Which units participated in the formulation of the Interpretation and Application of the Anti-Telecommunications and Internet Fraud Law of the People's Republic of China and the State

(This article is typeset and organized by the China Anti-Fraud Alliance)

Editor's note: The "Anti-Telecommunications and Internet Fraud Law of the People's Republic of China" has been enacted for the 10th time on September 2, 2022. It was adopted at the 36th meeting of the Standing Committee of the Third National People's Congress and will come into effect on December 1, 2022. The "Anti-Telecommunications and Internet Fraud Law" contains 50 articles in Chapter 7, including 18 articles involving public security agencies. They are now organized as follows for everyone to focus on:

Chapter 1 General Provisions

1. The public security organs take the lead in anti-telecom network fraud, and relevant departments such as finance, telecommunications, network information, and market supervision perform their supervisory responsibilities in accordance with their duties and are responsible for anti-telecom network fraud in their respective industries. (Article 6, Paragraph 3)

Chapter 2 Telecommunications Governance

Telecommunications business operators and Internet service providers take technical measures to identify and block access to illegal equipment and software network and report to the public security organs and relevant industry authorities. (Article 14, Paragraph 2)

Chapter 3 Financial Governance

The People’s Bank of China will coordinate the establishment of a unified anti-money laundering monitoring system across banking financial institutions and non-bank payment institutions. Work with the public security department of the State Council to improve the anti-money laundering suspicious transaction reporting system that is compatible with the characteristics of capital flows for telecommunications network fraud crimes. (Article 18, Paragraph 12)

4. The public security department of the State Council shall work with relevant departments to establish and improve the system for instant inquiry, emergency payment stop, quick freezing, timely unfreezing and fund return of funds involved in telecommunications network fraud cases, clarifying Conditions, procedures and remedies. If the public security organs decide to take the above measures in accordance with the law, banking financial institutions and non-bank payment institutions shall cooperate. (Article 20)

Chapter 4 Internet Governance

Internet service providers shall, in accordance with the requirements of the public security organs and telecommunications authorities, register the telephone cards involved and the abnormal telephone cards involved in fraud. The relevant Internet accounts will be verified, and based on the risk situation, disposal measures such as correction within a time limit, restriction of functions, suspension of use, account closure, and prohibition of re-registration will be taken. (Article 22, Paragraph 2)

6. Public security, telecommunications, network information and other departments, telecommunications business operators, and Internet service providers should strengthen the use of fraudulent applications downloaded and disseminated through channels other than distribution platforms. The procedures focus on monitoring and timely disposal. (Article 23, Paragraph 3)

7. When the public security organs handle telecommunications network fraud cases and collect evidence in accordance with the law, Internet service providers should provide timely technical support and assistance. When Internet service providers monitor relevant fraud-related information and activities in accordance with the provisions of this law and discover clues and risk information related to fraud-related crimes, they shall, in accordance with relevant national regulations and based on the type and degree of fraud-related risks, transfer them to the public security, finance, telecommunications and , Internet information and other departments. Relevant departments should establish and improve feedback mechanisms to promptly inform the transferring unit of relevant situations. (Article 26)

Chapter 5 Comprehensive Measures

8. Public security organs should establish and improve the working mechanism to combat telecommunications network fraud, strengthen the construction of specialized teams and professional technologies, and Police departments and local public security agencies should cooperate closely to effectively punish telecommunications network fraud activities in accordance with the law. When the public security organs receive a report of telecommunications network fraud or discover a telecommunications network fraud, they shall file a case for investigation in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China. (Article 27)

9. When handling telecommunications network fraud cases, public security organs should also verify the source of personal information used in crimes and hold relevant personnel and units accountable in accordance with the law. (Article 29)

No unit or individual may illegally buy, sell, rent, or lend phone cards, Internet of Things cards, telecommunications lines, SMS ports, bank accounts, payment accounts, Internet accounts, etc., and must not provide real names Verification assistance; you are not allowed to pretend to be another person's identity or to create a fictitious agency relationship to open the above-mentioned cards, accounts, account numbers, etc.

