Uncategorized

Notice concerning Promoting the Accelerated Development of 5G

Posted on Updated on

 

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 »

A Change Is Gonna Come

Posted on

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

 

What did Xi Jinping say about cyberspace?

Posted on

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.

Circular of the State Internet Information Office on the Public Consultation on the Measures for the Assessment of Personal Information and Important Data Exit Security (Draft for Soliciting Opinions)

Posted on Updated on

This translation was kindly provided by Paul Triolo

To safeguard personal information and important data security, to safeguard cyberspace sovereignty and national security, and social and public interests, and promote the orderly free flow of network information according to the law, according to the People’s Republic of China National Security Law, the People’s Republic of China Cybersecurity Law, and other laws and regulations , our office has worked with relevant departments and drafted the “Personal Information and Important Data Outbound Security Assessment Measures (draft)”, is now open to the public for comments.

Relevant units and people of all walks of life may submit their views by May 11, 2017, in the following manner:

First, through a letter to the views sent to: Beijing Dongcheng District Chaoyang Gate Street 225, the State Internet Information Office Cybersecurity Coordination Bureau, Zip code: 100010, and in the envelope marked “comments”.

Second, by e-mail to: security@cac.gov.cn.

State Internet Information Office

April 11, 2017

Annex

Personal Information and Important Data Outbound Security Assessment Measures (draft)

Article 1 These Measures have been drafted in order to protect the security of personal information and important data, safeguard cyberspace sovereignty and national security, and social and public interests, while protecting the legitimate interests of citizens, legal persons and other organizations, in accordance with the People’s Republic of China National Security Law, the People’s Republic of China Cybersecurity Law, and other laws and regulations.

Article 2 The personal information and important data collected and generated by network operators within the People’s Republic of China during operations shall be stored within the [national] territory. If the business requirements make it necessary to provide data outside of China, a security assessment shall be carried out in accordance with these Measures.

Article 3 The security assessment for outbound data shall follow the principle of impartiality, objectivity and validity, protect the security of personal information and important data, and promote the orderly and free flow of network information according to law.

Article 4 Where personal information leaves China’s borders, the purpose, scope, content, recipient and destination country of the data shall be explained to the subject of the personal information and agreed upon. Minors’ personal information is subject to the consent of their guardian.

Article 5 State cybersecurity and informatization departments shall coordinate the outbound data outbound security assessment work and guide the industry regulatory or supervisory departments in organizing the outbound data security assessment.

Article 6 Industry regulatory or supervisory departments shall be responsible for the security assessment of the industry outbound data and shall regularly organize the inspection of the specific industry outbound data.

Article 7 Network operators shall, before data leaves China’s borders, on their own initiative organize the conduct of a security assessment for outbound data and be responsible for the evaluation results.

Article 8 The outbound data security assessment shall focus on the following:

(A) the necessity of outbound data;

(B) the conditions touching on personal information, including the amount, scope, type, and sensitivity, and whether or not the subject of the personal information agrees that his/her personal information can leave China’s borders;

(C) the conditions touching on important data, including the amount, scope, type and sensitivity level of important data;

(D) the security protection measures and capability level of the data receiving party, and the cybersecurity environment in the country and region;

(E) risks such as disclosure, damage, tampering and abuse after the data leaves China’s borders and after re-transfer;

(F) the risks that may be brought to national security, social and public interests, and personal legitimate interests arising from the data leaving China’s borders and outbound data collection;

(G) other important matters that need to be assessed.

Article 9 If outbound data is stored in one of the following circumstances, network operators should report to the industry regulators or supervisory authorities and organize a security assessment:

(A) the [data set] contains or has accumulated personal information of more than 500,000 people;

(B) the amount of data is over 1000 GB;

(C) the data includes sector data on nuclear facilities, chemical and biological facilities, the national defense industry, or population health, large-scale engineering activities, the marine environment, and sensitive geographic information data;

(D) the data includes cybersecurity information including system vulnerabilities and security protection for critical information infrastructure;

(E) personal information and important data provided by critical information infrastructure operators to [parties] outside China;

(F) other data that could affect national security and social and public interests that industry regulators or supervisory departments consider should be assessed.

For areas where the is no clear industry regulator or supervisory department, an assessment shall be organized by national cybersecurity and informatization departments.

Article 10 The security assessment organized by industry regulatory or supervisory departments shall be completed within 60 working days, and feedback on the security assessment shall be provided to the network operator in a timely manner and reported to the national cybersecurity and informatization departments.

Article 11 In any of the following circumstances, data shall not be allowed to leave the country:

(A) personal information leaving China’s borders without the consent of the subject of the personal information, or that may be against the interests of the individual;

(B) there is a risk that the data leaving China’s borders could impact national politics, the economy, S&T, and national defense, and could affect national security and harm social and public interests;

(C) other data that national cybersecurity and informatization departments, public security departments, state security departments, and other relevant departments deem cannot leave China.

Article 12 Network operators should, according to business development and the network operation situation, annually conduct at least once a security assessment of outbound data, ad in a timely manner assess the situation and report to industry regulatory and supervisory departments.

When the data receiver changes, or there is a relatively large change in the destination, scope, quantity, type of data, etc., or a major security incident occurs with the data receiver or outbound data, a new security assessment should be conducted.

Article 13 Any individual or organization shall have the right to report to the relevant cybersecurity and informatization departments, public security department, and other relevant departments any violations of relevant laws and regulations and these Measures in terms of providing data outside of China’s borders.

Article 14 Whoever violates the provisions of these Measures shall be punished in accordance with the relevant laws and regulations.

Article 15 Agreements between the Chinese government and other countries and regions on outbound data shall be carried out in accordance with the provisions of the agreement.

Data involving state secret information shall be handled in accordance with the relevant provisions.

Article 16 Security assessment work for the personal information and important data sent outside China’s borders that was collected and produced by other individuals and organizations within the territory of the People’s Republic of China shall be carried out in accordance with the present Measures.

