英语巴士网

互联网IP地址备案管理办法

分类: 法律英语 
 

(Promulgated by the Ministry of Information Industry on 8 February 2005, and effective as of 20 March 2005.)

颁布日期:20050208  实施日期:20050320  颁布单位:信息产业部

Article 1 These Procedures have been formulated in order to strengthen the administration of the use of internet IP address resources, maintain the security of internet networks, safeguard the fundamental interests of general internet users and promote the healthy development of the internet industry.

Article 2 These Procedures shall apply to work units that obtain IP addresses within the People's Republic of China directly from international organizations with the management right of IP addresses such as Asia Pacific Network Information Centre, and work units that allocate IP addresses for use by other work units or individuals.

Article 3 Work units that obtain IP addresses directly from international organizations with the management right of IP addresses such as Asia Pacific Network Information Centre for use by themselves or for allocation to other units or individuals shall be collectively referred to as primary IP address allocation institutions.

Work units that obtain IP addresses directly from primary IP address allocation institutions for use by themselves as well as for allocation to other units or individuals shall be referred to as secondary IP address allocation institutions (IP address allocation institutions at lower levels shall be classified by analogy)。

Article 4 The State shall implement record filing administration on the allocation and use of IP addresses.

Article 5 The Ministry of Information Industry of the People's Republic of China (MII) shall supervise and regulate the record filing of the IP addresses of basic telecommunications business operators, non-profit internet network units and the China Internet Network Information Centre.

The communications administration of provinces, autonomous regions and municipalities directly under the central government (hereafter, “provincial communications administrations”) shall supervise and regulate the record filing of the IP addresses of other IP address allocation institutions at all levels within its jurisdiction.

Article 6 MII shall establish and manage a National Internet IP Address Database and specify and adjust the IP address information required to be filed by IP address allocation institutions; each provincial communications administration shall use the National Internet IP Address Database to administer the IP address information to be filed by the IP address allocation institutions at all levels within its jurisdiction.

Article 7 IP address allocation institutions at all levels shall file IP address information through the website specified by MII in an electronic form pursuant to the requirements of record filing of IP addresses.

Article 8 IP address allocation institutions at all levels shall file IP address information truthfully and completely in record filing of IP addresses (please see the Appendix to these Procedures for the IP address information required to be filed)。

Article 9 IP address allocation institutions at all levels shall complete the initial record filing within 20 working days of obtaining IP addresses.

Article 10 If there is a change in the IP address information applied for and allocated by an IP address allocation institution at any level, the IP address allocation institution shall submit the changed IP address information through the website specified by MII in an electronic form pursuant to the requirements of record filing of IP addresses within 5 working days of the change.

If there is a change in the contact person or contact method for an IP address allocation institution at any level, the changed information shall be filed within 10 working days of the change.

Article 11 The filing of the IP address information of basic telecommunications business operators shall be completed jointly by the group company (head office) of the basic telecommunications business operator and the provincial company (provincial branch) of the basic telecommunications business operator.

The group company (head office) of each basic telecommunications business operator shall complete the filing of information in relation to the IP addresses it applies for uses or allocates to provincial companies (provincial branches) in accordance with the provisions of these Procedures. Each provincial company (provincial branch) of a basic telecommunications business operator shall uniformly complete the filing of information in relation to the IP addresses it or its subsidiaries (branches) applies for, uses or allocates in accordance with the provisions of these Procedures.

Article 12 Units that administer non-profit internet networks such as China Education and Research Network, China Science and Technology Network, China International Economy and Trade Net and China Great Wall Net shall uniformly complete the filing of information in relation to the IP addresses they apply for, use or allocate in accordance with the provisions of these Procedures.

Article 13 If an IP address allocation institution is also an internet service provider, it shall keep a true record of the IP address information of the users that have their own IP addresses to which it provides connection service, and shall handle record filing of such IP address information within five days of providing the connection service.

Article 14 IP address allocation institutions at all levels shall set up and improve their IP address management systems.

Article 15 When allocating IP addresses, IP address allocation institutions at all levels shall notify IP address allocation institutions at lower levels of filing of IP address information.

Article 16 MII, provincial communications administrations and their personnel shall have the obligation of maintaining confidentiality of the IP address information filed by IP address allocation institutions.

MII, provincial telecommunications administrations and their personnel shall not provide other parties with the IP address information filed by IP address allocation institutions, unless otherwise provided by laws or administrative regulations.

Article 17 If anyone violates the provisions of Article 8, 9, 10 or 13 hereof, MII or a provincial communications administration shall, by virtue of their authority, order rectification of the matter within a prescribed time limit; if no rectification is made, warning shall be given or a fine of Rmb 10,000 shall be imposed, or both.

Article 18 If anyone violates the provisions of Article 14 hereof by failing to setting up an IP address management system, MII or a provincial communications administration shall, by virtue of their authority, order rectification of the matter within a prescribed time limit; if no rectification is made, a warning shall be given or a fine of not less than Rmb 5,000 and not more than Rmb 10,000 shall be imposed, or both.

Article 19 If any units have obtained IP addresses directly from international organizations with the management right of IP addresses such as Asia Pacific Network Information Centre for use by themselves or for allocation to other units or individuals prior to the implementation of these Procedures, it shall complete the record filing procedures in accordance with the provisions hereof within 45 working days of the implementation of these Procedures.

Article 20 These Procedures shall be implemented as of 20 March 2005

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