China IT Outsourcing, Software Outsourcing Development

By Chinese Government’s Official Web Portal

VI. Active International Exchanges and Cooperation

Though connected, the Internet of various countries belongs to different sovereignties, which makes it necessary to strengthen international exchanges and cooperation in this field. China maintains that all countries should, on the basis of equality and mutual benefit, actively conduct exchanges and cooperation in the Internet industry, jointly shoulder the responsibility of maintaining global Internet security, promote the healthy and orderly development of the industry, and share the opportunities and achievements brought about by this development.

The Chinese government has always supported and conducted international exchanges and cooperation in the field of the Internet. Representatives have been sent to all previous sessions of the World Summit on the Information Society (WSIS) and other important international and regional meetings related to the Internet. It attaches great importance to regional cooperation in maintaining Internet security. In 2009 China signed the ASEAN-China Coordination Framework for Network and Information Security Emergency Responses and the Agreement among the Governments of the SCO Member States on Cooperation in the Field of Ensuring International Information Security with the ASEAN and SCO member states, respectively. In combating network crimes the Chinese public security organ has participated in the Interpol Asia-South Pacific Working Party on IT Crime, China-US Joint Liaison Group and other forms of international cooperation, and has conducted bilateral and multilateral meetings successively with such countries or regions as the US, the UK, Germany, Italy and Hong Kong. Since 2006 the Chinese public security organs have handled more than 500 letters of assistance in case handling from more than 40 countries and regions concerning network crimes, which cover many types of cases, including hacker attacks, child pornography and network fraud. China actively promotes the establishment of bilateral dialogue and exchange mechanisms in the field of the Internet. Since 2007 it has held meetings of the US-China Internet Industry Forum and the Sino-British Internet Round Table with the US and the UK, respectively. In order to draw on the experience of other countries in developing and administering the Internet industry, the Chinese government has organized dozens of delegations since 2000 to pay visits to more than 40 countries in Asia, Europe, North America, South America and Africa, and has applied some of their successful experiences to its own Internet development and administration.

China holds that the role of the UN should be given full scope in international Internet administration. China supports the establishment of an authoritative and just international Internet administration organization under the UN system through democratic procedures on a worldwide scale. The fundamental resources of the Internet are vitally connected to the development and security of the Internet industry. China maintains that all countries have equal rights in participating in the administration of the fundamental international resources of the Internet, and a multilateral and transparent allocation system should be established on the basis of the current management mode, so as to allocate those resources in a rational way and to promote the balanced development of the global Internet industry.

All countries should conduct multi-form, multi-channel and multi-level exchanges and cooperation in this regard on the basis of equality and mutual benefit. Their governments can establish bilateral exchange mechanisms, exchange views, experiences and practices on matters such as the policies, legislation and security of the Internet industry, and settle differences through consultations on an equal footing. The governments of all countries should support the Internet industry in holding international exchange activities, encourage its efforts to expand consensus through exchanges, and resolve problems facing the Internet industry with joint efforts. The development of the Internet industry brings with it a series of new scientific and moral problems. Experts and scholars of various countries should be encouraged to conduct academic exchanges and share their research findings. In the face of the increasingly serious problem of transnational network crimes, the law-enforcement agencies of all countries should enhance their coordination in preventing and combating network crimes, and establish multilateral or bilateral cooperation mechanisms.

China would like to share with other countries the opportunities brought by the development of the Chinese Internet industry. It will unswervingly stick to its opening-up policy, open the Chinese Internet market in accordance with the law, welcome enterprises from other countries to enter the Chinese Internet market in accordance with the Provisions on the Administration of Foreign-funded Telecommunication Enterprises and share the opportunities brought by the development of the Internet in China. China abides by the general obligations and any specific commitment as a WTO member, protects the legitimate rights and interests of foreign enterprises in China, and provides proper services to those enterprises in their legal business operations concerning the Internet.

Concluding Remarks

The rapid development of China’s Internet industry benefits from China’s policy of reform and opening-up, from the sustainable development of the Chinese economy, and from advanced global technology and experience. The development of the Chinese Internet industry has greatly promoted the development of China’s science and technology, economy, politics, society and culture, as well as the enhancement of the social civilization and the well-being of its people. The Chinese government will continue to promote Internet development, and encourage the use of new technology in providing new services and meeting the growing diversified needs of the people.

The Chinese Internet industry is still in a state of rapid expansion, with new situations and new problems emerging constantly. The Chinese government will stick to the basic principle of administering the Internet in accordance with the law, try to follow the nature and law of development of the Internet in the light of the national conditions, and promote the scientific development of the Internet with effective administration so as to contribute to the development of the Internet worldwide.

