□ Rule of Law Daily All-media reporter Xu Qiang and Liu Xin
Thirty years is a long time to grow a toddler into a robust youth; Thirty years is also a short time, and it is only a fleeting moment in the long river of history.
Over the past 30 years, China's Internet has grown from scratch, from small to large, and from large to strong. At present, China has the largest number of netizens in the world, and the scale of the digital economy has ranked second in the world for many years, with more than 150 pieces of legislation related to the Internet field......
Over the past 30 years, China has become a cyber power that has attracted worldwide attention, and is making great strides towards becoming a cyber power.
Over the past 30 years, with the development of the Internet, China's online rule of law has also been forging ahead. Especially since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at the core has attached great importance to the construction of the rule of law on the Internet, and has made a series of major deployments.
On June 18, the Cyberspace Administration of China released "Thirty Years of China's Internet Rule of Law", a panoramic report that comprehensively reviews the development process, concepts and principles, experience and practical results of the construction of the Internet rule of law in mainland China over the past 30 years, scientifically looks forward to the beautiful vision of the Internet rule of law, and contributes China's rule of law wisdom and rule of law solutions to the global Internet development and governance.
In the past 30 years, the mainland has embarked on the road of governing the Internet according to law with Chinese characteristics, and has made historic achievements in the construction of the rule of law on the Internet.
1994-1999 Curtain opened
The law is the end of the rule.
On April 20, 1994, a 64K international dedicated line was opened, realizing the full-featured connection between the mainland and the Internet, and opening the era of China's Internet.
In the same year, the State Council promulgated and implemented the Regulations of the People's Republic of China on the Security Protection of Computer Information Systems, marking the beginning of the legalization, standardization, and modernization of the security protection of computer information systems on the mainland, and opening the curtain on the construction of the rule of law on the Internet in China.
The picture shows that in 1996, on the streets of Zhongguancun in Beijing, a billboard of China's first Internet company "Yinghaiwei" was erected. (Source Network)
"How far are the Chinese from the information superhighway? 1,500 meters to the north". In 1996, people walking on Baiyi Road in Beijing's Zhongguancun were surprised to find a huge billboard with strong contrasting colors erected on the corner of the street, pointing to the Internet Science and Education Center of China's first Internet company, "Yinghaiwei". Many people use it as a road signpost, and many people follow the directions to find the information superhighway. This scene has become a classic memory in the history of China's Internet development.
In the mid-to-late 90s of the 20th century, Internet companies such as NetEase, Sohu, Tencent, and Sina were established one after another. At the same time, official news portals such as Guangming.com, Capital Window, and Shanghai Hotline, as well as Shuimu Tsinghua, Maopu, Xici Hutong, Tianya Community, and Powerhouse Forum, were established and developed rapidly, and China's Internet services gradually emerged.
The picture shows that on August 6, 1998, the high-tech products expo was held at the Beijing Exhibition Center. (Visual China)
With the steady increase in the number of Internet users and devices, some network problems have gradually emerged. At that time, a large number of online intellectual property dispute cases had already appeared in mainland judicial practice, and network-related violations and crimes appeared and showed an increasing trend. According to the data, in 1994, the largest single case of computer crime on the mainland caused losses of 14 million yuan. In 1998, the mainland's public security organs accepted more than 100 cases of information network crimes, and in 1999 the number increased to more than 400.
It is imperative to strengthen governance in the cyber domain. The period from 1994 to 1999 was the stage of access to the Internet, and it was also the initial stage of the construction of the rule of law on the Internet in the mainland, when the network legal system began to be established, network law enforcement and judicial activities were gradually carried out, and online rule of law publicity, education, and legal research gradually emerged.
Network infrastructure is the cornerstone of Internet development, and the security of infrastructure determines whether the interconnection of Internet facilities can be smoothly realized. At that time, the mainland's cyber legislation mainly focused on the security protection of network infrastructure and the management of network information content.
