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Implementing Information Security to Protect Individuals' Privacy

The development of new technology is bound to have both positive and negative effects. However, when a new technology is first introduced, it is common for insufficient attention to be paid to its negative aspects, either because there has not been time to accumulate sufficient experience in using it or because users are blinded by the potential benefits. It is only later, when the technology begins to be abused, that people wake up to the potential dangers. The evolution of computers and the Internet is a classic example of this phenomenon. While the rapid development of information technology has helped to stimulate the flow of information in every corner of society, cyberspace has also become the setting for a wide range of criminal activities. In many cases, countries' existing legal and regulatory frameworks have proved inadequate to cope with the threat posed by the various forms of unauthorized access. A variety of forms of cyber-crime have developed, including denial-of-service attacks, unauthorized accessing of databases, phishing, identity theft and online fraud or intimidation. Cyber-crime may involve making unauthorized use of individuals' personal information, stealing companies' confidential business information or selling state secrets; these new types of crime thus affect every level of society. The effects can be catastrophic, hence the growing importance is now being attached to information security, including both the establishment of effective management mechanisms to prevent cyber-crime from occurring in the first place and the development of the capabilities needed to detect such crime when it occurs. Recognizing the need to plug the gaps in the existing legal and regulatory framework in the face of cyber-crime, countries all over the world are working on the formulation of new legislation, and Taiwan is no exception. The following sections will discuss the key developments in the laws and regulations governing information security in Taiwan in recent years.

I. The Convention on Cyber-crime and Chapter 36 of Taiwan’s Criminal Code (offences relating to the abuse of computers)

Today, governments throughout the world are formulating measures to combat criminal activity that makes use of the Internet (cyber-crime). In many cases these measures are based on the Convention on Cyber-crime announced by the European Commission on November 23, 2001, and which came into effect on July 1, 2004. This convention is the first international agreement to be established specifically to combat cyber-crime. Its contents include discussion of the various types of cyber-crime, regulations governing the obtaining of electronic evidence, provisions for mutual assistance between nations in judicial matters with respect to cyber-crime and measures to encourage multilateral collaboration. The European Commission asked all signatory nations to revise their own national laws so that they conform to the provisions of the Convention, with the aim of establishing a unified international framework for combating cyber-crime.

Responding to the international trend towards the enactment of legislation to fight cyber-crime and to eliminate any loopholes in Taiwanese law that might result in Taiwan becoming a haven for cyber-criminals, on June 25, 2003 the Taiwanese government added a new chapter, Chapter 36 (Offences Relating to the abuse of Computers) to Taiwan's Criminal Code. It contains six articles covering four types of crime: unauthorized access (Article 358), the unauthorized acquisition, deletion or titleeration of electromagnetic records (Article 359), unauthorized use of or interference with a computer system (Article 360) and creating computer programs specifically for the perpetration of a crime (Article 362). Article 361 specifies that more severe punishment should be imposed in the case of violations carried out against the computers or other equipment of a public service organization, and Article 363 states that the provisions of Articles 358–360 shall apply only after prosecution is instituted upon complaint. These new articles provide a clear legal basis for the punishment of common types of cyber-crime such as unauthorized access by hackers, the spreading of computer viruses and the use of Trojan horse programs. In formulating these articles, reference was made to the categorization of cyber-crimes used in the Convention on Cyber-crime and to the suggestions for revision of national laws put forward there. Article 36 is thus in broad conformity with current international practice in this regard and can be expected to achieve significant results in terms of combating cyber-crime.

II. The authority of law enforcement to get evidence and ISPs liability

In its discussion of the securing of electromagnetic records by law enforcement agencies, the Convention on Cyber-crime notes that such securing of records falls into two broad categories: immediate access and non-immediate access. Immediate access includes the monitoring of communications by law enforcement agencies, non-immediate access relates mainly to the data retention obligations imposed on Internet Service Providers (ISPs).

As regards the regulatory framework for the monitoring of communications, Communications Protection and Surveillance Act came into effect in Taiwan on July 16, 1999. According to its provisions, monitoring of communications may only be implemented when it is deemed necessary to protect national security or to maintain social order. Warrants for such surveillance may only be issued if the content of the communications is related to a threat to national security or to the maintenance of social order. Furthermore, the crime in question must be a serious one. In principle, the period for which surveillance is implemented should not exceed 30 days. These restrictions reflect the government’s determination to ensure that citizens' right to privacy is protected.

