Interpretation of the Interim Provisions on Mobile Smart Terminal Application Software Preset and Distribution Management Attached is the full text

Interpretation of the Interim Regulations on the Preset and Distribution Management of Mobile Intelligent Terminal Application Software (full text attached)

Recently, the Ministry of Industry and Information Technology issued the "Mobile Intelligent Terminal Application Software Preset and Distribution" This notice is to promote the healthy and orderly development of the mobile Internet, build a safe and trustworthy information and communication network environment, safeguard users' rights to know and choose in accordance with the law, promote mass entrepreneurship and innovation, and standardize the order of the mobile Internet market. . The following is the full text of the regulations and related interpretations, welcome to read! Related interpretations:

1. What is the purpose and main content of issuing the "Interim Provisions on the Management of Preset and Distribution of Mobile Intelligent Terminal Application Software"?

Answer: The rapid development of the mobile Internet has greatly promoted the development and progress of the economy and society. While bringing convenience to people's production and life, some problems that damage the security of users' personal information and property have also gradually been exposed. In order to protect the legitimate rights and interests of users, standardize the order of the mobile Internet market, maintain network security, and promote the healthy development of the information and communication industry, our Ministry has formulated the "Interim Regulations on the Management of Preset and Distribution of Mobile Intelligent Terminal Application Software" (hereinafter referred to as the "Regulations") in accordance with the law. Focus on regulating the preset behavior of mobile intelligent terminal application software (APP) of intelligent terminal manufacturers, as well as the distribution services of mobile intelligent terminal application software provided by Internet information service providers.

The "Regulations" require manufacturing enterprises and Internet information service providers to expressly provide relevant information on mobile smart terminal application software, ensure that mobile smart terminal application software other than basic functional software can be uninstalled, and clarify that those engaged in applications Internet information service providers such as stores and other mobile application distribution platforms, as well as manufacturers that have mobile application distribution platforms pre-installed in mobile smart terminals, have management responsibilities for the application software they provide, and also stipulate the corresponding responsibilities of the communications authorities. Management Responsibilities.

2. What is the process of formulating the "Regulations"?

Answer: During the drafting process of the "Regulations", we mainly carried out the following work:

1 It is to organize research and formulate work ideas. Conducted research on the preset and distribution of mobile smart terminal application software, and formulated work ideas focusing on the preset and distribution of application software for mobile smart terminal manufacturers and Internet information service providers to strengthen industry management and protect the legitimate rights and interests of consumers. .

The second is to draft the "Regulations" based on the opinions of all parties. Our Ministry has extensively listened to the opinions of mobile intelligent terminal manufacturers, Internet companies, basic telecommunications operators, local communications bureaus, etc. on the formulation of the "Regulations" and formulated the "Regulations" (Draft for Comments).

The third is to publicly solicit opinions and further revise and improve it. In November 2015, our Ministry released the draft of the "Regulations" to the public for comments through the department's website and official Weibo. All sectors of society gave positive comments on the formulation of the "Regulations" and also put forward many constructive opinions. Based on the feedback received during the public solicitation period, our Ministry has made further modifications and improvements to the Regulations. In addition, our Ministry also notified the WTO/TBT of the Regulations in accordance with international practice.

Fourth, based on the above work, our ministry officially issued the "Regulations" in accordance with the prescribed procedures.

3. When users use mobile smart terminal application software, they often encounter sensitive behaviors such as prompting the terminal to call contacts, user location, establish data connections, etc. How does the "Regulations" regulate these behaviors? < /p>

Answer: Paragraph (2) of Article 5 of the "Regulations" requires that mobile smart terminal application software provided by manufacturing enterprises and Internet information service providers shall not collect and use the user's personal information without express consent and the user's consent. Information and other behaviors. The "user personal information" includes user basic information, identity certificate, physiological markers, contact information, location information, etc. For details, please refer to the communications industry standards YD/T 2407 "Technical Requirements for Security Capabilities of Mobile Intelligent Terminals", YD/T 2781-2014 "Definition and Classification of Personal Information Protection of Telecom and Internet Service Users", YD/T 2439-2012 "Mobile Internet Malicious Program Description Format".

4. How to define the illegal sending of commercial electronic information?

Answer: Article 7 of the "Decision of the Standing Committee of the National People's Congress on Strengthening Network Information Protection" stipulates that any organization and Individuals may not send commercial electronic information to their fixed phones, mobile phones or personal e-mails without the consent or request of the electronic information recipient, or if the electronic information recipient expressly refuses.

5. During supervision and inspection, enterprises are required to cooperate in providing? Conditions for convenient access to application software? How should we understand it?