Article 17 The definitions for the following terms used in the present Measures:

A network operator is the owner of a network, a manager, and a network service provider.

Outbound data refers to personal and important information co9llection and generated by network operators during operations within the territory of the People’s Republic of China, and provided to overseas institutions, organizations, or individuals.

Personal information refers to various types of information recorded by electronic or other means capable of identifying a person’s personal identity alone or in combination with other information, including but not limited to the name of the natural person, date of birth, identity document number, personal biometric information, telephone number and so on. Important data refers to data that is closely related to national security, economic development, and social and public interests, with specific reference to national relevant standards and important data identification guidelines.

Article 18 These Measures shall come into force on the day X of 2017.

Office of the Central Cybersecurity and Informatization Leading Small Group

(Cyberspace Administration of China)

Cybersecurity Coordination Bureau

国家互联网信息办公室关于《个人信息和重要数据出境安全评估办法(征求意见稿)》公开征求意见的通知

为保障个人信息和重要数据安全,维护网络空间主权和国家安全、社会公共利益,促进网络信息依法有序自由流动,依据《中华人民共和国国家安全法》《中华人民共和国网络安全法》等法律法规,我办会同相关部门起草了《个人信息和重要数据出境安全评估办法(征求意见稿)》,现向社会公开征求意见。有关单位和各界人士可以在2017年5月11日前,通过以下方式提出意见:

一、通过信函方式将意见寄至:北京市东城区朝阳门内大街225号国家互联网信息办公室网络安全协调局,邮编:100010,并在信封上注明“征求意见”。

二、通过电子邮件方式发送至:security@cac.gov.cn。

附件:个人信息和重要数据出境安全评估办法(征求意见稿)

国家互联网信息办公室

2017年4月11日

附件

个人信息和重要数据出境安全评估办法

(征求意见稿)

第一条 为保障个人信息和重要数据安全,维护网络空间主权和国家安全、社会公共利益,保护公民、法人和其他组织的合法利益,根据《中华人民共和国国家安全法》《中华人民共和国网络安全法》等法律法规,制定本办法。

第二条 网络运营者在中华人民共和国境内运营中收集和产生的个人信息和重要数据,应当在境内存储。因业务需要,确需向境外提供的,应当按照本办法进行安全评估。

第三条 数据出境安全评估应遵循公正、客观、有效的原则,保障个人信息和重要数据安全,促进网络信息依法有序自由流动。

第四条 个人信息出境,应向个人信息主体说明数据出境的目的、范围、内容、接收方及接收方所在的国家或地区,并经其同意。未成年人个人信息出境须经其监护人同意。

第五条 国家网信部门统筹协调数据出境安全评估工作,指导行业主管或监管部门组织开展数据出境安全评估。

第六条 行业主管或监管部门负责本行业数据出境安全评估工作,定期组织开展本行业数据出境安全检查。

第七条 网络运营者应在数据出境前,自行组织对数据出境进行安全评估,并对评估结果负责。

第八条 数据出境安全评估应重点评估以下内容:

(一)数据出境的必要性;

(二)涉及个人信息情况,包括个人信息的数量、范围、类型、敏感程度,以及个人信息主体是否同意其个人信息出境等;

(三)涉及重要数据情况,包括重要数据的数量、范围、类型及其敏感程度等;

(四)数据接收方的安全保护措施、能力和水平,以及所在国家和地区的网络安全环境等;

(五)数据出境及再转移后被泄露、毁损、篡改、滥用等风险;

(六)数据出境及出境数据汇聚可能对国家安全、社会公共利益、个人合法利益带来的风险;

(七)其他需要评估的重要事项。

第九条 出境数据存在以下情况之一的,网络运营者应报请行业主管或监管部门组织安全评估:

(一)含有或累计含有50万人以上的个人信息;

(二)数据量超过1000GB;

(三)包含核设施、化学生物、国防军工、人口健康等领域数据,大型工程活动、海洋环境以及敏感地理信息数据等;

(四)包含关键信息基础设施的系统漏洞、安全防护等网络安全信息;

(五)关键信息基础设施运营者向境外提供个人信息和重要数据;

(六)其他可能影响国家安全和社会公共利益,行业主管或监管部门认为应该评估。

行业主管或监管部门不明确的,由国家网信部门组织评估。

第十条 行业主管或监管部门组织的安全评估,应当于六十个工作日内完成,及时向网络运营者反馈安全评估情况,并报国家网信部门。

第十一条 存在以下情况之一的,数据不得出境:

(一)个人信息出境未经个人信息主体同意,或可能侵害个人利益;

(二)数据出境给国家政治、经济、科技、国防等安全带来风险,可能影响国家安全、损害社会公共利益;

(三)其他经国家网信部门、公安部门、安全部门等有关部门认定不能出境的。

第十二条 网络运营者应根据业务发展和网络运营情况,每年对数据出境至少进行一次安全评估,及时将评估情况报行业主管或监管部门。

当数据接收方出现变更,数据出境目的、范围、数量、类型等发生较大变化,数据接收方或出境数据发生重大安全事件时,应及时重新进行安全评估。

第十三条 对违反相关法律法规和本办法向境外提供数据的行为,任何个人和组织有权向国家网信部门、公安部门等有关部门举报。

第十四条 违反本办法规定的,依照有关法律法规进行处罚。

第十五条 我国政府与其他国家、地区签署的关于数据出境的协议,按照协议的规定执行。
涉及国家秘密信息的按照相关规定执行。

第十六条 其他个人和组织在中华人民共和国境内收集和产生的个人信息和重要数据出境的安全评估工作参照本办法执行。

第十七条 本办法下列用语的含义:

网络运营者,是指网络的所有者、管理者和网络服务提供者。

数据出境,是指网络运营者将在中华人民共和国境内运营中收集和产生的个人信息和重要数据,提供给位于境外的机构、组织、个人。

个人信息,是指以电子或者其他方式记录的能够单独或者与其他信息结合识别自然人个人身份的各种信息,包括但不限于自然人的姓名、出生日期、身份证件号码、个人生物识别信息、住址、电话号码等。

