[P2P-F] Fwd: [NetworkedLabour] Fwd: [Debate-List] China adopts new security law to make networks, systems 'controllable'

Fri Jul 10 08:14:39 CEST 2015

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Subject: [NetworkedLabour] Fwd: [Debate-List] China adopts new security law
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Begin forwarded message:

*From:* Jai Sen <jai.sen at cacim.net>
*Date:* 8 Jul 2015 20:45:23 GMT+2
*To:* Post WSFDiscuss <WorldSocialForum-Discuss at openspaceforum.net>, Post
Crisis of Civilisation and Alternative Paradigms <
crisis-de-civilizacion-y-paradigmas-alternativos at googlegroups.com>, Post
PGA globalaction <globalaction at lists.riseup.net>, Post Social Movements
Riseup <social-movements at lists.riseup.net>, Post Debate <
Debate-list at fahamu.org>
*Cc:* Jai Sen <jai.sen at cacim.net>
*Subject:* *[Debate-List] China adopts new security law to make networks,
systems 'controllable'*

Wednesday, July 8 2015

*Worlds in movement, worlds of movement…*

*China in movement…., Freedoms in movement : *

[The empire in movement…. ?  But no state that considers itself powerful is
today far behind… and each step one takes, encourages the next to take
another one :

*China adopts new security law to make networks, systems 'controllable'*

Michael Martina

*China overreaches with new security law *

Frank Ching

            JS

China adopts new security law to make networks, systems 'controllable'
BEIJING | By Michael Martina

http://www.reuters.com/article/2015/07/01/us-china-security-idUSKCN0PB39H20150701

China's legislature adopted a sweeping national security law on Wednesday
that covers everything from territorial sovereignty to measures to tighten
cyber security, a move likely to rile foreign businesses.

A core component of the law, passed by the standing committee of the
National People's Congress (NPC), is to make all key network infrastructure
and information systems "secure and controllable".

President Xi Jinping has said China's security covers areas including
politics, culture, the military, the economy, technology and the
environment.

But foreign business groups and diplomats have argued that the law is vague
and fear it could require that technology firms make products in China or
use source code released to inspectors, forcing them to expose intellectual
property.

Zheng Shuna, vice chairwoman of the Legislative Affairs Commission of the
NPC standing committee, downplayed those concerns, saying China welcomes
"all countries' businesses to operate in China and provide legitimate
services according to law".

"We will continue to follow the path of peaceful development but we
absolutely will not give up our legitimate rights and absolutely will not
sacrifice the country's core interests," she said at a briefing.

The security of territorial seas and airspace is among those core
interests, which, according to the legislation, China will take "all
necessary measures" to safeguard.

The law, which comes amid tensions with neighbors over disputes in the
South China and East China Seas, passed through the NPC standing committee,
the top body of China's rubber stamp parliament, by a vote of 154 to zero,
with one abstention.
'GROWING INFLUENCE OF HARDLINERS'

The national security law is part of a raft of government legislation -
including laws on anti-terrorism, cyber security and foreign non-government
organizations - that have drawn criticism from foreign governments,
business and civil society groups.

Those policies, many of which have cyber security components, have emerged
after former National Security Agency contractor Edward Snowden disclosed
that U.S. spy agencies planted code in American tech exports to snoop on
overseas targets.

"The fact that these different pieces of legislation are all moving forward
in tandem indicates the seriousness of Beijing's commitment as well as the
growing influence of hardliners shaping China's technology policy agenda,"
Samm Sacks, an analyst at U.S.-based consulting firm Eurasia Group, said in
an emailed statement.

Critics have argued that the extensive nature of the law, which covers
everything from China's deep sea and space assets to "harmful cultural
influences", constitutes national security overreach.

Its passage also coincides with a crackdown on dissent, as the government
has detained and jailed activists and blamed "foreign forces" for the
pro-democracy protests in Hong Kong last year.

Hong Kong and Macau must "fulfill responsibilities to safeguard national
security" according to the law, which also covers crimes of subversion and
inciting rebellion. That reference could spark more fears of Beijing
encroaching on Hong Kong's rule of law.

Britain returned Hong Kong to China in 1997 under a "one country, two
systems" formula, with the promise of a high degree of autonomy. Unlike on
the mainland, Hong Kong does not have laws criminalizing subversion of the
state. Macau, a former Portuguese colony, returned to China in 1999.

Some seven months after Hong Kong police forcibly cleared pro-democracy
protesters from the streets, tens of thousands of people were expected to
rally for free elections on Wednesday as the city marks the 18th
anniversary of its return to China.

