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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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Technologies That Are The Future

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Innovation is the introduction of something new. As we are in this progressing age, one can observe changes in the surroundings within seconds. To cater for this, technological advancements and new innovations with better features are the need of the hour. Futurists of the 1950s or so predicted that by 2000s, we will have flying cars and airborne robots. While the forecasters had their timing wrong, but their foresighted technology was right. Today we are at the brink of manufacturing self-driving cars and robot assistants.

Among these, another important innovation that will go mainstream is the ‘Voice Assistants’. In about four to five years, every home is expected to have a voice assistant like Amazon Echo or Apple Homepod. This is all thanks to the power of artificial intelligence that we are able to develop something like this. Voice assistants are making a vital change in markets all around the world and some scientists believe that in the near future, people will be communicating through voice rather than text. This will save time which can be used in completing other tasks.

Another emerging technology is the technique of ‘Reversing Paralysis’. Researchers have begun using brain-reading technology which helps the people with paralysis to move their limbs again. This is done by placing an electronic implant in the brain which is connected to electrical stimulators located on the body to create a ‘neural bypass’. Although the progress in implementing this technology is slow but this technology is also being tested for people with other diseases like arthritis. These innovations with new advances would allow patients to regain control of their bodies.

The wait for ‘Quantum Computers’ is ending soon. A computer that can accelerate pharmaceutical research, compute equations that are hard to fathom right now or rewrite encryptions. Quantum computers have more qubits, the basic unit of quantum information. Qubits need ideal conditions to function properly, but new technology reduces the computational capability needed to correct errors caused by physical intrusions. These computers will be in the commercial market for common use by anyone in a few years.

The next on list are the ‘Hot Solar Cells’. Solar panels are more efficient today than their previous versions, but they still absorb only a fraction of sunlight. To solve this problem, hot solar cells are introduced which convert the sunlight into heat and then back to light. So, what happens is an ‘absorber-emitter’ absorbs the sunlight then converts it to heat and funnels it to solar cells. This system could even allow energy to be stored for later use. This system could deliver continuous power even when the sun is not shining.

‘Botnets’ is the real game changer in the list. As we are living in the age of smart phones, laptops, internet, media, etc. we do not entirely realize the importance of cyberattacks. Botnets are centralized systems that gain control of internet connected devices to launch cyberattacks. The situation is getting worse day by day with so many devices that have little to no cybersecurity measures. Botnets can evade spam filters, create click fraud, and launch denial-of-service attacks. Once a botnet is spotted, its command and control center can be attacked and rendered ineffective. In the coming years, botnet trends favor the attacker, and more botnet attacks will be coming for internet users.

A world where genetic diseases like Huntington’s and cystic fibrosis are defeated is something, we all wish for. Well, thanks to ‘Crispr’, genetic diseases may be eliminated. CRISPR Cas-9 is an abbreviation for ‘Clustered Regularly Interspaced Short Palindromic Repeats’. It is a gene-splicing technology which is capable of finding and removing mutated sections of DNA. Once it is removed, crispr can replace the mutated ones with non-mutated variants. In conclusion, crispr has the ability to permanently remove certain types of genetic diseases from blood lines. It is already being used to eliminate cancer cells in some patients and may as well be able to cure genetically caused blindness as well in the near future.

Practice makes a man perfect but you never know the advancements in the technology might make the robots perfect too. ‘Reinforcement Learning’ is a new technique which helps artificial intelligence (AI) to solve problems it has never seen before. This concepts is connected with a large neural network which is trained to recognize patterns in data. The computer learns which information is correct and which is not and continuously improves itself. A computer using this technology can beat one of the best players in the world. Reinforcement learning might be moving towards its most vital tests soon with its use in self-driving cars and other technologies.

