Measures of China Municipality on the Administration of Urban Internet Domain Names
Measures for the administration of filing of non-operating Internet information services
Measures for the administration of internet IP address filing
Measures for the administration of electronic certification services
Provisions on the Administration of Internet News Information Services
Measures for the administrative protection of Internet copyright
Regulations on the protection of information network communication rights
Provisions on the Administration of Internet Bulletin Board Services
Decree No.3 of People's Republic of China (PRC) Ministry of Information Industry
The "Regulations on the Administration of Internet Bulletin Board Services" was adopted at the 4th ministerial meeting on October 8th, 2000/KLOC-0 for 65438 times, and is hereby promulgated and shall come into force as of the date of promulgation.
Wu Jichuan, Minister of Information Industry
Article 1 In order to strengthen the administration of Internet announcement services (hereinafter referred to as announcement services), standardize the information release behavior of electronic announcements, safeguard national security and social stability, and safeguard the legitimate rights and interests of citizens, legal persons and other organizations, these Provisions are formulated in accordance with the provisions of the Measures for the Administration of Internet Information Services.
Article 2 These Provisions shall apply to the development of bulletin board services and the release of information through electronic announcements within the territory of People's Republic of China (PRC).
The term "bulletin board service" as mentioned in these Provisions refers to the act of providing information release conditions for Internet users in interactive forms such as electronic bulletin boards, electronic whiteboards, electronic forums, online chat rooms and message boards.
Article 3 A bulletin board service provider shall abide by laws and regulations, strengthen industry self-discipline, and accept the supervision and inspection carried out by the Ministry of Information Industry, telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government and other relevant competent departments according to law.
Article 4 Internet users who use the bulletin board service system shall abide by laws and regulations and be responsible for the information released.
Article 5 Those who are engaged in Internet information services and intend to develop bulletin board services shall apply for a special application or special filing when applying to the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government or the Ministry of Information Industry for the business license of Internet information services or the filing of non-operating Internet information services. If the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government or the Ministry of Information Industry meet the requirements after examination, they shall be approved or put on record together with the Internet information service within the specified time, and shall be specially indicated in the business license or filing documents; Do not meet the conditions, shall not be approved or filed, notify the applicant in writing and explain the reasons.
Article 6 To carry out bulletin board services, in addition to the conditions stipulated in the Measures for the Administration of Internet Information Services, the following conditions shall be met:
(a) bulletin board services have certain categories and columns;
(2) Having a perfect bulletin board service system;
(3) There are security measures for bulletin board services, including Internet user registration procedures, Internet user information security management system and technical support facilities;
(4) Having corresponding professional managers and technicians who can effectively manage bulletin board services.
Article 7 An Internet information service provider that has obtained a business license or gone through the filing formalities and intends to provide bulletin board services shall submit a special application or special filing to the original license or filing authority.
The telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government or the Ministry of Information Industry shall complete the examination within 60 days from the date of receiving the special application or special filing materials. If it meets the requirements after examination, it shall be approved or put on record, and it shall be specially indicated in the business license or filing documents; Do not meet the conditions, shall not be approved or filed, notify the applicant in writing and explain the reasons.
Eighth without special approval or special filing procedures, no unit or individual may carry out bulletin board services without authorization.
Article 9 No one may publish information containing one of the following contents in the announcement service system:
(a) Violating the basic principles stipulated in the Constitution;
(two) endangering national security, revealing state secrets, subverting state power and undermining national unity;
(3) damaging the honor and interests of the state;
(4) Inciting national hatred and discrimination and undermining national unity;
(5) sabotaging the state's religious policy and propagating cults and feudal superstitions;
(six) spreading rumors, disrupting social order and undermining social stability;
(7) spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime;
(8) Insulting or slandering others and infringing upon their legitimate rights and interests; (9) Other contents prohibited by laws and administrative regulations.
Article 10 A bulletin board service provider shall publish the business license number or record number and bulletin board service rules in a prominent position in the bulletin board service system, and remind netizens of the legal responsibilities they need to bear when publishing information.
Eleventh bulletin board service providers shall provide services in accordance with the categories and columns approved or filed, and shall not provide services beyond the categories or set up separate columns.
Article 12 A bulletin board service provider shall keep the personal information of Internet users confidential, and shall not disclose it to others without the consent of Internet users, except as otherwise provided by law.
Article 13 Where a bulletin board service provider finds that its bulletin board service system obviously belongs to one of the information contents listed in Article 9 of these Measures, it shall immediately delete it, keep relevant records and report to the relevant state organs. Article 14 A bulletin board service provider shall record the information content published by the bulletin board service system and its publication time, Internet address or domain name. The record backup shall be kept for 60 days and provided when the relevant state organs inquire according to law.
