Recently, the Ministry of Industry and Information Technology issued the Interim Provisions on the Administration of Preset and Distribution of Mobile Intelligent Terminal Application Software, in order to promote the healthy and orderly development of the mobile Internet, build a safe and credible information and communication network environment, safeguard users' right to know and choose according to law, promote mass entrepreneurship and innovation, and standardize the market order of the mobile Internet. The following is the full text of this regulation and its related interpretation. Welcome to read!
Related interpretation: 1. What is the purpose and main content of the Interim Provisions on the Administration of Preset and Distribution of Application Software for Mobile Intelligent Terminals?
A: The rapid development of the mobile Internet has greatly promoted economic and social development and progress. While bringing convenience to people's production and life, some problems that damage users' personal information and property safety are gradually emerging. In order to protect the legitimate rights and interests of users, standardize the mobile Internet market order, maintain network security, and promote the healthy development of the information and communication industry, our Ministry has formulated the Interim Provisions on the Administration of Preset and Distribution of Mobile Intelligent Terminal Application Software (hereinafter referred to as the Provisions), focusing on standardizing the preset behavior of mobile intelligent terminal application software of intelligent terminal manufacturers and the distribution service of mobile intelligent terminal application software provided by Internet information service providers.
The Regulations require manufacturers and Internet information service providers to specify the relevant information of the mobile intelligent terminal application software provided, ensure that the mobile intelligent terminal application software can be uninstalled except the basic function software, clarify the management responsibilities of Internet information service providers engaged in the service of mobile application distribution platforms such as application stores and manufacturers who preset mobile application distribution platforms in mobile intelligent terminals, and also stipulate the corresponding management responsibilities of communication authorities.
Second, what is the process of formulating the regulations?
A: During the drafting of the Regulations, we mainly carried out the following work:
First, organize research and formulate work ideas. This paper investigates the preset and distribution of mobile intelligent terminal application software, and draws up a working idea of strengthening industry management and protecting consumers' legitimate rights and interests, focusing on the preset and distribution behavior of mobile intelligent terminal manufacturers and Internet information service providers.
The second is to synthesize the opinions of all parties and draft the "Regulations". Our department has widely listened to the opinions of mobile intelligent terminal manufacturers, Internet companies, basic telecom operators and local communication administrations on the formulation of the Regulations, and drafted the Regulations (draft for comments).
The third is to openly solicit opinions and further revise and improve them. On October 20 15, 165438 10, the Ministry publicly solicited opinions from the public through the Ministry portal website and the official Weibo. All walks of life gave positive comments on the formulation of the regulations and put forward many constructive opinions. According to the feedback received during the public consultation, the Ministry further revised and improved the regulations. In addition, our department also notified the WTO/TBT of the "Regulations" in accordance with international practice.
Fourth, on the basis of the above work, our department officially issued the "Regulations" according to the prescribed process.
3. In the process of using mobile intelligent terminal application software, users often encounter sensitive behaviors such as prompting the terminal to call the contact person, the user's location, and establishing data connection. How do the regulations regulate these behaviors?
A: Paragraph 2 of Article 5 of the Regulations requires that mobile intelligent terminal application software provided by manufacturers and Internet information service providers shall not collect or use users' personal information without explicit consent. One of them? User personal information? Includes basic information, identification, physiological identification, contact information, location information and the like of the user. For details, please refer to the communication industry standards YD/T 2407 Technical Requirements for Security Capability of Mobile Intelligent Terminals, YD/T 278 1-20 14 Definition and Classification of Personal Information Protection for Telecommunication and Internet Service Users, and YD/T 2439-20 12 Description Format of Malicious Programs on Mobile Internet.
4. How to define the illegal sending of commercial electronic information?
A: Article 7 of the National People's Congress Standing Committee (NPCSC)'s Decision on Strengthening the Protection of Network Information stipulates? No organization or individual may send commercial electronic information to its fixed telephone, mobile phone or personal e-mail address without the consent or request of the recipient of electronic information, or with the explicit refusal of the recipient of electronic information? .
V. What does the supervision and inspection require the enterprise to provide? Conditions for easy access to application software? How to understand it?
A: The conditions for easy access to application software refer to the necessary conditions such as the original installation package, download link, relevant information or description of the application provided by the enterprise to cooperate with the supervision and inspection, excluding the provision of internal information such as source code.
Six, which software belongs to the basic function application software?
