International Treaties and Commitments

Personal Information Protection Law (Expert Suggestion Draft)

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Editorial note:

This suggestion draft is one of the outcomes of the National Social Science Fund Major Project “Important Legislative Questions for Internet Security” (14ZDC021) at Renmin University of China Law School, of which Professor Zhang Xinbao is lead expert, its objective is to provide reference for legislation, its authors are Zhang Xinbao and Ge Xin. On deficiencies in the suggestion draft, the submission of valuable opinions and suggestions is welcomed, to be sent to gexinde@126.com. After further revision and perfection, the suggestion draft and statement of grounds for legislation will be published in the near future by Renmin University of China Press, further attention is respectfully invited. Read the rest of this entry »

“Proposal for International Cooperation on the “One Belt, One Road” Digital Economy”

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The digital economy is a driver for global economic growth that becomes more important every day, and is playing an ever more important role in accelerating economic development, enhancing labour productivity in existing industries, fostering new markets and new industrial growth points, realizing inclusive growth and sustainable growth. In order to expand cooperation in the digital economy area, as countries supporting the “One Belt, One Road” initiative, we will, on the basis of the principles of interconnection and interaction, innovation and development, openness and cooperation, harmony and inclusivity, mutual benefit and win-win, explore the common use of digital opportunities and response to challenge, strive to realize an interconnected and interactive “Digital Silk Road” through strengthening policy communication, infrastructure linkages, trade facilitation, financial flows and interlinking popular sentiment, and forge a mutually beneficial, win-win “community of interests” and a “community of destiny” for common development and flourishing. To this end, on the basis of voluntarity and non-restraint, we put forward the following proposal:

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1. Expanding broadband access, raising broadband quality. Build and perfect regional telecommunications, Internet, satellite navigation and other such important information infrastructure, stimulate interconnection and interaction, explore the expansion of high-speed Internet access and connectivity measures at a bearable price, stimulate broadband network coverage, improve service capabilities and quality.

2. Stimulating the digital transformation. Stimulate the digitization of agricultural production, operations and management, as well as the networked transformation of agricultural product distribution. Encourage digital technologies to converge with the manufacturing sector, build an ever more linked, networked and smart manufacturing sector. Use information and telecommunications technology to improve cultural education, healthcare and medicine, environmental protection, urban planning and other public services. Stimulate the sustained development of service sectors such as smart logistics, online tourism, mobile payment, digital creativity and the shared economy. 

3. Stimulate e-commerce cooperation. Explore the feasibility of establishing information sharing, mutual trust and mutual recognition mechanisms for cross-border e-commerce credit, customs passage, inspection, quarantine, consumer protection and other such areas, strengthen cooperation in areas such as financial payment, storage and logistics, technology services, offline exhibitions, etc. Strengthen cooperation in consumer rights protection.  

4. Support Internet start-ups and innovation. Encourage the promotion of Internet-based research, development and innovation through beneficial and transparent legal frameworks, and support Internet-based start-ups. Use the Internet to stimulate innovation in products, services, processes, organizational and commercial models. 

5. Stimulate the development of small, mid-size and micro enterprises. Stimulate small, mid-size and micro enterprises to use information and telecommunication technologies to conduct innovation, raise competitiveness and open up new market sales channels through policy support. Promote the provision of required digital infrastructure to small, mid-size and micro enterprises at bearable prices. Encourage small, mid-size and micro enterprises to provide information and telecommunication products and services to public departments, and enter into global value chains. 

6. Strengthen digitized skills training. Increase the public’s digitized skills levels, ensure that they obtain gains from the development of the digital economy. Launch on-the-job training for digital skills, enhance employees’ digital skills. Encourage government departments, universities, research bodies and enterprises to vigorously launch training programmes, and stimulate the popularization and improvement of digital skills. 

