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Twinning Europe and Asia in Cyberspace

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Authors: Prof. Melda Kamil Ariadno and Prof. Anis H Bajrektarevic

While our troposphere is dangerously polluted, one other space – that of intangible world, created by the interconnected technology– follows the same pattern: a cyberspace. Additionally, our cyberspace becomes increasingly brutalised by its rapid monetisation and weaponisation. It mainly occurs through privacy erosion. How to protect effectively individuals and their fundamental human rights, and how to exercise a right for dignity and privacy?

The EU now offers a model legislation to its Member States, and by its transformative power (spill-over) to the similar supranational projects elsewhere (particularly ASEAN, but also the AU, OAS, SCO, SAARC, LAS, etc.), and the rest of  world.

Rules and regulations to protect personal data do not trigger many sympathies.         The corporate world sees it as an unnecessary deterrent; as a limit to their growth – more to pay and less or slower to yield, innovate and expand. Governments would traditionally wish the rules should apply to every societal stakeholder but themselves. And citizenry by large too frequently behave benevolent, nearly careless whether their data is harvested or safeguarded at all.

However, such legislation is needed today more than ever before. The latest round of technological advancements was rapid, global and uneven. No wonder that in the aftermath of the so-called IT-revolutions, our world suffers from technological asymmetries: assertive big corporations and omnipresent mighty governments on one side and ordinary citizenry on the other. Even in the most advanced democracies today – such as the EU, personal autonomy is at the huge risk: Everyday simple, almost trivial, choices such as what to read, which road to take, what to wear, eat, watch or listen are governed (or at least filtered) by algorithms that run deep under the surface of software and devices. Algoritmisation of ‘will’ is so corrosive and deep that users are mostly unaware of the magnitude to which daily data processing rules over their passions, drives and choices.

Clearly, technology of today serves not only a Weberian predictability imperative – to further rationalise society. It makes society less safe and its individuals less free.

Societies are yet to wake up to this (inconvenient) truth. In the internet age of mobile, global and instant communications, people tend to focus more on the ‘here-us-now’ trends: goods, services, and experiences that the IT offers. Individuals are less interested on the ways in which privacy is compromised by software, its originators and devices – all which became an unnoticed but indispensable part of modern life. Despite a wish of many to grasp and know how data processing and harvesting affects them, population at large yet has no appetite for details.

But, the trend is here to stay – a steady erosion of privacy: bigger quantities of data are harvested about larger number of persons on a daily, if not hourly basis. Corporations and the central state authorities want more data and are less shy in how they obtain and use it.

Prevention of the personal information misuse (PIM) —intended or not—is the main reason the European Union (EU)introduced the new set of provisions, as of May 2018. Hence, the General Data Protection Regulation (GDPR) – as the legislation is known – is an ambitious attempt to further regulate digital technology, especially in respect to the private data protection. It is of course in conformity with provisions of both the Universal and European Charter of Human Rights, which hold the protection of human dignity and privacy as an indispensable, fundamental human right.

The intention of legislator behind the GDPR is twofold: to regulate domestically as well as to inspire and galvanise internationally. The GDPR is meant to open a new chapter in the Internet’s history at home, while creating, at the same time, a roadmap for other state and corporate sector actors beyond the EU. The challenge is clear: to reconcile the rights of individuals to data protection with the legitimate interests of business and government.

For the rest of the world, the GDPR should be predictive, inspirational and eventually obligational. Lack of acting now could open a space for the abuse of power – be it for illegitimate corporate or authoritarian gains of the hidden societal actors. In such a negative scenario – on a long run – losers are all. Historically, victimisation of individuals (through constant suspension of liberties and freedoms) ends up in a state or corporate fascism, and that one in a self-destruction of society as whole.

COMPREHENSIVE LEGISLATION AS POWERFUL DETERRENT

The Internet age exposes individuals in an unprecedented ways to the domestic or foreign predatory forces. Everybody is tempted to participate in digital economy or digital social interaction. This cannot go without revealing personal information to large state or non-state entities of local or international workings. If the field is not regulated, the moment such information leaves its proprietor, it can be easily and cheaply stored, analysed, further disseminated and shared without any knowledge or consent of it originator.

So far, neither market forces nor the negative publicity has seriously hindered companies and governments from tapping on and abusing this immense power. Nothing but a bold and comprehensive legislation is efficient deterrent, which stops the worst misuse. Only the legal provisions to protect personal data may serve a purpose of special and general prevention:

Be it in case a local or transnational corporate greed, governmental negligent or malicious official, or the clandestine interaction of the two (such as unauthorised access to personal phone and Internet records, as well as the unverified or inaccurate health and related data used to deny person from its insurance, loan, or work).