Article 15 Internet access service providers shall record information such as Internet users' online time, user account number, Internet address or domain name, calling telephone number, etc., and the record shall be kept for 60 days, which shall be provided when relevant state organs make inquiries according to law.
Article 16 Whoever, in violation of the provisions of Articles 8 and 11 of these Provisions, provides announcement services without authorization or beyond the categories or columns approved or filed shall be punished in accordance with the provisions of Article 19 of the Measures for the Administration of Internet Information Services.
Seventeenth in the bulletin board service system, there is one of the information content stipulated in Article 9 of these Provisions, and it shall be punished according to the provisions of Article 20 of the Measures for the Administration of Internet Information Services.
Article 18 Whoever, in violation of the provisions of Article 10 of these Provisions, fails to publish the business license number or record number, the bulletin board service rules, or fails to remind Internet users that publishing information requires legal responsibility, shall be punished in accordance with the provisions of Article 22 of the Measures for the Administration of Internet Information Services.
Article 19 Whoever, in violation of the provisions of Article 12 of these Provisions, illegally divulges personal information of Internet users to others without the consent of others shall be ordered to make corrections by the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central Government; Anyone who causes damage or loss to Internet users shall bear legal responsibility according to law. Article 20 Whoever fails to fulfill the obligations stipulated in Articles 13, 14 and 15 of these Provisions shall be punished in accordance with the provisions of Articles 21 and 23 of the Measures for the Administration of Internet Information Services.
Twenty-first before the implementation of these Provisions, the bulletin board service has been carried out, and the special application or special filing procedures shall be handled within 60 days from the date of implementation of these Provisions.
Article 22 These Provisions shall come into force as of the date of promulgation.
The National People's Congress Standing Committee (NPCSC)'s Decision on Maintaining Internet Security
On February 28th, 2000, the 19th meeting of the 9th NPC Standing Committee adopted the Decision of NPC Standing Committee on Maintaining Internet Security. The following is the full text of the Decision:
Decision of NPC Standing Committee on Maintaining Internet Security
(Adopted at the 19th meeting of the Ninth NPC Standing Committee on February 28th, 2000, 65438+)
China Internet, which is strongly advocated and actively promoted by the state, has been widely used in economic construction and various undertakings, which has caused profound changes in people's production, work, study and lifestyle, and played an important role in accelerating the national economy, scientific and technological development and social service informationization process in China. At the same time, how to ensure the operation security and information security of the Internet has aroused widespread concern in the whole society. In order to promote the advantages and eliminate the disadvantages, promote the healthy development of China's Internet, safeguard national security and social interests, and protect the legitimate rights and interests of individuals, legal persons and other organizations, the following decisions are made:
1. In order to ensure the safe operation of the Internet, any of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:
(1) Invading computer information systems in the fields of state affairs, national defense construction and cutting-edge science and technology;
(2) Deliberately making and spreading destructive programs such as computer viruses to attack computer systems and communication networks, causing damage to computer systems and communication networks;
(three) in violation of state regulations, the computer network or communication service is interrupted without authorization, resulting in the normal operation of the computer network or communication system.
Two, in order to maintain national security and social stability, one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law:
(a) using the Internet to spread rumors, slander or other harmful information, inciting subversion of state power, overthrowing the socialist system, or inciting secession and undermining national unity;
(2) Stealing or disclosing state secrets, intelligence or military secrets through the Internet;
(three) using the Internet to incite national hatred and discrimination and undermine national unity;
(4) using the Internet to organize cult organizations and contact members of cult organizations, thereby undermining the implementation of national laws and administrative regulations.
3. In order to maintain the order of the socialist market economy and social management, if one of the following acts constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law: (1) using the Internet to sell fake and inferior products or make false propaganda on goods and services;
(two) using the Internet to damage the commercial reputation and commodity reputation of others;
(three) the use of the Internet to infringe upon the intellectual property rights of others;
(4) fabricating and disseminating false information that affects securities and futures trading or disrupts financial order by using the Internet;
(five) the establishment of obscene websites and web pages on the Internet, providing links to obscene websites, or disseminating obscene books, films, audio-visual and pictures.
Four, in order to protect the legitimate rights of individuals, legal persons and other organizations, one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:
(a) using the Internet to insult others or fabricate facts to slander others;
(two) illegal interception, tampering, deletion of other people's e-mail or other data, infringing on citizens' freedom and privacy of communication;
(three) using the Internet for theft, fraud, extortion.
Five, the use of the Internet to implement other acts other than those listed in Articles 1, 2, 3 and 4 of this decision, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Six, the use of the Internet to carry out illegal acts, in violation of social security management, does not constitute a crime, the public security organs shall be punished in accordance with the "Regulations on administrative penalties for public security"; Violation of other laws and administrative regulations, which does not constitute a crime, shall be given administrative punishment by the relevant administrative departments according to law; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions according to law.
