China's Anti-Spam Law

It dawns on me that there isn't an English copy of China's anti-spam law available anywhere online. Through the magic of machine translation, below you'll find a very rough English translation of China's current anti-spam law. Visit this page on China's Ministry of Information Industry website for the original version of the law, in Chinese.


People's Republic of China information industries department command

38th


"Internet Email Service Policing method" already on November 7, 2005 the People's Republic of China information industries department 15th service conference considered passes, presently gives the announcement, got up from March 30, 2006 executes.
Minister: Wang Xudong
Two OO six years on February 20
Internet email service policing method

First article for the standard Internet email service, safeguards the Internet email service user's lawful right, according to "People's Republic of China Telecommunication Rule" and "Internet Information service Policing method" and so on legal, the administrative rules and regulations stipulation, formulates this means.

Second article provides the Internet email service as well as within the boundaries of the People's Republic of China serves for the Internet email provides turns on the service and the transmission Internet email, is suitable this means.
This means called the Internet email service, refers to the establishment Internet email server, for the Internet user transmission, the receive Internet email provides the condition the behavior.

The third article citizen uses the correspondence secret which the Internet email serves the legal protection. Except that because the national security or traces the criminal offense the need, carries on outside the inspection by the public security organ or the procuratorial agency according to the legal rule procedure to the correspondence content, any organization or individual does not have to encroach upon citizen's correspondence secret by any reason.

Fourth article provides the Internet email service, must beforehand obtain the increment telecommunication service management permission or legally fulfill the non- management Internet information service to set up a file the procedure.
Has not obtained the increment telecommunication service management permission or has not fulfilled the non- management Internet information service to set up a file the procedure, any organization or individual does not have to carry out the Internet email service within the boundaries of the People's Republic of China.

The fifth article Internet turns on telecommunication service tenderer and so on service provider, must not for not obtain the increment telecommunication service management permission or not fulfill the non- management Internet information service to set up a file the procedural organization or individual development Internet email service provides turns on the service.

Sixth article country to Internet email service provider email server IP address implementation registration management. The Internet email service provider must clear first on 20th in the email server the IP address which uses the Internet email server (to hereafter refer to as to the People's Republic of China information industries department "information industries department") or the province, the autonomous region, the municipality correspondence administrative bureau (hereafter refers to as "correspondence administrative bureau") to register.
The Internet email service provider plans to change the email server IP address, must on 30th go through the change formalities ahead of time.

The seventh article Internet email service provider must defer to the information industries department formulation anonymous the technical standard construction Internet email service system, the closure email server retransmits the function, and strengthens the email service system the safety control, after discovered the network security loophole must promptly take the safe guard measure.

The eighth article Internet email service provider provides the service to the user, must explicitly inform the user service content and the use rule.

The ninth article Internet email service provider to user's individual registration information and the Internet electronic mail address, has the security the duty.
The Internet email service provider and its the staff do not have the illegal use user personally to register the information paper and the Internet electronic mail address; Without the user agreement, does not have to reveal the user individual registration information and the Internet electronic mail address, but the law, the administrative rules and regulations have the stipulation in addition being an exception.

The tenth article Internet email service provider must record after its email server transmission or the receive Internet email transmission or the receive time, the transmission and the receive Internet electronic mail address and the IP address. The above record must preserve on 60th, and legally inquires in the national related institution time gives to provide.

11th article any organization or individual does not have to manufacture, the duplication, the issue, the dissemination contains "People's Republic of China Telecommunication Rule" the 57th stipulation content Internet email.
Any organization or individual does not have to be engaged in "People's Republic of China Telecommunication Rule" using the Internet email the 58th prohibition harm network security and the information security activity.

12th article any organization or individual must not have the following behavior:
(1) without authorization uses other people's computer system transmission Internet email;
(2) will use the on-line automatic collection, the letter or the numeral wilfully combines other people's Internet electronic mail address which and so on the method will obtain to use in to sell, sharing, the exchange or to the electronic mail address transmission Internet email which will obtain through the above way.

13th article any organization or individual must not have the following transmission or the request transmission Internet email behavior:
(1) intentionally goes into hiding or the forge Internet email envelope information;
(2) is clear about the agreement without the Internet email receive, contains the commercial advertizing content to its transmission the Internet email;
When (3) transmission contains the commercial advertizing content the Internet email, has not indicated "the advertisement" in the Internet email title information front part or "AD" the inscription.

