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1.Regulations for the Protection of Computer Software
2.Computer Information Network and Internet Security, Protection and Management Regulations
3.Revised Provisional Regulations Governing the Management of Chinese Computer Information Networks Connected to International Networks
Regulations for the Protection of Computer Software
(Promulgated on June 4, 1991)
Table of Contents:
Chapter I General Provisions
Chapter II Computer Software Copyrights
Chapter III Computer Software Registration Administration
Chapter IV Legal Responsibilities
Chapter V Supplementary Articles
Chapter I General Provisions
Article1. In order to protect the rights and interests of creators of computer software, to adjust the relationships of interest during the development, dissemination and use of computer software, to encourage the development and circulation of computer software, and to promote the development of computer applications these regulations are enacted in accordance with the provisions of the Copyright Law of the People's Republic of China.
Article2. For the purposes of these regulations computer software (hereinafter referred to as software) refers to computer programs and related documentation.
Article3. Meanings of the following words used in these regulations are:
(1) Computer programs: refers to coded instructional sequences-or those symbol ic instructional sequences or numeric language sequences which can be automatically converted into coded instructional sequences-which are for the purpose of obtaining a certain result and which are operated on information processing equipment such as computers.
Computer programs include source code programs and object code programs. The source code text of a piece of software and its object code text should be seen as one work.
(2) Documentation: refers to written materials and diagrams, using natural language or formal language, which are used to describe the contents, organization, design, functions and specifications, development circumstances, testing results and method of use of the program, for example: program design explanations, flow charts, user manuals, etc.
(3) Software developers: refers to those legal persons or units which are not legal persons (hereinafter referred to as units) who actually organize, undertake the work of development, and provide working conditions to complete the development of software and who take responsibility for the software as well; citizens who rely on their own conditions to complete software and who take responsibility for the software.
(4) Software copyright owners: refers to those units and citizens who, in accordance with these regulations, enjoy the copyright of a computer software.
(5) Reproduction: refers to the act of transferring software into a material form.
Article4. The provision of protection to computer software, as referred to in these regulations, refers to (the fact that) that computer software copyright holders or transferees enjoy all the rights of copyright stipulated in these regulations.
Article5. Software which enjoys protection under these regulations must be independently developed by the developer and must already be in material form.
Article6. Chinese citizens and units enjoy the copyright under these regulations for software they have developed, regardless of whether it has been published and regardless of where it has been published.
Foreigner's software first published in China enjoys the copyright under these regulations.
Software published outside of China by foreigners enjoys copyright in China and protection under these regulations according to a bilateral agreement signed between the country to which it belongs and China or according to international convention to which they are both parties.
Article7. The protection provided to software under these regulations cannot be expanded to encompass the ideas, concepts, discoveries, principles, algorithms, processing methods and operations used in the development of computer software.
Article8. The State Council's designated software registration agency administers the registration of software throughout the entire country.
Chapter II Computer Software Copyrights
Article9. Software copyright holders enjoy the following rights:
(1) Right of publication, is the right to decide whether the software should b e released to the public;
(2) Developer's right of authorship, is the right to indicate the developer's identity and to place his name on the software;
(3) The right of use, is the right to use the software by copying, demonstrating, distributing, altering, translating, annotating, etc., under the precondition of not harming the public interest.
(4) The right of licensing use and receiving remuneration, is the right to license others, under provision 3 of this article, to use the entire software or a part of it, and the right to get remuneration for this.
(5) The right of transfer, is the right to transfer to others the right of use and right of licensing under provisions 3 and 4 of this article.
Article10. The copyright of a software belongs to its developer, where this regulations have specific stipulations those should be followed.
Article11. Where software is developed jointly by 2 or more units, citizens, except as provided for in a separate agreement, the copyright of the software shall be jointly enjoyed by the developers.
