Opening of the decision on strengthening the network information protection legislation of network
"is critical. "Bring before the national people's Congress adopted the decision on strengthening the network information protection (hereinafter the decision), the Chinese people's public security University Law Professor Gao Wenying said. In particular, the decision of the tenth, Gao Wenying to see brought to police cyber crime cases detected by "good" information.
article tenth: "competent authorities to perform their duties, the network service provider shall cooperate with and provide technical support. "Such a brief statement, Gao Wenying, is the key in key. For example, she said, public security departments cracked some of the found information that endangers national security, information transmitted is encrypted, some time is hard to crack, and not according to the relevant regulations allow Internet service providers to provide technical support, thus delaying time. "The decision was launched, can provide the upper law basis for the public security department under the relevant regulations. "She said, although the decision is not as general law defines specific permissions or rules and procedures, but the basic systems and principles.
publication of the decision, the media positively, an award mentioned landmark significance: for Internet management measures necessary to provide higher-level law basis, across the complete network information protection law "short Board" a first step.
in fact, the publication of the decision was not "born". The 90 's of the last century, the early days of the Internet, our Internet legislation had been prepared. For the management and protection of Internet-related laws and regulations in China, the earliest dating back to 1994, the People's Republic of China regulations on protection of computer information system security, and subsequently promulgated a number of laws and regulations.
in particular, since 2000, has developed the measures for the administration of Internet information services and the People's Republic of China Telecom regulations and the decisions of the national people's Congress Standing Committee on safeguarding Internet security and the regulations on the administration of Internet news information service and a series of Internet management and maintenance of the approaches and requirements.
the protection of Minors Act, the tort liability Act and other legal provisions involved or applicable to Internet governance. In addition, the Supreme People's Court, the Supreme People's Procuratorate on handling using the Internet, mobile communication terminals, voice production, reproduction, publishing, selling and spreading pornographic electronic information explanations on several issues concerning the specific application of law in criminal judicial interpretation.
However, legislation to protect network information system in our country is not yet complete, the relevant provisions are scattered and poor maneuverability. As Deputy Director Li Fei of the NPC Law Committee said in a statement on the draft of the decision stated: "in General, the legal norms on the protection of network information in China is still relatively weak, lack the necessary management measures upper law based on China's Informatization development and safeguard the people's legitimate rights and interests in the network activity not adapted to requirements. "
Chen xinxin, a researcher at Chinese Academy of social sciences law believes that the decision in the previous sections of the specification of some sort as well, also later developed or revised related regulations provide the higher-level law basis.
University of posts and telecommunications, Internet governance and legal research center director Li yuxiao, the decision concerning the main issues in the current Internet management, targeted, operations are relatively strong. He said the decision from the highest level of legislation to strengthen the protection of network information, is an important expression of countries to strengthen management on the Internet.