At that time, regarding the blockade of some VPNs in China, Wen Ku, director of the Communications Development Department of the Ministry of Industry and Information Technology, said, "The development of the Internet in China must be carried out in accordance with Chinese laws and regulations. Some bad information should be regulated in accordance with Chinese laws, With the development of the Internet, new regulatory measures will certainly keep up with new situations. "
Qin An, director of the China Cyberspace Strategy Research Institute, also pointed out for the "Fire Wall" that cyberspace sovereignty is a matter of course, and China certainly cannot ignore these services.
A policeman from the Public Security Bureau revealed that for users, if they only browse web pages without bad information, they will not be held responsible; if they copy and spread posts with illegal content, they will bear corresponding legal responsibilities once they are found.
Many lawyers believe that according to the principle of law, browsing prohibited webpages should be suspected of breaking the law, but the punishment depends on the specific circumstances and the degree of harm. If you just browse by yourself and do not distribute it, the plot is minor and you will not be fined. If you provide "over the wall" service, it is definitely illegal. For example, if the buyer uses this to browse pornographic webpages, the seller is suspected of constituting a crime of spreading obscene materials.
Some lawyers also pointed out that Article 5 of the “Administrative Measures on the International Internet Security Protection of Computer Information Networks” stipulates that no unit or individual may use the Internet to produce, copy, consult and disseminate the following information: incitement to resist, violation of the Constitution and laws, implementation of administrative regulations ; Inciting subversion of state power and overthrowing the socialist system; Incitement to split the country and undermine national unity; Fabricating or distorting facts, spreading rumors, disrupting social order, etc. The remarks on overseas web pages are not managed. Once they are browsed, it will already violate this rule.
In addition to the above provisions, for sellers who provide "over the wall" services, the punishment measures stipulated in the "Administrative Measures for Internet Information Services" are even heavier. Article 4 stipulates: "The state implements a licensing system for operational Internet information services; implements a filing system for non-profit Internet information services. Those who have not obtained a license or have not completed the filing procedures shall not engage in Internet information services." Article 19 states: "In violation of the provisions of these Measures, without obtaining a business license, engaging in business Internet information services without authorization, or providing services beyond the permitted items, the telecommunication management agency of the province, autonomous region, or municipality directly under the Central Government shall order it to make corrections within a time limit. For the income, a fine of more than 3 times and less than 5 times the illegal income; if there is no illegal income or the illegal income is less than 50,000 yuan, a fine of more than 100,000 yuan and less than 1 million yuan shall be imposed; if the circumstances are serious, the website shall be ordered to be closed. "
In the opinion of the industry, although the relevant departments have always supervised the "turning the wall", but this kind of supervision is intermittent, when the requirements are strict, it is sealed for a while, and when the requirements are not strict, the various wall-turning tools will be again. In the rise, various previous regulatory departments only regarded this task as one of the functions, but they were not exclusive functions. Therefore, the supervision has been neglected. In 2014, the country established the Internet Information Office, which is equivalent to having a full-time agency to manage it. Increased, these "over the wall" tools will be difficult to survive in the future.
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