Anyone who uses the Internet to infringe upon the legitimate rights and interests of others and constitutes a civil infringement shall bear civil liability according to law.
Seven, people's governments at all levels and relevant departments should take active measures to promote the application of the Internet and the popularization of network technology, attach importance to and support the research and development of network security technology, and enhance the ability of network security protection. The relevant competent departments should strengthen the publicity and education of Internet operation safety and information safety, implement effective supervision and management according to law, prevent and stop all kinds of illegal activities using the Internet, and create a good social environment for the healthy development of the Internet. Units engaged in Internet business shall carry out activities according to law. When illegal and criminal acts and harmful information appear on the Internet, measures should be taken to stop spreading harmful information and report to relevant departments in time. When using the Internet, any unit or individual should abide by the law and resist all kinds of illegal and criminal acts and harmful information. The people's courts, people's procuratorates, public security organs and state security organs shall perform their respective duties and cooperate closely to crack down on various criminal activities carried out by using the Internet according to law. It is necessary to mobilize the strength of the whole society and rely on the joint efforts of the whole society to ensure the operation safety and information safety of the Internet and promote the construction of socialist spiritual civilization and material civilization.
November 22nd, 2006
Decision of the Supreme People's Court on Amending the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes (II)
(Adopted by the Judicial Committee of the Supreme People's Court at its1406th meeting on 20 October 2006)
According to the provisions of Article 58 of the Copyright Law of People's Republic of China (PRC) and the Regulations on the Protection of Information Network Communication Rights, the the Supreme People's Court Judicial Committee decided at its1406th meeting to make the following amendments to the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Computer Network Copyright Disputes:
Delete Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Cases Involving Copyright Disputes in Computer Networks.
According to this decision, the order of the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes is adjusted accordingly and re-promulgated.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Copyright Disputes in Computer Networks
Fa Shi [2006]No. 1 1
(On 22 October 20001144th meeting of the Supreme People's Court Judicial Committee adopted the Decision on Amending the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Computer Network Copyright Disputes according to the meeting of the Supreme People's Court Judicial Committee on 23 February 2003). According to the decision of the the Supreme People's Court Judicial Committee at its meeting11406th on October 20th, 2006, the second revision was made).
In order to correctly hear cases involving computer network copyright disputes, according to the provisions of the General Principles of the Civil Law, the Copyright Law and the Civil Procedure Law, some issues concerning the application of law to such cases are explained as follows:
Article 1 Internet copyright infringement disputes shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile. Infringement sites include the locations of network servers, computer terminals and other equipment that carry out the alleged infringement. If it is difficult to determine the place of infringement and the defendant's domicile, the location of the computer terminal and other equipment where the plaintiff found the infringing content can be regarded as the place of infringement.
Article 2 The works protected by the Copyright Law include the digital forms of various works specified in Article 3 of the Copyright Law. The people's court shall protect other intellectual creations that are not within the scope of works listed in Article 3 of the Copyright Law under the network environment, but are original in the fields of literature, art and science and can be reproduced in some tangible form.
Article 3 If an Internet service provider participates in other people's copyright infringement through the Internet, or instigates or helps others to commit copyright infringement through the Internet, the people's court shall, in accordance with the provisions of Article 130 of the General Principles of the Civil Law, investigate its joint tort liability with other actors or those who directly commit the infringement.
Article 4 If a network service provider who provides content services fails to take measures such as deleting the infringing content to eliminate the infringing consequences, knowing that the network users have infringed the copyright of others through the network, or after being warned by the copyright owner with definite evidence, the people's court shall, in accordance with the provisions of Article 130 of the General Principles of the Civil Law, determine that it bears the same tort liability as the network users.
Article 5 If an Internet service provider providing content services refuses to provide the registered information of the infringer whose copyright owner requests to investigate the infringer's tort liability on its network without justifiable reasons, the people's court shall investigate the corresponding tort liability according to the provisions of Article 106 of the General Principles of the Civil Law.
Article 6 If an Internet service provider intentionally uploads, disseminates or provides methods, equipment or materials specially used to deliberately evade or destroy other people's copyright technical protection measures, the people's court shall investigate the civil tort liability of the Internet service provider according to the litigant's claims and specific cases and in accordance with the provisions of Item (6) of Article 47 of the Copyright Law.
Article 7 If the copyright owner fails to show the identity certificate, the copyright ownership certificate and the infringement certificate when warning the internet service provider about the infringement information or requesting the infringer to register the information online, it shall be deemed that he has not given the warning or requested.
If the Internet service provider still fails to take measures after the copyright owner produces the above-mentioned certificate, the copyright owner may apply to the people's court for an order to stop the relevant behavior, pre-litigation property preservation and evidence preservation, or apply to the people's court for an order to stop the infringement, remove the obstruction and eliminate the influence in accordance with the provisions of Articles 49 and 50 of the Copyright Law, and the people's court shall give permission.
