(Cybercrime Prevention Law) (Draft for public consultation) has been released, and it has attracted considerable attention from the cryptocurrency community.


Let's interpret the concerns using AI: [Is it illegal to use a VPN to bypass restrictions, hold foreign bank cards, have foreign phone numbers, hold accounts on foreign cryptocurrency exchanges, etc.?]


1. Use VPN to bypass restrictions

Is it illegal: Yes, it is illegal.

Corresponding legal provision:

Article 14: It is prohibited to illegally manufacture, sell, provide, or use devices or software that have the functions of "changing the caller ID, virtual dialing, illegally accessing public telecommunications networks via the internet, etc." (Item 3). VPN tools, if used to circumvent internet supervision or illegally access across borders, may be classified as such tools.

Article 44, Paragraph 3: It is prohibited to provide technical support or assistance for others to access foreign illegal information that has been legally blocked (such as using VPNs to access blocked foreign content).

Article 53: The National Internet Information Department may take technical blocking measures against foreign individuals or organizations providing services that 'support and assist cybercrime activities' to domestic users, implicitly prohibiting illegal cross-border internet access.


2. Holding foreign bank cards

Is it illegal: Needs to be discussed on a case-by-case basis.

If only holding foreign bank cards but not used for illegal activities, and compliant with China's foreign exchange regulations, it is not directly illegal.

If used for cybercrime (such as money laundering), evading financial regulation, or violating real-name system requirements, it is illegal.

Relevant legal provisions:

Article 11: It is prohibited to open bank accounts using false identity information, or to illegally buy, sell, or rent foreign bank accounts (Item 3). If foreign bank cards are involved with false identities or illegal transactions, it is illegal.

Article 26: It is prohibited to use foreign bank accounts to provide payment and settlement services for illegal fund transfers (such as fraud or gambling fund transfers).


3. Holding foreign phone numbers

Is it illegal: Needs to be discussed on a case-by-case basis.

If legally processed and used abroad, it is not directly illegal.

If illegally used domestically (such as evading real-name systems or for criminal activities), it is illegal.

Relevant legal provisions:

Article 11: It is prohibited to illegally buy, sell, or rent foreign mobile phone cards (Item 3), or to knowingly lend phone cards for illegal activities (Item 2).

Article 16: Telecommunications service providers must conduct dynamic identity verification for phone numbers; if foreign phone numbers do not pass verification or are used for abnormal operations, services may be restricted.


4. Holding foreign cryptocurrency exchange accounts

Is it illegal: Needs to be discussed on a case-by-case basis.

If only holding an account but not used for illegal activities, and compliant with China's regulatory policies on virtual currency (such as prohibiting trading platforms from serving domestic users), it is not directly illegal.

If used for money laundering, fraud, or evading financial regulation, it is illegal.

Relevant legal provisions:

Article 26: It is prohibited to use virtual currency to provide illegal fund transfer services for others (Item 3).

Article 19: It is prohibited to provide payment, settlement, and other assistance for cybercrime; if the account is used for illegal transactions, it is illegal.

Article 54: For illegal gains from engaging in gambling, fraud, and other crimes using foreign cryptocurrency exchanges, they may be legally seized and confiscated.

Summary

Clear violation: Using VPNs to bypass restrictions directly violates multiple legal provisions.

Possible violation: Holding foreign bank cards, phone numbers, and cryptocurrency exchange accounts that involve false identities, evading regulation, or being used for illegal activities is illegal; if purely held and compliant with relevant regulations, it is not directly prohibited.

Core principle: This law emphasizes 'real-name system', 'source governance', and prohibits providing support for cybercrime (Chapter 3). Any behavior that undermines the real-name system, evades regulation, or assists in crime may be illegal.

It is recommended to pay attention to the detailed rules and supporting regulations after the formal introduction of this law to clarify specific boundaries.