Regulations on the Management of Information Services for Mobile Internet Applications

The Cyberspace Administration of China issued the "Regulations on the Management of Information Services for Mobile Internet Applications" (hereinafter referred to as the "Regulations") on the 28th. The "Regulations" will come into effect on August 1.

The relevant person in charge of the National Internet Information Office said that the introduction of the "Regulations" aims to strengthen the standardized management of mobile Internet application (APP) information services, promote the healthy and orderly development of the industry, and protect citizens, legal persons and other legitimate rights and interests of the organization.

The relevant person in charge of the State Internet Information Office said that applications have become the main carrier of mobile Internet information services and have played an important role in providing people's livelihood services and promoting economic and social development. At the same time, a small number of applications are used by criminals to spread illegal information such as violence, terror, obscenity, and rumors. Some of them also engage in behaviors that harm the legitimate rights and interests of users, such as stealing privacy, malicious deductions, deception, and fraud. The society has reacted strongly.

The "Regulations" clarify that mobile Internet application providers should strictly implement information security management responsibilities, establish and improve user information security protection mechanisms, and protect users' rights to know and choose during installation or use in accordance with the law. Respect and protect intellectual property rights.

The "Regulations" require that functions such as collecting geographical location, reading address books, using cameras, and enabling recording are not allowed without explicitly informing the user and obtaining the user's consent. Mobile Internet application providers should record user log information and save it for sixty days.

The "Regulations" require that mobile Internet application providers and Internet application store service providers shall not use applications to engage in activities prohibited by laws and regulations such as endangering national security, disturbing social order, infringing on the legitimate rights and interests of others, and shall not Use the application to produce, copy, publish, and disseminate information content prohibited by laws and regulations. At the same time, the "Regulations" encourage party and government agencies at all levels, enterprises, institutions, and people's organizations to actively use applications to promote the disclosure of government affairs, provide public services, and promote economic and social development.

The relevant person in charge of the Cyberspace Administration of China emphasized that mobile Internet application providers and Internet application store service providers should effectively fulfill their management responsibilities, actively assume social responsibilities, consciously accept public supervision, and provide safe and secure services for netizens. High-quality, convenient and practical information services.

Interpretation link:

The Cyberspace Administration of China issued the "Mobile Internet Application Information Service Management Regulations". The relevant person in charge of the Cyberspace Administration of China said in an interview with the media that the promulgation of the "Mobile Internet Application Information Service Management Regulations" is to strengthen the standardized management of APP information services and promote the healthy and healthy industry in line with the purpose of serving, convenience and benefiting the people. sequential development.

How does the "Mobile Internet Application Information Service Management Regulations" put an end to the "barbaric growth" of APPs? What are the highlights and how do these regulations "implement"? Focusing on these issues, reporters from "Legal Daily" and industry insiders Relevant experts started a dialogue.

Clear law enforcement entities to end "Kowloon flood control"

Reporter: Not long ago, our investigation found that there is a type of so-called game APP. Players exchange RMB for tokens to recharge, regardless of the "game" The tokens can be withdrawn in reverse whether you win or lose, and the game operator will draw profits from the winner's account. Some experts believe that such game apps already have gambling properties. In fact, in the APP market, there are not only similar gambling APPs, but also some APPs related to pornography and violence. What’s more, APPs have become tools for some illegal and criminal activities. In addition, malicious deductions and privacy theft such as communication records, phone calls, text messages, and location information can also be said to be the "crime" of the APP.

On the other hand, APP developers also frequently encounter piracy and infringement problems. Statistics from a network security company found that there are an average of 92 Li Gui behind one Li Kui.

The APP market can be said to be full of chaos.

Because of these practical problems, the Cyberspace Administration of China issued the "Mobile Internet Application Information Service Management Regulations" to strengthen the standardized management of APP information services, which clarifies that "the Cyberspace Administration of China is responsible for the supervision, management and law enforcement of the information content of mobile Internet applications nationwide. Local Internet Information Offices are responsible for the supervision, management and law enforcement of the information content of mobile Internet applications within their respective administrative regions in accordance with their duties."

Zhu Wei: In practice, a large number of illegal APPs are used indiscriminately, and it is easy for users to download and difficult to uninstall. APPs that have been obviously closed secretly run traffic behind the scenes. A simple flashlight APP may become a user's The "spies" in their hands steal user information, send commercial advertisements at every turn, and even worse, resell this information.