Exercise of the copyright co-developers shall be carried out in accordance with any written agreement reached prior to creation of the software. If there is no written agreement, and if the jointly developed software can be used in separate parts, the co-developers can separately enjoy the copyright on the parts they developed, but during the exploitation of the copyright this may not be extended to the copyright of the jointly developed work in its entirety. If the jointly developed software cannot be used in separate parts, the co-developers may exploit the copyright by consensus. If consensus cannot be reached, and in the absence of any unusual reasons, neither party can prevent the other from implementing its exclusive rights, with the exception of the right of transfer to a third party. However, any benefits earned shall be fairly distributed among the co-authors.
Article12. The copyright of software which is commissioned to be developed by another person, shall be governed by any written agreement signed between the person who commissioned the work and the person who undertook the commission; if there is no written agreement or if it is not clearly stipulated in the agreement, the copyright shall be enjoyed by the person undertaking the commission.
Article13. The copyright of software which is developed pursuant to tasks assigned by a legal person's superior organization or government department shall be based on stipulations contained in the project task document or contract; if not clearly stipulated in the project task document or contract, the copyright belongs to the organization to which the task was assigned.
With regard to software which possesses major significance for national or public security interests and is developed by organizations within this system or organizations under their jurisdiction, responsible departments of the State Council or the People's Governments of provinces, autonomous regions, or centrally administered cities have the right to permit designated organizations to use the software. The organization using such software will pay a fee according to relevant national regulations.
Article14. If software developed by a citizen while working in an organization is the product of work executed for the organization, is developed in accordance with the clearly stipulated development goals for work in the organization, or is the predictable or natural result of activities involved in the organization's work, then the software's copyright belongs to the organization.
If software developed by a citizen is not the result of work executed for the organization, has no direct relationship to the content of the work at the organization in which the developer is engaged, and does not use the organization's material technical conditions, the software's copyright belongs to the developer himself.
Article15. The term of protection of software copyright is 25 years, ending on the 31st of December of the twenty- fifth year after the first publication of the software. Prior to the fulfillment of the term of protection, the software copyright holder may apply to the software registration administration organization to extend the protection by 25 years, although the period of protection may not exceed 50 years at the longest.
There is no limit on the period of protection of the software developer's right of authorship.
Article16. During term of copyright protection of a given piece of software, the software copyright holder's heir may, in accordance with relevant provisions in the "People's Republic of China Inheritance Law", inherit the rights in Items 3 and 4 of Article 9 of these regulations.
The act of inheritance may not change the term of protection of the rights of the software.
Article17. During the term of copyright protection of a given piece of software, after a change has occurred in the organization which holds the software's copyright, the succeeding organization legally will enjoy all the rights to the software.
The occurrence of succession will not change the term of protection of the software's rights.
Article18. During the software copyright's term of protection, the software copyright holder or his transferee may authorize others to implement the right of use Article 9, Item 3, of these regulations. Software copyright holders or their transferees may receive a fee while they are authorizing others to implement the right of use.
Authorization to implement a software copyright should be agreed and executed according to China's laws and regulations in the form of a written contract. The authorized person should implement the right of use within the form, conditions, scope, and period of the contract.
The period of effectiveness an authorizing contract may not exceed 10 years. When the period is complete, the contract may be extended.
The act of authorization cited described above does not alter ownership of software copyright.
Article19. During the software copyright period of protection, those who enjoy the rights of use and license under Article 9, Items 3 and 4, may transfer the rights use and license to other people.
Authorization to transfer copyright should be carried out in accordance with laws and regulations of China under a signed and executed written contract.
The act of transfer does not alter ownership of software copyright.
Article20. When the term of validity of a software copyright expires, all rights to the software cease, except for the developer's right of authorship.
In the event that any circumstances fit either of the following situations, all rights to a given piece of software, except the right of authorship, will enter the public domain prior to the end of the term of protection:
(1) The organization holding the software copyright terminates (dissolves) and there is no legal successor;
(2) The citizen holding the software copyright dies without a legal heir.
Article21. Those organizations or citizens who legally own reproductions of software have the right, without obtaining consent of the proprietary owner, to:
(1) To install and use in a computer according to the needs of use;
(2) For the purpose of maintaining files, make a backup copy. However these ba ck-up copies may not be provided to other persons by any means.