重要数据,是指与国家安全、经济发展,以及社会公共利益密切相关的数据,具体范围参照国家有关标准和重要数据识别指南。

第十八条 本办法自2017年 月 日起实施。

 International Strategy of Cooperation on Cyberspace

Posted on Updated on

This is the official translation of this text, as published by Xinhua

Contents

Preface

Chapter I. Opportunities and Challenges 

Chapter II. Basic Principles

1.The Principle of Peace

2.The Principle of Sovereignty 

3.The Principle of Shared Governance 

4.The Principle of Shared Benefits 

Chapter III. Strategic Goals

1. Safeguarding Sovereignty and Security

2. Developing A System of International Rules

3. Promoting Fair Internet Governance

4. Protecting Legitimate Rights and Interests of Citizens

5. Promoting Cooperation on Digital Economy 

6. Building Platform for Cyber Culture Exchange

Chapter IV. Plan of Action

1. Peace and Stability in Cyberspace 

2. Rule-based Order in Cyberspace 

3. Partnership in Cyberspace 

4. Reform of Global Internet Governance System 

5. International Cooperation on Cyber Terrorism and Cyber Crimes 

6. Protection of Citizens’ Rights and Interests Including Privacy

7. Digital Economy and Sharing of Digital Dividends 

8. Global Information Infrastructure Development and Protection 

9. Exchange of Cyber Cultures 

Conclusion

Preface

Cyberspace is the common space of activities for mankind. The future of cyberspace should be in the hands of all countries. Countries should step up communications, broaden consensus and deepen cooperation to jointly build a community of shared future in cyberspace. 

—Remarks by H.E. Xi Jinping, President of the People’s Republic of China, 2015/12/16

Read the rest of this entry »

Measures for the Security Review of Internet Products and Services (Opinion-seeking Draft)

Posted on Updated on

This translation was kindly provided by Paul Triolo

The Central Cybersecurity and Informatization Leading Group Office, the Central Internet Security and Informatization Leading Group (CCILSG) Office
The People’s Republic of China State Internet Information Office, The State Internet Information Office 

Notice of the  on Public Consultation on the Measures for the Security Review of Internet Products and Services (Opinion-seeking draft)

In order to improve the security and controllability of network products and services, prevent supply chain security risks, and safeguard national security and the public interest, the CCILSG Office has drafted the Measures for the Security Review of Network Products and Services (draft for soliciting opinions ) “, and it is now open to the public for comments The relevant units and people of all walks of life can make comments according to the following procedure, before March 4, 2017. 

First, send comments by letter to: Beijing Dongcheng District, Chaoyang Gate Street 225 State Internet Information Office Cybersecurity Coordination Bureau, Zip Code: 100010, and mark on the envelope “solicited comments.”

Second, by e-mail sento: zhangheng@cac.gov.cn.

Annex: Measures for Network Products and Services Security Review (draft)

State Internet Information Office

February 4, 2017

Measures 
for Network Products and Services Security Review

(Opinion-seeking Draft)

Article 1: The security and controllability of network products and services directly affect the interests of users and the national security. These Measures are formulated in accordance with the National Security Law of the People’s Republic of China and the Cybersecurity Law of the People’s Republic of China to improve the security and controllability of network products and services, guard against supply chain safety risks, and safeguard national security and the public interest.

Article 2: Important network products and services that are used by the national security and public interest information systems shall undergo a cybersecurity review.

Article 3: A cybersecurity review of network products and services and their providers shall be carried out, insisting on the combination of enterprise commitment and social supervision, combining third-party evaluation and government supervision, combining laboratory testing, on-site inspection, on-line monitoring, and background investigations.

Article 4: The review shall focuon the the security and controllability of network products and services, including:

(1) the risks of illegal control, interference and interruption of the operation of products and services;

(2) risks in the R&D, delivery, and technical support of products and key components;

(3) risks related to product and services providers utilizing the convenience of providing products and services to engage in illegal collection, storage, handling and utilization of user-related information;

(4) products and service providers taking advantage of users’ reliance on products and services, and carrying out unfair competition or harm to the interests of users;

(5) other risks that may endanger national security and the public interest.

Article 5 The State Internet Information Office, in conjunction with relevant departments, shall set up a Cybersecurity Review Committee to review important policies of the cybersecurity review, organize cybersecurity review work, and coordinate the relevant important issues related to the cybersecurity review.

The Cybersecurity Review Office  shall concretely organize and implement the cybersecurity review.

Article 6: The Cybersecurity Review Committee shall appoint relevant experts to form a Cybersecurity Review Experts Committee to conduct a comprehensive evaluation on the security risks of network products and services and the security and trustworthiness of suppliers on the basis of the third-party evaluation.
Read the rest of this entry »

Some Opinions concerning Strengthening National Cybersecurity Standardization Work

Posted on Updated on

ZWBFW No. (2016)5

All provincial, autonomous region, municipal and the Xinjiang Production-Construction Corps Party Committee Cybersecurity and Informatization Leading Groups, all ministries and commissions of Centre and State bodies:

Cybersecurity standardization is an important component part of the construction of the cybersecurity protection system, they play a fundamental, normative and guiding role in building a secure cyberspace and promoting the reform of the cyber governance system. In recent years, following the rapid development and use of network and information technologies, cybersecurity circumstances are becoming more complex and severe with each passing day, putting forward ever higher requirements for standardization work. In order to implement the cyber power strategy, deepen the reform of standardization work, build uniform and authoritative, scientific and highly effective cybersecurity standards systems and standardization work mechanisms, support the development of cybersecurity and informatization standards, and with the agreement of the Central Cybersecurity and Informatization Leading Group, the following Opinions are hereby put forward.

