Lawyers Express Worry Over Potential Expansion of Surveillance and Access Restrictions
HONG KONG — A new proposal by the Chinese government to issue individual online identifiers has raised concerns about increased social control.
The draft measure suggests using the National Network Identity Authentication (NNIA) to obtain a cyberspace ID and certificate for internet authentication. This system, introduced on app stores earlier this year, would be composed of letters and numbers.
China already requires users to provide mobile numbers linked to their personal information when signing up for online services. The proposal, released by the Ministry of Public Security and the Cyberspace Administration of China (CAC), aims to “protect personal information security” by reducing the collection of personal data by internet platforms.
Lester Ross, partner-in-charge of the Beijing office of U.S. law firm WilmerHale, explained, “The draft would allow government regulators to collect personal information without sharing it with Internet platforms, addressing some popular concern over excessive data collection and privacy protection while government regulators continue to have access to real identities.”
To obtain a cyberspace ID and certificate, users would need to upload their ID card, scan their face for verification, and link their account with a phone number.
The draft went largely unnoticed until Lao Dongyan, a Tsinghua University law professor, criticized it on Weibo, the Chinese equivalent of X. Lao suggested that the proposal’s primary purpose is to tighten control over online speech and behavior, with personal information protection being secondary. Her posts have since been censored.
Lao expressed concern that the ID would allow authorities to collect extensive data on individuals’ online activities, including browsing history. She also worried that the cyberspace certificate would make internet access a licensed privilege.
Although the proposal indicates that obtaining the identifier would be voluntary, Lao was skeptical, citing previous instances where voluntary measures became mandatory.
China began requiring real-name registration for mobile phone numbers in 2010 and extended it to all internet services in 2017. Over 1 billion internet users in the country have provided various personal information to major online platforms.
Nikkei Asia interviewed three Chinese lawyers based in Shanghai, Beijing, and Shenzhen. They agreed with Lao’s assessments but requested anonymity due to the sensitivity of the topic.
A Beijing-based lawyer suggested that the proposal aims to exert comprehensive control over internet access and expression. He noted that the government could bypass internet platforms to access personal information directly under the new system.
The lawyer also doubted the justification of protecting personal information, pointing out that telecom fraud has surged despite real-name registration requirements.
Private-sector involvement in the new system may be possible. Juming Technology, a private company in Hefei, posted on WeChat about successfully connecting to the NNIA app to offer relevant services.
Ross from WilmerHale noted that the proposal may not directly impact foreign businesses in China, as social media posts are already closely monitored. However, it could affect business intelligence by limiting Chinese citizens’ ability to post content critical of government policies or social conditions.
The draft is open for public feedback until Aug. 25. Besides Lao’s censored posts, some Weibo posts by key opinion leaders on the topic have been restricted to reposts only, without comments.
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