There are too many APP chaos that have occurred in our country in recent years. It is too difficult to supervise millions of APPs, and the relevant qualification review departments are too complicated. They only rely on the specific management of a certain department. This It is really difficult to control chaos. The "Management Regulations" clearly stipulate that the Cyberspace Administration of China at all levels will be the main body of law enforcement and supervision. The Cyberspace Administration of China will coordinate various departments and make overall plans to end the "Kowloon flood control" situation. There is no doubt that this will be very effective. At the same time, for APP operators, "one husband's family" is far better than "seven aunts and eight aunts". This also minimizes the operator's institutional costs and is conducive to the healthy development of the APP market.

Zheng Ning: The "Management Regulations" clarify the main body of supervision, management and law enforcement. Article 3 of the "Management Regulations" clarifies the Cyberspace Administration of China as the competent authority of APP, which is of positive significance for solving the "Kowloon flood control" situation of multiple supervision in this field.

The real-name system is the basis for realizing the rule of law on the Internet

Reporter: Regarding the "management regulations" issued by the Cyberspace Administration of China, one focus is on the "real-name system." Judging from the specific provisions of the "Management Regulations", the "real-name system" includes both the APP store's real-name review of the product provider information on the shelves, and the APP provider's real-name system for registered users.

Real-name system is not a new term in the Internet field. It has also been involved in previous network management. This should be a continuation of a measure to govern the Internet according to law.

Zhu Wei: The true information authentication system protects the rights and interests of users. The network real-name system is the foundation for the development of the network economy and the rule of law. Without a real-name system to crack the virtuality, it is like seeking the skin of a tiger and failing to achieve the effect of network governance.

Our country’s legal system for the Internet real-name system has also gone through a process of development, from the reply real-name system to the telecommunications real-name system, from the National People’s Congress Standing Committee’s “Decision on Strengthening Network Information Protection” to the Central Cyberspace Administration’s “Ten Account Rules” . The real-name system has been developed along the way, and it should be said that it has achieved great results, greatly curbing the occurrence of Internet fraud, the spread of pornography, gambling, drugs, and Internet infringement.

The new APP policy divides the online real-name system into two levels: one is to require APP providers to conduct real-name registration for registered users; the other is to require APP stores to conduct real-name review of product provider information on shelves. The real-name content of APP provider registration information is not single. Users can real-name through their mobile phone number or other information such as ID card. At present, the implementation of my country's telecommunications real-name system is relatively optimistic, and the vast majority of mobile phones have real-name authentication. Of course, if possible, APP operators can also achieve the real-name system by cooperating with other platforms, for example, logging in through a certain platform account, and other platforms have actually completed the real-name system through laws and regulations such as the "Ten Account Rules", so, Doing so may also be a good way to save costs. However, if the relevant real-name information of those cooperative platforms is false in practice, then both APP operators and these platforms will also need to bear penalties under civil and administrative laws.

The APP store platform is also crucial to review the real information of APP providers, which is an important component of the two-way real-name system. According to the provisions of the New Deal, these real-name systems will serve as the basis for the establishment of a record-keeping and credit system.

The real-name system is not the purpose, but the basis for achieving the rule of law on the Internet, reducing Internet infringement, and maintaining Internet integrity. It is also the basis for building an Internet integrity system. If an APP operator or platform fails to implement the real-name registration procedure, in addition to assuming administrative liability in accordance with the New Deal and other administrative laws, it must also bear joint and several liability for the infringement of others in accordance with my country's tort law and its judicial interpretations, the Consumer Rights Protection Law and other relevant laws.

User information protection still faces difficulties

Reporter: The "Management Regulations" require that APP providers should follow the principle of "real-name in the backend and voluntary in the frontend" to conduct mobile phone-based registration of registered users. Number and other real identity information authentication. At the same time, it is required to "establish and improve the user information security protection mechanism. The collection and use of users' personal information should follow the principles of legality, legitimacy and necessity, and the purpose, method and scope of collecting and using information should be clearly stated, and the user's consent should be obtained."

A question arises from this: Can APP providers fulfill their information security protection obligations when performing real-name authentication on registered users? A shopping APP developer told us, “The starting point for issuing the policy is Yes, it is necessary to supervise the chaos of APPs, but the implementation of the real-name system will be somewhat difficult and will encounter great challenges. Mainstream APPs generally use Weibo, WeChat or QQ to log in. If an APP is implemented properly. , but similar competitors have not implemented it, which will cause those who implement it to lose users. After all, users will find it troublesome and will choose to use it if it is easy to use and convenient. The real-name system is a double-edged sword and may increase the risk of privacy leaks." .

Zheng Ning: The "Management Regulations" strengthen the protection of personal information, privacy rights and intellectual property rights, and absorb the 2012 National People's Congress Standing Committee's "Decision on Strengthening Network Information Protection" on the collection and use of user information. The three principles of legality, legitimacy and necessity.

