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The Organization Framework, the Notification System and the Legal Norms of Critical Infrastructure Protection in the U.S.

1. Organization Framework

In the organization framework of critical infrastructure protection, there are mainly the public departments and the PPP organizations. The functions and task description of relevant organizations are as follows.

(1) Department of Homeland Security

After the September 11 attacks in America, the Homeland Security Act was passed in November 2002, and based on this act, 23 federal organizations, plans and offices were integrated to establish the Department of Homeland Security (DHS) to take responsibility for homeland security in America. The tasks include: (1) to analyze intelligence data collected from various departments such as the Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI) so that any threats to security can be discovered in time, (2) to protect and defend critical infrastructure, (3) to coordinate and lead America to prevent and respond to the attacks from nuclear weapons, biochemical weapons and other and (4) to coordinate the tasks of the federal government, including emergency and rescue. For the task regarding critical infrastructure and critical information infrastructure protection, the main units in charge are the Office of Infrastructure Protection (OIP) and the Office of Cybersecurity and Communications (CS&C) subordinate to National Protection and Programs Directorate (NPPD), Department of Homeland Security (DHS), to reduce the risk in both physical and cyber security to maintain national security1

(2) Congress

Relevant units and committees are established both in the Senate and the House of Representatives to be responsible for protection and making policies pertinent to important critical infrastructure and critical information infrastructure.

(3) Computer Crime and Intellectual Property Section

In 1991, the Department of Justice (DOS) established the Computer Crime and Intellectual Property Section (CCIPS), a section of the Criminal Division, to be responsible for all crime combating computer and intellectual property. Computer crime is referred to cases which include electronic penetrations, data thefts, and cyber attacks to the important critical infrastructure. CCIPS also prevents, investigates, and prosecutes computer crimes by working with other government agencies, the private sector, academic institutions, and foreign counterparts.

(4) Other Relevant PPP Organizations

2The Information Sharing and Analysis Center (ISAC) is responsible for the information security message sharing among the industries of each critical infrastructure to ensure the liaison and cooperation among industries. Finally, for the issue on critical information infrastructure, especially cyber crimes, both the National Cyber Security Alliance (NCSA) and the Cross Sector Cyber Security Working Group (CSCSWG) are designated to serve as crucial roles in governmental and non-governmental internet security prevention to be responsible for techniques and education.

2. Notification System

(1)Computer Emergency Response Team Coordination Center

The Computer Emergency Response Team Coordination Center (CERT/CC) run by Carnegie Mellon University is the oldest and most important early-warning organization for information security in the USA.  With its experts studying internet vulnerabilities and risk assessment released regularly, it reminds people of the possible dangers which exist in the information age and the need to improve internet security.

(2)US Computer Emergency Readiness Team

The US Computer Emergency Readiness Team (US-CERT) was established in 2003. It is responsible for protecting the infrastructure of the internet in America and for coordinating and providing response support and defense against national cyber attacks. It interacts with federal agencies, industry, the research community, state government, and others to disseminate reasoned and actionable cyber security information to the public.

(3)Federal Bureau of Investigation

The Federal Bureau of Investigation (FBI), the first early warning center of critical infrastructure at the national level, is responsible for providing the information pertinent to legal execution presently and also taking responsibility for the investigation of cyber crime.

(4)Information Sharing and Analysis Centers

Currently, industry in America, including finance, telecommunications, energy, traffic, water resources, together established individual Information Sharing and Analysis Centers (ISACs) based on the policy made in PDD-63. The ISAC of the financial system established in October 1999 being the first established center. These ISACs further work together to form an ISAC Council to integrate the information from each of them and improve their interaction and information sharing.

3. Legal Norms

In reference to the laws and regulations of critical infrastructure protection, America has aimed at critical infrastructure protection and computer crime to formulate the following regulations.

(1) Federal Advisory Committee Act of 1972

According to the Federal Advisory Committee Act (FACA), the advisory committee can be established in every federal agency to provide the public, along with received open advice, with relevant objectives, and to prevent the public from being inappropriately influenced by the policies made by the government. However, to keep the private institutions which run the critical infrastructures from worrying the inappropriate leak of the sensitive information provided and consulted by them, Critical Infrastructure Partnership Advisory Council was established so that the Secretary of Homeland Security has the right to disregard the regulations of FACA and establish an independent advisory committee.

(2) Computer Fraud and Abuse Act of 19863

The Computer Fraud and Abuse Act (CFAA) was enacted and implemented in 1986. It mainly regulates computer fraud and abuse. The Act states that it is against the law for anyone to access a protected computer without authorization. However, it also recognizes the fact that accessing a computer system of electronic and magnetic records does not mean a violation of the law. According to the CFAA, what is needed is one of the following requirements to be the wrongful conduct regulated in the Act: (1) whoever intentionally accesses a computer to obtain specific information inside the government or whoever has influenced the transmission function of the computer system; (2) whoever intentionally accesses a computer to obtain a protected database (including the information contained in a financial record of a financial institution or of a card issuer, or the information contained in a file of a consumer reporting agency on a consumer, or the information from any department of agency of the United States, or the conduct involving an interstate transaction); (3) whoever intentionally accesses any nonpublic computer of a department or agency of the United States, and causes damage. In addition, the Act also prohibits conduct such as transmitting malicious software, and defrauding traffic in any password or similar information. For any person who suffers damage or loss by reason of a violation of the law, he/she may maintain a civil action to obtain compensatory damages and injunctive relief or other equitable relief. However, the Computer Abuse Amendment Act (1994) expands the above Act, planning to include the conduct of transmitting viruses and malicious program into the norms whose regulatory measures were adopted by the USA Patriot Act enacted in October 20014

(3) Homeland Security Act of 20025

The Homeland Security Act provides the legal basis for the establishment of the Department of Homeland Security and integrates relevant federal agencies into it. The Act also puts information analysis and measures of critical infrastructure protection into the norm. And, the norm in which private institutions are encouraged to voluntarily share with DHS the information security message of important critical infrastructure is regulated in the Critical Infrastructure Information Act: Procedures for Handling Critical Infrastructure Information. According to the Act, the DHS should have the obligation to keep the information provided by private institutions confidential, and this information is exempted from disclosure by the Freedom of Information Act.

(4) Freedom of Information Act

Many critical infrastructures in America are regulated by governmental laws, yet they are run by private institutions. Therefore, they should obey the law and provide the government with the operation report and the sensitive information related with critical infrastructure. However, knowing that people can file a request at will to review relevant data from the government agencies based on the Freedom of Information Act (FOIA), then the security of national critical infrastructure may be exposed to the danger of being attacked. Therefore, the critical infrastructure, especially the information regarding the safety system, early warning, and interdependent units, are all exempted by the Freedom of Information Act.

