personal Information Protection Committee, the 8th meeting of the 3rd session of the 11th Legislative Yuan, General Bill No.20, Executive Yuan Proposal No. 1101052, Art. 3. [11]Id. at Art. 2.
Response to Personal Data Security Incidents: Obligations of Third-Party Payment Service Providers under the Amended Personal Data Protection ActResponse to Personal Data Security Incidents: Obligations of Third-Party Payment Service Providers under the Amended Personal Data Protection Act 2025/11/15 Third-party payment service providers (TPPs) play a central role in payment processing, identity verification, and transaction records; and consequently hold large volumes of important personal data. In recent years, frequent personal data security incidents related to domestic and international electronic payment services have led to increased vigilance from the competent authority regarding the personal data security maintenance of third-party payment services. At the same time, new amendments to the Personal Data Protection Act (PDPA) have strengthened personal data protection obligations. TPPs that fail to implement adequate protective measures may face legal liabilities and reputational risks. This article analyzes the new amendments to the PDPA. Drawing from the requirements of the Enforcement Rules of the Personal Data Protection Act (the Enforcement Rules) and the Regulations Regarding the Security Maintenance and Administration of Personal Information Files in Digital Economy Industry (數位經濟相關產業個人資料檔案安全維護管理辦法, Security Maintenance Regulations)[1], it outlines and explores the key considerations of TPPs’ major obligations in the event of a personal data security incident: reporting to the competent authority, notifying data subjects, implementing incident response measures, preventing personal data security incidents and cooperating with the competent authority’s inspections. I. Key PDPA Amendments Regarding Security Incidents Amendments to the PDPA recently passed the third reading by Taiwan’s Legislative Yuan[2] and were subsequently promulgated by the President on November 11, 2025[3]. These amendments vest regulatory authority in the Personal Data Protection Commission (個人資料保護委員會, PDPC) as the independent competent authority, strengthen personal data supervision and management in the public sector, and introduce several key changes to the data protection obligations of non-government agencies. Although the Executive Yuan has yet to designate an enforcement date for the new amendments[4], TPPs should prepare in advance. The following sections explain five key points from these amendments related to personal data security incidents. 1. Obligation to Report Personal Data Security Incidents and Notify Data Subjects Following the amendments, Article 12 of the PDPA clarifies the obligations to report and notify personal data security incidents. First, the timing for notifying data subjects has been adjusted from “after investigation and confirmation” to “immediately upon becoming aware of the incident.” Second, the amendments introduce a new statutory obligation to “report to the competent authority if a certain reporting threshold is met.” This reporting requirement previously existed only in the Enforcement Rules[5] and the Security Maintenance Regulations[6]. 2. Obligation to Implement Incident Response Measures and Retain Records In addition to promptly notifying data subjects and reporting to the competent authority, TPPs must take “immediate and effective incident response measures” to contain the incident and prevent further harm. Furthermore, TPPs are required to document the facts, impact, and incident response measures taken, and retain such records for inspection by the competent authority. 3. Obligation to Prevent Personal Data Security Incidents TPPs should establish comprehensive protective mechanisms to prevent personal data security incidents. Continuing the existing security maintenance obligations, the PDPA amendments relocate the provision of Article 27, Paragraph 1 of the old Act to Article 20-1, Paragraph 1, consolidating it as “matters required for security maintenance.” This revision reaffirms the TPPs' responsibility to maintain the security of personal data by adopting appropriate technical and organizational measures in accordance with relevant regulations. TPPs are also required to comply with the specific security maintenance matters prescribed in the Security Maintenance Regulations. They must implement internal security management and technical protection measures to effectively prevent the theft, alteration, destruction, loss, or leakage of the personal data they hold. 4. Obligation to Cooperate with Administrative Inspections To identify the cause of personal data security incidents and ensure the effective implementation of security maintenance measures, TPPs must cooperate with administrative inspections in addition to fulfilling their security maintenance obligations. Where the competent authority believes a TPP may have violated the PDPA, or deems it necessary to verify their compliance with the PDPA, TPPs must cooperate with the following inspection methods: (1) providing statements; (2) providing necessary documents, materials, items, or taking other cooperative measures; and (3) cooperating with on-site inspections, providing necessary explanations, cooperative measures, or relevant proof documents[7]. The competent authority may conduct ex officio on-site checks or document reviews, and TPPs must prepare supporting documentation and improvement plans to ensure incident response compliance and auditability. 