I, Establishing work mechanisms for comprehensive coordination, work division and cooperation

(1) Establishing uniform and authoritative national standards work mechanism. Cybersecurity standardization work must uphold uniform planning and uniform arrangements, stick close to real needs, and hold the security baseline. The National Cybersecurity Standardization Technical Committee will, under the leadership of the National Standards Committee, and under comprehensive coordination by the Cyberspace Administration of China and with the support of relevant cybersecurity competent departments, conduct uniform technical channelling, uniform organization of reporting, submission, examination and approval of national cybersecurity standards. For other national standards relating to cybersecurity content, the opinion of the Cyberspace Administration of China and relevant cybersecurity competent departments shall be sought, ensuring the coordination and consistency of related national standards and the cybersecurity standards system.

(2) Stimulating the orderly development of sectoral standards and norms. Explore the establishment of liaison person mechanisms and consultation mechanisms for cybersecurity sector standards, ensure he coordination, linkage and complementariness of sector standards and national standards, avoid overlap and contradictions between sectoral standards.

(3) Stimulating the close interaction of industrial applications and standards. Strengthen the close linkage and effective interaction of technological research and development, industry development, industrial policy, etc. with standardization in the cybersecurity area. Establish standards information sharing mechanisms for major projects and major science and technology matters, promote the transformation of national cybersecurity-related major projects and scientific research programmes into national standards, clarify standards requirements in project assessment indicators and specialised technology qualifications examinations, and let standards play a guiding and driving role for industries.

(4) Promoting compatibility between military and civil standards. Establish military-civil cybersecurity standards coordination mechanisms and liaison person mechanisms, strengthen the close cooperation of military and civil standardization competent departments. Stimulate two-directional exchange on technical standards in the cybersecurity area, give priority to adopting advanced applicable national standards in the national defence cybersecurity area, research and formulate civil-military common use national standards dealing both with economic construction and national defence construction needs, jointly promote the common civil-military use of basic standards.

II, Strengthening standard system construction

(5) Scientifically building standards systems. Promote the complementarity and linking of cybersecurity standards with relevant State laws and regulations, deal simultaneously with international duties from commitments in the World Trade Organization (WTO) and other such international organizations. Continue to perfect cybersecurity standard systems on the basis of developments in international and domestic cybersecurity trends and actual requirements. Let the standards systems play a role in planning arrangements, regularly publish cybersecurity standard system construction guidelines, guide standards formulation work to proceed in an orderly and measured manner. Stimulate the simultaneous planning and simultaneous formulation of cybersecurity standards and informatization application standards.

(6) Optimizing and perfecting standards at all levels. According to the requirements of work reform plans to deepen standardization, integrate and consolidate mandatory standards, formulate mandatory national standards in areas such as national critical information infrastructure protection, secrecy-related networks, etc. Optimize and perfect recommended standards, and formulate recommended national standards in basic and common areas. Put less attention to formulating recommended sectoral standards in areas with special sectoral needs. Do not, in principle, formulate local cybersecurity standards.

(7) Promote the formulation of urgently needed focus standards. Give priority to what is urgently needed, focus on the needs of national strategies such as the “Internet Plus Action Plan”, “Made in China 20205”, the “Big Data Development Action Plan”, etc., accelerate the research and formulation work for standards in areas such as critical information infrastructure protection, cybersecurity review, trusted identities in cyberspace, critical information technology products, cyberspace secrecy protection and anti-surveillance, industrial control system security, big data security, personal information protection, smart city security, Internet of Things security, new-generation telecommunications network security, Internet television terminal product security, cybersecurity information sharing, etc.

III, Raising standards quality and basic capabilities

(8) Raising the applicability of standards. In formulating standards, uphold the principles of openness and transparency, fairness and justice, pay attention to conducting early investigation and research, opinion solicitation, testing, promulgation and other such work, ensure that standards fully satisfy needs in all areas of cybersecurity management, industrial development, users’ usage, etc., ensuring that standards are fit for purpose and easy to use. Raise the degree of participation and broadness of standards formulation, encourage and attract ever more enterprises, higher education institutes, scientific research institutes, testing and certification bodies, and user, etc., to substantially participate in standards formulation, and pay high regard to the dominant role of enterprises.

(9) Raising the advancedness of standards. Closely track cybersecurity technology and information technology development trends, timely transform scientific and technological innovation results, enhance the science and technology content and technical level of standards. Reduce standard formulation and revision periods, this will in principle not exceed 2 years, ensure that standards timely satisfy the needs of cybersecurity protection, and the development of new technologies and industries.

(10) Raising the standardization of standard setting. Strengthen the management of standard formulation processes, establish complete cybersecurity standard formulation process management structures and work procedures, clarify procedural rules for all phases in detail, optimize standard initiation and examination and approval procedures, and ensure the quality of standards through strictly standardizing work.

(11) Strengthening the construction of basic standardization capabilities. Enhance standard information service capabilities and standard conformity testing capability, and raise comprehensive standardization service levels. Strengthen research on cybersecurity standardization strategy and basic theory.

IV, Strengthening standard propaganda and implementation

(12) Strengthening the propaganda and explanation of standards. Openly promulgate national cybersecurity standards through multiple channels in traditional media and on the Internet. integrate standard propaganda and implementation with cybersecurity management work, stimulate application departments, enterprises, scientific research institutes and other such bodies and their personnel to study standards, understand standards and use standards. Launch excellent cybersecurity practice case selection activities and conduct propaganda and dissemination. Use all kinds of media to expand explanation and propaganda strength for standards.

(13) Strengthening standard implementation. Let all localities and all departments play a role in cybersecurity standard implementation, vigorously adopt national standards when formulating policy documents and arranging corresponding work. All sectoral supervision and management departments must, according to national cybersecurity standards, formulate implementation guidelines and standards, to guide cybersecurity management work. Organize the launch of trials and demonstrations for focus standards, feedback of the implementation situation and evaluation of standard implementation results, enhancing the efficacy and applicability of standards.