Answer: The basic functional software in this regulation refers to the application software of mobile intelligent terminal that ensures the normal operation of the hardware and operating system of the mobile intelligent terminal, which mainly includes four categories: First, the basic components of the operating system, such as system kernel application, virtual machine application and network browsing engine. Second, applications to ensure the normal operation of intelligent terminal hardware, such as Bluetooth, GPS, fingerprint sensor applications and so on. Third, basic communication applications: such as SMS, dialing, address book, etc. The fourth is the download channel of application software, such as the application store.
7. What information should the mobile application software distribution platform master about application software providers, operators and developers?
A: Internet information service providers engaged in mobile application distribution platform services such as application stores, and manufacturing enterprises that preset mobile application distribution platforms on mobile intelligent terminals should register the real information of application software providers, operators and developers in their platforms, and distinguish between enterprise developers and individual developers. If the operator and developer of the application software are domestic enterprises, it is necessary to record the registration information of the industrial and commercial bureau, including business license, organization code certificate, registered address of the enterprise, contact information (telephone number, email address) and so on. If the application software provider, operator and developer are domestic natural persons, it is necessary to record valid certificate information, which may include ID card, passport, residential address, contact information (telephone number, email address), etc. Overseas application software providers, operators and developers need to provide corresponding real bank account information, e-mail information, etc.
8. Is the electronic signature of application software a mandatory requirement?
A: In order to guide the healthy and orderly development of APP industry, avoid malicious tampering of APP, strengthen the traceability of malicious APP, and protect the legitimate rights and interests of developers and users, our department encourages APP to use digital certificates issued by certification bodies that comply with the national electronic signature law and other relevant laws for electronic signature.
9. How do users complain and report?
A: When users find that the mobile intelligent terminal application software violates the relevant requirements of the Regulations, they can complain and report to the enterprise, and the enterprise shall properly handle it within the prescribed and publicly promised time limit; If users are dissatisfied with the results, they can appeal to the complaint acceptance agency of telecom users (tel: 0 10- 12300, provincial capital city area code-12300).
Users who find that the application software of the mobile terminal contains prohibited contents stipulated by laws and regulations or illegally sends commercial electronic information can report to the Network Bad and Spam Reporting Center (Tel: 01kloc-0/2321,provincial capital city area code-1232 1).
X is there a transition period after the promulgation of this regulation?
A: There will be a transition period of half a year after the official release of this regulation, and it will be officially implemented from July 1 day, 2065438.
Notice of the Ministry of Industry and Information Technology on Issuing the Interim Provisions on the Administration of Preset and Distribution of Application Software for Mobile Intelligent Terminals
Ministry of Industry and Information Technology No.407 [20 16]
All relevant units:
The Interim Provisions on the Administration of Preset and Distribution of Mobile Intelligent Terminal Application Software are hereby printed and distributed to you, please follow them.
Ministry of Industry and Information Technology
20 16 12 16
Interim Provisions on the Administration of Preset and Distribution of Application Software for Mobile Intelligent Terminals In order to promote the healthy and orderly development of the mobile Internet, build a safe and credible information and communication network environment, safeguard users' right to know and choose according to law, promote mass entrepreneurship and innovation, and standardize the market order of the mobile Internet, according to the Decision of the Standing Committee of the National People's Congress on Strengthening the Protection of Network Information, the Network Security Law of the People's Republic of China, the People's Republic of China (PRC) Telecommunication Regulations and the Measures for the Administration of Internet Information Services.
Article 1 The Ministry of Industry and Information Technology vigorously promotes the development of mobile intelligent terminal application software, encourages mobile intelligent terminal manufacturers, Internet information service providers and other related enterprises to actively develop mobile intelligent terminal application software products, enriches information consumption content, and guides enterprises to improve relevant management mechanisms. Encourage relevant industry associations to formulate self-discipline management systems according to law, standardize the preset and distribution behavior of mobile intelligent terminal application software, maintain network security, and strengthen the protection of users' rights and interests.
Article 2 These Provisions regulate the preset behavior of mobile intelligent terminal application software of mobile intelligent terminal manufacturing enterprises (hereinafter referred to as manufacturing enterprises) and the distribution service of mobile intelligent terminal application software provided by Internet information service providers.
Article 3 The Ministry of Industry and Information Technology shall, in accordance with these Provisions, supervise and manage the application software preset and distribution services of mobile intelligent terminals nationwide. The communication administrations of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as local communication authorities) shall, under the leadership of the Ministry of Industry and Information Technology, supervise and manage the application preset and distribution services of mobile intelligent terminals within their respective administrative areas in accordance with these Provisions. The Ministry of Industry and Information Technology and the local communications authorities should further improve the supervision system of application software preset and distribution services for mobile intelligent terminals, and strengthen the management after the event.