On June 3, 1996, the China Internet Network Information Center (CNNIC) was established. (Source Network)
For example, in 1996, the State Council promulgated the Interim Regulations of the People's Republic of China on the Administration of International Networking of Computer Information Networks, which clarified the definitions of international networking, interconnection and access networks of computer information networks, and stipulated the management and access systems of international networking. In 1997, the Fifth Session of the Eighth National People's Congress amended the Criminal Law of the People's Republic of China to add "illegal intrusion into computer information systems" and "sabotage of computer information systems", filling the legislative gap in the mainland's computer crimes. At the end of 1997, the Ministry of Public Security promulgated the Measures for the Security Protection of the International Networking of Computer Information Networks, approved by the State Council, which clarified the principles and requirements for the security protection of the international networking of computer information networks, and stipulated the responsibility for security protection, security supervision, and legal responsibility for the international networking of computer information networks.
During this period, online law enforcement and online judicial activities were gradually carried out on key issues related to the Internet, such as the protection of online intellectual property rights and online violations and crimes. Public security organs and other relevant departments are to investigate and deal with illegal acts such as attacks on network infrastructure, theft of secrets, and use of the network to carry out illegal acts such as "making and selling pornography", and vigorously maintain network security and social order; The administrative departments for copyright and the administrative departments for industry and commerce investigate and deal with acts of computer software piracy in accordance with the law, so as to create a good environment for the development of scientific and technological undertakings and the technology market; Courts and procuratorates are actively exploring the construction of judicial informatization.
The law is at the top, and the teaching is spread at the bottom. While the construction of the socialist rule of law has been accelerated, activities related to online rule of law publicity and education have also been gradually carried out during this period. Since the construction of the legal system in the online field was still in the exploratory period at that time, the main content of online legal publicity and education was to popularize comprehensive laws and regulations. The provisions of the Criminal Law, the Copyright Law, the Patent Law, the Anti-Unfair Competition Law and other laws related to computer crimes and the protection of intellectual property rights of computer software have gradually been understood and concerned by the public.
2000-2011 Leap forward
If the law changes with the times, it will be governed, and if it is appropriate to govern with the world, it will be meritorious.
In the 21 st century, the mainland has taken its accession to the World Trade Organization (WTO) as an opportunity to actively integrate itself into the tide of economic globalization and promote the process of building a moderately prosperous society in an all-round way.
Around 2000, the once popular "BB machine" and "big brother" gradually withdrew from the stage of history, straight mobile phones, slide mobile phones, flip mobile phones began to become popular, and by 2011, smart phones have been initially popularized. During this period, mobile communication has changed from "2G follow-up" to "3G breakthrough", and 4G networks are also actively deployed; QQ, Feixin, WeChat, etc. have gradually become the main tools for daily communication among the public; Taobao, Jingdong and other e-commerce platforms have developed and expanded; For the first time, the number of Chinese Internet users surpassed that of the United States, jumping to the first place in the world......
In 2002, when the Regulations on the Administration of Business Premises for Internet Access Services came into force, the counter of an Internet café in Shanghai read, "Please register your identity before surfing the Internet." (Visual China)
With the increasing improvement of the Internet infrastructure in the mainland, the acceleration of innovation in Internet technology, the rapid growth of the Internet industry, and the rapid development of Internet applications, new requirements have been put forward for the construction of the rule of law on the Internet.
While the development of the Internet has entered the fast lane, from 2000 to 2011, the construction of the rule of law on the Internet in the mainland has been accelerated, the legislation on the Internet has shifted to focus on the management of network services and content, the legal system in the areas of network security, Internet information service management, and the protection of online civil rights has been further improved, the network law enforcement mechanism has been continuously innovated, the judicial protection of online rights and interests has been continuously strengthened, the publicity and education on the Internet rule of law and the research on the Internet rule of law have been carried out in depth, and international exchanges and cooperation in the field of the Internet rule of law have been actively promoted.
In September 2000, the State Council promulgated the Telecommunications Regulations of the People's Republic of China, which stipulate the security and information security of telecommunications networks, the protection of telecommunications facilities, the freedom of communication of users and the protection of communication secrets. In the same month, the State Council promulgated the Measures for the Administration of Internet Information Services, which clearly implemented a licensing system for commercial Internet information services and a filing system for non-commercial Internet information services, and stipulated the information security obligations of Internet information service providers.
