The Study On The Information Management Obligation Of Network Operators

At present,the rapid development of information technology which is represented by the Internet,promotes technological innovation,economic transformation and cultural prosperity,and brings profound changes to social production and life style.However,at the same time,it also brings the network information security problems to the fore and shows an increasing trend,such as network intrusion,illegal acquisition,leaking,and even reselling citizens personal information,promoting terrorism,extremism and spreading bawdy pornography and other illegal information crime,which do serious damage to national security,social public interests and personal interests.To this end,the public strongly demands that the cyberspace governance should be strengthened in accordance with the law,the order of network information dissemination should be standardized,cyber crimes should be punished,in order to clear cyberspace.The draft of the Internet Security Law of the People's Republic of China was first considered in June 2015 and passed in November 2016 and officially implemented on June 1,2017.The Network Security Law of the People's Republic of China(hereinafter referred to as the "law of network safety"),as the first basic law in the field of network security in our country,establishes the maintenance of the network security obligations and the corresponding legal responsibility of the country,the relevant departments,network operators and Internet users,showing our resolution to enhance network security in our country,maintain cyberspace sovereignty and national security,safeguard social public interests,protect the lawful rights and interests of citizens,legal persons and other organizations,and promote the healthy development of the economic and social informatization.Along with the development of information technology,the increasingly serious network security problems loom out,while the network operators,as the main body and the core of the network space formation and operation in the network information security management,has played an extremely important role,which also makes its responsibilities of maintenance of the network information security different form those of countries and the ordinary Internet users,becoming the key of the network information management.So the law legalizes responsibilities and obligations on the legal level,including the responsibilities of network regulation of operators prescribed by article 47 and corresponding legal responsibilities prescribed in article 68.However,there is no further detailed prescription,and the relevant judicial interpretation does not include the connotation and extension of the information security management obligations of network operators,resulting in the blank of the law,and also damaging the rights and interests of relevant parties,whereas regulations abroad are relatively perfect and reasonable.Therefore,through the introduction of foreign laws about the obligation of information management,such as the United States,the European Union,Germany and India law about network operators,and a comparative study of law of our country,the most important is to perfect our country's law,and make clear the content of the obligation of information management of network operators.At the same time,the government needs to resolute to various ways,such as improving the management,regulating the behavior of network users,safeguarding social supervision as well as innovating technology of network information security protection,in order to promote the harmonious development of the network society.