5. Penalties and Transitional Period After the amendments take effect, if a TPP fails to notify data subjects, report to the competent authority, take incident response measures, preserve records; or, without justifiable reason, evades, obstructs, or refuses to cooperate with administrative inspections, the competent authority may, depending on the nature and severity of the violation, order rectification within a prescribed period or impose a fine up to NT$15 million[8]. Furthermore, these amendments establish a jurisdictional transition period. For certain supervisory and administrative matters concerning non-government agencies, that fall within the mandate of the PDPC, jurisdiction shall, for six years from the establishment of the PDPC and upon public notice by the Executive Yuan, remain with the respective central competent authorities[9]. Accordingly, during this transition period, the inspection of security maintenance matters and the enforcement of penalties for TPPs may still be conducted by the Ministry of Digital Development (MODA). TPPs must continue to comply with the Security Maintenance Regulations issued by the MODA. 6. Summary Integrating the amended PDPA, its Enforcement Rules, and the Security Maintenance Regulations, a TPP who becomes aware of a personal data security incident must notify data subjects, and the notification content must include the facts of the incident and the incident response measures taken. While the amended Article 12 emphasizes “immediacy” of notification upon awareness and requires incident response action to prevent further expansion, the full confirmation of incident response measures requires time in practice, which can create a timing conflict with the immediacy requirement. Therefore, until the PDPC stipulates the “content, method, timing, scope of reporting, incident response measures, record preservation, and other related matters”[10], and to balance legal compliance with data subject rights, it is recommended that TPPs adopt a “phased notification” approach: immediately notifying the data subject upon awareness to prompt protective measures (such as changing passwords or guarding against scams), and subsequently issuing a supplementary notification after the incident response measures have been implemented, detailing the countermeasures taken and the full scope of the incident. II. Four Key Steps for Responding to Personal Data Security Incidents In practice, when a personal data security incident occurs, TPPs must immediately activate their incident response procedures and implement relevant measures in accordance with the “Security and Maintenance Plan for the Protection of Personal Data Files and a Guideline On Disposing Personal Data Following Business Termination (個人資料檔案安全維護計畫及業務終止後個人資料處理方法, Security Maintenance Plan)” stipulated by their Security Maintenance Regulations. The aforementioned statutory obligations concerning notification, reporting, incident response, prevention, and cooperation with inspections may all be activated simultaneously upon the incident's occurrence. Following the enforcement of the PDPA amendments, TPPs bear simultaneous compliance obligations under the amended PDPA, its Enforcement Rules, and the Security Maintenance Regulations. The following four steps are therefore recommended: Step 1: Taking Immediate and Effective Incident Response Measures. TPPs must take immediate and effective incident response measures upon becoming aware of the incident to prevent further escalation. This is the first priority for responding to a data incident, aimed at damage control, and should be executed concurrently with the investigation of the incident cause and assessment of the scope of impact. Step 2: Obligation to Notify Data Subjects. Upon becoming aware of the incident, TPPs must promptly notify data subjects of the occurrence of the personal data security incident and the measures taken in response through appropriate means such as oral statement, written notice, telephone, text message, email, fax, electronic document, or any other means sufficient to ensure the data subject is informed or can reasonably become aware[11], and provide “a hotline or other appropriate channel for follow-up inquiries for data subjects to seek information”[12]. Furthermore, since some data subjects whose personal data is collected by TPPs are the end-consumers transacting with merchants, TPPs must