(5) Terrorism Risk Insurance Act of 20026

After the 911 Incident, Congress in America passed the Terrorism Risk Insurance Act to establish the mechanism to underwrite terrorism risk insurance, in which insurance companies are required to provide terrorism attack risk insurance and the federal government will also cover part of loss for severe attacks.

1.http://www.dhs.gov/xabout/structure/editorial_0794. shtm (last accessed at 21. 07. 2009).

2.http://www.thei3p.org/ (last accessed at 21. 07. 2009).

3.http://www.panix.com/~eck/computer-fraud-act. html (last accessed at 21. 07. 2009).

4.Mark G.  Milone, Hacktivism：Securing the National Infrastructure, 58 Bus. Law, 389-390, 2002.

5.http://www.dhs.gov/xlibrary/assets/hr_5005_enr.pdf (last accessed at 21. 07. 2009).

6.http://www.ustreas.gov/offices/domestic-finance/financial-institution/terrorism-insurance/pdf/hr3210.pdf (last accessed at 21. 07. 2009).

※The Organization Framework, the Notification System and the Legal Norms of Critical Infrastructure Protection in the U.S.,STLI, https://stli.iii.org.tw/en/article-detail.aspx?no=55&tp=2&i=169&d=6124 (Date:2025/04/24)
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Challenges and Opportunities from Digital Convergence

