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Artificial Intelligence Governance - Taking Deep Fake as an Example

Artificial Intelligence Governance - Taking Deep Fake as an Example

 

1.Introduction

　　With the increasing maturity of the use of neural networks, the application of artificial intelligence technologies is becoming more and more widely used. Among them, through the automated editor and convolutional neural network technology, the threshold of the technology of copying films is not very high. In November 2017, some films that superimpose the faces of social celebrities on pornographic film actors/actresses appeared in the American social networking platform, Reddit. These types of films analyze the faces of specific socialites through deep learning algorithms and superimpose their faces on the films, making them look as if the films were taken by the socialites themselves. This technology was released by developers in 2018 and was made into an app for public use. At present, such technology is generally referred to as "deep fake" internationally, and it is believed that it may contribute to the speedy invention and distribution of false information existing throughout the Internet nowadays, which has attracted the attention of legislators worldwide. As it uses fake images or films automatically generated by Deep-learning technology, it involves both dimensions of fake information prevention and artificial intelligence governance. The purpose of this paper is to observe the relevant policies, legal measures and related guidelines or principles of the international community in response to issues of deep fake and artificial intelligence governance, and to examine whether the current legal system in Taiwan can cope with the impact of deep fake so as to provide feasible recommendations.

 

2.Ethics Rules for Artificial Intelligence

　　In the governance of artificial intelligence, the European Union introduced the “Ethics Guidelines for Trustworthy AI” on April 8, 2019 to establish a framework for supervising artificial intelligence in order to make artificial intelligence trustable.

　　The guidelines first points out that Trustworthy AI requires three key characteristics: (1) it should be lawful: complying with all applicable laws and regulations; (2) it should be ethical: ensuring adherence to ethical principles and values; and (3) it should be robust: both from a technical and social perspective, to avoid AI from inadvertently causing harm.

　　Fundamental Rights are the basis of trustworthy AI. In order to comply with the above-mentioned basic human rights and to make AI reliable, their expert group believes that AI should abide by four ethical principles, including: (1) respect for human autonomy; (2) prevention of harm; (3) fairness; and (4) explicability. The four ethical principles are also transformed into the seven specific measures: “human agency and oversight”, “technical robustness and safety”, “privacy and data governance”, “transparency”, “diversity, non-discrimination and fairness”, “societal and environmental wellbeing impact evaluation” and “AI accountability”. To facilitate the true implementation of self-assessment for application developers, the Guidelines devise the Trustworthy AI Assessment List in Chapter 4 for the reference of the enterprise.

 

3.Counter measures Against the International false messages

　　In response to the prevention of false messages, the two parties in the United States also jointly proposed in 2018 the Malicious Deep Fake Prohibition Act of 2018 to amend the relevant provisions of fraud in the criminal law. This bill amends Chapter 47 of the United States Code by adding Section 1041 with regard to fraud in connection with audiovisual records. It treats the use of deep fake as a criminal offence and defines deep fake as “audiovisual record created or altered in a manner that the record would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of an individual”. It shall be unlawful to, using any means or facility of interstate or foreign commerce, to create, with the intent to distribute, a deep fake with the intent that the distribution of the deep fake would facilitate criminal or tortious conduct; or distribute an audiovisual record with actual knowledge that the audiovisual record is a deep fake, and the intent that the distribution of the audiovisual record would facilitate criminal or tortious conduct. Any person who violates the above may be sentenced to imprisonment for more than 2 years but less than 10 years. However, the bill is currently put on hold without being further reviewed.

　　In addition, in order to properly cope with the danger of deep fake, on June 28, 2019, the two parties in the US Congress jointly proposed the bill - "To require the Secretary of Homeland Security to publish an annual report on the use of deep fake technology, and for other purposes”, which may be cited as the "Deepfakes Report Act of 2019". This bill requires the Department of Homeland Security to conduct research on deep fake and related issues, produce an annual report, and to request it to assess the direction of addition or revision of relevant laws and regulations. Moreover, the US senators from both parties also proposed on June 12, 2019 the bill- “Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2019”, which may be cited as “DEEP FAKES Accountability Act”. This Act is the same as the Act of 2018, both of which treat the use of deep fake as a fraudulent act by adding section 1041 to Chapter 47 of the United States Code. However, this Act does not directly define deep fake, but rather define such a type of technology as “advanced technological false personation record”, and require such records to comply with:

(1) DIGITAL WATERMARK: Any advanced technological false personation record which contains a moving visual element shall contain an embedded digital watermark clearly identifying such record as containing altered audio or visual elements.

