China has strengthened
its ability to police the Internet and protect network
security by extending criminal law to cover online
abuses. These include revealing state secrets and
spreading computer viruses.
The Standing Committee of the National People's
Congress approved a resolution that makes it a criminal
offence to disrupt computer networks or to break into
networks for national affairs, defence or high
technology.
The resolution, which it says was drafted to promote
the healthy development of the Internet and protect
national security, also states that it is a crime to use
the Internet to spread rumours, promote religious cults,
hurt national unity or undermine the Government.
It is also a crime to use the Internet to commit
theft or fraud as well as to make slanderous or
insulting remarks.
"The resolution will play a positive role in
protecting the rights of citizens and corporations on
the network," NPC Chairman Li Peng was quoted by China
Daily as saying.
Others in the industry welcomed at least some of the
provisions of the resolution, which has the force of
law.
"It's very good news," said a spokesman for Sohu.com,
the Internet portal based in Beijing. "We have to fight
hackers."
The NPC's resolution came shortly after the State
Council and the Ministry of Information Industry
announced regulations tightening surveillance of the
Internet.
"These are meant as a supplement to the Internet
regulations approved by the State Council," said Philip
Qu, a lawyer at Transasia, a Chinese law firm in
Beijing.
Mr Qu said since 1977 there had been legislation on
the books covering public security and the Internet but
that a number of cases had shown the wording was too
vague.
China has already jailed - and later released - one
Shanghai resident on charges of using the Internet to
subvert the state. That case, which involved Lin Hai,
who had an online employment service, gained world
attention when he stood accused of sending information
to a dissident organisation over the Internet.
The use of the criminal law to combat the spreading
of computer viruses would be a step forward but might
prove difficult to enforce, according to Mr Qu.
"We will have to see technical details on this," said
Mr Qu. "This will be a great challenge for the police."
The resolution also states that it is illegal to
delete or alter another person's electronic mail.
This probably stems from a case involving a
university student in Beijing who used another student's
e-mail to try to gain admission to an American
university.