CHINESE INTELLIGENCE-RELATED LEGAL DOCUMENTS

The Implementation Measures Relating to the Temporary Provisions for the Management of Computer Information Networks in the People's Republic of China that Take Part In International Internetworks

06 March 1998

Office of the State Council Leading Group for Information

ARTICLE 1

The measures stipulated herein have been drawn up in accordance with "The Temporary Provisions for the Management of Computer Information Networks in the People"s Republic of China that Take Part In International Internetworks" (hereafter referred to as "The Temporary Provisions"). The purpose of these measures is to strengthen management of computer information networks that take part in international internetworks and to ensure the healthy development of the international exchange of computer information.

ARTICLE 2

Computer information networks within the territory of the PRC that take part in international internetworks will do so in accordance with the measures stipulated herein.

ARTICLE 3

The meaning of the terminology used in the measures stipulated herein is as follows:

1. "International internetwork" refers to a Chinese computer internetwork, specialized computer information network, enterprise computer information network, or any other computer information network within the territory of the PRC that is interconnected with a foreign computer information network by means of dedicated lines, thus forming an international internetwork.

2. "Access network" refers to a computer information network that takes part in an international internetwork by accessing a Chinese internetwork. An access network may be a network that is connected at multiple levels.

3. "International exit/entry channel" refers to a physical channel used by an international internetwork.

4. "Subscriber" refers to an individual, legally incorporated entity or other organization that takes part in an international internetwork via an access network. "Individual subscriber" refers to an individual who has an internetwork account number.

5. "Specialized computer information network" refers to a specialized computer information network that serves a certain industry or profession.

6. "Enterprise computer information network" refers to a computer information network that is used privately within the enterprise itself.

ARTICLE 4

The nation will carry out unified planning in regard to the overall construction plan for international internetworks and the utilization of resources for international internetworks. In order to facilitate a higher quality and level of service, international internetworks will adopt uniform technical standards, security standards and fee policies that have been drawn up by the state. International internetworks will put level-by-level management into practice; that is, management of Chinese internetwork work units, access network work units and subscribers will be carried out on a level-by-level basis, while international exit/entry channels will be managed on a uniform basis. In regard to services provided by international internetworks, the state will encourage equitable and orderly competition and the sharing of resources, thus promoting the healthy development of these services.

ARTICLE 5

The Office of the State Council Leading Group for Information (LGI) is responsible for the work of organizing and coordinating the pertinent departments that draft regulations and standards pertaining to both the security and operation of international internetworks and the fees and services of such networks. LGI also monitors and checks the performance of international internetworks.

ARTICLE 6

The China Internet Network Information Center (CNNIC) manages Internet addresses, domain names and network resource directories and provides related information services.

ARTICLE 7

A computer information network within the PRC that directly takes part in an international internetwork must use the international exit/entry channels provided by the Ministry of Posts and Telecommunications (MPT) National Public Telecommunications Network. No work unit or individual is permitted to independently establish another channel or use another channel to take part in an international internetwork.

ARTICLE 8

The four Chinese internetworks that have already been established are: the China Public Computer Internetwork (CHINANET), managed by MPT; the China Golden Bridge Information Network (CHINAGBN), managed by the Ministry of Electronics Industry (MEI); the China Education and Research Network (CERNET), managed by the State Education Commission (SEC); and the China Science and Technology Network (CSTNET), managed by the Chinese Academy of Sciences (CAS). CHINANET and CHINAGBN are "internetworks that engage in business activities," while CERNET and CSTNET are "public-welfare internetworks." Fee policies and terms for technical support should be accorded to internetworks that engage in business activities on an equal footing. Public-welfare internetworks provide public services to China"s society and do not seek to make a profit. Preferential policies should be extended to public-welfare internetworks in regard to fees for the channels they use.

ARTICLE 9

Proposed new Chinese internetworks must first be approved by the pertinent administrative departments at the ministry (or commission) level. Then an application to become a Chinese internetwork work unit as well as an internetwork feasibility report must be submitted to LGI. After due consideration, LGI will render an opinion and report to the State Council for its approval. A feasibility report for a Chinese internetwork should include the following main points: the nature and scope of the network service to be provided; a proposal for the technology to be used in the network; an economic analysis; the management methods to be employed; and the security measures to be taken.

ARTICLE 10

An access network must take part in an international internetwork via a Chinese internetwork. An access network may not take part in an international internetwork in any other manner.