(2) AUDIOVISUAL DISCLOSURE shall comply with the following principles:

A. clearly articulated verbal statement that identifies the record as containing altered audio and visual elements, and a concise description of the extent of such alteration; and
B. an unobscured written statement in clearly readable text appearing at the bottom of the image throughout the duration of the visual element that identifies the record as containing altered audio and visual elements, and a concise description of the extent of such alteration.

(3) VISUAL DISCLOSURE shall comply with the following principles: Any advanced technological false personation records exclusively containing a visual element shall include an unobscured written statement in clearly readable text appearing at the bottom of the image throughout the duration of the visual element that identifies the record as containing altered visual elements, and a concise description of the extent of such alteration.

(4) AUDIO DISCLOSURE shall comply with the following principles: Any advanced technological false personation records exclusively containing an audio element shall include, at the beginning of such record, a clearly articulated verbal statement that identifies the record as containing altered audio elements and a concise description of the extent of such alteration, and in the event such record exceeds two minutes in length, not less than 1 additional clearly articulated verbal statement and additional concise description at some interval during each two-minute period thereafter.

　　According to the bill, those who violate the above requirements shall be subject to legal responsibilities. In criminal liabilities, whoever knowingly violates the above requirements and (1) with the intent to humiliate or otherwise harass the person falsely exhibited, provided the advanced technological false personation record contains sexual content of a visual nature and appears to feature such person engaging in such sexual acts or in a state of nudity; (2) with the intent to cause violence or physical harm, incite armed or diplomatic conflict, or interfere in an official proceeding, including an election, provided the advanced technological false personation record did in fact pose a credible threat of instigating or advancing such; (3) in the course of criminal conduct related to fraud, including securities fraud and wire fraud, false personation, or identity theft; or (4) by a foreign power, or an agent thereof, with the intent of influencing a domestic public policy debate, interfering in a Federal, State, local, or territorial election, or engaging in other acts which such power may not lawfully undertake, may be sentenced to imprisonment for not more than 5 years.  In civil liabilities, any person who violates the above requirements may be subject to a civil penalty of up to US$150,000 per record or alteration, as well as the compensation for the damage, if any.

　　In addition to the United States, the United Kingdom also launched the "Online Harms White Paper" in April 2019, which will establish a new "Online Safety" control structure to respond to false messages and underage pornographic videos, deep fake and online drug trafficking and so on.

　　The report points out that the new network security control framework will clarify the legal obligations of the Internet company to make the company assume more security responsibilities and avoid the harm caused by the content or actions generated by the service provided, and establish an independent regulatory agency supervising and implementing the relevant legal policies. The regulatory authority should provide relevant guidelines for compliance with the new obligations. If the company is unwilling to comply with the relevant guidelines, it must bear the burden of proof and prove that its alternative measures can achieve more effectively for the purpose of protecting the Internet users. In addition, the framework will also include elements of “Transparency, Trust, and Accountability”. The competent authority will be given the right to request an annual transparency report be submitted by the company, which the report should indicate the relevant harmful contents appeared on its platform, explain how it is handling with the problem, and publish the report on the website. Furthermore, the competent authority will have the right to request additional information from the Internet company, such as how its algorithm works.

　　In response to false messages, the report points out that current Internet companies have begun to conduct research on the prevention and control methods of fake news dissemination, including: (1) through the terms of service, users are not allowed to distort their identity on social software to spread false messages. (2) developing relevant tools to detect suspicious, false or junk accounts; (3) using automated artificial intelligence to delete or remove fake accounts; and (4) collaborating with independent fact verifying platforms. However, in the future, the government hopes that the guidelines and related policies proposed by the competent authorities must further include the following matters: (1) The company shall clarify its definition of false information in its terms of service, and state its expectations of users, and the possible penalties to users who violate the company policy; (2) The company should adopt the relevant countermeasures to deal with users with distorted identities who disseminate false messages; (3) The visibility of the disputed content currently under the fact-verifying inspection shall be reduced; (4) The fact-verifying service shall be used, especially during the election period, for fulfilling the obligation of fact verification; (5) Promote authoritative news sources; (6) Promote news circulation from different perspectives, rather than only reinforce the messages of people's existing views; (7) Users should be able to recognize that they are interacting with automated accounts and should ensure that the dissemination of automated accounts information is not abused; (8) Promote the transparency of political advertising to comply with the norms of the UK electoral law; (9) Companies should ensure that users may mark the content that they believe to be false news by themselves and let them know that the company is targeting false news for countermeasures to be taken; (10) The procedures for publishing information should be open and transparent so that the public can assess the effectiveness of the company’s response to false information, and further support the relevant research on online false message activities; (11) The relevant procedures and measures should be taken to continuously monitor and evaluate the effectiveness of the processing flow of fake messages.

