Internet Filtering in China in 2004 2005
providers that publish, operate bulletin boards, or engage in journalism must keep copies of all content
made available.
52
ISPs are legally responsible for content they display.
53
ISPs that fail to follow the law
face revocation of their business license and arrest of company staff.
54
b. ICPs
Internet content providers must control both access to and use of on line bulletin board services.
State Council Order No. 292 required for profit Internet content providers (ICPs) to apply for a special
business license
55
and non profit ICPs to file official records
56
. In addition, any ICP seeking to operate a
bulletin board system (BBS) would also need to apply for a special license.
57
The Provisions on the
Administration of Internet Electronic Messaging Services, promulgated on October 27, 2000, by the
State Council, built upon the licensing requirements established by Order No. 292.
58
ICPs seeking to
operate bulletin boards or other electronic communication services were required to obtain approval from
the Ministry of Information Industry (MII).
59
To offer these services, ICPs had to create a comprehensive
set of rules governing subscriber use of the service, consistent with applicable laws.
60
The ICP must
publish these rules prominently on its Web site.
61
Additionally, the Provisions mandated that ICPs set up
a secure registration and login system to allow the service to identify and track subscribers.
62
ICPs were
required to track subscribers' usage for 60 days, and to turn over such information to government
agencies on request.
63
Finally, ICPs were charged with monitoring all content on their services and
immediately removing and reporting any inappropriate or illegal postings.
64
c. Subscribers
A 1996 decree requires all subscribers to register with their local police bureau within the first 30
days of signing up with an ISP.
65
The same decree set up police computer investigation organizations to
52
Measures for the Administration of Internet Information Services, Sept. 25, 2000, translation available at
http://www.cecc.gov/pages/virtualAcad/exp/explaws.php.
53
Human Rights Watch, Freedom of Expression and the Internet in China (citing Measures For Managing the
Internet Information Services).
54
International Centre for Human Rights and Democratic Development, Review of China's Internet Regulations and
Domestic Legislation, available at
http://www.ichrdd.ca/english/commdoc/publications/globalization/legislationInternetChinaEng.pdf.
55
Measures on Internet Information Services, Article 7.
56
Measures on Internet Information Services, Article 8.
57
Measures on Internet Information Services, Article 9.
58
Provisions on the Administration of Internet Electronic Messaging Services, State Council, Oct. 27, 2000,
translation from China Law & Practice.
59
Provisions on the Administration of Internet Electronic Messaging Services, Article 5.
60
Provisions on the Administration of Internet Electronic Messaging Services, Article 6.
61
Provisions on the Administration of Internet Electronic Messaging Services, Article 10.
62
Provisions on the Administration of Internet Electronic Messaging Services, Article 6.
63
Provisions on the Administration of Internet Electronic Messaging Services, Article 14.
64
Provisions on the Administration of Internet Electronic Messaging Services, Article 13.
65
Regulations on the Administration of Internet Access Service Business Establishments [Internet Cafes], Sept. 29,
2002, translation available at http://www.cecc.gov/pages/virtualAcad/exp/explaws.php; see Human Rights Watch,
Freedom of Expression and the Internet in China; Hermida, Behind China's Internet Red Firewall.
10