Article 8 After the copyright owner gives a warning with definite evidence, the Internet service provider takes measures such as deleting the alleged infringing content. If the alleged infringer demands the Internet service provider to bear the liability for breach of contract, the people's court will not support it.
If the copyright owner's accusation of infringement is untrue and the alleged infringer requests compensation for the losses caused by the measures taken by the network service provider, the people's court shall order the person who gave the warning to bear the liability for compensation.
The National People's Congress Standing Committee (NPCSC)'s Decision on Maintaining Internet Security
(Adopted at the 19th meeting of the Ninth NPC Standing Committee on February 28th, 2000, 65438+)
China Internet, which is strongly advocated and actively promoted by the state, has been widely used in economic construction and various undertakings, which has caused profound changes in people's production, work, study and lifestyle, and played an important role in accelerating the national economy, scientific and technological development and social service informationization process in China. At the same time, how to ensure the operation security and information security of the Internet has aroused widespread concern in the whole society. In order to promote the advantages and eliminate the disadvantages, promote the healthy development of China's Internet, safeguard national security and social interests, and protect the legitimate rights and interests of individuals, legal persons and other organizations, the following decisions are made:
1. In order to ensure the safe operation of the Internet, any of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:
(1) Invading computer information systems in the fields of state affairs, national defense construction and cutting-edge science and technology;
(2) Deliberately making and spreading destructive programs such as computer viruses to attack computer systems and communication networks, causing damage to computer systems and communication networks;
(three) in violation of state regulations, the computer network or communication service is interrupted without authorization, resulting in the normal operation of the computer network or communication system.
Two, in order to maintain national security and social stability, one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law:
(a) using the Internet to spread rumors, slander or other harmful information, inciting subversion of state power, overthrowing the socialist system, or inciting secession and undermining national unity;
(2) Stealing or disclosing state secrets, intelligence or military secrets through the Internet;
(three) using the Internet to incite national hatred and discrimination and undermine national unity;
(4) using the Internet to organize cult organizations and contact members of cult organizations, thereby undermining the implementation of national laws and administrative regulations.
Three, in order to maintain the order of the socialist market economy and social management order, one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:
(a) the use of the Internet to sell fake and shoddy products or make false propaganda of goods and services;
(two) using the Internet to damage the commercial reputation and commodity reputation of others;
(three) the use of the Internet to infringe upon the intellectual property rights of others;
(4) fabricating and disseminating false information that affects securities and futures trading or disrupts financial order by using the Internet;
(five) the establishment of obscene websites and web pages on the Internet, providing links to obscene websites, or disseminating obscene books, films, audio-visual and pictures.
Four, in order to protect the legitimate rights of individuals, legal persons and other organizations, one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:
(a) using the Internet to insult others or fabricate facts to slander others;
(two) illegal interception, tampering, deletion of other people's e-mail or other data, infringing on citizens' freedom and privacy of communication;
(three) using the Internet for theft, fraud, extortion.
Five, the use of the Internet to implement other acts other than those listed in Articles 1, 2, 3 and 4 of this decision, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Six, the use of the Internet to carry out illegal acts, in violation of social security management, does not constitute a crime, the public security organs shall be punished in accordance with the "Regulations on administrative penalties for public security"; Violation of other laws and administrative regulations, which does not constitute a crime, shall be given administrative punishment by the relevant administrative departments according to law; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions according to law. Anyone who uses the Internet to infringe upon the legitimate rights and interests of others and constitutes a civil infringement shall bear civil liability according to law.
Seven, people's governments at all levels and relevant departments should take active measures to promote the application of the Internet and the popularization of network technology, attach importance to and support the research and development of network security technology, and enhance the ability of network security protection. The relevant competent departments should strengthen the publicity and education of Internet operation safety and information safety, implement effective supervision and management according to law, prevent and stop all kinds of illegal activities using the Internet, and create a good social environment for the healthy development of the Internet. Units engaged in Internet business shall carry out activities according to law. When illegal and criminal acts and harmful information appear on the Internet, measures should be taken to stop spreading harmful information and report to relevant departments in time. When using the Internet, any unit or individual should abide by the law and resist all kinds of illegal and criminal acts and harmful information. The people's courts, people's procuratorates, public security organs and state security organs shall perform their respective duties and cooperate closely to crack down on various criminal activities carried out by using the Internet according to law. It is necessary to mobilize the strength of the whole society and rely on the joint efforts of the whole society to ensure the operation safety and information safety of the Internet and promote the construction of socialist spiritual civilization and material civilization.
Although the country has so many regulations on the internet.
But once there is a network dispute, it is still difficult to get it.