While totally absent elsewhere, early European attempts to legislate a comprehensive regulatory system of personal data protection have tired its best. Still, the EU’s Data Protection Directive of 1995 was falling short on several deliverables. (It was partly due to early stage of internet development, when the future significance of cyberspace was impossible to fully grasp and anticipate). Hence, this instrument failed to comprehensively identify the wrongdoings it sought to prevent, pre-empt and mitigate. The 1995 text also suffered from a lack of (logical and legal) consistency when it came to directing and instructing the individual EU member states (EU MS) on how to domesticate data privacy and promulgate it the body of their respective national legislation. Finally, the GDPR solves both of these problems.

This instrument of 2018 clearly stipulates on discrimination combating (including the politically or religiously motived hate-contents), authentication-related identity theft, fraud, financial crime, reputational harm (social networks mobbing, harassments and intimidation). Moreover, the European Commission (EC) has stated that the GDPR will strengthen the MS economies by recovering people’s trust in the security and sincerity of digital commerce, which has suffered lately of a numerous high-profile data breaches and infringements.

However, the most important feature (and a legal impact) of the GDPR is its power of being a direct effect law. This means that individuals can invoke it before the MS courts without any reference to the positive national legislation. That guaranties both speed and integrity to this supranational instrument – no vocatioleagis and no unnecessary domestication of the instrument through national constituencies. Conclusively, the 2018 instrument is further strengthened by an extra-territorial reach – a notion that make is applicable to any entity that operates in the EU, even if entity is not physically situated in the EU.

This practically means that each entity, in every sector and of every size, which processes personal data of the EU citizens, must comply with the GDPR. It obliges governments and their services (of national or sub-national levels); health, insurance and bank institutes; variety of Internet and mobile telephony service providers; media outlets and other social data gathering enterprises; labour, educational and recreational entities – in short, any subject that collects digital information about individuals.

The GDPR further strengthens accountability principle. The state and commercial actors hold direct and objective responsibility for a personal data collecting, storing and processing (including its drain or dissemination). Clearly, this EU instrument strengthens the right for information privacy (as a part of elementary human right – right to privacy) by protecting individuals from misappropriation of their personal data fora harvesting, monetisation or (socio-political) weaponisation purpose.

Namely, the GDPR gives individuals the right to request a transfer of their personal data (account and history information)from one commercial entity to another (e.g. from one bank or phone provider to another). Another right is to request – at short notice and for an unspecified reason – the commercial enterprise to stop both the data collection and the marketing dissemination, or to demand clarification on a marketing methods and nature of services provided. This instrument also offers individuals the right to request that their personal data are deleted (being zipped and sent back to its proprietor beforehand) – as stipulated in art.17 (the right to be forgotten).

The GDPR calls upon all operating entities to hire a data protection officer as to ensure full compliance with the new rules. It also invites all data collecting entities to conduct impact assessments – in order to determine scope frequency, outreach and consequences of personal data harvesting and processing. (For example, if certain entity wished to introduce biometric authentication for its employees and visitors entering daily its premises, it would need at first to run an assessment – a study that answers on the necessity and impact of that new system as well as the exposures it creates and possible risk mitigation measures.)

The GDPR obliges every entity that gathers data to minimise amount and configuration of personal data they harvest, while maximizing the security of that data. (For instance, if the auto dealer or travel agency requires potential customers to fill out the form to request a price quote, the form can ask only for information relevant to the product or services in question.)

The new legislation also mandates data gathering entities to notify the authorities – without any delay – whenever they suspect or witness a personal data breach. Conclusively, the GDPR obliges entities to present the public with clean and through information about the personal data they harvest and process—and clearly why they do so.

On the sanction side, the GDPR supports the regulators with new enforcement tools, including the norm setting, monitoring of and enforcement of compliance. For a non-compliance, the instrument prescribes steep fines.

To answer adequately the accountability standards enacted by this EU legislation will certainly invite large data gathering entities to bear significant investments. However, for the sake of credibility outreach and efficiency, they will have stimuli to introduce the new procedures and systems within the EU, but also beyond – wherever their operations are present. Complementary to it, the GDPR stipulates that if an entity transfers personal data out of the EU, it must safeguard that the data is handled in the new location the same way like within the EU. By this simple but far-reaching and effective spill over notion, the standards embodied by the GDPR will be delivered to the rest of the world. Hence, this instrument is not (only) an inner code of conduct that brings an outer appeal; it is a self-evolving and self-replicating standard of behaviour for our common (digital) future.

ASEAN, INDO-PACIFIC, ASIA

It is obvious that the stipulations of the GDPR would serve well interests of Republic of Indonesia (RI). That is actually in line with a very spirit of the 1945 Constitution, which obliges the state to protect, educate and prosper the Indonesian people. This supreme state act clearly proclaims that the respecting individual personal data is resting upon the two principles of the Pancasila. Namely these of; Fair and Civilized Humanity. Mutual grant and observance of everyone’s elementary rights is an essence of freedom and overall advancement of society.

The government, with the mandate of its authority to protect the public (public trust doctrine), must manage the personal data fairly and accountably. The GDPR also encourages the formation of an independent personal data protection supervisory institution so that it can correct the policies and rules of the bureaucracy and state administration to act accordingly in managing the personal data of the population. Moreover, every democratic government should be more proactive in protecting society when comes to the management of the personal data of its residents.