Units, individuals and relevant organizers who have been identified by the public security organs at or above the districted municipal level as committing the acts specified in the preceding paragraph, as well as persons who have been criminally punished for engaging in telecommunications network fraud activities or related crimes, may be recorded in accordance with relevant national regulations. Credit records must be entered, and measures such as restricting card, account, account and other functions, stopping non-counter business, suspending new business, and restricting network access shall be adopted. Anyone who has objections to the above determinations and measures can file an appeal, and relevant departments should establish and improve appeal channels, credit repair and relief systems. Specific measures shall be formulated by the public security department of the State Council in conjunction with relevant competent departments. (Article 31)

11. The public security department of the State Council, the financial management department, the telecommunications administration department, and the national cybersecurity and informatization department shall be responsible for the overall planning and responsibility for the construction of countermeasures in the industry and promote the promotion of telecommunications-related network fraud. Sample information data is shared to the fullest, strengthen cross-checking of fraud-related user information, and establish a monitoring, identification, dynamic blocking and disposal mechanism for abnormal fraud-related information and activities. (Article 32)

12. The public security organs shall, in conjunction with the finance, telecommunications, and Internet information departments, organize banking financial institutions, non-bank payment institutions, telecommunications business operators, Internet service providers, etc. to establish early warning The dissuasion system takes corresponding dissuasive measures in a timely manner according to the situation for potential victims discovered by early warning. In cases of telecommunications network fraud, we should strengthen the recovery of stolen goods and recover losses, improve the system for handling the funds involved, and promptly return the legitimate Qingliang property of the victims. For victims who suffer major life difficulties and meet the relevant national rescue conditions, relevant parties will provide assistance in accordance with regulations. (Article 34)

With the decision or approval of the State Council’s anti-telecommunications network fraud working mechanism, the public security, finance, telecommunications and other departments may take necessary measures in accordance with relevant national regulations in specific areas where telecommunications network fraud activities are serious. temporary risk prevention measures. (Article 35)

14. For persons going to areas where telecommunications network fraud is serious, if their outgoing activities are suspected of major telecommunications network fraud, the immigration management agency may decide not to allow them to leave the country. For persons who have been criminally punished for engaging in telecommunications network fraud activities, the public security organs at or above the districted city level may decide not to allow them to leave the country within six months to three years from the date of completion of the punishment, based on the crime situation and the need to prevent re-crime. And notify the immigration management agency for implementation. (Article 36)

15. The public security department of the State Council and others, together with the foreign affairs department, will strengthen international law enforcement and judicial cooperation, establish effective cooperation mechanisms with relevant countries, regions, and international organizations, and carry out international police cooperation. , improve the level of cooperation in information exchange, investigation and evidence collection, investigation and arrest, recovery of stolen goods and losses, and effectively combat and contain cross-border telecommunications network fraud activities. (Article 37)

Chapter 6 Legal Liability

16. Organizing, planning, implementing, participating in telecommunications network fraud activities or providing assistance for telecommunications network fraud activities constitutes a crime , be held criminally responsible in accordance with the law. If the conduct in the preceding paragraph does not constitute a crime, the public security organ shall detain him for not less than ten days but not more than fifteen days; his illegal gains shall be confiscated and he shall be fined not less than one time but not more than ten times of his illegal gains. If he has no illegal gains or his illegal gains are less than 10,000 yuan, he shall be fined A fine of not more than 100,000 yuan. (Article 38)

Whoever violates the provisions of Article 14 and Article 25, Paragraph 1 of this Law shall have his illegal gains confiscated and shall be fined more than twice the amount of illegal gains by the public security organs or relevant competent departments. If a fine of not more than ten times is imposed and there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not more than 500,000 yuan shall be imposed; if the circumstances are serious, the public security organ shall concurrently impose a detention of not more than 15 days.

(Article 42)

Article 14, Paragraph 1. No unit or individual may illegally manufacture, buy, sell, provide or use the following equipment and software:

(1) Telephone cards Inserting equipment in batches;

(2) Equipment and software with functions such as changing calling numbers, virtual dialing, and illegal access of Internet calls to public telecommunications networks;

(3) Batch accounts , automatic network address switching system, and a platform for batch receiving and providing SMS verification and voice verification;

(4) Other equipment and software used to commit telecommunications network fraud and other illegal crimes.

Article 25, Paragraph 1: No unit or individual may provide the following support or assistance to others to commit telecommunications network fraud activities:

(1) Selling or providing personal information;

(2) Helping others launder money through virtual currency transactions and other methods;

(3) Other behaviors that provide support or assistance for telecommunications network fraud activities.

Whoever violates the provisions of Paragraph 1 of Article 31 of this Law shall have his illegal gains confiscated and the public security organ shall impose a fine of not less than one time but not more than ten times the illegal gains. If there is no illegal gain or the illegal gain is less than 20,000 yuan, , shall be fined not more than 200,000 yuan; if the circumstances are serious, he shall also be detained for not more than 15 days. (Article 44)

Article 31, Paragraph 1: No unit or individual may illegally buy, sell, rent, or lend phone cards, Internet of Things cards, telecommunications lines, SMS ports, bank accounts, or payment accounts , Internet accounts, etc., are not allowed to provide real-name verification assistance; are not allowed to pretend to be other people's identities or create fictitious agency relationships to open the above-mentioned cards, accounts, account numbers, etc.

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