Chapter IV. Legal Responsibility Article 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.
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. 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 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, 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.
Violation of Article 4 or Article 7 of these regulations shall be punished according to the relevant laws and regulations. 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 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.
These regulations go into effect on the day of promulgation. RSS Feeds. Comprehensive Regulations Chapter II. Security and Supervision Chapter IV. Legal Responsibility Chapter V. Additional Regulations Chapter I. 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.
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.
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.
In China many cybercrime issues are covered in laws and regulations that refers to Internet related crimes. The two most important organizations responsible for internal and external security are the Public Security Bureau PSB , responsible for the internal security, and the Ministry State Security MSS , which handles external security. The Ministry of Information Industry Department of Policies, Laws and Regulations is one of the main institutions in the current law reform since Article Section Three -- 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.
Section Four -- 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. Section Five -- 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.
Section Six 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.
Section Seven 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 2 Responsibility for Security and Protection Section 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.
Section 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.
Section 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.
Ensure network operational security and information security. Provide information according to the stipulations of article five.
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