Enforcement

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 »

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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 »

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 »

Encryption Law of the People’s Republic of China (Opinion-seeking Draft)

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This translation was created jointly with Paul Triolo and John Costello

Table of contents

Chapter I: General principles

Chapter II: The use of encryption

Chapter III: Encryption security

Chapter IV: Stimulating the development of encryption

Chapter V: Supervision and management

Chapter VI: Legal liability

Chapter VII: Supplementary provisions

Chapter I: General principles

Read the rest of this entry »

Opinions concerning Stimulating the Healthy and Orderly Development of the Mobile Internet

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Central Committee General Office

State Council General Office

Following the swift development of information network technology and the broad popularization of smart mobile terminals, mobile Internet has, with its prominent advantages of broad availability, connectivity, smartness and universality, powerfully promoted a profound convergence between the Internet and the real economy, it has become a new area for innovative development, a new platform for public services, and a new channel for information sharing. In order to deeply implement General Secretary Xi Jinping’s thinking about the strong cyber power strategy, and stimulate the orderly and healthy development of our country’s mobile Internet, the following opinions are hereby put forward. Read the rest of this entry »

Cybersecurity Law of the People’s Republic of China

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This translation was revised and edited by Paul Triolo, and is posted here with kind permission.

Table of Contents

Chapter I: General Provisions

Chapter II: Support and Promotion of Cybersecurity

Chapter III: Network Operations Security

Section 1: General Provisions

Section 2: Operations Security for Critical Information Infrastructure

Chapter IV: Network Information Security

Chapter V: Monitoring, Early Warnings, and Emergency Responses

Chapter VI: Legal Responsibility

Chapter VII: Supplementary Provisions

Chapter I: General Provisions

Article 1: This Law is formulated in order to ensure cybersecurity, safeguard cyberspace sovereignty and national security, and social and public interests, to protect the lawful rights and interests of citizens, legal persons, and other organizations, and to promote the healthy development of the informatization of the economy and society. Read the rest of this entry »

Measures on the Administration of Internet Live-streaming Services

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This translation was published first on China Law Translate, and is reposted here with kind permission.

Article 1: These Provisions are formulated on the basis of the “Standing Committee of the National of the National People’s Congress’s Decision on Strengthening Protections for Online Information”, the “State Council’s Notification of Authorization of the State Internet Information Office to be Responsible for Efforts to Management Internet Information Content”, “Measures for the Management of Internet Information Services”, and the “Provisions on the Management of Internet News Information Services” so as to strengthen management of internet live-streaming services, to 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 »

Cybersecurity Law of the People’s Republic of China (Third Reading Draft)

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This is an annotated translation of the Third Reading Draft of the Chinese Cybersecurity Law. Struck through text indicates text removed from the second draft, underlined text indicates text added to the third draft. This translation is based on ChinaLawTranslate’s translation of the first draft, to which I contributed and which is used with kind permission. 

Chapter I: General Provisions

Chapter II: Cybersecurity Strategy, Planning and Promotion

Chapter III: Network Operations Security

Section 1: General Provisions

Section 2: Operations Security for Critical Information Infrastructure

Chapter IV: Network Information Security

Chapter V: Monitoring, Early Warnings, and Emergency Response

Chapter VI Legal Responsibility

Chapter VII: Supplementary Provisions

Read the rest of this entry »

Cybersecurity Law moves towards promulgation

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Today, it was reported that China’s draft cybersecurity law has been presented to the National People’s Congress for a third reading. It is widely expected that this reading will accept the law, which will thus be promulgated soon. The following is a translation of a Xinhua report, which outlines the changes that have been made.

The third deliberation draft of the Cybersecurity Law was submitted to the NPC Standing Committee for deliberation on the 31st. The NPC Legal Committee indicated in its report concerning the draft’s deliberation results, that the third draft made a partial revision on the basis of the second draft, including a further planned definition of the scope of crucial information infrastructure; it also provides corresponding punishment measures against foreign organizations and individuals attacking or destroying our country’s crucial information infrastructure.