Answer: The conditions for convenient access to application software mean that enterprises should cooperate Providing the application's original installation package, download link, application-related information or instructions, and other necessary conditions for supervision and inspection, does not include providing source code and other internal company information.

6. Which software belongs to the basic function application software?

Answer: The basic function software in this "Regulations" refers to the mobile intelligence that ensures the normal operation of the mobile intelligent terminal hardware and operating system. Terminal application software mainly includes four categories: first, the basic components of the operating system: such as system kernel applications, virtual machine applications, web browsing engines, etc.; second, applications that ensure the normal operation of smart terminal hardware: such as Bluetooth, GPS, fingerprint sensor applications, etc. ; The third is basic communication applications: such as text messages, dialing, contacts, etc.; the fourth is application software download channels: such as application stores, etc.

7. What information should mobile application software distribution platforms know about application software providers, operators, and developers?

Answer: The Internet is engaged in mobile application distribution platform services such as application stores. Information service providers, as well as manufacturing companies that have pre-installed mobile application distribution platforms in mobile smart terminals, should register the true information of application software providers, operators, and developers in their platforms, and distinguish between enterprise developers and individual developers. . If application software operators and developers are domestic enterprises, they need to record registration information with the Industrial and Commercial Bureau, including business license, organization code certificate, company registration address, contact information (phone, email), etc.; application software providers, operators, If the developer is a domestic natural person, he or she must record valid certificate information, which may include ID card, passport, residential address, contact information (phone, email), etc.; overseas application software providers, operators, and developers must provide the corresponding true identity documents. bank account information, email information, etc.

8. Is electronic signature of application software a mandatory requirement?

Answer: In order to guide the healthy and orderly development of the APP industry, avoid malicious tampering of APPs, strengthen the traceability of malicious APPs, and ensure For the legitimate rights and interests of developers and users, our Ministry encourages APPs to use digital certificates issued by certification agencies that comply with the national "Electronic Signature Law" and other relevant laws for electronic signatures.

9. How do users file complaints and reports?

Answer: When users find that mobile smart terminal application software violates the relevant requirements of these "Regulations", they can complain and report to the enterprise. It should be properly handled within the prescribed and publicly committed time limit; if the user is dissatisfied with the handling result, the user can appeal to the telecommunications user complaint acceptance agency (telephone: 010-12300, provincial capital city area code -12300).

If users find that mobile terminal application software contains prohibited content stipulated in laws and regulations or illegally sends commercial electronic information, they can report it to the Internet Bad Information and Spam Reporting Center (the phone number is: 010-12321, provincial capital city Area code -12321).

10. Is there a transition period after the promulgation of this regulation?

Answer: There will be a half-year transition period after the official promulgation of this regulation, which will officially start from July 1, 2017. implementation.

Notice of the Ministry of Industry and Information Technology on the issuance of the "Interim Provisions on the Preset and Distribution Management of Mobile Intelligent Terminal Application Software"

Ministry of Industry and Information Technology Information Management [2016] No. 407

All relevant units:

The "Interim Provisions on the Preset and Distribution Management of Mobile Intelligent Terminal Application Software" are now issued to you, please comply with them.

Ministry of Industry and Information Technology

Interim Provisions on Mobile Smart Terminal Application Software Preset and Distribution Management on December 16, 2016

In order to promote healthy and effective mobile Internet To develop in an orderly manner, build a safe and trustworthy information and communication network environment, safeguard users' rights to know and choose in accordance with the law, promote mass entrepreneurship and innovation, and standardize the order of the mobile Internet market. According to the "Standing Committee of the National People's Congress on Strengthening Network Information Protection These regulations are formulated in accordance with relevant provisions such as the Decision, the Cybersecurity Law of the People's Republic of China, the Telecommunications Regulations of the People's Republic of China, and the Measures for the Administration of Internet Information Services.

Article 1 The Ministry of Industry and Information Technology vigorously promotes the development of mobile intelligent terminal application software, and encourages mobile intelligent terminal manufacturers, Internet information service providers and other related enterprises to actively develop mobile intelligent terminal application software products to enrich information consumption content and guide enterprises to improve relevant management mechanisms. Encourage relevant industry associations and others to formulate self-discipline management systems in accordance with the law, uniformly regulate the preset and distribution of mobile intelligent terminal application software, maintain network security, and strengthen the protection of user rights and interests.

Article 2 These regulations regulate the preset behavior of mobile intelligent terminal application software by mobile intelligent terminal manufacturers (hereinafter referred to as the production enterprises), as well as the mobile intelligent terminal application software distribution services provided by Internet information service providers.

