cool hit counter State Internet Information Office issues "Blockchain Information Service Management Regulations" to answer reporters' questions_Intefrankly

State Internet Information Office issues "Blockchain Information Service Management Regulations" to answer reporters' questions


Source: Netflix China

State Internet Information Office Release

Regulation on Blockchain Information Services

The State Internet Information Office issued on January 10, 2019 the Regulations on the Administration of Blockchain Information Services (the "Regulations"), which shall come into effect on February 15, 2019. The relevant person in charge of the State Internet Information Office said that the introduction of the Regulations aims to clarify the information security management responsibilities of blockchain information service providers, regulate and promote the healthy development of blockchain technology and related services, avoid the security risks of blockchain information services, and provide an effective legal basis for the provision, use and management of blockchain information services.

Blockchain, as an emerging technology with characteristics such as immutability and anonymity, brings opportunities for national development and convenience to social life, while also posing certain security risks. Through the combination with the communication field, it has been used by some unruly elements to spread illegal and harmful information and to implement illegal and criminal activities on the Internet, damaging the legitimate rights and interests of citizens, legal persons and other organizations. Some blockchain information service providers do not have a strong sense of security responsibility, and their management measures and technical guarantee capabilities are not sound, posing new challenges to Internet information security.

In order to implement the main responsibility of information security management, safeguard national security and public interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and promote the healthy development of blockchain technology and related services, the State Internet Information Office has formulated these Provisions on the basis of extensive research and consultation with many parties.

The Provisions clarify that the blockchain information services referred to in the Provisions refer to information services provided to the public through Internet websites, applications and other forms based on blockchain technology or systems. The blockchain information service providers referred to in these Regulations are the subjects or nodes that provide blockchain information services to the public, and the institutions or organizations that provide technical support to the subjects of blockchain information services. The State Internet Information Office is responsible for the supervision, management and enforcement of blockchain information services nationwide in accordance with its duties. The Internet information offices of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the supervision, management and enforcement of blockchain information services within their administrative regions in accordance with their duties.

The Provisions propose that blockchain information service providers shall implement the main responsibility for information content security management; be equipped with technical conditions appropriate to their services; develop and disclose management rules and platform conventions; implement a real identity information authentication system; not use blockchain information services to engage in activities prohibited by laws and administrative regulations or to produce, copy, publish or disseminate information content prohibited by laws and administrative regulations; and take disposal measures in accordance with the law against users of blockchain information services who violate laws, administrative regulations and service agreements.

The Regulations require that providers of blockchain information services shall fill in record information through the blockchain information service filing management system of the State Internet Information Office within ten working days from the date of service provision, and shall go through the change or cancellation procedures if they change service items, platform URLs and other matters or terminate services. Service providers developing new products, applications and functions on line shall, in accordance with the relevant provisions, report to the State and provincial, autonomous regional and municipal Internet information offices for security assessment.

The Provisions emphasize that violations of the relevant provisions of the Provisions shall be punished by the State and the Internet information offices of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the Provisions and relevant laws and administrative regulations; if they constitute crimes, criminal liability shall be investigated in accordance with the law.

The person in charge of the State Internet Information Office pointed out that the management of blockchain information services requires the participation of multiple parties, including government departments, relevant enterprises, professional institutions and the public, and the improvement of social evaluation, credit disclosure and other means to continuously promote self-regulation and public supervision and restraint in the blockchain industry.

The relevant person in charge of the State Internet Information Office on

Regulation on Blockchain Information Servicesanswer a reporter's question

State Internet Information Office (SIIO)2019 year1 month10 Released on Sunday Regulation on Blockchain Information Services( hereinafter referred to as“《 regulations》”)。 Interview with the person in charge of the State Internet Information Office, just (emphasis)《 regulations》 answered questions from journalists on issues related to。

1

Could you please give us some background on the introduction of the Regulations?

A: The introduction of management regulations specifically regulating blockchain information services is based on the following three main considerations.

