Research On Import And Export Laws And Regulations Of Cryptography In China

Cryptography is one of the critical technologies of information society. All the countries are adjusting and updating their import and export laws and regulations of Cryptography to implement its purpose. China's business cryptography regulatory statute can't respond to the threat of wrongful use of imported and import-based cryptography in the field from commerce to government. At the same time the bloom of cryptography market can't achieve its positive functions. The research on cryptography regulatory statute also needs expanding. As a breakthrough point to research on the import and export laws and regulations of cryptography, the background factors and regulatory practice have important academic and practical values for China's essential interest. After analyzing and comparing most countries' import and export laws and regulations of cryptography, this article concludes that west countries consider the dual-use of cryptography under Wassenaar Arrangement and OECD's principles and apply appropriate laws and regulations dynamically. Through exports technology examination, export license and sales report system of cryptography, west countries control imports and exports of cryptography in recoverable level in order both to keep the balance between national security and people's rights of free speech and privacy, and to fight computer crimes, while developing countries increasingly depend on their recoverable technology and products. Certainly, the economic dependence among all the countries explains why west countries slacken the exports regulatory law. Appropriate laws and regulations on the import and export of cryptography can enhance the level of information society, ensuring the critical infrastructure security, vindicating people's rights of communication, free speech and privacy, and advancing the validity of technical measures, while laws and regulations need to avoid risks of wrongful use of cryptography such as the weakening of critical infrastructure, as well as computer crimes. China's import and export laws and regulations of cryptography should be appropriate, dynamitic and cautious to create the harmony among national interest, social benefits and people's rights in order to protect the security of cyber and information society. On choosing the import laws and regulations, China needs to depend on some exports technology examination, export license and sales report system of cryptography to import strong cryptography, open source cryptography, with enough knowledge of the import and export risks. According to the degrees of cryptography dependence, China's laws and regulations should decide the application level of cryptography used in governmental, important industrial critical infrastructure, and commercial fields. Cryptography export also plays an important role for economic security, so only import-based cryptography can be exported. Export laws and regulations must consider the Intellectual Property Right and the recoverable ability.