Notice of the Ministry of Industry and Information Technology on Regulating the Use of Domain Names in Providing Internet-based Information Services

Effective Date: 01/01/2018

Source: Cyberspace Administration of China

Original Title: 工业和信息化部关于规范互联网信息服务使用域名的通知

Gong Xin Bu Xin Guan [2017] No.264

All entities concerned,

In order to implement the requirements set forth in the Anti-Terrorism Law of the People’s Republic of China, the Cybersecurity Law of the People’s Republic of China, the Administrative Measures on Internet-based Information Services, the Administrative Measures on Internet Domain Names and other relevant laws, regulations and rules, and to further regulate the use of domain names in providing Internet-based information services, relevant matters are hereby notified as follows:

I. The domain name used by an Internet-based information service provider in providing Internet-based information services shall be registered and owned by such provider in accordance with the law.

(1) If the Internet-based information service provider is an individual, the domain name registrant shall be the individual himself/herself.

(2) If the Internet-based information service provider is an entity, the domain name registrant shall be the entity (or any of the entity’s shareholders), or the entity’s principal or senior manager.

II. Internet access service providers shall, according to the requirements set forth in the Anti-Terrorism Law of the People’s Republic of China and the Cybersecurity Law of the People’s Republic of China, check the identities of Internet-based information service providers. For those who fail to provide their real identity information, Internet access service providers shall not provide access services.

III. The registration authority and registration service agencies for domain names shall, according to the Administrative Measures on Internet Domain Names and the requirements of the telecommunications authorities, develop a corresponding information management system, and connect the said system with the MIIT’s “information record-filing management system for ICP/IP addresses and domain names” (hereinafter referred to as the “Record-filing System”), so as to submit the information relating to the registration of domain names.

IV. The registration authority and registration service agencies for domain names shall further strengthen the registration of domain names with real identity information, and shall not provide resolution services for any domain name without real identity information.

V. When providing access services for an Internet-based information service provider, the Internet access service provider concerned shall check the real identity information of the domain name registrant via the Record-filing System, and shall not provide access services if the Internet-based information service provider fails to provide real identity information or the identity information provided is inaccurate or incomplete, with the exception of domain names that have been filed for record with the Record-filing System prior to the effectiveness of this Notice.

Internet access service providers shall, via the Record-filing System, regularly check the use of domain names by Internet-based information service providers, and shall, in the case that a domain name doesn’t exist or is expired or has no real identity information, cease the provision of access services for the Internet-based information service provider concerned.

VI. Telecommunications authorities shall urge Internet access service providers, the domain name registration authority and domain name registration service agencies to carry out their businesses according to the above requirements, deal with various illegalities and irregularities in accordance with the law, include the handling results into the corporate credit records, and disclose the same to the public.

VII. This Notice comes into effect on 1 January 2018.