Guidelines for the Construction of the Online Data Security Standards System

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(Opinion-seeking draft)

April 2020

Foreword

Following the connection and convergence of information technology and human production and lives, global data have gained the characteristics of explosive growth and massive collection, the big data industry is in a period of brisk development, technological progress and application innovation have accelerated their advance in lockstep, data resources have become national fundamental strategic resources and innovation factors for social production. At present, our country’s telecommunications and Internet sectors are developing rapidly, collecting large amounts of online data, and at the same time as liberating the development potential of the data economy and stimulating the accelerated growth of the data economy, we face severe security risks. This requires that we deeply understand the importance and urgency of online data security, persist in equally stressing security and development, vigorously responding to complex and severe security risks and challenges, and accelerate the construction of a security protection system for online data.

“In safe development, standards go first”, standardization work is an important basis in guaranteeing online data security. In order to implement the requirements of laws and regulations such as the “Cybersecurity Law of the People’s Republic of China”, the “National People’s Congress Standing Committee Decision concerning Strengthening Online Information Protection”, the “Telecommunications and Internet User Personal Information Protection Regulations”, etc., guide online data security standardization work in the telecommunications and Internet sectors, the Ministry of Industry and Information Technology has organized the drafting of the “Guidelines for the Construction of the Online Data Security Standards System” (hereafter simply named “Construction Guidelines”. The “Construction Guidelines” give full rein to the top-level design and fundamental guidance roles of standards, and provides a powerful support for guaranteeing online data security in the telecommunications and Internet sectors, stimulating the rational and orderly flow of online data, and assist the high-quality development of the digital economy. Read the rest of this entry »

Notice concerning Promoting the Accelerated Development of 5G

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MIIT Communications No. (2020)49

All provincial, autonomous regions, municipal, plan-listed city and Xinjiang Production-Construction Corps controlling departments for industry and information technology, and wireless communications management bodies, all provincial, autonomous region and municipal telecommunications management bureaus, China Telecom Group Co. Ltd., China Mobile Telecommunications Group Co. Ltd., China Unicom Telecommunications Group Co. Ltd., China Tower Co. Ltd., China Broadcast Network Co. Ltd.:

In order to deeply implement the spirit of General Secretary Xi Jinping’s important speech concerning promoting the accelerated development of 5G networks, forcefully advance 5G network construction, usage, popularization, technology development and security protection, give full rein to the effects of scale and driving role of new 5G infrastructure, and support high-quality economic development, hereby, related matters are notified as follows:

Read the rest of this entry »

Management Rules for Credit Information of Gravely Untrustworthy Subjects in Internet Information Services (Opinion-seeking Draft)

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Article 1: In order to stimulate the construction of credit in the Internet information services area, ensure the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “Cybersecurity Law of the People’s Republic of China”, the “Planning Outline for the Construction of a Social Credit System”, the “State Council Guiding Opinions concerning Establishment and Perfection of Joint Incentive Structures for the Trustworthy and Joint Punishment Structures for the Untrustworthy, and Accelerating the Advance of Social Credit Construction”, the “State Council General Office Guiding Opinions concerning Accelerating the Advance of Social Credit System Construction and Building Novel Management Mechanisms Based on Credit” and the “State Council Notice  concerning Authorizing the Cyberspace Administration of China to Take Responsibility for Internet Information Content Management Work”, these Rules are formulated. Read the rest of this entry »

A Change Is Gonna Come

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Dear visitors

As you may have noticed, the direction of my research has shifted over the past few years, as I gradually moved away from issues pertaining to intellectual property, media and ideology towards digital technology and cybersecurity. Consequently, I feel that the moniker of “Copyright and Media” no longer adequately covers the substance of what I do. Moreover, I am in the fortunate position of having become part of a small group of energetic scholars and analysts interested in similar topics. The work that we are able to do together far outstrips what I can accomplish by myself in both quality and quantity. For these reasons, I have decided to suspend further updates to this website.

With the support of New America and the Leiden Asia Centre, the tech-related parts of this database will, over the coming months, be migrated to an all-new database as part of the DigiChina project. This database will have a number of additional features, including annotations to translations, a lexicon explaining particular terms and slogans, linkages between documents and an institutional overview of China’s tech governance architecture. This will make the database a much more powerful tool for China watchers.