7. Stimulating investment in the information and telecommunications technology area. Improve the commercial environment through stimulating research, development and innovation as well as investment, including cross-border investment in the digital economy. Promote all kinds of financial bodies, multilateral development bodies, etc., to invest in information and telecommunications technology infrastructure and applications, guide commercial share investment funds as well as social funds to invest in the area of the digital economy, encourage public-private partnership relations and other such forms of participation. Encourage the organization of investment information exchange activities between information and telecommunications technology enterprises and financial bodies, encourage reciprocal investment in the information and telecommunications technology area.

8. Promoting inter-city digital economy cooperation. Stimulate relevant cities to launch twinning cooperation, support the establishment of strategic cooperation relationships between twinned cities, drive international traffic and logistics, enhance quality and increase efficiency through constructing information infrastructure, promoting information sharing, stimulating information technology cooperation, and stimulating Internet trading services. Explore the establishment of “Digital Silk Road” economic cooperation demonstration areas. Encourage and support relevant cities in establishing “Digital Silk Road” economic demonstration areas within these cities, promote profound bilateral cooperation in areas such as information infrastructure, smart cities, e-commerce, long-distance healthcare, “Internet Plus”, the Internet of Things, artificial intelligence, etc.

9. Increasing digital inclusivity. Adopt many kinds of policy measures and technological measures to reduce the digital divide, including the digital divide between countries and within countries, and forcefully stimulate the proliferation of the Internet. Stimulate the use of digital technologies in school education and non-official education, promote the realization of broadband access for schools and equip them with online learning environments, so that ever more students can use digitized tools and resources in pursuit of learning. Strengthen the development of digital content such as excellent online games, cartoons, audiovisual materials, literature, music and knowledge resources, and stimulate exchange between the cultures of all countries, and a meeting of people’s hearts.

10. Encouraging and fostering transparent digital economy policies. Develop and maintain an open, transparent and inclusive digital economy policy formulation method. Encourage the dissemination of related and publishable government data, and understand the potential of these in driving new technologies, new products and new services. Encourage online open tendering and procurement, support enterprises in innovating digital product production and services, and simultaneously ensure that demand is market-led. 

11. Furthering international standardization cooperation. Propose the formulation and application of international standards for technology products and services developed through joint coordination, these international standards should maintain consistency with international norms including the norms and principles of the World Trade Organization. 

12. Strengthening confidence and trust. Strengthen the feasibility, completeness, secrecy and reliability of online transactions. Encourage the development of secure information infrastructure, in order to stimulate trustworthy, stable and reliable Internet applications. Strengthen international cooperation in the area of online trading, jointly attack cybercrime and protect the information and telecommunications technology environment. Through ensuring and respecting privacy and protecting personal data, establish confidence among users, this is a critical factor influencing the development of the digital economy.

13. Encourage and stimulate cooperation while respecting autonomous development paths. Encourage all countries along the Belt and Road to strengthen exchange and enhance mutual understanding, strengthen cooperation in policy formulation, supervision and management, reduce, eliminate or prevent unnecessary differences in supervision and management requirement, in order to liberate the vitality of the digital economy, simultaneously understand that all countries should preserve consistency with their international legal obligations, and that they will plan their development path no the basis of their own development situation, historical and cultural traditions, national legal systems and national development strategies.

14. Encouraging the joint construction of a peaceful, secure, open, cooperative and ordered cyberspace. Support information and telecommunication technology policies that safeguard the global nature of the Internet, permit Internet users to  lawfully and autonomously choose the information, knowledge and services they obtain online. Understand that cybersovereignty must be fully respected, safeguard cybersecurity, determinedly attack cyberterrorism and cybercrime, protect personal privacy and information security, and promote the establishment of a multilateral, democratic and transparent international Internet governance system. 

15. Encouraging the establishment of multi-level exchange mechanisms. Stimulate all sides, governments, enterprises, scientific research bodies, and sectoral organizations to communicate and interact, share viewpoints, and promote cooperation in the digital economy. Strengthen training, research and cooperation in the area of the digital economy. Strengthen exchanges about policy formulation and legislative experiences among the “Belt-Road Initiative” countries, and share best practices. Launch the construction of digital technology capabilities, welcome and encourage the United Nations Trade and Development Committee, the United Nations Industrial Development Organization, the Organization for Economic Cooperation and Development, the International Telecommunications Union and other such international organizations to play an important role in driving international cooperation on the “Belt-Road Initiative” digital economy.

