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Overview of the White Paper of Internet Law 2018  


【Published by】 China Academy of Information and Communications Technology
【Compiled by】 China Academy of Information and Communications Technology
【Published in】 December,2018

Abstract
Internet should be regulated in accordance with the law is an integral part of comprehensively advancing the rule by law. In 2014, the fourth plenary session of the 18th Communist Party of China (CPC) Central Committee announced The Decision on Comprehensively Advancing Several Major Issues Concerning the Rule of Law which emphasized the legislation of Internet, including make laws and regulations of online information services, cyber security protection, internet social management as well as online behaviors.

Contents

  Internet should be regulated in accordance with the law is an integral part of comprehensively advancing the rule by law. In 2014, the fourth plenary session of the 18th Communist Party of China (CPC) Central Committee announced The Decision on Comprehensively Advancing Several Major Issues Concerning the Rule of Law which emphasized the legislation of Internet, including make laws and regulations of online information services, cyber security protection, internet social management as well as online behaviors.

  China had made a remarkable achievement in the past years. A legal framework of Internet regulation has been established. Laws and regulations for Internet have been published continuously, and more drafts have been introduced incessantly. During these processes, China has been carrying out special legislation for Internet, as well as adjusting traditional legal system to adapt to the development of Internet technology, to create an Internet legal framework system with more comprehensive specifications, more complete content and more reasonable structure. This framework should cover laws, regulations, rules, normative documents and other levels, consisting of administrative law, civil law, criminal law and other legal departments, involving network, resources, applications, security, industry and other aspects.

  Recently, policies and regulations about online information services have been much promulgated. The regulation system of online information services has been established and improved. China attaches great importance to the legislation of cybersecurity. After the enforcement of the Cybersecurity Law, several related regulations and rules had been issued in response to the new situation and new challenges of cybersecurity protection. To deal with the new issues with the development of ICT industry, China timely enacted the E-commerce Law, strengthened the Online protection of minors, standardized the development of intelligent and connected vehicles, improved the regulation of online taxi-hailing service, financial activities, and advertisement.

  On a worldwide scale, a new round of technological and industrial revolution is booming. In the meanwhile, some potential security risks and legal issues to the world have came out, such as personal data protection, cross-border data flow and cyber security protection In 2018, many countries promoted internet legislation around the two major themes of cybersecurity protection and digital economic development. Many countries have promulgated and implemented specific legislations about personal data protection. The rules of personal data protection laws and the relief mechanism for personal data rights have been further declared. The requirements of cross-border data flow continue to be explored. Legislations and official documents on cybersecurity are continuously made and updated. The supervision of false news, political advertisements, and other illegal contents including pornography, hatred, violence and terrorism had been reinforced. Laws and regulations for new technologies and industries becomes more and more reasonable.

  China is keeping in touch with the trend of international Internet governance. China is also conforming to the wave of the digital economy development, with a correct view about the balance between security and development, promoting development with policies, ensuring security with the rule of law, and keeping activities on the Internet well-ordered.

  In the next step, according to the legislative plan, bunches of laws and policies on Internet development and regulation will be promoted and released, including Personal Information Protection Law,Data Security Law,Cryptography Law,Telecommunication Law etc.

  As an ICT think tank, the Internet Law Research Center of China Academy of Information and Communication Technology (CAICT) will continue to pay attention to these legislations, provide a platform for international cooperation and work together to promote the internet development and regulation.

 

Chinese version:http://www.caict.ac.cn/kxyj/qwfb/bps/201812/t20181227_191682.htm

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