Chinas New Cybercrime Draft Law Would Expand Police Power, Censorship

China’s Ministry of Public Security (MPS) has ignited a wave of backlash after releasing a draft “Cybercrime Prevention Law” that would sharply tighten state control over internet access, block overseas sources of information, and extend Beijing’s enforcement reach beyond China’s borders.Legal scholars and rights lawyers say the proposal not only threatens online freedoms but also exposes a deeper power shift within China’s governance system—one that places the police at the center of internet control, replacing existing cyberspace regulators.Beyond China’s BordersReleased on Jan. 31 for public comment, the draft law would prohibit individuals or organizations from providing technical assistance—such as virtual private networks (VPNs)—to help others access blocked foreign websites or information.It mandates strict real-name registration for online services, requires users to report the use of virtual location-switching tools, and authorizes penalties for disseminating content deemed unacceptable by authorities.Under the proposal, Chinese citizens accused of spreading “unapproved” information could face exit bans preventing them from leaving China, while overseas Chinese expatriates or institutions could have their assets frozen, be barred from entering China, or be restricted from investing in the country.Critics say these provisions amount to an unprecedented attempt to impose Chinese censorship standards extraterritorially—potentially chilling speech and business activity well beyond China’s borders.This illustration, taken on Jan. 4, 2013, shows a laptop screen displaying a denial-of-access message on the homepage of ‘Annals of the Yellow Emperor’ in Beijing. STF/AFP via Getty ImagesCall for Draft to Be WithdrawnOn Feb. 5, Chinese human rights lawyer Wang Quanzhang submitted a formal petition to China’s National People’s Congress Standing Committee, calling for the draft law to be scrapped.Wang also sent copies to the State Council and the Ministry of Public Security and opened the petition for public co-signing. Photos of the petition have circulated on X but have been suppressed on Chinese social media platforms.In his submission, Wang argued that the draft violates China’s Constitution and Legislative Law, noting that the Ministry of Public Security lacks the authority to initiate legislation that restricts political rights or personal freedoms. Such laws, he said, must be enacted by the national legislature, not an enforcement agency.Two Chinese lawyers, speaking anonymously to The Epoch Times for fear of reprisals, voiced support for Wang’s move.One described the ministry as acting simultaneously as “athlete and referee,” adding that public criticism of the draft was itself constitutionally protected. Another said Wang articulated what many legal professionals and ordinary citizens were thinking but felt unable to say publicly.Chinese human rights lawyer Wu Shaoping, now based in the United States, told The Epoch Times that the controversy highlights a broader problem—that constitutional protections in China are routinely overridden by political power.“[China’s] Constitution promises freedom of expression and communication,” Wu said, “but in practice, those rights are continuously stripped away by subordinate laws and regulations.”Wu argued that under China’s Legislative Law, only specific bodies—including the National People’s Congress Standing Committee, the State Council, and top judicial institutions—may submit draft laws. A ministry-level body like the MPS, he said, has no such authority.“When a single police ministry can draft laws at will,” Wu said, “it signals that China has fully entered a police-state phase.”Li Yuqing, a Chinese legal scholar now residing in the United States, echoed that assessment, telling The Epoch Times that even the State Council can issue only administrative regulations—not laws—and that subordinate ministries are limited to issuing internal rules.“This [draft] law concerns criminal matters,” Li said. “By law, only the National People’s Congress or its Standing Committee can legislate in this area. From a procedural standpoint alone, this draft is illegal.”Criminalizing Access to InformationThe draft also includes a ban on tools that bypass China’s “Great Firewall” and the punishment of information sharing deemed harmful to “national security.”Under the CCP, the “Great Firewall” refers to China’s censorship regime that blocks access to nearly all social media platforms in Western countries, including X, Meta, Google, etc. Most news outlets, including The Epoch Times, are also blocked.Li said such measures invert the basic purpose of law in most legal systems. “Law is supposed to limit public power,” she said. “Here, the MPS is trying to use law to expand its own authority and strip citizens of their rights.”She added that while internet access is largely unrestricted in most countries, China criminalizes seeking information—despite constitutional guarantees of freedom of expression and communication.“China functions like a massive prison,” Li said. “Everything you see or read requires [the CCP’s] approval, and if you cross the line, punishment follows under the name of law.”Wu warned that the draft effectively extends Chinese jurisdiction worldwide. Speech that is routine in democratic societies could, under the draft, expose individuals or institutions to sanctions if China deems it threatening.“This will force companies and individuals who deal with China into self-censorship,” Wu said. “It’s China’s domestic law projecting power globally.”Beyond civil liberties, analysts see the draft as signaling a significant internal power realignment. Article 4 of the proposal designates the MPS as the lead authority on cybercrime and requires coordination among cyberspace, propaganda, telecommunications, financial, diplomatic, and cultural agencies.Wu said internet control in China has traditionally been led by the Cyberspace Administration and the CCP’s propaganda apparatus, with police playing a supporting role. The new draft, he said, elevates the police to a commanding position over ideology and information control.“That’s a hallmark of a police state,” Wu said.The move follows earlier attempts by the ministry to expand its authority online, including a controversial national online ID system proposed in 2024. Despite public opposition, that system took effect in July 2025.Blowback Risks for Xi Some analysts argue that the expansion of police power could ultimately backfire on China’s top leadership.Wu said Chinese leader Xi Jinping relies heavily on Public Security Minister Wang Xiaohong to maintain social control amid economic stress and political uncertainty. However, as police authority expands across sectors, Wu warned, internal rivalries could intensify.“Once police power expands everywhere, Wang Xiaohong’s ambition follows,” he said. “That eventually becomes a threat and challenge even to Xi Jinping’s power.”Li added that Beijing’s tightening grip reflects anxiety about information leaks, elite infighting, and public outrage over sensitive issues such as reports of forced organ harvesting.“[The pressure] inside China is like a sealed pressure cooker,” she said. “The CCP’s repression may delay an explosion, but it also increases the force when it comes.”Ning Haizhong and Yi Ru contributed to this report.