Preface With the blooming of IT technologies, the term of “digital convergence” represents the whole atmosphere at this moment. “Digital convergence”—means that after telecommunication and broadcasting systems are following the IP based framework, contents and services, those were easy to define, turn to be confused. Relying on the uniform platform, operators are able to provide services to different systems. Services containing VoIP, IPTV or the latest terms of “Multi-screen Ecosystem” and “Connected TV” are all involved in the “digital convergence” notion. Today, no matter the service of “check in” or “watching TV programs on Smartphone,” any figures about multiple services on different devices are presenting the “digital convergence” effect. On the consumer side, “digital convergence” brings a fascinating imagination of life. Time and space are no more limitations to people for getting information. Consumers select services only depending on the quality of each service. However, the fascinating imagination of customers becomes a pressure to the relative industries. In the past, because of distinctive transmission technique, services of television, internet and information were regarded as in different industries. Effective competitors only appeared in the same industry. However, today “digital convergence” effect results in crossing-industries competition and customer immigration. To accommodating and pursue the new trend, only unique ideas and novel services can help incumbents to survive. “Digital convergence” brings not only a challenge but also an opportunity. Today, user-friendly application services are cumulatively created and accommodated in the mature broadband network. For examples, high quality entertainment services occur after communication and multimedia broadcasting techniques are improved, “Near Field Communication” technology rising causes new types of cash flow services. Otherwise, Cloud Computing technique enables people easily to access tele-healthcare services and Telematics services. Certainly, digital convenience accelerating industries transformation and value-added services is now taking place around us. According to ITU reports, every 10% increase of broadband infrastructure extension might cause 0.255 to 1.38% GDP growth rate. High penetration of broadband infrastructure might lead a significant influence on economy growth. Take South Korean experiences as an example, by owing a complete broadband infrastructure, on-line game industry and national digital content industry in this country are individually possessing $8.3 billion and $ 3.4 billion output value. By sensing the potential possibilities, governments in different countries propose their own national industry policies, including American government proposed “National Broadband Plan”, the “Digital Britain White Paper” formulated by United Kingdom, “Hikari no Michi”(光の道, which means fiber superhighway) in Japan and the “Ultra-Broadband Convergence Network Plan (UBcN plan)” in South Korea, moreover, the “Tri-networks Integration Plan” in China. And Taiwan does not absent in this moment. In order to stand firmly in this trend, we also formulate “Digital Convergence Development Program 2010-2015 (DCDP 2010-2012)” in 2010. Below, we are going to make a briefly and neat description of “DCDP 2010-2012”. 1.INTRODUCTION For assisting national relative industries to smoothly transform and enhancing Taiwan’s international competitiveness, Executive Yuan admitted the “Digital Convergence Development Program 2010-2015 (DCDP 2012-2015)” in 2010. In this program, there were six main goals containing: (1) complement the broadband superhighway infrastructure; (2) initiate the convergence of telecommunication services; (3) accelerate the process of Television digitization; (4) develop emerging internet video services; (5) improve communication industries; and (6) establish an integrity regulation framework, as well as twenty-one improving tactics and seventy-eight measures for crossing- administrations cooperation and negotiation to be declared. Otherwise, Executive Yuan also established DCTF to be responsible for coordinating every effort from every administration and facilitate digital convergence tasks. Latter, we will make further descriptions for the six main goals, we just mentioned above: A.Complement the broadband superhighway infrastructure According to the Global Information Technology Report 2010-2011, proposed by World Economic Forum (WEF), Taiwan on the Network Readiness Index (NRI) item was been ranked at 6th place and at 5th place on another item of highest FTTH/FTTB penetration. However, though our coverage of broadband network was high, the total bandwidth was still insufficient to contain all the new creating services. To resolving the shortage of bandwidth, including Ministry of the Interior (MOI), Ministry of Economic Affairs (MOEA), Ministry of Transportation and Communications (MOTC) and National Communications Commission (NCC) were convened to extend the national fiber coverage and facilitate the installation upgrade. Regarding wireless broadband construction, administrations including MOEA, MOTC and NCC were under obligation to energetically detect the latest developments of wireless telecommunication technologies as well as proposed guidelines from other countries, concerning about the allocation of spectrum, telephone numbers and IP address resources. Through crossing-administrations cooperation and coordination, in December 2011, the total of national subscribers applying fiber network service had achieved 3.31 million houses, besides, there were 24.58% houses in Taiwan possessed 100Mbps broadband network services. Totally, there were 7.88 million wireless broadband accounts being applied. B.Initiate the convergence of telecommunication services Smartphone booming brought an emerging mobile entertainment life style, furthermore, it also accelerated the rising of mobile value-added application services. To this trend, administrations containing MOEA, Financial Supervisory Commission (FSC) and NCC all devoted to establishing a constructive environment, with providing assists and building up a complete regulation framework. For examples, up to the end of 2011, national telecommunication operators had signed a memorandum with EasyCard Corporation to develop a mobile cash flow platform, which allows cash flowing through the Internet, for giving people a more convenient experience. C.Accelerate the process of Television digitization Within various emerging application services, “Television digitization” might be the most important one in people’s life. “Television digitization” service brought not only a higher quality experience of watching programs, but also created extra demands of relative application services. Furthermore, increasing demands also bought an improvement to the industry and simultaneously accelerating the development of digital content industry. Nationwide terrestrial TV signal switching program, a fully signal switching from analog to digital, has accomplished in July 2012. In order to achieve 90% coverage rate of digital signal transmission, accommodations containing Council of Indigenous People (CIP) and NCC were not only devoted to establishing a Digitization Improvement Station, but also attempt to integrate all signals from original terrestrial TV stations into one satellite to transmit. To accomplish this signal switching program, government had cultivated for many years and try to increase people’s acceptance level of high definition (HD) TV service. Before receiving this success, NCC had spent a long time devoting itself to integrating containing every effort from many administrations and associations, such as the local governments, national industry associations and operators of household application, moreover, as well as Public Enterprises, including Taiwan Power Company, Chunghwa Post Corporation and Taiwan Water Corporation to popularizing this program. Nevertheless, about the digitization program of cable TV, up to 2010, though there were already 60% of houses in Taiwan possessing cable TV service, only 5.55% of cable TV houses switched into digital. As a result, we found that no incentive measures might be the crucial reason. To reverse the impasse, our strategy was to amend the current laws, through adjusting the regulation framework we could facilitate the market into effective competition. In addition, to accelerate the cable TV digitization process, government also regarded the Olympic relaying in England as a turning point to create the demands of HD TV service. After getting the franchise, people are able to watch Olympic Games through any platforms, including terrestrial TV, cable TV and even IPTV. As the demands arising, it would also encourage operators to produce more HD programs afterward. D.Develop emerging internet video services Digital convergence effect also caused the emerging internet video services booming. In order to encourage the crossing-platforms video services and achieve 50% user rate in 2015, there were three guidelines been proposed. The first one was emerging video service regulation reforming, the second one was facilitating integration between emerging accessing approaches and distribution channels, and the third one, developing a rational regulation on contents management. In synchromesh with terrestrial TV signal switching program, emerging internet video services were also assigned to provide HD Olympic Games programs. In that period, the subscribers of Chunghwa Telecom’s MOD (Multimedia on Demand) service were able to watch the Olympic Games relaying on 14 free HD channels and 1 free 3D channel, which is provided by ELETA TV. Moreover, they could also receive the programs on demand through internet or Smartphone. Afterward, from the collected data, we found that even though the rate of new subscribers only had a few rise, an obviously rose presented on the turning on rate. Depended on those data, we believe that people had already been more familiar with IPTV and HD programs. Besides, this relaying program totally attracted 95 individual advertising and the total revenue from advertising was NT$ 80 million dollars. E.Improve communication industries Producing prolific contents is the key element for attracting customers and stabilizing the development of digital convergence industry. To facilitate the contents producing, DCDP proposed three elements to be improved: fund, talent and marketing. And the tasks of these three elements were including investment facilitation, marketing skill reinforce, personal training as well as culture protection, consumer’s right protection, technique standardization and transnational cooperation. To assist in industries transformation, MOEA focused on promoting the APP design and upgrades. Recently, measures provided by MOEA, such as transformation counseling, R&D subsidies, drive-by VC investment, personal training and even the R&D loan had already taken effect. In addition, to create a virtuous investment circles in contents industry, government also considered to release more subsidies to encouraged those superior producers and movie makers. F.Establishing an integrity regulation framework Digital convergence effect accelerated the competition in the market, including communication or relative contents industries were enter a transformation era. In this period, it was essential to have a practical and integrity regulation framework. Recently, NCC hastened to undertake the amendments of three Acts, containing Radio and Television Act, Cable Radio and Television Act and Satellite Broadcasting Act. Actually, the expectation of this undertaking was to adopt the adjustment of digital convergence in 2014. In addition, Fair Trade Commission (FTC) and Intellectual Property Office (IPO) would also continue to observe the digital convergence influences in 4C (telecommunication, cable television, computer network and e-commerce) and contents (copyright) industries. 2.Second Edition of DCDP and Primly Policies Indicators Advance Since DCDP was launched, it has caused a tremendous response. Nevertheless, rapidly advanced ICT technologies inspire people’s expectations. Recently, it has already overtaken the anticipations of used DCDP. Therefore, to formulate a prescient version, Executive Yuan adopted the second edition of DCDP 2010-2015 in May 2012. In the second edition, an item of “producing prolific TV programs” is added to be the seventh main subjects, in addition, there are five extra items added in the improving tactics part; moreover, the number of measures increased to 107 items. Digital convergence indicators are also reformulated. First, 100Mbps wired broadcasting service should achieve 100% in 2013, and the second, accomplishing 100% digitization of cable TV in 2014. To achieve these indicators, relative administrations decide to accelerate the network infrastructure complementing process and cable TV digitization process. Simultaneously, they also consider extending their regulatory scale from emerging internet video services to the connected TV industries, and enhancing superior programs producing by policy making. In point of accelerating network infrastructure complementing process, a complete broadband network is a foundation of digital convergence industry. However, a “complete” network indicates not only the non-discriminatory access to the hardware, but also mention about having reasonable prices to access broadband services. By considering of Telecommunication operators and cable TV operators are both provides of broadband services, the digitization issue of cable TV industry is also concerned in the DCDP. As a primary enemy to Telecommunication operators in the convergence market, cable TV operators’ competitiveness does not come from the their large share on the cable TV market, but from their possession of wide spread cable network. Otherwise, various new creating contents and application are also encouraged in the DCDP. With “Smart TV,” “HDTV” and “Connected TV” booming, “TV” has transformed from a passive receiving media to an information transport. Although, those emerging broadcasting techniques might threaten the traditional television industry, they bring positive influences to the media industry. By considering a well-run development must building on a integrity and friendly regulation framework. DCTF, an office established by Exclusive Yuan, will also take its responsible to assist NCC on the digital convergence regulatory issues. 3.Conclusion Digital convergence effect to us is a turbulence but also a moment. Today, this effect, which originally comes from the techniques convergence, has detonated in different nations and various places; crossing-industries competition turns to be more and more common around the world. To accommodate our nation to this trend, the primary strategy proposed by government is to integrate administrations’ effort. Through policies making, including DCDP upgrading and validly relative regulation frameworks amending, every relative industry is able to restore enough energy and seize the moment, further, naturally turns to be a domain of market competition.

