Internet Filtering in China in 2004 2005
speech and content restrictions to cover information sent to cellular phones and other wireless devices, as
well as to forms of content not specifically enumerated in previous legislation, such as video games.
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c. State Secrets Controls
The State Secrets Law is a critical and broadly defined part of China's Internet content control.
The State Secrets Law defines the term state secrets to include confidential information in areas ranging
from social development, to technology, to international relations, to the national defense and economy.
116
The law lists categories of restricted information, including national defense, secrets concerning
important policy decisions on state affairs, economic and social development, science and technology
development, and criminal investigations.
117
It also encompasses secrets of political parties, restricting
criticism and debate of public policy positions, and gives state agencies the authority to define additional
categories.
118
The State Secrets Bureau has wide discretion in determining what qualifies as a state
secret.
119
China has retroactively declared information a state secret.
120
If convicted of providing state
secrets to overseas individuals or organizations via the Internet, citizens face the death penalty.
121
China's Constitution requires all citizens to safeguard state secrets.
122
ICPs have additional
responsibilities to conscientiously perform secrecy protection duties and establish sound administration
systems to strengthen supervision and monitoring.
123
Violations of the State Secrets Law must be
reported to authorities.
124
Penalties for failure to comply with state secrets regulations are serious. The
Supreme People's Court ruled that serious cases of state secrets violations can be punished with up to 10
years in prison, and violators may face the death penalty for cases of severe harm.
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d. News
News may be published online only by licensed print publishers.
126
Non licensed Web sites that
wish to carry news may only publish information already publicly released by other news media.
127
These
115
Administration of Culture on the Internet Tentative Provisions (Summary), China Law & Practice. Sept. 2, 2003.
116
Law of the People's Republic of China on Guarding State Secrets, translation available at
http://www.cecc.gov/pages/newLaws/protectSecretsENG.php.
117
Amnesty International, State Secrets A Pretext for Repression, May 1996, at
http://web.amnesty.org/library/index/engasa170421996#SSL.
118
Amnesty International, State Secrets A Pretext for Repression.
119
See Human Rights in China, Who's Who in Labor & State Secrets, at
http://www.hrichina.org/public/contents/article?revision%5fid=18104&item%5fid=18103 (Oct. 25, 2004).
120
International Centre for Human Rights and Democratic Development, Review of China's Internet Regulations and
Domestic Legislation.
121
Amnesty International, State Secrets A Pretext for Repression.
122
Congressional Executive Committee on China, Silencing Critics by Exploiting National Security and State Secrets
Laws, at http://www.cecc.gov/pages/virtualAcad/exp/expsecurity.php.
123
Articles 8 & 10, Provisions on the Administration of the Protection of Secrets on Internationally Networked
Computer Information Systems, translated at http://www.cecc.gov/pages/virtualAcad/exp/expsecurity.php.
124
Congressional Executive Committee on China, Silencing Critics by Exploiting National Security and State Secrets
Laws.
125
Supreme People s Court on Stealing State Secrets, Xinhua News Agency, Jan. 21, 2001.
126
Interim Provisions on the Administration of Internet Websites Engaged in News Posting Operations, Nov. 1, 2000,
translation available at http://www.cecc.gov/pages/virtualAcad/exp/explaws.php.
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