In December of the same year, the 19th Session of the Standing Committee of the Ninth National People's Congress adopted the Decision of the Standing Committee of the National People's Congress on Safeguarding Internet Security, which clarified the relevant provisions on ensuring the operational security and information security of the Internet, and established a "three-in-one" network security responsibility system framework of criminal, administrative and civil liability.
In the early morning of June 16, 2002, an arson fire broke out in the courtyard of No. 20 Xueyuan Road, Haidian District, Beijing, killing 25 people and injuring 12 others of varying severity. According to the police investigation, the four arsonists, all minors, retaliated for a dispute with an Internet café attendant. At that time, this incident aroused widespread discussion in the educational, legal, and information industry circles, and was known as the "Blue Speed Internet Cafe Arson Case."
In those years, the phenomenon of illegal operation of Internet cafes in some localities was prominent, and in particular, black Internet cafes had become a public nuisance. Shortly thereafter, the former Ministry of Culture, the Ministry of Public Security, and other departments launched a nationwide campaign to govern Internet cafes and other Internet access service business premises. In September 2002, the State Council promulgated the Regulations on the Administration of Internet Access Service Business Premises, which clarified the requirements and legal liabilities for the establishment, operation and operation of Internet access service business premises. At the same time, the Regulations specify that business units operating Internet access service business premises shall not accept minors into their business premises.
The picture shows a sign prohibiting minors from entering an Internet café in Fuzhou City in 2006. (Source Network)
During this period, the development of the Internet has brought many new situations and new problems to the protection of minors, among which teenagers are addicted to the Internet and cannot extricate themselves. The community called for legislation to respond.
In December 2006, the 25th Session of the Standing Committee of the 10th National People's Congress amended and passed the Law of the People's Republic of China on the Protection of Minors, clarifying that parents or other guardians should prevent and stop minors' addiction to the Internet and other behaviors in response to the prominent problem of minors' addiction to online games. Propose that the state take measures to prevent minors from becoming addicted to the Internet, encourage research and development of online products that are conducive to the healthy growth of minors, and promote new technologies used to stop minors from becoming addicted to the Internet; It is stipulated that Internet access service business premises must not be set up in the vicinity of primary and secondary school campuses.
During this period, new types of Internet-related infringements occurred frequently, which became a "cancer" affecting the healthy development of the Internet.
In order to clarify the responsibilities of network service providers and infringers, the Tort Liability Law of the People's Republic of China promulgated in 2009 provides for online infringement in the form of "Internet Articles", clarifying the liability of network users and network service providers for using the network to infringe on the civil rights and interests of others, and if the network service provider fails to take necessary measures in accordance with the regulations, it shall bear joint and several liability with the network user.
Competition in the Internet information service market is also of concern. On November 3, 2010, Tencent announced that it would stop running QQ software on computers with 360 software, and users had to uninstall 360 software before they could log in to QQ. From 2010 to 2014, for the sake of their own interests, the two companies staged a series of Internet battles and embarked on the road of litigation, which became a typical case of anti-unfair competition on the Internet.
In December 2011, the Ministry of Industry and Information Technology promulgated the Several Provisions on Regulating the Order of the Internet Information Service Market, which prohibits acts that infringe upon the legitimate rights and interests of Internet information service providers, such as malicious interference and malicious incompatibility, as well as acts that infringe upon the legitimate rights and interests of users, such as restricting users to "choose one from either", modifying configurations without authorization, and interfering with users' choices.
The picture shows that on August 16, 2008, in a genuine software store, customers were buying domestic genuine antivirus software. (Visual China)
During this period, the mainland gradually expanded the field of online law enforcement, focusing on key areas such as online audio and video, and strengthening the protection of online intellectual property rights. Regulate and manage minors' online venues and game markets, and protect minors' online rights and interests. Continue to rectify illegal activities such as online malicious programs, online obscenity and pornography, spam and spam text messages, online contraband trading, and illegal online advertising, maintain the security of network operations, and regulate the order of online communication and market order.
