Authentication,Privacy, and the Federal E-Government

As federal agencies move toward more sophisticated e-govern- ment offerings, they must consider both policy and operational requirements for electronic authentication (e-authentication). One important consideration in designing and deploying e-authentica- tion solutions is the balance between access, security, authentication, and privacy. Public law and government-wide policy encourage e-government and e-authentication simultaneously with privacy protection, creating policy and operational tensions for e-government efforts. A review of the relevant laws and policies and analyses of the privacy implications of authentication technologies indicates that federal agencies have at least two analytic frameworks for balancing privacy concerns with e-authentication. A framework offered in the 2003 National Research Council report Who Goes There? and the privacy impact analysis requirements of the E-Government Act of 2002 provide e-government projects with the tools for navigating the path between privacy and openness, required by both e-government law and policy.     

Barriers to Interorganizational Information Sharing in e-Government: A Stakeholder Analysis

Government agencies often face trade-offs in developing initiatives that address a public good given competing concerns of various constituent groups. Efforts to construct data warehouses that enable data mining of citizens’ personal information obtained from other organizations (including sister agencies) create a complex challenge, since privacy concerns may vary across constituent groups whose priorities diverge from agencies’ e-government goals. In addition to privacy concerns, participating government agencies’ priorities related to the use of the information may also be in conflict. This article reports on a case study of the Integrated Non-Filer Compliance System used by the California Franchise Tax Board for which data are collected from federal, state, and municipal agencies and other organizations in a data mining application that aims to identify residents who under-report income or fail to file tax returns. This system pitted the public good (ensuring owed taxes are paid) against citizen concerns about privacy. Drawing on stakeholder theory, the authors propose a typology of four stakeholder groups (data controllers, data subjects, data providers, and secondary stakeholders) to address privacy concerns and argue that by ensuring procedural fairness for the data subjects, agencies can reduce some barriers that impede the successful adoption of e-government applications and policies. The article concludes that data controllers can reduce adoption and implementation barriers when e-government data mining applications rely on data shared across organizational boundaries: identify legitimate stakeholders and their concerns prior to implementation; enact procedures to ensure procedural fairness when data are captured, shared, and used; explain to each constituency how the data mining application helps to ensure distributive fairness; and continue to gauge stakeholders’ responses and ongoing concerns as long as the application is in use.     

美国政府信息资源管理法律、政策、标准制定体系研究

梳理了美国信息资源管理法律、政策和标准的发展脉络,揭示了它们的制定部门与机构的组织结构、产生背景、发展现状,分析了它们的制定思想与指导原则,归纳出美国政府信息资源管理相关法律、政策和标准的制定体系,指出美国信息资源管理法律、政策和标准的制定活动经历了内容从单一到多元,最终形成以电子政府为核心概念的信息资源管理体系框架的发展历程。

Abstract：

The paper reviews the development history of US law,policy and standard for information resources management,reveals the organizational structure,background and development status of its formulation departments and agencies,analyzes their formulating ideologies and guiding principles,and summarizes the formulation system of law,policy and standard for US government information resources management. The paper points out that the formu-lation process of US law,policy and standard for information resources management has experienced a development history from single content to multi-content,finally forming a system framework of information resources management with the e-government as the core concept.     

美国网络隐私权的行业自律保护及其对我国的启示

美国出于对自由政策的传统、现实经济利益、快速发展的网络技术与冗长烦琐的立法程序之间矛盾的考量,实行以行业自律为主导的网络隐私权保护模式。其行业自律主要形式包括建议性的行业指引、网络隐私认证计划、技术保护和企业自律等。考虑到我国目前的现实,如果实施比较严格完善的法律法规来保护网络隐私权,对整个互联网行业将会起到很大的限制作用,这对于我国原本就比较落后的互联网产业来说,更是加重了负担,会阻碍其追赶发达国家的步伐。因此,我国在一定程度上也应借鉴美国以行业自律的方式来保护网络隐私权。     

