[atlarge-discuss] Public Pledge on Self-Discipline for China Internet Industry

[DannyYounger@cs.com]

As an organization representing users, we need to become more familiar with 
regional perspectives.  The following recently released document outlines the 
views held in one part of our world:

Public Pledge on Self-Discipline for China Internet Industry

Chapter I: General
 
Article 1. This pledge is made in accordance with the basic principle of 
"actively promoting development, improving management, preserving what is 
good while avoiding what is bad, and making use of it for our purpose" in 
order to establish a self-disciplinary mechanism for China's Internet 
industry, improve the conduct of Internet practitioners and promote and 
ensure the sound development of Internet industry according to law.
 
Article 2. The term "Internet industry" as used herein refers to all the 
activities related to Internet businesses including operation, application, 
information, development and production of network products and information 
resources, scientific research, education and services.
 
Article 3. The basic principles of self-discipline for Internet industry are 
patriotism, observance of law, equitableness and trustworthiness.
 
Article 4. All the parties are called upon to accede to and actively 
implement this Pledge on industrial self-discipline and create a favorable 
environment for the development of Internet businesses in the fundamental 
interests of the nation and the entire sector.
 
Article 5. Internet Society of China, as the executing agency of this Pledge, 
shall be responsible for its implementation.
 
[Editor's note: Formed in May 2001, the Internet Society of China (ISC) is 
the country's first non-governmental regulator for the Internet industry. It 
has support from top government authorities, including the Ministry of 
Information Industry, the Ministry of Science and Technology, the Ministry of 
Education, the Ministry of Civil Affairs, and the State Council  Information 
Office. At its formation, the ISC said it would act as a bridge between 
government and the people.]
 
Chapter II. Provisions of Self-Discipline
 
Article 6. The state laws, regulations and policies governing the development 
and administration of Internet shall be observed in earnest and energetic 
efforts shall be made to carry forward the rich cultural tradition of the 
Chinese nation and the ethical norms of the socialist cultural civilization 
in promoting the development of the professional ethics of the  Internet 
industry.
 
Article 7. We shall encourage lawful, equitable and orderly competition and 
oppose intra-sector competition by improper means.
 
Article 8. The lawful rights and interests of consumers and the 
confidentiality of their information shall be protected; the information 
provided by users shall not be used for any activity other than those as 
promised to users, and no technology or any other advantage may be used to 
infringe upon the lawful rights and interests of the consumers or users.
 
Article 9. Internet information service providers shall abide by the state 
regulations on Internet information service management conscientiously and 
shall fulfil the following disciplinary obligations in respect of Internet 
information service:
 
Refraining from producing, posting or disseminating pernicious information 
that may jeopardize state security and disrupt social stability, contravene 
laws and regulations and spread superstition and obscenity. Monitor the 
information publicized by users on websites according to law and remove the 
harmful information promptly;
 
Refraining from establishing links to the Web sites that contain harmful 
information so as to ensure that the content of the network information is 
lawful and healthy;
 
Laws and regulations concerning intellectual property right shall be observed 
in the course of producing, posting and propagating information on Internet;
 
Encouraging people to use Internet in an ethical way, enhancing the sense of 
moral of Internet and stopping the flow of harmful information on Internet. 

Article 10. Internet access service providers shall inspect and monitor the 
information on the domestic and foreign websites that have been accessed to 
and refuse to access to those Web sites that disseminate harmful information 
in order to protect the Internet users of China from the adverse influence of 
the harmful information.
 
Article 11. Operators of Internet access venues shall take effective measures 
to create a healthy and civilized environment for Internet usage and shall 
guide the users, especially the teenagers, to use the Internet in a healthy 
manner.
 
Article 12. Producers of Internet information and network product shall 
respect the intellectual property right of others and shall refrain from 
producing products that contain harmful information or infringe upon the 
intellectual property right of others.
 