Interestingly, the Indonesian legislation already has instruments that follow notion of the GDPR. Thus, the Law No. 11 on Information and Electronic Transactions of 2008 (by a letter of its article 2) emphasizes the principle of extra-territorial jurisdiction. (In this particular case, it is related to the cross-border transactions. Indonesia should always safeguard its national interests: the RI jurisdiction stretches on any legal action that apply in Indonesia and/or carried out by Indonesian citizens. But it also applies to legal actions carried out outside of Indonesian jurisdiction by Indonesian citizens or a foreigner legally residing in RI, or Indonesian legal entities and foreign legal entities that produce legal effects in Indonesia.

This of course assumes the very nature of a use of Information Technology for Electronic Information and Electronic Transactions, which can be cross-territorial and even universal. What is assumed by this Law as “harming the interests of Indonesia” goers beyond pure national economic interests, protecting strategic data, national dignity, defense and security, the state of sovereignty, citizens, and Indonesian legal entities.)

When comes to the Right to be Forgotten (Right for Privacy and Right for Dignity), Indonesia must see it as a principle of real protection that is in the best interests of data owners. Further on, such a right should be strengthened by the principle of ‘without undue delay’, as to avoid the administrative obligation to request a court decision to uphold the right. On a long run, it will surely benefit businesses far more than the personal data originators themselves.

LEADING BY EXAMPLE

In line with the Right to Portability Data elaborated by the GDPR, Indonesia also needs to closer examine the EU instruments. Hence, the EU Regulation No.910 / 2014 concerning electronic identification, authentication and trust services (eIDAS) offers an idea how to harmonize the provision of digital identity and personal data in realm of electronic communications.(Electronic identification and authentication is a technology process that has an economic value. Such a business opportunity should be reconciled with a safety and security standards when comes to use of and traffic with of personal data for commercial interests.)

Regarding security, Indonesia must immediately have a clear policy on Cryptography to protect personal data. Cryptography is a double-use process; it can be utilised for civilian purposes, but it can also be used for the vital national interests, such as defense and security. Therefore, privacy and cybersecurity protection is a complementary concept of protection. Holistic approach strengthens the both rights of individuals as well as protection of national interests, rather than it ever conflicts one over the other.

Finally, the ASEAN Declaration of Human Rights in its article 21 stipulates that the protection of personal data is elementary part of Privacy. As one of the founding members, a country that even hosts the Organisation’s HQ, Indonesia must observe the notions of this Human Rights Charter. That is the additional reason why RI has to lead by example.

The EU’s GDPR clearly encourages a paradigm shift within the public services and government administration services on national, subnational and supranational level for all the ASEAN member states. It is to respect the fundamental freedoms and liberties, a quality that will shield population from random and ill-motivated arbitrary judgments of individual rights under the pretext of public interest.

Indonesia and ASEAN can take a lot of learning from the dynamics of the EU’s regulation of GDPR and e-IDAS as to its own benefit – to foster its own security and to elevate a trust in regional e-commerce within the ASEAN economic zone. Since the ASEAN (if combined) is the 4th largest world economy, this is a call of future that already starts now. After all the EU and ASEAN – each from its side of Eurasia – are twin grand projects of necessity, passion and vision.

Naturally, for anyone outside, Indonesia and ASEAN are already seen as the world’s e-commerce hub, of pivotal importance far beyond the Asia-Pacific theatre.

Prof. Melda Kamil Ariadno (SH, LLM, PhD) is a Professor of International Law at the Faculty of Law Universitas Indonesia, Jakarta. She is currently the Dean of the Faculty of Law Universitas Indonesia and the Head of Center for Sustainable Ocean Policy. She obtained her bachelor’s degree from Universitas Indonesia in 1992. Then, she received both her LL.M. and Ph.D. from the University of Washington in 1995 and 2011, respectively. She has served as legal expert for several governmental bodies among others the Ministry of Marine Affairs and Fisheries.

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China beats the USA in Artificial Intelligence and international awards

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The incoming US Secretary of the Air Force said that China was winning the battle of Artificial Intelligence over the United States. He admitted that China would soon defeat the United States in this high-tech field.

Although the Secretary of the Air Force appointed by President Joe Biden has not yet taken office, he publicly replied to the biggest recent controversy in US political and military circles: the Air Force Chief Software Officer, Nicholas Chaillan, who resigned on October 11 last, said that China had already overtaken the United States and won the battle of Artificial Intelligence against it.

Kendall III said he agreed with the statement made by Chaillan. Nicholas Chaillan told the media that the United States not only made slow progress in the field of Artificial Intelligence, but that the said progress was also limited by various rules. China is already far ahead. Kendall III did not contradict Chaillan as some people did, but offered to invite the former employee to continue participating in the relevant discussions.

US Air Force spokesman Lieutenant Colonel Justin Brockhoff announced: ‘Secretary Kendall thanked Chaillan for his contribution to the Air Force. The two discussed the suggestions made by Chaillan for the future development of the DOD software. Secretary Kendall and Chaillan reserved the possibility of future discussions.”