Caller ID and the meaning of privacy

Caller ID service continues to be a controversial issue in the U.S. because of its privacy implications. State and federal regulators, legislators, scholars, and the courts have examined and responded to the privacy issue from a policy perspective, but perhaps without a complete understanding of the meaning of privacy in the context of the debate. What types of privacy are involved, how significant are these interests, and how might privacy needs compare and be balanced? This article explores privacy in the context of the Caller ID debate from a social science perspective. It examines motives for seeking and preserving privacy and explores the dynamic relationship between the caller and called party positions. It then provides an analysis of current and proposed Caller ID features and policies with a view toward understanding how these proposals balance competing privacy needs. This article establishes an analytic framework and a foundation for further study of caller and called party privacy that should lead to a better understanding of the privacy debate and the privacy implications of Caller ID.     

美国应对贸易的技术壁垒战略分析

通过分析《美国海关法典》中的《1979年贸易协定法》,特别是其中的《贸易的技术壁垒(标准)》,可看到美国的美国法优先国际贸易法、标准化活动及采用国际标准、对美国对外商业保护、基本术语定义、总统应采取合理的措施、联邦政府机构的职能,标准信息中心职责和要求等情况。通过金融危机以来美国种种举措,可以看到奥巴马政府应对贸易的技术壁垒的"攻与防"战略新发展。     

科技电子政务业务系统中的AAA安全技术

电子政务日益集成化、平台化,并逐渐转向以用户为中心的服务模式发展,而网络安全环境却不断恶化,科技电子政务的业务系统迫切需要严密的安全防护。本文针对科技电子政务的业务系统的特点,介绍了作为安全架构基础的认证、授权和审计（AAA）技术的重要性,并据此提出了一些具体的技术方案,供建设电子政务业务系统时参考。     

Privacy exchanges: restoring consent in privacy self-management

This article reviews the qualitative changes that big data technology introduced to society, particularly changes that affect how individuals control the access, use and retention of their personal data. In particular interest is whether the practice of privacy self-management in this new context could still ensure the informed consent of individuals to the privacy terms of big data companies. It is concluded that that accepting big data companies’ privacy policies falls short of the disclosure and understanding requirements for informed consent. The article argues that the practice of privacy self-management could remain viable if the review, understanding and acceptance of privacy agreements is streamlined, standardized and automated. Technology should be employed to counter the privacy problems created by big data technology. The creation of the privacy exchange authorities (PEA) is proposed as a solution to the failures of privacy self-management. The PEA are intermediaries that empower individuals to define their own privacy terms and express informed consent in their dealings with data companies. They will create the technological infrastructure for individuals to select their own privacy terms from a list of standard choices, potentially only once. The PEA will further mediate the delivery and authentication of the individual users’ privacy terms to data companies. A logical proof of concept is offered, illustrating the potential steps involved in the creation of the PEA.     

美国国家实验室治理机制研究———以能源部国家实验室为例

美国联邦政府资助科学发展的基本模式包括以国家实验室系统为主的集中管理和资助模式，和以科学基金为主的自由探索科学研究资助模式。国家实验室系统是联邦政府资助科学的主要渠道，国家实验室以任务导向研究为主，服务国家需求为目的。大部分国家实验室采用“政府所有、合同运营”治理模式，主要涉及联邦主管机构、国家实验室和合同承包商三方主体间关系。国家实验室的管理制度是围绕联邦主管部门的监管要求及研究任务开展的需求进行设计的，核心制度（以能源部为例）包括财政资金的拨付及资助形式、实验室战略与联邦主管机构的协同、M&O合同机制、承包商PEMP绩效考核机制、承包商保证系统制度设立以及监管部门的评估问责制度。     

MP3: The Meaning of a Format,by Jonathan Sterne. Durham,NC: Duke University Press, 2012. 360 pp. $24.95 paper. ISBN 0822352877 (paper).

