Zdravko Skakavac
INDUSTRIAL ESPIONAGE IN CASE OF CHINA AND USА
Industrial espionage, especially in the form of intellectual property theft, generates billions of dollars profit, and thereby its importance in the modern world is increasing. The scandal regarding the company Huawei has showed the complexity of the issue. The company concerned has become a “stumbling block“ between the two superpowers, given the numerous accusations that are coming from the US side that Huawei, in general sense, engaged in industrial espionage on behalf of the Chinese government. It was found that the Chinese industrial espionage related to the alleged theft of technology for fighter of the latest generation F-35, corporate secrets of many companies, such as Motorola, Ford, General Motors, DuPont, well-known US companies in the field of agriculture, and in the field of satellite program, as well as theft of intellectual property with the help of so-called “sleepers’’ in form of Chinese students in the United States. It turned out that industrial espionage takes many forms and that the methodology of intelligence agencies is developing day by day. A particularly dangerous form of industrial espionage represents the theft of intellectual property with the help of modern information and communication technologies. Numerous detected activities in the field of industrial espionage shows that no superpowers does not shy away from committing acts of industrial espionage, regardless of whether the objective of the activities has political, defense or economic character. Although in this paper emphasis is placed on industrial espionage conducted by China against the US, it does not mean that from the opposite direction has similar attacks. Therefore, defense against industrial espionage is very complex issue that requires the involvement of the entire security apparatus of the affected country. We should not neglect the fact that the security apparatus of modern states, often, burdened with other challenges, such as terrorism, organized crime, corruption which, however, imposes a dilemma whether existing resources (personnel and material-technical) are sufficient to fight against industrial espionage. It is necessary that the potential victims of industrial espionage pay greater attention to the protection of its own research and trade secrets, as well as to take appropriate measures in the field of information security. It is necessary to increase the counter-intelligence protection, but also to develop effective systems of defense against cyber attacks and disclosure of business secrets. Industrial espionage (particularly in light of the scandal around the company Huawei) will be a serious political problem in the relations between China and the US, which may lead to further escalation of the conflict between these states in the future.
“CAMBRIDGE ANALYTICA” SCANDAL – NEW CHALLENGE IN PERSONAL DATA PROTECTION?
In this paper we analyzed the affair in relation to the companies Facebook and Cambridge Analytica, in the light of new EU regulations in the field of data protection (GBER). The analysis showed that there is a great need for more effective protection of personal data of users on the Internet. Also, the analysis showed how abuses of personal data are carried out. Bearing in mind that the new Regulation can be applied beyond the borders of the European Union, it has been pointed out several key issues regarding its extraterritorial application. First, it was found that in practice there are difficulties regarding the implementation of the Regulation. Second, the analysis showed that in the case of extraterritorial application of the Regulation the problem of the conflict of jurisdictions occurs. Third, mechanisms for resolving conflicts between the laws of different countries are not sufficiently developed. Solution is the conclusion of bilateral international agreements between the EU and third countries. This would enable the implementation of the Regulation in countries which are not members of the Union. The research used normative methods and legal and logical methods of induction and deduction.