The Research on Cybersecurity Risks in 5G network: Perspectives on Global strategy

The Research on Cybersecurity Risks in 5G network: Perspectives on Global strategy I. The characteristics of 5G and cybersecurity threats 　　Compared to 4G, 5G adopts several new designs on the network architecture, such as software-defined networking (SDN), a baseband unit (BBU), logical disjunction, network function virtualization (NFV), and multi-access edge computing (MEC), to provide users with high-speed, low-latency and other quality services, as well as flexibility and expansibility to accommodate more emerging applications. 　　According to the three key usage scenarios (see Figure 1) defined by the International Telecommunication Union (ITU), enhanced mobile broadband access (eMBB) provides high-volume mobile broadband services such as AR/VR or ultra-high-definition video. Massive machine type communication (mMTC) provides large-scale IoT services. Ultra-reliability and low latency communication (uRLLC) can be used for services that require low-latency and high-reliability connections, including unmanned driving and industrial automation. 　　However, with 5G’s open, flexible and extensible design, as well as its coexistence with other 4G and 3G systems in the early stage of commercial operation, the cybersecurity threats facing 5G networks are more severe and diverse than the past mobile phone generations. At present, the known 5G cybersecurity threats mainly come from network functional components and connection interfaces among components, including the terminal device, access network, air interface, cloud virtualization, multi-access edge computing rental, core network, back-end/backbone network, roaming and external services, and so on. Source: ITU Figure　1Three key 5G scenarios by the ITU II. Cybersecurity strategy development in major countries 　　5G is not only one of the critical infrastructures, but also an important foundation for pursuing a digital nation, digital economy, the industrial 4.0, and for promoting industrial transformation for upgrading. However, different scenarios require different cybersecurity protection levels, which poses great challenges to both mobile network operators and service providers. 　　Therefore, the construction of favorable environment for 5G development, the promotion of relevant applications and the development of innovative services and so on, have become the priority of governance in the countries around the world. 1. European Union (EU) 　　Then European Commission President Jean-Claude Juncker noted in 2017 that “Cyber-attacks can be more dangerous to the stability of democracies and economies than guns and tanks…Cyber-attacks know no borders and no one is immune,” indicating the EU's high priority in the cybersecurity field. 　　The "Digital Single Market," an important EU policy, lays the foundation for digital economy based on "cybersecurity, trust and privacy." In response to the loss of billions of euros a year in cyber attacks, the EU has taken a series of measures to safeguard and advance the development of the Digital Single Market. For the purposes of this strategy, the European Commission in 2018 came up with the policy of Resilience, Deterrence and Defence: Building strong cybersecurity for the EU,[1]with the aim of improving the level of cyber security, cyber resilience and trust in the EU, and in June 2019 passed the Cybersecurity Act [2] with two highlights described as follows: (1) Strengthen the authority of the European Union Agency for Network and Information Security (ENISA)(see Figure 2), increase the allocation of human and financial resources to ENISA, as well as the preparation for the work items related to the cybersecurity industry, and reinforce cyber security support for EU member states. (2) Establish the EU cybersecurity certification framework. [3] 　　In the European Union, where different cybersecurity certification schemes already exist, the absence of a common certification regime would increase the risk of fragmentation of the single market. For this reason, a set of technical requirements, standards and procedures are provided under this framework to assess whether information/communication products, services and processes are in compliance with security requirements. 　　The certification program includes product and service categories, information/communication security requirements (e.g. reference standards or technical specifications), types of assessment (e.g. self-assessment or third-party assessment), levels of security, and so on. All member states agree that certification not only facilitate cross-border business transactions, but also enable consumers to better understand the security of products and services. Source: Compiled from the ENISA websit Figure　2 ENISA organization and authority strengthening 2. the United States (U.S.) 　　In consideration of cyber security affairs in the country, the US Department of Homeland Security (DHS) in May 2018 unveiled the "Cybersecurity Strategy,"[4] which focused on the objectives and priorities of the U.S. government in future cybersecurity protection, identifying and managing national cybersecurity risks with the overall risk management approach, and addressing security threats to the country, critical infrastructures and private enterprises, as well as preventing cybercrimes. 　　Then the White House in September 2018 released the National Cyber Strategy of the United States of America, [5] based on the Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure [6] issued in May 2017, stating the strategy and position of the United States against the threat of cyber- attacks. The strategic goal aimed to, by safeguarding cybersecurity, protect the American people, the homeland, and the American way of life, to build a secure digital economic environment, to promote American prosperity, and strengthen cooperation with partners to deter malicious cyber attackers, so as to maintain peace and security, and continue to expand U.S. influence. 　　The department in July 2019 published the Digital Modernization Strategy [7] to announce its national defense strategy in the digital environment, including the use of cybersecurity, AI, cloud computing, blockchain and other technologies in information security protection to create a more secure, coordinated and efficient platform and improve the security of intelligence transmission and processing. 3. Canada 　　Public Safety Canada in June 2018 released the National Cyber Security Strategy, [8] with the vision of a sustainable, robust cybersecurity environment, innovation and prosperity. Through international cooperation and a domestic public-private partnership, the department has been working on three goals: 1. cyber security and resilience (to reduce cybercrime and ensure Internet privacy; 2. Internet innovation (to create a friendly environment for the development of cybersecurity startups); 3. government leadership and cooperation (to transfer government-owned cybersecurity knowledge to the private sector and set up a cybersecurity governance framework). 　　The Canadian government also attaches great importance to critical infrastructure. In May 2018, the National Cross Sector Forum 2018-2020 Action Plan for Critical Infrastructure [9] was unveiled to facilitate information sharing between public and private partners through sharing and protecting intelligence, and implementing a full risk management approach. Moreover, Public Safety Canada in April 2019 issued a report called Enhancing Canada’s Critical Infrastructure Resilience to Insider Risk, which provided guidelines and suggestions for action on internal risks in critical infrastructure organizations.[10] 4. Singapore 　　The government of Singapore in 2018 promulgated the Cybersecurity Act, [11] which aimed to fulfill the vision of a Smart Nation by enacting and putting into effect cybersecurity regulations to achieve the goal of a resilient infrastructure and a more secure cyberspace, and to strengthen the protection of critical information infrastructure against cyber-attacks. The Cyber Security Agency of Singapore (CSA) was given the authority to prevent and respond to cybersecurity threats, and to set up a system for sharing security information, as well as a light-touch licensing system for cybersecurity service providers.[12] 　　The Government of Singapore has appointed a Commissioner of Cybersecurity responsible for promoting domestic cybersecurity policy. To safeguard Singaporeans from cybersecurity threats, [13] the government particularly laid down cybersecurity threat or incident response provisions in Chapter 4 of the Cybersecurity Act to empower the Commissioner of Cybersecurity to investigate cybersecurity threats and incidents, such as requiring the parties to the incidents to present statements in person or in writing, producing documents or provide information and so on.[14] 5. Australia 　　The Australian government in 2016 proposed a four-year "Australia's Cyber Security Strategy,"[15] which was expected to invest more than 230 million Australian dollars to strengthen Australia's cyber security capability and complete the following five aspects: national cyber partnership, strong cyber defenses, global responsibility and influence, growth and innovation, and a cyber smart nation. 　　