(Additional reporting by Sui-Lee Wee
<http://blogs.reuters.com/search/journalist.php?edition=us&n=suilee.wee&>;
Editing by Raju Gopalakrishnan
<http://blogs.reuters.com/search/journalist.php?edition=us&n=raju.gopalakrishnan&>
and Nick Macfie
<http://blogs.reuters.com/search/journalist.php?edition=us&n=nick.macfie&>)

*China overreaches with new security law*

FRANK CHING

Special to The Globe and Mail

Published Wednesday, Jul. 08, 2015 3:00AM EDT

Last updated Wednesday, Jul. 08, 2015 3:00AM EDT

http://www.theglobeandmail.com/globe-debate/china-reaches-wide-and-deep-with-new-security-law/article25343592/

China’s new national security law, enacted last week by the National
People’s Congress, the country’s parliament, is worrying on several levels,
both because of what it says and because of what is left ambiguous.

To soothe local worries, Hong Kong’s Secretary for Justice, Rimsky Yuen,
described the new law as little more than a “declaration of principles”
that is “a blueprint for overall national security.” Similarly, one of his
predecessors, Elsie Leung, called it “framework legislation.”

Indeed, the law is striking for its lack of specificity. But it is chilling
in its sweep, potentially including every sphere of activity, foreign as
well as domestic, within the realm of national security. It provides for a
national security review mechanism that would cover all activities “that
impact or might impact national security,” from foreign investment to
Internet information technology.

The law identifies the interests of the Communist Party with those of the
Chinese state. The first article asserts that the law is “to defend the
people’s democratic dictatorship and the system of socialism with Chinese
characteristics” before saying that it is also meant “to protect the
fundamental interests of the people.”

“Socialism with Chinese characteristics” is the official ideology of the
Communist Party. Thus, defending the party’s monopoly on power is defined
as maintaining national security. That is to say, anyone supporting
democracy is ipso facto guilty of undermining national security.

Since 2009, China’s diplomats have informed the world that the country’s
core interests were headed by “upholding our basic system,” that is,
maintaining the existence of the party-state. This was followed by
sovereignty and territorial integrity and, lastly, economic and social
development.

The new security law is consistent with this formulation. But such an
approach can easily provide a pretext for a crackdown on domestic dissent
as well as on “foreign interference.”

The new law warns “individuals and organizations” not to endanger national
security or to provide any support or assistance to individuals or
organizations endangering national security. By defining national security
in broad and vague terms, the law is likely to cause unease to citizens and
put psychological pressure on them to ask themselves if they should engage
in social, cultural or other activities that may be even remotely
interpreted as being illegal.

One example is religion. While paying lip service to upholding the
principle of freedom of religion, the law threatens punishment of those who
“conduct illegal and criminal activities” in the name of religion.

The law also seems to endow itself with extraterritorial jurisdiction. It
defines China’s national interests as including the “peaceful exploration
and use of outer space” as well as of international seabed areas and of
both the Arctic and Antarctic polar regions; hence, protecting such
interests are now part of upholding national security.

With global warming, interest in the Arctic and the riches of its seabed is
increasing. China does not border the Arctic but calls itself a near-Arctic
state, with rights and interests in the seabed.

The new law declares that China will take “necessary measures in accordance
with law” to protect the security and the legitimate rights and interests
of overseas Chinese citizens, organizations and institutions and also
ensure that the country’s overseas interests “are not threatened or
encroached upon.”

With China now involved in trade and diplomacy in every corner of the
world, Chinese business people and tourists are active in virtually all
countries, big or small. Last year, more than 100 million Chinese travelled
abroad.

______________________________

Jai Sen

jai.sen at cacim.net / jai at openword.in

www.cacim.net / http://www.openword.in

Now based in New Delhi, India (+91-98189 11325) and in Ottawa, Canada
(+1-613-282 2900)

*NEW PUBLICATIONS :*

Jai Sen, ed, 2013 – *The Movements of Movements : Struggles for Other
Worlds*, Part I*.* Volume 4 Part I in the *Challenging Empires* series. New
Delhi : OpenWord.  *Prefinal version 1.0 available
@ http://www.into-ebooks.com/book/the_movements_of_movements/
<http://www.into-ebooks.com/book/the_movements_of_movements/>*

*FORTHCOMING PUBLICATIONS  :*

Jai Sen, ed, forthcoming (2015) – *The Movements of Movements : Struggles
for Other Worlds**,* Part 2. Volume 4 Part II in the *Challenging Empires*
series.  New Delhi : OpenWord

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