Another new technology in the market is the ‘Gene Therapy’. It is for hereditary diseases and is available in Europe market and will soon be launched in the United States. The success of these gene therapies increased phenomenally when scientists started to use viruses that are more efficient at transporting new genetic materials. Gene therapies can even treat the diseases which involve multiple genes. This kind of treatment might seem rare now but will be more common in the blink of an eye.

At one point last year, Bitcoin was worth more than $19,000 per coin but recently the value of cryptocurrency has decreased still a single coin is worth thousands of dollars. Cryptocurrency has stirred up controversy around the world but it is steadily becoming mainstream. Platforms like TrustToken and HybridBlock are poised to connect the global trading power of blockchains with real world assetd and are designed to give crypto enthusiasts greater access to silo trading markets which help to expand the industry to a new wave of crypto enthusiasts. As a result, sellers can make illiquid assets liquid, and buyers can have control of a vast portfolio of assets. By giving access to mobile friendly products like easy to use applications, these platforms are providing the market with a new form of crypto education and the tools to execute crypto trades.

Last but not the least on the list is the ‘Artificial Intelligence and Automation’. Some of the world’s most famous brands are majorly turning to automation in order to serve their customers better and become more affordable by reducing the costs. Big box retailers utilize automated warehouses to sort and ship products, while social media networks use automation to moderate comments and credit card companies use automation to detect fraud and theft. The implications here are massive because a new artificial intelligence economy incorporating the decentralized blockchain AI, can change the way businesses operate and run around the world.

Indeed, it is just a matter of time before everything goes to the market. We are moving to a time where everything is just a click away. New innovations are coming daily, changes are being made within minutes. In fact, as we speak, we might be unaware but there might be some company in the world working at this hour to bring a change to your smartphone but there is nothing we can do about it. We just have to hang in there and go with the flow.

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What is a ‘vaccine passport’ and will you need one the next time you travel?

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An Arab-Israeli woman shows her COVID-19 card which shows she has been vaccinated against the virus. Mohamed Yassin

Is the idea of a vaccine passport entirely new?

The concept of a passport to allow for cross border travel is something that we’ve been working on with the Common Trust Network for many months. The focus has been first on diagnostics. That’s where we worked with an organization called “The Commons Project” to develop the “Common Trust Framework”. This is a set of registries of trusted data sources, a registry of labs accredited to run tests and a registry of up-to-date border crossing regulations.

The set of registries can be used to generate certificates of compliance to prevailing border-crossing regulations as defined by governments. There are different tools to generate the certificates, and the diversity of their authentication solutions and the way they protect data privacy is quite remarkable.

We at the Forum have no preference when it comes to who is running the certification algorithm, we simply want to promote a unique set of registries to avoid unnecessary replication efforts. This is where we support the Common Trust Framework. For instance, the Common Pass is one authentication solution – but there are others, for example developed by Abbott, AOK, SICPA (Certus), IBM and others.

How does the system work and how could it be applied to vaccines?

The Common Trust Network, supported by the Forum, is combining the set of registries that are going to enrol all participating labs. Separately from that, it provides an up-to-date database of all prevailing border entry rules (which fluctuate and differ from country to country).

Combining these two datasets provides a QR code that border entry authorities can trust. It doesn’t reveal any personal health data – it tells you about compliance of results versus border entry requirements for a particular country. So, if your border control rules say that you need to take a test of a certain nature within 72 hours prior to arrival, the tool will confirm whether the traveller has taken that corresponding test in a trusted laboratory, and the test was indeed performed less than three days prior to landing.

The purpose is to create a common good that many authentication providers can use and to provide anyone, in a very agnostic fashion, with access to those registries.

What is the WHO’s role?

There is currently an effort at the WHO to create standards that would process data on the types of vaccinations, how these are channelled into health and healthcare systems registries, the use cases – beyond the management of vaccination campaigns – include border control but also possibly in the future access to stadia or large events. By establishing in a truly ethical fashion harmonized standards, we can avoid a scenario whereby you create two classes of citizens – those who have been vaccinated and those who have not.

