Laws of the People's Republic of China

MEASURERS ON THE REGULATION OF PUBLIC COMPUTER NETWORKS AND THE INTERNET

(Promulgates by the Ministry of Post and Telecommunications
[MTP: the predecessor of the MII] on April 9, 1996)

SUBJECT:INTERNET; COMPUTER NETWORKS

ISSUING-DEPT: MINISTRY OF POST AND TELECOMMUNICATIONS

ISSUE-DATE: 04/09/1996

IMPLEMENT-DATE: 04/09/1996

LENGTH: 1573 words

TEXT:

Article 1. In order to strengthen regulation of China’s public computer networks connecting to the Internet and encourage expansion of international information exchange, these regulations are being established according to the PRC Interim Provisions on the Regulation of Computer Networks and the Internet.

Article 2. China Public Computer Network (i.e. Chinanet), refers to the interconnecting network built, operated and managed by China’s General Bureau of Posts and Telecommunications (GBPT). This network connects computers to the Internet and is responsible for general service.

Article 3. Chinanet is divided into network management centers and information service centers.

Article 4. Organizations serving as entry point units for Chinanet should meet the following qualifications:

1. They must be legally established enterprises, institutions or organizations.
2. They must be equipped with a regional network made up of main computer terminals and online information terminals along with related network facilities.
3. They must have relevant technological and administrative staff.
4. They must have a sound set of systems and procedures that ensure safety, safeguard secrecy and protect technologies.
5. They must also obey laws and regulations of the country as well as requirements set up by the Ministry of Posts and Telecommunications (MPT).

Article 5. Entry point units intending to be connected to Chinanet should obtain the approval of their supervisory unit or department before applying to the GBPT. At the time of application, they must supply information on system composition, scope of usage, number of main networked terminals, and domain names and site addresses along with end user data. After the connection is made, changes in any of these areas should be reported in a timely manner to the GBPT.

Article 6. Computers and other telecom terminals belonging to individuals, legal persons and other organizations (hereafter referred to as "users" in this document) must connect to the Internet through the entry point network. Users can use a special line or the public telecom exchange network to enter the entry point network.

Article 7. GBPT is responsible for the management of networking between entry point units and users. It is also under obligation to provide high-performance, safe and reliable services to them.

Article 8. Entry point units are responsible for the management of users they connect to the Internet. They should sign agreements with users, clearly outlining both parties’ rights, duties and responsibilities.

Article 9. Entry point units and users should obey laws and regulations of the country, reinforce information security education, implement the country’s regulations on securing classified information and assume responsibility for the information they provide.

Article 10. No unit or individual may use the Internet to engage in criminal activities such as harming national security or disclosing state secrets. No unit or individual may use the Internet to retrieve, replicate, create, or transmit information that harms national security, threatens social stability and promotes sexually suggestive material. Discoveries of the aforementioned criminal activities and harmful information should be reported to related supervisory units in a timely fashion.

Article 11. No unit or individual may use the Internet to engage in activities that harm other people’s information systems and network security. No unit or individuals may use the Internet to engage in activities that infringe on other peoples’ legal rights.

Article 12. Connecting network units, entry point units and users must cooperate with the state’s legitimate efforts to monitor and inspect Internet information security, and they should provide necessary information and conditions.

Article 13. Units that provide computer information services domestically by using Internet information sources must be inspected and approved by the regulations governing public telecom service providers.

Article 14. Entry point units and users who violate Article 5 and/or Article 6 by connecting to the Internet through Chinanet without proper authorization and permission will have their connecting services terminated by the GBPT. In more serious cases, punishment will be sought from public security organizations.

Article 15. Violators of Articles 9, 10 and 11 will be penalized by warnings from the MPT or the postal and telecommunications regulatory bureau (PTRB), followed by the revocation of approval documents, and finally by notices to the public telecom enterprise to terminate the networking activity of the violators. For more serious offenses, the matter will be turned over to public security organizations. Any activities deemed criminal will be prosecuted.

Article 16. Violations of Article 13 will be punished according to related regulations of the MPT or the PTRB.

Article 17. These regulations go into effect on the day of promulgation.