Soft Law in China’s regulation of the Internet Professor of law Research Center for Cyber-law Beijing University of Posts & Telecommunications Deliang Liu

Soft Law in China’s regulation of the Internet Professor Deliang Liu Soft laws in terms of Internet regulation are usually coming from society. They are often made by enterprises in the industry or by other unofficial institutions such as associations in the industry, in the form of code, proposal, principle and the like. Among them , Internet Society of China has made the greatest contribution by formulating many self-regulations.

Soft Law in China’s regulation of the Internet Professor Deliang Liu The main subjects regulated by soft laws are as follows: 1,Information Content on the Internet 2,Domain Name 3,Internet-related Intellectual Property 4,Malicious Software 5,E-commerce

Soft Law in China’s regulation of the Internet Professor Deliang Liu 1,Information Content on the Internet: Most Soft laws are in this area . They include regulations on news, advertisements, blogs, online-games, which usually provide that information which will harm national security and social stability or violate relevant laws or regulations shall not be made or spread.. TO

Soft Law in China’s regulation of the Internet Professor Deliang Liu 2. Domain Name: Soft laws with regard to domain name are mainly concerned with authentication of domain name registration and domain name dispute resolution. TO

Soft Law in China’s regulation of the Internet Professor Deliang Liu 3,Internet-related Intellectual Property: Soft laws in this aspect are much more related to the protection of copy right than to trade marks or other forms of intellectual property.. TO

Soft Law in China’s regulation of the Internet Professor Deliang Liu 4,Malicious Software: In defining malicious software, soft laws in this regard emphasize the importance of obtaining the user’s consent on the software installation provided by the service provider, and forbidding mandatory or deceptive installation. TO

Soft Law in China’s regulation of the Internet Professor Deliang Liu Fewer soft laws of E-commerce are stipulated by unofficial bodies. They usually appear in the form of guidelines of an administrative department. Examples are Guiding Opinions of the Ministry of Commerce on Online Trading (for Interim Implementation) （ Ministry of Commerce ,3.2007）and Electronic Payment Guidelines (No. 1) （ People’s Bank of China ,10.2005 ）

Soft Law in China’s regulation of the Internet Professor Deliang Liu THANK YOU !

Soft Law in China’s regulation of the Internet Professor Deliang Liu Self-Regulation Convention for Internet Information Service（Internet Society of China & Internet Information Service Committee, 12.2003 ） Article 3 Do not make and spread information which will harm the national security, social stability, and violate laws and regulations, or which involve obscenity, pornography, superstition, etc. Resist the information contents that go against good Chinese traditions and ethics.

Soft Law in China’s regulation of the Internet Professor Deliang Liu Self-Regulation Convention for Blog Service（Internet Society of China , 8.2007 ） Section 2, Article 9 The bloggers should ensure that they do not spread the information which insults or disparages other nationalities, races, different religious beliefs and different cultural traditions. Section 3, Article 9 Do not spread the rumor, defamatory and other false information, and do not spread the information that violates the legitimate rights and interests of other people.

Soft Law in China’s regulation of the Internet Professor Deliang Liu Self-Regulation for China Interactive Online Advertising Industry （China Advertising Association Interactive Network Committee, 6.2007 ） Article 6 Internet advertisements should respect women and be good for children's physical and mental health, and it should not mislead public consumption . The minor’s image and name should not be used in advertisements for goods and services which are not appropriate for minors.

Soft Law in China’s regulation of the Internet Professor Deliang Liu The following are other soft laws in Information Content on the Internet: Self-Regulation on Prohibiting Website from Disseminating Information with Obscenity, Pornography and Other Undesirable Content (Internet Society of China & Internet Information Service Committee, 6.2004) Self-Regulation Convention for China’s Online Game Industry (China Software Industry Association,6.2005) back

Soft Law in China’s regulation of the Internet Professor Deliang Liu Measures for Authentication of Domain Name Registrars（ China Internet Information Center, 9. 2002 ） Measures for Resolving Disputes Regarding Domain Names （China Internet Information Center, 3.2006 ）

Soft Law in China’s regulation of the Internet Professor Deliang Liu Rules for Domain Name Dispute Resolution Policy（ China Internet Information Center , 10. 2007 ） Self-Regulation Convention for Industry Internet Address Registration Services (Internet address registration services industry ,7. 2007) back

Soft Law in China’s regulation of the Internet Professor Deliang Liu Internet Society of China set up Network Copyright Alliance in 9.2005. The aim of Alliance is through the implementation of the industry self-regulation to promote the implementation of law of Information Network copyright, to protect online copyrights, and to provide contents and services that have legitimate warrant for Chinese Internet users.

Soft Law in China’s regulation of the Internet Professor Deliang Liu Self-Regulation Convention for Online Copyright (Internet Society of China, 9.2005) The Convention on the Protection of Online Copyright (Signed by Representatives of 112 Websites in 2002) It aims at regulating reprint among different Websites and protecting signature right of author and media in which works was first published back

Soft Law in China’s regulation of the Internet Professor Deliang Liu Self-Regulation Convention on Rejecting Malicious Software (Internet Society of China，12.2006 ) & “The Details of the Definition of Malicious Software” define ‘malicious sofware’ as: Mandatory installation;Difficult to uninstall; Browser hijackers; Pop-up ads; Malicious collection of user information; Malicious unloading; Malicious bundle; Other malicious acts such as violations of the right to know, violations of the right to choose go Articles of the Internet Society of China Anti-Malware Identification Committee (Internet Society of China,6.2007 ） back

Soft Law in China’s regulation of the Internet Professor Deliang Liu back