It has been a pleasure to see this website become a well-used source both in academia and journalism: it has been cited by nearly 500 papers and numerous press articles. For this reason, and because a significant part of the database will not migrate to DigiChina, this website will be kept online and available. The China Media twitter account will be renamed to reflect my current research interests. I wish to thank you for the support that I have received from many of you over the years.

Rogier

 

Xi Jinping’s Speech at the National Cybersecurity and Informatization Work Conference

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In the wake of the recent upgrade of the Central Leading Group for Cybersecurity and Informatization to a fully-fledged Commission, a national Work Conference on Cybersecurity and Informatization work took place in Beijing on 20 and 21 April. Xi Jinping gave a speech outlining adjusted priorities after the 19th Party Congress. The full text of the speech has not (yet) been made public. This is a translation of the official Xinhua report. Analysis will be published on the DigiChina platform. 

Xi Jinping Stresses at the Cybersecurity and Informatization Work Conference to Keenly Grasp the Historical Opportunity in Informatization Development, and Move Forward the Construction of a Cyber Power through Indigenous Innovation

Li Keqiang Chairs, Li Zhanshu, Wang Yang, Wang Huning, Zhao Leji and Han Zheng Attend

Xinhua, 21 April, Beijing (Journalists Zhang Xiaosong, Zhu Jichai). The National Cybersecurity and Informatization Work Conference was convened on the 20th and 21st in Beijing. CCP Central Committee General Secretary, State President, Chair of the Central Military Commission and Chair of the Central Commission for Cybersecurity and Informatization Xi Jinping attended the Conference and gave an important speech. He stressed that informatization has brought extremely rare opportunities to the Chinese nation. We must acutely grasp the historical opportunity of informatization development, strengthen online positive propaganda, safeguard cybersecurity, promote breakthroughs in core technologies in the informatization area, give rein to the guiding role of informatization in economic development, strengthen civil-military convergence in the cybersecurity and informatization area, actively participate in international cyberspace governance processes, move forward the construction of a cyber power through indigenous innovation, and make new contributions to determine victory in comprehensively constructing a moderately prosperous society, seize new grand victories for Socialism with Chinese Characteristics in a new era, and realize the Chinese Dream of the Great Rejuvenation of the Chinese Nation. Read the rest of this entry »

Regulations for Internet Security Supervision and Inspection by Public Security Bodies

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(Opinion-seeking Draft)

Chapter I: General Principles

Article 1: In order to strengthen and standardize Internet security supervision and inspection work by public security bodies, prevent online law-breaking and crime, safeguard cybersecurity, protect the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “People’s Police Law of the People’s Republic of China”, the “Cybersecurity Law of the People’s Republic of China” and other such relevant laws and administrative regulations, these Regulations are formulated. Read the rest of this entry »

Opinions concerning Appropriately Limiting Specific Gravely Untrustworthy Persons from Traveling on Civil Aircraft for a Certain Period, and Promoting the Construction of the Social Credit System

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FGCJ (2018)385

All provincial, autonomous region, municipal and the Xinjiang Production-Construction Corps social credit system construction leading work units, spiritual civilization offices, higher people’s courts, finance offices (bureaus), human resources and social security offices (bureaus), the State Administration of Taxation, local taxation bureaus, all delegated agencies of the China Securities Regulatory Commission, all local civil aviation management bureaus, all transportation (general) airline companies, airport companies, the China Civil Aviation Information Group, airport public security bureaus: Read the rest of this entry »

Opinions concerning Appropriately Limiting Specific Gravely Untrustworthy Persons from Riding Trains for a Certain Period, and Promoting the Construction of the Social Credit System

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FGCJ (2018)384

All provincial, autonomous region, municipal and Xinjiang Production-Construction Corps social credit system construction leading work units, spiritual civilization offices, higher-level people’s courts, finance offices (bureaus), human resources and social security offices (bureaus), the State Administration of Taxation, local taxation bureaus, all delegated agencies of the China Securities Regulatory commission, railway transportation enterprises, the Academy of Railway Science, and all railway public security bureaus: Read the rest of this entry »

Internet News Information Service Work Unit Content Management Staff Management Rules

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Chapter I: General provisions

Article 1: In order to strengthen management of content management staff in Internet news information service work units, safeguard the lawful rights and interests of staff and the social public, and stimulate the healthy and orderly development of internet news information services, on the basis of the “Cybersecurity Law of the People’s Republic of China” and the “Internet News Information Management Regulations”, these Rules are formulated. Read the rest of this entry »

Security Assessment and Management Regulations concerning New Technologies and New Applications in Internet News Information Services

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Article 1: In order to standardize security assessment and management work concerning new technologies and new applications in Internet news information services, safeguard national security and the public interest, protect the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “Cybersecurity Law of the People’s Republic of China”, and the “Internet News Information Service Management Regulations”, these Regulations are formulated.