In order to become an access network work unit, the work unit must meet the prerequisites stipulated in Article 9 of The Temporary Provisions and submit an application to become an access network work unit as well as an access network feasibility report to the responsible work unit or department in a Chinese internetwork work unit. Within 20 working days after receiving the application to become an access work unit, the responsible work unit or department in the Chinese internetwork work unit should notify the access network work unit in written form as to whether its application has been approved.

A feasibility report for an access network should include the following main points: the nature and scope of the network service to be provided; a proposal for the technology to be used in the network; an economic analysis; the managerial system to be adopted; and the security measures to be taken.

ARTICLE 11

In regard to access network work units that engage in international internetwork business activities, a system using international internetwork business operations licenses, (hereafter referred to as "business operations licenses"), will be implemented . The uniform format of the business operations license will be drafted by LGI.

Business operations licenses will be issued by the responsible department in a Chinese internetwork work unit that engages in business activities. Reports of licenses issued will be kept on file at the LGI Office. The responsible department at the Chinese internetwork work unit will implement an annual inspection system for access network work units that engage in business activities.

An access network work unit that engages in business activities that cross the lines of Provinces, Autonomous Regions or Municipalities should apply to obtain a business operations license from the responsible department in a Chinese internetwork work unit that engages in business activities. An access network work unit that engages in business activities only within its own Province, Autonomous Region or Municipality should apply to obtain a business operations license from the responsible department in a Chinese internetwork work unit that engages in business activities or the responsible department at the provincial level that has been authorized to grant such licenses by a Chinese internetwork work unit that engages in business activities. Once an access network work unit that engages in business activities has its business operations license in hand, it will apply to commercial and industrial administrative bodies and carry out the necessary procedures for registration and connection. The access network work unit that engages in business activities will also apply to an enterprise providing telecommunications services and carry out the necessary procedures for obtaining the required communications links. The enterprise providing telecommunications services should provide the communications links and related services to the access network work unit within 30 working days.

ARTICLE 12

The computer or the computer information network used by an individual subscriber, a subscribing legally incorporated entity, or other subscribing organization, must take part in an international internetwork via an access network. Subscribers may not take part in an international network by any other means.

ARTICLE 13

When a subscriber applies to an access network work unit to take part in an international internetwork, the subscriber should provide valid identification papers or other supporting documents. The subscriber should also fill out a subscriber registration form.

ARTICLE 14

The MPT will draft measures to manage the exit/entry channels for international internetworks in accordance with The Temporary Provisions and the measures stipulated herein. The MPT will file reports of the measures it drafts with LGI. The responsible department or work unit in each Chinese internetwork work unit will draft measures to manage the Chinese internetwork according to The Temporary Provisions and the measures stipulated herein. The responsible department or work unit will file reports of the measures it drafts with LGI.

ARTICLE 15

The uniform formats for the application to become an access network work unit and the subscriber registration form will be drafted by the responsible department of the Chinese internetwork work unit according to the requirements in the measures stipulated herein.

ARTICLE 16

The work unit that provides the international exit/entry channel(s) is responsible for providing the necessary international exit/entry channel(s) to the Chinese internetwork work unit, and is also responsible for providing high-quality, secure services on an equitable basis. This work unit is also responsible for collecting channel usage fees in a timely manner.

When a Chinese internetwork work unit sets up or expands its international exit/entry channel(s), it should carry out the necessary procedures with the work unit that provides the international exit/entry channel(s) for setting up channel(s) or increasing the number of channels. A report regarding the setting up or the expansion of channel(s) should be filed with the LGI Office. After the work unit that provides the international exit/entry channel(s) receives the application of the Chinese internetwork work unit, it should set up the necessary international exit/entry channel(s) for the Chinese internetwork work unit within 100 working days. The work unit that provides the international exit/entry channel(s) and the Chinese internetwork work unit should sign an appropriate agreement, and each should strictly fulfil its respective responsibilities and obligations.

ARTICLE 17

The work unit that provides the international exit/entry channel(s), the Chinese internetwork work unit and the access network work unit must set up a network management center, strengthen the management system and do a good job of managing network infosec.

The Chinese internetwork work unit should sign an agreement with the access network work unit that will enhance management of the Chinese internetwork and the access network. The Chinese internetwork work unit should also: be responsible for the relevant technical training and management education to be provided to the access network work unit regarding international internetworks; provide high-quality, secure services to the access network work unit on an equitable basis; and collect internetwork access fees from the access network work unit according to pertinent state regulations.