Once the owners lose the rights legally to own this software, these reference copies must be completely destroyed;
(3) In order to carry out necessary revisions for the purpose of using said software in the real computer environment or improving its performance. However, except in cases where there is additional agreement, (the owner) may not provide to any third party the revised document, without the agreement of the software copyright holder or his legal transferee.
Article22. For the non-commercial purposes of work conducted in classroom education, scientific research, the execution of legal duties by state organs, etc., a small number of software reproductions may be made, without obtaining the consent of the software copyright owner or his legal transferee, and without giving compensation. However, when used, the name of the software and its developer must be stated, and none of the rights enjoyed by the copyright owners or their transferees under the terms of these regulations shall be violated. After the use of these copies if ended, they should be appropriately managed, taken back, or destroyed.
They must not be used for other purposes or given to other persons.
Chapter III Computer Software Registration Administration
Article23. Software published after these regulations are promulgated may make application for registration at the copyright registration administration organization. After approval of registration, the Software Registration Administration Organization will issue documents of proof of registration and make public notice (of the registration).
Article24. Registration of software copyrights with the software registration administration organization in accordance with these regulations is the prerequisite for administrative treatment of rights disputes or of lawsuits.
Documents of proof of registration issued by the Software Registration Administration Organization are the initial documents certifying that a software copyright is in effect or is in the process of applying for registration.
Article25. When applying for registration computer software copyright holders must provide:
(1) A software copyright registration form filled out in accordance with the regulations;
(2) Software identifying material in keeping with the rules.
Software copyright holders must pay a registration fee according to the rules.
Specific software registration administration methods and fee standards will b e announced by the Software Registration Administration Organization.
Article26. Software copyright may be cancelled in either of the following situations:
(1) According to final judicial judgement;
(2) When primary information provided during the registration application is acknowledged not to be authentic.
Article27. For any computer software which has already been registered, when activities relating to transfer of software rights occur, the receiver should put on record with the National Software Registration Administration Organization within 3 months of the signing of the contract of transfer, otherwise infringement activities by third parties cannot be contested.
Article28. When a Chinese national software copyright owner licenses or transfers to a foreigner rights to software developed within China's territory, he shall first make a request for approval to the relevant responsible organs of the State Council and also make a report to the Software Registration Administration Organization.
Article29. Other than to carry out registration administration responsibilities, employees who work in software registration and persons who have previously worked in this position, may not, during the period of protection of a software copyright, utilize or reveal to any other person the file material or other relevant information provided at the time of the application for registration.
Chapter IV Legal Responsibilities
Article30. Except for the situations described in Articles 21 and 22, in the event of the following infringing activities, according to conditions cessation of the infringement, elimination of the effects, public apology, compensation for losses and other civil responsibilities should be undertaken; moreover, state software copyright executive administration departments may adopt executive punishments such as confiscating unearned illegal income, fines, etc.:
(1) Publishing software works without the consent of the software copyright ow ner;
(2) Taking software developed by others and publishing it in one's own name;
(3) Taking software developed in cooperation with another person and publishin g it as a work completed by oneself alone, without the permission of the cooperating developer;
(4) Signing one's name to software developed by another person or altering the signature on software developed by another;
(5) Revising, translating, or annotating software without the permission of the software copyright owner or his legal transferee;
(6) Copying software, in whole or in part, without the permission of the software copyright owner or his legal transferee;
(7) Disseminating or revealing software. to the public without the permission of the software copyright owner or his legal transferee;
(8) Effecting the licensing or transfer of software to a third party without the permission of the software copyright owner or his legal transferee.
Article31. Resulting similarities between software developed and software already in existence does not constitute a violation of the copyright of existing software in the following situations:
(1) Because it is necessary for the execution of national policies, laws, and rules and regulations;
(2) Because it is necessary for the setting of technical standards;
(3) Because of the limited categories of forms of expression.