(Signed by China, Laos, Saudi Arabia, Serbia, Thailand, Turkey and the United Arab Emirates)

《“一带一路”数字经济国际合作倡议》全文如下:

    数字经济是全球经济增长日益重要的驱动力,在加速经济发展、提高现有产业劳动生产率、培育新市场和产业新增长点、实现包容性增长和可持续增长中正发挥着重要作用。为拓展数字经济领域的合作,作为支持“一带一路”倡议的相关国家,我们将本着互联互通、创新发展、开放合作、和谐包容、互利共赢的原则,探讨共同利用数字机遇、应对挑战,通过加强政策沟通、设施联通、贸易畅通、资金融通和民心相通,致力于实现互联互通的“数字丝绸之路”,打造互利共赢的“利益共同体”和共同发展繁荣的“命运共同体”。为此,在基于自愿、不具约束力基础上,我们提出以下倡议:

    1.扩大宽带接入,提高宽带质量。建设完善区域通信、互联网、卫星导航等重要信息基础设施,促进互联互通,探索以可负担的价格扩大高速互联网接入和连接的方式,促进宽带网络覆盖、提高服务能力和质量。

    2.促进数字化转型。促进农业生产、运营、管理的数字化,以及农产品配送的网络化转型。鼓励数字技术与制造业融合,建设一个更加连接的、网络化、智能化的制造业。利用信息通信技术改善文化教育、健康医疗、环境保护、城市规划和其他公共服务。促进智慧物流、在线旅游、移动支付、数字创意和分享经济等服务业的持续发展。

    3.促进电子商务合作。探索在跨境电子商务信用、通关和检验检疫、消费者保护等领域建立信息共享和互信互认机制的可行性,加强金融支付、仓储物流、技术服务、线下展示等方面的合作。加强消费者权益保护合作。 4.支持互联网创业创新。鼓励通过有利和透明的法律框架,推动基于互联网的研发和创新,支持基于互联网的创业。利用互联网促进产品、服务、流程、组织和商业模式的创新。

    5.促进中小微企业发展。通过政策支持,促进中小微企业使用信息通信技术进行创新、提高竞争力、开辟新的市场销售渠道。推动以可负担的价格为中小微企业运营提供所需的数字基础设施。鼓励中小微企业为公共部门提供信息通信产品和服务,融入全球价值链。

    6.加强数字化技能培训。提升公众数字化技能水平,确保从数字经济发展中获益。开展数字技能的在职培训,提升从业人员的数字技能。鼓励政府部门、大学和研究机构、企业积极开展培训项目,促进数字技能的普及和提升。

    7.促进信息通信技术领域的投资。通过促进研发和创新(RDI)以及投资,包括数字经济跨境投资等方面的政策框架,改善商业环境。推动各类金融机构、多边开发机构等投资信息通信技术基础设施和应用,引导商业股权投资基金以及社会基金向数字经济领域投资,鼓励公私伙伴关系(PPP)等参与形式。鼓励组织信息通信技术企业和金融机构间的投资信息交流活动,鼓励在信息通信技术领域相互投资。

    8.推动城市间的数字经济合作。推动有关城市开展对点合作,支持对点城市间建立战略合作关系,通过信息基础设施建设、推动信息共享、促进信息技术合作、推进互联网经贸服务和加强人文交流,带动国际交通物流提质增效。探索建设“数字丝绸之路”经济合作试验区。鼓励支持有关城市在各自城市分别建立“数字丝绸之路”经济合作试验区,推动双方在信息基础设施、智慧城市、电子商务、远程医疗、 “互联网+”、物联网、人工智能等领域的深度合作。

