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MEASURES FOR ADMINISTRATION OF E-MAIL SERVICE ON INTERNET

Ministry of Information Industry

Decree No.38 of the Ministry of Information Industry of the People's Republic of China

No.38

Measures for Administration of E-mail Service on Internet have been adopted at the fifteenth Ministerial Conference of the Ministry of Information Industry on November 7, 2005, and are hereby published and come into effect on March 30, 2006.

Minister, Wang Xudong

February 20, 2006

Measures for Administration of E-mail Service on Internet

Article 1

These Measures are formulated in accordance with the provisions of Telecommunication Regulations of the People's Republic of China and Measures for Administration of Internet Information Service and relative laws and administrative laws and regulations for the purposes of regulating E-mail service on internet, safeguarding the legitimate rights of the users of E-mail service on internet.

Article 2

These Measures apply to providing E-mail service on internet, and providing access service and sending Internet E-mail for E-mail service on internet in the territory of the People's Republic of China.

E-mail service on internet in terms of these Measures means the activity to establish servers of Internet E-mail and provide conditions for internet users to send and receive E-mail on internet.

Article 3

the communication secret of the citizens to use E-mail service on internet shall be under the protection of law. No organization or individual shall violate citizens' communication secret with any reasons except that when the public security agency or procuratorial organ checks up the content of the communication for the needs of national safety or finding out criminal offence according to the procedures prescribed by law.

Article 4

Providing E-mail service on internet should obtain business license for value added telecommunication service or go through record formalities for non-operational information service on internet according to law.

No organization or individual should be engaged in E-mail service on internet in the territory of the People's Republic of China before obtaining business license for value added telecommunication business or going through record formality for non business information service on internet.

Article 5

The providers for internet access service and other providers for telecommunication service shall not provide internet access service for any organizations or individuals that have not obtained business license for value added telecommunication business or have not gone through the record formality for non-operational internet information service to carry out E-mail service on internet.

Article 6

The state shall register the IP address of E-mail server of the provider for E-mail service on internet for administration. The provider for E-mail service on internet shall register the IP address used for E-mail server on internet in the Ministry of Information Industry of the People's Republic of China (MII) or Telecommunication Administration of the provinces, autonomous regions or municipalities directly under the Central Government (TA) 20 days before an E-mail server is opened.

The provider for E-mail service on internet shall, if planning to change the IP address of Internet E-mail, go through change formality 30 days in advance.

Article 7

The provider for E-mail service on internet shall, according to the technical standard laid down by the Ministry of Information Industry, establish the system of E-mail service on internet, close anonymous transmissive function of E-mail server, and improve the administration of the safety of E-mail service system. Security measures should be taken as soon as any safety loopholes are found.

Article 8

The providers for E-mail service on internet shall, while providing service to the consumers, inform the consumers of the content of service and rules for use.

Article 9

The providers for E-mail service on internet have the duty to maintain secrecy about the consumers' personnel registration information and E-mail address on internet.

The providers for E-mail service on internet and their staffs should not use illegally the consumers' personnel registration information and E-mail address on internet, and without the consumers' permission, should not leak the consumers' personnel registration information and E-mail address on internet except for the circumstances stipulated separately by law and administrative law and regulations.

Article 10

The providers for E-mail service on internet shall note down the time of sending or receiving Internet E-mail, E-mail address on internet and IP address of the persons sending and receiving the E-mail of the Internet E-mail sent or received through their E-mail server. Above record should be kept for sixty days and should be provided to the relevant agency of the state for the examination according to law.

Article 11

No organization or individual shall produce, copy, publish or spread the Internet E-mail as prescribed in Article 57 of Telecommunication Regulations of the People's Republic of China.

No organization or individual shall be engaged in the activities harming the safety of network and information as prohibited in Article 58 of Telecommunication Regulations of the People's Republic of China.

Article 12

No organization or individual shall have any of following activities:

1.

Making use of others' computer system to send internet E-mail without any authorization; or

2.

Sell, share or exchange others' E-mail address on internet obtained by means of automatically collection on line, willfully combination of letters or numerals, or send internet E-mails to the internet E-mail address obtained by above means.

Article 13

No organization or individual shall have any of following activities of sending internet E-mail or authorizing others to send Internet E-mail:

1.

Intentionally suppressing or forging envelope information of Internet E-mail;

2.

Without explicit agreement of the receiver of Internet E-mail, sending Internet E-mail containing the content of business advertisement thereto; or

3.