While the Internet is an environment conducive to the maintenance of anonymity, electromagnetic records are easy to erase. Effective investigation of cyber-crime requires automatic recording of communications by the equipment used to transmit the messages, that is to say, it requires the retention of historic data. As regards the extent to which companies are required to collaborate with law enforcement agencies and the conditions applying to the making available of electromagnetic records, these issues relate to the public's right to privacy, and the law in this area needs to be very clear and precise. For the most part, data retention obligations are laid down in Taiwan’s Telecommunications Act. In Taiwan ISPs are classed as "Type II Telecommunications Operators". Article 27 of the Administrative Regulations on Type II Telecommunications Businesses stipulates that Type II telecommunications operators may be required to confirm the existence of, and provide the contents of, customers' communications for the purpose of investigation or collection of evidence upon request in accordance with the requirements of the law. ISPs are required to retain, for a period of between 1 and 6 months, data relating to the account number of subscribers, the times and dates of communications, the times at which subscribers logged on and off, free e-mail accounts, the IP addresses used when applying for Web space and the time and date when such applications were made, the IP address used to make postings on message boards and newsgroups, the time and date when such postings were made and subscribers' e-mail communications records. If a Type II telecommunications operator violates these provisions, he may be fined between NT$200,000 and NT$1 million and be required to remedy the situation within a specified time limit in accordance with Paragraph 2 of Article 64 of the Telecommunications Law. If he fails to remedy the situation within the specified time limit, his license may be revoked.

III. The Legal Framework for Personal Data Protection

titlehough, as outlined above, some revisions have already been made to the legal framework governing information security, there are still many areas which need to be reviewed. One of the most important is the protection of personal information. Following the explosive growth of the Internet, customer-related information is being processed by computers on a large scale in many different industries. With so many companies collaborating with other firms or adopting new marketing methods, the value and importance of personal information is being reassessed. The dramatic increase in the number of online scams in Taiwan in recent years has made the protection of privacy a focus of attention. The existing Computer-processed Personal Data Protection Law, drawn up to target specific industries, does not really provide adequate protection.

A new Personal Data Protection Act, drawn up with reference to the European Union’s Directive (95/46/EC) on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data and the personal information protection legislation adopted in the USA and Japan, has already been submitted to the Legislative Yuan for deliberation. The key differences between this new Act and the existing Computer-processed Personal Data Protection Law are as follows. Protection is no longer industry-specific, it now applies to both natural and juristic persons and to both public and private agencies. The scope of protection has been expanded to include hard copies of documents containing personal information, and five new types of "sensitive information" – information relating to criminal records, medical examinations, medical records, sexual history and genetic information – have been added. Special restrictions apply to the collection and processing of these types of data. The Personal Data Protection Act also imposes stricter requirements on public and private agencies with regard to the protection of individuals' personal data. For example, agencies must formulate personal data protection plans and measures for dealing with personal data once those data are no longer needed for business purposes. If an agency discovers that an individual's personal data have been stolen, leaked, titleered or violated in any way, they are required to notify by telephone or letter the agency responsible for notifying the individual concerned as soon as possible. If these provisions are violated, the agency's responsible person will be liable for administrative punishment. The new Act also gives regulatory authorities greater powers to undertaking auditing in this area, makes provision for class action suits and increases the amount of compensation to be paid to victims. It is expected that these mechanisms will help boost awareness of the importance of information security in all sectors, thereby helping to ensure better protection for the public's personal information.

IV. Management of Unsolicited Commercial E-Mail

The widespread utilization of e-mail has created a brand new marketing channel, so that e-mail can fairly be described as one of the most important "killer applications" to which the Internet has given rise. Today, spamming is causing serious problems for both e-mail users and ISPs. E-mail users are concerned about their privacy being violated and about having their e-mail box stuffed full of junk e-mail. Spamming also ties up bandwidth which could be used for other purposes, and Distributed Denial of Service Attacks (DDOS) can make it difficult for ISPs to provide normal service to their customers. Governments throughout the world have begun to consider whether anti-spamming legislation may be necessary. In Taiwan draft legislation of this type has already been submitted to the Legislative Yuan.