Along with informed consent, anonymization is an accepted method of protecting the interests of research participants, while allowing data collected for official statistical purposes to be reused by other agencies within and outside government. The Decennial Census, carried out in a number of countries, including the United Kingdom, is a major event in the production of research data and provides an important resource for a variety of organizations. This article combines ethical evaluation, a review of relevant law and guidance, and analysis of 30 qualitative interviews (carried out during the period of the 2001 UK Census), in order to explore the adequacy of the current framework for the protection of informational privacy in relation to census data. Taking account of Nissenbaum's concept of “contextual integrity,” Vedder's concept of “categorical privacy,” and Sen's call to heed of the importance of “actual behavior,” it will be argued that the current “contractarian” view of the relationship between an individual participant and the organization carrying out the Census does not engage sufficiently with actual uses of data. As a result, people have expectations of privacy that are not matched by practice and that the current normative—including the governance—framework cannot capture.     

Factors influencing intention to use e-government services among citizens in Malaysia

This study is an exploratory study on the e-government in Malaysia. With the liberalization and globalization, Internet has been used as a medium of transaction in almost all aspects of human living. This study investigates the factors that influencing the intention to use e-government service among Malaysians. This study integrates constructs from the models of Technology Acceptance Model (TAM), Diffusion of Innovation (DOI) which been moderated by culture factor and Trust model with five dimensions. The study was conducted by surveying a broad diversity of citizens in Malaysia community. A structured questionnaire was used to collect data from 195 respondents but only 150 of the respondents with complete answers participating in the study. The result of the analysis showed that trust, perceived usefulness, perceived relative advantage and perceived image, respectively, has a direct positive significant relationship towards intention to use e-government service and perceived complexity has a significant negative relationship towards intention to use e-government service. While perceived strength of online privacy and perceived strength of non-repudiation have a positive impact on a citizen's trust to use e-government service. However, the uncertainty avoidance (moderating factor) used in the study has no significant effect on the relationship between the innovation factors (complexity, relative advantage and image) and intention to use e-government service. Finally in comparing the explanatory power of the entire intention based model (TAM, DOI and Trust) with the studied model, it has been found that the DOI model has a better explanatory power.     

电子政府信息公开隐私权保护制度

隐私信息是政府信息公开的例外,但有时政府信息公开又在无形中侵害公民隐私权。公民既要保护自己的隐私权,免受他人获取、公开和传播隐私信息,又希望政府信息全面公开,以充分保障自己的知情权。尤其在人们越来越注重保护个人隐私权的数字时代。因此,政府机关在公开政府信息的同时,如何能够做到既合理公开政府信息又保护公民的隐私权就值得思考。     

美国联邦政府研发资助的稳定与竞争机制——基于预算数据的研究

政府研发资助是全社会研发投入的重要组成部分,特别是对基础研究等基础性、前沿性科研活动的资助是国家科技水平提升的重要动力和源泉。美国联邦政府自二战以来构建的对外研发资助机制对于美国科技实力的快速提升具有重要的推动作用,对我国政府研发资助机制的优化改革具有重要的借鉴意义。那么,美国联邦政府在对外研发资助中如何协调稳定拨款与竞争性项目资助的关系?稳定拨款与竞争性项目资助的具体机制怎样?为回答上述问题,文章以联邦政府对外研发资助的底层预算数据作为分析对象,构建分析框架,运用统计分析、聚类分析和文本分析等方法,基于统一的数据来源与分析框架,识别美国联邦政府研发资助中稳定拨款与竞争性项目资助的关系框架、分析资助机制与特点,进而形成了对美国联邦政府研发资助机制的完整认识。通过分析,发现美国联邦政府对外研发资助具有:(1)联邦政府对外研发资助紧密围绕机构自身的使命定位展开。(2)基于目标,采用与其相匹配的资助机制。(3)实现联邦机构自身的职能与使命的研发活动多采用稳定拨款机制。(4)产生公共产品的研发活动更多依靠竞争性项目资助机制。最后,基于上述结论提出了对我国政府研发资助的相关政策建议。     

Privacy Rights and Protection: Foreign Values in Modern Thai Context

The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand, as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform and the influences of globalization have speeded up the process of westernization of the urban, educated middle-class professionals. However, the strength of traditional Thai culture means that a mass awareness of the concept of privacy rights remains scarce. This paper explicates the Thai cultural perspective on privacy and discusses the influence of Buddhism on privacy rights, including the impacts of globalization and the influence of Western values on the country’s political and legal developments. The paper also discusses the legal provisions regarding privacy protection, and the debates on the smart ID cards policy and SIM cards registration for national security.     

