On November 14, the National Internet Information Office issued a notice on the “Regulations on the Administration of Network Data Security (Draft for Comment)” for public comments. Among them are a number of pioneering regulations regulating the Internet industry, involving data classification and classification protection systems, and platform privacy rules. , Personal identity authentication, etc.
Relevant link: Notice of the State Internet Information Office on the “Regulations on the Administration of Network Data Security (Draft for Solicitation of Comments)” (full text)
Netizens soon noticed that Article 41 and Article 66 of the Regulations deal with the issue of “cross-border data” and stipulate related punishment methods, which may be tailored for the current major “crimes of escaping the wall”:
Article 41: The state establishes a data cross-border security gateway to block the spread of information that originates from outside the People’s Republic of China and that is prohibited by laws and administrative regulations from being released or transmitted.No individual or organization shall provide programs, tools, lines, etc. for penetrating or bypassing data cross-border security gateways, and shall not provide Internet access, server hosting, technical support, and dissemination for penetrating or bypassing data cross-border security gateways. Promotion, payment and settlement, application downloading and other services. If domestic users access the domestic network, their traffic must not be routed overseas.
Article 66: Individuals and organizations that violate the provisions of Article 41 shall be ordered to make corrections, given warnings, and confiscated by the relevant competent authorities; if they refuse to make corrections, they shall be fined not less than one time but not more than ten times the illegal income, and there is no violation of the law. If the income is obtained, the directly responsible person in charge and other directly responsible persons shall be fined not less than 50,000 yuan but not more than 500,000 yuan; if the circumstances are serious, the relevant competent department shall, in accordance with relevant laws and administrative regulations, order them to suspend relevant business, Suspension of business for rectification, revocation of relevant business licenses or revocation of business licenses; if a crime is constituted, punishment shall be imposed in accordance with the provisions of relevant laws and administrative regulations.
And Article 72 (11) of the Regulations obviously has a “righteous” description of the existing GFW facilities:
Article 72 (11) The data cross-border security gateway refers to the important security of blocking access to overseas reactionary websites and harmful information, preventing cyber attacks from abroad, controlling the transmission of cross-border network data, preventing investigations and combating cross-border cyber crimes infrastructure.
The current official penalties for circumvention of the wall are generally based on the “establishment and use of non-statutory channels for international networking without authorization”. In 1997, there have been rumors of “new regulations waiting to be released” on the Internet.
Netizens discuss
The following is an admonishment over the wall that has been circulated recently on the Internet, and the client was fined five thousand yuan:
In the China Digital Era, “The Crime of Overcoming the Wall”: A Tailor-made “Internet Shackles” for Chinese Netizens, this guide lists the methods commonly used by netizens to overturn the wall, and these methods are in line with the “Internet In Article 41 of the Regulations on the Administration of Data Security, “Any individual or organization shall not provide programs, tools, lines, etc. for penetrating or bypassing data cross-border security gateways, and shall not be used for penetrating or bypassing data cross-border security gateways. Provide Internet access” feature description. Therefore, some netizens believe that this is a “targeted strike” ordinance issued against individuals circumventing the wall.
Of course, some netizens believe that they need to wait and see. For example, Article 2 of the General Regulations mentions that “this Regulation does not apply to natural persons carrying out data processing activities for personal or family affairs.”
Article 2 These regulations apply to the use of the Internet to carry out data processing activities and the supervision and management of network data security within the territory of the People’s Republic of China. These Regulations shall apply to the processing activities of individuals and organizations within the territory of the People’s Republic of China outside of the People’s Republic of China in one of the following circumstances: (1) For the purpose of providing products or services within the territory; Organizational behavior; (3) Involving the processing of important domestic data; (4) Other circumstances stipulated by laws and administrative regulations.These regulations do not apply to natural persons carrying out data processing activities for personal or family affairs.
The following comments were collected from the Internet by the editor of China Digital Times:
Xun Xun-: Haha, it is true that the cesspool is covered.
A little knife: Don’t engage in scientific research for graduate students all over the country.
Yuanyuan in the garden: History is a cycle, sigh.
Just use dangerous common sense: the last sentence of Article 2 of the General Provisions “This Regulation does not apply to natural persons carrying out data processing activities for personal or family affairs.”
Girl A: Without a wall, all Chinese people will be poisoned by fake news from the Internet! Thanks to the party.
A large wave of strange flowers is roasting chicken: So I have always wanted to know how Sister Hua went on Twitter and how to promote the culture.
bebeec: I’m still emphasizing whether the personal use is mentally retarded. No company will provide you with a tool server. You can’t access the network that sells jump servers. How do you connect it? Are you planning to take a cable to overseas? Do you use it personally?
naihelige: gfw rectification, data cross-border security gateway.
juxsav23594: Just wipe the butt paper. When there is no such law, the teasing base area is still not caught.
bornfreepotato: I finally believe that the great motherland is a country under the rule of law.
Type AB old E: I don’t understand. The second article means “you can go to the Internet if you want to, but we need to catch you who provide services on the Internet”…
Electronic-Inside-62: You used to be punished by law and order, but now there are laws to follow directly, very good! energetic!
kaki323: Over the wall, let’s say ten or twenty million less. Thinking about it with your toes, you will know that it is impossible to catch all of them. I am worried that it is better to protect personal information as usual and not to be affected by year-end performance.
maomao4283075: I feel more and more that the CCP is a master of euphemism, from the “negative growth” invented in the early years to the current “harmless processing” and “cross-border data security gateway.” Chinese has become Newspeak~
wwbfred: Although I feel that the analysis of Chinese law is basically an analysis of loneliness, let’s explain it from a legal perspective. 1. “The country establishes a data cross-border security gateway”, the GFW is legalized and made public. 2. No individual or organization shall provide…services. “Provide” is used here, not offer or use. This leaves room for law enforcement. First, users do not violate the law, and second, self-built and self-use are not illegal. Of course, the specific operation depends on the enforcement. After all, you are breaking the law, and you are breaking the law without legal provisions. 3. “Domestic users access domestic networks, their traffic must not be routed overseas”, mainly for data security, but it is also good for consumers. There will be no more cases where Netcom Telecom Internet goes abroad in the ancient times, or IPV6 Telecom Unicom Internet goes around the United States.
Cesium Hydroxide: IT students feel crazy.
A_Schopenhauer: Set barriers for technology and barriers for information. The two directions are different. Allow the national government to access the Internet.
Luo Yu_Qian Zang: As we all know, at this point, the so-called “soliciting opinions” is already a formal process…
Attached:
Following the recent release of the song “Glass Heart” which satirizes the CCP’s little pink, Huang Mingzhi launched a new song “Outside the Wall” on November 12, and the song exceeded one million views in less than a day. What is even more unexpected is that , A “sightseeing song” actually looks at the people in and outside the Wailing Wall. Netizens left messages to express their feelings. (French Canton)
“The blue sky and the green space are my habitat, and the scenery you yearn for. I have been waiting for you outside the wall, and I long for a miracle… It’s all self-evident tacit understanding”, the touching lyrics made me cry outside the wall. The people outside the wall have been thinking about the people inside the wall. There are so many helpless and involuntary people that prevent us from seeing each other… Thank you, Brother Mingzhi, once again soothing our hearts with music. “Outside the Wall” https://t.co/OtNzVzQWbm pic.twitter.com/Kfm6czxkfW
— Qingfeng (@qingfeng2001) November 12, 2021