Taiwan's Anti-SPAM Act was drawn up with reference to the USA's CAN-SPAM Act of 2003, Japan's Law on Regulation of Transmission of Specified Electronic Mail, Australia's SPAM Act and the UK's Privacy and Electronic Communications (EC Directive) Regulations 2003. The draft SPAM Act contains 13 articles, with an emphasis on self-regulation, technology filtering and provision for seeking compensation through civil action. The Act provides for the use of an "opt-out" mechanism to regulate the behavior of e-mail senders, with the following obligations to be imposed on them. (1) The sender must specify in the "Subject" field of the e-mail whether it is a "business communication" or "advertising" to facilitate filtering by ISPs and to make clear to the recipient what type it is. (2) The sender must provide accurate information, including header, information on the sender's identity and the sender's e-mail address. (3) E-mails may not be sent if the sender knows or could be expected to know that the intended recipient has already expressed a wish not to receive e-mail from this source. E-mails may also not be sent if the sender knows or could be expected to know that the information in the "Subject" field is inaccurate or misleading. If the sender continues to send e-mails after the recipient has expressed a clear wish not to receive any more from the sender or if the sender falsifies the "Subject" or header information, then the sender may be required to pay compensation to the recipient at a rate of NT$500–2,000 per person per e-mail.

With regard to the widespread practice whereby companies or advertising agencies commission third parties to send junk e-mail on their behalf, in cases where the commissioning party knows or could be expected to know that e-mail is being sent in violation of the above regulations, the commissioning party shall be held jointly liable with the party sending the e-mail. Through the implementation of this new law, the government hopes to establish a first-class Internet environment in Taiwan, putting an end to the current situation whereby large numbers of businesses are engaged in spamming.

V. Conclusions

Security is the biggest single factor affecting the implementation of e-government initiatives, e-business application adoption and Internet user confidence. Most people associate information security only with the purchasing of security hardware or software and the setting up of firewalls. While these products can indeed help to make the online environment more secure, Internet users should not allow themselves to be lulled into thinking that buying these products will in and of itself be sufficient to ensure security. "Security" is a fluid concept. Over time, the level of security that even a high-end product can provide will deteriorate; the fact that your system is secure now does not guarantee that it will remain secure in the future. Evidence that this is true is provided by the damage that is constantly being caused by viruses, by the need to constantly update security products and by the shift in emphasis away from virus prevention and firewalls towards preventing "backdoor" attacks and towards proactive intrusion detection. Furthermore, the information security risks that companies and organizations have to deal with are not limited to external threats; poor internal management may result in employees selling or leaking customer data or other company data, which can cause serious damage to the organization.

Examination of information security theory and practice in Taiwan and overseas suggests that the establishment of effective information security measures embraces four main areas: the detection of cyber-crime, development of new information security technologies and formulation of standards, education and management of computer users and regulatory and policy issues. The most important of these is the education and management of computer users. Detection of cyber-crime is the next most important, while development of new technologies and standard setting and the regulatory and policy aspects play a supporting role. To create a genuinely secure online environment, attention must be paid to all of these. Today governments throughout the world are formulating new legislation to plug the gaps in the regulatory framework governing the online environment. Given the need to let the market mechanism operate freely and to refrain from measures that might retard industrial development, government interference in the Internet, with the exception of crime prevention activity, has generally been viewed as a last resort. Currently the government in Taiwan is still focusing mainly on self-regulation by Internet service providers and other types of business enterprise, and the government's role is still largely confined to formulating standards and assisting with the development of new security products. The area on which both the government and the private sector will need to concentrate in the future is educating and ensuring effective management of computer users.

※Implementing Information Security to Protect Individuals' Privacy,STLI, https://stli.iii.org.tw/en/article-detail.aspx?no=86&tp=2&i=169&d=6131 (Date:2024/05/17)
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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.

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.

The effective and innovative way to use the spectrum: focus on the development of the "interleaved/white space"

