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China to legislate against telecommunications fraud

2021-10-19 21:53

At the 31st meeting of the 13th National People’s Congress Standing Committee held in Beijing on October 19, the draft law on anti-telecommunication network fraud will be submitted for deliberation. There are 30 drafts in total. Nine points, focusing on strengthening the construction of preventive systems and measures for the information chain, capital chain, technology chain, and personnel chain where telecommunications network fraud occurs.

The draft clarifies the basic principles of anti-telecom network fraud work. Emphasize the adherence to the system concept, pay attention to source governance, comprehensive governance, and fully implement various measures for prevention and control; stipulate the responsibilities of various departments, corporate responsibilities and local government responsibilities; strengthen the construction of collaborative work mechanisms.

The draft improves the basic management systems related to phone cards, financial accounts, and Internet accounts. Implement the real-name system, stipulate the registration system for legiti infomate information of phone cards and Internet services, establish and improve the financial business due diligence system; limit the number of phone cards and financial accounts and the abnormal card and account opening situations to prevent the risk of opening corporate accounts; targeted Improve the monitoring system for the sale and use of IoT cards.

The draft stipulates that the governance of illegal services, equipment, and industries related to fraud should be strengthened. Control of phone number changes, false callers, and fraud-related illegal devices: strengthen fraud-related APP (mobile Internet application), Internet domain name monitoring and control; crack down on the control of telecom and network fraud-related industries.

In terms of other measures, the draft clearly establishes an emergency stop payment, rapid freezing and fund return system for the funds involved in the case; prevent personal information from being used in telecommunications network fraud; targeted enhancement of publicity and education; early warning and dissuasion and rescue of potential victims; strengthening governance For cross-border telecommunications network fraud activities, specific risk prevention measures and international cooperation are stipulated.

Support the research and development of technical measures to counter fraud in telecommunications networks, coordinate the construction of a unified monitoring system across industries and enterprises, and provide institutional support for the use of big data in anti-fraud. The draft stipulates the monitoring, identification and handling of abnormal situations involving fraud in the fields of finance, communications, and the Internet, including high-risk phone cards, abnormal financial accounts and suspicious transactions, and abnormal Internet accounts, etc., stipulates corresponding relief channels; stipulates supervisors in the finance, communication, and Internet industries The department coordinates the construction of a unified monitoring system across related industries and enterprises, and promotes the sharing of fraudulent sample information and data; requires Internet companies to transfer suspect clues found in monitoring.

Clarify legal responsibilities and harsher penalties. The draft stipulates that the punishment for illegal trading, renting, lending phone cards, financial accounts, and Internet accounts should be increased, and disciplinary measures should be implemented; criminal liability for violations of the provisions of this law and legal responsibility for the implementation and assistance of telecommunications network fraud activities shall be made Cohesive regulations; stipulate the penalties for financial, telecommunications, and Internet companies for violating the system and measures of this law; for related companies that cause major faults in the telecommunications network to cause losses in telecommunications network fraud or increase losses, stipulate that they shall bear corresponding civil liabilities in accordance with the law.



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