In order to respond to the increase in cybercriminal activities, judicial organs have issued judicial interpretations on the application of law in cases such as the dissemination of obscene electronic information, online gambling, and online fraud, and explored the formulation of judicial rules in the field of cybercrime.
In addition, online legal publicity and education have been innovatively carried out. Through the establishment of special websites for popular legal education, gradually explore the use of internet platforms to carry out publicity and education on the rule of law, continuously enriching the content of publicity and education, and continuously strengthening the force of publicity on laws and regulations related to the Internet.
2012-Now Ding Cheng
Since the 18th National Congress of the Communist Party of China, socialism with Chinese characteristics has entered a new era, and the construction of China's online rule of law has also entered a stage of high-quality development.
Personalized recommendation of short videos, intelligent face recognition, intelligent networked vehicles...... Emerging technologies such as big data, cloud computing, the Internet of Things, blockchain, 5G, and artificial intelligence are driving the Internet to increasingly penetrate and integrate with traditional industries, and various new industries and new forms of business relying on mobile devices are emerging. The rapid development of the Internet is becoming more and more profound, changing people's production and life.
The law is the most important tool for governing the country, and good law is the prerequisite for good governance. How to ensure the healthy development of new business forms and models with good laws and good governance has become a proposition of the times in front of China's online rule of law construction in the new era.
On February 27, 2014, General Secretary Xi Jinping delivered an important speech at the first meeting of the Central Leading Group for Cyber Security and Informatization, clearly proposing to start from the international and domestic trends, make overall layout, coordinate all parties, innovate and develop, and strive to build the mainland into a cyber power.
In August of the same year, the State Council issued the Notice of the State Council on Authorizing the Cyberspace Administration of China to be Responsible for the Management of Internet Information Content, authorizing the re-established Cyberspace Administration of China to be responsible for the management of Internet information content nationwide, and to be responsible for supervision, management, and law enforcement.
In October of the same year, the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China adopted the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing the Rule of Law, which clearly stated that "strengthen legislation in the field of the Internet, improve laws and regulations on network information services, network security protection, network society management, etc., and regulate online behavior in accordance with the law".
……
Since 2012, China's cyber legislation has gradually tended to comprehensively cover comprehensive network information services, informatization development, network security protection, etc., and has entered a stage of high-quality development in the new era.
On June 1, 2017, the Cybersecurity Law of the People's Republic of China came into effect, implementing the network real-name system, and establishing institutional measures to maintain the security of network products and services, network operation security, and critical information infrastructure security to ensure network and information security.
On January 1, 2019, the E-Commerce Law of the People's Republic of China came into effect, comprehensively regulating e-commerce business practices, clarifying the responsibilities of e-commerce platform operators and operators within the platform, maintaining fair market competition order, and strengthening the protection of consumer rights and interests and intellectual property rights.
On September 1, 2021, the Data Security Law of the People's Republic of China came into effect, establishing and improving systems for data classification and hierarchical management, risk monitoring, early warning and emergency response, and data security review in response to the risks and hidden dangers existing in data security. At the same time, support the promotion of data security and development, promote the open use of government affairs data, improve the country's capacity to ensure data security, and promote the reasonable and effective use of data in accordance with law.
On November 1 of the same year, the Personal Information Protection Law of the People's Republic of China came into effect, focusing on the concerns of the people, further refining and improving the principles and rules for personal information processing that should be followed in the protection of personal information on the basis of relevant laws, clarifying the boundaries of rights and obligations in personal information processing activities, improving the system and mechanism for personal information protection, and effectively safeguarding citizens' rights and interests in personal information.
On December 1, 2022, the "Anti-Telecom Network Fraud Law of the People's Republic of China" came into effect, comprehensively building a comprehensive governance system for telecommunications, finance, Internet and other industries.