Article32. If a software owner is unaware that or has no reasonable basis to believe that the software infringes on a software product right, the responsibility for the violation shall be borne by the rights violator who provided the software. However, when failure to destroy the infringed software will not adequately protect the rights and interests of the software copyright owner, the owner has a duty to destroy the infringing software, so that losses may be forced back onto the provider of the infringing software.
The provider of infringing software cited in the previous provision is a person who knows the software is an infringement and supplies it to others.
Article33. A concerned party who does not carry out his duty or who carries it out not in accordance with prescribed conditions shall bear civil responsibilities according to the General Procedures of the Civil Law.
Article34. Software copyright disputes may be mediated. If mediation fails to produce an agreement, or if it produces agreement which one party fails to honor, a lawsuit may be brought before a People's Court. A concerned party who is unwilling to enter mediation may also bring a lawsuit before a People's Court.
Article35. A software copyright contract dispute may be mediated. It may also be applied for mediation by the state software copyright arbitration organization, on the basis of an arbitration provision in the contract or a written arbitration agreement concluded after the contract.
Concerned parties will carry out an arbitration ruling. If one party fails to carry out the arbitration ruling, the other may bring a lawsuit before a People's Court.
If the People's Court receiving the application discovers that the arbitration ruling is illegal, it has the power not to execute the ruling.
If the People's Court does not carry out the ruling, concerns parties may bring a lawsuit before the People's Court.
If concerned parties have not inserted an arbitration clause into the contract, and there is no written arbitration agreement after the event, they may bring a lawsuit directly before the People's Court.
Article36. If a concerned party is dissatisfied with the remedial decisions of the national copyright executive administrative department, he may bring suit before the People's Court within 3 months from receipt of notice.
When this period has expired and no lawsuit has been brought, the national copyright executive administrative department may apply to the People's Court to force action.
Article37. Software registration administration organizations will assess administrative punishment against employees of software registration administration organizations who have violated Article 29 of these regulations. If the circumstances are severe, constituting a crime, judicial organs are responsible for investigating the crime.
Chapter V Supplementary Articles
Article38. Infringement actions which take place prior to these regulations taking effect should be dealt with in accordance with regulations in effect at the time of the infringing activity.
Article39. These regulations will be interpreted by the State Council's department for software registration administration and software copyright administration departments.
Article40. These provisions take effect from October 1, 1991.
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Computer Information Network and Internet Security, Protection and Management Regulations
(Approved by the State Council on December 11, 1997 and promulgated by the Ministry of Public Security on December 30, 1997) Table of Contents
Chapter I. Comprehensive Regulations
Chapter II. Responsibility for Security and Protection
Chapter III. Security and Supervision
Chapter IV. Legal Responsibility
Chapter V. Additional Regulations
Chapter I. Comprehensive Regulations
Article 1. In order to strengthen the security and the protection of computer information networks and of the Internet, and to preserve the social order and social stability, these regulations have been established on the basis of the "PRC Computer Information Network Protection Regulations", the "PRC Temporary Regulations on Computer Information Networks and the Internet" and other laws and administrative regulations.
Article 2. The security, protection and management of all computer information networks within the borders of the PRC fall under these regulations.
Article 3. The computer management and supervision organization of the Ministry of Public Security is responsible for the security, protection and management of computer information networks and the Internet. The Computer Management and Supervision organization of the Ministry of Public Security should protect the public security of computer information networks and the Internet as well as protect the legal rights of Internet service providing units and individuals as well as the public interest.
Article 4. No unit or individual may use the Internet to harm national security, disclose state secrets, harm the interests of the State, of society or of a group, the legal rights of citizens, or to take part in criminal activities.