1. Prologue Flexible and collective usage of spectrum is the mainstream in the modern times. Julius Genachowski, chairman of the Federal Communications Commission, delivered the keynote address to the CTIA-Wireless Association convention on Oct. 7, 20091. He said the U.S. government has been tripling the amount of spectrum available for commercial uses. The problem is that many industry experts predict wireless traffic will increase 30 times because of online video and other bandwidth-heavy applications. Accordingly, he warned that the shortage of spectrum would be a crisis for the on-going evolution of mobile broadband communication. Therefore, it’s critical for using precious spectrum effectively. Now, with the breakthrough of ICT, there is an alternative solution to this crisis: "application of interleaved/white space". 2. The cure for shortage of the spectrum To solve the shortage and ineffective use of scarce spectrum, developed countries have innovated technology to overcome the dilemma. Accordingly, the cognitive radio (CR) network with OFDMA (Orthogonal Frequency Division Multiple Access)2 systems, namely "spectrum sensing", to use the interleaved/white space is the therapy nowadays, especially after digital switchover (DSO). CEPT (European Conference of Postal and Telecommunications Administrations) identified "white space" as a part of the spectrum, which is available for a radio-communication application (service, system) at a given time in a given geographical area on a non-interfering / non-protected basis with regard to primary services and other services with a higher priority on a national basis. Specified clearly, the wording of "White Spots" or "White Spaces" or "Interleaved Spectrum" applied by CEPT has been used to introduce a concept of frequency spectrum which is potentially available at a given time for further utilization within frequency spectrum originally planned for broadcasting in GE063. The current CEPT view is that any new white space applications should be used on a non protected non interfering basis. Further studies are required into the framework needed to enable the use of CR devices within white space spectrum. Meanwhile, Millions more — both rural and urban — couldn’t afford computers and internet access in the United States. Yet big telephone and cable companies won’t bring broadband internet to rural America. Therefore, U.S. administration takes it seriously and considers to bridge the "digital gap" via CR networks for using white space to high-speed wireless internet access in rural area. Moreover, innovative way to use the spectrum after DSO could also satisfy the demand of band immediately with National Broadband Plan which proposed by President Barack Obama. 3. The definition and function of "white/interleaved space" In a word, the spectrum licensed to commercial use or public safety is not always occupied totally all the time. Accordingly, some bands are vacant just like "white" or "interleaved". If communicators use these interleaved and fragmented bands temporally, the spectrum-usage will be more effective and the cost of the spectrum now we used will be much lower. Not only U.S but also UK regulator Ofcom has published a discussion document to explore the possibility of using interleaved spectrum to wirelessly link up different devices and offer enhanced broadband access in rural areas. The idea is based on the development of technology that could search for unoccupied radio waves between TV channels to transmit and receive wireless spectrum. Take DSO in U.S. for example, when TV goes digital in June, 2009, TV broadcasters will use only a small portion of the public airwaves they are allocated.4 This is because digital transmissions can be packed into adjacent channels, while analog ones cannot. This means that the band can be "compressed" into fewer channels, while still allowing for more transmissions, which could result in a kind of "white space" (or so-called digital dividend) mentioned above. In most rural areas, 60 to 70 percent of these digital airwaves will be vacant. It goes without saying that those bands will be idle, which will also increase the cost the spectrum-usage. However, the TV band can carry a broadband signal that penetrates buildings, travels great distances, and penetrates heavy foliage. If people could search the "spectrum hole", off course, with CR or DSA (Dynamic Spectrum Sensing), and then link up those unoccupied band for wireless communication, the compelling needs of spectrum will be eased. Most important of all, this innovative way fits the trend of collective and flexible spectrum usage in 3G/4G era. 4. The key to open "white space" Undoubtedly, the WSD (White Space Devices) is the key to open the new gate. FCC issues some R&O to test WSD for welcoming white space. On October 5, 2007, OET (the Office of Engineering and Technology) of FCC issued a public notice inviting submittal of additional prototype devices for further tests (Phase II). On February 24, 2010, OET selected Wilmington, North Carolina, for the test market for the DTV transition, and unveiled a new municipal Wi-Fi network, after a month of testing. OET permitted that TV Band has an 18-month experimental license.5 For the goal of "smart city", the network has used the white space made available by the end of analog TV transmission. Spectrum Bridge (a famous company devoted to working out WSD and solution to white space)6 has worked to make sure TV stations in the market do not receive interference (no interference issues