　　From the above-mentioned relevant international legal policy observations, it can be found that international measures related to deep fake can be classified into the following items:

(1) Establish an independent fact-verifying unit.
(2) Improve the transparency of information sources.
(3) Improve the oversight responsibility of the online platform for the messages appeared on such a platform.
(4) Deep fake is to be treated as an independent criminal act and its criminal, civil and administrative responsibilities are to be clearly regulated.
(5) On the technical level, relevant artificial intelligence tools are being developed to respond to this issue. For example, the American startup company, Deeptrace, has begun to conduct research and develop deep fake identification technology to identify the authenticity of the films.

※Artificial Intelligence Governance - Taking Deep Fake as an Example ,STLI, https://stli.iii.org.tw/en/article-detail.aspx?no=55&tp=2&i=169&d=8313 (Date:2025/12/06)
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Yu, He-Chien
 Legal Researcher

Release： 2019/10
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The Coverage and Policies of Critical Infrastructure Protection in U.S.

Regarding the issue of critical infrastructure protection, the emphasis in the past was put on strategic facilities related to the national economy and social security merely based on the concept of national defense and security1. However, since 911 tragedy in New York, terrorist attacks in Madrid in 2004 and several other martial impacts in London in 2005, critical infrastructure protection has become an important issue in the security policy for every nation. With the broad definition, not only confined to national strategies against immediate dangers or to execution of criminal prevention procedure, the concept of "critical infrastructure" should also include facilities that are able to invalidate or incapacitate the progress of information & communication technology. In other words, it is elevated to strengthen measures of security prevention instead. Accordingly, countries around the world have gradually cultivated a notion that critical infrastructure protection is different from prevention against natural calamities and from disaster relief, and includes critical information infrastructure (CII) maintained so that should be implemented by means of information & communication technology into the norm. In what follows, the International CIIP Handbook 2008/2009 is used as a research basis. The Subjects, including the coverage of CIIP, relevant policies promoted in America, are explored in order to provide our nation with some references to strengthen the security development of digital age. 1. Coverage of Important Critical Information Infrastructures Critical infrastructure is mainly defined in "Uniting and Strengthening our country by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, as known as Patriot Act of the U.S., in section 1016(e)2 . The term ‘critical infrastructure’ refers to "systems and assets, whether physical or virtual, so vital to our country that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters." In December 2003, the Department of Homeland Security (DHS) promulgated Homeland Security Presidential Directive 7 (HSPD-7)3 to identify 17 Critical Infrastructures and key resources (CI/KR) ,and bleuprinted the responsibility as well as the role for each of CI/KR in the protection task. In this directive, DHS also emphasized that the coverage of CI/KR would depend on the real situations to add or delete sectors to ensure the comprehensiveness of critical infrastructure. In March 2008, DHS added Critical Manufacturing which becomes the 18th critical infrastructure correspondent with 17 other critical infrastructures. The critical infrastructures identified by DHS are: information technology, communications, chemical, commercial facilities, dams, nuclear reactors, materials and waste, government facilities, transportation systems, emergency services, postal and shipping, agriculture and food, healthcare and public health, water, energy (including natural gas, petroleum, and electricity), banking and finance, national monuments and icons, defense industrial Base, and critical manufacturing. 2. Relevant Policies Previously Promoted With Critical Infrastructure Working Group (CIWG) as a basis, the President's Commission on Critical Infrastructure Protection (PCCIP) directly subordinate to the President was established in 1996. It consists of relevant governmental organizations and representatives from private sectors. It is responsible for promoting and drawing up national policies indicating an important critical infrastructure, including natural disasters, negligence and lapses caused by humans, hacker invasion, industrial espionage, criminal organizations, terror campaign, and information & communication war and so on. Although PCCIP no longer exists and its functions were also redefined by HDSP-7, the success of improving cooperation and communication between public and private sectors was viewed as a significant step in