    9.提高数字包容性。采取多种政策措施和技术手段来缩小数字鸿沟,包括各国之间和各国之内的数字鸿沟,大力推进互联网普及。促进数字技术在学校教育及非正式教育中的使用,推动实现学校宽带接入并具备网络教学环境,越来越多的学生可以利用数字化工具和资源进行学习。加强各自的优秀网络游戏、动漫、影视、文学、音乐和知识资源等数字内容开发,促进各国文化交流、民心交融。

    10.鼓励培育透明的数字经济政策。发展和保持公开、透明、包容的数字经济政策制定方式。鼓励发布相关的、可公开的政府数据,并认识到这些对于带动新技术、新产品、新服务的潜力。鼓励在线公开招标采购,支持企业创新数字产品生产和服务,同时保持需求由市场主导。

    11.推进国际标准化合作。倡导共同协作开发相关技术产品和服务的国际标准的制定和应用,这些国际标准应与包括世贸组织规则和原则在内的国际规则保持一致。

    12.增强信心和信任。增强在线交易的可用性、完整性、保密性和可靠性。鼓励发展安全的信息基础设施,以促进可信、稳定和可靠的互联网应用。加强在线交易方面的国际合作,共同打击网络犯罪和保护信息通信技术环境。通过确保尊重隐私和个人数据保护,树立用户信心,这是影响数字经济发展的关键因素。

    13.鼓励促进合作并尊重自主发展道路。鼓励沿线各国加强交流、增进相互了解,加强政策制定、监管领域的合作,减少、消除或防止不必要的监管要求的差异,以释放数字经济的活力,同时认识到所有国家应与其国际法律义务保持一致,并根据各自的发展情况、历史文化传统、国家法律体系和国家发展战略来规划发展道路。

    14.鼓励共建和平、安全、开放、合作、有序的网络空间。支持维护互联网全球属性的信息通信技术政策,允许互联网使用者依法自主选择获得在线信息、知识和服务。认识到必须充分尊重网络主权,维护网络安全,坚决打击网络恐怖主义和网络犯罪,保护个人隐私和信息安全,推动建立多边、民主、透明的国际互联网治理体系。

    15.鼓励建立多层次交流机制。促进政府、企业、科研机构、行业组织等各方沟通交流、分享观点,推动数字经济合作。加强数字经济方面的培训和研究合作。加强“一带一路”国家间交流政策制定和立法经验,分享最佳实践。开展数字技术能力建设,欢迎和鼓励联合国贸易和发展会议、联合国工业发展组织、经济合作与发展组织、国际电信联盟和其他国际组织,在推动“一带一路”数字经济国际合作中发挥重要作用。

National Cyberspace Security Strategy

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The broad application of information technologies and the rise and development of cyberspace has extremely greatly stimulated economic and social flourishing and progress, but at the same time, has also brought new security risks and challenges. Cyberspace security (hereafter named cybersecurity) concerns the common interest of humankind, concerns global peace and development, and concerns the national security of all countries. Safeguarding our country’s cybersecurity is an important measure to move forward the strategic arrangement of comprehensively constructing a moderately prosperous society, comprehensively deepening reform, comprehensively governing the country according to the law, and comprehensively and strictly governing the Party forward in a coordinated manner, and is an important guarantee to realize the “Two Centenaries” struggle objective and realize the Chinese Dream of the great rejuvenation of the Chinese nation. In order to implement Xi Jinping’s “Four Principles” concerning moving forward reform of the global Internet governance system and the “Five Standpoints” on building a community of common destiny in cyberspace, elaborate China’s important standpoints concerning cyberspace development and security, guide China’s cybersecurity work and safeguard the country’s interests in the sovereignty, security and development of cyberspace, this Strategy is formulated.