have been reported), and the company hopes to do the same if similar service becomes nationwide. The "smart city" network will not compete with cell phone companies but will instead be used for "national purposes", including government and energy monitoring (i.e. Smart Grid). TV Band Network, made up of private investors, has put up cameras in parks, and along highways to show traffic. Other uses include water level and quality, turning off lights in ball parks, and public Wi-Fi in certain areas.7 This success has promptly encouraged those have eyed unlicensed band/devices for wireless broadband internet access, especially the White Spaces Coalition8. The White Spaces Coalition consists of eight large technology companies that originally planned to deliver high speed broadband internet access beginning in June 2009 to United States consumers via existing white space in unused television frequencies between 54-698 MHz (TV Channels 2-51). The coalition expects speeds of 80 Mbps and above, and 400 to 800 Mbps for white space short-range networking9. Therefore, the Coalition hasn’t only pushed FCC to free up the band, namely unlicensed-band approach, but also eagerly innovated the WSD and advanced IT technology (i.e. Geo-Location, CR, DSA, OFDMA and IEEE 802.2210 …etc. ) to promote the awareness of white space. 5. How to use the key to unlock the door ? First of all, Geo-Location technology is the threshold to use the white space. Geo-Location is the identification of the real-world geographic location of Internet-connected computers, mobile devices, website visitors or others. In avoidance of band-interference and public safety communication, users mustn’t interfere with the prior ones, or s/he couldn’t access the band via WSD. Thus, Geo-Location can assist WSD users, just like a beacon, to avoid the occupied band and keep them away from nearby transmissions. Second, a spectrum database that contains Geo-Location information about devices using the free channels in the radio spectrum and some strong database managers are needed. Frankly speaking, the original idea was that WSD would detect existing users and switch frequencies to avoid them, but that's technically dubious and hasn't been demonstrated to FCC's satisfaction. So the proposed solution requires devices to locate themselves then connect to a database which will allocate a frequency along with a timeout, after which the device will have to repeat its request. For example, the followings are the necessary information in the TV database. • Transmitter coordinates (latitude and longitude), • Effective radiated power (ERP), • Height above average terrain of the transmitter (HAAT), • Horizontal transmit antenna pattern (if the antenna is directional), • channel number, • Station call sign. In a word, in order to protect existing broadcasters, FCC mandated the creation of a Geo-Location database that details what spectrum is in use and where. Furthermore, the idea is that unlicensed broadband devices will tap this database before sending or receiving data, using the info in tandem with spectrum sensing technologies to avoid interference. Accordingly, White Spaces Database (WSDB) was introduced, a DB which would permit public access to register and discover devices and the frequencies used based on their location11. This database would be used in conjunction with local device discovery to avoid contention between devices. FCC has worried about that no one has ever run a radio system like this, so no one can really claim experience in the area (though most of the proposals try). The FCC commissioner Robert McDowell has raised an eyebrow at Google's request to serve as an administrator of a national database detailing the use of white-space spectrum. Google proposes the operation of a WSDB for at least five years, promising to "transfer to a successor entity the Database, the IP addresses and URLs used to access the Database, and the list of registered Fixed WSD" in case they cannot live up to it. Google does not plan to "implement per-query fees"12 , but they are considering a per-device fee. No decision has been made yet, but the FCC allows a WSDB administrator to charge such fees.13 Finally but innovating initially, it’s the Cognitive Radio system (CR). There are various definitions of CR. Herewith the paragraph 10 of the FCC 03-322 NPRM, the definition of Cognitive Radio could be specified as a radio that can change its transmitter parameters based on interaction with the environment in which it operates. The following figure shows how the Cognitive Radio System does work. Figure 1.Cognitive Radio System Let’s explain it more clearly and vividly. Imagine a radio which autonomously detects and exploits empty spectrum to increase your file transfer rate. Suppose this same radio could remember the locations where your calls tend to drop and arrange for your call to be serviced by a different carrier for those locations. These are some of the ideas motivating the development of cognitive radio. In effect, a cognitive radio is a software radio whose control processes leverage situational knowledge and intelligent processing to work towards achieving some goal related to the needs of the user, application, and network. Although cognitive radio was initially thought of as a software-defined radio extension (Full Cognitive Radio), most of the research work is currently focusing on Spectrum Sensing Cognitive Radio. In other words, the focus on CR has been switched into "DSA" (Dynamic Spectrum Access) nowadays.14 