Mimiao Hu

Of Counsel

Beijing


Read full biography at www.orrick.com
Mimiao Hu, an of counsel in Orrick’s Beijing office, is a member of the Intellectual Property Group.

Her work has included trademark and copyright protection strategies, intellectual property litigation, unfair competition, intellectual property due diligence, cybersquatting and related technology issues. Mimiao has also advised clients on export regulation of military and dual-use items and customs regulation in China. In addition, Mimiao works extensively on cybersecurity & data privacy issues for both Chinese and international clients.

Prior to joining Orrick, Mimiao was a senior associate in the Beijing and Shanghai offices of a major PRC law firm.

Posts by: Mimiao Hu

China Passes (De) Encryption Cyber Law

china

On December 27, 2015, the Standing Committee of the National People’s Congress, China’s national legislative body, passed the Counter-Terrorism Law of China, which entered into force on January 1, 2016.  Although the law’s precise breadth and scope are yet to be determined, the law has important implications for companies deploying encryption technology as part of their cybersecurity programs.

As an initial matter, the Counter-Terrorism Law applies to telecommunications operators and internet service providers in China, but may very well be construed much more broadly.  Specifically, the concept of an internet service provider is not clearly defined under Chinese law, and could refer to any business that provides services via the internet in China.  This would sweep in the majority of global, including U.S.-based, technology companies with equipment, offices, employees and/or customers present in the Chinese marketplace.

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