Read the rest of this entry »

Joint Statement by the President of the People’s Republic of China and the President of the Russian Federation concerning Coordinating the Promotion of Development in Information and Cyberspace

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The heads of state of the People’s Republic of China and the Russian Federation stated that, following the rapid progress of information infrastructure and information and telecommunications technology, information and cyberspace have deeply changed the production and lives of humanity, and powerfully promote social development. A secure, stable and flourishing information and cyberspace is of major importance to the peaceful development of both countries and the world. Both countries will jointly devote themselves to furthering development in information and cyberspace, to even better enrich the people of both countries and the people of the world.

We believe that information and cyberspace is facing security challenges that become graver every day, information technology abuse is grave, and various countries, including China and Russia, have important common interests and space for cooperation, they should therefore, on the basis of mutual respect and mutual trust, comprehensively engage in substantive dialogue and collaboration on the topic of guaranteeing information and cyberspace security and furthering the development of information and cyberspace. Read the rest of this entry »

Persisting in Respect for the Principle of Cyber Sovereignty, Promoting the Construction of a Community of Common Destiny in Cyberspace

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The original text of this article was published in Seeking Truth, on 29 February 2016.

Lu Wei

Studying on Understanding and Reflecting on the Spirit of General Secretary Xi Jinping’s Important Speech at the 2nd World Internet Conference

Key points

– The Internet is a new space and a new garden for humanity, it requires new rules and a new order. Persisting in the four principles of respect for cyber sovereignty, safeguarding peace and security, stimulating openness and collaboration, and building a good order, as well as the five standpoints of accelerating the construction of global network infrastructure, forging shared platforms for online cultural exchange, promoting innovation and development of the network economy, guaranteeing cybersecurity, and building an Internet governance system, have opened up the “Wuzhen Process” for global Internet development and governance.

– The thriving of malpractice in international cyberspace governance is rooted in the question of sovereignty. Cyber sovereignty is rooted in modern legal theory, and is the extension of national sovereignty in cyberspace. Respect for cyber sovereignty is a necessary requirement for opposing cyber hegemony, it is am important guarantee for safeguarding peace and security, it is a basic precondition for persisting in openness and collaboration, and is a firm basis for building a desirable order.

– Cyberspace is a common space of activity for humankind, all countries should strengthen communication, broaden consensus and deepen collaboration, to jointly build a community of common destiny in cyberspace. Respect for cyber sovereignty is dialectically one with building a community of common destiny in cyberspace, cyber sovereignty is the precondition for building a community of common destiny in cyberspace, and the community of common destiny in cyberspace is a guarantee for cyber sovereignty.

– China is a firm advocate and powerful defender of cyber sovereignty, it persists in correctly handling the relationships between freedom and order, security and development, openness and autonomy in cyberspace, it is exploring and marching an Internet governance path with Chinese characteristics. China will further move forward the reform of the global Internet governance system, promote the formulation of more balanced international norms for cyberspace that reflect the desires and interests of the absolute majority of countries, to jointly promote the healthy development of the Internet. Read the rest of this entry »

Wuzhen Initiative

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The Internet is an important achievement in the progress of human civilization, it has become an important force that drives innovation, stimulates economic and social development, and enriches all of humanity. The Internet will transform the world into a “global village”, so that international society increasingly is becoming an interdependent community of common destiny. At the same time, the rapid development of the Internet has also brought challenges to national sovereignty, security and sustainable development. Vigorously and steadily responding to these challenges is the common responsibility of international society. From the World Summit on the Information Society in 2003, the Geneva Declaration of Principles and the 2005 Tunis Agenda to the Montevideo Statement as well as the Report of the United Nations Group of Governmental Experts on Information Security, international society’s consensus concerning Internet development and governance is broadening incessantly, and cooperation is deepening incessantly. We express congratulations for the results of the United Nations General Assembly WSIS +10 High-Level Meeting, and look forward to international society further deepening cooperation in the area of the Internet on the basis of the UN Charter as well as universally accepted international norms and principles. Read the rest of this entry »

Speech at the 2nd World Internet Conference Opening Ceremony

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Xi Jinping

16 December 2015, Wuzhen

Welcome, everyone, to beautiful Wuzhen, to talk together about fundamental matters in Internet development. First and foremost, on the sincere behalf of the Chinese government and the Chinese people, as well as in my own name, I express a welcome to all honoured guests who attend the second World Internet Conference. And I express warm congratulations on the convention of the Conference.