As for the global responsibility and influence, the Australian government in 2017 announced the "Australia's International Cyber Engagement Strategy."[16] which aims to strengthen digital trade, to improve cybersecurity and to response to cybercrime through international cooperation; encourage innovative cybersecurity solutions; provide security advice and best practices, such as Essential Eight strategies[17] to mitigate cyber-attacks; establish the Pacific Cyber Security Operational Network (PaCSON) [18] with neighboring countries to develop regional cybersecurity capabilities; and advance the development of Australia's cybersecurity industry, nurture startups and attract foreign investment. III. Cybersecurity strategy to promote 5G in Taiwan 　　Since President Tsai Ing-wen took office in 2016, she declared that cybersecurity is directly linked to national security. In 2017, the Department of Cyber Security (DCS) under the Executive Yuan issued "National Cybersecurity Development Plan (2017-2020)," and in 2018 the "Cybersecurity Industry Development Action Plan (2018-2025)," in order to enhance the independence of Taiwan's cybersecurity industry, consolidate the nation’s cybersecurity defense line, improve its innovative thinking of cyber security, and further promote it to the international market. 　　To develop a favorable environment to promote 5G, the Executive Yuan on May 10, 2019 approved the “Taiwan 5G Action Plan (2019-2022),” [19] with a total investment about NT$20.466 billion over a four-year period. The plan aims to build a 5G application and industrial innovation environment, and reshape Taiwan's mobile communication industry ecosystem, with its content planned around five themes, including "promoting 5G vertical application field demonstration", "building 5G innovation and application development environment," "completing 5G technology core and cybersecurity protection capabilities," "planning to release 5G frequency spectrums in line with overall interests" and "adjusting laws and regulations to create favorable environment for 5G development," and to promote industrial upgrading and transformation, as well as create the next wave of economic prosperity in Taiwan. 　　Secure, robust and reliable 5G systems are sufficient and requisite conditions for building an innovation ecosystem in digital countries. The third theme of the "Taiwan 5G Action Plan" is to "complete 5G technology core and cybersecurity protection capabilities," which is intended to advance the integration of applied science and technology by establishing advantageous core technologies, set up a 5G technology and test platform, and increase the market competitiveness of 5G industry, while drafting the overall national policies on 5G cybersecurity, building the cybersecurity protection mechanism of 5G homemade products, strengthening 5G critical infrastructure and operational cybersecurity protection capabilities, and promoting domestic suppliers to enter the international 5G reliable supply chain. 　　In terms of strengthening 5G critical infrastructure and operational cybersecurity protection capacities, the NCC has planned a four-year (2019-2022) "5G Network Cybersecurity Protection and Related Regulations Preparation Plan." In coordination with a 5G license issue in 2020, the agency in 2019 added/amended the 5G cybersecurity provisions of the Regulations for Administration of Mobile Broadband Businesses, making it mandatory for the winning bidder of the 5G frequency spectrum to incorporate the cybersecurity protection concept into the system design for system construction. 　　Upon commercial operation of 5G, the NCC will audit from time to time the implementation of the cybersecurity maintenance plan by telecom operators, so as to ensure and reinforce the cybersecurity protection system of Taiwan's 5G telecom network, and create an opportunity for the development of 5G homemade products with cybersecurity protection capability. In addition, the NCC will also face up to the fact that 5G technology standards continue to evolve, and the operators have different construction schedules and heterogeneous mobile networks coexist. Therefore, relevant regulations will continue to be completed from 2020 to 2022, and examples will be verified through cybersecurity function testing laboratories to ensure that cybersecurity protection functions of 5G networks keep pace with the times. IV. Conclusion and Suggestion 　　As for emerging technologies, countries around the world are actively evaluating and constructing 5G systems and services. Taiwan boasts excellent industrial advantages in terms of semiconductors, ICT software and hardware, and high-quality talents, and thus makes a foundation for developing 5G. Furthermore, going with the importance of cybersecurity, it is necessary to pay more attention to planning and developing 5G cybersecurity technology. 　　It is clear that the development of cybersecurity is both a challenge and an opportunity for Taiwan. In order to implement the national policy objectives of "cybersecurity is national security" as well as "innovative economic development programs for a digital nation," and to response to the scientific and technological progress, and the demand for cybersecurity, key development direction is proposed to expedite the establishment of 5G cybersecurity protection. Reference: [1]Resilience, Deterrence and Defence: Building strong cybersecurity in Europe, European Commission, https://ec.europa.eu/digital-single-market/en/news/resilience-deterrence-and-defence-building-strong-cybersecurity-europe [2]The draft Regulation of The European Parliament And of The Council on ENISA, the "EU Cybersecurity Agency", and repealing Regulation(EU)526/2013, and on Information and Communication Technology cybersecurity certification(''Cybersecurity Act'') was published in September 2017 to expand the rights and obligations of ENISA, which would make ENISA the EU's cybersecurity and information competent authority and the authority for critical infrastructure (information) facilities after the passage of the Act. Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (Text with EEA relevance), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.151.01.0015.01.ENG&toc=OJ:L:2019:151:TOC [3]The EU cybersecurity certification framework, European Commission, https://ec.europa.eu/digital-single-market/en/eu-cybersecurity-certification-framework [4]Cybersecurity Strategy(2018), DHS, https://www.dhs.gov/sites/default/files/publications/DHS-Cybersecurity-Strategy_1.pdf [5]National Cyber Strategy of the United States of America(2018), The White House, https://www.whitehouse.gov/wp-content/uploads/2018/09/National-Cyber-Strategy.pdf [6]THE WHITE HOUSE, Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure, The White House, https://www.whitehouse.gov/presidential-actions/presidential-executive-order-strengthening-cybersecurity-federal-networks-critical-infrastructure/ [7]DoD Digital Modernization Strategy, DoD, https://media.defense.gov/2019/Jul/12/2002156622/-1/-1/1/DOD-DIGITAL-MODERNIZATION-STRATEGY-2019.PDF [8]National Cybersecurity Strategy, Public Safety Canada, https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/ntnl-cbr-scrt-strtg/index-en.aspx [9]National Cross Sector Forum 2018-2020 Action Plan for Critical Infrastructure, Public Safety Canada, Public Safety Canada, https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/pln-crtcl-nfrstrctr-2018-20/index-en.aspx#a02 The action plan is a three-year program under Canada's2010 National Strategy for Critical Infrastructure (National Strategy) starting in 2010 for all phases. [10]Enhancing Canada’s Critical Infrastructure Resilience to Insider Risk, Public Safety Canada, Public Safety Canada, https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/nhncng-crtcl-nfrstrctr/index-en.aspx [11]Cybersecurity Act 2018, Singapore Statutes Online, https://sso.agc.gov.sg/Acts-Supp/9-2018/ [12]Cybersecurity Act, CSA, https://www.csa.gov.sg/legislation/cybersecurity-act [13]Id. [14]Cybersecurity Act Explanatory Statement, https://www.csa.gov.sg/~/media/csa/cybersecurity_bill/cybersecurity%20act%20-%20explanatory%20statement.pdf [15]Australia’s Cybersecurity Strategy, https://cybersecuritystrategy.homeaffairs.gov.au/ What is the Government doing in cybersecurity, Ministers for the Department of Industry, Innovation and Science, https://www.industry.gov.au/data-and-publications/australias-tech-future/cyber-security/what-is-the-government-doing-in-cyber-security [16]Australia’s International Cyber Engagement Strategy, Department of Foreign Affairs and Trade,https://www.dfat.gov.au/sites/default/files/DFAT%20AICES_AccPDF.pdf [17]Essential Eight Explained, ACSC, https://www.cyber.gov.au/publications/essential-eight-explained [18]Pacific Cybersecurity Operational Network(PaCSON), https://dfat.gov.au/international-relations/themes/cyber-affairs/cyber-cooperation-program/Pages/pacific-cyber-security-operational-network-pacson.aspx Or Strengthening cybersecurity across the Pacific, ACSC, https://www.cyber.gov.au/news/pacific-islands PaCSON is comprised of 15 members, including Australia, Fiji, Marshall Islands, New Zealand, Papua New Guinea, Samoa, and Solomon Islands. [19]Taiwan 5G Action Plan, Executive Yuan,https://www.ey.gov.tw/Page/5A8A0CB5B41DA11E/087b4ed8-8c79-49f2-90c3-6fb22d740488