Artificial Intelligence is currently a highly competitive field in Chinese and US science and technology circles. Its uses include the design of computer technologies that can think and act like humans to perform various complex tasks. Both the People’s Republic of China and the United States of America compete for dominance in this field.

Artificial Intelligence technology has penetrated all areas of each country’s corporate and national security sectors and is used to plan, design and implement specific actions for complex affairs.

Chaillan had previously told the media that after Kendall had contacted him personally and confidently, he agreed to serve as an unpaid consultant for the Department of Defense. Chaillan believes that Kendall’s connection demonstrates that the Secretary is determined to make changes to support the US government to excel once again in the competition for Artificial Intelligence.

Chaillan said: “The facts are very simple. Kendall contacted me soon after I had announced my resignation, and most experts and managers would not have been interested in me and would not have continued to work hard to remedy this handicap. This meant to me that Kendall really wanted to do something”.

There is no specific information yet on whether the US federal government will respond positively and quickly to Chaillan’s warning.

Chaillan said he was willing to attend the hearings held by Congress, but hoped that some of the hearings would not remain confidential so that the public could hear his views.

Some experts outside the US Administration said that the issue of who would win the Artificial Intelligence competition was still unresolved. Jim Waldo, an IT scientist and Chief Technology Officer at Harvard University, said he was not as pessimistic as Chaillan about the US chances in the Artificial Intelligence battle against the People’s Republic of China. Waldo pointed out that most of the US investment in technological innovation came from private companies, rather than government-funded university research.

Waldo wrote in an email: “The idea that this research will be driven by the military is a bit ridiculous…. The Department of Defence, however, should enhance the use of this technology and government funding should also increase to encourage an open development of the sector. We have not failed yet, but if we do not invest in the future it will end badly.”

Some media reports also pointed out that, in fact, Chaillan’s original statement was that if the United States did not increase investment and make plans and projects advance, it would lose in the field of Artificial Intelligence. His speech, emphasised by third parties, has become a further hotly debated topic in US politics. Some Republicans use it as an argument against Biden’s Administration, and other members of the US military forces are quick to exploit it to ask for more government funding.

Over and above the controversy and disappointment prevailing in the United States, the news has gone around the world. Reuters reported: “China has won the Artificial Intelligence battle with the United States and is on its way to global domination thanks to its technological advances, as the former Pentagon Chief Software Officer told the Financial Times“.

Furthermore, the British news agency reported other serious statements by Chaillan: “We have no chance of fighting China in 15 to 20 years. Right now, it is already a done deal; in my opinion it is already over. […] Whether it takes a war or not is something of an anecdote”.

“China is destined to dominate the future of the world, controlling everything from media storytelling to geopolitics,” he said.

Chaillan blamed slow innovation and the reluctance of US companies, such as Google, to work with the State on Artificial Intelligence, as well as extensive ethical debates on technology.

Google, instead, was not immediately available for comments outside of business hours.

As Chaillan said, Chinese companies are obliged to work with their government and are making “massive investment” in Artificial Intelligence without regard to ethics. Indeed, the so-called ethics would be respect for privacy which, as demonstrated in my article of October 7 (https://formiche.net/2021/10/internet-privacy-whatsappa-facebook/), is just a chimera.

He said that the US cyber defences in some government departments are at “kindergarten level”.

On October 10 – the same day on which Chaillan made his statements – the People’s Republic of China published a scheme to promote nationwide standardised development in its quest for high-quality development and modernisation.

The document – published jointly by the General Offices of the Central Committee of the Communist Party of China and the State Council – provides details about the measures to ensure that the country achieves its long-term development goals until 2035.

With the improvements to be made to the standardised management system, a government- and market-driven, business-oriented development model, characterised by mass participation, openness and integration, will take shape in China by 2035.

As noted in the document, by 2025 reforms will be made to the standardisation work. Both the government and the market will contribute to the standard-setting process. All economic sectors will be covered by industry standards, and international cooperation on standardisation work will be widely deepened.

Echoes of the statements made by Chaillan and the recent Chinese successes have recently led some of Wall Street’s biggest names to say that China’s economic prospects “look brighter than ever”. China is “too big to ignore”, as recently reported by The New York Times.

Indeed, fully understanding and correctly forecasting the Chinese economy has always been a topic to which the world pays great attention.

During China’s economic take-off in recent decades, rumours predicting China’s collapse have been almost absent. The Chinese economy, however, continues to grow and improve, and its development record has been unquestionably impressive. Those who often spoke ill of the Chinese market were often contradicted by reality.

Actions speak louder than words. China has its own way of developing its economy and has gained valuable experience over the years. If the Western economic and political communities still try to interpret the Chinese economy without thinking outside the old box, or give up their preconceived idea, the Chinese economy will continue to be a myth for them.

In view of making its economy grow effectively, China has been able to maintain consistency and adapt to change.