……
At the same time, the mainland continues to promote the extension of traditional legal norms to the cyber field. On May 28, 2020, the Third Session of the 13th National People's Congress passed the Civil Code of the People's Republic of China, which makes special provisions on the protection of civil rights under the new online business format, and makes principled provisions on the protection of data and online virtual property. On August 29, 2015, the 16th Session of the Standing Committee of the 12th National People's Congress passed the "Amendment (IX) to the Criminal Law of the People's Republic of China", adding "the crime of refusing to perform information network security management obligations" and "the crime of illegal use of network information"; On December 26, 2020, the 24th Session of the Standing Committee of the 13th National People's Congress passed the Amendment (11) to the Criminal Law of the People's Republic of China, which clearly defines "dissemination to the public through information networks" as one of the criminal methods of copyright infringement......
On August 18, 2017, China's first Internet court, the Hangzhou Internet Court, was officially launched in Hangzhou, Zhejiang. (Visual China)
The revision and improvement of laws related to the cyber field are also in full swing. For example, the Law on the Protection of Consumer Rights and Interests, the Food Safety Law, the Advertising Law, the Anti-Unfair Competition Law, the Anti-Monopoly Law, etc., have been amended to improve relevant systems and norms for the protection of consumer rights and interests in online transactions, the responsibility for food safety of online platforms, the publication of Internet advertisements, and unfair competition and monopoly in the Internet field.
In order to systematically build a system for the protection of minors online, the "Regulations on the Protection of Minors Online" came into force on January 1, 2024, clarifying the principles and requirements for the protection of minors online, the supervision and management system, the promotion of minors' online literacy, the regulation of online information content, the protection of personal information online, and the prevention and control of online addiction.
While laws and regulations continue to improve, the Cyberspace Administration of China and other relevant departments have also issued regulations and normative documents such as the Provisions on the Administration of Internet News Information Services, the Provisions on the Governance of the Online Information Content Ecosystem, the Provisions on the Management of Internet User Public Account Information Services, the Measures for Cybersecurity Review, and the Interim Measures for the Administration of Generative Artificial Intelligence Services.
The picture shows the scene of the Cyber Security Expo of the National Cyber Security Publicity Week on September 10, 2023. (Visual China)
Up to now, the mainland has formulated and promulgated more than 150 pieces of legislation in the field of cyber, basically forming a cyber legal system with the constitution as the foundation, relying on laws, administrative regulations, departmental rules, local regulations, and local government rules, based on traditional legislation, and with special legislation on the construction and management of network content, network security, and informatization as the backbone, building the "four beams and eight pillars" of the mainland's cyber rule of law, and providing a solid institutional guarantee for the construction of a cyber power.
The life of the law lies in its implementation, and the authority of the law also lies in its implementation. In recent years, the mainland's cyber law enforcement activities have focused on key and emerging areas related to the vital interests of the people, the public interest, and national security, ensuring that cyberspace is regulated and orderly.
A series of special actions such as "Clear and Clear", "Clean Internet", and "Protecting Seedlings" have been further promoted, increasing the force of governance of issues such as online obscenity, pornography, false information, online violence, abuse of algorithms, and minors' addiction to the Internet, which are strongly resented by the public. Normalize the organization and carry out the "sword network" special action to combat online infringement and piracy, continue to rectify outstanding problems such as online sales of counterfeit and shoddy goods, illegal online advertising, and stop monopoly and unfair competition in the field of the platform economy in accordance with law.
Only by knowing the law and understanding the law can we abide by the law and respect the law. While the Internet has entered the homes of ordinary people, the influence of online legal publicity and education is increasing day by day, and the new model of "Internet + law popularization" is constantly expanding. Publicity on themes such as the Constitution Publicity Week, the Civil Code Publicity Month, and the National Cyber Security Publicity Week continued to deepen. Innovative legal popularization activities such as the National Network Law Popularization Campaign, the National Internet Information Law Popularization on Campus, and the National Internet Information Law Popularization Website have been innovatively carried out.