Article 4 Manufacturers and Internet information service providers that provide mobile intelligent terminal application software distribution services (hereinafter referred to as Internet information service providers) shall not provide or disseminate mobile intelligent terminal application software containing the following contents:
(a) Contrary to the basic principles stipulated in the Constitution `;
(two) endangering national security, revealing state secrets, subverting state power and undermining national unity;
(3) damaging the honor and interests of the state;
(4) Inciting national hatred and discrimination and undermining national unity;
(5) sabotaging the state's religious policy and propagating cults and feudal superstitions;
(six) spreading rumors, disrupting social order and undermining social stability;
(7) spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime;
(8) Insulting or slandering others and infringing upon their legitimate rights and interests;
(9) Other contents prohibited by laws and administrative regulations.
Article 5 Production enterprises and Internet information service providers shall provide mobile intelligent terminal application software in compliance with laws and regulations, take effective measures to maintain network security and effectively protect the legitimate rights and interests of users.
(1) Manufacturers and Internet information service providers that provide preset software for mobile intelligent terminals should consciously safeguard fair competition in the industry, safeguard users' right to know and choose according to law, and must not engage in acts that disrupt the market competition order and infringe on users' legitimate rights and interests.
(2) Mobile intelligent terminal application software provided by production enterprises and Internet information service providers shall not call terminal functions irrelevant to the services provided or illegally send commercial electronic information; Without express and user's consent, users' personal information shall not be collected and used, application software shall not be opened, and other application software shall not be bundled and promoted. Infringe on the legitimate rights and interests of users or endanger network security.
(3) Enterprises that provide charges for mobile intelligent terminal application software shall take necessary measures to strengthen the management of charging behavior and put an end to unidentified fee deduction; The charging enterprise shall keep the user confirmation information and original billing data for at least 5 months, and provide convenience for users to inquire.
(4) The production enterprise shall restrict the sales channels, and shall not install the application software in the mobile intelligent terminal without the consent of the user, and remind the user of the possibility, risks and countermeasures of installing the application software in the sales channels and other links.
Article 6 Producers and Internet information service providers shall clearly indicate the relevant information of the mobile intelligent terminal application software provided.
(1) Production enterprises and Internet information service providers shall clearly indicate the information of mobile intelligent terminal application software provided by them through user prompts, corporate websites and other means. , including name, function description, uninstallation method, developer information, permission list required for software installation and operation, etc. , and clearly inform users of the content, purpose, way and scope of the application software to collect and use users' personal information.
(2) The production enterprise shall provide the list information of preset software in the terminal product manual, and indicate the inquiry method of detailed information of preset software in the terminal product manual or the outer packaging. When submitting an application for mobile intelligent terminal access to the network, the production enterprise shall provide a statement that the relevant products meet the above requirements.
(3) The application software of mobile intelligent terminal involved in charging shall strictly abide by the relevant provisions such as clearly marked price, express the charging standard and charging method, and express that the content is true, accurate and eye-catching, and the fee can be deducted only after being confirmed by the user.
Article 7 Production enterprises and Internet information service providers shall ensure that mobile intelligent terminal application software can be uninstalled except basic function software.
(1) The basic functional software of mobile intelligent terminal refers to the application software to ensure the normal operation of the hardware and operating system of mobile intelligent terminal, which mainly includes the basic components of operating system, applications to ensure the normal operation of the hardware of intelligent terminal, basic communication applications, application software download channels, etc. At most, one of the basic function software preset in the terminal to realize the same function can be set as non-uninstallable.
(2) Production enterprises and Internet information service providers shall ensure that the application software of mobile intelligent terminals provided by them can be easily uninstalled by users, and the resource files, configuration files and user data files attached to the software can also be easily uninstalled without affecting the safe use of mobile intelligent terminals.
(3) The manufacturer shall ensure that the uninstalled preset software is not forcibly restored when the operating system of the mobile intelligent terminal is upgraded; The consistency of preset software before and after the mobile intelligent terminal obtains the network access license should be ensured; The mobile intelligent terminal shall report to the Ministry of Industry and Information Technology in time if preset software is added or major function changes occur.
Article 8 Internet information service providers engaged in mobile application distribution platform services such as application stores, and manufacturers who preset mobile application distribution platforms in mobile intelligent terminals shall bear the following management responsibilities for the application software they provide:
(a) the real identity, contact information and other information of registered application software providers, operators and developers.