V, Strengthening international standardization work

(14) Substantively participate in international standardization work. Vigorously participate in the formulation of international cyberspace norms and international standard norms, promote discursive power and influence. Vigorously participate in formulating related international standards and play a role, contribute China’s wisdom, put forward China’s plan. Promote the transformation of domestically formulated national standards into international standards, stimulate indigenous technology products to “march out”. Integrate the present conditions of our country’s industry development, vigorously adopt suitable international standards.

(15) Promoting the regularization and continuation of international standardization work. Forge a line of composite international standardization expert teams with a high degree of specialization and strong foreign language abilities, raise the number of experts registered with the International Standardization Organization. Recommend capable experts to take charge of positions in international standards organizations, vigorously participate in international standardization conferences, ensure the continuity and stability of work.

VI, Grasp the construction of standardization talent teams

(16) Vigorously launch education and training. Select focus purposeful institutes and schools meeting conditions, to establish cybersecurity standardization-related courses, foster standardization specialist talent teams. Encourage school-enterprise cooperation, support students to go into enterprises to practical study, and enterprise personnel to go into schools to receive standardization training. Enterprises meeting conditions are encouraged to launch standardization knowledge training.

(17) Attracting and fostering high-end talent. Strengthen cybersecurity standardization brain gain, encourage local governments and focus enterprises meeting conditions to attract a batch of high-end international standardization talents. Establish cybersecurity standardization expert databases. Grant preferential treatment to specialized technical talents participating in the formulation of national cybersecurity standards in raising salary, promotion to higher positions and titles, etc.

VII, Providing financial safeguard

(18) Conducting funding safeguard work by the financial administration. All departments and all localities must give high regard to cybersecurity standardization work, and use existing central and local financial administration channels to provide funding guarantees for cybersecurity standardization work.

(19) Encouraging social financial support. Encourage enterprises to expand financial investment into standard research, formulation and application. Guide social public welfare funds to support cybersecurity standardization activities, establish cybersecurity standardization excellence awards, and provide rewards to standards with advanced application and prominent contributions.

Central Cybersecurity and Informatization Leading Group Office

General Administration for Quality Supervision, Inspection and Quarantine

National Standardization Management Committee

12 August 2016

关于加强国家网络安全标准化工作的若干意见

中网办发文〔2016〕5号

各省、自治区、直辖市、新疆生产建设兵团党委网络安全和信息化领导小组,中央和国家机关各部委:

  网络安全标准化是网络安全保障体系建设的重要组成部分,在构建安全的网络空间、推动网络治理体系变革方面发挥着基础性、规范性、引领性作用。近年来,随着网络信息技术快速发展应用,网络安全形势日趋复杂严峻,对标准化工作提出了更高要求。为落实网络强国战略,深化标准化工作改革,构建统一权威、科学高效的网络安全标准体系和标准化工作机制,支撑网络安全和信息化发展,经中央网络安全和信息化领导小组同意,现提出以下意见。

  一、建立统筹协调、分工协作的工作机制

  (1)建立统一权威的国家标准工作机制。网络安全标准化工作要坚持统一谋划、统一部署,紧贴实际需求,守住安全底线。全国信息安全标准化技术委员会在国家标准委的领导下,在中央网信办的统筹协调和有关网络安全主管部门的支持下,对网络安全国家标准进行统一技术归口,统一组织申报、送审和报批。其他涉及网络安全内容的国家标准,应征求中央网信办和有关网络安全主管部门的意见,确保相关国家标准与网络安全标准体系的协调一致。

  (2)促进行业标准规范有序发展。探索建立网络安全行业标准联络员机制和会商机制,确保行业标准与国家标准的协调和衔接配套,避免行业标准间的交叉矛盾。

  (3)促进产业应用与标准化的紧密互动。加强网络安全领域技术研发、产业发展、产业政策等与标准化的紧密衔接与有益互动。建立重大工程、重大科技项目标准信息共享机制,推动国家网络安全相关重大工程或科研项目成果转化为国家标准,并在项目考核指标和专业技术资格评审中明确标准要求,充分发挥标准对产业的引领和拉动作用。

  (4)推动军民标准兼容。建立军民网络安全标准协调机制和联络员机制,加强军民标准化主管部门的密切协作。促进网络安全领域技术标准双向交流,在国防网络安全领域优先采用先进适用的国家标准,研究制定兼顾经济建设和国防建设需求的军民共用国家标准,共同推动基础性标准的军民通用。

  二、加强标准体系建设

  (5)科学构建标准体系。推动网络安全标准与国家相关法律法规的配套衔接,兼顾我国在世界贸易组织(WTO)等国际组织中承诺的国际义务。根据国际国内网络安全形势发展和现实需求,持续完善网络安全标准体系。发挥标准体系的规划布局作用,定期发布网络安全标准体系建设指南,指导标准制定工作有计划、有步骤推进。促进网络安全标准与信息化应用标准同步规划、同步制定。

  (6)优化完善各级标准。按照深化标准化工作改革方案要求,整合精简强制性标准,在国家关键信息基础设施保护、涉密网络等领域制定强制性国家标准。优化完善推荐性标准,在基础通用领域制定推荐性国家标准。视情在行业特殊需求的领域制定推荐性行业标准。原则上不制定网络安全地方标准。

  (7)推进急需重点标准制定。坚持急用先行,围绕“互联网+”行动计划、“中国制造2025”和“大数据发展行动纲要”等国家战略需求,加快开展关键信息基础设施保护、网络安全审查、网络空间可信身份、关键信息技术产品、网络空间保密防护监管、工业控制系统安全、大数据安全、个人信息保护、智慧城市安全、物联网安全、新一代通信网络安全、互联网电视终端产品安全、网络安全信息共享等领域的标准研究和制定工作。

