It's almost a year since January 10, 2019. On that day, the National Internet Information Office issued the "Regulations on the Management of Blockchain Information Services" (hereinafter referred to as the "Blockchain Information Provisions"), which came into effect on February 15 this year. The filing process in various places is proceeding in an orderly manner. Today, we will re-learn the blockchain information regulations together in order to allow more friends to truly enter the formal, compliant and legal business of blockchain entrepreneurship.
1. who will be bound by the document;
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2. Who is the real supervisory authority?
3. Filing details and administrative penalties.
Who will be bound by the file
Blockchain information regulations regulate "blockchain information service providers" and "blockchain information service users."
The so-called "blockchain information service provider" refers to: the subject or node that provides the blockchain information service to the public, and the institution or organization that provides technical support for the subject of the blockchain information service. At the same time, the so-called "blockchain information service user" refers to an organization or individual who applies the blockchain information service.
Both should comply with the relevant requirements of the blockchain information regulations, the former actively filing for the record; the latter act in compliance with the law.
Let's review with you what is the core concept of "blockchain information service". According to Article 2 of the Blockchain Information Regulations, "Blockchain Information Service" refers to the provision of information services to the public through Internet sites, applications, etc. based on blockchain technology or systems. It can be seen that the current domestic blockchain-related entrepreneurial projects basically fall into the scope of this document.
Who is the real regulator
The National Internet Information Office is responsible for coordinating the supervision of national blockchain information services; the Internet Information Offices of provinces, autonomous regions, and municipalities are responsible for the supervision and enforcement of blockchain information services within their respective administrative divisions.
At the same time, self-regulatory organizations in the blockchain industry have emerged to encourage the establishment and improvement of industry self-discipline systems and industry standards, improve the professionalism of blockchain information service practitioners, and promote the healthy and orderly development of the industry. At present, the voice of self-regulatory organizations is not strong enough. The "Trusted Blockchain Alliance" established in previous years is relatively active, but it is mainly engaged in technical evaluation and other activities of blockchain projects; in addition, major universities also have blockchains. The non-governmental voluntary alliance of the project mainly focuses on training and communication, and has not achieved true industry cohesion.
According to Article 8 of the Blockchain Information Regulations, the Blockchain Information Service Provider shall, in accordance with the provisions of the "Network Security Law", conduct blockchain information service users based on the organization code, ID card number or mobile phone number. And other methods of authentic identity authentication. If the user does not authenticate the real identity information, the blockchain information service provider shall not provide relevant services for it. The specific enforcement agency of the Cyber Security Law is the local network police. Therefore, the public security agency is also one of the "substantial" regulatory agencies.
Here we raise a hidden concern. Officially, because of the anonymity of the blockchain platform, many fans are obsessed with it. Once all real names are required, according to traditional blockchain technology, the entire network will be announced. Is it not the leaked personal information of citizens and Privacy, this issue requires further trade-offs.
Filing details and administrative penalties
The specific process of filing:
Hold a business license;
Before opening, submit the filing materials to the national and provincial Internet information offices 20 working days in advance; if the materials are complete, they should be filed within 20 working days and publicized on the blockchain information service filing management system of the National Internet Information Office If the record is not filed, the recorder shall be notified and explained within 20 working days;
At least 10 working days in advance to "report information" to the Blockchain Information Service Filing Management System of the National Internet Information Office;
If there is change information, change it to the filing management system 5 working days in advance;
After the record is successfully filed, the recorder shall indicate the record number on the prominent place of the Internet site or APP that provides services to the outside world;
Regulatory authorities regularly check the filing information to ensure that it has not been tampered with.
A fine of 5,000-30,000 yuan (including warnings, orders for corrections, and suspension of business): Safety management duties have not been put in place (please note that severe cases will constitute a "refusal to perform safety management obligations"); there is no emergency handling of the release of illegal content, etc .; No platform convention; open new product applications without security assessment; change items have not been filed; file numbers have not been publicly disclosed; hidden information security risks exist; records are backed up for less than 6 months; inspection by regulatory authorities is not accepted.
Fine 20,000-30,000 yuan (including warning, order correction and suspension of business): production, reproduction, distribution, and dissemination of information content prohibited by laws and regulations;
Fine 10,000-30,000 (including correction within a time limit): Failure to perform filing procedures or fill in false information in accordance with regulations.
Write at the end
We add another point of knowledge: regarding the "security assessment" involved in the regulation of blockchain information, China's National Certification and Accreditation Supervision and Administration Committee has established a sound system and has an accredited evaluation agency. Blockchain entrepreneurial projects can conduct security assessments through their accredited assessment agencies. The specific basis is the "Regulations on Internet Information Services Security Evaluation with Public Opinion or Social Mobilization Ability", and through "National Internet Security Management Service Platform" (www .beian.gov.cn) submit a security self-assessment report.