Development Trend of Information Communication Technology Related Laws

In light of the influence on social security of Internet-related crime, in 2007 Taiwan passed the amendment to the Communication Protection and Inspection Act (CPIA) to update the articles relating to the surveillance of Internet-related crimes. Moreover, the notification obligator clause was added to the Child and Adolescent Sex Trade Prevention ACT (CASTPA), and the penalty for copyright infringement over the Internet was prescribed in the Copyright Act in order to stop Internet-related crimes. 1. Amendment to the CPIA On 15 June 2007, the legislature of Taiwan passed the amendment to the CPIA which was promulgated by the President of Republic of China on 11 July 2007. The amendment mainly concerns the update of the power of issuing surveillance warrants, the scope of emergency surveillance, the supervisory agencies of relevant surveillance activities, and the evidence power of illegal surveillance. The amendment will be brought into force in five months. Currently, a surveillance warrant is issued (1) by the district prosecutor following an application made by the police or based on his authority for cases under investigation; and (2) by the judge based on his power for cases on trial. According to Article 5.2 of the amended CPIA, for cases under investigation, the district prosecutor should record the details of surveillance in writing following the applications made by the judiciary police or based on his authority and should state the reasons and submit relevant documents before applying to the jurisdiction court for the issue of the surveillance warrant. The district prosecutor should approve and reply to the applications made by the judiciary police within 2 hours. For cases of greater complexity, the approval and reply time may be extended for another 2 hours with the consent of the chief district prosecutor. After receiving an application for a surveillance warrant from the district prosecutor, the jurisdiction court should approve and reply to the application within 24 hours. For cases on trial, a surveillance warrant should be issued by the judge based on his authority. Also, the judge may give appropriate instructions for the surveillance in the warrant. Moreover, if an application for a surveillance warrant is rejected by the court, the district prosecutor should make no objection in any form. In other words, the power of issuing a surveillance warrant for cases under investigation has been transferred from the district prosecutor to the judge. Furthermore, the law-enforcement authorities are given the right to initiate an “emergency surveillance” before application during the investigation of serious criminal cases according to Article 6 of the CPIA. In an investigation of serious criminal cases involving obstruction of voting, kidnapping, offence of the President and Vice President Election and Recall Act, the judiciary police may request the district prosecutor to orally notify the implemental authorities of an emergency surveillance. However, the district prosecutor should report to the jurisdiction court to apply for a make-up issue of the surveillance warrant within 24 hours. The district prosecutor’s office should appoint a responsible district prosecutor or a head district prosecutor as the emergency contact for cases involving emergency surveillance. The court should also assign a special window to take charge of the applications for surveillance warrants made by the district prosecutor, and should issue a make-up surveillance warrant within 48 hours of the acceptance of the application. Should the make-up surveillance warrant not be issued within 48 hours, the emergency surveillance should be terminated immediately. The district prosecutor, the court of law and agencies taking charge of the country’s intelligence work are responsible for the supervision of surveillance. According on Articles 12 and 16 of the amended CPIA, regulations governing the period and supervision of surveillance are summarized as follows: (1) The period of surveillance should not exceed 30 days for serious and emergency cases involving endangering national security or social order and blackmailing as in Article 5 of the CPIA; or for cases involving obstruction of voting, kidnapping and offence of the President and Vice President Election and Recall Act as in Article 6 of the CPIA. The responsibility of supervision is the district prosecutor's office for cases under investigation and the court of law for cases on a trial. (2) The period of surveillance should not exceed 1 year for collecting information of foreign powers or offshore opposing powers as in Article 7 of the CPIA. Intelligence authorities should send agents to supervise the electronic surveillance equipment or to the supplier of surveillance equipment to supervise the conditions of surveillance. Should continual surveillance be needed, the implemental agency should submit concrete reasons to make a second application for surveillance two days before the end of the first surveillance period. However, the surveillance should be terminated immediately when the chief of the intelligence agency believes that it is no need to continue the surveillance before the end of the surveillance period. Lastly, the exclusivity of the evidence power of information collected from illegal surveillance is added to Articles 5, 6, 7 and 32 of the amended CPIA. According to Articles 5 and 6, should the surveillance involve severe offence of regulations, the information or evidence collected from the surveillance will not be accepted as evidence in a judiciary investigation, a trial or relevant procedure. Additionally, according to Articles 7 and 32, information or evidence collected from illegal surveillance will not be accepted as evidence in a judiciary investigation, a trial or relevant procedure. The severity of the offence should be determined by the judge based on individual cases. 2. Amendment to the CASTPA Child pornography is easily distributed because of the advancement of Internet communication; and the prepubescent pornography market is expanding as a result. The legislature of Taiwan thus passed on 15 June 2007 the amendment to the CASTPA that was promulgated by the President of Republic of China on 4 July 2007. In the amendment, neighborhood heads, ISPs and telecommunication system providers are the obligator of notification, and “possessors” of child pornography are to be penalized. According to the explanatory statement of the act, child pornography is the permanent record of the abuse of the victims. This will inflict continual damage on the victims. Moreover, child pornography is considered a “serious child exploitation” all over the world. Therefore, there is an international understanding to penalize the possession of child pornography. Before the amendment, Article 28 of the statue simply penalizes people distributing and selling child pornography in the form of disc, videotape and printing. Those deliberately distributing, broadcasting and/or selling child pornography in the form of pictures, videotape, film, disc, electronic signal or other form will be penalized by imprisonment for a term of less than 2 years and with a fine of under NT$2 million. [In the amendment,] those deliberately distributing, broadcasting and/or selling child pornography are penalized and imprisonment for a term of less than 3 years and with a fine of under NT$5 million. While child pornography inflicts continual damage on the victims, Article 28.3 has been added to statute. According to this new Article, those in possession without a proper reason of pictures, films, videotapes, discs, electromagnetic recordings and/or other articles containing sexual intercourses or acts of indecency by people under 18 are to be penalized. In this case, the “possession” of child pornography is penalized. The penalization falls into two stages: competent authorities of municipalities and local counties and cities may order the offender to receive guidance education for 2-10 hours if he/she is detected possessing child pornography without a proper reason for the first time; if offenders are detected for the second time or more, they will be fined NT$20000 to NT$200000. The amendment also refers to the legislation in Canada and the Netherland to reduce the scope of “proper reasons for possession” to scientific study, education and for medical treatment purposes in order to protect prepubescent children from sexual exploitation. Moreover, the amendment has expanded the scope of the notification obligator by including ISPs and telecommunication system providers as the notification obligator. While the Internet and mobile phones are widely used by the public and prepubescent children often receive pornographic information via the chat rooms on the Internet and SMS, this will cause many side effects on prepubescent children in the absence of appropriate management and protection. According to the statistics provided by the Ministry of