Article 5. No unit or individual may use the Internet to create, replicate, retrieve, or transmit the following kinds of information:
(1) Inciting to resist or breaking the Constitution or laws or the implementation of administrative regulations;
(2) Inciting to overthrow the government or the socialist system;
(3) Inciting division of the country, harming national unification;
(4) Inciting hatred or discrimination among nationalities or harming the unity of the nationalities;
(5) Making falsehoods or distorting the truth, spreading rumors, destroying the order of society;
(6) Promoting feudal superstitions, sexually suggestive material, gambling, violence, murder;
(7) Terrorism or inciting others to criminal activity; openly insulting other people or distorting the truth to slander people;
(8) Injuring the reputation of state organs;
(9) Other activities against the Constitution, laws or administrative regulations.
Article 6. No unit or individual may engage in the following activities which harm the security of computer information networks:
(1) No-one may use computer networks or network resources without getting proper prior approval
(2) No-one may without prior permission may change network functions or to add or delete information
(3) No-one may without prior permission add to, delete, or alter materials stored, processed or being transmitted through the network.
(4) No-one may deliberately create or transmit viruses.
(5) Other activities which harm the network are also prohibited.
Article 7. The freedom and privacy of network users is protected by law. No unit or individual may, in violation of these regulations, use the Internet to violate the freedom and privacy of network users.
Chapter II. Responsibility for Security and Protection
Article 8. Units and individuals engaged in Internet business must accept the security supervision, inspection, and guidance of the Public Security organization. This includes providing to the Public Security organization information, materials and digital document, and assisting the Public Security organization to discover and properly handle incidents involving law violations and criminal activities involving computer information networks.
Article 9. The supervisory section or supervisory units of units which provide service through information network gateways through which information is imported and exported and connecting network units should, according to the law and relevant state regulations assume responsibility for the Internet network gateways as well as the security, protection, and management of the subordinate networks.
Article 10. Connecting network units, entry point units and corporations that use computer information networks and the Internet and other organizations must assume the following responsibilities for network security and protection:
(1) Assume responsibility for network security, protection and management and establish a thoroughly secure, protected and well managed network;
(2) Carry out technical measures for network security and protection. Ensure network operational security and information security;
(3) Assume responsibility for the security education and training of network users;
(4) Register units and individuals to whom information is provided. Provide information according to the stipulations of article five;
(5) Establish a system for registering the users of electronic bulletin board systems on the computer information network as well as a system for managing bulletin board information;
(6) If a violation of articles four, five, six or seven is discovered than an unaltered record of the violation should be kept and reported to the local Public Security organization;
(7) According to the relevant State regulations, remove from the network and address, directory or server which has content in violation of article five.
Article 11. The network user should fill out a user application form when applying for network services. The format of this application form is determined by Public Security.
Article 12. Connecting network units, entry point units, and corporations that use computer information networks and the Internet and other organizations (including connecting network units that are inter-provincial, autonomous region, municipalities directly under the Central Government or the branch organization of these units) should, within 30 days of the opening of network connection, carry out the proper registration procedures with a unit designated by the Public Security organization of the provincial, autonomous region, or municipality directly under the Central Government peoples' government.
The units mentioned above have the responsibility to report for the record to the local public security organization information on the units and individuals which have connections to the network. The units must also report in a timely manner to Public Security organization any changes in the information about units or individuals using the network.
Article 13. People who register public accounts should strengthen their management of the account and establish an account registration system. Accounts may not be lent or transferred.
Article 14. Whenever units involved in matters such as national affairs, economic construction, building the national defense, and advanced science and technology are registered, evidence of the approval of the chief administrative section should be shown.
Appropriate measures should be taken to ensure the security and protection of the computer information network and Internet network links of the units mentioned above.
Chapter III. Security and Supervision
Article 15. The provincial, autonomous region or municipal Public Security agency or bureau, as well as city and county Public Security organizations should have appropriate organizations to ensure the security, protection and management of the Internet.
Article 16. The Public Security organization computer management and supervision organization should have information on the connecting network units, entry point unit, and users, establish a filing system for this information, maintain statistical information on these files and report to higher level units as appropriate.
Article 17. The Public Security computer management and supervision organization should have establish a system for ensuring the security, protection and good management of the connecting network units, entry point unit, and users. The Public Security organization should supervise and inspect network security, protection and management and the implementation of security measures.
