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Telecom Law Well under Progress
The widely anticipated Telecommunication Law is expected to be reviewed and passed before the current term of the National People's Congress expires next year, said the financial and economics committee under the NPC.
The Congress has received dozens of proposals calling for accelerating the law's establishment, which has become increasingly compelling prior to China's entry to the World Trade Organization expected this year.
Current supervision over the telecommunication sector is based on regulations made by the State Council and related departments. However, they have lagged behind the explosive growth of the industry.
At NPC request, the Ministry of Information Industry (MII) has set up a task force and is speeding up efforts to flesh out a draft based on the experiences derived from implementation of the existing telecommunication regulations.
In another development, MII said the government would not lay down an e-business law in the near future in order to free the sector's development from any legal obstacles.
The statement was in answer to the proposal raised during the third session of the Ninth National People's Congress last year, which called for the establishment of an e-business law as soon as possible to guide its development.
The proposal said e-business related problems including taxation, data protection, network security, intellectual property rights and domain names registration should be solved right away to protect consumers' rights.
However, given that the development of e-business is just as quick as technological progress, the government and legislative bodies usually are slow to understand it thoroughly. In this case, MII said, just as the rest of the world, the government hold a prudent attitude over the sector's legislation.
To drive the development and application of e-business, the government plans to watch the sector closely while adjusting policies and fostering a sound environment, MII said.
China's e-business is developing very rapidly at present, but still is in its beginning stages. The turnover is small and an electronic payment system has not been set up.
Current laws and regulations on:
1: Internet Access (ISPs)In September 1998, the State Council implemented an operating permit system for access units and interconnected networks. It requires all providers of telecommunications services to be licensed by the MII or its local counterparts. Based on the classification schemes set forth in the Telecom Regulations, the interconnected networks are viewed as providers of basic telecommunications services, while most access units are classified as providers of value-added telecommunication services.
2: Internet information servicesThe basic framework for the regulation of information services over the Internet was set out in a series of regulations issued in the autumn of 2000. These include the Measures for the Administration of Internet Information Services (IIS Measures); the Provisions for the Administration of Internet Electronic Bulletin Services (EBS Provisions); the Interim Provisions for the Administration of Websites Engaged in the Business of Publishing News (Internet News Provisions).
3. Online advertisingThe Beijing Municipal Administration for Industry and Commerce issued a notice in May 2000 that may serve as precursor of future regulations. Under the notice, which is only effective in Beijing, business entities that already possess an advertising operation licence are permitted to engage in design, production and agency for online advertising, and to publish advertisements online.
Other lawfully established Internet entities will be permitted to publish advertisements from authorized advertising agencies after having completed the procedures to become authorized publishers. Such entities may also apply for advertising operations licences, which, if grated, allow them to engage in advertising design, production and agency service.
4. SecurityThe Ministry of Public Security promulgated measures at the end of 1997 regarding security in the international networking of computer information systems. These measures include anti-hacking and anti-virus provisions, according to the principle of legal protection for privacy of correspondence over the Internet.
Regulations were issued in January 2000 concerning the protection of State secrets on the Internet.
5. Database ProtectionThe obligations of Internet business to maintain the privacy of personal information and correspondence has been expressed in a number of regulations, including the Telecom Regulations, the MII Measures, the EBS Provision and regulations promulgated by the Ministry of Public Security in 1997.
The EBS Provisions state that personal information may not be disclosed without the user's consent. In the course of a government effort to reduce spamming that began in late 2000, it was announced that all sales of database information are illegal.
Source: chinadaily.com.cn
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