the Interior, about 300 prepubescent children are sexually assaulted every year from online dating. According to The Garden of Hope Foundation, 40% of sex trade with prepubescent girls found in Taipei County during 2003-5 was conducted over the Internet, and it was 100% for prepubescent boys. It is thus clear that the Internet has become a platform for distributing child pornography. ISPs and telecommunication system providers are included as the notification obligator in Article 9 of the amended statute. Therefore, if they do not notify the authorities in the knowledge of child pornography, they will be fined NT$6000-NT$30000 according to Article 36 of the statue. Therefore, neighborhood heads, ISPs and telecommunication system providers must notify the local competent authorities or authorities specified in Article 6 of any prepubescent children who engage or probably engage in the sex trade in their knowledge. This is designed in order to strengthen the notification and prevention functions and to effectively stop those who deliberately use chat rooms on the Internet and SMS to engage in true sex trade in the disguise of online dating. Though the scope of notification obligation has been expanded in the amendment to the CASTPA to strengthen the notification and prevention mechanisms of prepubescent children sex trade and to define the notification obligations of the supplier and provider of SMS, network chat rooms, BBS, blogs and e-news services, many problems arise as a result. First, when telecommunication system providers have the obligation of notification, they also need to submit relevant evidence. However, this may involve the infringement of privacy of communication. If telecommunication system providers must not commit illegal surveillance, they are unable to acknowledge the contents of communication of consumers. In this case, how can they notify any crime? On the other hand, though information over the Internet is open to the public, it is a tough question for law enforcement officers to provide solid evidence proving that the administrator of online chat rooms and blogs has failed to perform his obligation of notification. 3. Amendment to the Copyright Act The online music downloading service debate has become a heated issue in recent years for the following reasons: “to select only the songs I like”, “comprehensive repertoires”, and “convenience”. According to the Online Music Downloading Survey by the Secure Online Shopping Association (SOSA), 85% consumers have tried the online music downloading service, thus giving rise to the comprehensive online music downloading software and services. However, to attract consumers with files containing unlicensed music, video or other files and charge users of such services, some ISPs provide computer programs or technologies, e.g. point-to-point (P2P), for users to exchange such outlawed materials and charge users for such services. Such acts of making profit from copyright infringement has inflicted disputes in copyright infringement. For example, the IFPI’s accusation in 2003 of Kuro, a P2P platform provider, is the first convicted case of P2P music downloading service in Taiwan. Though the software supplied by Kuro is a neutral technology which is not illegal, Kuro recruited members and charged them membership fees for allowing them to illegally downloading, exchanging and reproducing a large amount of unlicensed copyrighted materials with such software and the platform services it supplies. Kuro also advertised that consumers can download tens of thousands of the latest popular songs with the Kuro software and even encouraged members to download them. Therefore, the court decided that Kuro and its members who have practically downloaded copyrighted music illegally are guilty of copyright infringement. On the other hand, ezPeer, another P2P downloading platform provider, was not found guilty of copyright infringement because no law was practiced at that time to prohibit or restrict the use of P2P software. Also, as a transfer platform, ezPeer offers comprehensive functions and it is thus not a tool for committing crime. Even some users transfer or download unlicensed copyrighted materials with this tool, there is possibility for the non-liability reasonable use. Moreover, ISPs have no filtering obligations in the Copyright Act of the ROC. Therefore, even consumers may use the services for illegal activities, P2P service providers are not an accomplice. Therefore, to define the liabilities of P2P platform providers, the legislature of Taiwan passed on 14 June 2007 the amendment to the Copyright Act to include P2P software providers in governance of the act. In the future, platform providers will be prohibited by the Copyright Act from charging members for unlicensed activities. New objects of copyright infringement are added to the amendment, and the amendment includes the addition of Article 87.1.7, 87.1.2, and 97.1; and the revision of Article 93.4. According to Article 87.1.7, attempt to allow the public to openly transfer or reproduce works of others without prior consent or licensing from the owner is copyright infringement, and supply of computer programs and/or technologies that can be used for public transfer and/or reproduction of such for the purpose of making profits is deemed as copyright infringement. As the supplier of computer programs and/or technologies is the focus of this article, behaviors categorized based on this article must also meet the following requirements: (1) attempt to allow the public to download and/or transfer over the Internet copyrighted materials without prior consent or licensing of the copyright owner; (2) the act of supply of computer programs and/or technologies; (3) and making profits from such behaviors. In other words, the focus of the amendment is to prohibit providers by written law from supplying computer programs and/or technologies for users to transfer and/or exchange unlicensed music, video and/or other copyrighted materials and from charging users or making profits from such services. However, the amendment has adopted the principle of technology neutrality and specifies that P2P software providers will only be penalized when they have the act of making profit and the intention of copyright infringement in order not to prevent technological development and to save ISPs from breaking the law all the time. As the “intention” of copyright infringement is the criterion of judgment, Article 87.2 is added to the Copyright Act in the present amendment. According to this article, whether or not the doer instigates, guides or incites in advertisements or other active actions the public to use the computer programs and/or other technologies it supplies to commit copyright infringement is the criterion for determining the “intention” of copyright infringement. Also, the court will determine with severity whether or not the advertisements or other active actions are ready for instigating, guiding or inciting the public use the computer programs and/or other technologies the doer supplies to commit copyright infringement. In general, when providers offer services, such as web photo albums, BBS, instant messengers, auctions, web disks and online discussions, it is not their initial intention to supply software and/or technologies for users to illegally download and/or transfer the copyrighted materials of others, nor do they encourage, instigate, guide, incite and/or convince users to commit copyright infringement. Even such software can be used for transferring and/or distributing unlicensed copyrighted materials, providers must not be restricted, and it should be the users who take the liability of copyright infringement. After the enactment of the amendment, providers who make profit from supplying software for others to distribute unlicensed copyrighted materials and encourage users to exchange such materials with the software are to be penalized by imprisonment for a term of less than 2 years, community service, or fined, or penalty together with a find of under NT$500000 according to Article 93. Moreover, by adding Article 97.1, the competent authorities are entitled to order ISPs to shutdown or close the business when they are convicted for the abovementioned offences and refuse to stop such illegal acts after being determined for “severe copyright infringement” and “severely injury of the benefits of the copyright owner”. After this amendment of the Copyright Act, service providers can no longer use the excuse “we simply provide a service platform and have no right to check the behavior of consumers” as an escape of their liabilities. In fact, P2P service providers who charge users monthly fees for the P2P software, such as Kuro and ezPeer, have already signed licensing agreements with music companies before the enactment of this amendment. Therefore, the music they provide for users to download is no more unlicensed copyrighted materials. Therefore, the amendment has certain effect on improving copyright protection.