An access network work unit should: submit to the management of the Chinese internetwork work unit and higher-level access network work units; sign agreements with any lower-level access network work units; have subscribers sign onto the regulations for subscribers; enhance management of lower-level access network work units and subscribers; be responsible for the management education of lower-level access network work units and subscribers and for providing technical consulting and technical training to these lower-level work units and subscribers; provide high-quality, secure services to lower-level access network work units and subscribers on an equitable basis; and collect fees from lower-level access network work units and subscribers according to pertinent state regulations.

ARTICLE 18

A subscriber should submit to the management of the access network work unit and comply with the regulations for subscribers. A subscriber is not permitted to: act without authorization and enter a computer system without permission; tamper with another party"s information in a system that has been entered without authorization; distribute malicious information on a network; send out information under an assumed name; violate the privacy of another party; create or disseminate computer viruses; or commit other acts that violate the legitimate rights and interests of a network or of another party.

The subscriber has the right to receive each and every service provided by the access network work unit and is obliged to pay the required fees.

ARTICLE 19

Work units that provide international exit/entry channel(s), Chinese internetwork work units and access network work units should save all information and data relating to the respective services that they perform. When the LGI Office and the pertinent responsible departments carry out an inspection, the relevant data and information should be provided in a timely manner by the work unit that offers services.

Work units that provide international exit/entry channel(s) and Chinese internetwork work units should submit reports in February of each year to the LGI Office regarding the operation of their respective networks, expansion of services provided, and the management of their respective organizations during the previous year.

ARTICLE 20

Chinese internetwork work units, access network work units and subscribers should observe the pertinent state laws and administrative regulations, strictly implementing the national security and secrecy system. Chinese internetwork work units, access network work units and subscribers are not permitted to use international internetworks to engage in illegal criminal activities such as damaging national security and disclosing national secrets. Nor are they permitted to produce, consult, reproduce or disseminate pernicious information such as information that is harmful to public security or pornographic materials. When pernicious information is discovered, it should promptly be reported to the pertinent responsible department, and effective measures should be taken to prevent proliferation of the information.

ARTICLE 21

A specialized computer information network that takes part in an international internetwork is not permitted to operate an Internet business.

Enterprise computer information networks and other computer information networks that take part in an international internetwork by means of dedicated lines are restricted to in-house use. The work unit responsible for running a specialized computer information network, an enterprise computer information network, or any other computer information network that takes part in an international internetwork by means of dedicated lines should set up a network management center, strengthen the management system and do a good job of managing network infosec—all with reference to the measures stipulated herein.

ARTICLE 22

A party that violates the stipulations contained in Article 7 and the first paragraph of Article 10 of these measures will be instructed by public security organs to shut down its internetwork and also may be assessed a fine of up to 15,000 Renminbi. In addition, any income obtained by illegal means will be confiscated.

A party that violates the stipulations contained in Article 11 of these measures and engages in international internetwork business activities without obtaining an international internetwork business operations license will be issued a warning by public security organs and must obtain a business operations license within a certain period of time.

A party that does not obtain the business operations license within the specified time period will be instructed to shut down its internetwork. In addition, any income obtained by illegal means will be confiscated.

An individual that violates the stipulations contained in Article 12 of these measures will be assessed a fine of up to 5,000 RMB by public security organs. A subscribing legally incorporated entity or other subscribing organization that violates the stipulations contained in Article 12 of these measures will be issued a warning by public security organs and also may be assessed a fine of up to 15,000 RMB.

A party that violates the stipulations contained in the first paragraph of Article 18 of these measures will be punished by public security organs in accordance with the relevant laws and regulations.

A party that violates the stipulations contained in the first paragraph of Article 21 of these measures will be issued a warning by public security organs and also may be assessed a fine of up to 15,000 RMB. In addition, any income obtained by illegal means will be confiscated.

A party that violates the stipulations contained in the second paragraph of Article 21 of these measures will be issued a warning by public security organs and also may be assessed a fine of up to 15,000 RMB. In addition, any income obtained by illegal means will be confiscated.

ARTICLE 23

A party that violates The Temporary Provisions and the measures stipulated herein, and in addition violates other related laws and administrative regulations will be punished according to the stipulations in the pertinent laws and administrative regulations. A thorough investigation of the criminal liability of a party that commits criminal acts will be carried out in accordance with the law.

ARTICLE 24

Internetworks connected with computer information networks in the Hong Kong Special Administrative Region or the regions of Taiwan or Macao should be administered with reference to these measures.

ARTICLE 25

These measures are effective as of the date of issue.