Chen Zhimin, deputy director of the Social and Legal Committee of the National Committee of the Chinese People's Political Consultative Conference and former deputy minister of the Ministry of Public Security: It is
recommended that telecommunications network fraud be punished separately
This year's National People's Congress, Chen Zhimin, deputy director of the Social and Legal Committee of the National Committee of the Chinese People's Political Consultative Conference and former deputy minister of the Ministry of Public Security, who has long been concerned with data ownership and security issues and personal information protection, focuses on combating and managing telecommunication and network fraud and other issues.
At present, what challenges are there in combating and managing telecommunication and network fraud?
How to further improve the construction of relevant legal systems and strengthen the work of combating and controlling telecommunication and network fraud crimes?
Around these issues, Chen Zhimin accepted an exclusive interview with a reporter from the Beijing News.
In response to the difficulties in the management and control of key personnel in cracking down on telecommunications and network fraud, Chen Zhimin suggested that telecommunications and network fraud should be punished separately and the threshold for criminalization should be lowered.
In view of the characteristics of telecommunication and network fraud crimes, he suggested establishing a clearer evaluation standard for incrimination, which is different from ordinary crimes of trespassing on property, and raising the statutory penalty. The crime of “organizing, leading, and participating in telecommunications and network fraud activities” could be added to the criminal law to clarify the subjective Those who have the intention to organize, lead, and participate in telecommunication and network fraud crimes and have the objective fact of engaging in criminal activities can be convicted.
data security law
Data Security Law Responds to Data Tenure Issues
The Beijing News: The "Data Security Law of the People's Republic of China" (referred to as the Data Security Law), which was officially implemented on September 1 last year, has what requirements on data ownership?
How do you see the implementation of this law?
Chen Zhimin: Data is an important means of production in the digital economy, a core national strategic resource and an important social wealth.
Today, a new round of technological revolution and industrial transformation is emerging. New technologies, new industries, and new formats such as big data, artificial intelligence, 5G, Internet of Things, blockchain, and cloud computing are emerging one after another. These are all based on the collection and use of data. premise and foundation.
At present, my country has officially entered the era of large-scale release of digital economic dividends.
The digital economy has a profound impact on my country's development model and governance model.
At the same time, the issue of data security has become increasingly prominent, and it has become a major issue related to national security, public security, personal privacy security, the healthy, orderly and sustainable development of the digital economy, and even the fairness and justice of human society.
I have been calling for clear data ownership for years.
Because data ownership is not a simple issue of attribution or economics, but an important issue related to national security, public security, personal privacy security of citizens, security of the international community, and fairness and justice of human society.
The lack of clarity about data ownership creates a range of security issues.
It is urgent to clarify data ownership, determine what data belongs to citizens, what data belongs to the state, and how enterprises should use data, and what rights, powers, rights, and responsibilities should citizens, countries, and enterprises have.
In my opinion, the basic idea to solve this problem is: Party leadership, subject in the people, sovereignty in the country, government management, common ownership by the whole people, enterprise development, shared use, legal protection, and technical support.
The Data Security Law implemented in September last year aims to better safeguard national security in the era of big data, clarify the party's leadership over data security, clarify the management responsibilities of various departments, local governments, and industry organizations to maintain data security, and clarify data security and development. Establish and improve the working mechanism for maintaining data security, establish a classified and graded data security level protection system, establish a security review system for cross-border data flow, stipulate the data use and processor's obligation to protect data security, and clarify citizens to maintain data security. The rights and obligations of the State Council, proposed ten aspects including international data cooperation, and responded to the issue of data ownership, laying a legal foundation for effectively solving the prominent problems facing data security in my country.
It can be said that this is a landmark law in the era of big data.
phone scam
There are four types of characteristics such as prominent personal information leakage problem
Beijing News: In the field of criminal crimes, what aspects are prominent in cases of infringing on citizens' personal information?
Chen Zhimin: During the two sessions, one of the focuses of my attention is to combat the crime of telecommunication and network fraud, which is a prominent manifestation of criminal cases of infringing on citizens' personal information.
The latest data shows that as of December 2021, the number of netizens in my country reached 1.032 billion, an increase of 42.96 million from December 2020, and the Internet penetration rate reached 73.0%.
It is estimated that in 2025, China's total data share in the world is expected to reach more than 27%.
At the same time, my country's illegal and criminal activities are increasingly entering cyberspace from social space, showing cross-regional, cross-domain, and cross-industry characteristics. Non-contact crimes such as telecommunication and network fraud have become prominent problems affecting social security and even the construction of a safe China, seriously threatening the people. Safety of life and property.
As the source of high and frequent occurrence of telecommunication fraud, all kinds of data illegally obtained and sold by criminals have become an important tool for them to plan and organize the implementation of illegal and criminal activities.
Beijing News: What are the prominent features of telecommunication network fraud crimes?
Chen Zhimin: A few days ago, the Supreme People's Procuratorate announced that from 2019 to 2021, the procuratorial organs will prosecute 39,000, 50,000, and 40,000 people for telecom and network fraud crimes.
Judging from the number of incidents, telecommunications and network fraud crimes are still running at a high level.
Such cases have four prominent features: First, young people, especially school students, have prominent problems involved in the case.