Therefore, some fellows replace Cognitive Radio with "Cognitive Systems" for accurate description.15 The following is the figure to show the function of DSA to detect "spectrum hole" that could be used as TV white space.16 Figure 2.The sensing of the spectrum hole "Digital dividend", one kind of interleaved/white space, has been viewed as precious band in Unite Kingdom, too. In U.K., its regulatory body, Ofcom, has also published a discussion document to explore the possibility of using these "dividend" to wirelessly link up different devices and offer enhanced broadband access in rural areas. Ofcom has predicted that could enable the use of the spectrum in this way would take at least three years to develop. Possible applications include mobile broadband, the transmission of home media such as photos from cameras to a computer wirelessly and the ability to control appliances in the home. Moreover, Ofcom firmly contended that if there was evidence that interference could be avoided, it would allow the use of interleaved spectrum without the need for individual licenses, the same as the FCC’s policy. However, local TV coalition United for Local Television (ULTV)17 has strongly criticized the Ofcom’s current proposal to appoint a band manager to "control" interleaved spectrum (and make it available to applications such as wireless microphones for special events) and to ensure that the spectrum is made available to local TV groups on fair, reasonable and non-discriminatory terms. According to current proposals, Ofcom’s "band manager" would be required to allocate spectrum to special event organizers on fair and non-discriminatory terms but not to local TV groups. ULTV has protested this unfair condition. In contrast, FCC has clearly issued the "2nd report" to mandate the bidder of upper 700 MHz D block should apply to fair and non-discriminatory terms. 6. Technological challenges for accessing white space In November 2008 the FCC issued an R&O on the unlicensed use of TV white space.18 The FCC regulated some vital requirements to rule the usage of TVWS in this document. These requirements impose technical challenges for the design of devices operating in TV white space spectrum, which brings new tough task for the innovation and production of WSD.19 These new rules provide an opportunity but they also introduce a number of technical challenges. The challenges require development of cognitive radio technologies like spectrum sensing as well as new wireless PHY and MAC layer designs. For example, the development of spectrum sensing techniques involves RF (Radio Frequency) design, robust signal processing, pattern recognition and networking protocols… etc. The choice of RF architecture is no longer merely a hardware issue, but will directly affect the upper layer performance. Furthermore, these challenges include spectrum sensing of both TV signals and wireless microphone ones, frequency agile operation, geo-location, stringent spectral mask requirements, and of course the ability to provide reliable service in unlicensed and dynamically changing spectrum.20 In addition, the FCC has strict out-of-band emission (OOBE) requirements to prevent interference with licensed transmissions in other channels. A detailed description of these out-of-band emission requirements and their impact on the transmission spectral mask for WSD is provided in Section VII of the R&O. Unfortunately, there are still other hurdles to be overcome. While the frequencies used by television stations do have a long reach and easily penetrate walls, it is important to remember that these signals are one-way communications, often broadcast from giant antennas at megawatts of power. For gadgets and computers, a much lower transmission power would be used, greatly decreasing the range of the White Space devices. So are we talking the Wi-Fi-like ranges here or 3G-like ranges? The National Association of Broadcasters has also questioned the ability of WSD to operate without interfering with television broadcasts. In addition, wireless microphones could be affected, although Google has proposed a "beacon" that could be utilized alongside existing wireless microphone equipment that would alert WSD not to operate on the same channel. Last but not least, how to ensure QoS of WSD users is implicit trouble. The Cognitive Radio system should provide that fast, robust, coordinated sensing and quite periods and to protect incumbents as well as provide QoS. It will be a dilemma faced by the regulatory bodies and ICT industry. Another real-world problem is that there are no WSD for consumers and even if someone comes out with a new product, it will likely be very expensive since it isn’t widely produced,21 although Spectrum Bridge has proven one example mentioned above. Nevertheless, some people still criticized what Spectrum Bridge has done probably could have used 5 GHz for the point-to-point backhaul connections. "The Smart City" is using Wi-Fi for the last mile rather than white spaces because there are no white space devices on the consumer end. Rick Rotondo, chief marketing officer for Spectrum Bridge argued Spectrum Bridge tried using Wi-Fi at 2.4GHz, 5GHz would never have made it; 2.4 didn’t make it. However, Spectrum Bridge did use Wi-Fi for the last hundred feet, not the last mile, but for the last hundred feet because there are Wi-Fi receivers built into laptops and smartphones and that’s who we wanted to be able to connect to this network. It sounds like a tautology. 