INTERIM PROVISIONS ON THE REGULATION OF COMPUTER NETWORKS AND THE INTERNET

(Issued by the Secretary Bureau of the State Council
General Office on February 1, 1996)

SUBJECT: ENTERPRISES WITH FOREIGN INVESTMENT

ISSUING-DEPT: SECRETARY BUREAU OF THE STATE COUNCIL

ISSUE-DATE: 02/01/1996

IMPLEMENT-DATE: 02/01/1996

LENGTH: 817 words

TEXT:

Article 1. These ordinances strengthen regulations on computer information networks (CINs) that connect to the Internet and ensure the proper expansion of international computer information exchanges.

Article 2. CINs that connect to the Internet within the borders of the PRC should follow these regulations.

Article 3. The meanings of phrases used in these regulations are:

1. CINs Connecting To The Worldwide Internet (CTWI) refers to CINs within PRC borders connecting to foreign CINs in order to facilitate international information exchange.
2. The Internet refers to the CIN directly connecting to CTWI; network connecting units refer to units responsible for the operation of interconnecting networks.
3. Entering the network means connecting to the Internet’s CIN through an entry point; entry point units are those units responsible for the operation of entry points.

Article 4. With regard to connecting to the Internet, the state will act according to the objectives of establishing general plans, unifying standards, facilitating divisional management and promoting expansion.

Article 5. The State Council’s Economic Information Leadership Group (LG) is responsible for mediating and resolving major problems in CTWI work. The office of the LG will set up specific measures according to these regulations, clearly listing and explaining the rights, duties and responsibilities of units providing international information entry and exit channels, network connecting units, entry point units and users. The LG will also be responsible for the monitoring and inspection of CTWI work.

Article 6. CINs directly completing CTWI must use the international information entry and exit channels provided by the Ministry of Posts and Telecommunications (MPT)’s public telecom network. No unit or individual may independently establish or utilize other channels to complete CTWI.

Article 7. Networks that are already established will be managed by the MPT, the Ministry of Electronics Industry, the National Education Council, or the Chinese Academy of Sciences. The State Council must approve newly established networks.

Article 8. Computer networks intended for connection to international computer networks should be connected via the Internet. Organizations intended to be network connecting units should report to relevant supervisory departments or units and apply for inspection and permission. When applying for inspection and permission, organizations should furnish information such as the nature of their CIN, scope of usage and necessary domain names.

Article 9. Entry point units must have the following qualifications:

1. They must be legally established corporations or institutions.
2. They must have related CIN, equipment and technological and administrative personnel.
3. They must have a sound set of systems and procedures that ensure safety, safeguard secrecy and protect technologies.
4. They must also obey laws and regulations of the country as well as requirements set up by the State Council.

Article 10. Computers and other CINs belonging to individuals, legal persons and other organizations (hereafter referred to as "users" in this document) must connect to the Internet through an entry point network. They must apply for the permission of the entry point unit and undergo registration procedures.

Article 11. Units providing international information entry and exit channels, network connecting units as well as entry point units should establish related network management centers. They should strengthen regulation of their own units and users, safeguard network information security, and ensure satisfactory and safe services.

Article 12. Network connecting units and entry point units should be responsible for the technological training and managerial education of their own units and users.

Article 13. Units and individuals involved in CTWI services should obey the laws and regulations of the country and strictly comply with measure to maintain security and secrecy. 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 threatens social stability and promotes sexually suggestive material.

Article 14. Violators of Articles 6, 8, and 10 will be warned, publicly criticized, then forced to terminate networking activities, and may be fined a maximum of RMB 15,000 (US$1,800) by a public security organization, perhaps at the suggestion of other units in the industry.

Article 15. Violators of these regulations and other related laws and regulations will be penalized according to relevant laws and regulations; Offenses deemed criminal will be prosecuted.

Article 16. These regulations should be consulted with regard to the implementation of the security, protection and management of CINs connecting to networks in the Hong Kong Special Administrative Region as well as to networks in Taiwan and Macao.

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