Open bcegkmqs23 opened 1 year ago
English Ver
MIIT of PRC issued a notice from Ministry of Industry and Information Technology on the filing of mobile Internet applications, requiring domestic mobile applications (APP) to be filed, and playing APPs without filing will be considered as Violation.
The content of the filing includes domain names, IP addresses, and it also includes the homepage information for websites. Does this mean that the government will have the capacity to focus on unregistered applications and network traffic, and use aggressive censorship strategies in a targeted manner?
does "domestic applications must register" automatically mean "non-domestic applications are illegal"?
what is the criteria for domestic?
An interesting question to ask is, how is this notice actually interpreted by its target audiences?
The notice seemed really vague and open to interpretations:
(一) 在中华人民共和国境内从事互联网信息服务的APP主办者,应当依照《中华人民共和国反电信网络诈骗法》《互联网信息服务管理办法》(国务院令第292号)等规定履行备案手续,未履行备案手续的,不得从事APP互联网信息服务。
(i) APP organizers engaged in Internet information services in the People's Republic of China shall, in accordance with the Law of the People's Republic of China on Anti-Telecommunications Network Fraud and Measures for the Administration of Internet Information Services (Decree No. 292 of the State Council) and other provisions of the record-keeping formalities, and shall not be engaged in APP Internet information services without fulfilling the record-keeping formalities.†
Is it equivalent to providing service to users in China or operating the entity (organization/company/enterprise) within China?
(九) 网络接入服务提供者、分发平台、智能终端生产企业不得为未履行备案手续的APP提供网络接入、分发、预置等服务。
(ix) Network access service providers, distribution platforms, and smart terminal manufacturers shall not provide network access, distribution, and pre-positioning services for APPs that have not fulfilled the filing procedures.†
How? What's the difference between a browser connecting to blocked.com and a BlockedApp accessing the same server/site? How does an ISP differentiate them?
(十) APP主办者、网络接入服务提供者、分发平台、智能终端生产企业应当建立健全违法违规信息监测和处置机制,发现法律、行政法规禁止发布或者传输的信息,应当立即停止传输该信息,采取消除等处置措施,防止信息扩散,保存有关记录,并向电信主管部门报告,依据电信主管部门要求进行处置。
(x) APP organizers, network access service providers, distribution platforms, and smart terminal manufacturers shall establish and improve mechanisms for monitoring and disposing of illegal and unauthorized information, and, upon discovering information that is prohibited from being published or transmitted by laws and administrative regulations, they shall immediately stop transmitting the information, take disposal measures such as eliminating it, preventing the information from proliferating, preserving the relevant records and reporting to the competent telecommunication authorities, and disposing of it according to the requirements of the competent telecommunication authorities.†
Some of listed requirements are ill-defined and others could be way too idealistic therefore unlikely to be interpreted literally in the end. We still need to see how are these eventually implemented.
It is possible though, that regulatory agencies in China may require Apple to take down from its App Store any applications without such license/registration. But more than that, such as immediately stop transmitting the information upon discovering information that is prohibited is somehow ridiculous.
However, if it lands successfully, would definitely enable a Catch-All excuse for China to collectively punish any apps along with its distribution platform, ISP, and even the manufacturer of the device. A collective punishment for Picking Quarrels and Provoking Trouble (Chinese: 寻衅滋事罪) on the Internet. In which case, I am afraid more restrictive censorship will be applied voluntarily by these 3rd parties (app distribution platform, ISP, mobile device manufacturer) in avoidance of the consequences of failing to comply with the new regulation, just as how the social network providers in China did by over-killing.
† Translated with www.DeepL.com/Translator (free version)
A few updates to this:
CAC published the first batch of distribution platforms (app stores) for ICP registration, without including Apple's AppStore.
Apple later announced that for an app to be available in China, the developer must submit ICP registration and other mandatory documentations based on the category of the application. Seems like doing censorship voluntarily, if they did not reach any secret agreement with the regulatory authorities in China (but I wouldn't be surprised in that case either).
中华人民共和国政府工信部发布了文件工业和信息化部关于开展移动互联网应用程序备案工作的通知,要求境内移动应用程序(APP)进行备案,未备案APP按计划在24年4月将被视为违规。
备案内容包括域名、IP地址,对于网站则还要求提供首页地址,这是否意味着政府将具备能力来做到重点关注未备案的应用和网络流量、针对性地使用激进审查策略?