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Strategic Study of CAE >> 2016, Volume 18, Issue 6 doi: 10.15302/J-SSCAE-2016.06.007

The Obligation of Decryption Assistance by Internet Service Providers: Suggestions on the Amendment of Article 27 of the Network Security Law Draft (Second Draft)

1. Institute of Internet Governance and Law, Beijing University of Posts and Telecommunications, Beijing 100876, China;

2. CyberSecurity Association of China, Beijing 100010, China

Funding project:中国工程院重大咨询项目“网络空间安全战略研究”(2015-ZD-10) Received: 2016-10-12 Revised: 2016-10-18 Available online: 2016-12-13 15:28:27.000

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Abstract

The obligation of decryption assistance by Internet service providers reflects the conflict between public power (the power of investigation) and the right of privacy (the right of communication privacy, private rights). Internet service providers should gather data under encryption by users on the basis of the principles of controllability and traceability, proportionality, and necessity. Providers should consider choosing their path prudently, supervised by strict procedure. Thus, the overall utility of social governance control, the tranquility of private life, and the business interests of Internet service providers can be maximized. Severe violations of private rights and disorderly situations due to governmental failure can be avoided if these suggestions are carried out.

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