ChinaCriminal Law, Arts. 285-286 (unauthorized computer intrusion and system destruction)
Criminal Law of the People's Republic of China, Arts. 285, 286
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2024. Publisher's page: http://www.npc.gov.cn/wxzlhgb/c27214/gb2021/202104/P020230313538043179978.pdfIn force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not intrude into a computer system to obtain its data, or exercise illegal control over it, where the conduct is serious (Art. 285).NIST AI RMFMAP 4.1
- Do not damage or destroy a computer information system's function, data, or programs (Art. 286).no control in the NIST AI RMF
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does automated collection of data from a public website amount to 获取 ("obtaining") data of a computer information system when it is 违反国家规定 ("in violation of state provisions"), and which state provisions count?
- What quantity of data or what harm makes the circumstances 情节严重 ("serious") for a collection that does not take control of the system?
What it makes you log
Logging duty
Articles 285 and 286 define the offences of intruding into a computer information system, obtaining its data or illegally controlling it, and of deleting, modifying, adding to or interfering with a system's functions, data or programs, with their penalties. Neither imposes a duty to create, keep, produce or review a log or record. Article 286-1 (a network service provider that refuses to correct after a regulator orders it to meet its information network security management duties) is outside the cited articles and is not read into the row; it points to duties set in other laws. The territorial rules sit in the Criminal Law's general part, not in these articles, so the hook is empty.
- Kind
- None
- As of
What this law does
Article 285(1) criminalizes intrusion into state-affairs, defense, or advanced-science computer systems; Art. 285(2), added by the 2009 Amendment VII, reaches intrusion into any other computer information system, or use of other technical means, to obtain data stored, processed, or transmitted in that system, or to exercise illegal control over it, where the circumstances are serious; Art. 286 criminalizes destroying a computer system's function, data, or programs.
A 2011 joint interpretation of the Supreme People's Court and the Supreme People's Procuratorate sets quantitative thresholds for 'circumstances serious' (such as five hundred or more sets of authentication credentials, or unlawful gains of 5,000 yuan or more) and defines a program or tool as one specially built for unauthorized intrusion when it functions to circumvent or break through a system's security-protection measures, or to obtain that system's data without authorization or beyond the scope of authorization granted.
Article 285(2) reaches intrusion and any other technical means used to obtain a system's data, and its text carries no exception for data the system makes public.
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