Safeguard Information Network Security According to Law

The 21st century is an information age. Information networks are closely linked with the real world. The issue of cybersecurity is no longer a purely technical issue but a real social issue.

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At present, China’s information network security is facing severe challenges and is prominently manifested in three aspects:

First, Western countries engage in cyber psychological warfare to undermine China's political and social stability. The mass transfer of information and the free interaction of culture make the cyberspace an imaginary battlefield where there is no defense zone and it is at all times hedged. The hostile forces in the West have drilled the loopholes in China’s cyber laws and regulations, used cyberspace to conduct public opinion attacks on China, imposed political pressure, and vilified China’s international image. The purpose was to intensify China’s “social contradictions” through online public opinion and trigger social instability. In this regard, we should be highly vigilant and actively guard against it.

Second, the information network of China's important departments has been intensively attacked by spy agencies. Now, computer viruses, cyber attacks, etc. have evolved from the individual behavior of hackers into organized gangs, group actions, and cyber spying in certain countries. According to statistics, there are currently tens of thousands of Trojan horse control terminals and thousands of botnet control servers facing China. The overseas spy agency has adopted "wolf tactics," "leaping leapfrog attacks," "swimming attacks," and "site fishing." In other countries such as the implementation of network piracy and intelligence penetration in China, national security has never been so closely related to the Internet as it is now.

Third, the criminal activities and violations of information networks have become increasingly rampant. Internet criminal activities such as money laundering, online fraud, and pornographic gambling have spread all over the world. Smart mobile mobile networks have even made criminals even more powerful. An underground black industrial chain is being formed. The online society is replicating and continuously refurbishing the criminal forms of the real society. At present, China's "Criminal Law" has been unable to cover the type of cybercrime that occurs in reality. At the same time, cyber torts such as "human flesh search", "network violence", "network rumors", and "plagiarism of cyber plagiarism" are becoming more and more serious. However, it is very difficult to seek legal protection and judicial relief through online rights protection.

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With the popularization and development of information networks, people are increasingly aware that although information networks are a product of the development of information technologies, the protection of information network security requires not only advanced technologies, but also legal and moral support. Strengthening the management of information network security calls for the construction of the rule of law, building the network according to law, using the network according to law, and managing the network according to law are urgent requirements for ensuring network security.

The first is the urgent requirement for safeguarding national network sovereignty. Some western countries have cyber military presence and cleverly declared their cyber sovereignty to the world; or relying on their information technology advantages, they vigorously rendered and promoted the “National Sovereignty Obsolescence” in the information network in an attempt to achieve cyber hegemony. However, due to the ambiguous awareness of cyber sovereignty in China, foreign countries often interfere with the network management of their own government, while the domestic Internet users do not understand the phenomenon of government management. Therefore, the exercise of sovereign jurisdiction over the network in accordance with the law and the maintenance of national sovereignty in cyberspace require the strengthening of cyber rule of law.

The second is the urgent requirement for maintaining the cyber security order. The information network is by no means a pure land. Like real society, there is truth, goodness, and beauty, as well as false, evil, and ugliness. It is a digital paradise for netizens and “machine users (mobile phone users)”, and it is also a terrorist and illegal. Criminals have a safe haven. Therefore, it is urgently necessary to speed up the construction of a network of laws by standardizing network order according to law, reconstructing the relationship between rights and obligations in cyberspace, and creating a good network environment.

The third is the urgent need to respond to the sudden crisis in the network. Information networks have instant aggregation that is not verified and filtered over time, and can easily cause potential tensions to quickly turn into sudden conflicts, create crises, and quickly “globalize” local problems, “complex” simple problems, and The problem is "politicized" and the general problem is "hot spot." Therefore, in accordance with the laws and regulations of network behavior and management measures to ensure the information initiative to respond to the network crisis, we must strengthen the construction of the Internet legal system.

The fourth is to prevent the urgent need to resolve network disputes. The number of network dispute cases in China is increasing day by day, and it is increasingly internationalized and politicized. For example, the unfair competition between Tencent and the “360” in 2010 and the “search engine” dispute of Google Inc. in the United States have seriously threatened China’s information. Safety. Therefore, we must strengthen the construction of cyber rule of law if we want to make network entities well-documented and the judiciary has an appropriate degree of protection to effectively prevent and resolve various network disputes.

The fifth is to strengthen the urgent requirements for network supervision and governance. It is influenced by the views of certain western countries that "cyber supervision is detrimental to freedom of speech" and "strict supervision will weaken and obliterate technological innovation". China's thinking on network supervision is not uniform and there are differences in understanding. Pursuit of freedom, equality and sharing are the ideal goals of the network. Maintaining order, fairness and security are the realistic requirements of the network. To balance the relationship between the two, it is necessary to strengthen the construction of cyber rule of law and implement government-appropriate and appropriate network legal supervision and control according to law.