Among the telecommunications and network fraud crimes and related crimes prosecuted by the procuratorial organs in 2021, there will be more than 2,200 minors, an increase of 18% year-on-year.
Second, there are frequent cases of minors and the elderly being deceived.
From the perspective of the deceived field, minors are mainly concentrated in live broadcast rewards, online games, online shopping, etc.; the elderly are mainly concentrated in pension investment, health care, and emotional friendships for the elderly living alone.
Third, the problem of citizens' personal information leakage is more prominent, and there are many industry "insiders" leaking personal information.
Fourth, criminal gangs evade supervision or investigation through technical outsourcing, purchasing technical services, etc., and strengthen the "technical confrontation" of crimes, which greatly reduces the "threshold" for criminal implementation.
The Beijing News: Are there any typical cases that impress you?
Chen Zhimin: What impressed me was that in April last year, a piece of news that the Ministry of Public Security seized nearly 70 tons of mobile phone black cards rushed to the hot search.
This case is the No. 1 cluster campaign of "Jingwang 2019" initiated by the Ministry of Public Security.
The facts of the case show that from "telecom operators" to "card merchants", then to "account merchants", and then to various types of downstream illegal and criminal activities, this case has formed a black and gray industry chain of full-chain crimes.
The public security organs have arrested more than 4,000 various types of criminal suspects nationwide, seized more than 18 million mobile phone "black cards" and Internet of Things cards, and seized more than 30,000 computers, mobile phones and other crime equipment, involving 67.23 million pieces of citizens' personal information .
This case is the first typical case of my country's public security organs to carry out a full-chain and all-round centralized crackdown on the online black and gray industry ecosystem, which provides a powerful reference for future crackdown and governance work.
However, we must also clearly recognize that we still have a lot of work to do to plug the loopholes that breed illegal and crime from the source.
suggestion
It is recommended to introduce the "Anti-Telecom Network Fraud Law" as soon as possible
The Beijing News: What are the shortcomings of the current crackdown on telecommunications and network fraud?
Chen Zhimin: First, in the field of communications, there is a prominent situation in which telephone cards are not actually used; there are system loopholes within operators; problems in the management of IoT cards are prominent, and some card issuers sell IoT cards to fraudulent gangs; The threshold is low, and the risk control system such as secondary certification is not perfect.
Second, in the financial sector, personal bank accounts and corporate accounts are poorly supervised, and a large number of shell company accounts are used to commit fraud; third-party payment companies have become an important channel for money laundering gangs; the mechanism for intercepting fraudulent funds is not perfect; money laundering channels change rapidly.
Third, in the Internet field, search engine companies have failed to effectively filter illegal information, and fraudulent gangs can easily obtain personal information of citizens, buying and selling bank cards, phone cards and other information; there are loopholes in the management of online social platforms.
In addition, there are difficulties in cracking down and punishing key personnel.
On the one hand, the conviction and sentencing are light.
The current criminal law is mainly based on the number of fraudulent crimes. Many criminal suspects have committed crimes repeatedly. However, due to factors such as difficulty in obtaining evidence abroad, the amount that can be verified is not large. In addition, the understanding of different places is not uniform, resulting in the failure to arrest and prosecute. On the other hand, there is no necessary legal basis for the management and control of key personnel in electric fraud. A large number of key personnel are located inside and outside the country, which makes it difficult to control. It is prominent that returnees leave the country again to engage in electric fraud activities.
Beijing News: What do you think should be improved in the construction of relevant legal systems?
Chen Zhimin: I suggest that, first, criminalize telecom and network fraud separately and lower the threshold for criminalization.
In view of the characteristics of telecommunication and network fraud crimes, it is suggested to establish a clearer evaluation standard for incrimination that is different from ordinary crimes of trespassing property, and to improve the statutory sentence. The "crime of organizing, leading, and participating in telecommunication network fraud activities" can be added to the criminal law to clarify the subjective The intention to organize, lead, and participate in the criminal activities of telecommunication and network fraud can be convicted if there is objectively the fact of engaging in criminal activities.
The second is to consolidate the main responsibility and source governance of industry departments.
It is suggested that the Anti-Telecommunication Network Fraud Law be promulgated as soon as possible to strengthen the construction of the main responsibility system of the financial, communication and Internet industries.
It is necessary to clarify the responsibility of the security subject.
Financial, telecommunications, and Internet companies are required to establish and improve internal prevention and control mechanisms and security responsibility systems, and effectively perform their duties such as customer due diligence and suspicious transaction monitoring.
Industry entities such as finance, communications, and the Internet are required to establish a "pre-risk self-assessment mechanism for new businesses".
It is suggested that financial, telecommunications, and Internet companies that have loopholes in their products and services be exploited by wire fraud suspects to cause economic losses, and should bear corresponding civil liability for compensation.
It is recommended to increase penalties and guide enterprises to actively comply with regulations.
The third is to implement source control of key personnel and punishment for dishonesty.
It is recommended to improve the exit prevention mechanism for relevant key personnel, include those who engage in electronic fraud activities on the list of seriously untrustworthy entities, and record relevant illegal information into credit records and include them on the national credit information platform.
Beijing News reporter He Qiang