(2) An application software management mechanism shall be established, and the application software shall be audited, and relevant tests shall be conducted on safety and services, and users shall not be provided with malicious application software and other illegal and illegal software found in the audit and test; Track and monitor the provided application software, deal with illegal software in time, and establish and improve the handling measures for users to report complaints.
(3) Require the application software provider to declare the authority and purpose of the user terminal it has obtained when submitting the application software, and make clear the above information to the software download user.
(4) Save the provided application software, as well as the relevant version, online time, function introduction, purpose, MD5 (Message Digest Algorithm 5) and other check values, server access and other information for retrospective detection, and the relevant information shall be kept for no less than 60 days.
(five) for the application software that violates the requirements of Article 4 of these Provisions, and the malicious application software found in the supervision and inspection of the competent department of communications, the relevant enterprises shall take it off the shelves in time.
(six) to strengthen the network security protection and education and training of relevant personnel, to ensure the safety of their own systems and users' personal information.
Article 9 The competent communications department shall supervise and inspect the implementation of the relevant requirements of these Provisions by production enterprises and Internet information service providers.
(a) the competent department of communications shall organize professional testing institutions to supervise and test the application software preset by production enterprises and provided by Internet information service providers, and relevant enterprises shall cooperate with them and provide convenient conditions for obtaining the application software.
(two) the testing institution shall submit the testing and appraisal report to the transportation department in a timely manner. According to the circular, the competent communications department requested and urged relevant enterprises to carry out rectification, and informed and urged Internet information service providers to remove malicious applications.
(three) the competent department of transportation shall inform the society of the supervision, inspection and testing.
(4) In case of emergency, if the Internet information service provider fails to take off the illegal application software in time as required, the competent communication department may require the relevant units to take disposal measures according to laws and regulations.
Tenth related enterprises and social organizations should further improve the service guarantee measures and improve the level of user rights protection.
(a) production enterprises and Internet information service providers shall establish a complaint reporting system for mobile intelligent terminal application software, provide users with convenient complaint reporting methods, and accept, verify and handle user complaints and reports. Users find that mobile intelligent terminal application software violates the requirements of these regulations, and they can complain and report to relevant enterprises, which shall properly handle it within the prescribed and publicly promised time limit; If the user is dissatisfied with the processing result, he may appeal to the telecommunication user complaint acceptance institution. Users who find malicious applications, as well as mobile terminal applications that contain content prohibited by laws and regulations or illegally send commercial electronic information, can report to the Network Bad and Spam Reporting Center.
(2) The Ministry of Industry and Information Technology encourages the application software of mobile intelligent terminals to sign with digital certificates issued by legally established electronic certification service institutions; Guide relevant enterprises to use digital certificates issued by legally established electronic certification service institutions to verify and clearly identify the signed mobile intelligent terminal application software.
(3) The Ministry of Industry and Information Technology supports relevant social organizations to establish blacklists of malicious applications through industry self-discipline, so as to realize blacklist information sharing among relevant enterprises, professional testing institutions and users.
Eleventh in violation of these provisions, the competent department of communications shall be ordered to make corrections according to their functions and powers, and shall be punished according to law, and the administrative penalties of production enterprises and Internet information service providers in violation of these provisions shall be recorded in the credit files and announced to the public. All units should promptly report to the public security organs the clues of application software suspected of illegal crimes.
Article 12 The meanings of the following terms in these Provisions are:
Mobile intelligent terminal refers to a mobile communication terminal product that is connected to the public mobile communication network and has an operating system, which can be installed and uninstalled by users themselves.
Application software of mobile intelligent terminal (APP for short) includes preset application software of mobile intelligent terminal and application software provided by Internet information service providers that can be downloaded, installed and upgraded through mobile application distribution platforms such as websites and application stores.
Mobile application distribution platform refers to application software platforms such as websites, application stores, etc., which provide downloading, installation and upgrading of mobile intelligent terminal application software.
The preset application software of mobile intelligent terminal refers to the application software installed by manufacturers themselves or in cooperation with Internet information service providers before the mobile intelligent terminal leaves the factory.
Malicious application software refers to the application software that contains malicious behaviors such as information theft, malicious fee deduction, fraud, system damage and so on, which damage the rights and interests of users and network security.
Commercial electronic information refers to electronic information that introduces and sells goods, services or business investment opportunities to users by using telecommunication networks or the Internet.
Article 13 The Ministry of Industry and Information Technology is responsible for the interpretation of these Provisions.
Article 14 These Provisions shall be implemented as of July 1 day, 2065438.
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