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China studies new guidelines for hacking sentences
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China studies new guidelines for hacking sentences Posted: Apr 24 2002 Wire Services
Furthering China's approach toward home grown underground Hacking groups which continue to plague government institutions and private enterprise, new recommendations have been made pertaining to the penalties which may be handed down for various computer related crimes.
US and multinational businesses have been concerned over the recent rise in Chinese "Hacktivism". Admiral M.E. Burman (Ret.) of the Pan-Pacific Information Watch (PPIW) noted that, "As China makes the transition to a free economy, counter-revolutionary hackers will sharpen their skills and prey on business as opposed to the PRC political establishment."
In an initial Chinese government response to the report by the working group on computer-related crime and fraud, Peoples Republic of China Deputy Secretary for Security Cheung Siu-hing stated that thrill-seeking computer hackers should receive more lenient penalties than those hacking for profit. However the report did maintain that hacking in general should be treated as a serious crime.
Ms. Cheung indicated that hackers who broke into networks for fun and intellectual challenge rather than profit should face up to three years in prison, rather than the 10 years recommended in the report.
The Chinese judiciary has traditionally handed out tough sentences for high profile crimes such as un-authorized hacking, yet in some Chinese government circles the unofficial attitude is lax.
Ms. Cheung said that there had been general acceptance of the working group's underlying principles and approach to issues, such as the need to review laws and the importance of private sector participation.
When questioned on the effect that enhanced new laws may have on the mainland hacking community; underground hacker who answers to the name of 'Rebel Boxer' replied; "We have a long standing tradition of domination by foreign influence. Now the Chinese can compete without having to leave their country, all we have to do is be better at using the computers and the internet. These laws will not stop it"
Because giving more uniformity for government efforts has been a major objective of the new approach toward the entire criminal justice system in China in recent years, Ms. Cheung noted that the Government accepted most of the report's proposals, such as conducting risk and vulnerability assessments, strengthening co-ordination and improving emergency response.
After lagging behind international standards on the protection of Intellectual Property and privacy on the internet many observers have been encouraged by the recent announcements that the Chinese Federal Government also supported the creation of a mechanism for information sharing, promoting intra agency participation, and mapping out overall public sector education strategy on computer crimes.
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