By Chinese Government’s Official Web Portal

V. Protecting Internet Security

Internet security is a prerequisite for the sound development and effective utilization of the Internet. Internet security problems are pressing nowadays, and this has become a problem of common concern in all countries. China also faces severe Internet security threats. Effectively protecting Internet security is an important part of China’ s Internet administration, and an indispensable requirement for protecting state security and the public interest. The Chinese government believes that the Internet is an important infrastructure facility for the nation. Within Chinese territory the Internet is under the jurisdiction of Chinese sovereignty. The Internet sovereignty of China should be respected and protected. Citizens of the People’s Republic of China and foreign citizens, legal persons and other organizations within Chinese territory have the right and freedom to use the Internet; at the same time, they must obey the laws and regulations of China and conscientiously protect Internet security.

Protecting Internet security in accordance with the law. In order to protect Internet security, related rules are included in laws and regulations, including the Criminal Law of the People’s Republic of China, Decision of the National People’s Congress Standing Committee on Guarding Internet Security, Law of the People’s Republic of China on Punishments in Public Order and Security Administration, Regulations on Telecommunications of the People’s Republic of China, Regulations on the Protection of Computer Information System Security of the People’s Republic of China, Measures on the Administration of Internet Information Services and Measures on the Administration of Security Protection of the International Networking of Computer Information Networks, in order to promote the sound development of China’s Internet, protect state security, social and public interests, and lawful rights and interests of individuals, legal persons and other organizations. Article 6 of the Regulations on Telecommunications of the People’s Republic of China stipulates that "The security of telecommunications networks and information shall be protected by law. No organization or individual may utilize telecommunication networks to engage in activities that jeopardize state security, the public interest or the legitimate rights and interests of other people."

Secure information flow. The free and safe flow of Internet information is integrated as a whole. On the premise of protecting the safe flow of Internet information, the free flow of Internet information may be realized. The Chinese government attaches great importance to protecting the safe flow of Internet information, actively guides people to manage websites in accordance with the law and use the Internet in a wholesome and correct way. The Decision of the National People’s Congress Standing Committee on Guarding Internet Security, Regulations on Telecommunications of the People’s Republic of China and Measures on the Administration of Internet Information Services stipulate that no organization or individual may produce, duplicate, announce or disseminate information having the following contents: being against the cardinal principles set forth in the Constitution; endangering state security, divulging state secrets, subverting state power and jeopardizing national unification; damaging state honor and interests; instigating ethnic hatred or discrimination and jeopardizing ethnic unity; jeopardizing state religious policy, propagating heretical or superstitious ideas; spreading rumors, disrupting social order and stability; disseminating obscenity, pornography, gambling, violence, brutality and terror or abetting crime; humiliating or slandering others, trespassing on the lawful rights and interests of others; and other contents forbidden by laws and administrative regulations. These regulations are the legal basis for the protection of Internet information security within the territory of the People’s Republic of China. All Chinese citizens, foreign citizens, legal persons and other organizations within the territory of China must obey these provisions.

Combating computer crime in accordance with the law. In recent years, computer crimes in China have been on the increase. The tendency of the combination of various traditional crimes and computer crimes has become gradually more obvious. Online fraud, online theft and other forms of crimes which encroach on the property of others are increasing rapidly. Crimes such as producing and spreading computer viruses, and computer and network hacking are increasing. Criminal activities such as disseminating obscenity, pornography and gambling are still pressing problems. Public security departments dealt with 142 computer crime cases in 1998, 29,000 in 2007, 35,000 in 2008 and 48,000 in 2009. In order to effectively combat computer crimes, the Chinese laws stipulate that criminal activities conducted by making use of the Internet or against the Internet shall be investigated and dealt with in accordance with the Criminal Law of the People’s Republic of China; if such activities are not serious enough to constitute crimes, administrative punishment shall be meted out in accordance with the Law of the People’s Republic of China on Punishments in Public Order and Security Administration and Measures on the Administration of Security Protection of the International Networking of Computer Information Networks.

Opposing all forms of computer hacking. Like other countries, China faces a severe challenge of online criminal activities such as computer hacking and viruses. China is one of the countries suffering most from hacking. According to incomplete statistics, more than one million IP addresses in China were controlled from overseas in 2009, 42,000 websites were distorted by hackers, 18 million Chinese computers are infected by the Conficker virus every month, about 30% of the computers infected globally. Chinese laws prohibit all forms of hacking. The Decision of the National People’s Congress Standing Committee on Guarding Internet Security stipulates that acts deconstructing Internet security which constitute crimes, such as "intentionally inventing and spreading destructive programs such as computer viruses to attack the computer system and the communications network, thus damaging the computer system and the communications network," shall be investigated for criminal liability in accordance with the relevant provisions in the Criminal Law. Articles 285 and 286 of the Criminal Law of the People’s Republic of China contain concrete provisions on the criminal punishment of illegal activities such as illegally obtaining data stored in or handled or transmitted by the computer information system, or providing destructive programs or tools for invasion and illegal control of computer information systems.