Article 2: These Regulations apply to national, provincial, autonomous region and municipal Internet information offices’ organization and execution of security assessments of new technologies and new applications concerning Internet news information services. Read the rest of this entry »

What did Xi Jinping say about cyberspace?

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Yesterday, Xi Jinping presented his political report to the 19th Party Congress – a 32000 word behemoth comprehensively covering all areas of economic, political and social life. The report announces a new era in China’s historical progress. In CCP theory, history is divided in stages, which are characterised by various contradictions that are subordinate manifestations of one fundamental contradiction. Once that contradiction is solved, history moves to the next phase. Xi now announced that the primary contradiction is no longer the one defined by Deng Xiaoping: the tension between China’s material poverty and the needs of its population. Instead, Xi claims the major problem that must now be solved is China’s imbalanced development. In other words, GDP growth at all costs is out, in favour of a more comprehensive approach to social and economic governance. Technology will obviously play a central role in this regard, as a governance tool and a potential economic growth pole, but also as a source of potential risk and disruption. The journal China Information Security very usefully listed the excerpts referring to cybersecurity and informatization, which are translated here:

I, The work from the past five years and historical changes

Public culture service levels have incessantly risen, literature and art creation continues to flourish, cultural undertakings and cultural industries thrive and develop, Internet construction, management and use has incessantly been perfected, and the entire people’s fitness and competitive sports levels have developed comprehensively.

III, The thought and basic orientation of Socialism with Chinese Characteristics for a New Era and

(4) Persisting in new development ideas. […] Push forward the synchronized development of new kinds of industrialization, informatization, urbanization and agricultural modernization, actively participate in and promote the progress of economic globalization, and develop and ever higher-level, open economy, incessantly expand our country’s economic strength and comprehensive national strength.

(10) Persist in the overall view of national security. […] Comprehensively manage external security and internal security, territorial security and citizens’ security, traditional security and non-traditional security, our own security and common security, perfect national security structures and systems, strengthen the construction of national security capabilities, and determinedly defend the country’s sovereignty, security and development interests.

V, Implement new development ideas, build modernized economic systems

(1) Deepen supply-side structural reform. […] Accelerate the development of advanced manufacturing sectors, promote the profound convergence of the Internet, big data, artificial intelligence and the real economy, foster new growth points and create new drivers in areas such as mid- and high-end consumption, innovative leadership, greenness and low-carbon, the sharing economy, modern supply chains, human capital services and other such areas. […] Strengthen the construction of basic infrastructure networks for irrigation, railways, roads, waterways, aviation, pipelines, the electricity grid, information, logistics, etc.

(2) Accelerate the construction of an innovative country. […] Strengthen the use of basic research, expand the implementation of national major science and technology programmes, give prominence to critical and common technologies, advanced forerunner technologies, modern engineering technologies, disruptive technology innovation, in order to provide powerful support for the construction of a strong science and technology country, a strong quality country, a strong aviation country, a strong cyber country, a strong transportation country, a strong digital country and a smart society.

VII, Persist in cultural self-confidence, promote the flourishing and ascendance of Socialist culture

(1) Firmly grasp leadership power in ideological work. […] Deepen Marxist theory research and construction, accelerate the construction of philosophy and social science with Chinese characteristics, and strengthen the construction of new types of think tanks with Chinese characteristics. Give high regard to construction and innovation in means of dissemination, and raise the communication power, guiding power, influence and credibility of news and public opinion. Strengthen the construction of Internet content, establish comprehensive network governance systems, and create a clear and crisp cyber space.

VIII, Raising, guaranteeing and improving people’s living standards, strengthening and innovating social governance

(1) Giving priority to development of education. […] Promote the integrated development of urban and rural compulsory education, give high regard to rural compulsory education, run preschool education, special education and online education well, universalize education at the higher secondary stage, and strive to let every child enjoy fair and high-quality education.

