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China - Government to further crack down on internet use: managing bandwidth, enforcing licensure, eliminating "layer sublet" VPN use. - January 22, 2017

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  • China - Government to further crack down on internet use: managing bandwidth, enforcing licensure, eliminating "layer sublet" VPN use. - January 22, 2017

    Notice of the Ministry of Industry and Information Technology on Clearing up the Standardized Market of Internet Network Access Service

    Published: 2017-01-22 Source: Information and Communication Authority
    Ministry of Information Management letter [ 2017 ] 32 No.
    China Unicom Network Communications Group Co., Ltd., China Radio and Television Network Limited, CITIC Network Limited, the Internet data center Business Operators, Internet Access Service Operators, Content Distribution Network Operators:

    In recent years, advances in information technology networks, cloud computing, big data and other applications to flourish , China's Internet network access services market is facing a rare of development opportunities, but disorderly development of signs also will show the urgent need for regulation norms . To further standardize the market order , strengthen the network information security management, the Internet industry to promote the healthy and orderly development, the Ministry of Industry and Information Technology decided from now on to 2018 Nian 3 Yue 31 days, nationwide Internet network access services market clean-up Normative work. The relevant matters are hereby notified as follows:

    First, the objectives and tasks

    (IDC) business, Internet access service (ISP) business and content distribution network (CDN) business market, such as illegal business, beyond the scope of business, "layer sublet" and other illegal acts, earnestly implement the enterprise Strengthen the management of network information security, safeguard fair and orderly market order, and promote the healthy development of the industry.

    Second, the focus of work

    (A) strengthen the qualification management, investigate and deal with illegal business

    1 . Each Communications Authority toprovide within its jurisdictionthe IDC,the ISP,corporate situation CDN business to thoroughly investigate,prevent these illegal businessbehavior: ( 1 ) operating without a license. That enterprise did not obtain the corresponding telecommunications business license certificate in the local unauthorized conduct IDC, ISP, CDN, and other services . ( 2 ) over the geographical scope of operations. That enterprise holding the corresponding telecommunications business license, covering the area of the region is not included, but the deployment of local IDC room and server carry ISP access service and so on .

    ( 3 ) ultra-scope of business. That is held by an enterprise telecommunications business license, but beyond the approved business types in the conduct of local IDC, ISP, CDN and other services. ( 4 ) sublet transfer license. That holds the corresponding telecommunications business license of the enterprise, in the name of technical cooperation resources to provide qualified undocumented or illegal business enterprise telecom services illegal behavior. 2 . In the "Classification of Telecommunications Services ( , 2015 edition)" before the implementation holds IDC business license, if the actualhas undertaken collaborative Internet resourceservicebusiness or CDN servicesshould be in 201 . 7 Nian 3 Yue 31 before the date , the original hair CAs written commitments in 2017 Nian end of the yearbeforeto reach the relevant business license requirements and to taketo give the corresponding businesstelecommunications businesslicensecertificate.

    Not scheduled commitment , since the 2017 Nian 4 Yue 1 Ri onwards, should be strictly in accordance with its business activities specified in the scope of business license, not an operating unlicensed phase related businesses. Fails to promise such period taken to give the corresponding telecommunications service operators license , since 201 . 8 Nian 1 Yue 1 Ri onwards, not too run the business.

    (B) strict resource management, to prevent illegal use

    The basic telecommunications enterprises, Internet access service network infrastructure and IP addresses, bandwidth and other network access resources to conduct a comprehensive self-examination, and effectively rectify the following questions:

    1 network access resource management problem is not in place. Each basic telecommunications enterprisesshould strengthen the line resource management, strict examination and qualified party rental purposes, not to the corresponding non-telecommunications business license for businesses and individuals to provide businessIDC, ISP, CDN business ofnetwork infrastructure andIP address, bandwidth, and other network accessresources.

    2 . Violations itself or use of illicit resources. IDC, ISP, CDN businessmay not privatesince the construction of communicationstransmissionfacilities,may not be used without the appropriate network infrastructure telecommunications business license qualification units or individuals and theIP address, bandwidth, and other network accessresources.

    3 . Layers of sublease issues. IDC, ISPcompaniesmay not be acquiredIP address, bandwidth, and other networkaccess resources sublet to other companies foroperating the IDC,the ISP business. 4 . Illegal conduct cross-border business issues. Without the approval of the telecommunications administrations, can not create their own or leased line (including a virtual private networkthe VPN) and other channels to carry out cross-border business activities. The international private line leased by the basic telecommunication enterprise to the user shall focus on the establishment of the user file, and shall be used exclusively for internal use only by the user, and shall not be used to connect the data center or business platform inside and outside China to carry out telecommunication business activities. (C) the implementation of the relevant requirements, consolidate the management foundation

    Implement the "Industry and Information Technology on Further Regulating the Internet data center (IDC) services and Internet access services (ISP) business market access work notice" (Ministry of Electric Pipe letter [ 2012 ] 552 , hereinafter referred to as "notice" ) on the financial, personnel, venues, facilities, technical solutions and information security management requirements, strengthen before, during, and afterwards the whole process management.

    1 . 2012 Nian 12 Yue 1 Riqian takewas the IDC,the enterprise ISP licenses, should refer to"notice"on the financial, personnel, venues, facilities, technology and information security program management and other aspects ofthe requirements, building related systems, through the evaluation, And complete the system docking work. Not currently meet the relevant requirements of the enterprise, should be in 201 . 7 Nian 3 Yue 31 before the date , the original issuing authority in writing commitments in 2017 Nian end ago to meet the relevant requirements, through the evaluation and complete docking system. Fails to promise or fails to commitments on schedule to complete the docking system through the evaluation of the work, each of the Communications Authority should urge relevant enterprises rectification .