National situations and cultural traditions differ among countries, and so concern about Internet security also differs. Concerns about Internet security of different countries should be fully respected. We should seek common ground and reserve differences, promote development through exchanges, and jointly protect international Internet security.

By Chinese Government’s Official Web Portal

IV. Basic Principles and Practices of Internet Administration

China adheres to scientific and effective Internet administration by law, strives to improve an Internet administration system combining laws and regulations, administrative supervision, self-regulation, technical protection, public supervision and social education. The basic goals of China’s Internet administration are to promote general and hassle-free Internet accessibility, and sustainable and healthy development, guarantee citizens’ freedom of speech online, regulate the order of Internet information transmission, promote the positive and effective application of the Internet, create a market environment for fair competition, guarantee the citizens’ rights and interests vested in the Constitution and law, and guarantee safety for Internet information and state security.

China regulates the Internet by law. Since 1994 China has enacted a series of laws and regulations concerning Internet administration, including the Decision of the National People’s Congress Standing Committee on Guarding Internet Security, Law of the People’s Republic of China on Electronic Signatures, Regulations on Telecommunications of the People’s Republic of China, Measures on the Administration of Internet Information Services, Regulations on the Protection of Computer Information System Security of the People’s Republic of China, Regulations on the Protection of the Right to Online Dissemination of Information, Provisions on the Administration of Foreign-funded Telecommunications Enterprises, Measures on the Administration of Security Protection of the International Networking of Computer Information Networks, Provisions on the Administration of Internet News Information Services, and Provisions on the Administration of Electronic Bulletin Services via the Internet, among others. Relevant provisions of the Criminal Law of the People’s Republic of China, General Principles of the Civil Law of the People’s Republic of China, Copyright Law of the People’s Republic of China, Law of the People’s Republic of China on the Protection of Minors, Law of the People’s Republic of China on Punishments in Public Order and Security Administration and other laws are applicable in the case of Internet administration.

China adheres to rational and scientific law-making, and reserves space for Internet development. Relevant laws and regulations pertaining to basic Internet resource management, information transmission regulation, information security guarantee and other key aspects define the responsibilities and obligations of basic telecommunication business operators, Internet access service providers, Internet information service providers, government administrative organs, Internet users and other related bodies. The citizens’ freedom and privacy of correspondence is protected by law, which stipulates at the same time that while exercising such freedom and rights, citizens are not allowed to infringe upon state, social and collective interests or the legitimate freedom and rights of other citizens. No organization or individual may utilize telecommunication networks to engage in activities that jeopardize state security, the public interest or the legitimate rights and interests of other people.

The Chinese government plays the leading role in Internet administration. Relevant government bodies, according to their statutory duties, safeguard Chinese citizens’ rights and interests, public interests and state security by law. The state telecommunications administration department is responsible for the administration of the Internet industry, including the administration of basic resources of the Internet such as domain names, IP addresses within China. Abiding by the Measures on the Administration of Internet Information Services, the state practices a licensing system for commercial Internet information services and a registration system for non-commercial Internet information services. According to the Measures, state press, publication, education, health and other administrative departments practice licensing systems for "Internet information services concerning press, publication, education, medical care, medicines and medical instruments." Public security organs and other state law-enforcement agencies bear the responsibility for Internet security supervision and administration, and investigate and punish all types of network crimes.

The state proactively promotes industry self-regulation and public supervision. The Internet Society of China (ISC) was founded in May 2001. It is a national organization of the Internet industry with a remit for serving the development of that industry, netizens and the decisions of the government. The ISC has issued a series of self-disciplinary regulations, including the Public Pledge of Self-regulation and Professional Ethics for the China Internet Industry, Provisions of Self-regulation on Not Spreading Pornographic and Other Harmful Information for Internet Websites, Public Pledge of Self-regulation on Anti-malicious Software, Public Pledge of Self-regulation on Blog Service, Public Pledge of Self-regulation on Anti-Internet Virus, Declaration of Self-regulation on Copyright Protection of China’s Internet Industry, and other regulations, which greatly promote the healthy development of the Internet. The ISC makes unremitting efforts to counter spam, reducing the global spam percentage of Chinese e-mails from 23% in 2002 to 4.1% in 2009. In order to strengthen public supervision of Internet services, the state has established the China Internet Illegal Information Reporting Center (CIIRC), Network Crimes Reporting Website, 12321 Harmful and Spam Internet Information Reporting and Reception Center, 12390 Pornography Crackdown and Press and Publication Copyright Joint Reporting Center and other public reporting and reception organizations since 2004. The Society issued the Measures for Encouraging the Reporting of Pornographic and Vulgar Information on the Internet and Mobile Media in January 2010. The Chinese government will further support the work of Internet industry self-disciplinary organizations, provide services to facilitate the organizations’ roles and protect the public’s legitimate rights to online reporting of illegal information and acts.