  三、提升标准质量和基础能力

  (8)提高标准适用性。在标准制定中,坚持开放透明、公平公正的原则,注重开展前期调研、征求意见、测试、公示等工作,保证标准充分满足网络安全管理、产业发展、用户使用等各方需求,确保标准管用、好用。提高标准制定的参与度和广泛性,鼓励和吸收更多的企业、高校、科研院所、检测认证机构和用户等各方实质性参与标准制定,注重发挥企业的主体作用。

  (9)提高标准先进性。紧密跟踪网络安全技术和信息技术发展趋势,及时转化科技创新成果,提升标准的科技含量和技术水平。缩短标准制修订周期,原则上不超过2年,确保标准及时满足网络安全保障、新兴技术与产业发展的需求。

  (10)提高标准制定的规范性。加强标准制定的过程管理,建立完备的网络安全标准制定过程管理制度和工作程序,细化明确各阶段的议事规则,优化标准立项和审批程序,以规范严谨的工作程序保证标准质量。

  (11)加强标准化基础能力建设。提升标准信息服务能力和标准符合性测试能力,提高标准化综合服务水平。加强网络安全标准化战略与基础理论研究。

  四、强化标准宣传实施

  (12)加强标准的宣传解读。通过传统媒体和互联网等多种渠道公开发布网络安全国家标准。将标准宣传实施与网络安全管理工作相结合,促进应用部门、企业、科研院所等机构和人员学标准、懂标准、用标准。开展网络安全优秀实践案例评选活动并进行宣传和推广。利用各类媒体加大对标准的解读和宣传力度。

  (13)加大标准实施力度。发挥各地区、各部门在网络安全标准实施中的作用,在政策文件制定、相关工作部署时积极采用国家标准。各行业主管监管部门要按照网络安全国家标准制定实施指南和规范,指导网络安全管理工作。组织开展重点标准的试点示范、实施情况反馈和标准实施效果评价工作,提升标准的有效性和适用性。

  五、加强国际标准化工作

  (14)实质性参与国际标准化活动。积极参与网络空间国际规则和国际标准规则制定,提升话语权和影响力。积极参与制定相关国际标准并发挥作用,贡献中国智慧、提出中国方案。推动将自主制定的国家标准转化为国际标准,促进自主技术产品“走出去”。结合我国产业发展现状,积极采用适用的国际标准。

  (15)推动国际标准化工作常态化、持续化。打造一支专业精、外语强的复合型国际标准化专家队伍,提高国际标准化组织注册专家的数量。推荐有能力的专家担任国际标准组织职务,积极参加国际标准化会议,保证工作的持续性和稳定性。

  六、抓好标准化人才队伍建设

  (16)积极开展教育培训。选择有条件、有意向的重点院校,设立网络安全标准化相关课程,培养标准化专业人才队伍。鼓励校企合作,支持在校学生到企业实习和企业人员到学校接受标准化培训。鼓励有条件的企业开展标准化知识培训。

  (17)引进和培育高端人才。加大网络安全标准化引智力度,鼓励有条件的地方政府、重点企业引进一批高端国际标准化人才。建立网络安全标准化专家库。对参与网络安全国家标准制定的专业技术人才在提高待遇、晋升职务职称等方面予以倾斜。

  七、做好资金保障

  (18)做好财政资金保障工作。各部门、各地方要高度重视网络安全标准化工作,利用中央和地方现有财政渠道,做好网络安全标准化工作的经费保障。

  (19)鼓励社会资金支持。鼓励企业加大对标准研制和应用的资金投入。引导社会公益性基金支持网络安全标准化活动,设立网络安全标准优秀奖,对先进适用、贡献突出的标准进行奖励。

中央网络安全和信息化领导小组办公室 国家质量监督检验检疫总局

国家标准化管理委员会

2016年8月12日

New Paper – Cyber China: Updating Propaganda, Public Opinion Work and Social Management for the 21st Century

Posted on

The first two years of the Xi Jinping administration saw a thorough reconfiguration of Internet governance. This reconfiguration created a centralized and integrated institutional framework for information technologies, in support of an ambitious agenda to place digital technologies at the heart of propaganda, public opinion and social control work. Conversely, the autonomy and spontaneity of China’s online sphere was vastly reduced, as the leadership closed channels for public deliberation. This paper reviews the institutional and regulatory changes that have taken place between 2012 and 2014, and analyses the methods and purposes of control they imply. It can be downloaded free of charge from SSRN

 

New briefing paper: Governing the Web

Posted on

Recently, I contributed to the European Council on Foreign Relation’s China Analysis series of briefing papers. This paper, “Governing the Web” examines recent changes in Internet governance and regulation in China. 

“The internet has gained a new importance in Chinese domestic politics. It is seen as a powerful driver of economic reform, enables more effective social management by government, and realigns the central-local nexus within the party-state architecture.

“Nevertheless, there are international tensions, particularly in the relationship with the United States. Concerns about information and network security have driven China to pursue a policy of software indigenisation and to raise the requirements for foreign technology suppliers. They also fuel the hawkish voices that are already prominent in Chinese public discourse.

“If China and the international community wish to continue reaping the benefits of burgeoning technological change, it will be necessary to achieve some level of mutual co-operation that addresses China’s security concerns while maintaining the operational openness and ethos of collaboration at the heart of the internet’s architecture.”

The full paper can be downloaded free of charge on the ECFR website.

