Provisions on the Administration of Mobile Internet Application Information Services

On the 28th, the National Internet Information Office issued the Regulations on the Management of Mobile Internet Application Information Services (hereinafter referred to as the Regulations). This Regulation shall come into force on August 1 year 1 day.

The relevant person in charge of the National Internet Information Office said that the promulgation 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 the legitimate rights and interests of citizens, legal persons and other organizations.

According to the person in charge of the National Internet Information Office, applications have become the main carrier of mobile Internet information services and played an important role in providing people's livelihood services and promoting economic and social development. At the same time, a few applications are used by criminals to spread illegal information such as violence, terror, obscenity, rumors, etc., and some still have behaviors that damage the legitimate rights and interests of users, such as stealing privacy, maliciously deducting fees, swindling and cheating, which has aroused strong social repercussions.

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

The "Regulations" require that functions such as collecting geographical locations, reading address books, using cameras, and enabling recording should not be turned on without the explicit consent of users. Mobile Internet application providers shall record user log information and keep it for 60 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 upon the legitimate rights and interests of others, and shall not use applications to produce, copy, publish or disseminate information prohibited by laws and regulations. At the same time, the regulations encourage party and government organs, enterprises, institutions and people's organizations at all levels to actively use applications to promote the openness of government affairs, provide public services and promote economic and social development.

The relevant person in charge of the National Internet Information Office stressed that mobile Internet application providers and Internet application store service providers should earnestly fulfill their management responsibilities, actively assume social responsibilities, consciously accept public supervision, and provide safe, high-quality, convenient and practical information services for netizens.

Interpretation link:

The National Internet Information Office issued the Regulations on the Management of Mobile Internet Application Information Services. The relevant person in charge of the National Internet Information Office said in an interview with the media that the promulgation of the Regulations on the Management of Mobile Internet Application Information Services is based on the purpose of serving the people, facilitating the people and benefiting the people, strengthening the standardized management of APP information services and promoting the healthy and orderly development of the industry.

How does the Regulations on the Management of Mobile Internet Application Information Services end the "barbaric growth" of APP? What are the highlights and how did these regulations "land"? Around these problems, the reporter of Legal Daily started a dialogue with people in the industry and related experts.

Defining the subject of law enforcement and ending "Jiulong Water Control"

Reporter: Not long ago, we found that there is a so-called game APP, in which players exchange RMB for tokens to recharge, and the "game" can withdraw tokens in reverse regardless of winning or losing, while the game operator draws profits from the winner's account. Some experts believe that this kind of game app is already gambling. In fact, in the APP market, there are not only similar gambling apps, but also some apps involving pornography and violence. What's more, app has become a tool for some illegal and criminal activities. In addition, malicious fee deduction, stealing communication records, telephone calls, text messages, location information and other privacy can also be said to be the "crimes" of APP.

On the other hand, application developers frequently encounter piracy and infringement problems. According to the statistics of network security companies, there are 92 Gui Li behind a jy in Li Kui.

The APP market can be said to be a mess. It is precisely because of these practical problems that the National Internet Information Office issued the Regulations on the Management of Mobile Internet Application Information Services to strengthen the standardized management of APP information services, which clearly stated that "the National Internet Information Office is responsible for the supervision, management and law enforcement of the information content of mobile Internet applications nationwide, and the local Internet Information Office is responsible for the supervision, management and law enforcement of the information content of mobile Internet applications within its administrative region".

Zhu Wei: In practice, a large number of illegal apps make up the number, which makes it easy for users to download and difficult to uninstall. Obviously, the closed apps are secretly running traffic behind their backs. A simple flashlight app may become a "spy" in the hands of users, stealing user information, sending commercial advertisements at will, and even worse, reselling this information.

In recent years, there have been too many APP chaos in China. It is too difficult to supervise millions of apps, and the relevant qualification examination departments are too complicated. It is really difficult to control the chaos only by relying on the special management of a certain department. The "Management Regulations" clearly regards the network offices at all levels as the main body of law enforcement supervision, and the network offices will coordinate various departments and make overall plans to end the situation of "Jiulong Water Control". Undoubtedly, this will be very effective. At the same time, for APP operators, "a husband's family" is much better than "seven aunts and eight aunts", which also minimizes the system cost of operators and is conducive to the healthy development of the APP market.

