11-011 · EVIDENCE B · SOURCE-SENSITIVE
No selling of tools for bypassing firewalls or VPN accounts, no setting up such nodes for others
不卖翻墙工具、VPN 账号,不替人搭这类节点
No expense or time required
Any individual or entity that builds their own outbound network connections or uses international channels outside of state-provided public telecom services may be ordered by police to cease internet access, receive a warning, and face fines up to 15,000 yuan plus confiscation of any illegal earnings. Those running businesses based on such services may be charged with illegal business operations; in severe cases, imprisonment of up to five years applies. This rule specifically addresses selling or setting up such nodes. For personal use only, the maximum penalty remains limited to a warning and fine as stipulated in Article 14 of the provisional regulations.
B
Move “No selling of tools for bypassing firewalls or VPN accounts, no setting up such nodes for others” to Future Me's calendar
The excuse
Future Me has a clearer calendar, more patience, and apparently the same responsibilities.
What feels good now
Today I keep a few minutes and avoid interrupting my default routine.
What the source says
The source summarizes the return this way: “Any individual or entity that builds their own outbound network connections or uses international channels outside of state-provided public telecom services may be ordered by police to cease internet access, receive a warning, and face fines up to 15,000 yuan plus confiscation of any illegal earnings. Those running businesses based on such services may be charged with illegal business operations; in severe cases, imprisonment of up to five years applies. This rule specifically addresses selling or setting up such nodes. For personal use only, the maximum penalty remains limited to a warning and fine as stipulated in Article 14 of the provisional regulations.” Evidence grade B. The original states the population, caveats, and sources; this is not a personal forecast.
Use the original facts and limits. For an urgent medical, safety, financial, or legal issue, contact a qualified local professional or service.
THE ENGLISH EDITION
Original recommendation and evidence
11. No selling of tools for bypassing firewalls or VPN accounts, no setting up such nodes for others
Cost: No expense or time required
In plain terms: Any individual or entity that builds their own outbound network connections or uses international channels outside of state-provided public telecom services may be ordered by police to cease internet access, receive a warning, and face fines up to 15,000 yuan plus confiscation of any illegal earnings. Those running businesses based on such services may be charged with illegal business operations; in severe cases, imprisonment of up to five years applies. This rule specifically addresses selling or setting up such nodes. For personal use only, the maximum penalty remains limited to a warning and fine as stipulated in Article 14 of the provisional regulations.
Benefit: Direct international internet connectivity must be facilitated via international gateway channels supplied by state-owned telecom networks. No organization or individual may independently establish or utilize any other channels, meaning neither private outbound connections nor third-party nodes are permitted. Violators face police orders to disconnect from the internet, warnings, and possible fines up to 15,000 yuan plus confiscation of illicit profits. Commercial operators violating this rule may be prosecuted for illegal business operations; severe violations incur up to five years imprisonment plus fines ranging from one to five times the illegal earnings. Particularly egregious cases may result in imprisonment exceeding five years nationwide.
Evidence grade: B
Sources: State Council of China (1997). Interim Provisions on the Management of International Networking of Computer Information Networks (Articles 6 and 14). <https://nyncw.cq.gov.cn/wsdw/zz/zhfb/wlyxxaq/202406/t20240619_13306645.html> (Reprinted by Chongqing Agriculture and Rural Affairs Committee); National People's Congress (2020). Criminal Law (Amended according to the 11th Amendment to the Criminal Law, Article 225, Item 4). <https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html>
Notes: At the time of drafting, no publicly documented court rulings regarding firewall circumvention were found on Supreme People’s Court or Supreme People’s Procuratorate websites, and regional enforcement practices vary widely; hence this B rating was assigned. This section exclusively addresses selling or setting up such nodes. For personal usage alone, the maximum penalty remains limited to warnings and fines as outlined in Article 14 of the provisional regulations.
Read the complete Chinese source and notes
11. 不卖翻墙工具、VPN 账号,不替人搭这类节点
成本: 不花钱,也不占时间
说人话: 自己搭线路出境,或者用国家公用信道以外的国际信道,公安可以责令停止联网、给予警告,罚 1.5 万元以下并没收违法所得。靠这个做生意的,办案机关可以按非法经营罪办,情节严重的判 5 年以下。这条讲的是卖和搭节点。个人自己用的,处罚以警告加罚款为上限。
收益: 直接进行国际联网,必须使用国家公用电信网提供的国际出入口信道。任何单位和个人不得自行建立或者使用其他信道:既不能自己搭线路出境,也不能用别人搭的。违反的,由公安责令停止联网、给予警告,可以并处 1.5 万元以下罚款,没收违法所得。靠这个做生意的,办案机关可以按非法经营罪处理。情节严重的判 5 年以下,并处或单处违法所得 1 到 5 倍的罚金。特别严重的判 5 年以上(全国)
证据等级: B
来源: 国务院 (1997). 计算机信息网络国际联网管理暂行规定(第六、十四条). <https://nyncw.cq.gov.cn/wsdw/zz/zhfb/wlyxxaq/202406/t20240619_13306645.html>(重庆市农业农村委员会转载);全国人大 (2020). 刑法(根据刑法修正案(十一)修正,第二百二十五条第四项). <https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html>
备注: 本节写作时,未在最高法、最高检官网找到公布的翻墙类判例,各地处理差异也大,所以定 B 级。个人自己用的,处罚最重是暂行规定第十四条写的警告加罚款。
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