China's new anti-terrorism law demands compliance from telcos and ISPs

Computerworld Hong Kong staff
08 Jan 2016
00:00

The anti-terrorism law released last week by the State Council of China requires telecommunications and internet service providers (ISPs) to provide technical support to the security authority and prevent dissemination of information on terrorism, according to law firm DLA Piper.

In a statement explaining the implication of the new law, DLA Piper indicated a series of requirements and obligations imposed on telcos and ISPs. These requirements include providing technical assistance like tech interfaces and decryption to the public security bureaus and national security authorities.

According to DLA Piper, the new law also requires telcos and ISPs to adopt monitoring mechanisms to identify terrorism and extremism information.

“Upon detection of terrorism or extremism information, telecommunication operators and internet service providers should immediately stop the transmission of such information, retain the records as evidence, delete such information, and report the incident to the public security authority or other relevant government authorities,” said the statement.

Providers are also required to verify the true identity of the users and customers before they can provide services.

Detailed implementation rules of the law are expected to be issued in the coming year to provide further guidance on the definition of "terrorism and extremism information," and information/documents requested for ID verification.

“It is advised that service providers in the telecommunications and internet sectors take into account the above-mentioned statutory requirements when providing services, and take the necessary steps to ensure you are in compliance with the law,” said DLA Piper.

The initial draft was circulated for comments in late 2014. Following several rounds of revisions during the subsequent 12 months, the law was recently passed unanimously by the Standing Committee of the National People’s Congress and published on December 27, 2015.

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