中美科研不端嫌疑人隐私权保护制度之比较

美国对科研不端嫌疑人的隐私权保护较为重视,隐私权保护制度较为完备,它以成熟完善的法律体系为基础,对惩戒机构及人员的隐私保护职责,对调查程序中嫌疑人隐私权保护,对查实和结案后的嫌疑人隐私权保护等都有详细而具体的规定,操作性强。相比较,我国对隐私权的保护重视不够,科研不端嫌疑人隐私权保护制度的法律依据层次较低,没有对隐私权完整保护的法律基础,有关惩戒机构隐私权保护职责的规定较为原则、模糊,缺乏明确、具体的保护措施。我们需要借鉴美国相关规定,完善我国相应制度,切实保护科研不端嫌疑人的隐私权。     

论美国联邦电子政府推进中的信息法制建设

论述了美国联邦电子政府推进中的信息法制建设，分析了相关法律的引导和规范作用。     

E-Government Policy and Health Information Systems Implementation in Andhra Pradesh,India: Need for Articulation of Linkages Between the Macro and the Micro

In recent years, many different types of e-government projects have been implemented across the developing world. One important application area, especially following the Millennium Development Goals, is the introduction of health information systems to improve the management of health care for development. Despite significant investments in these projects, experience reveals a disjuncture between macro-level policy priorities and micro-level implementation of these programmes. We use a broad conceptualization of evaluation to synthesize priorities at different levels during the implementation of an e-government project—the Health Information Systems Project (HISP) in Andhra Pradesh, India. This enables us to identify important enabling processes and conditions which serve to connect policy and implementation priorities. Our findings suggest that evaluation does help us to understand the disjuncture between policy at the macro level and implementation at the micro level and to identify linkages between the two. Finally, we discuss some of the key institutional issues that need to be addressed to translate the learning derived from the field into policy actions.     

E-Government Policy and Health Information Systems Implementation in Andhra Pradesh, India: Need for Articulation of Linkages Between the Macro and the Micro

In recent years, many different types of e-government projects have been implemented across the developing world. One important application area, especially following the Millennium Development Goals, is the introduction of health information systems to improve the management of health care for development. Despite significant investments in these projects, experience reveals a disjuncture between macro-level policy priorities and micro-level implementation of these programmes. We use a broad conceptualization of evaluation to synthesize priorities at different levels during the implementation of an e-government project—the Health Information Systems Project (HISP) in Andhra Pradesh, India. This enables us to identify important enabling processes and conditions which serve to connect policy and implementation priorities. Our findings suggest that evaluation does help us to understand the disjuncture between policy at the macro level and implementation at the micro level and to identify linkages between the two. Finally, we discuss some of the key institutional issues that need to be addressed to translate the learning derived from the field into policy actions.     

Innovation in a federal state

As a country with a relatively small international reputation for manufacturing and, apparently, with an even smaller one for technology-based product and process innovation in manufacturing, Canada has a long way to go to develop its manufacturing and innovative activities to the stage reached by most European countries. Recently, however, a number of science and research policy studies have been made to examine problems associated with innovation in manufacturing. This present paper deals with two important elements associated with these studies, namely, the organization of the public sector in Canada and the roles and responsibilities of the public sector agencies with regard to the encouragement of technology-based innovation in manufacturing. As pointed out in the paper, the federal structure and the agencies within it may at present frustrate as well as encourage innovation. However, assuming that the appropriate policy objectives can be articulated and accepted, the removal of the principal public sector frustrations will be dependent upon better divisions of responsibility and labour between the three levels of government.     

科技政策视角下的竞争与创新——美国科技政策立法对合作创新的反托拉斯规制

竞争、创新、反托拉斯法的关系问题为竞争法学界所关注。而在创新政策体系中,科技政策应为不可或缺的一部分。以科技政策为切入点探讨竞争、创新与反托拉斯,在借鉴美国三部科技政策立法对合作创新反托拉斯放松规制分析下,对中国的相关立法提出建议。