Zhu Wei: As far as the privacy protection of the APP New Deal is concerned, these regulations are very specific: protecting users’ right to know and choose. After the promulgation of the new policy, users will face a large number of selective instructions when using APPs. Please do not find it troublesome. This will directly involve the protection of users' own rights; it will type the situation of infringement of privacy rights. The new policy makes specific provisions for functions such as "turning on geographical location, reading address book, using camera, starting recording". These regulations all involve the core privacy of users. No one may infringe upon it without the user’s prior consent; unrelated programs cannot be bundled. Bundled sales are originally prohibited by the Anti-Unfair Competition Law and other relevant laws. However, in the APP market, the concealment of technology makes these bundles invisible. The provisions of the New Deal take off the cloak of concealment and put the "real" and "clean" APP in front of us.

However, it should be noted that the real-name system required by some start-up companies is different from the legal requirements, because the degree of protection and confidentiality of relevant information and registration information by companies is worrying. is a hidden danger. Regarding the regulations on information use, we still apply the decision of the Standing Committee of the National People's Congress in 2012, which requires "legitimacy, legitimacy and necessity." Regarding "legality, legitimacy, and necessity," the "Management Regulations" do not provide a clear explanation. There are currently no restrictions on the extent to which personal identity information and behavioral data can be collected, used, and shared. This is also a difficult problem faced in the implementation process of the "Management Regulations".

Wang Bin: How to ensure the security of personal information after real-name authentication? How to solve the decline in product experience caused by real-name authentication? These issues require enterprises to think carefully and find the best solution in implementing regulations and improving user retention rates. The best solution. However, once the real-name system is truly implemented, problems such as online fraud and pornography can be greatly curbed, and the online environment will gradually become more rational.

Strengthening the APP market self-discipline mechanism

Reporter: In the "Management Regulations" announced this time, the four major management responsibilities of Internet application store service providers are also clarified. APP providers and app stores should sign a service agreement. The regulations in these two aspects should be to urge APP providers and app store service providers to strengthen self-discipline.

Zheng Ning: The "Management Regulations" clarify the four major management responsibilities of Internet application store service providers to APP providers, define the platform responsibilities of Internet application stores, and help urge them to establish and improve self-discipline mechanisms.

Article 9 of the "Management Regulations" stipulates that Internet application store service providers and mobile Internet application providers should sign a service agreement to clarify the rights and obligations of both parties and jointly abide by laws, regulations and platform conventions. This provision is intended to enhance self-discipline through contract.

Zhu Wei: The APP New Deal clarifies the service agreement between APP operators and platforms, and makes "compliance with laws, regulations and platform conventions" a major component of the contract. This is the main means to curb the shirking of responsibilities through internal agreements. These agreements are not only the basis for clarifying the rights and obligations of both parties, but also a declaration of the rule of law and a declaration of good faith reflected in the spirit of civil contracts. Judging from the spirit of the APP self-discipline convention issued by the Beijing Cyberspace Administration, future APP development regulations still mainly require self-discipline. Contracts and platform conventions are the basis of self-discipline and the cornerstone of integrity.

In the APP platform responsibilities, the New Deal will urge providers to "protect user information" and "provide complete instructions for the program to obtain and use user information" to present to users as the top priority of the platform's responsibilities. This also defines the platform as the center of self-discipline in the APP market. The relationship between the platform and APP providers is not a simple commercial partnership, but a relationship of mutual supervision and mutual promotion through social responsibility and other means. A complete APP self-regulatory market should be an interdependent and mutually reinforcing system including platforms, APP providers, users, governments, etc., in which contracts and conventions become the basis for integrity. Especially today with the establishment of the credit reporting system, the good and evil done by operators are all reflections of self-integrity information. The future business competition of the "Internet" requires not only technology and innovation, but also users and integrity.

Legal basis: "Interim Provisions on the Protection and Management of Personal Information in Mobile Internet Applications"

Article 1 is to protect the rights and interests of personal information and regulate personal information in mobile Internet applications (hereinafter referred to as App) Processing activities and promoting the reasonable use of personal information, these regulations are formulated in accordance with the "Cybersecurity Law of the People's Republic of China" and other laws and regulations.

Article 3: App personal information processing activities as mentioned in these regulations refer to the activities of collecting, storing, using, processing, and transmitting personal information by applications running in mobile smart terminals.

The term “App developers and operators” as mentioned in these regulations refers to entities engaged in App development and operation activities.

The term “App distribution platform” as mentioned in these regulations refers to a software service platform that provides App download and upgrade services through app stores, app markets, websites, etc.

Note: This consultation draft will be released on April 26, 2021.