(7) Effectively safeguard national security. National security is an important cornerstone to bring peace and stability to the nation, safeguarding national security is the locus of the fundamental interest of the people of all ethnicities in the entire country. We must perfect the national security strategy and national security policies, firmly safeguard national political security, and comprehensively advance security work in all areas. Complete national security systems, strengthen legal guarantees for national security, and raise capabilities to guard against and resist security risks. Closely guard against and resolutely attack all kinds of infiltration, subversive and destructive activities, violent and terrorist activities, ethnic separatist activities, and religious extremist activities. Strengthen national security education, strengthen the national security consciousness of the entire Party and the people in the entire country, and promote all of society to create and safeguard powerful polled efforts for national security.

X, Firmly march the path of a strong military with Chinese characteristics, comprehensively move national defence and military modernization forward

Adapt to new global military changes and development trends and national security demands, raise construction quality and efficiency, ensure that mechanization is basically realized by 2020, that informatization concentration sees major progress, and strategic capabilities increase greatly.

The military must prepare to wage war, all work must target the norm of combat effectiveness, the focus must be on waging war and waging war victoriously. Firmly prepare for military struggles in all strategic orientations, comprehensively advance military struggle preparation in traditional security areas and new strategic areas, develop new kinds of battle forces and protection forces, launch combat-type military training, strengthen the use of military forces, accelerate the development of military smartification, raise joint warfare capabilities and all-area warfare capabilities based on online information systems, effectively mould situations, manage and control crises, contain war, and fight war victoriously.

XII, Persist in the path of peaceful development, promote the construction of a community of common destiny for humanity.

At the same time, the world faces prominent instabilities and indeterminacies, global economic growth drivers are insufficient, the difference between rich and poor grows graver daily, regional hotspots and problems rise one after another, terrorism, cybersecurity, major epidemics, climate change and other such non-traditional security threats continue to proliferate, humanity faces many common challenges.

XIII, Unwaveringly, comprehensively and strictly govern the Party, incessantly raise the Party’s governing ability and leadership levels.

Strengthen reform and innovation skills, maintain a tenacious and enterprising spiritual bearing, be good at integrating real creativeness in moving work forward, and be good at using Internet technologies and informatized means to carry out work.

Provisions on the Management of Internet Forum Community Services

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This translation was completed by ChinaLawTranslate, and is republished here with kind permission

Article 1: These Provisions are formulated on the basis of the “Cybersecurity Law of the P.R.C.”and the“State Council’s Notification of Authorization of the State Internet Information Office to be Responsible for Efforts to promote the healthy and orderly development of the internet forum community industry, so as to standardize Internet forum community services, stimulate the healthy and orderly development of Internet forum community services, protect the lawful rights and interests of citizens, legal persons, and other organizations, safeguard national security and the public interest. Read the rest of this entry »

Public Internet Cybersecurity Threat Monitoring and Mitigation Measures

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This translation was kindly provided by John Costello

Ministry of Industry and Information Technology Network [2017] No. 202

Provincial, autonomous region, and municipal communications authorities, China Telecom Group Corporation, China Mobile Communications Corporation, China Unicom Group Corporation, China National Computer Emergency Technical Team/Coordination Center of China (CNCERT), China Information Communications Research Institute, National Industrial Information Security Development Research Center, China Internet Association, domain name registration management and service organs, internet companies, and cybersecurity enterprises:

In order to deepen the implementation of the spirit of General Secretary Xi Jinping’s important speeches on cybersecurity, actively respond to the dire and complex cybersecurity situation, to move forward robust public internet cybersecurity threat monitoring and mitigation mechanism, safeguard the legitimate rights and interests of citizens, legals person, and other organizations, and in accordance with “Cybersecurity Law of the People’s Republic of China” and other relevant laws and regulations, the “Public Internet Cybersecurity Threat Monitoring and Mitigation Measures”. Hereby issued to you, please realistically and effectively implement and carry out.

Ministry of Industry and Information Technology Read the rest of this entry »

A Next Generation Artificial Intelligence Development Plan

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This documents was translated jointly by Graham Webster, Paul Triolo, Elsa Kania, and Rogier Creemers. John Costello assisted with helpful comments. An analysis of this document can be found on the New America website.