I have spent many years in Zhejiang, and have come to Wuzhen often. Coming here again today, I feel very warm and acquainted, and also feel a completely new impression in my ears and eyes. Last year, the first World Internet Conference was organized here, which promoted the rapid development of online makers, online hospitals, smart tourism, etc., and let this white-walled, black-tiled, thousand-year-old town burst forth with a new glamour. The networking and smartification of Wuzhen is a vivid portrait of the converging development of the traditional and the modern, the humanities and science and technology, it is a microcosm of the creative development of China’s Internet, and vividly reflects the idea of shared development of the global Internet. Read the rest of this entry »

A Network Shared Together, A Space Governed Together

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Keynote Speech at the Opening Ceremony of the ICANN Meeting in London

Lu Wei

Respected Minister Ed Vaizey, respected chairman Steve Crocker and CEO Fadi Chehade, respected colleagues, ladies, gentlemen:

Good morning! Today, the 50th ICANN meeting is opened, and I represent the Chinese government in expressing enthusiastic congratulations! I also express heartfelt thanks for vigorous efforts and considerate arrangements that Minister Ed Vaizey and ICANN have made for this Meeting! There is a proverb in English: “He that walks with wise men should be wise”. I have come to London for the second time in a year, I have come to the birthplace of the father of the World Wide Web, and so would like to “learn from everyone, through exchanging views, like polishing jade”, and together, exchange experiences and wisdom concerning Internet development and governance. Read the rest of this entry »

Copyright Law of the People’s Republic of China (Revision Draft, Submission Version)

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National Copyright Administration

Revision Draft, Submission Version

Chapter I: General Principles

Chapter II: Copyright

Section I: Copyright holders and their rights

Section II: Copyright entitlement

Section III: The term of protection of copyright

Chapter III: Related rights

Section I: Publishers

Section II: Performers

Section III: Audio producers

Section IV: Radio stations and television stations

Chapter IV: The limitations of rights

Chapter V: The exercise of rights

Section I: Copyright and related right contracts

Section II: Collective copyright management

Chapter VI: Technological protection measures and rights management information

Chapter VII: The protection of rights

Chapter VIII: Supplementary provisions

Chapter I: General provisions Read the rest of this entry »

Report concerning the Work Situation in Deepening Cultural Structural Reform and Promoting the Grand Development and Grand Flourishing of Socialist Culture

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Given on 24 October 2012 at the 29th Meeting of the 11th Standing Committee of the National People’s Congress

Minister of Culture: Cai Wu

Standing Committee of the National People’s Congress,

I have been entrusted by the State Council to report to the Standing Committee of the National People’s Congress on the work situation in deepening cultural structural reform and promoting the grand development and grand flourishing of Socialist culture. Cultural structural reform and development work involve culture, radio, film and television, press and publications, and various other areas, and for this report, the opinions of the Central Propaganda Department as well as SARFT, the General Administration of Press and Publications, the Information Office and other departments were sought, in order to as much as possible, completely reflect the comprehensive situation of cultural structural reform and development work, please consider it. Read the rest of this entry »

Copyright Law of the People’s Republic of China (Second Revision Draft)

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Changes in the updated document in comparison with the earlier March draft are underlined.