While the world is going through transformations rarely seen in a century and, at the same time, is grappling with the Covid-19 pandemic, China has not only kept its macroeconomic policies stable, but has also prepared to build a new development model and promote quality development.

As a result, China was the only major economy in the world that recorded positive growth last year and its economy grew by 12.7% in the first half of this year. These results demonstrated the strong resilience of the Chinese economy and injected confidence into the global economic recovery.

China has also been willing to use policy instruments to push forward reforms, stimulate innovation and give new momentum to development.

China has continuously improved its scientific and technological innovation ability, optimised government services and stabilised industrial supply chains so that the real economy could be better served.

As commented in an article published by Singapore’s leading daily Lianhe Zaobao earlier this year, “China is focused on doing its job. This is not only the right choice, but also the source of strength for China to continue resisting pressure”.

In this highly interconnected world, China believes that playing the “zero-sum game” is not in the interest of the international community. China has always been firmly committed to openness and cooperation and has always tried to promote its own development by stimulating the common development of the entire planet.

Although economic globalisation has been put to a hard test, China has continued to join with others around the world to build an open global economy, with an even stronger commitment to openness.

It has implemented the Foreign Investment Law, further opened up its financial sector in an orderly way, and created platforms such as China International Import Expo and China International Fair for Trade in Services to share its development opportunities with everybody.

More importantly, the Belt and Road Initiative-Silk Road-has been increasingly seen everywhere as a path to prosperity, innovation, health and green development.

All over the world, there are currently ever more people who have begun to deeply recognise that China’s vigorous economic development has a positive meaning for the global economy, and it is unpopular to play the game based on the theories of “decoupling” and “China’s threat”.

As long as in the West there are those who are still obsessed with a downward view of the future of China’s economy, and rely on their old way of thinking and deep ideological bias, they will be proved wrong again and again.

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U.S. Sanctions Push Huawei to Re-Invent Itself and Look Far into the Future

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There is no doubt that the return of Huawei’s CFO Meng Wanzhou to Beijing marks a historic event for the entire country that made every Chinese person incredibly proud, especially bearing in mind its timing, as the National Day celebrations took place on October 1.

“Where there is a five-star red flag, there is a beacon of faith. If faith has a color, it must be China red,” Ms. Meng said to the cheering crowd at Shenzhen airport after returning home from Canada. She also added that “All the frustration and difficulties, gratitude and emotion, steadfastness and responsibility will transform into momentum for moving us forward, into courage for our all-out fight.”

Regardless of how encouraging the Chinese tech giant heiress’s words may sound, the fact remains that the company remains a target of U.S. prosecution and sanctions—something that is not about to change anytime soon.

When the Sanctions Bite

It was former U.S. President Donald Trump who in May 2019 signed an order that allowed the then-Commerce Secretary Wilbur Ross to halt any transactions concerning information or communications technology “posing an unacceptable risk” to the country’s national security. As a result, the same month, Huawei and its non-U.S. affiliates were added to the Bureau of Industry and Security Entity List, which meant that any American companies wishing to sell or transfer technology to the company would have to obtain a licence issued by the BIS.

In May 2020, the U.S. Department of Commerce decided to expand the FPDP Rule by restricting the Chinese tech giant from acquiring foreign-made semiconductors produced or developed from certain U.S. technology or software and went even further in August the same year by issuing the Final Rule that prohibits the re-export, export from abroad or transfer (in-country) of (i) certain “foreign-produced items” controlled under the amended footnote 1 to the Entity List (“New Footnote 1”) when there is (ii) “knowledge” of certain circumstances, the scope of which were also expanded.

Moreover, the decision also removed the Temporary General License (“TGL”) previously authorizing certain transactions with Huawei and added thirty-eight additional affiliates of the Chinese company to the Entity List.

In these particular circumstances, despite the initial predictions made by Bloomberg early in 2020 that Trump’s decision to blacklist Huawei fails to stop its growth, the current reality seems to be slightly changing for once—and briefly—the world’s largest smartphone vendor.

The impact of the U.S. sanctions has already resulted in a drop in sales in the smartphone business by more than 47% in the first half of 2021, and the total revenue fell by almost 30% if we compare it with the same period in 2020. As is estimated by rotating Chairman Eric Xu, the company’s revenue concerning its smartphone sales will drop by at least $30-40 billion this year.

For the record, Huawei’s smartphone sales accounted for $50 billion in revenue last year. The company has generated $49.57 billion in revenue in total so far, which is said to be the most significant drop in its history.

In Search of Alternative Income Streams

Despite finding itself in dire straits, the company is in constant search for new sources of income with a recent decision to charge patent royalties from other smartphone makers for the use of its 5G technologies, with a “per unit royalty cap” at $2.50 for every multimode mobile device capable of connections to 5G and previous generations of mobile networks. Huawei’s price is lower than the one charged by Nokia ($3.58 per device) and Ericsson ($2.50-$5 per device).

Notably, according to data from the intellectual property research organization GreyB, Huawei has 3,007 declared 5G patent families and over 130,000 5G active patents worldwide, making the Chinese company the largest patent holder globally.