7. What’s beyond the white space ? What kind of ICT could people apply to after getting the white/interleaved space? "Super Wi-Fi" is the first application connected with white space. As Larry Page, co-founder of Google, has described that white spaces are like "Wi-Fi on steroids" linked up wireless internet with much faster speeds, stronger signals and more affordable costs. Besides, there are other advanced ICT could function via white space, such as LTE, IPTV, MediaFLO, DVB-H, ISDB-T, MVNO, ITS (DSRC) and so on. 8. Vision: Legal challenges for accessing white space in Taiwan Although not mentioned above, FCC indeed allows the secondary-market of spectrum boosting in U.S. That’s an important reason, or motivation, to develop white space applications and regulations. In other words, the spectrum, not the license, could be auctioned, leased, retailed, weaved and so on. However, the regulatory mode of communication in Taiwan is "Vertical Regulatory Framework", which would be an obstacle to evolve the spectrum-usage in contrast to U.S and EU. Under the interpretation of Legal Positivism, Taiwan Budget Act Article 94 states, "Unless otherwise provided for by law, grant of quota, frequency, or other limited or fixed amount special licenses shall be conducted by open auction or public invitation to tender and the proceeds of which shall be turned in to the national treasury." Hereby, the administration could really fulfill the legal assignment via public invitation to tender or auction for the "license", not the band. Nevertheless, the administration does not apply auction process to issue the licenses, but approaches the frequency licenses with "Radio and Television Act" and "Administrative Regulations on Radio Waves" which is promulgated under the Telecommunications Act in accordance with the first paragraph of 48, Section 1 of said Act instead. Step closely, Radio and Television Act Article 4 firmly states, "The frequencies used by radio/television businesses are owned by the state and their allocation shall be planned by the MOTC in conjunction with the regulatory agency. The frequencies mentioned in the preceding paragraph may not be leased, loaned, or transferred. (emphasis added)". This article has resulted in inflexible use of spectrum, and dragged the collective use of spectrum, too. Undoubtedly, only we have to do is to amend the article for accessing white space in accordance with Legal Positivism. Second, according to Administrative Regulations on Radio Waves, the National Communications Commission shall be responsible for the overall coordination and regulation of radio waves including radio frequencies, power, emission method and radio station identification call sign etc., which shall not be used or altered without approval. Thus, under the justice of legal system, NCC should revise the spectrum policy/regulations in harmony with Administrative Regulations on Radio Waves. For example, the Article 6 and 10 separately regulates, "The radio equipment shall adopt the latest technical advances to limit the number of frequencies and the frequency bandwidth used to the minimum essential for the necessary services. The frequency assigned to a station of a given service shall be separated from the limits of the band allocated to this service in such a way that, taking account of the frequency band assigned to a station, no harmful interference is caused to services to which frequency bands immediately adjoining are allocated." Therefore, WSD indeed, even necessarily, should be applied to band management and revolution of ICT industry. Moreover, Central Regulation Standard Act Article 5 (embodied the principle of constitutional requirement of a specific enactment) also requires, "The following objects shall be stipulated by a statute: 1. It is required to stipulate by a statute as the Constitution or a statue expressly stipulated. 2. Stipulation concerns the rights or obligations of the people. 3. Stipulation concerns the organization of a government agency at national level. 4. Other objects with substantial importance shall be stipulated by a statute." The Legislative Yuan must consider to promote the status of Administrative Regulations on Radio Waves to Statue, which conforms to Constitutional requirement. To sum up, Taiwan administration should take white space seriously, or ICT in Taiwan will be doomed as if getting lost in "space". 9. ad hoc Conclusion :Do not lock the door of white space "Open access" is the most important canon in the usage of white space. In this meaning, there are two dimensions for open access. One is unlicensed band-usage, the other is unlicensed WSD which is also unlicensed and interlocks into different operators’ networks. The later is a big task in America. FCC’s decision was contested by the TV broadcasters who fear using the freed channels would interfered with TV signals and live singers who are using the same wave spaces.22 Larry Page also argued that unlicensed white spaces offer a way for the U.S. to catch up with the rest of the world in broadband access. Today, 10% of Americans still don't have access to DSL or cable broadband, according to consultancy Parks Associates. Fortunately, the first steps towards white space communications have already been taken and FCC has approved unlicensed use of the spectrum, but FCC requires a database of all known licensed users to be deployed in order to prevent from interfering with the existing broadcasts and devices already using the space, such as licensed TV broadcasts and some wireless microphones The second dimension is