Article 13. All the practitioners in the entire Internet industry shall work 
together to prevent the malicious computer code and disruptive programs from 
spreading on the Internet, oppose production and dissemination of computer 
programs that are capable of malicious attack against computer networks and 
the computer information systems of others and oppose illegal intrusion into 
and damaging computer information systems of others.
 
Article 14. Efforts shall be made to strengthen communication and 
collaboration, study and formulate strategies for the development of Internet 
businesses of our country and propose policy and legislative recommendations 
for the establishment, development and management of Internet businesses.
 
Article 15. Support shall be to taking various effective measures to carry 
out collaboration in areas such as research, production and service in the 
Internet industry and to create a favorable environment for Internet 
development.
 
Article 16. Enterprises, research, education and other institutions as well 
as individuals shall be encouraged to develop computer software, hardware and 
various network products of self-owned intellectual property right so as to 
provide strong support to the further development of China Internet industry.
 
Article 17. We shall actively participate in international cooperation and 
exchanges, involve in the development of international rules for Internet 
industry and observe the international rules to which China has acceded.
 
Article 18. We shall accept supervision and criticism over the Internet 
industry from the public and jointly resist and correct unhealthy practice in 
Internet industry.
 
Chapter III: Implementation of the Pledge
 
Article 19. Internet Society of China shall be responsible for organizing the 
implementation of this Pledge, communicating to the member organizations the 
information related to Internet laws, policies and industry self-disciplines, 
reporting to the competent authority of the government the wishes and 
requirements of its members, upholding their lawful interests, organizing the 
implementation of Internet industry self-disciplines and conducting 
supervision and inspection on the implementation of this Pledge by its 
members.
 
Article 20. The parties to this Pledge shall abide by and comply with various 
self-discipline principles embodied in this Pledge.
 
Article 21. In the event that dispute arises among the parties to this 
Pledge, they shall try to seek solutions to the dispute through consultation 
according to the principle of mutual understanding and compromise, or they 
may refer the dispute to the executing agency for mediation, with the purpose 
of safeguarding the industrial unity and the overall interests of the entire 
industry.
 
Article 22. Should one party to this Pledge violate the provisions of this 
Pledge, any other party may report such violations to the executing agency 
promptly and may require the executing agency to investigate; the executing 
agency may also conduct investigations directly and shall make public the 
findings of such investigations to all the member organizations.
 
Article 23. Where negative impact is generated due to the violations of this 
Pledge by the parties, which is found true, the executing agency shall 
announce such among the member organizations or revoke the membership, in 
light of specific circumstances.

Article 24. All the parties to this Pledge may monitor the legality and 
impartiality of the executing agency in implementing this Pledge and may 
report the violations of this Pledge by the executing agency or its staff to 
the higher-level department of the executing agency.
 
Article 25. The executing agency and its member organizations must abide by 
state laws and regulations in the course of implementing this Pledge.
 
Chapter IV: Supplementary provisions
 
Article 26. This Pledge shall become effective after being signed by the 
legal persons or the representatives of the founder-members of this Pledge 
and shall be made public by Internet Society of China within 30 days after it 
becomes effective.
 
Article 27. In the effective period, this Pledge can be amended only when 
such amendments are proposed by the executing agency or one tenth or above of 
the member organizations and supported by two third or above of the member 
organizations.
 
Article 28. The Internet practitioners of China that accept the 
self-disciplinary rules of this Pledge can apply for accession to this 
Pledge; the parties to this Pledge may also secede from this Pledge and shall 
notify the executing agency of such accordingly; and the executing agency 
shall publish the list of the members that accede to or secede from this 
Pledge on periodical basis.
 
Article 29. The member organizations of this Pledge may reach 
self-disciplinary agreements specific to different segments of the Internet 
sector under the general framework this Pledge and may publish for 
implementation such agreements as attachments to this Pledge with the 
agreement of its member organizations.
 
Article 30. The right of interpretation of this Pledge lies with Internet 
Society of China.
 
Article 31. This Pledge shall be implemented as from the date of its 
promulgation.

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