Internet Filtering in China in 2004 2005
access.
43
The State Secrecy Bureau classifies state secrets, which all citizens are required to safeguard.
44
Finally, the Central Propaganda Department ensures that Chinese publishers print only material
consistent with the Communist Party's ideology; the Department uses directives, screenings, and training
sessions for publishers and their employees to accomplish this goal.
45
2. Internet Access Regulation
China implements access controls for ISPs, ICPs, Internet subscribers, and cybercafe users.
Access control has always been part of China's Internet filtering system: in February 1994, one year before
the Internet became commercially available to Chinese users, the State Council gave the Minister of Public
Security overall responsibility for supervision of the Internet.
46
Regulation of Internet access has grown more comprehensive, specific, and extensive recently.
On March 2, 2000 the State Council promulgated Interim Procedures on Registration and Filing of
Online Business Operations
47
which, for the first time, explicitly recognized on line businesses and
required them to register and submit information on their personnel for information checks.
48
In
September 2000, the Interim Measures on the Administration of Record and Registration of Profit
making Websites formalized registration procedures, instituted annual inspections of on line businesses,
and required all such businesses to list their registration number prominently on their Web sites. In
addition, the State Council issued Order No. 292, Measures on Internet Information Services, on
September 25, 2000.
49
This order reiterated and strengthened provisions contained in previous
legislation, while establishing increased levels of control and enforcement. Specifically, Order 292
attempted to differentiate Web sites that provide information involving the journalism, publication,
education, medical care, medicines, and medical equipment and so on both for profit and non profit
from other Internet businesses.
50
a. ISPs
ISPs that want to provide service in China must obtain an operating license from MII.
51
Access
providers must record a customer's account number, phone number, and IP address, and Internet content
43
See Human Rights Watch, Freedom of Expression and the Internet in China, at
http://www.hrw.org/backgrounder/asia/china bck 0701.htm; see also Congressional Executive Commission on
China, China's Censors, at http://www.cecc.gov/pages/virtualAcad/exp/expcensors.php.
44
State Security Law, Feb. 22, 1993, translation available at http://www.cecc.gov/pages/virtualAcad/exp/explaws.php;
see Congressional Executive Commission on China, China's Censors.
45
Congressional Executive Commission on China, China's Censors.
46
Regulations for the Safety Protection of Computer Information Systems, State Council Order No. 147.
47
Interim Procedures on Registration and Filing of Online Business Operations, State Council, Mar. 2, 2000.
48
Interim Procedures on Registration and Filing of Online Business Operations, Article 6; see Clara Liang, Red Light,
Green Light: Has China Achieved Its Goals Through the 2002 Internet Regulations?, 35 Vand. J. Transnat'l L. 1417,
1433 (2001).
49
Measures on Internet Information Services, State Council Order No. 292, Sept. 25, 2000, translation from
iSinoLaw.com.
50
Measures on Internet Information Services, Article 5.
51
China Online, Ministry Profile: Ministry of Information Industry (MII), archived at
http://web.archive.org/web/20031211153108/http://www.chinaonline.com/refer/ministry_profiles/MIIL3.asp.
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