The Legislative Assembly (AL) yesterday passed amendments to the cybersecurity law, which criminalizes the operation of fraudulent mobile base stations.
The bill mainly involves four major amendments: the specification of a crime for fraudulent mobile base station operation; the specification of a crime for improperly disclosing a cybersecurity flaw; the definition of invasion of key infrastructure as public crime; and the extension of the local security authority’s authorization to obtain online statistics from jurisdictions outside of Macau.
According to the law, utilizing fraudulent mobile base stations to make a profit or for the commission of other crimes, such as spreading illegal advertisements or issuing pornographic content, constitute aggregated offences and are punishable by imprisonment for between one and five years.
The amendment to the cybersecurity law aims to synthesize the city’s cybersecurity regulations in order to strengthen the protection of critical infrastructure operators and computer systems used by the Central Government’s organizations in Macau specifically.
The amended law will come into effect on July 1.
During yesterday’s AL discussion, only lawmaker Sulu Sou asked questions about the bill, prompting criticism from Secretary for Security Wong Sio Chak. Sou asked the government representatives about the definition of data, wondering whether private conversations would also be forcibly accessed. In response, Wong expressed his discomfort at being repeatedly questioned about the same matter, especially when the topics had already been discussed at the First Standing Committee of the AL.
“The committee [of lawmakers] already reached a consensus. There is no need for me to repeat the same discussion over and over again,” responded Wong.
Prior to yesterday’s AL plenary meeting, government representatives attended three discussions with the AL committee. However, since AL committee meetings are closed-door gatherings, the lawmakers’ questions as well as government statements made during these “private” meetings remain unavailable to members of the Macau public.
According to Wong, when the police authority suspects that a computer contains data related to a crime and delaying the retrieval of the data would cause significant damage, the police authority may access the data through its own technical means. Under such circumstances, the police authority must report its actions to a judge.
Wong claimed that the practice fully complies with the provisions and general principles of the criminal procedure code of Macau.
The Secretary for Security also remarked that all of these amendments are adjusted in accordance with the relevant legal standards and practices around the world and are fully in line with international conventions.
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