Open Government Data in Taiwan

In the recent years, the tide of open movement has pushed vigorously from the open source software, open hardware and the recent open data. More and more countries have joined the global initiative of open government data in order to achieve the ultimate goal to promote the democratic governance. National government adopts open data policy to enhance the transparency, participation and collaboration of the citizen into the government operation. Meanwhile, fueled by the knowledge economy and the statistical analysis of the big data technology, open government data could work as the catalyst to individuals, industries and government agencies to transform data into potential knowledge-based services. Up to the end of 2013, there are around 77 countries have adopted the Open Government Data policy. Taiwanese government also declared to take part in the open data revolution. The government had officially launched the open data policy in 2012. In Resolution No. 3322, the Executive Yuan prescribes that open government data could enhance the transparency of the government; improve the quality of life of people; and meet the needs of the industry. Governmental agencies under the authority of the Executive Yuan shall to recognize the importance of the empowerment brought from open government data to the quality of the decision-making process and asked the agencies to implemented the policy from the perspectives of the user’s needs and applications, and also the consider to include machine readable format for the data. The Executive Yuan directed the Research, Development and Evaluation Commission (RDEC)（行政院研究發展考核委員會） to develop related principles and measures to support government agencies of the Executive Yuan to plan, execute and open up their data. At the same time, it also directed the Industrial Development Bureau（IDB）, Ministry of Economic Affairs (MOEA) （經濟部工業局）to develop responsive strategies to cope with the industrial development. Pursuant to the Resolution No. 3322 of the Executive Yuan, RDEC worked through the open government data related laws and regulations, proclaimed the “Open Government Data Operating Principle for Agencies of the Executive Yuan”（行政院及所屬各級機關政府資料開放作業原則）and the “Essential Requirements for Administrate Open Government Data Datasets” （政府資料開放資料集管理要項）in the early 2013. All government agencies of the Executive Yuan have to adopted the following 3 open government data steps："open up government data for public use”, “provide data free of charge subject to certain exemptions”, "automated systematic release and exchange data”, and work in with 4 open government focus strategies: “release data actively and by the priority in the field of daily necessity”, “develop the norm of open government data”, “promote the use of Data.gov.tw”, and “demonstrate and advocate open government data services”. Ministry of Economic Affairs (MOEA) （經濟部工業局）also provided grants ($9,200 NTD) to the open government data value-added applications and development. The open government data platform (data.gov.tw) was launched in July, 2013, as the official Taiwan government site providing public access and reuse of government data sets from 62 government agencies of the Executive Yuan, including the Ministry of Interior (MOI)（內政部）, Ministry of Foreign Affairs (MOFA)（外交部）, Ministry of Economic Affairs (MOEA)（經濟部）, Council for Economic Planning and Development (CEPD)（行政院經濟建設發展委員會）, Hakka Affairs Council (HAC)（客家委員會）, Water Resources Agency, Ministry of Economic Affairs (WRA) （經濟部水利署）, and 4 local governments. At the end of 2013, each government agency is required to release at least 55 data sets. In addition, the rising tide of private-sector (individual or enterprise) also aims to mine the gold in open government data. Act upon the National Information and Communication Initiative (NICI)（行政院國家資訊通信發展推動小組）in the consultation of the open government data policy, Taipei Computer Association (TCA)（台北市電腦同業工會）organized the “Open Data Alliance” (ODA)（Open Data聯盟）as a bridge between the information provide-side (public sectors) and the demand-side (private sectors), to communicate and coordinate the expectations and needs from communities (bottom-up) towards open government data. On Dec. 11, 2013, Taiwan took one more step in the global open data initiative. Open Data Alliance (ODA) and the Open Data Institute (ODI) in UK signed the memorandum of understanding (MOU) and announced the alliance established to promote and explore the potential opportunities of open data holds for the public, private and academic sectors. The engagement of ODA and ODI could bring another catalyst for the open movement in Taiwan to take one big step in the international community. According to a survey from ODA, the biggest challenge so far is the available data sets do not really meet the needs of the industry. And most of the feedback reflects the concerns in licensing, charge, frequency of updates, data formats and data quality. These voices echo the open government data issues encountered in many countries. There are still some obstacles with the applicable laws and regulations (for example, Charges and Fees Act, Personal Data Protection Act, Accoutability & Liability etc.) wait to be solved before both public and private sectors to go onto the next level of open data development.
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