With the emergence of China's digital legal currency, the concept of blockchain technology is hot, we found that a law is quietly waiting for it. On January 1, 2020, this law will officially take the stage of history. 》.
Today, we are working with a large number of blockchain practitioners and enthusiasts to learn about legal content and make progress together.
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1. Can the Cryptography method manage blockchain technology?
2. Future prospects for the commercial cryptographic industry;
3. What are the legal responsibilities?
The scope of application of the Cryptography
Let us look at the so-called "password" refers to technologies, products, and services that encrypt and protect information, etc., using a specific transformation method.
That is to say, the blockchain technology is used to encrypt or secure the information collected (please supplement the hot and cold wallet). It is a "password" in the legal sense and is protected and regulated by the Cryptography.
In a sense, the Cryptography is the first law to regulate China's blockchain technology and its application . This is a historical advancement and worthy of recognition.
The National Password Management Department is responsible for managing password work throughout the country. The password management departments at the county level and above are responsible for managing the password work in their administrative areas.
The state implements classified management of passwords: core password, ordinary password, and commercial password. Please note that if you use blockchain technology to serve the "government system", you may be involved in issues such as state secrets . Do not think that you can show off a government project, but in fact, the responsibility is greater and the duty of confidentiality is stronger. (Remind that when the government blockchain project has been bidding for other civil projects, the technical details and core contents cannot be disclosed to any third party, otherwise the legal consequences will be serious)
The future of the commercial cryptography industry
At the same time, we found in the "Cryptography Law" that the state's attitude is to "encourage and support" the research and application of cryptographic science and technology (friends who are doing business in the public chain), and protect intellectual property rights in the field of cryptography (mainly copyrights and patents). ), promoting the advancement and innovation of cryptographic science and technology.
The state will adopt a variety of methods to carry out "password security education" , incorporate password security education into the "national education system" and "civil service education and training system", and enhance the password security awareness of citizens, legal persons and other organizations. Training missions come to the door to popularize cryptography and related technical training for students and civil servants.
The state encourages research and development, academic exchanges, transformation of results and promotion and application of commercial cryptography, and improves the same open, competitive and orderly commercial cryptographic market system.
One reminder: import licenses for commercial passwords involving national security, social public interest, and encryption protection functions, and export control for commercial passwords involving national security, social public interest, or China's international obligations. (The password is not an extrajudicial place, and the compliance control must be observed)
From the level of the "Network Security Law", stealing information encrypted by others, illegally invading other people's password protection system, or using passwords to engage in illegal activities, and pursuing their legal responsibilities by other laws and administrative regulations of the Cyber Security Law.
From the level of China's "Criminal Law", the above acts will also be evaluated as suspected crimes, and will be dealt with by Article 285 of the crime of illegally invading computer information systems, illegally obtaining computer information system data, and illegally controlling computer information systems.
Therefore, in the face of the second wave of future blockchain technology entrepreneurship, we recommend adequate technical preparation and legal common sense preparation, retain relevant evidence, reduce unnecessary lawsuits, and enable China's blockchain technology innovation. In the international "card position" success (although we are a bit slow).