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In the crosshairs of conscience: John Kitzhaber's death penalty reckoning

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To cope with his dread, John Kitzhaber opened his leather-bound journal and began to write.
It was a little past 9 on the morning of Nov. 22, 2011. Gary Haugen had dropped his appeals. A Marion County judge had signed the murderer's death warrant, leaving Kitzhaber, a former emergency room doctor, to decide Haugen's fate. The 49-year-old would soon die by lethal injection if the governor didn't intervene.
Kitzhaber was exhausted, having been unable to sleep the night before, but he needed to call the families of Haugen's victims.
"I know my decision will delay the closure they need and deserve," he wrote.
The son of University of Oregon English professors, Kitzhaber began writing each day in his journal in the early 1970s. The practice helped him organize his thoughts and, on that particular morning, gather his courage.
Kitzhaber first dialed the widow of David Polin, an inmate Haugen beat and stabbed to death in 2003 while already serving a life sentence fo…

China's New Cybersecurity Law Carries Death Penalty For Some Offenses

Cybersecurity
China's latest cybersecurity law came into force last week and the sky did not fall and companies have not shuttered.

After months of haranguing by foreign chambers of commerce, symposiums about draft versions of the law, and many news stories, the Cybersecurity Law went into effect. The law lists the death penalty as one of the worst penalties related to the state secrets provision in the law.

The law also requires critical information infrastructure operators to protect "important information", though the law does dot clearly delineate what information is important. The consensus is this important information refers to state secrets, intellectual property, and consumers' personal information.

The most significant change is that Chinese citizens' "personal information" and "important data" must now be stored on servers within China. Any companies claiming an exception that is "truly necessary" must undergo a security assessment before information can be released.

So this will affect marketing companies and those whose databases may contain Chinese users' domestic information. For example, if a marketing company has a global database of dentists, and 20% of that database contains records of dentists inside China, then those Chinese dentists' records must ostensibly be placed on servers inside China and not transmitted outside of China unless the company undergoes a security assessment.

Especially in cloud computing environments, where data may easily flow from a server in one national jurisdiction to another, this law will impact how businesses do business. If a small business in Shanghai wants to backup its servers and data offsite to a data center in Singapore or Seoul, the law now prohibits this type of data transfer.

But it can also affect Chinese companies who wish to expand overseas. If a company has a distributed application with a content distribution network service that assists the application to run faster for users around the world, the use of the CDN on offshore services appears to be prohibited by the new law. So how can Chinese companies legally now serve data from their base in Beijing to a user in Germany? It is still unclear and still a sign that technology is outpacing even the newest laws and regulations.

Source: chinatechnews.com, June 5, 2017

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