Article 18. If the Public Security computer management and supervision organization discovers an address, directory or server with content in violation of Article 5, then the appropriate units should be notified to close or delete it.
Article 19. The Public Security computer management and supervision organization is responsible for pursuing and dealing with illegal computer information network activities and criminal cases involving computer information networks. Criminal activities in violation of Article 4 or Article 7 should according to the relevant State regulations, be handed over to the relevant department or to the legal system for appropriate disposition.
Chapter IV. Legal Responsibility
Article 20. For violations of law, administrative regulations or of Article 5 or Article 6 of these regulations, the Public Security organization gives a warning and if there income from illegal activities, confiscates the illegal earnings.
A fine not to exceed 5000 RMB to individuals and 15,000 RMB to work units may be assessed.
For serious offenses computer and network access can be closed down for up to six months, and if necessary Public Security can suggest that the business operating license of the concerned unit or the cancellation of its network registration. Activities contravening public security management regulations are punishable in accordance with provisions of the public security management penalties articles. Where crimes have occurred, prosecutions for criminal responsibility should be made.
Article 21. Where one of the activities listed below has occurred, the Public Security organization should order that remedial action should be taken with a specific period and give a warning; if there has been illegal income, the income should be confiscated; if remedial action is not taken within the specified period, then a fine of not more than 5000 RMB may be assessed against the top management personnel in charge of the area and other persons directly responsible [for the violation] and a fine of not more than 15,000 RMB against the unit; in the case of serious offenses, the network and equipment can be closed for up to six months. If necessary Public Security may suggest that the business license of the organization be canceled and its network registration canceled.
(1) Not establishing a management system for network security and protection;
(2) Not implementing security techniques and protection measures;
(3) Not providing security education and training for network users;
(4) Not providing information, materials or electronic documentation needed for security, protection and management or providing false information;
(5) Not inspecting the content of information released on behalf of someone else or not registering the unit or individual on whose behalf the information was released;
(6) Not establishing a system for registering users and managing the information of electronic bulletin boards;
(7) Not removing web addresses and directories or not closing servers according to the relevant state regulations;
(8) Not establishing a system for registering users of public accounts;
(9) Lending or transferring accounts.
Article 22. Violation of Article 4 or Article 7 of these regulations shall be punished according to the relevant laws and regulations.
Article 23. Violations of Article 11 or Article 12 of these regulations or not fulfilling the responsibility or registering users shall be punished by a warning from Public Security or suspending network operations for six months.
Chapter V. Additional Regulations
Article 24. These regulations should be consulted with regards to the implementation of the security, protection and management of computer information networks connecting to networks in the Hong Kong Special Administrative Region as well as with networks in the Taiwan and Macao districts.
Article 25. These regulations go into effect on the day of promulgation.
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Revised Provisional Regulations Governing the Management of Chinese Computer Information Networks Connected to International Networks
(Originally promulgated on February 1, 1996 by State Council Decree No 195 and revised by the State Council on May 20, 1997)
Article 1. These regulations are formulated to strengthen the management of computer information networks connected to international networks and safeguard the healthy development of the international computer information exchange.
Article 2. Computer information networks within the territory of the People's Republic of China shall act in accordance with these regulations when hooking up with international networks.
Article 3. The connotations of the terms used in these regulations are as follows:
(1) Computer information networks hooking up with international networks (herein after referred to as international networking for short) refers to the action of computer information networks within the territory of the People's Republic of China to hook up with foreign computer information networks to realize international exchange of information.
(2) Internet networks refers to computer information networks that conduct direct international networking; Internet units refers to units responsible for Internet operations.
(3) Internet access networks refers to computer information networks conducting international networking through access to the Internet networks; Internet access units refers to units responsible for Internet operations.
Article 4. The state implements a guideline of unified planning, unified standards, and separation of management at different levels to promote the development of international networking.
Article 5. The Leading Group on Information Advancement Work under the State Council (herein after abbreviated as the Leading Group) is in charge of coordinating and resolving major issues related to international networking work.