One is the need to further promote network information security management. The Network Security Law of the People's Republic of China, the Measures for the Administration of Internet Information Services and the Regulations for the Administration of Internet News and Information Services have been promulgated and implemented, clearly stipulating the requirements for network operation and information security management, as well as for systems relating to the security assessment of new technologies and applications. The establishment of a record management system for blockchain information services and the formulation of the Regulations are necessary to implement relevant laws and administrative regulations and to strengthen the management of network information security.

Second, it is necessary to promote the healthy development of blockchain information services. Strengthening the management of blockchain information services and guiding providers of blockchain information services ("service providers") to carry out filing procedures is an important way to establish a sound information security management system and technical safeguards, and is conducive to promoting the healthy development of blockchain technology and related services.

Third, the need for security risk prevention for blockchain information services. Blockchain technology is developing rapidly and relevant applications are flourishing, bringing huge development opportunities to the country's economy and society and facilitating the work and life of the people, but at the same time, blockchain technology is being used by some unscrupulous people as a tool to store and disseminate illegal and unlawful information and implement illegal and criminal activities on the Internet, disrupting the order of Internet information dissemination and seriously damaging the legitimate rights and interests of citizens, legal persons and other organizations, and it is urgent to promote service providers to take the initiative to improve safety and security measures and enhance the effect of early warning and prevention of security risks in accordance with the law.

2

What is the blockchain information service referred to in the Regulations?

A: The blockchain information service referred to in the Regulations refers to the provision of information services to the public through Internet websites, applications and other forms based on blockchain technology or systems.

3

What are the blockchain information service providers referred to in the Regulations?

A: The blockchain information service providers referred to in the Regulations are the subjects or nodes that provide blockchain information services to the public, as well as institutions or organizations that provide technical support to the subjects of blockchain information services.

4

What requirements are set out in the Regulations for service providers to implement the main responsibility for the security of blockchain information services?

A: The Regulations clearly stipulate the main responsibilities of service providers. The main components include: first, the implementation of responsibility for information content security management. Second, the technical conditions appropriate to their services are available. Thirdly, the rules of governance and the platform's convention will be developed and made public. Fourth, the implementation of a real identity information authentication system. Fifth, blockchain information services shall not be used to engage in activities prohibited by laws and administrative regulations or to produce, copy, publish or disseminate information content prohibited by laws and administrative regulations. Sixth, users of blockchain information services that violate laws, administrative regulations and service agreements shall take disposal measures in accordance with the law and the contract.

5

What requirements does the Regulation place on service providers to fulfil their filing obligations?

A: The Regulations require that the service provider shall fill in the record information through the record management system of the blockchain information service of the State Internet Information Office within ten working days from the date of providing the service, and at the same time clarify matters related to the review of record information, change of record information, labeling of the record number and regular checking of the record information.

6

What requirements does the Regulation place on service providers to fulfil their obligations to conduct security assessments and cooperate with monitoring and inspection?

A: "Regulations" require service providers: First, the development of new products, new applications, new features on line, should be reported to the state and provinces, autonomous regions, municipalities directly under the Central Internet Information Office for security assessment in accordance with relevant provisions. Second, information services with information security risks should be rectified until they comply with laws, administrative regulations and other relevant provisions and relevant national standards and norms before continuing to provide services. Third, record backups should be kept for not less than six months and made available to relevant law enforcement agencies upon enquiry in accordance with the law. Fourth, it should cooperate with the supervision and inspection implemented by the Internet information department in accordance with the law, and provide the necessary technical support and assistance. Fifth, it accepts social supervision, sets up a convenient complaint and reporting portal, and handles public complaints and reports in a timely manner.

What are the penalties for providers and users of blockchain information services that violate the requirements of the Regulations?

A: Violation of the relevant provisions of the Regulations shall be punished by the State and the Internet Information Office of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with these Regulations and relevant laws and administrative regulations; if it constitutes a crime, criminal responsibility shall be investigated in accordance with law.


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