State Council Notice on the Issuance of the Next Generation Artificial Intelligence Development Plan

Completed: July 8, 2017

Released: July 20, 2017

 

A Next Generation Artificial Intelligence Development Plan

 

The rapid development of artificial intelligence (AI) will profoundly change human society and life and change the world. To seize the major strategic opportunity for the development of AI, to build China’s first-mover advantage in the development of AI, to accelerate the construction of an innovative nation and global power in science and technology, in accordance with the requirements of the CCP Central Committee and the State Council, this plan has been formulated.

I.  The Strategic Situation

Read the rest of this entry »

Critical Information Infrastructure Security Protection Regulations

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This document was translated jointly by Graham Webster, Paul Triolo and Rogier Creemers

CAC Notice concerning the Public Solicitation of Opinions on the “Critical Information Infrastructure Security Protection Regulations (Opinion-seeking Draft)”

http://www.cac.gov.cn/2017-07/11/m_1121294220.htm

In order to guarantee the security of critical information infrastructure, based on the “Cybersecurity Law of the People’s Republic of China”, our Administration, jointly with relevant departments, has drafted the “Critical Information Infrastructure Security Protection Regulations (Opinion-seeking Draft)”, which is now made public for open solicitation of opinions. Relevant work units and individuals from all circles may, before 10 August, put forward opinions through the following ways:

1, Sending opinions in a letter form to: Beijing Xicheng Chegongzhuang Avenue 11, CAC Cybersecurity Coordination Bureau, Post Code 100044, and clearly indicate “opinion solicitation” on the envelope

2, Sending an e-mail to: security@cac.gov.cn.

CAC

10 July 2017

Critical Information Infrastructure Security Protection Regulations

(Opinion-seeking draft)

Chapter 1: General principles Read the rest of this entry »

Implementing Rules for the Management of Internet News Information Service Licences

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Article 1: In order to further raise the standardization and scientization levels of Internet news information service licence management, and stimulate the healthy and orderly development of Internet news information services, on the basis of the “Administrative Licensing Law of the People’s Republic of China” and the “Internet News Information Service Management Regulations” (hereafter simply named “Regulations”), these Implementing Rules are formulated.

Article 2: These Implementing Rules apply to national and provincial, autonomous region and municipal Internet information offices’ implementation of Internet news information service licensing. Read the rest of this entry »

National Intelligence Law of the People’s Republic of China (Draft)

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Chapter I: General Provisions

Article 1: In order to strengthen and guarantee national intelligence work, and safeguard national security and interests, on the basis of the Constitution, this Law is formulated.

Article 2: National intelligence work shall persist in an overall national security view, provide intelligence reference for major national policy decisions, provide intelligence support for preventing and dissolving risks endangering national security, and safeguard the national regime, sovereignty, unity, independence and territorial integrity, the prosperity of the people, economic and social sustainable development and other major national interests. Read the rest of this entry »

Interim Security Review Measures for Network Products and Services

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This translation was kindly provided by Paul Triolo

Article 1 These Measures are developed with a view to enhancing the secure and controllable levels of network products and services, guarding against cyber security risks, and safeguarding the national security, and in accordance with the laws and regulations such as National Security Law of the People’s Republic of China and the Cybersecurity Law of the People’s Republic of China.

Article 2 Important network products and services procured for use in networks and information systems that touch on national security are subject to a cybersecurity review.

Article 3 A cybersecurity review shall be conducted for network products and services and their supply chains, in a manner that combines enterprise commitments with public supervision, combines third-party assessments with government continuous regulation, and combines laboratory testing with on-site checks, on-line monitoring and background investigations. Read the rest of this entry »

Internet News Information Service Management Regulations

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Chapter I: General Provisions

Article 1: In order to strengthen Internet information content management and stimulate the healthy and orderly development of Internet news information services, on the basis of the “Cybersecurity Law of the People’s Republic of China”, the “Internet Information Service Management Rules”, and the “State Council Notice concerning Authorizing the State Internet Information Office to Take Responsibility of Internet Information Content Management Work”, these Regulations are formulated.

Read the rest of this entry »

Regulations for Internet Content Management Administration Law Enforcement Procedures

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This translation was kindly provided by John Costello

State Internet Information Office

Decree No. 2

“Regulations for Internet Content Management Administration Law Enforcement Procedures” approved in a meeting of the State Internet Information Office is hereby announced, to be implemented from June 1, 2017 onward.

Director Xu Lin

May 2, 2017

Regulations for Internet Content Management Administration Law Enforcement Procedures Read the rest of this entry »