The general office of the Leading Group shall formulate specific managing measures in accordance with these regulations; define the rights, obligations, and responsibility of units providing international access channels and the rights, obligations, and responsibility of Internet units and Internet access units; and is in charge of the inspection and supervision over international networking.
Article 6. Computer information networks conducting direct international networking shall use the international access channels provided by the national public telecommunications networks of the Ministry of Posts and Telecommunications.
No units or individuals shall set up by themselves or use other access channels for international networking.
Article 7. Internet networks that have been already established shall be managed respectively by the Ministry of Posts and Telecommunications, the Ministry of Electronics Industry, the State Education Commission, and the Chinese Academy of Science [CAS] after they are readjusted in accordance with the relevant regulations of the State Council.
New Internet networks must have the approval of the State Council.
Article 8. Internet access networks must conduct international networking through Internet networks.
Internet access units planning to engage in business activities related to international networking shall apply for a business licence from the department or unit authorized to process applications for permission to engage in business activities related to international networking; no one shall engage in business activities related to international networking without an international networking business licence.
Internet access units planning to engage in non-business activities related to international networking shall report to the department or unit authorized to examine and approve applications for permission to engage in non-business activities related to international networking ; no one is allowed to hook up with the Internet networks to engage in international networking without approval.
Those applying for an international networking business licence or going through the examination and approval procedures shall provide such information as the nature and scope of their computer information networks and the addresses of their host computers.
The format of the international networking licence shall be formulated centrally by the Leading Group
Article 9. Internet access units engaging in international networking business and non-business operations shall possess the following qualifications:
(1) Being legal persons as enterprises or institutions;
(2) Possessing relevant computer information networks, equipment, and relevant technical and managerial personnel;
(3) Possessing sound security and classified information protection management systems as well as technical protection measures;
(4) Possessing other qualifications as prescribed by the law and State Council regulations.
In addition to possessing the qualifications provided for in the preceding paragraph of this article, Internet access units engaging in business activities related to international networking shall possess the ability to provide long-term service to users.
Where access units engaging in business activities related to international networking no longer meet the qualifications as provided for in Paragraphs 1 and 2 of this article because of a change in conditions, their international networking licenses shall be revoked by the issuing organ; where Internet access units engaging in non-business activities related to international networking no longer meet the qualifications as provided for in Paragraph 1 of this article because of a change in conditions, their international networking qualifications shall be cancelled by the approving organ.
Article 10. Computers or computer information networks used by individuals, legal persons, and other organizations (hereinafter referred to as users) shall conduct international networking through Internet access networks when there is such a need.
When computers or computer information networks referred to in the preceding paragraph need to access Internet access networks, they shall obtain the approval of the Internet access unit and complete the registration procedures.
Article 11. Units providing international access channels, Internet units, and Internet access units shall set up relevant networking management centres, strengthen the management of their units and users, and carry out security management work over network information to provide good, safe services to users.
Article 12. Internet units and Internet access units shall be responsible for their own units' as well as users' Internet-related technical training and managerial education.
Article 13. Units and individuals engaging in international networking shall observe relevant state laws and administrative rules and regulations, and strictly implement a security and classified information protection system; they are not allowed to use international networking to harm national security, leak state secrets, and engage in law-breaking criminal activities; and they are not allowed to produce, read, duplicate, or circulate information hampering public security and obscene pornographic information.
Article 14. Public security organs shall order those who violate the provisions of Articles 6, 8, and 10 to stop networking, issue them a warning, and impose a fine of no more than 15,000 yuan; earnings from illegal activities shall be confiscated where applicable.
Article 15. Those who violate these regulations while at the same time breaking other relevant laws and administrative rules and regulations shall be punished in accordance with the relevant laws and administrative rules and regulations; those whose actions constitute a crime shall be investigated to ascertain their criminal responsibility.
Article 16. Networking with computer information networks in Taiwan, Hong Kong, and Macao shall be conducted with reference to these regulations.
Article 17. These regulations shall take effect on the day of promulgation.
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