the subsequent issues on information security of critical infrastructure of public and private sectors in America. In May 1998, Bill Clinton, the former President of the U.S., amended PCCIP and announced Presidential Decision Directive 62, 63 (PDD-62, PDD-63). Based on these directives, relevant teams were established within the federal government to develop and push the critical infrastructure plans to protect the operations of the government, assist communications between the government and the private sectors, and further develop the plans to secure national critical infrastructure. In addition, concrete policies and plans regarding information security of critical infrastructure would contain the Defence of America's Cyberspace -- National Plan for Information Systems Protection given by President Clinton in January, 2000 based on the issue of critical infrastructure security on the Internet which strengthens the sharing mechanism of internet information security messages between the government and private organizations. After 911, President Bush issued Executive Order 13228 (EO 13228) and Executive Order 13231 to set up organizations to deal with matters regarding critical infrastructure protection. According to EO 13228, the Office of Homeland Security and the Homeland Security Council were established. The duty of the former is mainly assist the U.S. President to integrate all kinds of enforcements related to the protection of the nation and critical infrastructure so as to avoid terrorist attacks, while the latter provides the President with advice on protection of homeland security and assists to solve relevant problems. According to EO 13228, the President's Critical Infrastructure Protection Board directly subordinate to the President was established to be responsible for offering advice on polices regarding information security protection of critical infrastructure and on cooperation plans. In addition, National Infrastructure Advisory Council (NIAC), which consists of owners and managers of national critical infrastructure, was also set up to help promote the cooperation between public and private sectors. Ever since the aforementioned executive order, critical infrastructure protection has been more concrete and specific in definition; for instance, to define critical infrastructure and its coverage through HSPD-7, the National Strategy for Homeland Security issued in 2002, the polices regarding the National Strategy to Secure Cyberspace and the National Strategy for Physical Protection of Critical Infrastructure and Key Assets addressed by the White House in 2003; all of this are based on the National Strategy for Homeland Security. Moreover, the density of critical infrastructure protection which contains virtual internet information security was enhanced for the protection of physical equipment and the protection from destruction caused by humans. Finally, judging from the National Infrastructure Protection Plan (NIPP), Sector-Specific Plans (SPP) supplementing NIPP and offering a detailed list of risk management framework, along with National Strategy for Information-Sharing, the public-private partnership (PPP) and the establishment of information sharing mechanism are highly estimated to ensure that the network of information security protection of critical infrastructure can be delicately interwoven together because plenty of important critical infrastructures in the U.S. still depend on the maintenance and operation of private sectors. 1.Cf. Luiijf, Eric A. M. , Helen H. Burger, and Marieke H. A. Klaver, “Critical Infrastructure Protection in the Netherlands：A Quick-scan”. In：Gattiker, Urs E. , Pia Pedersen, amd Karsten Petersen (eds. ) . EICAR Conference Best Paper Proceedings 2003, http://cip.gmu.edu/archive/2_NetherlandsCIdefpaper_2003.pdf （last accessed at 20. 07. 2009） 2.For each chapter of relevant legal cases, please visit http://academic.udayton.edu/health/syllabi/Bioterrorism/5DiseaseReport/USAPatriotAct.htm. The text regarding the definition of critical infrastructure is cited as "Critical Infrastructure Defined- In this section, the term “critical infrastructure” means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matter. " 1.Cf. Luiijf, Eric A. M. , Helen H. Burger, and Marieke H. A. Klaver, “Critical Infrastructure Protection in the Netherlands：A Quick-scan”. In：Gattiker, Urs E. , Pia Pedersen, amd Karsten Petersen (eds. ) . EICAR Conference Best Paper Proceedings 2003, http://cip.gmu.edu/archive/2_NetherlandsCIdefpaper_2003.pdf （last accessed at 20. 07. 2009） 2.For each chapter of relevant legal cases, please visit http://academic.udayton.edu/health/syllabi/Bioterrorism/5DiseaseReport/USAPatriotAct.htm. The text regarding the definition of critical infrastructure is cited as "Critical Infrastructure Defined- In this section, the term “critical infrastructure” means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matter. " 3.Introduction of Consumer Protection in Taiwan , Republic of China , Consumer Protection Commission (CPC), Executive Yuan.http://www.fas.org/irp/offdocs/nspd/hspd-7.html ( Last visit 2008/6/27 )