Planned further definition of the scope of critical information infrastructure. Read the rest of this entry »

Opinions concerning Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanisms for Persons Subject to Enforcement for Trust-Breaking

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Opinions concerning Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanisms for Persons Subject to Enforcement for Trust-Breaking

CCP Central Committee General Office, State Council General Office

Information concerning people who are subject to enforcement for trust-breaking through a judicial procedure by a People’s Court is an important component of social credit information. Conducting credit supervision, warning and punishment of people subject to enforcement for trust-breaking, benefits stimulating persons subject to enforcement to consciously implement their duties established in valid legal documents, raises judicial credibility, and moves forward the construction of the social credit system. In order to accelerate the construction of credit supervision, warning and punishment mechanisms for people subject to enforcement for trust-breaking, the following Opinions are hereby formulated. Read the rest of this entry »

Outline of the National Informatization Development Strategy

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Central Committee General Office

State Council General Office

27 July 2016

In the present world, information technology innovation changes every day, and a tide of informatization, characterized by digitization, networking and smartification has vigorously arisen. Without informatization, there is no modernization. Adapting to and leading a new normal in economic development, and strengthening new development drivers, require informatization to penetrate into the entire process of our country’s modernization, and the acceleration and liberation of the huge potential of informatization development. Driving modernization with informatization and building a strong network power are major measures in the “Four Comprehensive” strategic positioning, and are necessary choices to realize the “Two Centenaries” struggle objective and the Chinese Dream of the great rejuvenation of the Chinese nation.

This Strategy Outline is an adjustment and development of the “National Informatization Development Strategy 2006-2020” on the basis of new circumstances, it is a programmatic document to standardize and guide national informatization development in the next ten years it is an important component part of the national strategy system, and is an important basis for the formulation of plans and policies in the area of informatization. Read the rest of this entry »

Use Big Data Thinking and Methods to Enhance the Government’s Governing Capacity

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Seeking Truth 2016/12

Chen Gang

Key points:

– In the present era, data has become a national basic strategic resource, bug data is gaining an ever more important influence on the operational mechanisms of the global economy, society’s way of life and national governing capability. The Party Centre and the State Council are giving the development of big data and innovation of application in high regard, and the 5th Plenum of the 19th Party Congress clearly put forward the implementation of the national big data strategy.

– The scientific and technological revolution is moving forward rapidly, which is especially due to the advent of big data era, which urgently requires governmental governing to transform from closed management to open governance, from unidirectional management to coordinated governance, from passive influence to active service, from qualitative management to quantitative management, from extensive management to detailed management, from operational management to conventional management, and so to realize a transformation of social governance thinking, improvement in social governance methods, progress of governmental policymaking technology, the upgrading of risk control capacity, the recreation of public management workflows, and the enhancement of social coordination in governance.

– We are entering the Internet era and the big data era, public goods and public services must progressively transform from being “supply-oriented” to being “demand oriented”, from focusing on “service coverage” to focusing on “service experience”, and from focusing on “passive provision” to “active provision”.

– The first step to enhance the government’s governing capacity with big data is to transform the traditional concentration of work in offices, and the paper transmission of public documents between different departments into paperless, networked and virtualized new methods, ensure the informatization of public affairs workflows, and use the Internet to realize the online operation of governmental affairs.

– What we must guard against is that, if there is no openness and sharing of cross-regional, high-quantity, specialized data, using big data to upgrade the government’s governing capability is an empty phrase; but if we completely fail to differentiate which data should be opened op or not, it may bring great privacy and secrecy leaks, and the disaster of great economic fluctuations. Read the rest of this entry »

The Situation of the Revision of the Cybersecurity Law (Draft)

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This is the National People’s Congress’ official explanation of the changes made in the Second Reading Draft of the Cybersecurity Law.