Zheng Ning: The Management Regulations define the subjects of supervision, management and law enforcement. Article 3 of the Administrative Regulations defines the Internet Information Office as the competent department of APP, which is of positive significance for solving the situation of "Jiulong Water Control" in this field.

Real-name registration system is the basis of realizing network rule of law.

Reporter: Regarding the Management Regulations published by the Internet Information Office, one focus is "real-name registration system". Judging from the specific provisions of the Administrative Regulations, the "real-name registration system" includes both the real-name registration system for the information of the providers of products on the shelves by the APP Store and the real-name registration system for registered users by the app providers.

Real-name registration system is not a new word in the field of Internet. The previous network management was also involved, which should be a continuation of a measure to govern the Internet according to law.

Zhu Wei: Authentic information authentication system protects users' rights and interests. The network real-name registration system is the foundation of the development of network economy and rule of law. There is no real-name registration system to crack the virtual, which is tantamount to taking the skin from the tiger and failing to achieve the effect of network governance.

China's legal system for online real-name registration system also has a development process, from reply real-name registration system to telecom real-name registration system, from the National People's Congress Standing Committee (NPCSC)'s "Decision on Strengthening Network Information Protection" to the "Ten Accounts" of the Central Network Information Office. The real-name registration system has made great achievements so far, which has greatly curbed the emergence of online fraud, pornographic drug abuse and online infringement.

APP New Deal divides the online real-name registration system into two levels: one is to require APP providers to register users' real-name registration system; Second, the APP Store is required to review the supplier information of the products on the shelves in the real-name registration system. Real-name registration system content of the registration information of APP providers is not single. Users can use their real names through other information such as mobile phone numbers or ID cards. At present, the implementation of China Telecom's real-name registration system is optimistic, and most mobile phones have real-name authentication. Of course, if possible, APP operators can also achieve the effect of real-name registration system by cooperating with other platforms, such as logging in through a platform account, while other platforms have actually completed the real-name registration system through laws and regulations such as "ten accounts", so it may be a good way to save costs. However, if the real-name information of those cooperative platforms is false in practice, then APP operators and these platforms also need to bear the punishment of civil law and administrative law.

APP store platform is also very important to review the real information of APP providers, which is an important part of the two-way real-name registration system. According to the provisions of the New Deal, these real-name registration systems will serve as the basis for filing and establishing a credit system.

Real-name registration system is not an end, but the basis of governing the network according to law, reducing network infringement, maintaining network integrity and building a network integrity system. If the APP operator or platform fails to perform the real-name registration system procedures, it should bear administrative responsibility in accordance with the New Deal and other administrative laws, and also bear joint and several liability for the infringement of others in accordance with China's Tort Liability Law and its judicial interpretation, Consumer Protection Law and other relevant laws.

User information protection still faces difficulties.

Reporter: The Administrative Regulations require that APP providers should authenticate registered users based on real identity information such as mobile phone numbers in accordance with the principle of "real name in the background and voluntary at the front desk". At the same time, it is required to "establish and improve the user information security protection mechanism, collect and use the user's personal information should follow the principles of legality, justice and necessity, clearly explain the purpose, method and scope of collecting and using information, and obtain the user's consent".

This creates a problem. Can APP providers fulfill their information security protection obligations when authenticating registered users with real names? A shopping APP developer told us, "The starting point of the policy is good, to supervise the chaos of the APP, but the real-name registration system will encounter some difficulties and great challenges in the implementation process. Mainstream apps generally log in with Weibo, WeChat or QQ. If an app is implemented in place and similar competitors don't, this will lead to the loss of users. After all, users will find it troublesome and choose to use it conveniently. The real-name registration system is a double-edged sword, which may increase the risk of privacy being leaked. "

Zheng Ning: The Administrative Regulations have strengthened the protection of personal information, privacy and intellectual property rights, and absorbed the three principles of legality, legitimacy and necessity in the Decision on Strengthening the Protection of Network Information issued by the National People's Congress Standing Committee (NPCSC) on 20 12.