Jason Ding, who is head of Huawei’s intellectual property rights department, informed early this year that the company would collect about $1.2-$1.3 billion in revenue from patent licensing between 2019 and 2021. But royalties will not be the only revenue source for the company.

Investing in the Future: Cloud Services and Smart Cars

Apart from digitizing native companies in sectors like coal mining and port operations that increased its revenue by 23% last year and 18% in the first part of 2021, Huawei looks far into the future, slowly steering away from its dependency on foreign chip supplies by setting its sight on cloud services and software for smart cars.

Seizing an opportunity to improve the currently not-so-perfect cloud service environment, the Chinese tech giant is swiftly moving to have its share in the sector by creating new cloud services targeting companies and government departments. For this purpose, it plans to inject $100 million over three years’ period into SMEs to expand on Huawei Cloud.

As of today, Huawei’s cloud business is said to grow by 116% in the first quarter of 2021, with a 20% share of a $6 billion market in China, as Canalys reports.

“Huawei Cloud’s results have been boosted by Internet customers and government projects, as well as key wins in the automotive sector. It is a growing part of Huawei’s overall business,” said a chief analyst at the company, Matthew Ball. He also added that although 90% of this business is based in China, Huawei Cloud has a more substantial footprint in Latin America and Europe, the Middle East and Africa as compared with Alibaba Cloud and Tencent Cloud.

Another area where Huawei is trying its luck is electric and autonomous vehicles, where the company is planning to invest $1 billion alone this year. Although the company has repeatedly made it clear that it is unwilling to build cars, Huawei wants to “help the car connect” and “make it more intelligent,” as its official noted.

While during the 2021 Shanghai Auto Show, Huawei and Arcfox Polar Fox released a brand new Polar Fox Alpha S Huawei Hi and China’s GAC revealed a plan to roll out a car with the Chinese tech company after 2024, Huawei is already selling the Cyrus SF5, a smart Chinese car from Chongqing Xiaokang, equipped with Huawei DriveONE electric drive system, from its experience store for the first time in the company’s history. What’s more, the car is also on sale online.

R&D and International Talent as Crucial Ingredients to Become Tech Pioneer

There is a visible emphasis put on investing in high-quality research and development to innovate both in Huawei and China as a whole.

According to the company’s data, the Chinese technology giant invested $19.3 billion in R&D in 2019, which accounted for 13.9% of its total business revenue and $22 billion last year, which was around 16% of its revenue. Interestingly, if Huawei was treated as a provincial administrative region, its R&D expenditure would rank seventh nationwide.

As reported by China’s National Bureau of Statistics, the total R&D spending in China last year was 2.44 trillion yuan, up 10.6% year-on-year growth, and 2.21 trillion yuan in 2019, with 12.3% year-on-year growth.

As far as activities are concerned, the most were spent on experimental development in 2020 (2.02 trillion yuan, which is 82.7% of total spending), applied research (275.72 billion yuan, which gives 11.3%) and basic research (146.7 billion yuan, accounting for 6%). While the most money was spent by enterprises (1.87 trillion yuan, which gives up 10.4% year-on-year), governmental research institutions spent 340.88 billion yuan (up 10.6% year-on-year), and universities and colleges spent 188.25 billion yuan (up 4.8% year-on-year).

As far as industries go, it is also worth mentioning that high-tech manufacturing spending accounted for 464.91 billion yuan, with equipment manufacturing standing at 913.03 billion yuan. The state science and tech spending accounted for 1.01 trillion yuan, which is 0.06 trillion yuan less than in 2019.

As Huawei raises the budget for overseas R&D, the company also plans to invest human resources by attracting the brightest foreign minds into its business, which is in some way a by-product of the Trump-era visa limitations imposed on Chinese students.

So far, concentrating on bringing Chinese talent educated abroad, Huawei is determined to broader its talent pool by “tall noses,” as the mainland Chinese sometimes refer to people of non-Chinese origin.

“Now we need to focus on bringing in talent with ‘tall noses’ and allocate a bigger budget for our overseas research centres,” said the company’s founder Ren Zhengfei in a speech made in August. “We need to turn Huawei’s research center in North America into a talent recruitment hub,” Ren added.

While Huawei wants to scout for those who have experience working in the U.S. and Europe, it wants to meet the salary standards comparable to the U.S. market to make their offer attractive enough.

What seems to be extraordinary and crucial by looking at China through Huawei lens is that it is, to the detriment of its critics, indeed opening to the outside world by aiming at replenishing all facets of its business.

“We need to further liberate our thoughts and open our arms to welcome the best talent in the world,” to quote Ren, in an attempt to help the company become more assimilated in overseas markets as a global enterprise “in three to five years”.

The Chinese tech giant aims to attract international talent to its new 1.6 million square meter research campus in Qingpu, Shanghai, which will house 30,000 to 40,000 research staff primarily concerned with developing handset and IoT chips. The Google-like campus is said to be completed in 2023.