I, Some Standing Committee Members suggested that the content of Article 11 of the Draft, concerning the national cybersecurity strategy, be moved to the General Principles, to clarify its important position. Some Standing Committee Members, localities and departments pointed out that, in order to better maintain sovereignty in cyberspace, and to vigorously and actively respond to cyber attacks and destruction at home and abroad, State measures to maintain cybersecurity should be further strengthened, in the corresponding articles, content concerning resisting domestic and foreign cybersecurity threats, protection of the security of critical information infrastructure, punishment of online law-breaking and crime, maintaining order in cyberspace, etc., has been added. The Legal Committee praised the abovementioned opinion, and suggested the following revision be made to the draft: first, the content of Article 11 be moved to the General Principles, and be revised as: the State formulates and incessantly perfects a cybersecurity strategy, which clarifies the basic requirements and main objectives of ensuring cybersecurity, puts forward cybersecurity policies, work tasks and measures for focus areas (Second Reading Draft Article 4); second, a provision is added: the State adopts measures to monitor, defend against, and deal with cybersecurity risks and threats originating from inside and outside of the territory of the People’s Republic of China, to protect critical information infrastructure from attack, intrusion, interference and destruction, to punish unlawful and criminal cyber activities according to the law, and maintain security and order in cyberspace (Second Reading Draft Article 5).   Read the rest of this entry »

People’s Republic of China Cybersecurity Law (Second Reading Draft)

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This is an annotated translation of the Second Reading Draft of the Chinese Cybersecurity Law. Struck through text indicates text removed from the first draft, underlined text indicates text added to the second draft. This translation is based on ChinaLawTranslate’s translation of the first draft, to which I contributed and which is used with kind permission. 

Chapter I: General Provisions

Chapter II: Network Security Strategy, Planning and Promotion

Chapter III: Network Operations Security

Section 1: General Provisions

Section 2: Operations Security for Critical Information Infrastructure

Chapter IV: Network Information Security

Chapter V: Monitoring, Early Warnings, and Emergency Response

Chapter VI Legal Responsibility

Chapter VII: Supplementary Provisions

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

Mobile Internet Application Information Service Management Regulations

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Article 1: In order to strengthen management of mobile Internet application (apps) information services, protect the lawful rights of citizens, legal persons and other organizations, safeguard national security and the public interest, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening Online Information Protection” and the “State Council Notice concerning Authorizing the Cyberspace Administration of China to Take Responsibility of Internet Information Content Management”, these Regulations are formulated.

Read the rest of this entry »

State Council Guiding Opinions concerning Establishing and Perfecting Incentives for Promise-keeping and Joint Punishment Systems for Trust-Breaking, and Accelerating the Construction of Social Sincerity

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GF No. (2016)33

All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate bodies:

Completing the social credit system and accelerating the building of a novel market supervision structure with credit at the core benefits the further promotion of governmental streamlining and decentralization of powers, as well as the transformation of government functions, and creating a fair and sincere market environment. In order to establish and perfect incentives for promise-keeping and joint punishment systems for trust-breaking, accelerate the construction of social sincerity, the following Opinions are hereby put forward. Read the rest of this entry »

Speech at the Work Conference for Cybersecurity and Informatization

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Xi Jinping

Today, we have convened a Work Conference for Cybersecurity and Informatization. I have always wanted to have this Conference. Since the 18th Party Conference, our country’s Internet undertaking has developed rapidly, cybersecurity and informatization work is moving forward steadily, we are gaining clear progress and achievements, and at the same time, a fair few shortcomings and problems exist. We have convened this Conference because we want to openly hear everyone’s opinions and suggestions, jointly explore some ways and means, in order to ensure that we can do our work ever better.

Just now, the comrades spoke very well, they analysed the new circumstances and new trends in the development of the Internet at present, they presented the new technologies and new tendencies in the development of informatization, and put forward very good opinions and suggestions, I feel greatly enlightened having listened to them. Their remarks reflect a pragmatic attitude, an innovative spirit and a strong sense of responsibility, they also reflect relatively high theoretical and practical levels in the area of the Internet, and are of great help in our improving our work. Relevant departments must earnestly research everyone’s opinions and suggestions, and absorb what they can absorb as much as possible. Next, I would like to discuss a few opinions, and exchange them with everyone. Read the rest of this entry »