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| Category | PUBLIC SECURITY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1997-12-16 | Effective Date | 1997-12-30 |
|
Measures for Security Protection Administration of the International Networking of Computer Information Networks |
|---|
Article 1 These Measures are formulated in accordance with the provisions
of the Regulations of the People's Republic of China for the Security
Protection of Computer Information Systems, Interim Provisions of the
People's Republic of China on the Administration of the Internattional
Networking of Computer Information Networks and other laws and administrative
regulations with a view to strengthening the security protection of the
Internattional networking of computer information networks and maintaining
public order and social stability.
Article 2 These Measures shall be applicable to the security protection
administration of the internattional networking of computer information
networks within the territory of the People's Republic of China.
Article 3 The agency of computer administration and supervision under
the Ministry of Public Security shall be responsible for the work of security protection administration of the internattional networking
of computer information networks.
Agencies of computer administration and supervision of public security
organs should protect the public security of the internattional networking of computer information networks and safeguard the legitimate
rights and
interests of units and individuals engaging in international networking
businesses and public interest.
Article 4 No unit or individual shall use the international networking
to endanger state security, divulge state secrets, nor shall it/he/she
infringe on national, social and collective interests and the legitimate
rights and interests of citizens, nor shall it/he/she engage in illegal
criminal activities.
Article 5 No unit or individual shall use the international networking
to produce, duplicate, search and disseminate the following information:
(1)information that instigates the resistance and disruption of the
implementation of the Constitution, laws and administrative regulations;
(2)information that instigates the subversion of the state political
power and overthrow of the socialist system;
(3)information that instigates the splitting up of the country and
sabotage of national unity;
(4)information that instigates hatred and discrimination among
nationalities and sabotages solidarity among nationalities;
(5)information that fabricates or distorts facts, spreads rumours and
disrupts social order;
(6)information that propagates feudalistic superstitutions, obscenity,
pornorgraphy, gambling, violence, murder and terror and instigates crimes;
(7)information that openly insults others or fabricates facts to slander
others;
(8)information that damages the reputation of state organs; and
(9)other information that violates the Constitution, laws and
administrative regulations.
Article 6 No unit or individual shall engage in the following activities
endangering the security of computer information networks:
(1)access to computer information networks or use of computer information
network resources without permission;
(2)deletion, revision or addition of computer information network
functions without permission;
(3)deletion, revision or addition of the data and applied procedures in
memory, processing or transmission in computer information networks without
permission;
(4)deliberate production and spread of computer viruses and other
disruptive programs;
(5)other activities that endanger computer information network security.
Article 7 Users' freedom of communication and communications secrecy Article 8 Units and individuals engaging in the international networking Article 9 Supply units of international exit and entry channels, the Article 10 Internetworking units, receiving units and legal persons (1)to be responsible for the work of security protection administration (2)to implement technical measures for security protection to ensure the (3)to be responsible for the security education and training of the users (4)to register the units and individuals that entrust it to publish (5)to establish user registration and information management system of computer information network electronic
announcement system; (6)to preserve the relevant original records upon discovery of any of the (7)to delete the addresses and contents in the network containing Article 11 A user should fill in the user record form when going through Article 12 Internetworking units, receiving units, legal persons and The units listed in the preceding paragraph shall be responsible to Article 13 Registrants that use public account numbers should strengthen Article 14 The units involving such important fields as state affairs, Corresponding security protection measures shall be taken in the computer Article 15 Public security departments(bureaus) of the provinces, Article 16 Computer administration and supervision agencies of public Article 17 Computer administration and supervision agencies of public While computer administration and supervision agencies of public security Article 18 Computer administration and supervision agencies of public Article 19 Computer administration and supervision agencies of public Article 20 Whoever commits any of the acts listed in Articles 5 and 6 Article 21 Whoever commits any of the following acts shall be ordered (1)failure to establish rules for security protection administration; (2)failure to take technical protective measures for security; (3)failure to conduct security education and training of network users; (4)failure to provide information, materials and data documents required (5)failure to carry out scrutiny of the contents of the information (6)failure to establish user registration and information management (7)failure to delete the website addresses, contents or shut down the (8)failure to establish the registration system for the use of public (9)lending and transfer of user account numbers. Article 22 Whoever violates the provisions of Articles 4 and 7 of these Article 23 Whoever fails to fulfil the responsibilities of putting Article 24 Security protection administration of computer information Article 25 These Measures shall enter into force as of December 30, 1997.
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are protected by law. No unit or individual shall use the internattional
networking to infringe on users' freedom of communication and communications
secrecy in violation of the provisions of law.