A Survey of Taiwanese Citizens' Awareness of Personal Data

A Survey of Taiwanese Citizens' Awareness of Personal Data 2025/05/14 I.Preface Recent discussions have centered on personal data issues, such as corporate data breaches and recurring incidents of fraud. As a result, the security of personal data has received growing emphasis, prompting relevant authorities to issue public statements and advocate for legislative responses. To facilitate a deeper understanding of personal data awareness among the citizens of our nation, this study employed a questionnaire survey to assess basic knowledge of the Personal Data Protection Act and privacy regulations. It also examined levels of trust in entities that may hold personal data, including their types and usage contexts. The objective is to explore public attitudes toward such entities and to analyze the demographic factors influencing personal data awareness, thereby providing a reference for the future development of mechanisms to strengthen data literacy and enhance public trust. II.Research Objectives and Methodology By identifying demographic groups with lower awareness of personal data issues and helping them clarify relevant concepts, and promoting personal data certification for entities with lower levels of public trust, this study aims to reduce public concerns and build greater confidence. It also examines the characteristics of entities that positively influence individuals’ willingness to share personal data, with the goal of guiding such organizations in strengthening their data protection practices. Ultimately, these improvements are expected to enhance public trust and support the effective enforcement of personal data protection. The study employed a stratified random sampling method, with data collected via phone interviews. A total of 1,180 valid responses were obtained. The following sections present the key findings and offer recommendations based on the analysis. III.Raising Awareness and Clarifying Personal Data Concepts When assessing public understanding of basic personal data issues, responses showed a clear divide. While around 90% correctly answered questions about email account handling and the legal responsibilities of public sector agencies under the Personal Data Protection Act (PDPA), accuracy fell to around 10% for more complex scenarios. For example, many were unsure whether journalists covering car accidents need to notify involved individuals or whether telecom operators can transfer data to countries lacking equivalent PDPA protection. These results suggest that while some concepts are well understood, overall knowledge of the PDPA remains limited. Public understanding of sensitive personal data was also generally low. Except for medical records, recognition rates for other sensitive data types remained below 10%. On the other hand, many respondents mistakenly labeled general personal data as sensitive, showing both a lack of familiarity and a heightened sense of caution about data privacy among certain groups. Further analysis found elders, people with lower education and income, and those working in manual or domestic roles had a weaker grasp of what constitutes sensitive personal data. In contrast, individuals with higher education levels or professional roles tended to misclassify general data as sensitive, indicating stronger personal data protection awareness but also some confusion. Based on these findings, targeted awareness campaigns are recommended for groups with lower levels of understanding. These should not only clarify the definition of sensitive personal data but also address common misconceptions to help people develop a clearer and more accurate view of personal data protections under the PDPA. The study also found that people's answers could be used to identify patterns in their awareness. Correct answers indicated familiarity with personal data concepts, while incorrect ones often stemmed either from a lack of knowledge or from a more cautious and security-conscious mindset. Future research might explore this divide further to provide more specific policy recommendations. IV.Addressing Trust Gaps: Promoting Certification for Less-Trusted Entities In terms of public trust in different types of entities, medical institutions emerged as the most trusted. Trust levels varied by demographic group—women and elders, for example, had more confidence in academic institutions; people with lower incomes trusted health management centers or long-term care facilities more; and manual laborers and service workers were more likely to trust government agencies. In contrast, the least trusted entities were online shopping platforms, wearable device manufacturers, and health management tool providers. Even though online shopping is common, people still worry about how these platforms handle personal data. Similarly, despite the growing popularity of wearable health devices, skepticism about how these companies use data remains high. People aged 30–49, those with higher levels of education, and higher incomes were less likely to trust these companies. This supports earlier findings showing that these groups are more aware of personal data security issues. Therefore, efforts to improve trust should focus on less trusted entities and promote the adoption of personal data protection certifications. V.Building Trust through Personal Information Management System The study also looked at what specific organizational features increase public trust. These can be grouped into three categories: certification, type of entity, and size. The certification of personal data protection standards played a key role. Many people expressed more trust in entities that have earned formal personal data protection certifications, especially those bearing nationally recognized seals or certifications. Younger people, those with higher levels of education or income, professionals and students were especially likely to view certification as important. As for type of entity, most respondents expressed greater trust in domestic Taiwanese enterprises, and this preference was more pronounced among people with higher education. Meanwhile, companies linked to China or with Chinese investment backgrounds tended to be viewed with less trust. Interestingly, older respondents were less affected by organizational origin in their willingness to share personal data. When it came to size of the entity, over half of the respondents indicated they were more likely to trust larger companies. Younger, more educated, and higher-income individuals were especially inclined to trust larger entities. Occupations such as students, technical workers, administrative staff, and service workers also showed a similar tendency. To summarize, entities that are certified in personal data protection, are based in Taiwan, and are relatively large tend to earn greater public trust. Since an entity's type and size are often fixed, it is recommended that efforts focus on obtaining recognized personal data protection certifications. For entities currently lacking public trust or facing scrutiny, adopting standards like the Taiwan Personal Information Protection and Administration System (TPIPAS) and running public education campaigns may help to improve trust and meet the goals of personal data security and protection.

Introduction to Critical Infrastructure Protection

The 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.

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.

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