What are the security obligations of network product and service providers

Cybersecurity Law of the People's Republic of China

It is stipulated that providers of network products and services must not set up "malicious programs", and when they discover that their network products or services have security defects, vulnerabilities, or other risks, they shall immediately take remedial measures, promptly inform users in accordance with provisions, and report to the relevant competent departments.

Electronic information sent by any individual or organization, or the application of soft slag annihilation provided, must not set up malicious programs, and must not contain laws or administrative regulations.

Information that is prohibited from being posted or transmitted.

In accordance with the Cybersecurity Law of the People's Republic of China

Article 22: Network products and services shall comply with the mandatory requirements of relevant national standards. Providers of network products and services must not set up malicious programs; When it is discovered that their network products or services have security flaws, vulnerabilities, or other risks, they shall immediately employ remedial measures, promptly inform users in accordance with provisions, and report to the relevant regulatory departments.

Providers of network products and services shall continue to provide security maintenance for their products and services; The provision of security maintenance shall not be terminated within the prescribed or agreed upon time period.

According to the Cybersecurity Law of the People's Republic of China, providers of network products and services must not set up functions that are hidden, fraudulent, coercive, or covertly installed by other programs. In addition, it also stipulates that network product and service providers shall be responsible for the security of the products and services they provide, take necessary technical measures to protect the security of user information, and dig into the security of network security risks. The purpose of these regulations is to ensure the security of users' information, maintain network order, and promote the healthy and orderly development of the Internet industry.

In addition to the above-mentioned provisions, the Cybersecurity Law also stipulates that providers of network products and services shall comply with the provisions of relevant national laws and regulations, take measures to prevent the dissemination of illegal and harmful information, and protect the legitimate rights and interests of minors and other vulnerable groups. At the same time, providers of network products and services shall also ensure that the products and services they provide comply with mandatory national standards, and shall promptly stop providing or restrict the use of products and services that do not meet the standards, and bear the corresponding legal responsibility for destroying the nuclear weapons.

In addition, the Cybersecurity Law also stipulates that providers of network products and services shall establish and improve network security management systems, strengthen internal security management and external security precautions, and promptly discover and take measures to eliminate potential security risks. Providers of network products and services shall also promptly inform users of the collection, use, and sharing of their personal information, and may only carry out relevant operations after obtaining users' consent. The purpose of these regulations is to ensure cyber security and promote the healthy and orderly development of cyberspace.

Providers of network products and services must not set up functional items and discover that their network products and services have security flaws.

According to the Cybersecurity Law, providers of network products and services shall not set up functional items that are found to have security defects in their network products and services. This means that providers of network products and services should not proactively set up features to detect security vulnerabilities in their products or services.

Significance of this provision:

The significance of this provision is to emphasize the responsibilities and obligations of network product and service providers, and require them to actively maintain users' network security and personal information security. Network products often involve important information such as users' personal privacy and property security, and if there are security defects in network products, it will bring potential risks and losses to users.

Therefore, when designing, developing, and maintaining products, network product service providers should ensure the security of the products, repair security vulnerabilities in a timely manner, and avoid causing damage to users. Segment wheel.

The implementation of this provision will help promote network product service providers to strengthen the management and protection of product security, improve product quality, and enhance user trust. It also provides users with a legal guarantee that enables them to protect their legitimate rights and interests in accordance with the law. At the same time, it will also help promote the strengthening of network security supervision and ensure the smooth progress of national network security and informatization.

Network product service content:

1. Provide stable and reliable services.

Network product service providers shall ensure the stability and reliability of their products. They need to build efficient server and network infrastructure to ensure that users can access the services they need, anytime, anywhere. At the same time, they need to adopt flexible fault-tolerant mechanisms and backup strategies to prevent service interruptions or data loss.

2. Protect the security of user information.

Network product and service providers are responsible for protecting the security of users' personal information. They shall take the necessary technical means and administrative measures to ensure that the user's personal data is not accessed, leaked or misused without authorization. This includes encrypted communication, secure storage, and lawful use of user data to protect users' privacy and information security.

3. Provide a high-quality user experience.

Network product service providers should strive to provide a high-quality user experience. They should pay attention to user needs, continuously improve product functions and interface design, and provide a simple and friendly operation interface to ensure that users can use the product conveniently and quickly. At the same time, they should respond to users' feedback and problems in a timely manner, provide professional technical support and customer service, and ensure that users receive timely help and solutions.

Network service providers are often sued in court for infringement of network copyrights, and network service providers play a decisive role in the healthy development of the entire network, and a reasonable range of legal liability standards should be given for network service providers involved in infringement of network copyrights.

Online infringement refers to the infringement that occurs in the online environment. The so-called network refers to a system that connects multiple computer systems with different geographical locations and independent functions through communication equipment and lines to realize resource sharing in the network with perfect network software and network operating system. The network hail network service provider is a new subject in cyberspace, which plays a pivotal role in the normal operation and healthy development of the network.

It is precisely because of this indispensable function that network service providers are often involved in various infringement disputes on the Internet. So far, there have been cases in China that have sued network service providers in court, such as the case of "College Student" magazine v. 263 Capital **, and this type of case will appear with the unbridled development of China's network service industry, so the issue of how to determine the copyright infringement liability of network service providers has been placed in front of us, and the law needs to respond. The standard and scope of liability for copyright infringement of network service providers not only directly affect the level and quality of copyright protection, but also directly affect the survival and development of the emerging network service industry, and are related to the healthy development of the Internet and the interests of countless network users.

Therefore, we must consider many factors to finally determine a reasonable standard. Network service providers (also known as "service providers", i.e., OSPs) are people who provide information dissemination intermediary services for various open networks (mainly referring to the Internet), including network basic communication service providers, access service providers, host service providers, electronic bulletin board system operators, mail newsgroup and chat room operators, information search tool providers and other people who provide advanced services. The identities and roles of various network service providers are often intersecting and constantly changing; The same network service provider can provide several services at the same time, and some large network service providers provide content services to users at the same time, that is, they collect, screen, and process various information to provide to users.

Different types of services provided determine the role they play in the infringement act, so when determining the tort liability of network service providers, specific issues should be analyzed on a case-by-case basis, and different types of network service providers should be treated differently. The author broadly divides network service providers into two categories: one is network content providers; The second is network intermediary service providers.

The following will specifically analyze the responsibilities of both in online copyright infringement.