Internet service providers operating regulations
abstract by Stian Haklev, Citizenlab
(This is a very rough translation/condensation of the contents - I’ve skipped many detailed concepts and I use the word internet cafe for what they call “internet service provider place”).
Chapter 1 General principles
1. Goal: To provide good and healthy service to the users, and to promote socialism.
2. Internet service providers: Providing internet service through computers; incl. internet cafes and “computer relaxing places”.
Libraries and schools that provide internet are to follow relevant legislation, and are not bound by these rules.
3. Should follow relevant laws, and also “self-police”, follow rules according to “own judgement”. Create a positive environment for consumers. Consumers should respect all relevant laws, and respect the public moral, surf in a civilized and healthy manner.
4. People’s governments’ cultural departments at county level and above, are responsible for “examining and endorsing” new internet cafes, as well as controlling legally started internet cafes. The PSB is responsible for the “safety of information”, controlling and preventing. The department of commerce is responsible for registering and giving out physical permit documents, as well as looking up places that offer internet access without license. The department of telecommunication, as well as other relevant departments, according to each own’s area of responsibility, will according to these rules, the relevant laws, and local regulations implement individual ways of controlling and checking up on the internet cafes.
5. People employed in the cultural departments, PSB and commerce departments, and other relevant departments, must not participate in the activities of running an internet cafe (even if they do it covertly).
6. The country is encouraging the people, and the law enforcement as well as other groups to survey the activites of internet cafes, and will give reward to those who contribute. (not entirely sure about translation - will you be rewarded if you snitch on a cafe - or will the cafe be rewarded if it’s wholesome?)
Chapter 2 Starting a business
7. The country will institute a system for giving permissions to internet cafes. Without permission, no groups or individuals must
start internet cafes, or occupy themselves with offering internet services.
8. Starting an internet cafe, one should be organized as a company, and adhere to the following rules:
8.1 Have a company name, company office, “organized organization”, written rules (charter?)
8.2 Have enough capital for the venture.
8.3 Have appropriate measures for avoiding fire, and adhering to all relevant legislation.
8.4 Have healthy, complete system for controlling information, and secure systems.
8.5 Have a permanent internet address, and appropriate computers and accessories.
8.6 Must have certified security personell, management personell and technical specialists.
8.7 Follow all relevant rules.
The smalles minimum area of operation, number of computers, level of accessories, amount of space pr computer will be determined by the Culture Department of the State council.
Organizations applying to start an internet cafe must not only follow the rules of the first and second chapter, but also adhere to the rules of the province, city, autonomous province, autonomous city etc regulations about “amount” and “pattern” (of PCs? of internet cafes?)
9. There must not be internet cafes started withing 200 metres of elementary or middle schools, or within residential buildings.
10. Organizations that want to start an internet cafe must submit an application to the people’s government at county or above level, and submit the following documentation:
10.1 Company name document (not sure, maybe something saying that they are taking a name that hasn’t been registered) and rules (company constitution?).
10.2 The legal representative’s ID card and identity documents.
10.3 Proof of sufficient finances.
10.4 Proof of ownership or rental relationship for physical place of operation.
10.5 Any other documents required according to law.
11. The culture deparment must make a decision within 20 working days of receipt of documents, they will make out a document allowing the applicant to plan construction.
When construction plans have been finished, they must be taken together with the document from the cultural department to the PSB, where the applicant applies for a “internet information safety” and “fire safety” permit. PSB will make a decision within 20 working days, and give out a permission document.
The PSB permit is then taken to the cultural department for the final application. The decision must be made within 15 working days, according to chapter 8 of this regulation. They will give out the “Internet culture business permit document”.
If the cultural department or the PSB find they have to deny the application, they must produce a specific reason
The applicant must take the “internet culture business permit document” to the commerce department and apply for business
registration, he will receive his business permit.
12. The owner is not allowed to lend or sell his business permit to anyone else.
13. If the owner wants to change address, expand, buy more computers or change the interior, he/she must apply to the relevant departments. If the owner changes the internet address, the legally responsible person, closes the store etc - the commercee department, the cultural department and PSB must be notified.
Chapter 3 - Operation
14. Operators of internet cafes and their users must not use, create, download, consult, spread, announce or in any other way employ information containing the following characteristics:
14.1 Contrary to the basic principles of the constitution.
14.2 Harms the unity, sovereignity and territorial integrity of the country.
14.3 Reveals national secrets, damages national security or damages national reputation and interest.
14.4 Incites ethnic hatred, ethnic discrimination, breaks the ethnic unity or infringes on ethnic customs and traditions.
14.5 Destroys the national policy on religion, spreads satanism or superstition.
14.6 Spreads rumours, disturbs the public order, breaks the calm of society.
14.7 Spreads obscenity, violence or teaches criminality.
14.8 Insults or slanders, infringes on other people’s legal rights.
14.9 Harms the public morality or the outstanding cultural traditions of ethnic groups.
14.10 Contains other elements forbidden by law or regulation.
15. The owner’s of the internet cafe and its users must not indulge in the following activites that harm the security of the internet:
15.1 On purpose create or spread computer viruses or other destructive programmes.
15.2 Illegally gain access to computer systems break computer’s information system, programmes or database.
15.3 Any other activites that are against laws and regulations.
16. Internet cafes must only access the internet through certified providers.
Computers used by consumers must go through a subnet to access the internet, cannot access the internet directly (not entirely sure about this technical translation).
17. The internet cafe must not offer access to computer games not on the internet (games that don’t use the internet?).
18. Owners or users must not use internet games in gambling.
19. Owners must have technical equipment to survey net use, if they find that users are accessing material that infringes on paragraph 14, 15, 18 or other relevant regulations, they must immediately cut the users connection, and report to the cultural department.
20. The “internet cultural business permission document” and the commerce permission must be displayed visibly in the internet cafe.
21. The internet cafe must not accept users under the legal age.
They must at all entrances display clear signs that minors are not allowed entry.
22. The internet cafe should only be open from 8AM to 12PM.
23. All users must show ID cards or other identification and be registered, with time and computer number etc. The information must be conserved for 60 days, and be accessible to the PSB and the cultural department. Within the 60 days, the information must not be changed or deleted.
24. The owners must implement “internet security measures”, “fire security measures” and respect the following rules:
24.1 Forbid open fire and smoking indoors.
24.2 Forbid bringing in explosives and easily exploadale materials.
24.3 Don’t install any fixed security doors or window bars.
24.4 During opening hours, don’t look the door or put anything in the way of the security exits.
24.5 Don’t disable the technical security equipment without authorization.
Chapter 4 Punishment
(pretty much listing every single thing you are supposed to do above, and telling you that you will be punished by fines, demotion, or criminal investigation if you do not do it)
Chapter 5 Appendix (?)
37. This law is valid from 15/11/2002. The “Internet service providing administration law” published in 3/4/2001 by the telecommunications department, the PSB and the cultural department hereby expires.