ensure that, at the outset of their service processes, they clearly establish the legal basis and contact mechanisms that enable direct notification of data subjects (including consumers) in accordance with the privacy policy, service contract, or relevant notice documents, to ensure effective fulfillment of the notification obligation when an incident occurs. Step 3: Obligation to Report to the Competent Authority. This obligation is divided into two phases: before and after the amendments take effect. Before the amendments take effect, TPPs must comply with the current Security Maintenance Regulations and report to the Ministry of Digital Development (MODA). After the amendments take effect, TPPs will have the statutory obligation to report to the Personal Data Protection Commission (PDPC). Upon receiving a TPP’s report, the PDPC will in turn notify MODA. During the transition period, the reporting requirements stipulated in Article 8 of the existing Security Maintenance Regulations may continue to apply. Specifically, the reporting timeline is limited to ”completion within 72 hours of becoming aware of the incident,” and the incident must be judged based on the criterion of “endangers its normal operations or the rights and interests of a large number of data subjects.” These requirements remain the key substantive compliance standards at present. TPPs are advised to establish their internal reporting procedures in accordance with the regulations in force at the time of reporting and to closely monitor the effective date of the amendments and any further announcements issued by the PDPC. Step 4: Cooperating with Administrative Inspections and Retaining Records. TPPs must properly retain all relevant records from the incident response process for inspection by the competent authority. When cooperating with an administrative inspection, TPPs should not only prepare the root cause analysis report (documenting the relevant the facts, the impact, and the incident response measures taken) and supporting evidence for data subject notifications in a timely manner, but also be prepared to provide any additional documentation as required. If the competent authority requests a review of the implementation of the Security Maintenance Plan, TPPs are advised to provide the Plan along with documentation demonstrating the implementation of the required security maintenance measures. Doing so enables TPPs to substantiate their compliance efforts and incident response capabilities. III. Recommendations and Conclusion In summary, this article recommends that TPPs promptly review and refine their Security Maintenance Plan to ensure that their systems, procedures, and operational practices comply with applicable legal requirements. Concurrently, TPPs should establish clear incident reporting and incident response procedures, incorporating into their internal processes the immediate notification of data subjects, reporting to the competent authority, taking incident response measures, and preparing documentation for inspection. Given the enforcement trends following the amended provisions, only by implementing robust preventive measures and effective post-incident response capabilities can TPPs maintain regulatory compliance and preserve market trust amid the increasing frequency of personal data security incidents. [1]數位經濟相關產業個人資料檔案安全維護管理辦法,https://law.moda.gov.tw/LawContent.aspx?id=GL000090 (最後瀏覽日期︰2025/11/12)。 [2]〈立法院三讀通過「個人資料保護法」部分條文修正草案〉,個人資料保護委員會,https://www.pdpc.gov.tw/News_Content/20/1001/ (最後瀏覽日期︰2025/11/12)。 [3]總統令 華總一經字第11400114521號,中華民國總統府,https://www.president.gov.tw/Page/78 (最後瀏覽日期︰2025/11/12)。 [4]<個人資料保護法部分條文修正案,業於今(114年11月11日)日經總統公布,本次修正條文施行日期將另由行政院定之>,個人資料保護委員會,https://www.pdpc.gov.tw/News_Content/20/1010/ (最後瀏覽日期︰2025/11/12)。 [5]個人資料保護法施行細則第12條第2項第4款規定。 [6]數位經濟相關產業個人資料檔案安全維護管理辦法第8條第2項規定。 [7]個人資料保護法第22條第1項規定。 [8]個人資料保護法第47條至第50條規定。 [9]個人資料保護法第51-1條規定。 [10]個人資料保護法第12條第4項規定。 [11]個人資料保護法施行細則第22條規定。 [12]數位經濟相關產業個人資料檔案安全維護管理辦法第8條第1項第2款規定。
Introduction to Critical Infrastructure ProtectionThe security facet of cyberspace along with a world filled with CPU-controlled household and everyday items can be examined from various angles. The concept of security also varies in accordance with different stages of national conditions and industrial development in different nations. As far as our nation is concerned, the definition of security industry is "an industry offering protection for human bodies, important infrastructure, information, financial system, as well as offering equipment to defend the security of national lands and the service"1 as initially defined by "Security Industry Program Office." Judging from the illustration of the definition, the security industry should be inter-disciplinary and integrative, which covers almost all walks of life and fields, such as high-tech industrial security management, traffic & transportation security management, fire control and prevention against natural calamities, disaster relief, information security