Stan Abram

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Published on October 12, 2007

Author: Eagle

Source: authorstream.com

Slide1:  CHINA IS CLICKING Presented by Stan Abrams Lehman, Lee & Xu Roadmap:  Roadmap Introduction Why China is different State of the industry Regulatory environment (or lack thereof) What you need to know Explaining the slow regulatory response to the Internet in China:  Explaining the slow regulatory response to the Internet in China Civil vs. Common Law Ability to quickly respond to emerging issues China’s style of legal reform Experiment first, regulate as necessary So how quickly can China’s legal system respond to regulation of cutting-edge areas? The “Old” Days:  The “Old” Days Concept of e-commerce was introduced in China in 1993 First online transaction in China was conducted in 1996 Dot Com boom in China The good, the bad, the horrific The legacy The Present Day:  The Present Day 111 million netizens 1.1 million .CN Chinese domain names had been registered by the end of 2005 Over 830,000 2nd & 3rd level .CN domains (.com.cn, .net.cn, .org.cn) have been registered The Present Day:  The Present Day 10,000 new Chinese domain names are registered each month E-commerce sales hit 553.1 billion yuan (US$68.72 billion) in 2005 Consumer-to-consumer (C2C) market is the new growth market with a turnover of 13.5 billion yuan (US$1.68 billion) Number of items available online has exceeded 60 million Statistical Survey Report on the Internet Development in China:  Statistical Survey Report on the Internet Development in China Conducted by China Internet Network Information Center Data Source: CNNIC (as of 12/31/2005):  Data Source: CNNIC (as of 12/31/2005) China and tech leapfrogging Data Source: CNNIC (as of 12/31/2005):  Data Source: CNNIC (as of 12/31/2005) Internet cafes & gaming Data Source: CNNIC (as of 12/31/2005):  Data Source: CNNIC (as of 12/31/2005) Tech savvy & access issues Data Source: CNNIC (as of 12/31/2005):  Data Source: CNNIC (as of 12/31/2005) Data Source: CNNIC (as of 12/31/2005):  Data Source: CNNIC (as of 12/31/2005) Challenges :  Challenges Some “hurdles” in e-commerce development Law and regulation are incomplete What is the real effect on: industry; FDI? Lack of credit culture (changing rapidly) Dissemination of technology and infrastructure (but keep this in perspective) E-commerce Legislation:  E-commerce Legislation Electronic Signature Law (’05) Protection of Copyright on the Internet (’05) Domain Name Dispute Resolution (’03 – ’05) Various FDI Regulations Electronic Signature Law:  Electronic Signature Law China’s first e-commerce legislation Took effect from 1 April 2005 Main objectives:- regulate e-signatures legalize e-signatures safeguard legal interests Possible government motivations for doing this first? Electronic Signature Law:  Electronic Signature Law Electronic Documents requirements to be satisfied:- capable of representing the reliability and accuracy of contents in a format that accurately represents the content of the document Electronic Signature Law:  Electronic Signature Law Electronic Documents message deemed originated from the sender if:- transmission authorized by the sender transmitted automatically by the sender’s information system message verified by the recipient using a procedure previously agreed to by the sender Electronic Signature Law:  Electronic Signature Law Electronic Documents out deemed sent in deemed received Sender’s Control Recipient’s Info System Electronic Signature Law:  Electronic Signature Law Electronic Signatures same legal effect as a handwritten signature or seal reliable if:- e-signature creation data used is in the exclusive control of the signatory What You Need to Know:  What You Need to Know E-commerce vs. content provision the importance of money FDI Restrictions Protecting and securing the investment Licensing and partnering Security and enforcement Don’t forget IP Prognostication:  Prognostication Rapid introduction of credit culture Definitely Continued growth of middle class Signs are promising Hi-tech infrastructure Bigger cities yes, elsewhere mixed Solving the income gap disparity problem That’s a tough call Why didn’t he talk about . . .:  Why didn’t he talk about . . . Data privacy issues? Net censorship? Google, Yahoo! and the Chinese government? Slide23:  Many Thanks 谢谢 sabrams@lehmanlaw.com

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