Article 3 The Ministry of Industry and Information Technology shall, in accordance with these regulations, supervise and manage the preset and distribution services of mobile intelligent terminal application software nationwide. The communications bureaus of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter collectively referred to as local communications authorities), under the leadership of the Ministry of Industry and Information Technology, shall supervise and manage mobile intelligent terminal application software preset and distribution services within their respective administrative regions in accordance with these regulations. The Ministry of Industry and Information Technology and local communications authorities should further improve the supervision system for mobile intelligent terminal application software preset and distribution services, and strengthen in-process and post-event management.

Article 4 Manufacturing enterprises and Internet information service providers that provide mobile intelligent terminal application software distribution services (hereinafter referred to as Internet information service providers) shall not provide or disseminate mobile intelligent terminal application software containing the following content:

(1) Oppose the basic principles established by the Constitution;

(2) Endanger national security, leak state secrets, subvert state power, and undermine national unity;

(3) Damaging national honor and interests;

(4) Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity;

(5) Undermining national religious policies , Promote cults and feudal superstitions;

(6) Spread rumors, disrupt social order, and undermine social stability;

(7) Spread obscenity, pornography, gambling, violence, and murder , terror or instigating crimes;

(8) Insulting or slandering others and infringing upon others' legitimate rights and interests;

(9) Containing other content prohibited by laws and administrative regulations.

Article 5 Manufacturing enterprises and Internet information service providers should provide mobile intelligent terminal application software in accordance with laws and regulations, take effective measures to maintain network security, and effectively protect the legitimate rights and interests of users.

(1) Manufacturers and Internet information service providers that provide pre-installed software for mobile smart terminals (hereinafter referred to as pre-installed software) should consciously maintain fair competition in the industry and protect users' rights to know and choose in accordance with the law. It is not allowed to conduct actions that undermine the order of market competition or infringe on the legitimate rights and interests of users.

(2) Mobile smart terminal application software provided by manufacturing enterprises and Internet information service providers shall not invoke terminal functions unrelated to the services provided, or illegally send commercial electronic information; without express consent and user consent , and shall not collect or use users' personal information, open application software, bundle and promote other application software, or otherwise infringe on users' legitimate rights and interests or endanger network security.

(3) Enterprises that provide fee collection for mobile smart terminal application software should take necessary measures to strengthen the management of billing and charging activities and eliminate unknown deductions; charging enterprises should provide user confirmation information and calculation The original data shall be kept for at least 5 months and provided to facilitate user inquiries.

(4) Manufacturing enterprises should restrict sales channels and are not allowed to install application software in mobile smart terminals without the user's consent, and remind users of the possibility of application software being installed on the terminal during sales channels and other links. Risks and Responses.

Article 6 Both manufacturing enterprises and Internet information service providers should clearly disclose the relevant information on mobile smart terminal application software provided.

(1) Both manufacturing enterprises and Internet information service providers should clearly disclose the information of the mobile smart terminal application software provided through user prompts, corporate websites, etc., including name, function description, uninstallation method, developer Information, list of permissions required for software installation and operation, etc., and clearly inform users of the content, purpose, method and scope of the application software's collection and use of users' personal information.

(2) The manufacturer should provide the preset software list information in the terminal product manual, and indicate the query method for the detailed information of the preset software in the terminal product manual or outer packaging. When submitting applications for mobile smart terminal network access, manufacturers should provide a statement that the relevant products meet the aforementioned requirements.

(3) Mobile smart terminal applications involving charging should strictly abide by relevant regulations such as clear price tags, clearly indicate charging standards and charging methods, and indicate that the content is true, accurate, eye-catching and standardized, and fees can be deducted only after confirmation by the user.

Article 7 Manufacturing enterprises and Internet information service providers should ensure that mobile smart terminal application software other than basic functional software can be uninstalled.

(1) The basic functional software of mobile smart terminals refers to the application software that ensures the normal operation of mobile smart terminal hardware and operating systems. It mainly includes basic components of the operating system, applications that ensure the normal operation of smart terminal hardware, and basic Communication applications, application software download channels, etc. At most one of the basic functional software preset in the terminal that implements the same function can be set to be uninstallable.

(2) Manufacturing enterprises and Internet information service providers should ensure that the provided mobile smart terminal application software other than basic functional software can be easily uninstalled by users without affecting the safe use of mobile smart terminals. In this case, the resource files, configuration files and user data files attached to the software should also be able to be easily uninstalled.

(3) Manufacturing enterprises should ensure that pre-installed software that has been uninstalled is not forcibly restored when the mobile smart terminal operating system is upgraded; it should ensure that the pre-set software is consistent before and after the mobile smart terminal obtains a network access license. gender; if mobile smart terminals add pre-installed software or have major functional changes, they should be reported to the Ministry of Industry and Information Technology in a timely manner.

