Security News > 2023 > July > US authorities warn on China's new counter-espionage law

On June 30 it issued a new one [PDF] titled "US Business Risk: People's Republic of China Laws Expand Beijing's Oversight of Foreign and Domestic Companies." The first item discussed is China's recently revised Counter-Espionage Law, on grounds it "Expands the definition of espionage from covering state secrets and intelligence to any documents, data, materials, or items related to national security interests, without defining terms."

In May, China Law Translate - a crowdsourced translation and analysis service for Chinese laws - in May rated the updated law "Probably less consequential than some imagine."

"Many of the amendments incorporate previously released legal authority that has already gradually expanded counter-espionage work and powers since the law was adopted in 2014," wrote Jeremy Daum, a senior fellow at Yale Law School's Paul Tsai China Center, in Beijing, and the founder of China Law Translate.

He summarizes the changes to a definition of espionage by emphasizing: "Attempts to illegally obtain or share state secrets, intelligence, or other data, materials, or items related to national security or national interests, which are carried out by or for foreign elements other than espionage organizations."

Another change adds a new definition of espionage as "Network attacks, intrusions, or disruptions targeting critical information infrastructure or entities involved with secrets." Daum argues that that insertion doesn't make more acts criminal, but does elaborate on obligations to report such conduct.

Yeah, OK. That email from your China office does now look a little risky - especially as Chinese law means local businesses can be fined for espionage.

News URL

https://go.theregister.com/feed/www.theregister.com/2023/07/03/china_espionage_law_update_warning/