On January 10, 2019, the National Internet Information Office issued the "Regulations on the Management of Blockchain Information Services" (hereinafter referred to as the "Regulations") , Which will be implemented on February 15. The "Regulations" aims to clarify the information security management responsibilities of blockchain information service providers, regulate and promote the healthy development of blockchain technology and related services, avoid the security risks of blockchain information services, Use, management, etc. provide effective legal basis.
The person in charge of the National Internet Information Office explained the background of the "Provisions" when answering a reporter's question, "Blockchain technology is developing rapidly, Relevant applications are flourishing, bringing huge development opportunities to the country's economy and society, and facilitating the work and life of the people, but at the same time, blockchain technology is used by some criminals as storage and dissemination of illegal and illegal information, and the implementation of online illegal activities Tools, disrupt the order of Internet information dissemination, seriously damage the legitimate rights and interests of citizens, legal persons and other organizations, and urgently need to promote service providers to actively improve security measures in accordance with the law and improve the effectiveness of early warning and prevention of security risks.
Clarify the main responsibilities and draw a red line of innovation
Xiao Yan, director of the Bank of China Law Research Association, reminded that the "Regulations" clearly proposed that the definition of blockchain information services is "based on the blockchain "Technology or system", that is to say, traditional vertical media or information service providers of blockchain based on ordinary Internet technologies are not included in the category of "blockchain information services". Such media and information service providers are still traditional content providers and are subject to other regulations of the Internet Information Office and the supervision and management of news management departments.
The Regulations clearly state that a blockchain information service provider refers to "the subject or node that provides blockchain information services to the public, and Institutions or organizations that provide technical support for the main body of blockchain information services; the users of blockchain information services referred to in these regulations refer to organizations or individuals that use blockchain information services. " Xiao Yan analyzed that even if the main body is abroad, but there is a technical support department in the country, the technical organization also needs to accept the regulation of the new rules of the blockchain. Xiao Zheng also mentioned that, as far as digital currency exchanges are concerned, since the publication of the "Announcement on Preventing the Risk of Financing of Token Offerings" on September 4, 2017, it has been classified as illegal and has nothing to do with these Regulations. It mainly restricts media and blockchain companies based on blockchain technology.
The "Provisions" clearly define the main responsibilities of blockchain information service providers, mainly including the following six points: First, the implementation of information content Responsibility for safety management. The second is to have technical conditions suitable for its services. The third is to formulate and publicize management rules and platform conventions. The fourth is to implement a true identity information authentication system. Fifth, it is forbidden to use blockchain information services to engage in activities prohibited by laws or administrative regulations or to produce, copy, publish, or disseminate information content prohibited by laws or administrative regulations. Sixth, users of blockchain information services that violate laws, administrative regulations and service agreements should take disposal measures according to law and contract.
According to this, the "Requirements" require "blockchain information service providers" to fulfill their filing obligations. Specifically, the service provider shall fill in the filing information through the Blockchain Information Service Filing Management System of the National Internet Information Office within ten working days from the date of providing the service, and shall change the service item, platform URL, etc. or terminate the service. Go through change or cancellation procedures. Service providers who develop new products, new applications, or new functions on the line shall also report to the Internet Information Offices of the country and provinces, autonomous regions, and municipalities for security assessment in accordance with relevant regulations.
Filling regulatory gaps and providing follow-up references
"The Internet is never a place outside the law, the same is true for the blockchain." Xiao Yan said in an interview with the People's Daily blockchain channel. Previously, due to the lack of regulation in the field of blockchain information services, many information security vulnerabilities emerged, representing the block chain of advanced productivity that temporarily became a "dark forest" flooded with harmful information.
The introduction of the "Regulations" has filled the gaps in this field. Through information filing, real-name authentication and other means, from industry self-regulation to information services Providers and users escorted the healthy development of the blockchain in many ways. Xiao Zheng commented, "Once the new regulations become the current effective rules, the community of the blockchain project will become a legal 'public place', and no one shall make up false information or spread it."
If rumors and harmful information cannot be eliminated in a timely manner, it will bring serious consequences such as aggravating social panic, destroying the social trust system, and damaging the image of the country. Liu Xiaolei, head of the Department of Finance at the Guanghua School of Management, Peking University, said in an interview with the People's Daily Blockchain Channel that the "Regulations" require the implementation of true identity authentication to effectively promote information security.
The Regulations set the benchmark for the blockchain industry in terms of information service management, and are not the first to bring the blockchain industry into the regulatory field. step.
According to Li Ming, director of the Blockchain Research Office of the Institute of Electronic Industry Standardization of the Ministry of Industry and Information Technology, from the perspective of industrial development, the regulators The chain industry can be roughly divided into three stages of definition, guidance and regulation: On December 5, 2013, five ministries and commissions, including the People's Bank of China, issued a "Notice on Preventing Bitcoin Risks", which clarified that Bitcoin is a specific virtual commodity and is an industry A clear definition was given; on September 4, 2017, the seven ministries and commissions such as the People ’s Bank of China issued the “Announcement on Preventing Token Issuance Financing Risks” to guide the entire industry and guide the industry “should not do anything”; 2019 On January 10, the "Regulations on the Management of Blockchain Information Services" issued by the State Internet Information Office is a regulation of the industry and regulates the industry "how to do it." At the same time, the "Provisions" provide reference for subsequent policy formulation.
Li Ming believes, "From a technical point of view, existing systems need to add relevant measures such as filtering, verification and emergency treatment to comply with the" ”Requirements. From the perspective of engineering and systemization, these are the necessary processes for the application of blockchain technology to the industry." He said that the blockchain industry is currently in a small-scale exploration period and requires supervision, industry , Standards, applications, platforms, technologies and other levels to regulate its development path, in order to promote blockchain technology to better serve the industry.