Member Article

The Ministry of Information Industries (“MII”) promulgated the Measures for the Administration of Internet Email Services on 20 February 2006. The Measures entered into effect on 30 March 2006 and are the first regulations in the PRC governing internet email services. Confidentiality The Measures provide that the confidentiality of communications of citizens using internet email services shall be legally protected and no public security or examination authority may inspect the contents of such communications unless lawful procedures have been respected. Providers of internet email services (“service providers”) are required to maintain the confidentiality of the registered personal information and the internet email address of their users. Service providers Service providers of internet email services are required to either obtain a licence to operate value-added telecommunications services or file for the record as a non-business internet information service. The IP address of the mail server must be registered with the MII or the provincial level telecoms authorities. Service providers are required to provide the users clear information about the services provided and the applicable rules. Junk mail The Measures prohibit service providers from sending their users unsolicited commercial advertisements. If a user who has clearly agreed to receive commercial advertisements subsequently no longer wishes to receive such email, the service provider must immediately cease to send commercial advertisements to such user.