National Copyright Administration, July 2012

Chapter I: General Principles

Chapter II: Copyright

Section I: Copyright holders and their rights

Section II: Copyright entitlement

Section III: The term of protection of copyright

Chapter III: Related rights

Section I: Publishers

Section II: Performers

Section III: Audio producers

Section IV: Radio stations and television stations

Chapter IV: The limitations of rights

Chapter V: The exercise of rights

Section I: Copyright and related right contracts

Section II: Collective copyright management

Chapter VI: Technological protection measures and rights management information

Chapter VII: The protection of rights

Chapter VIII: Supplementary provisions Read the rest of this entry »

A Brief Explanation concerning the Revision and Perfection of the “Copyright Law of the People’s Republic of China” (Second Revision Draft)

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(National Copyright Administration, July 2012)

I, The basic situation of the Opinion-seeking Draft

On 31 March 2012, the National Copyright Administration published the “Copyright Law of the People’s Republic of China” (Revision Draft) through the official websites of the National Copyright Administration and the General Administration of Press and Publications, and openly solicited the opinions and suggestions from all walks of society. In early April, the National Copyright Administration legislative work leading small group chair, General Administration of Press and Publications Director and National Copyright Administration Director Liu Binje and legislative work leading small group vice-chair, GAPP vice-director and NCA vice-director Comrade Yan Xiaohong respectively sent letters to the responsible comrades of 35 relevant departments to solicit opinions in their personal name; the National Copyright Administration Secretariat sent letters to 40 relevant State Council ministries and commissions to solicit opinions. Read the rest of this entry »

“12th Five-Year” Development Plan for the Internet Sector

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Table of contents

I, Development situation

(1) Internet use has developed swiftly

(2) Internet infrastructure capacity has been enhanced continuously

(3) Internet technology innovation capacity has been incessantly strengthened

(4) The beginnings of an Internet sector with international influence have been shaped

(5) A management structure for the Internet sector has been basically established

(6) The Internet has become an important engine and basic platform for economic and social development.

II, Development circumstances

(1) The position of strategic Internet infrastructure has become more prominent

(2) Internet use incessantly opens up and develops new aspirations

(3) Internet technology change and network evolution accelerates and moves forward

(4) The challenges of network and information security tend to become more severe

(5) Global Internet management strength incessantly expands

(6) Our country’s Internet is at an important juncture for innovation and upgrading

III, Guiding ideology, basic principles and development objectives

(1) Guiding ideology and basic principles

(2) Development objectives

IV, Development tasks

(1) Innovating and applying structures, fostering the development of new Internet business models

(2) Stimulating the integration of the two civilizations, completely supporting economic and social development

(3) Establishing a “Broadband China”, moving network infrastructure optimization and upgrading forward”

(4) Moving the whole arrangement forward, evolving towards the development of next-generation Internet

(5) Making breakthroughs in key technologies, ramming down core basic sectors

(6) Strengthening top-layer design, establishing advanced and complete Internet standard systems

(7) Perfecting supervision and management systems, forging a sincere Internet market environment abiding by the rules

(8) Strengthening systems and methods, strengthening basic Internet management

(9) Strengthening structure construction, upgrading network and information security guarantee capacity

V, Guarantee measures

(1) Perfecting and guaranteeing sector management legal and regulatory structures guaranteeing the healthy development of the Internet

(2) Strengthening Internet management systems and management capacity construction

(3) Establishing guiding mechanisms for healthy Internet development

(4) Strengthening policy support for Internet infrastructure construction

(5) Promoting and perfecting Internet development fiscal, financial and intellectual property rights policies

(6) Fostering and supporting small and medium Internet enterprise growth

(7) Strengthening the construction of Internet specialist talent structures

(8) Promoting and perfecting international Internet governance mechanisms Read the rest of this entry »

A Brief Explanation concerning the “Copyright Law of the People’s Republic of China” (Revision Draft)

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At the end of March, the National Copyright Administration published a draft for the upcoming revision of the Copyright Law. It also issued an accompanying explanation as to which changes were made in the Copyright Law and why. Mainly, these changes are to be found in consolidating the copyright law regime, by including a number of provisions which were present only in administrative regulations; bringing the law in line with the WIPO treaties to which China acceded in 2007; instituting new requirements on copyright-related contract registration; and expanding the role of collective copyright management organizations. Also, the draft provides a safe haven for technological network service providers.