Article 8 Internet information service providers engaged in mobile application distribution platform services such as application stores, as well as manufacturing enterprises with mobile application distribution platforms pre-installed in mobile smart terminals, are responsible for the application software provided The following management responsibilities:

(1) The real identity, contact information and other information of application software providers, operators and developers should be registered.

(2) An application software management mechanism should be established to conduct review and security, service and other related testing of application software. Malicious application software and other illegal software found during the review and testing shall not be provided to users; Track and monitor the application software provided, handle illegal software in a timely manner, and establish and improve measures for handling user reports and complaints.

(3) Application software providers should be required to declare the user terminal permissions and purposes they obtain when submitting application software, and make the above information clear to users who download the software.

(4) The provided application software, as well as the software’s version, online time, function introduction, usage, MD5 (Message Digest Algorithm 5) and other check values, server access and other information should be retained for future reference. For retrospective testing, relevant information will be retained for no less than 60 days.

(5) Relevant enterprises should promptly remove application software that violates the requirements of Article 4 of these Regulations, as well as malicious application software discovered during supervision and inspection by the communications authorities.

(6) Network security protection and education and training for relevant personnel should be strengthened to ensure the security of their own systems and the security of users’ personal information.

Article 9 The communications authorities shall supervise and inspect the implementation of the relevant requirements of these regulations by production enterprises and Internet information service providers.

(1) The communications authorities should organize professional testing agencies to carry out supervision, testing and identification of malicious application software pre-installed by manufacturing enterprises and provided by Internet information service providers. Relevant enterprises should cooperate. And provide convenient conditions for obtaining application software.

(2) The testing agency should submit the testing and certification report to the communications authority in a timely manner. Based on the report, the communications authorities require and supervise relevant enterprises to make rectifications, and notify and supervise Internet information service providers to remove malicious application software.

(3) The communications authorities shall inform the public about supervision, inspection and testing situations.

(4) In emergencies and when Internet information service providers fail to promptly remove illegal application software as required, the communications authorities may require relevant units to take disposal measures in accordance with laws and regulations.

Article 10 Relevant enterprises and social organizations should further improve service guarantee measures and improve the level of user rights protection.

(1) Manufacturing enterprises and Internet information service providers should establish a complaint and report acceptance system for mobile smart terminal application software, provide users with a convenient way to complain and report, and accept, verify and handle user complaints and reports. If users find that mobile smart terminal application software violates the requirements of these regulations, they can complain and report to the relevant enterprises, and the enterprises should handle it appropriately within the time limit specified and publicly committed; if they are dissatisfied with the handling results, users can appeal to the telecommunications user complaint acceptance agency. Users who find malicious application software, as well as mobile terminal application software that contains prohibited content stipulated in laws and regulations or illegally sends commercial electronic information, can report it to the Bad Network and Spam Reporting Center.

(2) The Ministry of Industry and Information Technology encourages mobile intelligent terminal applications to use digital certificates issued by electronic certification service agencies established in accordance with the law for signature; guides relevant enterprises to use signed mobile intelligent terminal application software in accordance with the law. The digital certificate issued by the established electronic certification service agency shall be verified and clearly marked.

(3) The Ministry of Industry and Information Technology supports relevant social organizations to establish a blacklist of malicious application software through industry self-discipline, and realize the exchange of blacklist information among relevant enterprises, professional testing institutions and users. Enjoy.

Article 11 For those who violate these regulations, the communications authorities shall order corrections according to their powers, impose penalties in accordance with the law, and record in the credit files the administrative penalties imposed on production enterprises and Internet information service providers for violating these regulations. , announced to the public. For application software clues suspected of illegal crimes, all units should report to the public security organs in a timely manner.

Article 12 The meanings of the following terms in these regulations are:

Mobile smart terminals refer to devices that are connected to the public mobile communication network, have an operating system, and can install and uninstall application software by themselves. mobile communication terminal products.

Mobile smart terminal application software (APP for short in English) includes mobile smart terminal preset application software, as well as Internet information service providers that can be downloaded, installed and upgraded through mobile application distribution platforms such as websites and app stores. application software.

Mobile application distribution platform refers to application software platforms such as websites and application stores that provide mobile smart terminal application software download, installation and upgrade.

The pre-installed application software of mobile smart terminals refers to the application software installed by the manufacturer itself or in cooperation with Internet information service providers before the mobile smart terminal leaves the factory.

Malicious application software refers to application software that contains information theft, malicious deductions, deception, fraud, system damage and other malicious behaviors, as well as other applications that endanger user rights and network security.

Commercial electronic information refers to electronic information that uses telecommunications networks or the Internet to introduce and promote products, services or business investment opportunities to users.

Article 13 The right to interpret these regulations belongs to the Ministry of Industry and Information Technology.

Article 14 These regulations will come into effect on July 1, 2017.

;