China -  Chinese law firm

What are the major features of the Administrative Measures on Internet E-mail Service issued by the Ministry of Information Industry recently and which became effective on 30 March 2006?

These Measures provide for more requirements to facilitate the government's efforts to check the identity of those who send and receive e-mails. There are also some provisions against spammers. And it is now illegal to use someone else's computer to send an email.

No organization or individual is allowed to provide e-mail services in China if they do not first obtain relevant approval. Internet service providers are not allowed to provide services to organizations or individuals who provide e-mail services without approval.

An e-mail service provider must:

1. register the IP address of its internet server with MII or its branch at provincial level;
2. shut down the anonymous retransmission function of the e-mail server;
3. clearly inform users of rules of use;
4. record the time of sending or receiving e-mails, the sending party and receiving party as well as e-mail address and IP for sixty days;
5. keep registration information and internet e-mail addresses of the users confidential and must not use such information illegally; without the consent of users, such information cannot be disclosed.

These Measures also prohibit certain activities such as using another's computer to transmit e-mails without authorization, transmitting e-mails containing advertising content without the prior consent of the receiving party, and transmitting advertising e-mails without indication in the title of the e-mails that the message contained therein is an advertisement.

RSS Feeds