Edited by the Law of Meditation
The United States is one of the countries with the most complete judicial guarantee system for information security in the world, and in the United States, it has adopted the Constitution, laws, administrative regulations, etc.
The United States has established a relatively complete system for the judicial guarantee of information security, and on this basis, a relatively mature and systematic judicial system for ensuring information security has gradually been formed.
This paper mainly expounds the judicial guarantee system of information security in the United States from the aspects of the information security legislation of the U.S. Constitution, the role of courts in ensuring information security, and the enlightenment to the mainland to ensure information security.
The provisions of the U.S. Constitution on information security legislation
Article II, Section 5 of the U.S. Constitution states: "All citizens of the United States of America shall have freedom of speech." This provision is the earliest affirmation of freedom of speech in the U.S. Constitution and is the legal basis for U.S. information security legislation.
Although the Constitution does not explicitly state citizens' right to information security, this provision has become a fundamental right of American citizens, namely the right to freedom of speech.
Subsequently, the U.S. Congress successively promulgated the Communications Protection Act, the Communications Equity Act and other regulations to further protect citizens' information security rights.
At the same time, the U.S. government has also adopted other laws and regulations to strengthen the protection of citizens' right to information security. For example, the United States passed the Electronic Communications Act in 1986 to strengthen the fight against cybercrime.
In order to protect the privacy of computer users, the United States passed the Computer Privacy Act in 1997, and in order to safeguard national security and social order, the United States promulgated the National Security Act in 1996.
In order to protect information and data security, the United States adopted the "Report on Strengthening Network Information Management and Security" and other documents in 1999.
These regulations and documents are based on the Constitution and provide a solid foundation for information security legislation.
The main judicial systems involved in information security protection
The judicial guarantee system for information security in the United States mainly involves the following aspects: First, legislation for information security, that is, legal norms formulated to ensure that the rights, rights, and interests of citizens or legal persons are not infringed upon.
The second is the court set up to protect the rights and interests of citizens or legal persons, that is, institutions that protect the rights and interests of citizens or legal persons through judicial procedures.
The United States has relatively sound information security legislation, including the Computer Crime Prevention and Enforcement Act, the Federal Government Cybersecurity Act, the Electronic Communications Privacy Act, and the Internet Freedom Act.
Among them, the Computer Crime Prevention and Enforcement Act and the Electronic Communications Privacy Act are the most important laws in the U.S. information security legislation, which play an important role in ensuring information security in the United States.
Among them, the "Computer Crime Prevention and Law Enforcement Act" mainly stipulates the strengthening of administrative protection of network security and the strengthening of criminal crackdown on cybercrime.
The Electronic Communications Privacy Act mainly provides for strengthening the administrative protection of cyber security and strengthening the criminal crackdown on cybercrime.
For example, in the United States, the U.S. Department of Justice is a federal agency responsible for protecting citizens' privacy and personal information security.
Responsible for the investigation, prosecution and punishment of violations of personal privacy and personal information security, etc., on this basis.
The U.S. Congress has also regulated the administrative law enforcement of information security by relevant departments of the federal government by formulating administrative regulations and issuing executive orders.
The U.S. information security judicial guarantee system mainly protects the legitimate rights and interests of citizens or legal persons through the courts.
The courts play an important role in ensuring information security
The judicial guarantee system for information security in the United States is stipulated by the Constitution and implemented by the courts. Therefore, U.S. courts play a very important role in ensuring information security.
The U.S. Supreme Court has always adhered to the principle of protecting state secrets and protecting citizens' privacy when hearing cases involving information security.
For example, in the Telegram case before the Supreme Court, the judge held that "no organization in the United States may publicly publish, disseminate, and use speech that violates the First Amendment of the Constitution." ”
In addition to the Federal Supreme Court, each state has a dedicated information security judiciary. The Länder have also enacted specific provisions to ensure that decisions taken by the relevant bodies in their districts do not infringe on the legitimate rights and interests of citizens.
The enlightenment of the U.S. judicial system to the mainland's information security
The mainland's information security legislation started relatively late, and its strength in information security legislation is not as strong as that of the United States, but it can be seen from the US information security judicial guarantee system that while the mainland's information security legislation is constantly improving, the judicial security system is also constantly being strengthened.
In order to ensure the mainland's information security, it is necessary to learn from the US information security judicial guarantee system. Specifically, we can improve from the following aspects:
By adding content on information security to the relevant legislation, the mainland has initially formed a relatively complete and systematic legal system for information security.
However, these laws and regulations generally exist in the form of administrative regulations or departmental rules, which are difficult to effectively adapt to the actual situation that is constantly changing.
Therefore, the mainland should intensify its legislation on information security laws and regulations, and gradually improve the legal system that is compatible with the mainland's actual situation.
Establish a special court system to handle cases related to information security, because the mainland has not yet established a court system specifically responsible for protecting the interests of individuals or organizations such as individuals and organizations, as well as the rights and interests of units related to them.
The courts therefore play an important role in safeguarding the interests of individuals. Under the current judicial system, this role has not been played effectively.
In terms of judicial safeguards, it is also necessary to establish a sound accountability mechanism, because the mainland lacks a legal system to effectively investigate and punish those responsible.
As a result, there are many problems in the mainland in protecting the interests of individuals and organizations. In such cases, a sound accountability mechanism should be established to strengthen the punishment of those responsible.
epilogue
It can be seen from the U.S. information security judicial guarantee system that the U.S. attaches great importance to the protection of personal information, and the relevant content of personal information protection in its legal system is relatively sufficient.
From the current point of view, the United States has established a relatively complete legal system for the protection of personal information, especially for information security-related legislation and justice.
The mainland has also formulated corresponding laws and regulations on ensuring information security, but the legislation on information security is still relatively weak, and the mainland should give full play to the role of the courts in ensuring information security while strengthening information security legislation.
Judging from the trial of cases involving information security by U.S. courts, U.S. courts are able to protect the rights of parties and protect individual rights and interests when handling cases related to personal information protection.
Although there are some deficiencies in the trial of cases involving personal information protection by mainland courts, there are also many things that we can learn from and Xi learn from.
Therefore, the mainland can improve the security of personal information in the following aspects: Strengthen the judicial adjudication of cases related to the protection of personal information.
Establish and complete efforts to implement laws and regulations related to the protection of personal information, and strengthen efforts to build the capacity of adjudicators in cases related to the protection of personal information.