So rather than building a set of rules that would be left to the interpretation of member states or private-sector operators like cruises, airlines or conveners of gatherings, we support the WHO’s effort to create a standard for member states for requesting vaccinations and how it would permit the various kinds of use cases.

It is important that we rely on the normative body (the WHO) to create the vaccine credential requirements. The Forum is involved in the WHO taskforce to reflect on those standards and think about how they would be used. The WHO’s goal is to deploy standards and recommendations by mid-March 2021, and the hope is that they will be more harmonized between member states than they have been to date in the field of diagnostics.

What about the private sector and separate initiatives?

When registry frameworks are being developed for authentication tools providers, they should at a minimum feed as experiments into the standardization efforts being driven by WHO, knowing that the final guidance from the only normative body with an official UN mandate may in turn force those providers to revise their own frameworks. We certainly support this type of interaction, as public- and private-sector collaboration is key to overcoming the global challenge posed by COVID-19.

What more needs to be done to ensure equitable distribution of vaccines?

As the WHO has warned, vaccine nationalism – or a hoarding and “me-first” approach to vaccine deployment – risks leaving “the world’s poorest and most vulnerable at risk.”

COVAX, supported by the World Economic Forum, is coordinated by the World Health Organization in partnership with GAVI, the Vaccine Alliance; CEPI, the Centre for Epidemics Preparedness Innovations and others. So far, 190 economies have signed up.

The Access to COVID-19 Tools Accelerator (ACT-Accelerator) is another partnership, with universal access and equity at its core, that has been successfully promoting global collaboration to accelerate the development, production and equitable access to COVID-19 tests, treatments and vaccines. The World Economic Forum is a member of the ACT-Accelerator’s Facilitation Council (governing body).

World Economic Forum

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Iran among five pioneers of nanotechnology

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Prioritizing nanotechnology in Iran has led to this country’s steady placement among the five pioneers of the nanotechnology field in recent years, and approximately 20 percent of all articles provided by Iranian researchers in 2020 are relative to this area of technology.

Iran has been introduced as the 4th leading country in the world in the field of nanotechnology, publishing 11,546 scientific articles in 2020.

The country held a 6 percent share of the world’s total nanotechnology articles, according to StatNano’s monthly evaluation accomplished in WoS databases.

There are 227 companies in Iran registered in the WoS databases, manufacturing 419 products, mainly in the fields of construction, textile, medicine, home appliances, automotive, and food.

According to the data, 31 Iranian universities and research centers published more than 50 nano-articles in the last year. 

In line with China’s trend in the past few years, this country is placed in the first stage with 78,000 nano-articles (more than 40 percent of all nano-articles in 2020), and the U.S. is at the next stage with 24,425 papers. These countries have published nearly half of the whole world’s nano-articles.

In the following, India with 9 percent, Iran with 6 percent, and South Korea and Germany with 5 percent are the other head publishers, respectively.

Almost 9 percent of the whole scientific publications of 2020, indexed in the Web of Science database, have been relevant to nanotechnology.

There have been 191,304 nano-articles indexed in WoS that had to have a 9 percent growth compared to last year. The mentioned articles are 8.8 percent of the whole produced papers in 2020.

Iran ranked 43rd among the 100 most vibrant clusters of science and technology (S&T) worldwide for the third consecutive year, according to the Global Innovation Index (GII) 2020 report.

The country experienced a three-level improvement compared to 2019.

Iran’s share of the world’s top scientific articles is 3 percent, Gholam Hossein Rahimi She’erbaf, the deputy science minister, has announced.

The country’s share in the whole publications worldwide is 2 percent, he noted, highlighting, for the first three consecutive years, Iran has been ranked first in terms of quantity and quality of articles among Islamic countries.

Sourena Sattari, vice president for science and technology has said that Iran is playing the leading role in the region in the fields of fintech, ICT, stem cell, aerospace, and is unrivaled in artificial intelligence.

From our partner Tehran Times

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