by William Zheng in SCMP, Apr 22, 2023
China will amend its anti-espionage law, listing cyberattacks by a “spying entity or its surrogate” as an act of espionage for the first time.
A spokesman from China’s top legislature said on Friday that the change was one of the items on the agenda of a legislative meeting next week focused on revising the country’s anti-espionage law, with new provisions related to cyberespionage.

Earlier this month, Beijing announced a slew of espionage cases by surrogates recruited by foreign spy agencies and warned Chinese citizens to stay alert to such activities.

This is the third draft of the revision since August. The anti-espionage law, which took effect in 2014, is regarded as Beijing’s most potent tool to crack down on external interference as China locks horns with the United States and its allies on almost every front.

Beijing and Washington are increasingly aware of infiltration and spying amid the heightened geopolitical tensions.

Less than a month ago, Beijing confirmed the detention of a Japanese national suspected of espionage.

Revisions related to national security typically face little resistance before becoming law.

The revision was expected to be endorsed at the second meeting of the Standing Committee of the 14th National People’s Congress (NPC), China’s top legislature, to be held from Monday to Wednesday, said Zang Tiewei, spokesman for the NPC’s Legislative Affairs Committee. After it is endorsed, Chinese President Xi Jinping is expected to sign it into law.

Zang said the latest revision “improves the regulations on cyber espionage” and “clearly defines cyberattacks, intrusions, interference, control and destruction” by foreign spies as espionage activities.

According to Zang, other proposed changes include clarifying the responsibility of national security organs in guiding and arranging publicity as well as provisions to strengthen the protection of personal information in counter-espionage work.

He said the new draft stipulated that after taking remedial measures to eliminate network security risks, authorities should make a timely decision to resume services.

While the most recent version of the revision was not made public, the previous draft stated that those found aiding foreign spies – whether in the form of information, funds, supplies, labour, technology or shelter – would first be warned or given administrative detention of up to 15 days by state security authorities.

They may also be fined up to 100,000 yuan (US$14,532), either separately or in addition to detention or warnings. Those found guilty who have made profits of more than 100,000 yuan could face fines of up to 10 times the amount earned.

To support counter-espionage activities, the previous draft also offered rewards to individuals or departments that contribute to the fight against spying.

The draft revision encourages technological innovation in the fight against spying, calling for national security departments to pay greater attention to training to improve counter-espionage abilities.
https://www.scmp.com/news/china/politics/article/3217931/china-amend-anti-espionage-law-cover-cyberattacks-foreign-spies-and-surrogates?module=lead_hero_story&pgtype=homepage