Study On Information Security Management Obligation

With the rapid development of Internet,people can enjoy the convenient service of information networks,but cyberspace has become a breeding ground for crime.China has adopted supervision mode named as the "network self-regulation" for information networks.Internet service providers have a positive obligation to the information network security management.However,one of the drawbacks brought by the obligation generalization non-prospective legislation is the uncertain security management obligations of information networks.According to the theory of duty offender,the Internet service provider does not fulfill the obligation of information network security management,it shall be actually understood as an act of failing to fulfill those stipulated by laws and regulations.Among them,the Internet service provider does not control the source of danger(i.e.,the act of the offenders)based on the status of the guarantor,which means to constitute the omission.According to different theories and classification standards,the distinguishable types of Internet service providers assume the accordingly different obligations for the information network security management.Since the Internet service provider is the core subj ect of cyberspace,in view of the urgent need of society for information network security and the criminal concept of appropriate criminalization,it furthers to clarify the necessity of Internet service providers to undertake information network security management obligations.The content of information network security management obligations in foreign countries and regions includes the data protection obligations,the content supervision obligations,and the assistance in law enforcement obligations.Through the comparative analysis,it is found that the definition of China's obligations still needs to ensure itself in the light of the type of Internet service providers,with the determination of different management obligations according to such different types to improve the appropriateness of obligation for the Internet service providers.As the protection of legal benefit is used as the standard for defining the information network security management obligation,it can be used to purposefully interpret the obligation of legal operation,of personal information protection,of elimination of the infringing content,and of assistance in the law enforcement and judiciary,based on the type of responsibility to be taken.The core notion of the personal information protection obligation is to keep the personal information in good condition,except for the instructions or the reasonable application;Internet service providers shall assume the obligations for the reasonable review,the effective monitoring,and the deletion and disclosure of illegal information on the infringing content.The main content of obligations for the network access service provider is to assist in law enforcement,disconnect and report the illegal links,etc.,while what Internet content service providers and Internet platform service providers shall do is to follow the instructions of law enforcement and judicial organs.When it comes to such issues as the order of obligations and the performance of obligations,etc.,the reasonable restrictions of obligations of the information network security management shall be imposed by way of the effective application for"arranging orders to refuse to correct".In fulfilling the obligation,the legal and clear subjects shall issue an effective and reasonable notice of the order,with the remedy methods attached.