unlicensed WSD to compatible different network architecture. At first, the unlicensed devices must fit the criterion which could guarantee that they will not interfere with assigned broadcasts can use the empty white spaces in frequency spectrum. In order not to harm nearby transmission, the best way is to set a standard for WSD in one network built by certain operator. For example, if WSD users want to connect to Verizon Wireless’ network, s/he has to buy/use Verizon Wireless’ WSD. However, out of Verizon Wireless’ network, WSD users have to purchase/use another WSD. It will be inconvenient and raise the cost, but quench people’s desire to use WSD. As a result, FCC issued the R&O to prevent devices-locked, so-called "discriminatory QoS", from deploying the white space proposal. Accordingly, the mandatory rule indeed slows down the innovation of WSD. Obviously, unlicensed use of the vacant TV channels is an economic and social revival waiting to happen in rural areas. In addition, white/interleaved space will manage to fit the core principle of modern spectrum-development, "collective and effective use". There are so many merits to share the "dividend", but at this time, we are still far away the real "white space". The situation in Taiwan is much worse unfortunately. 1.See FCC official document,http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293891A1.pdf (last visited 03/05/2010) 2.OFDMA is a multi-user version of the popular Orthogonal frequency-division multiplexing (OFDM) digital modulation scheme. Multiple access is achieved in OFDMA by assigning subsets of subcarriers to individual users. This allows simultaneous low data rate transmission from several users. 3.See Final Acts of the Regional Radio-communication Conference for planning of the digital terrestrial broadcasting service in parts of Regions 1 and 3, in the frequency bands 174-230 MHz and 470-862 MHz (RRC-06). 4.In the United States, the abandoned television frequencies are primarily in the upper UHF "700-megahertz" band, covering TV channels 52 to 69 (698 to 806 MHz). 5.See http://spectrumbridge.com/web/images/pdfs/smart_city-spectrumbridge.pdf visited on 2010/2/27. 6.http://spectrumbridge.com/web/ 7.See http://showmywhitespace.com/portals/1/Spectrum%20Bridge%20Launches%20White%20Spaces%20Network%20In%20Wilmington-New%20Hanover%20County.pdf visited on 2010/2/27. 8.The group includes Microsoft, Google, Dell, HP, Intel, Philips, Earthlink, and Samsung Electro-Mechanics. 10.The standardization is another crucial issue but will not be discussed in detail hereunder. 11.In February 2009, Google joined Comsearch, Dell, HP, Microsoft, Motorola, and Neustar to form the White Spaces Database Working Group (WSDG), an effort to build such a database.. 12.Actually, the database host will know where users are and the kit they're using, both of which are commercially valuable pieces of information. Google thinks that data will pay for the database, and Google is very good at extracting value from information; but even if it can't turn white space into gold, it will have five years to drive the competition out of business. 13.See generally Google’s proposal to FCC, http://www.scribd.com/doc/24784912/01-04-10-Google-White-Spaces-Database-Proposal visited on 2010/2/28. 14.Specifying clearly, the main mechanism of CR is including, but not limited to DSA. 15.Evolution of Cognitive Radio toward Cognitive Networks is under process, in which Cognitive Wireless Mesh Network (i.e. Cog-Mesh) is considered as one of the enabling candidates aiming at realizing this paradigm change. 16.Test conducted in the rural sector west of Ottawa, Canada. See C. R. Stevenson, G. Chouinard, W. Caldwell,Tutorial on the P802.22.2 PAR for :"Recommended Practice for the Installation and Deployment of IEEE 802.22 Systems," IEEE802, San Diego, CA, 7/17/06 http://grouper.ieee.org/groups/802/802_tutorials/july06/Rec-Practice_802.22_Tutorial.ppt. 17.United for Local Television ("ULTV") is a coalition of groups and campaigners who together lobby the government to recognize local TV as a public service. ULTV argues that all citizens should have access to local TV, no matter where they live, without having to subscribe to pay-TV or broadband. ULTV proposes that the government reserve capacity for local TV services on the most popular television platform in the UK today – digital terrestrial television (commonly known as "Freeview"). ULTV anticipates that local TV channels will provide local news and sport, together with a range of other local and networked programming. ULTV envisages local TV services would also provide local advertising, for the first time offering a cost-effective option for many local businesses seeking to advertise on terrestrial TV in their target market. 18.See Second Report and Order and Memorandum Opinion and Order In the Matter of Unlicensed Operation in the TV Broadcast Bands, Additional Spectrum for Unlicensed Devices Below 900 MHz and in the 3 GHz Band, Federal Communication Commission, Document 08-260, Nov. 14, 2008. 19.In detail, the FCC distinguished fixed WSD from portable one. There are different restrictions and requirements between them. 20.See http://ita.ucsd.edu/workshop/09/files/paper/paper_1500.pdf visited on 2010/2/20. 21.See http://www.digitalmediabuzz.com/2010/03/broadband-debate-white-space/ visited on 2010/3/17. 22.See http://lasarletter.net/docs/nabpet4review.pdf visited on 2010/2/25.

The 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).

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