management, security management in defense of national borders, and prevention of epidemics. After the staged mission, "e-Taiwan program", was accomplished in 2007, our government hoped to construct a good surrounding by creating a comfortable life from a user’s point-of-view. This was hoped to be achieved by using "the development of a high-quality internet society" as a main source by using innovative services, internet convergence, perceptive environment, security, trust, and human machine linkage. At the Economic Development Vision for 2015: First-Stage Three-Year Sprint Program (2007~2009) formulated by the Executive Yuan, wireless broadband, CPU computer-controlled items all have become part of our every day lives, and healthcare, along with the green industry are listed as the next emerging industries; whereby the development of relevant critical technologies is hoped to be promoted to create higher industrial values and commercial opportunities. However, from a digitally-controlled-life viewpoint, the issue concerned by all walks of life is no longer confined to the convenience and security of personal life but gradually turns to protection of security of a critical infrastructure (CI) run by using information technology. For instance, finance management, stock market, communication network, harbors and airports, high speed rail, R&D of important technology, science parks, water purification facilities, water supply facilities, power, and energy facilities. 2Because security involves resources related with people's most fundamental living needs and is the most elementary economic activity of the society, it is regarded as an important core objective to promote the modern social security system. Therefore, critical infrastructure protection requires more dependence on information and communication technology to maintain the stability of finance and communication, as well as the security of facilities related with supply and economy of all sorts of livelihoods in order to ensure regular operation. With the influence of information and communication technology on the application of critical infrastructure on the increase, the society has increasingly deepened its dependence on the security of our cyber world. The concept and connotation of information security also keep extending with it toward the aforementioned critical infrastructure protection planning, making critical information infrastructure protection (CIIP) and critical infrastructure protection (CIP) more inseparable in concept3 , and becomes an important goal of policy implementation to achieve the vision of a digital lifestyle which is secure for every nation. In recent years, considerable resources have been invested to complete an environment whereby a legal system of “smart lifestyle” is developed. However, what has been done for infrastructure protection continues to appear as not being comprehensive enough. This includes vague definitions, scattered regulations and policies, different protection measures taken by different authorities in charge, obvious differences in relevant risk management measures and in the magnitude of management planning of information security and so on. These problems all influence the formation of national policies and are the obstacles to the promotion of relevant industrial development. In view of this, the 2008/2009 International CIIP Handbook will be used as the cornerstone of research in this project. After the discussion on how critical infrastructure protection is done in America, Germany and Japan, the contents of norms of regulations and policies regarding critical infrastructure protection in our nation will be explored to make an in-depth analysis on the advantages and disadvantages of relevant norms. It is hoped to find out what is missing or omitted in the regulations and policies of our nation and to make relevant amendments. Suggestions will also be proposed so that the construction of a safe environment whereby the digital age of our nation can be expanded to assist the “smart lifestyle” to be developed further. 1.See http://tsii.org.tw/modules/tinyd0/index.php?id=14 (last visited May 24, 2009) 2.For "2008 International Conference on Homeland Security and Application of Technology in Taiwan ~ Critical Infrastructure Protection~", please visit http://www.tier.org.tw/cooperation/20081210.asp (last visit date: 05/17/2009). 3.For critical infrastructure protection, every nation has not only proceeded planning for physical facilities but put even more emphasis on protection jobs of critical information & communication infrastructure maintained via the information & communication technology. In the usage of relevant technical terms, the term "critical infrastructure" has also gradually been used to include the term "critical information & communication infrastructure". Elgin M. Brunner, Manuel Suter, Andreas Wenger, Victor Mauer, Myriam Dunn Cavelty, International CIIP Handbook 2008/2009, Center for Security Studies, ETH Zurich, 2008. 09, p. 37.