Zhu Wei: As far as the privacy protection of APP's New Deal is concerned, these provisions are very specific: protecting users' right to know and choose. After the introduction of the New Deal, users will face a lot of selective instructions when using APP, so don't bother, which will directly relate to the protection of users' own rights and interests; Typing invades privacy. The New Deal has made specific provisions on functions such as "opening geographical location, reading address book, using camera, and starting recording". These regulations are related to the core privacy of users, and no one may infringe upon them without the prior consent of users; Don't bind unrelated programs. Bundling sales were originally prohibited by anti-unfair competition law and other relevant laws. However, in the APP market, the concealment of technology makes these bundles untraceable. The New Deal stipulates that we will take off the hidden coat and put the "real" and "clean" APP in front of us.

However, it should be noted that the real-name registration system required by some start-ups is different from that required by laws and regulations, because the degree of protection and confidentiality of relevant information and registration information by enterprises is worrying, which is a hidden danger. The Regulations on the Use of Information still applies the decision of the National People's Congress Standing Committee (NPCSC) 20 12, which requires "legality, justness and necessity". Regarding "legality, legitimacy and necessity", the Management Regulations did not give a clear explanation. At present, there are no restrictions on the collection, use and sharing of personal identity information and behavior data information. This is also a difficult problem in the implementation of the Management Regulations.

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

Strengthen the self-discipline mechanism of APP market

Reporter: In the "Administrative Regulations" published this time, four management responsibilities of service providers of Internet application stores are also clarified, and it is also clearly stipulated that application providers and application stores should sign service agreements. These two regulations should be to urge APP providers and app store service providers to strengthen self-discipline.

Zheng Ning: The Management Regulations clarify four management responsibilities of Internet application store service providers to APP providers, and clarify the platform responsibilities of Internet application stores, which is conducive to urging them to establish a sound self-discipline mechanism.

Article 9 of the Administrative Regulations stipulates that Internet application store service providers and mobile Internet application providers shall sign service agreements, clarify the rights and obligations of both parties, and abide by laws, regulations and platform conventions. This regulation aims at strengthening self-discipline through contracts.

Zhu Wei: The new APP policy has clarified the service agreement between the APP operator and the platform, and made "observing laws, regulations and platform conventions" as the main part of the contract. This is the main means to curb the internal agreement to shirk responsibility. These agreements are not only the basis for clarifying the rights and obligations of both parties, but also the declaration of rule of law and the declaration of good faith embodied in the spirit of civil contract. Combined with the spirit of APP self-discipline convention issued by Beijing Netcom Office before, the future supervision of APP development is still based on self-discipline, and contracts and platform conventions are the basis of self-discipline and the cornerstone of integrity.

Among the responsibilities of the APP platform, the New Deal will urge providers to "protect user information" and "complete the instructions for providers to obtain and use user information" to present to users, as the top priority of the platform responsibility. This is also the way the central government defines the platform as the self-discipline of the APP market. The relationship between the platform and the APP provider is not a simple business cooperation relationship, but a mutual supervision and promotion relationship through social responsibility. A complete APP self-regulatory market should be an interdependent and mutually promoting system including platforms, APP providers, users and the government. In this system, contracts and conventions become the basis of good faith. Especially in today's credit information system, the good and evil of operators are the embodiment of self-confidence information. The commercial competition of internet plus in the future needs not only technology and innovation, but also users and integrity.

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

Article 1 In order to protect the rights and interests of personal information, standardize the personal information processing activities of mobile Internet applications (hereinafter referred to as App) and promote the rational use of personal information, these Provisions are formulated in accordance with the Cyber Security Law of the People's Republic of China and other laws and regulations.

Article 3 The personal information processing activities of applications mentioned in these Provisions refer to the activities of applications running on mobile intelligent terminals to collect, store, use, process and transmit personal information.

The term "App development operator" as mentioned in these Provisions refers to the main body engaged in App development and operation activities.

The application distribution platform mentioned in these Provisions refers to the software service platform that provides application download and upgrade services through application stores, application markets and websites.

Note: The exposure draft was published on April 26th, 20021.