Do not give clear indication of the word "advertisement" or "AD" in front of the tile of Internet E-mail when sending internet E-mail containing the content of business advertisement.

Article 14

Where a receiver of internet E-mail agrees clearly to receive the internet E-mail containing the content of business advertisement, but refuses to receive it, internet E-mail sender shall stop sending it except that there is an agreement between the both sides.

The sender for internet E-mail service shall, while sending internet E-mail containing the content of business advertisement, provide the contact information to the receiver for refusing to receive it continuously, including the internet E-mail address of the sender, and guarantee that the contact information is valid within 30 days.

Article 15

The provider for internet E-mail service and the telecommunication provider providing access service for internet E-mail service should accept and handle the users' complaints on internet E-mail and provide direct and simple way for the informants.

Article 16

The provider for internet E-mail service and the telecommunication provider providing access service for internet E-mail service shall handle the consumers' complaints according to following requirements:

1.

Where an informed internet E-mail containing clearly the content that is prohibited as prescribed in Article 11 , Section 1 of these Measures is found, it should be reported to relevant agency of the state;

2.

All the informed internet E-mail except for the E-mail prescribed in Section 1 of this Article should be reported to Internet E-mail Informant Center established by China Internet Association with the authorization of the MII (IEIC); and

3.

Where an informed internet Email referring to this unit, an investigation should be carried out immediately, reasonable and effective looking-out or treatment measures should be taken, and the result of relevant information and investigation should be reported in time to the relevant agency of the state or IEIC.

Article 17

IEIC shall, according to the rules and process worked out by the MII, carries out following works:

1.

Accept and handle the complaints on internet E-mail;

2.

Assist MII or TA to confirm whether the informed internet E-mail violates the provisions of related clauses of these Measures, and assist to find out corresponding responsible persons; and

3.

Assist relative agency of the state to find out corresponding responsible persons violating the provisions of Article 11 of these Measures.

Article 18

The provider for internet E-mail service and telecommunication business provider providing access service for internet E-mail service shall cooperate positively with relevant agency of the state and IEIC in relevant investigation.

Article 19

Whoever violates the provisions of Article 4 of these Measures to be engaged in internet E-mail service without the license of value added telecommunication business or without going through record formalities for non-operational internet information service should be punished according to the provisions of Article 19 of Measures for Administration of Internet Information Service.

Article 20

Whoever violates the provisions of Article 5 of these Measures should be ordered to make correction by MII or TA according to its function and power, and a fine of less than 10 thousand Yuan should be imposed.

Article 21

Whoever does not perform the obligations stipulated in Article 6 , 7, 8 and 10 of these Measures should be ordered to make correction by MII or TA and a fine of more than 5 thousand Yuan and less than 10 thousand Yuan should be imposed.

Article 22

Whoever violates the provisions of Article 9 of these Measures should be ordered to make correction by MII or TA and a fine of less than 10 thousand Yuan should be imposed. Whoever has obtained illegal income should be imposed a fine of less than 30 thousand Yuan.

Article 23

Whoever violates the provisions of Article 11 of these Measures should be punished according to the provisions of Article 67 of Telecommunication Regulations of the People's Republic of China.

Where any providers for internet E-mail service and any other telecommunication providers have the prohibited activities as stipulated in Article 11 of these Measures, MII or TA shall give them punishment according to the provisions of Article 78 of Telecommunication Regulations of the People's Republic of China and Article 20 of Measures for Administration of Internet Information Service.

Article 24

Whoever violates the provisions of Article 12 , 13 and 14 of these Measures should be ordered to make correction by MII or TA and a fine of less than 10 thousand Yuan should be imposed. Whoever has illegal income should be imposed a fine of less than 30 thousand Yuan.

Article 25

Whoever violates the provisions of Article 15 , 16 and 18 of these Measures should be given a warning by MII or TA according to its function and power and a fine of more than 5 thousand Yuan and less than 10 thousand Yuan should be imposed.

Article 26

Internet E-mail address in terms of these measures refers to the only endpoint identifier in the world which is used to send internet E-mails to the consumers of E-mail on internet.

Envelope information of internet E-mail in terms of these Measures refers to the information that is attached to internet E-mail and used for identifying sender, receiver and route, showing the source, destination and transmitting process of the E-mail.

The tile information of internet E-mail in terms of these Measures refers to the information attached to internet E-mail used for identifying the content of internet E-mail.

Article 27

These Measure shall come into effect as of March 30, 2006.

  Ministry of Information Industry 2006-02-20  


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