|(Promulgated by the State Council of the People's Republic of China on February 1, 1996 under State Council Command Number 195, modified based on The State Council Command Number 218 promulgated on May 20, 1997)|
These Regulations are formulated in order to strengthen the administration
of international networking of computer information networks and
to ensure the sound development of international computer information exchange.
Article 2. International networking of computer information networks inside the border People' Republic of China shall be carried out in accordance with these Regulations.
Article 3. For the purposes of these Regulations, the following terms shall have the meanings assigned to them below:
(1) "International Networking of Computer Information Networks" (International Networking) shall mean interconnection of computer information networks in the People's Republic of China with foreign computer information networks in order to realize international exchange of information;
(2) "Interconnected Networks" shall mean computer information networks that directly carry out international networking; "Interconnection Units" shall mean units that are responsible for the operation of interconnected networks;
(3) "Connected Networks" shall mean computer information networks that carry out international networking through connection with interconnected networks; "Connected Units" shall mean units that are responsible for the operation of connected networks.
Article 4. With respect to International Networking, the state implements the principle of overall planning, uniform standards, distributed administration and promotion development.
Article 5. The State Council Leading Group on Informationization (Leading Group) shall be responsible for coordinating and solving major issues in "International Networking".
The Office of the Leading Group shall formulate specific administration and methods in accordance with these Regulations, to clarify the rights, obligations and responsibilities of units that provide international inward and outward channels, Interconnection Units connection units and subscribers and shall be responsible for inspection and supervision on International Networking.
Article 6. When directly carrying out International Networking, computer information networks must use the international inward and outward channels provided by the National Public Telecommunication Network provided by the Ministry of Posts and Telecommunications.
No units or individual may establish or use other channels for International Networking on its or his own.
Article 7. Interconnected Networks that have already been established will, after adjustment in accordance with the relevant regulations of the State Council, be administered by the Ministry of Posts and Telecommunications, the Ministry of Electronics Industry, the State Education Commission and the Chinese Academy of Sciences, respectively.
The establishment of new Interconnected Networks must be submitted to the State Council for approval.
Article 8. Connected Networks must carry out International Networking through Interconnected Networks.
Connected Units that intend to do commercial business on International Networking should apply for Business License for International Networking from the administrator who is authorized for disposing application of Commercial Business on International Networking. The unit that does not have the license is prohibited from doing business on International Networking.
Connected Units that intend to do non-commercial business on International Networking should report to administrator that is authorized for disposing application of non-commercial business on International Network for approval. Non approved Connected Units is prohibited from conjoining into the Interconnected Network.
When applying for business license for International Networking or for approval, the applicant should provide documents on the characteristics, application area and host address about his computer information network.
The format of the Business License for Interconnected Network will be formulated by the Leading Group.
Article 9. A Interconnection Units must satisfy the following conditions:
(1) Be a legally established enterprise legal person or institution legal person;
(2) It has a corresponding computer information network and equipment and corresponding technical and management personnel;
(3) It has a sound system for security control and confidentiality protection and sound technical protection measures;
(4) It satisfies other conditions provided for in laws and State Council regulations.
Connected Unit must have the ability to provide users long-term service as well as conform to the previous article.
If the circumstances have changed so that the Connected Units doing commercial business on International Networking do not conform to the first and second item of this article any more, it's business license on International Network should be withdrawn by the institution who granted the license. If circumstances have changed so that the Connected Unit doing non-commercial business on International Networking doesn't conform the first item any more, it's permission on using International Network should be withdrawn.
Article 10. Individuals, legal persons and other organizations (Subscribers) must use Connected Networks when the computers or computer information networks that they use need to carry out International Networking.
When computers or computer information networks as referred to in the preceding paragraph need to be connected with Connected Networks, the consent of the Connection Unit shall be obtained and registration procedures carried out.
Article 11. Units that provide international inward and outward channels, Interconnection Units and Connection Units shall establish corresponding network administration centers, strengthen their own administration and the administration of their Subscribers in accordance with laws and relevant state regulations, properly control the security of information on the network and ensure that their Subscribers are given good and secure services.
Article 12. Interconnection Units and Connection Units shall be responsible for the technical training and administrative education of their own units and their Subscribers in respect of International Networking.
Article 13. Units and individuals engaged in International Networking shall abide by relevant state laws and administrative regulations and strictly implement their security and confidentiality protection systems, and may neither utilize International Networking to engage in illegal or criminal activities such as jeopardizing state security or disclosing state secrets etc., nor produce, retrieve, reproduce or disseminate information that would hinder public security or that is obscene or pornographic.
Article 14. Anyone who violates Article 6, 8 or 10 hereof shall be ordered to cease networking and given a warning by the public security authorities, and may additionally be fined 15,000 yuan RMB. If there is illegal incoming, it should be confiscated.
Article 15. If a violation of these Regulations also constitutes a violation of another relevant law or administrative regulation, a fine shall be imposed in accordance with relevant laws and administrative regulations. If the violation constitutes a criminal offense criminal liability shall be pursued according to law.
Article 16. Networking with computer information networks in Taiwan, Hong Kong and Macao shall be handled by reference to these Regulations.
Article 17. These Regulations shall be implemented from the date of promulgation.