The best sign of Huawei’s slow embrace of the “start-up” mentality, as the company’s head of research and development in the UK, Henk Koopmans, put it, is the acquiring of the Center for Integrated Photonics based in Ipswich (UK) in 2012, which has recently developed a laser on a chip that can direct light into a fibre-optic cable.

This breakthrough discovery, in creating an alternative to the mainstream silicon-based semiconductors, provides Huawei with its product based on Indium Phosphide technology to create a situation where the company no longer needs to rely on the U.S. know-how.

As for high-profile foreign recruitments, Huawei has recently managed to hire a renowned French mathematician Laurent Lafforgue, a winner of the 2002 Fields Medal, dubbed as the Nobel Prize of mathematics, who will work at the company’s research center in Paris, and appointed the former head of BBC news programmes Gavin Allen as its “executive editor in chief” to improve its messaging strategy in the West.

According to Huawei’s annual report published in 2020, the Shenzhen-based company had 197,000 employees worldwide, including employees from 162 different countries and regions. Moreover, it increased its headcount by 3,000 people between the end of 2019 and 2020, with 53.4% of its employees in the R&D sector.

The main objective of the developments mentioned above is to “lead the world” in both 5G and 6G to dominate global standards of the future.

“We will not only lead the world in 5G, more importantly, we will aim to lead the world in wider domains,” said Huawei’s Ren Zhengfei in August. “We research 6G as a precaution, to seize the patent front, to make sure that when 6G one day really comes into use, we will not depend on others,” Ren added.

Discussing the potential uses of 6G technology, Huawei’s CEO told his employees that it “might be able to detect and sense” beyond higher data transmission capabilities in the current technologies, with a potential to be utilized in healthcare and surveillance.

Does the U.S. Strategy Towards Huawei Work?

As we can see, the Chinese tech giant has not only proved to be resilient through the years of being threatened by the harmful U.S. sanctions, but it also has made significant steps to become independent and, therefore, entirely out of Washington’s punishment reach.

Although under the intense pressure from the Republicans the U.S. Commerce Secretary Gina Raimondo promised that the Biden administration will take further steps against Huawei if need be, it seems that there is nothing much that the U.S. can do to stop the Chinese company from moving ahead without any U.S. permission to develop in the sectors of the future, while still making a crucial contribution to the existing ones.

At the same time, continuing with the Trump-era policies aimed at Huawei is not only hurting American companies but, according to a report from the National Foundation for American Policy published in August 2021, it also “might deal a significant blow to innovation and scientific research” in the country.

“Restricting Huawei from doing business in the U.S. will not make the U.S. more secure or stronger; instead, this will only serve to limit the U.S. to inferior yet more expensive alternatives, leaving the U.S. lagging behind in 5G deployment, and eventually harming the interests of U.S. companies and consumers,” Huawei said in, what now appears to be, prophetic statement to CNBC in 2019.

On that note, perhaps instead of making meaningless promises to the Republicans that the Biden administration “wouldn’t be soft” on the Chinese tech giant, Raimondo would make the U.S. better off by engaging with Huawei, or at least rethinking the current policies, which visibly are not bringing the desired results, yet effectively working to undermine the U.S. national interest in the long run.

From our partner RIAC

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Science & Technology

The so-called privacy on the Internet

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At the beginning of last June, 8.4 billion stolen passwords were made public around the world. This large collection – made available to everyone – is named “RockYou2021” and is stored in a text file measuring 100 GB.

On October 4, WhatsApp, Facebook and Instagram were blocked and hence all sensitive data was logically copied upon the initiative of skilled hackers, of whom our planet can boast anonymous categories of them with superior and exceptional abilities that care little about prime numbers.

At the same time, when we connect with thousands of multilingual copy-and-paste websites, they come up come up with a pathetic piece of software that begins with the phrase “We care about your privacy”. And in Italy where “amore” (love) has always rhymed with “cuore” (heart), some people think that users – while reading this – take out their handkerchiefs to wipe away the tears of emotion because there is someone who lovingly thinks of them, not realising that, instead, it is tears of laughter.

Others say that there are laws to protect the few naive and gullible users, but they forget a proverb and a key to political thinking. The proverb is: “every law has its loophole” and the key is: “laws are a superstructure”.

Hence many people are curious to know whether the advertising of the Internet giants respects confidentiality – commonly known with the barbarism privacy – and whether the establishment protects them from the many bad hackers.

It is in the interest of the advertising by Internet giants (the establishment) to use each user’s privacy, such as monitoring the chat history (primarily WhatsApp) or the content of calls, because the methods and means to do so exist. Just watch excellent US series, starting with the gripping Mr. Robot and other series, to understand that fresh and young minds are enough to do so. Imagine what scruples the Internet giants may have in the face of ethical values such as confidentiality and secrecy.

The risk-benefit ratio of the Internet approach is high, as what is at stake is not Kantian ethics (the superstructure) – which is worth very little – but profits in any currency, whether real or in bitcoins (the structure).