The 14th after article Internet email receive is clear about the agreement receive to contain the commercial advertizing content the Internet email, refuses to continue to receive, the Internet email transmission must stop transmitting. Both sides have the agreement in addition being an exception.
The Internet email service transmission transmission contains the commercial advertizing content the Internet email, must provide the contact method to the receive which refuses to continue to receive, including the transmission electronic mail address, the contact method which and the guarantee provides is effective in 30th.

The 15th article Internet email service provider, serves for the Internet email provides turns on the service the telecommunication service tenderer to have to accept the user to Internet email reporting to the authorities, and provides conveniently for the user reports to the authorities the way.

The 16th article Internet email service provider, serves for the Internet email provides turns on the service the telecommunication service tenderer to have to defer to the following request processing user to report to the authorities:
(1) discovery the Internet email which reports to the authorities is obviously included this means 11th first section stipulation the prohibition content, must promptly report to the national related institution;
Beside (2) this strip (1)th stipulation other the Internet email which reports to the authorities, must entrust the Internet email to the information industries department which the Chinese Internet association sets up to report to the authorities accepts the center (to hereafter refer to as "Internet email to report to the authorities accepts center") to report;
(3) the Internet email which reports to the authorities is involved this unit, must carry out the investigation immediately, adopts the reasonable effective guard or the processing measure, and will concern the situation and the investigation result promptly reports to the authorities to the national related institution or the Internet email accepts the central report.

The 17th below article Internet email reports to the authorities accepts the center develops according to the information industries department formulation work routine and the flow works:
(1) accepts the related Internet email reporting to the authorities;
(2) assistance information industries department or the correspondence administrative bureau recognized Internet email which reports to the authorities whether does violate this means related provision the stipulation, and the assistance traces the related responsibility person;
(3) assistance country related institution traces the related responsibility person which violates this means 11th stipulation.

The 18th article Internet email service provider, serves for the Internet email provides turns on the service the telecommunication service tenderer, must positively coordinate the national related institution and the Internet email reports to the authorities accepts the central development investigation work.

19th article violates this means fourth stipulation, has not obtained the increment telecommunication service management permission or has not fulfilled the non- management Internet information service to set up a file the procedural development Internet email service, rests on "Internet Information service Policing method" the 19th stipulation punishment.

20th article violates this means fifth stipulation, or the correspondence administrative bureau orders the correction by the information industries department based on the authority, punishes at the same time 10,000 Yuan below the fine.

21st article has not fulfilled this means sixth, seventh, eighth, tenth ¤ decides the duty, or the correspondence administrative bureau orders the correction by the information industries department based on the authority, punishes at the same time 5,000 Yuan above 10,000 Yuan below the fine.

22nd article violates this means ninth stipulation, or the correspondence administrative bureau orders the correction by the information industries department based on the authority, punishes at the same time 10,000 Yuan below the fine; Has illegally obtained, punishes at the same time 30,000 Yuan below the fine.

23rd article violates this means 11th stipulation, rests on "People's Republic of China Telecommunication Rule" 67th stipulation processing.
Telecommunication service tenderer and so on Internet email service provider has the means 11th stipulation the prohibition behavior, the information industries department or the correspondence administrative bureau rest on "People's Republic of China Telecommunication Rule" 78th, "Internet Information service Policing method" the 20th stipulation punishment.

24th article violates this means 12th, 13th, the 14th stipulation, or the correspondence administrative bureau orders the correction by the information industries department based on the authority, punishes at the same time 10,000 Yuan below the fine; Has illegally obtained, punishes at the same time 30,000 Yuan below the fine.

25th article violates this means 15th, 16th and the 18th stipulation, or the correspondence administrative bureau warned by the information industries department based on the authority, punishes at the same time 5,000 Yuan above 10,000 Yuan below the fine.

26th article this means called the Internet electronic mail address is refers by user constitutes together with a Internet domain name, may according to the above to Internet email user transmission email global unique end point marking.
This means called the Internet email envelope information is refers to the attachment on the Internet email, uses in to mark, the receive and transmission route reflection Internet email and so on the Internet email transmission originates, the end point and the transmission process information.
This means called the Internet email title information is refers to the attachment on the Internet email, uses in to mark the Internet email content subject the information.

27th article this means get up from March 30, 2006 execute.


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