State Council Guiding Opinions concerning Vigorously Moving Forward the “Internet Plus” Plan

Posted on Updated on

GF No. (2015)40

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

“Internet Plus” is the profound integration of the innovation achievements of the Internet with all areas of the economy and society, it promotes technological progress, efficiency improvement and organizational reform, it enhances innovation and productivity in the real economy and creates new, even broader economic and social development circumstances with the Internet as basic infrastructure and innovation of factors. In a new round of scientific and technological revolution, as well as industrial reform worldwide, the Internet has vast prospects and limitless potential for converged development with all areas, it has already become an unstoppable tide of the times, and is having a strategic and comprehensive influence on the economic and social development of all countries. Vigorously giving rein to the comparative advantages that our country’s Internet has already created, grasping opportunities, strengthening confidence and accelerating the development of “Internet Plus”, will benefit the remoulding of innovation systems, stimulating innovative dynamism, fostering new business models and innovative public service models, and has an important role in the forging of mass entrepreneurship, mass innovation and strengthening the “double engine” of public products and public services, in actively adapting to and guiding the new normal of economic development, shaping new drivers for economic development and realizing the qualitative improvement and efficiency of the Chinese economy. Read the rest of this entry »

New essay: Cyber Leninism – History, Political Culture and the Internet in China

Posted on Updated on

While many scholars have debated the question whether the Internet would change China, the question whether China would change the Internet has received less attention. However, the Internet’s arrival in China meant it entered into a highly complex, historically formed political culture. This created a lens through which government has perceived the potential harms and benefits of Internet technology, and a normative basis for a governing strategy. This essay attempts a preliminary exploration of how the cultural elements of Chinese politics, deeply influenced by both Confucian and Leninist tenets, have interacted with information technology. It is available free of charge through SSRN.

Ma Kai’s Speech at the World Internet Conference

Posted on Updated on

Ladies, gentlemen, friends:

Hello, everyone! Welcome to this thousand year-old town, with a long history and a gathering of talents, to together attend the first World Internet Conference. Here, I express warm congratulations on the convention of the Conference! And I express a sincere welcome to the honoured guests who have travelled from afar.

The Internet is one of the most important technological inventions of the 20th Century, and will profoundly influence humankind’s social and civilizational progress. As General Xi Jinping pointed out: “In the present world, a new round of scientific and technological revolution with information technology at the core is being fostered into life, the Internet is becoming more of a leading force for innovation driving development every day, it deeply changed people’s ways of production and life, and powerfully promotes social development” At present, the number of netizens in the world has reached 3 billion, a dissemination rate of 40%, network interconnection and information interflow has been realized on a global scale, and the world has truly become a global village. With “An Interconnected World, Shared and Governed by All” as its theme, it responds to the concerns of international society, and has an extremely important significance in promoting the balanced, secure and sustainable development of the global internet, giving better rein to the important role of the Internet in global economic and social development, stimulating the shared enjoyment of the fruits of Internet development by the people of all nations, and enhancing the prosperity of humankind.

Ladies, gentlemen: The Chinese government attaches great importance to the development of the Internet. Twenty years ago, China fully accessed the complete functions of the Internet, opening up a new era of interconnection and interflow with the world. In these 20 years, China has vigorously merged into the great wave of global Internet development, innovated Chinese practices to move Internet development forward, formulated national informatization development plans, implemented the “broadband China” strategy, and arranged the development of third-generation and fourth-generation mobile telecommunications, it rolled out “three-network integration” in the entire country, vigorously developed the Internet of things, big data, and cloud computing, and accelerated the promotion of e-commerce, e-government, smart cities and other such Internet applications, greatly stimulating information consumption, etc. Through twenty years of efforts, China has now become the county with the largest netizen population in the entire world, the largest worldwide production base of electronic products, and the most mature information construction market in the world. The TD-SCDMA and TD-LTE standards proposed by China have respectively become third-generation and fourth-generation mainstream technological standards for international mobile telecommunications; broadband networks cover the entire country, and there are now 640 million Internet users, 530 million mobile broadband users, and the number of mobile phone users is about 1.3 billion; the market value of publicly-traded Internet companies is higher then 39,5 trillion Yuan, and four companies, Alibaba, Tencent, Baidu and JD.com have entered into the list of the ten strongest global Internet companies; information consumption is rapidly growing, amounting to 1,9 trillion Yuan in the first three quarters of this year, or 18% in relative terms. China’s Internet is developing formidably, greatly stimulating economic development, social perfection and improvement in the livelihood of the population, extending to China’s 1.3 billion people.

In the present and future period, China will be in a crucial period to comprehensively construct a moderately prosperous society and realize the “Two Centuries” struggle objective. In this period, the Internet must have an even greater role. China’s government will respect the principles of positive use, scientific development, management according to the law, and protection for security, accelerate the construction of next-generation national information network infrastructure, strengthen innovation of information and telecommunications technology, promote the profound convergence of the Internet with the economy and society, strengthen Internet governance according to the law, and fully give rein to the important role of the Internet in stimulating sustained and healthy economic development. We will better use the Internet to transform and upgrade traditional industries, foster and develop new industries and new business models, promote economic upgrading, synergy and improvements, and march towards middle and high-end levels. We will better use the Internet to stimulate technological exchange and cooperation, raise scientific and technological innovation capacities, and promote the realization of innovation spurring development. We will better use the Internet to accelerate the construction of e-government services, stimulate the openness of government information, strengthen supervision over government, and enhance administrative efficiency and capacity. We will better use the Internet to strengthen the dissemination of excellent culture, strengthen the overall strength of the cultural industries, and effectively satisfy the people’s various spiritual and cultural demands. We will even better use the Internet to strengthen and improve education, healthcare, traffic, sanitation and other such public services, provide convenience to people’s lives, and realistically guarantee and improve the people’s livelihoods.

Ladies, gentlemen: The development of the Internet faces both rare historical opportunities, and quite a few risks and challenges. Building, using and managing the Internet well relates to national sovereignty, dignity and development interests, it relates to international security and social stability, it relates to the flourishing and development of the global economy, it is urgently necessary for international society to jointly take up their responsibilities, jointly respond to challenges, strive for common governance, and realize common gains. General Secretary Xi Jinping pointed out in his words of congratulations to this Conference that: “China is willing to join hands with all countries in the world, in line with the principles of mutual respect and mutual trust, to deepen international cooperation, respect network sovereignty, safeguard cybersecurity, jointly build a peaceful, secure, open and cooperative cyberspace, establish a multilateral, democratic and transparent international Internet governance system.” To this end, I raise the following four proposals:

First, promoting the interconnection and interflow of Internet infrastructure. Network infrastructure is the bedrock of Internet development. To strengthen exchange and cooperation in the area of the Internet, we must promote the interconnection and interflow of basic infrastructure. The Chinese side is willing to strengthen cooperation with the entire world, accelerate the pace of construction of network infrastructure and telecommunications infrastructure, forcefully upgrade broadband levels, promote the research, development and spread of a new generation of mobile telecommunications technologies, and erect an information highway connecting the world. At present, the Asian Infrastructure Investment Bank and the Silk Road Fund are vigorously planning, and the construction of network infrastructure will also become a focus area for investment.