    Among them, the relevant enterprises should be in accordance with the "do a good job on the Internet information security management system construction and docking work notice", "on the national value-added IDC / ISP corporate Internet information security management system docking letter" and "Internet Information Security Management system and operation management (tentative) "(Department of Industry network security [ 2016 ] 135 number ) requirements, and fulfill the Internet information security management system construction, evaluation and docking system. Fails to complete, the enterprise 2017 Telecommunications business license not pass inspection.

    2 . The new application IDC (Internet Resource CollaborationService) businessoperatinglicenses of enterprises requireconstructionICP / IP address / domain name information filing system,enterpriseaccess resource management platform, information security management system, the implementation ofIDC room to run securityand network information security requirements, and through the relevantevaluation. 3 . The new application CDN servicesbusinesslicense of the enterprise requiredthe construction ofICP / IP address / domain name information filing system,enterpriseaccess resource management platform, information security management system, the implementation of network information security requirements, and through the relevantevaluation. 4 . Existing holders IDC enterprises to apply for extended coverageor add a new room, the service node in the original business coverage, we need to adda rangewithinreach "notice" onIDC room to run securityand networkinformation security managementrequirements, and throughthe relevantevaluation. 5 . Existing licensed ISP (including website access) enterprises to apply for extended coverage, we need to cover in the new business areasto achieve "notice" on the networkinformation security managementrequirements, and throughthe relevantevaluation.

    6 . Existing licensed CDN enterprises to apply for extended coverage in the original business coverage or increase the bandwidth, the service node, need newrangewithinreach "notice" on the networkinformation security managementrequirements, and throughthe relevantevaluation.

    Third, safeguard measures

    (A) guiding the policy advocacy, good advisory services

    Each Communications Authority to use a variety of ways to do policy Publicizing and interpretation work, published phone receiving related reports and answers to business issues advice, and guide enterprises to carry out business activities in accordance with legal requirements. Chinese Academy of ICT to do related evaluation support, assisting portion and each of the communication policy of the Authority to do Publicizing reported receiving, business questions and so on.

    (B) to carry out self-examination, and consciously clean-up rectification

    The basic telecom enterprise group companies to organize a comprehensive self-examination of subordinate enterprises, unified business rules and related requirements, from the contract constraints, use review, accountability and other violations of the whole process to strengthen the standardized management and prevent access to all types of illegal use of resources; Should immediately be corrected, and held responsible for the responsible person.

    The IDC, ISP and CDN enterprises shall implement the main responsibilities according to the notice, and rectify all kinds of irregularities in time according to the requirements of this Circular, and ensure the legal and legal compliance of business qualification, network facilities and line resources, strengthen the construction of management systems. Through evaluation.

    (C) strengthen supervision and inspection, thorough investigation of irregularities

    The Communications Authority to strengthen the supervision and inspection of enterprises to implement the situation and found that violations of the timely supervision and rectification to the enterprise, the enterprise refused to rectification should be severely punished according to law; the circumstances are serious, should be identified in the annual inspection of the annual inspection failed, its The business license shall not be renewed according to law at the expiration of the business license, and the basic telecommunication enterprise shall give priority to its credit record in cooperating with and providing the access service. The Ministry will be combined with petition reports, public opinion, etc. timely organization to carry out supervision and spot checks.

    (D) improve the exit mechanism, good aftermath

    For does not meet the requirements of the relevant license or included by the presence of irregularities were included in bad credit history of the business, can not continue to develop new user. Issuing authority and urge the relevant enterprises in the meantime users do remedial work in accordance with the relevant provisions of the "telecommunications business license management approach." Issuing authority to submit business license cancellation of the application, the issuing authority should be legally written off the company's IDC, ISP license.

    (E) improve the credit management, strengthen personnel training

    And actively explore the advantages of third-party institutions to study the establishment of IDC / ISP / CDN enterprise credit evaluation mechanism, from the infrastructure, quality of service, network and information security capabilities and other multi-dimensional comprehensive assessment, guide enterprises to their credit situation, improve management system, Regulate market behavior. The Communications Authority to strengthen the skills of the relevant personnel training, and continuously improve the professional quality of employees and the ability level.

    Fourth, the work requirements

    (A) to raise awareness, strengthen the organization and leadership

    Carry out the Internet network access service market norms clean-up work is to strengthen the Internet industry management and basic management of the important content, to consolidate the management foundation, promote the healthy and orderly development of the industry is of great significance. The relevant units to specify the relevant leaders take the lead in charge, to strengthen organizational security, do a good job implementing.


    The communication bureau, the basic telecom enterprise group company and the internet network access service enterprise shall carry out their responsibility. According to the requirements of this notice, work plans shall be formulated to clarify the division of tasks, work schedule and responsibilities and detailed responsibilities. Standardize the clean-up tasks to complete on schedule.

    (C) to strengthen communication, regular briefing

    The communication bureau and the basic telecom enterprise group companies should strengthen communication and cooperation, summarize the work experience in a timely manner, submit the work progress to the ministry (Information and Communication Administration) at the end of each quarter, and report to the Ministry of major issues at any time. Ministry (Information and Communication Administration) will establish a system of information reporting, and regularly publicize the progress of the work of standardizing the clean-up work.



    Ministry of Industry and Information Technology

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