I, The basic situation of our country’s copyright law

The basic framework of our country’s copyright legal system is composed of laws, administrative regulations, local regulations, departmental rules, local government rules, normative documents, judicial interpretation, as well as corresponding international treaties, etc. After 20 years of efforts, our country has shaped a relatively complete copyright law system. Read the rest of this entry »

Gary Rawnsley at PCMLP

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A little while ago, prof. Gary Rawnsley of the University of Leeds was at Oxford to talk about China’s soft power initiative. Here’s the video: Read the rest of this entry »

China increases foreign movie quota, so what does it solve?

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On 18 February, an agreement was concluded between China and the United States concerning market access quota and conditions for American cinema films.  According to the People’s Daily, the agreement states that China will import 14 American films per year more than before, and that the cut of revenue-sharing box office income will increase from 13% to 25%. The LA Times also reports that the deal will enable independent producers to negotiate higher licence percentages that are comparable with commercial rates in other markets. Read the rest of this entry »

Chinese censorship back in the WTO spotlight

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As the financial crisis is progressing, relations between China and the United States are becoming increasingly strained. As the US struggles to get its economy back on the rails, voices arguing that Chinese monetary and economic policies engender unfair consequences for US enterprises are growing in strength. On 20 October, the USTR filed a WTO case against China concerning anti-dumping measures on broiler products, as well as a GATS Article III:4 request for information concerning China’s Internet censorship policies.

 

This is not the first time that the US addresses Chinese censorship in the WTO. Most notably, it won the DS363 China – Audiovisual case, in which it was found that a number of Chinese media control measures violated WTO rules. However, this request for information is different. Rather than attacking substantive aspects of Chinese censorship policy, it asks China to provide more clarity about censorship procedure. More specifically, as the Great Firewall allegedly sometimes blocks the websites of US services suppliers, the US requests information about the criteria for blockage, the relevant ministries and decisionmakers, potential routes for appeal or redress, and the way domestic and foreign services suppliers are treated.

 

This action may have significant consequences. China’s censorship system is vague, opaque and complex, party because of domestic overlapping administrations, but also in order to ensure that websites aren’t tempted to explore the boundaries of what is permissible and to maximize discretion to intervene. However, if China does not satisfactorily answer the US questions, it may find itself confronted with a new WTO case. It can reasonably be expected that China will invoke national security as a justification for its censorship regime, which means that it may be necessary to come up with a WTO definition for this term.

 

In any case, this is a very clever move by the United States. By concentrating on procedural aspects, it avoids opening up the Pandora’s box that are substantive censorship rules. But more importantly, by concentrating on the commitments that China voluntarily made when joining on the WTO, China may be forced to show its hand on committing to the rules-based international trading system.

 

 

Provisions on the Main Duties, Internal Organization and Personnel Allotment of the General Administration of Press and Publication (National Copyright Administration)

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SCS No. (2008)90

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

The “Provisions on the Main Duties, Internal Organization and Personnel Allotment of the General Administration of Press and Publication (National Copyright Administration)” were already approved by the State Council, and are hereby printed and distributed.

Read the rest of this entry »

Provisions on the Main Duties, Internal Organization and Personnel Allotment of the Ministry of Culture

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SCS No. [2008]79

10 July 2008

On the basis of the State Council organ reform plan approved at the first meeting of the 11th National People’s Congress and the “State Council Notice Concerning Organic Installation” (NDC No. (2008)11), the Ministry of Culture is established, and is a component organ of the State Council. Read the rest of this entry »

Declaration by the Heads of State of the Shanghai Cooperation Organization Member States concerning International Information Security

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The heads of state of the member states of the Shanghai Cooperation Organization (hereafter named “this Organization” or “Organization”, the Republic of Kazakhstan, the People’s Republic of China, the Republic of Kyrgyzstan, the Russian Federation, the Republic of Tajikistan and the Republic of Uzbekistan, have organized a conference in Shanghai on 15 June 2006, where they declared the following: Read the rest of this entry »