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What did Xi Jinping say about cyberspace?

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

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

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

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

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

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

V, Implement new development ideas, build modernized economic systems

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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)

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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

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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

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

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

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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

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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

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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

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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

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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

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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

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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…

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The Implementation of the Constitution and Long-Term Governance

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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 »

Why the Chinese Dream needs theory.

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Recently, the Office for the Marxist Theory Research and Construction Project, which is subordinate to the Central Propaganda Department, issued a call for proposals, in which it requested a number of specific research institutions to file projects in relation to fifteen broad headings related to the Chinese Dream.

1, The historical origins and contemporary background of the Chinese Dream

2, The opportunities and challenges faced in realizing the Chinese Dream

3, The basic content and main characteristics of the Chinese Dream

4, The Chinese Dream, the Party’s governance concepts and the country’s development objectives

5, The Chinese Dream is a dream that relies on the people and benefits the people

6, Socialism with Chinese characteristics is the necessary path to realize the Chinese Dream

7, The Chinese Dream and carrying forward the Chinese spirit

8, The Chinese Dream and concentrating China’s strengths

9, The Chinese Dream and constructing the Socialist core value system

10, The Chinese Dream and realizing the “Two Centuries” struggle objective

11, The Chinese Dream, national defence and military construction

12, Realizing the Chinese Dream and taking real action to rejuvenate the country

13, The Chinese Communist Party is the leading core for realizing the Chinese Dream

14, Realizing the Chinese Dream benefits the civilizational progress of the world

15, The Chinese Dream and work in all areas.

 According to the notice, proposals needed to be filed before the end of June, with a decision being made early July, and finished “research achievements” to be submitted before the end of August. These will primarily appear in the form of theoretical articles, probably in Qiushi or similar journals; as internal reports or survey reports; in main Central newspapers; or be sent to relevant departments for reference. Funding will provided at the end of the year, on the basis of the quantity and quality of “research achievements”. Read the rest of this entry »

Ex-CCTV Chief Dismissed from GAPP Vice-Chair Position, Possibly also from Party

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According to Caixin, Jiao Li (焦利), who was the head of CCTV until November last year, and was appointed as Vice-Chairman of the General Administration of Press and Publications, has been removed from his position. Jiao seems to have been the latest victim of the Bo Xilai fallout. Both men started their careers in Liaoning Province. Jiao worked his way through the ranks of the Liaoning Daily, becoming editor-in-chief and chair of its Party Committee. In 1997, he became a member of the Liaoning provincial propaganda department and joined the Central Propaganda Department in 2008. In May 2009, he was appointed as CCTV director. Here, he suspended a news anchor on request of Bo Xilai. However, he was removed from his position after only two and a half years in office, prompting suspicions that Jiao had ruffled feathers in his handling of news items. He also made himself unpopular among staff through the appointments and dismissals he made. Furthermore, Jiao’s private life came under scrutiny.  He allegedly had a relationship with Tang Can, a singer who, according to rumours, has been secretly sentenced to 15 years in July after being involved in numerous high-level scandals, and was closely acquainted with Bo Xilai. Officially, he was transferred to a vice-director position in the General Administration of Press and Publications, but has not been seen in public events since. Now, it seems that he has been removed from all State posts and expelled from the Party.

This calls into question his relationship with Li Changchun, a fellow Liaoninger, number 5 in the Standing Committee and propaganda chief, and Liu Yunshan, director of the Central Propaganda department and Standing Committee hopeful at the 18th Party Committee. Rumours indicate that although Li distanced himself from Jiao as scandal started to broaden, Liu tried to protect Jiao, on whose assistance he relied in the CPD.

Unfortunately, in this case, most we have to go on are reports by partisan overseas Chinese media, which may not necessarily reliable. However, let’s assume, for the sake of the argument, that they are true. This might have interesting consequences for the relationship between the propaganda apparat and the Standing Committee. Propaganda is, together with discipline inspection and personnel appointments, one of the three large supporting pillars of the Party, and the head of the propaganda apparat has been a Standing Committee member since 1989, when the structure was overhauled. There has been an increasing emphasis on media and culture in recent years but until now, the institutions in those fields have generally been staffed by the conservative side of the Party. It is not unimaginable to think that in the raging political crisis, control over propaganda, and therefore the tools of public opinion guidance, has been one of the major points of conflict for the next round of appointments. Also, political battles in China often are fought through underlings. For example, Chen Liangyu’s dismissal in 2003 signalled Hu Jintao’s consolidation of power over the Shanghai faction, while the dismissal of his right hand man Ling Jihua was considered to be a great weakening of his power. It seems inconceivable that Jiao’s dismissal, especially at this time, has nothing to do with Liu Yunshan’s Standing Committee aspirations. However, there are different options. Liu might now be out of the running for one of the spots, but it might also be the case that Jiao’s dismissal is part of a compromise in which Liu will succeed Li Changchun, but will be beholden to other factions in the Party. One more story on the rumour mill, one more reason to watch the line-up, somewhere by this time next month.