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The construction of the rule of law in China's information network started in the 1980s. After nearly 30 years of development, a network of laws and regulations was initially formed. However, on the whole, China’s network law construction level is still not high, and there is a large gap in the line of defense of the rule of law. The main problems are: First, the concept of the Internet rule of law lags behind, and no legal principles are applied to the new network society. Network laws are still used or Applying the legal logic of the physical world cannot be justified in many places, and its implementation is poor. Second, the study of cyber jurisprudence is weak. It does not clarify the qualitative impact of network characteristics on traditional laws, and it fails to find a bridge for building a legal system from the real society to the cyber society; Lack of overall planning, emergency, trailing, and localized legislative phenomena are common. There are many departmental regulations, low legal levels, weak effectiveness, poor operability, and conflict between departmental regulations. Fourth, network supervision to prevent regulations. Mainly focused on lighter and weaker oversight and approval, with multiple government and multi-headed management, it is difficult to form a fist, ignoring the participation of all parties in the society, and the lack of network electronic governance measures; Fifth, the lack of network legal resources, the lack of legal recognition of online new-born rights, and the application of laws Difficulties, emphasizing the responsibilities and obligations of network service providers and users There are many regulations, and the protection of network rights is weak. Sixthly, the cyber society has not yet established a rule of law and ethics that stresses honesty. It is difficult for the law enforcement and evidence collection on the Internet to solve issues such as lies and ostracism. It is impossible to handle the information, and the legality and morality of the information network. The specification is missing.

The organic combination of "good law" and "good governance" is the spirit and essence of modern rule of law. In accelerating the process of building China’s cyber law, we need to focus on the following aspects:

First, actively advocate the existence of network sovereignty, establish and improve the system framework of the network legal system. It is necessary to scientifically define China’s network jurisdiction, establish and strengthen cyber-defense awareness and concepts, and safeguard the boundaries of cyberspace; effectively strengthen cyber law research, formulate the “Information Network Security Law” as soon as possible, determine the overall framework of cyber legality, and scientifically plan the legal system of the Internet society in China. Construction; timely development of waste laws and regulations for network laws and regulations, solving the problems of conflicting and lagging network laws and regulations, and strengthening the legislation of cyber security technologies, and appropriately raising technical standards and technical specifications to legal norms; The Criminal Law added a special section on “crimes that destroy the security of the information network” and changed the legislative model that responded to cybersecurity by adding individual provisions.

Second, strengthen the law enforcement and law enforcement, and form a complete cybersecurity legal system. First, crack down on the rectification of illegal cyber criminal activities, study the normalization, institutionalization, and legalization of the crackdown mechanism, resolutely curb the spread of cyber criminal activities, and second, strengthen the monitoring and enforcement of online information content, and consider online information. Divide it into illegal, harmful, and sensitive content, conduct classified management and disposal, establish network information “deleting notifications” and “delete exemption” mechanisms, etc.; third, improve the network security responsibility system and strengthen the construction of a network security operation model. Operators must Strict security review of access websites, prevention of network service providers and illegal websites forming an interest chain, and emphasis on the protection of personal privacy rights in network communications, etc. Fourth, key technologies for advancing network real-name systems in accordance with the law and accelerating the research and development of Internet real-name systems, establishing a real name "Registration, Internet access," the electronic identity authentication technology and credible security verification service management system.

Third, we must strengthen the construction of a network security culture and work hard to raise the awareness of the entire society on the Internet. We must make full use of the advantages of the Internet, carry out popular education, popularize cybersecurity legal knowledge and safety prevention skills, organize online legal consultations, legal aid and other activities; improve the mechanism of the Internet convention, give play to the role of self-discipline in public organizations, and make government supervision and industry self-discipline, Combine public supervision, improve the self-discipline of the Internet, and give play to the role of the soft rule of the Internet in law; strengthen the study of the online moral education system, focus on the promotion of individual moral consciousness, and build a new moral system for the network society, so that the network security culture advocates safety Philosophy and integrity are deeply rooted in people's minds.

Fourth, we must take an overall consideration from a strategic perspective and promote the international cooperation in the construction of cyberlaws. Actively increase China’s discourse power over the legal system in the field of international Internet security, take a high-level consideration from the national security strategy, actively promote the establishment of an international legal system that guarantees network security, and actively call for the international community to jointly resolve the issue of the right to independent networks and advocate and support the Internet’s root domain name. The analytical system is managed by a neutral international organization recognized by various countries. It is clear that all countries have equal rights and obligations for the operation of the management rights; the key to promoting international legal and law enforcement cooperation in the network is to promote the international community’s legal definition of cyber security and cybercrime. A consensus has been reached on the "identification standards" and the application of the principle of jurisdiction, and the reduction of law enforcement conflicts and frictions among countries in the world in the fight against cybercrime.

Fifth, be wary of the “double standards” and “two words and deeds” that certain countries have adopted in maintaining cybersecurity. On the one hand, they boast about the democracy, human rights, and freedom of the Internet in other countries; on the other hand, they continuously monitor and strengthen their own network communications. We must be good at uniting international organizations and national forces to boycott the words and deeds of certain countries to ensure that the rule of law on the Internet goes forward on an equal, fair, scientific, rational and healthy track.