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The Data Industry by Chunlei Tang

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CHAPTER 12A GUIDE TO THE EMERGING DATA LAW

The data industry is principally making profits from the use of data. This industry consists in substantially a wide range of profit-making activities spontaneously carried out by cluster enterprises. The enterprises all gain from innovations within the data industry chain system, but so far there are no corresponding laws and regulations to compel them to implement risk prevention strategies and data resource evaluations, and to assume legal responsibility for infractions.

Even though there are many specific international and domestic regulations concerning abuse of data; a data legal system has not yet been formed. This chapter offers a development perspective for the data industry to discuss resources rights protections, competition institutional arrangements, industrial organization regulations, and financial supporting strategies, so as to facilitate corresponding legal system innovations in the jurisprudential circle.

12.1 DATA RESOURCE LAW

The social norms during a data-driven commercialization process are reasonable data resource sharing and care in preventing data resource abuse. Related laws and regulations can be traced to acts of information sharing and computer anti-abuse.

In regard to information sharing, the United States has adopted very different attitudes toward state-owned versus private information. State-owned information is completely open to the public, whereas the private information is well protected. The relevant ...

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