China advocates the rational use of technology to curb dissemination of illegal information online. Based on the characteristics of the Internet and considering the actual requirements of effective administering of the Internet, it advocates the exertion of technical means, in line with relevant laws and regulations and with reference to common international practices, to prevent and curb the harmful effects of illegal information on state security, public interests and minors. The Decision of the National People’s Congress Standing Committee on Guarding Internet Security, Regulations on Telecommunications of the People’s Republic of China, Measures on the Administration of Internet Information Services, Measures on the Administration of Security Protection of the International Networking of Computer Information Networks, and other laws and regulations clearly prohibit the spread of information that contains contents subverting state power, undermining national unity, infringing upon national honor and interests, inciting ethnic hatred and secession, advocating heresy, pornography, violence, terror and other information that infringes upon the legitimate rights and interests of others. According to these regulations, basic telecommunication business operators and Internet information service providers shall establish Internet security management systems and utilize technical measures to prevent the transmission of all types of illegal information.

The state advocates strengthening Internet legal and ethical education. The level of legal and ethical education of the whole society is closely connected with the construction of the Internet environment. It supports the work of Internet legal and ethical education, encourages the active participation by various media and social organizations, and proactively pushes forward the inclusion of Internet legal and ethical education in the curriculums of primary and middle schools. It attaches great importance to youth and women’s organizations in their roles of elevating national network morals, and encourages relevant organizations to carry out activities for the public good to spread Internet knowledge and promote the correct use of the Internet.

The state guarantees online safety for minors. Minors have become China’s biggest online group. By the end of 2009, a third of the country’s 384 million Internet users were minors. The Internet is playing an increasingly important role in the development of minors. Meanwhile, online pornographic, illegal and harmful information is seriously damaging the physical and psychological health of young people, and this has become recognized as a prominent issue of public concern. The Chinese government attaches great importance to online safety for minors, and has always prioritized the protection of minors in the overall work of Internet information security programs. The Law of the People’s Republic of China on the Protection of Minors stipulates that the state shall take measures to prevent minors from overindulging in the Internet; prohibit any organization or individual from producing, selling, renting or providing by other means electronic publications and Internet information containing pornography, violence, murder, terror, gambling or other contents harmful to minors. The state encourages research and development of Internet tools that are conducive to the online protection of minors, as well as Internet products and services suitable for minors. Families, schools and all other social units shall work together to protect minors online and create a healthy online environment for the development of minors. The Chinese government will actively push forward the "Mothers’ Education Program" to help parents guide their children in using the Internet correctly.

The state proactively protects digital intellectual property. Since 2000 China has revised the Copyright Law of the People’s Republic of China, promulgated the Measures for the Administrative Protection of Internet Copyright and offered relevant judicial interpretations for the trial of cases involving computer and network copyrights disputes, thus providing a legal basis for digital intellectual property protection. The state copyright administrative department is in charge of the investigation and punishment of Internet copyright infringement and pirating activities. To combat repeated copyright infringement, group infringement and large-scale pirating activities, relevant government organs have taken a series of administrative actions. China will continue to explore intellectual property protection work in the Internet environment, and strive to realize a balance between public interest protection and the promotion of innovation.

The state protects citizens’ online privacy. The protection of online privacy is closely connected with the people’s sense of security and confidence in the Internet. The Chinese government proactively promotes the improvement of relevant legislation and Internet corporate service regulations, in order to steadily enhance online privacy protection systems. The Decision of the National People’s Congress Standing Committee on Guarding Internet Security stipulates that illegal interception, tampering with or deletion of others’ e-mails or other data and infringement upon citizens’ freedom and privacy of correspondence that constitutes a crime shall be investigated for criminal liability. According to the self-disciplinary public pledges of the Internet industry, Internet service providers are responsible for protecting users’ privacy. The providers shall announce their relevant privacy protection commitment when providing services, provide reporting and reception channels for privacy infringement and take effective measures to protect users’ privacy.

The Chinese government actively explores channels and methods of scientific and effective Internet administration by law, and has formed a preliminary Internet administration model that is suitable for China’s conditions and consistent with international practices. Internet administration is a process of continuous practice, and the Chinese government is determined to further improve its Internet administration work.