Second, stimulating the flourishing and development of the Internet economy. At present, the network economy has become one of the areas of the global economy that develops most rapidly, has the greatest potential, where cooperation is most dynamic. China is willing to, together with international society, formulate and perfect norms for trade in cyberspace, strengthen the effective linkage of laws and policies, launch cross-border e-commerce cooperation, raise the levels of convenience in customs clearance, logistics, etc., oppose trade protectionism, shape a global online market, and promote the flourishing and development of the global network economy.

Third, strengthen Internet technology cooperation and sharing. Technological innovation is a fundamental driver of network development, Internet cooperation is an important basis for technological innovation. We hope that all countries in the world grasp the historical opportunity of a new round of technological revolution, strengthen technological cooperation in network telecommunications, mobile Internet, cloud computing, the Internet of things, big data and other such areas, jointly resolve development difficulties in Internet technology, and jointly promote the development of new industries and new business models. The crux for Internet technology breakthroughs is to rely on talent. We are willing to launch broad talent exchange with all countries, and jointly foster top-notch innovative network talents. China will vigorously create a fine environment for foreign talents to innovate and start up businesses, we warmly welcome foreign network experts and excellent talents to come to China for exchange and cooperation, start-up businesses and development.

Fourth, realizing powerful guarantees for Internet security. The Internet is a double-edged sword, if it is used well, it is the treasure of Ali Baba; if it is not used well, it is Pandora’s box. Cybersecurity is a common challenge that human society faces, effectively responding to it is the common responsibility of all countries’ governments. All countries worldwide should strengthen cooperation, fully reflect the different concerns of various countries concerning cybersecurity, attack cybercrime according to the law, strongly attack acts of cyber terrorism, joint forces to attack cyber attacks and violations of privacy, jointly safeguard online sovereignty security, data security, technology security and application security, and let the Internet become a safe web and a care-free web.

Ladies, gentlemen! Take a look into the future, the great changes, great developments and great convergence of the global Internet has become an irreversible historical tide. Let us join hands, incessantly deepen exchange and cooperation, let the Internet enrich all of human kind even better, and let the world become ever more beautiful. Lastly, I wish the Conference is crowned with complete success! Thank you, everyone!

 

Supreme People’s Court Regulations concerning Some Questions of Applicable Law in Handing Civil Dispute Cases involving the Use of Information Networks to Harm Personal Rights and Interests

Posted on Updated on

In order to correctly hear civil dispute cases involving the use of information networks to harm personal rights and interests, on the basis of the provisions of the “General Principles of the Civil Code of the People’s Republic of China”, the “Tort Liability Law of the People’s Republic of China”, the “National People’s Congress Standing Committee Decision concerning Strengthening Online Information Protection”, the “Civil Procedure Law of the People’s Republic of China”, and by integration with judicial practice, these Regulations are formulated.

Article 1: Civil dispute cases involving the use of information networks to harm personal rights and interests as mentioned in these Regulations, refers to dispute cases triggered by harm to another persons’ right to a name, right to reputation, portrait right, right to privacy and other such personal rights and interests through the use of information networks. Read the rest of this entry »

Virtual Lines in the Sand: China’s Demands for Internet Sovereignty

Posted on

Presenting the Standing Committee, a collective academic blog on all things China.

The Standing Committee

Rogier Creemers

The Internet figured heavily in Xi Jinping’s recent visit to Brazil. With the push of a button, Xi and President Dilma Rousseff of Brazil inaugurated the Portugese language service of Chinese search giant Baidu. The telecommunications technology company Huawei signed an agreement to create an R&D centre in Brazil, focusing on mobile, big data and security technology. Alibaba, China’s largest e-commerce corporation, is teaming up with Correios, the state-owned post company, to develop logistical procedures and payment services for Brazilian small businesses.

Xi also made Internet governance a main theme in his speech to the Brazilian National Congress. He reiterated China’s basic position that the sovereignty of individual countries should be the basis of international cooperation. “In the current world, the development of the Internet has posed new challenges to national sovereignty, security and development interests, and we must respond to this earnestly. Although the Internet has the…

View original post 1,245 more words

The Implementation of the Constitution and Long-Term Governance

Posted on Updated on

This article by Zhang Qianfan was posted on the author’s blog on 22 August 2013. This blog is now no longer accessible. The current translation has been made on the basis of a reblogged version.

Since May of this year, anti-constitutionalist discourse has caused a stir. An extremely small number of people who call themselves “scholars”, propagate that “the crucial factors of constitutionalism are capitalist and not Socialist”, “it is a roundabout manner of denying China’s development model”, that in China “it can only be like climbing trees to catch fish” and other such viewpoints. In a short time, constitutionalism has become “a sensitive word”, it has become a conceptual “forbidden area”, after “the market economy”, “the rule of law” and “human rights”. In fact, this discourse with a fifties-sixties accent is contradictory from front to back, confused in its logic, ridiculously childish and not even worth refuting, but in view of the fact that it has confused public opinion, harmed the country and the people after its publication in mainstream media, it has gravely harmed the image of the governing party and the government, it seems that it is necessary to clarify the basic idea and common knowledge about constitutionalism, in order to ensure correct understanding of the facts, distinguish right and wrong, and clarify true and false. The author believes that in constitutionalism, there is not only no difference about whether “it is surnamed Socialist or capitalist”, but it has an irreplaceable function for China’s social stability and the long-term governance of the governing party. Read the rest of this entry »