The picture shows the opening of the Wuzhen Summit of the World Internet Conference on November 8, 2023. (Xinhuanet)
On July 12, 2022, the inaugural meeting of the World Internet Conference was held in Beijing. The World Internet Conference is an important measure to conform to the development trend of the information age and deepen international exchanges and cooperation in cyberspace, and is also a testimony of China's contribution of Chinese wisdom and solutions to building a community with a shared future in cyberspace and participating in international governance of cyberspace.
On March 16, 2023, the white paper "China's Cyber Rule of Law Construction in the New Era" was released, which is the first white paper on the construction of online rule of law in mainland China, which comprehensively introduces the construction of China's online rule of law in the new era and shares China's experience and practices in the construction of cyber rule of law.
The ancients said, "Thirty and standing". Standing at the historical starting point of China's 30-year construction of the rule of law on the Internet, we will continue to open up a new situation in the work of the rule of law in the new era, so that the Internet can better benefit the country and the people.
The tide is wide on both sides, and the wind is hanging. On the journey of the Internet like a sea of stars, China's online rule of law construction has been steady and far-reaching, sailing into the future.
Reporter's Notes
"When the Internet entered China, it was not carried in by eight sedan chairs, but from the sheep's intestines." As one of the important promoters of China's access to the Internet, Academician Hu Qiheng, then vice president of the Chinese Academy of Sciences, once used such a sentence to describe the bumpy road of China's Internet development.
And now, we have walked from the sheep intestine path to the information superhighway, out of the broad road, to the world.
Over the past 30 years, the Internet in mainland China has developed by leaps and bounds and has gone through a magnificent course of development. The 30-year history of Internet development is also a process in which the mainland continues to promote the rule of law and the healthy operation of the Internet on the track of the rule of law. In particular, since the 18th National Congress of the Communist Party of China, the mainland has made great efforts to build a complete system of cyber legal norms, an efficient system for the implementation of the cyber rule of law, a strict system for the supervision of the cyber rule of law, and a strong system for ensuring the rule of law on the Internet, and has made historic achievements in the construction of the rule of law on the Internet. Online legislation, online law enforcement, online justice, online rule of law publicity and education, online rule of law research, and international exchanges and cooperation on the rule of law have been promoted in an integrated manner, and a path of law-based governance of the Internet that is not only in line with international practice but also has Chinese characteristics has been developed.
Memorabilia of the 30 years of the establishment of the rule of law on the Internet
On April 20, 1994, China's 64K international dedicated line for access to the Internet was opened, realizing a full-featured connection with the Internet.
On March 14, 1997, the Criminal Law of the People's Republic of China was amended, adding the crimes of illegal intrusion into computer information systems and the crimes of sabotage of computer information systems.
On May 30, 1997, the Interim Administrative Measures for the Registration of Internet Domain Names in China was promulgated, which established the architecture and management system of Internet domain names in China.
On November 15, 2002, the Regulations on the Administration of Business Premises for Internet Access Services came into force, which clarified the requirements for the establishment and operation of business premises for Internet access services, as well as legal liabilities.
On October 1, 2004, the Hunan Provincial Informatization Regulations came into force, which is a representative local regulation in mainland China.
From November 19 to 21, 2014, the first World Internet Conference was held in Wuzhen, Zhejiang. On November 24 of the same year, the first National Cyber Security Publicity Week was launched.
On June 1, 2017, the Cybersecurity Law of the People's Republic of China, the first basic law in mainland China to comprehensively regulate network security and informatization, came into effect.
On September 1, 2021, the Data Security Law of the People's Republic of China came into effect, which is the first basic legislation in the field of data security in mainland China.
On November 1, 2021, the Personal Information Protection Law of the People's Republic of China, the first special law on personal information protection in mainland China, came into effect.
On March 16, 2023, the white paper "China's Cyber Rule of Law Construction in the New Era" was released, which is the first white paper on the construction of cyber rule of law in mainland China.
On August 15, 2023, the Interim Measures for the Administration of Generative AI Services came into force, which is the world's first dedicated legislation on generative AI.
On January 1, 2024, the Regulations on the Protection of Minors Online, the mainland's first comprehensive legislation on the protection of minors online, came into force.
Tickets
China's cyber rule of law has been in place for 30 years
1994-2024