Chapter II Security Protection Liability
businesses should accept security supervision, inspection and guidance of
public security organs, truthfully provide relevant information, materials
and documents on data to public security organs, and assist public security
organs in investigating and handling illegal criminal acts through
international networking of computer information networks.
competent departments or the competent units of internetworking units should,
in pursuance of the relevant provisions of law and the state, be responsible
for the work of security protection of international exit and entry channels
and the subordinate internetworking.
and other organizations that use the internattional networking of computer
information networks should fulfil the following security protection
responsibilities:
of the network and establish and perfect rules for security protection
administration.
operational security and information security of the network;
of the network;
information and carry out scrutiny of the contents of the information provided
in accordance with Article 5 of these Measures;
circumstances listed in Articles 4, 5, 6 and 7 of these Measures and report
to the local public security organ within 24 hours; and
contents of Article 5 of these Measures or close down the server in pursuance
of relevant provisions of the state.
the formalities of access to the network at the receiving unit. The record
form shall be made under the supervision of the Ministry of Public Security.
other organizations that use the internattional networking of computer
information networks(including cross-province, cross-autonomous region and
cross-municipality directly under the Central Government internetworking units
and their susbordinate branches) should, within 30 days starting from the date
of formal hooking up of the network, go through the formalities for the record
at the processing agencies designated by the public security organs of
people's governments of the provinces, autonomous regions and municipalities
directly under the Central Government wherein the units are located.
report the information on the receiving units and users hooked up to the
network to local public security organs and report in time changes in the
receiving units and users of the network.
the management of the public account numbers and establish the registration
system of account number use. No user account number shall be lended or
transferred.
economic construction, national defense construction, highly sophisticated
science and technology and others shall, while going through the formalities
for the record, present the proof of examination and approval of its competent
administrative department.
information networks and international networking of units listed in the
preceding paragraph.
Chapter III Security Supervision
autonomous regions and municipalities directly under the Central Government
should have correspondidng agencies to be responsible of the work of security
protection administration of international networking.
security organs should keep themselves abreast of the record information of the networking units, receiving units and users, establish
record files,
make record statistics and report level by level in accordance with relevant
state provisions.
security organs should supervise and urge the networking units, receiving
units and relevant users to establish and perfect the security protection
administration system, supervise and inspect the state of implementation of network security protection administration and the technical
measures.
organs organize security inspections, the units concerned should despatch
persons to participate. Computer administration and supervision agencies of public security organs should come up with suggestions
for improvement
with respect to problems discovered in security inspections and make
detailed minutes for the file for future reference.
security organs should notify the units concerned to close down or delete
them on the discoery of the addresses, contents or servers listed in Article 5
of these Measures.
security organs should be responsible to keep track of and investigate and
handle the illegal acts through computer information networks and criminal
cases directed against computer information networks, and should transfer
the cases to the departments concerned or the judicial organs for handling
in pursuance of relevant state provisions with respect to illegal criminal
acts stipulated in Article 4 and Article 7 of these Measures.
Chapter IV Legal Liability
of these Measures in violation of laws and administrative regulations shall
be administered a warning by the public security organ; where there is illegal
gains, the illegal gains shall be confisticated, a fine of less than RMB
5,000 Yuan may concurrently be imposed on an individual and a fine of less
than RMB 15,000 Yuan may concurrently be imposed on a unit; where the
circumstances are serious, the penalty of suspension of networking and
computers for consolidation within 6 months may concurrently be imposed,
and when necessary a proposal may be sent to the original licensing,
examination and approval authority to revoke the business license or
nullify the networking qualifications; where acts in violation of public
security administration has been constituted, penalties shall be imposed
in pursuance of the regulations for public security administration penalties;
where a crime has been constituted, criminal liability shall be investigated
in accordance with law.
by the public security organ to make a rectification within the specified
time period, administered a warning and confisticated of the illegal gains
where there is illegal gains; where no rectification has been made within
the specified time period, the person-in-charge and other persons directly
responsible of the unit may be imposed a fine of less than RMB 5,000 Yuan,
and a fine of less than RMB 15,000 Yuan may concurrently be imposed on the
unit; where the circumstances are serious, the penalty of suspension of networking and shutting down of computers for consolidation
within 6 months
may be imposed, when necessary a proposal may be sent to the original
licensing, examination and approval authority to revoke the business license
or nullify the networking qualifications.
for security protection administration or the contents provided are untrue;
entrusted for publication or failure to register the entrusting units or
individuals;
system for electronic announcement systems;
servers in pursuance of relevant state provisions;
account numbers; and
Measures shall be imposed a penalty in pursuance of the relevant laws and
regulations.
on record in violation of the provisions of Articles 11 and 12 of these
Measures shall be administered a warning or imposed a penalty of shutting
down the computers for consolidation not exceeding 6 months by the public
security organ.
Chapter V Supplementary Provisions
networks hooked up with the Hong Kong Special Administrative Regions and
the regions of Taiwan and Macau shall be implemented with reference to
these Measures.
URL: http://www.asianlii.org/cn/legis/cen/laws/mfspaotinocin1194