China: Drop draft law attempting to stifle Internet freedom

The Chinese authorities must drop a fundamentally flawed draft Cyber Security Law that would have severe consequences for freedom of expression and the right to privacy on the Internet, Amnesty International said.

In a submission to China’s National People’s Congress Standing Committee’s Legislative Affairs Commission, Amnesty International highlights provisions in the draft Cyber Security Law that would further curtail Internet freedom and run counter to China’s international human rights obligations.

“The Cyber Security Law would legalize and exacerbate China’s already strict Internet surveillance practice that violates rights to freedom of expression and privacy. What’s more, it attempts to justify and promote these controls globally by promoting the concept of ‘cyberspace sovereignty’,” said Roseann Rife, East Asia Research Director.

This law is part of a set of laws linked in a newly articulated national security architecture, on which Amnesty International has raised similar concerns about the same poorly defined and vague concepts contained in these provisions. The organization is also submitting today a second submission on draft Criminal Law Amendments (9) and has called upon the Chinese government to withdraw or repeal these too, due to the risk of human rights violations and because of the high risk of misuse.

Amnesty International’s full submission on the draft Cyber Security Law can be read here. If enacted, the law would:

  • Require real name registration of all Internet service users.
  • Require service providers operating in China to store all user personal data within the mainland territory of the People’s Republic of China.
  • Require service providers to turn over personal data and other information to authorities upon request without any legal review by independent and impartial bodies or other safeguards allowing requests to be challenged.
  • Allow the authorities to restrict or even entirely shut down access to the Internet to allegedly protect “national security” and “social public order”.

Amnesty International’s full submissions on the Criminal Law Amendments (9):
* Amnesty International’s Cyber Security Law submission
* Amnesty International’s Criminal Law Amendments (9) (Second Draft) submission

On Twitter follow: @williamnee (China Researcher) @patrickpoon (China Researcher), @Bequelin (East Asia Director) @amnestypress