China passes first anti-terror law
CHINA’S legislature yesterday passed its first anti-terrorism law that requires technology firms to hand over sensitive information such as encryption keys to the government and allows the military to venture overseas on counter-terror operations.
Officials said the country faces a growing threat from militants and separatists, especially in the Xinjiang Uygur Autonomous Region, where hundreds have died in terror violence in the past few years.
The National People’s Congress said its standing committee adopted the legislation. It will go into effect on Friday.
Speaking after the law was passed, Li Shouwei, deputy head of the legislature’s criminal law division under the legislative affairs committee, said China was simply doing what other Western nations already do in asking technology firms to help fight terror.
“This rule accords with the actual work need of fighting terrorism and is basically the same as what other major countries in the world do,” he told reporters.
This will not affect the normal operation of tech companies and they have nothing to fear in terms of having “backdoors” installed or losing intellectual property rights, he said.
China has studied US and European Union laws in drafting its own counterterrorism bill requiring tech firms to assist security authorities to prevent and investigate terrorism, Li said.
The law has attracted deep concern in Western capitals, not only because of worries it could restrict freedom of speech, but because of the cyber provisions. Li admitted that a number of countries and enterprises had voiced concerns about certain provisions in the law.
He pointed to Article 18, which requires telecom operators and Internet service providers (ISPs) to provide technical support and assistance, including decryption, to police and national security authorities in prevention and investigation of terrorist activities.
“The clause reflects lessons China has learned from other countries and is a result of wide solicitation of public opinion,” he said.
“(It) will not affect companies’ normal business or install backdoors to infringe intellectual property rights, or ... citizens freedom of speech on the Internet and their religious freedom,” Li said.
The law also stipulates that telecom operators and ISPs should prevent dissemination of information on terrorism and extremism.
On fining such data, transmission should be immediately terminated and records should be saved. The information should be deleted and reported to public security organs.
Telecom administrators must also take measures to stop the transnational transmission of extremist information, Li said.
Firms that fail to comply with the duties stipulated in Articles 18 and 19 could face a fine of more than 500,000 yuan (US$77,000), depending on the case. In serious circumstances, the persons responsible could be detained for up to 15 days.
The anti-terrorism law also permits the People’s Liberation Army to get involved in anti-terrorism operations overseas.
It says the PLA and armed police are allowed to carry out counterterror missions overseas with the approval from the Central Military Commission.
Public security and national security authorities may also send personnel overseas for counter-terrorism missions.
The law also states that related departments can collaborate with overseas governments and international organizations in holding policy talks, communicating on intelligence information, and regulating international capitals.
The couter-terrorism law proposed a national leading organ for counter-terrorism work, which will be in charge of identifying terrorist activities and personnel, and coordinate nationwide anti-terrorist work.
The new law comes at a delicate time for China and for the world at large.
The attacks in Paris, the bombing of a Russian passenger jet over Egypt, and the killings of hostages by the Islamic State group are alerting the world about an ever-growing threat of terrorism.
China’s new law will provide legal support to its counter-terrorism activities as well as collaboration with the international society, An Weixing, head of the Public Security Ministry’s counter-terrorism division, told a press conference yesterday.
China faces a serious threat from terrorists, especially “East Turkestan” forces, he said, using the general term for Islamists. “Terrorism is the enemy of mankind, and the Chinese government,” An said.
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