China Rests Its Internet Surveillance And Control On Three 'Super Agencies'

JAKARTA - Mastery of technology and innovation is China's priority for the next five years, in order to realize the 'China Digital' campaign to support efforts to 'take over' the position of the United States at the top of the list of world economies.

Far back, China has paid attention to cyber policy issues after US President Bill Clinton insinuated China's efforts to control cyber communications, like nailing jelly to the wall in 2000.

Under Prime Minister Zhu Rongji who was then in office, China immediately responded by imposing regulations on internet information services. Provide a legal basis for the state to regulate all companies sharing information with users online.

Now, twenty years after the regulation was enacted, through the Cyberspace Administration of China (CAC), the Bamboo Curtain country wants to strengthen its grip and control over domestic technology companies outside China's borders through new regulations.

"The new version of the regulation has absorbed China's experience in managing the internet over the years. Making it more comprehensive and modern," said Wang Sixin, a law professor at the Communication University of China, reported the South China Morning Post.

Interestingly, the rules are not only aimed at users, but also for disciplining the relevant Chinese authorities.

"The rules are not only about what you can and cannot do in online services, but also about disciplining governments," said Rogier Creemers Assistant Professor of Modern Chinese Studies at Leiden University.

The draft regulation stipulates that the CAC, also known as the Central Cyberspace Affairs Commission Office, will oversee internet management planning and cybersecurity. The Ministry of Industry and Information and Technology (MIIT) will be responsible for network connections and market access. The Public Security Bureau, which controls the Chinese police force, will administer public order and security on the internet, as well as punish illegal online activities.

This new rule-based structure was assessed by observers, providing a clear picture of the division of tasks and responsibilities, and coordination among government agencies.

"It offers a higher level legal basis for the Cyberspace Administration to oversee the internet," said Wang.

CAC, which once had extra authority, stumbled on the corruption case of Lu Wei who led the CAC until 2016. The existing institutions are also scrambling to gain the influence that CAC has on the online space.

"It is very clear that what is expected of them is that they are working together and it is expected of them that they share information. On the one hand, this is also a message to this government department, which is saying, If you don't do this, there will be consequences," said Creemers. .

Adding to the challenges, internet controls remain largely fragmented among the dozens of government agencies as the internet sector expands to cover new areas. Online gaming agreements, for example, are currently under the control of the State Press and Publications Administration, which is directly under the Communist Party's publicity department.

Meanwhile, regulating the sale of e-cigarettes online involves the State Market Administration Regulation and the State Tobacco Monopoly Bureau. The draft internet service regulation is designed to clearly describe the powers and responsibilities of the three 'super agencies' that control the internet, namely the CAC, MIIT and the Public Security Bureau.

The new rules also make China less tolerant of online voices that do not conform to official policy, where interrogations, arrests and criminal prosecution are commonplace.

As in the case of former journalist Qiu Ziming who is currently facing criminal charges, due to questions about the number of victims of Chinese soldiers during clashes with India at the border.

The Public Security Bureau and the police are the two prominent parties regarding this new Chinese policy. If in the previous regulation the Public Security Agency was mentioned only twice, in the new regulation this body appears in 20 articles. Even with the increasing role of the police in the midst of increasing internet crime in China.

"The draft new internet regulation highlights the role of the police. The fact that it emphasizes the role of the Public Security Bureau is noteworthy. The existing version (of the regulation) is more concerned with telecommunications management, but the new draft emphasizes the role of the Public Security Bureau in protecting cybersecurity and dealing with cyber crime. , "said James Gong, attorney at Herbert Smith Freehills.

Regardless of which government agency has more power, departments often have to cooperate in carrying out their duties. CAC, for example, is working with MIIT, police and market regulators to clean up content on live streaming platforms. It also collaborates with other government agencies, to regulate how smartphone apps collect and use personal data.

More than just explaining the roles of various organs of government, the new regulation also sheds light on the responsibilities of private businesses and the consequences for citizens who don't comply.

For example, the draft allows police to detain a person for up to 15 days, for an online offense that is considered less serious than outright crime, a provision that didn't exist in the old regulations. Individuals and companies will be punished for committing bogus traffic, comments and transactions. They also face heavier fines of up to 1 million yuan (US $ 153,000) for spreading rumors online.

"The new regulations place a heavier burden on service providers, as they are required to provide notification to the state regarding alleged violations committed," said You Yunting of the Shanghai Debund Law Office.

"Regarding internet crimes or violations of the country's real name (registration) system in various services, companies are obliged to report. The new Presidential Decree is clear, that they have an obligation to facilitate government investigations," You continued.

The new draft even includes a clause stating that Chinese authorities can pursue internet services both at home and abroad. If it concerns illegal and criminal activities that endanger national cyber security and order. And violates the legitimate rights and interests of Chinese citizens

"This has the potential for Chinese authorities to regulate foreign-based services." This could be very disturbing, if the authorities choose to enforce this provision broadly, "explained Matt Murphy, MMLC Group Law Firm Managing Partner.

For internet service providers operating in China but servers overseas, the new regulations, if implemented, would increase the likelihood of illegality, Murphy said.

"If network services are provided to China via servers installed overseas, competent authorities can also carry out surveillance," he added.

The draft regulation also requires online service providers to store network log information for six months, up from 60 days earlier.

"We have reached a milestone in history. Changes driven by Chinese authorities are unlikely to occur organically within the technology company itself, so regulators need to take over," said John Dong, a lawyer at Joint-Win Partners.

All of the alternative models of internet surveillance that China is developing today are said to be different from the Western world.

"China understands more precisely the risks that arise from the online world than the West understands. And that means in many countries, China will be an example. And they will be watching closely to see what works and what does not," Creemers said.

"You don't have to be a defender of authoritarian rule or dictatorship to say we need to regulate the internet more effectively to see what they're aiming for," he said.