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Davide Clementi

Between digital surveillance and individual protection: a juridical and comparative history of the Cyberspace Administration of China

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Abstract

With the advent of Internet technologies, as well as new opportunities and risks, the issue of national sovereignty within cyberspace – or cyber-sovereignty – has always been sensitive for Chinese official outlets and policymakers. Even before the promulgation of the cyberspace security law, which serves as the basic law of the Internet in China and digital infrastructures, with decree no. 33/2014, the government decided to reorganize its existing offices with Internetrelated responsibilities and created the Cyberspace administration of China (Cac). The Cac functions as the highest governmental authority and the Communist party’s office, given its nature as a «one institution with two names» This paper examines the history of the Cyberspace administration of China, comparing it to the Us and its role as a non-independent administrative authority. It will also explore the new powers granted to it under the cybersecurity law, the data security law, and the personal information protection law. Additionally, the Cac’s role in controlling and monitoring citizens while also protecting and preserving individual rights in the context of establishing a digital socialist rule of law will be evaluated

Keywords

  • People’
  • s Republic of China
  • Cyberlaw
  • Cyberspace Administration of China
  • Individual Protection
  • Digital Surveillance

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