There are many ways in which the Internet giants, and private hackers, can control users’ privacy, which are really beyond many web users’ cognition.

It is natural that most of our privacy is exposed by ourselves to third parties. We all know that there is a word on the Internet called “search”. Basically, for most people who are particularly active on the Internet it is very easy – for one who is interested in the matter – to discover the forms in which privacy oxymoronically manifests itself all out in the open.

Most of the time people do not know how much privacy they expose in a search or in simple surfing. We think it is impossible for ordinary third parties to know who are those who investigate web surfers. I am referring to both decent people and criminals. Before being discovered, however, even a criminal has a right to privacy.

The Internet giants and independent hackers have data and systems that we mere humans cannot even imagine. The Internet giants help the police to catch intruders, saboteurs or other criminals, and can often provide very comprehensive information on suspects, including last address, area of activity and so on. As usual, the problem is a moral – therefore negligible – one: intruders, saboteurs or other criminals previously used to be ordinary citizens. Therefore, as they are monitored, so are we. This is logic not inference.

As noted above, the data of the Internet giants and private hackers is more abundant and vast than many ordinary people may think.

When the Internet giants carry out data analysis and optimise advertising, the connection by third parties has huge commercial value (the structure). Hence the motivation and skills of the Internet giants and hackers in data connection are astonishing.

The vast majority of the Internet users, in fact, have not a deep understanding of all this and may think that an Internet giant does not know about a user or another when they connect to a web page or when they send top secret documents to their counterparts. At the same time, the scarcely skilful people – albeit aware that they are being taken for a ride by stories about privacy protection – reappraise the old systems: personal meetings in unthinkable places; delivery by systems reminiscent of old 1950s-1980s movies. In practice, the cunning incompetent people reverse one of the first absurd statements of the digital age: ‘With the Internet, books will disappear’. It did not take long to realise that a book in pdf format is unreadable and its use is only for finding strings in it, i.e. sentences or words.

The above mentioned Internet giants often use the same set of advertising and management platforms for different products, whether they are deployed on the households’ Internet or in the dangerous and ruinous deep web, which is the part of the iceberg below sea level.

If the leader of an Internet giant wants to maximise the data value, he/she asks to check all the “clicked” components of the product, so as to obtain the accuracy of tags – i.e. the sequence of characters with which the elements of a file are marked for further processing – in view of getting the maximum advertising revenue (the structure).

At the same time, the mobile Internet (i.e. the one that can be accessed by smartphones, which used to be ridiculously called mobile phones) provides more possibilities to locate people, obviously more accurately than the fixed one at home. Hence those who do not want people to know that they are at home, and go elsewhere with their smartphones, communicate their wandering location, believing they are invisible.

In fact, if we think about it, home desktop computers often provide inaccurate data to those who spy on us to find out our tastes and preferences. For example, it happened that some background data showed that 3,000 users, with an average age of 30-40, seemed to be suddenly getting younger. Hence the Internet giant was initially surprised, but shortly afterwards realised that many children were using their parents’ computers.

To remedy this, the Internet giants – in close liaison with the telephone industry – have gone beyond the primitive and very common scenario of family desktop computers and Internet café shared workstations for young adults, and made parents and grandparents equip their underage children with smartphones. In this way, an Internet giant has a perfect framework for monitoring, controlling and diversifying tastes for narrower age groups, thus obtaining higher profits (the structure) to the detriment of privacy (the superstructure). The telephone industry is grateful for this, as its profits simultaneously rise, thanks to buyers who barely know how to use 5% of the functionalities of the aforementioned device.

Many people have not even clear understanding in their minds as to the data connection. For example, if the product/desire/curiosity A and the product/desire/curiosity B are used at the same time, and A and B belong to the same Internet giant, it is actually very easy for it to establish a data connection mechanism to share any of the user’s desires through specific characteristic information.

Such a system is used to recommend a product/desire/curiosity or use the same advertisement that the user personalises without realising it. Many people think they are being clever by having separate accounts for different purposes. Apparently it looks that way, but in reality it is easy for the Internet giants to know the relationship existing between these accounts and put one and one together.

The smartphone is an even better container for the Internet giant and the hacker to collect unique identifying information from that “device”, such as that user’s number, phone book and other data. In fact, while the user is not sufficiently security-conscious, many software installations (i.e. apps) already collect various pieces of information by default.

In turn, the identifying information from that device (the smartphone) is used by various software located in remote servers. If the product/taste/desire belongs to the same Internet giant or if the same third-party data company provides technical support, it is actually very easy to obtain the users’ data through them.

Moreover, when the apps are installed, the phone numbers of the naive unfortunate users have been collected on the remote server without their knowledge. This is because when most people install apps, the privacy authorization step by default is simply ignored.

It is annoying for users to read all those long pages and therefore, in the future, the Internet giant will say that it is their and not its fault if it spies on their privacy, because they authorised it to do so! Provided that it is true that if they refuse, it “morally” does as they have chosen. Probably the naive people still think so.

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