Research On The Obligation Of Internet Service Providers To Assist In Administrative Law Enforcement

With the rapid development of Internet and cloud computing,the traditional mode of information collection,storage and dissemination has changed dramatically,and internet service provider have set up a "bridge" between users and administrative law enforcement departments.In modern society,internet service providers hold a lot of users' personal information,which is the economic life for internet service providers and plays a very important role for administrative organs.Therefore,based on the requirements of public interests,the cooperation between internet service providers and administrative law enforcement departments is getting closer and closer.It is generally believed that internet service providers bear the obligation of assisting administrative organs in data collection,storage,review and disclosure in the process of assisting law enforcement,and the reason why data subjects allow third parties to intervene is based on the protection of information collected and stored by internet service providers.So.To some extent,the obligation of internet service providers to assist administrative law enforcement agencies in law enforcement inevitably conflicts with their obligation to protect user information.How to balance these two obligations is particularly important in the era of big data.Looking at China's current legal norms,although it is generally clear that internet service providers should bear the obligation of assisting administrative law enforcement,the relevant laws also put forward requirements for information collection,storage,review and disclosure.However,after careful examination of relevant legal provisions,we can find that the specific content of the obligation of internet service providers to assist in administrative law enforcement is not clear,and there are no clear and detailed provisions on the types of information collected and stored and the disclosure procedures.China has not yet established relevant systems of information collection,storage and disclosure that are consistent with the era of big data.This paper is divided into four parts: The first part discusses the legitimacy of the internet service provider's obligation to assist administrative law enforcement from the perspective of legitimacy and rationality.Firstly,this paper briefly analyzes the basic concepts of internet service providers.Then,it demonstrates its legitimacy from the perspectives of public administration theory,social joint relation theory,purpose legitimacy and goal consistency,and the duality of internet private power.The second part mainly expounds the legislative status of China's internet service providers,and summarizes the problems that exist when China's internet service providers fulfill their obligations ofassisting administrative law enforcement.Include repeated performance and passive performance by administrative organs.The main reasons are as follows:(1)the obligation of internet service providers to assist administrative law enforcement conflicts with the obligation of personal information protection;The legal norms of information collection,storage and disclosure are not systematic and the specific legal provisions are vague;The cost of assisting administrative law enforcement undertaken by internet service providers is too high;Lack of relief and accountability mechanism for internet service providers.The third part discusses the legal provisions of the duty of internet service providers to assist administrative law enforcement in some countries outside the country.Through the analysis and discussion of the compulsory data retention obligation and data disclosure obligation,the compensation to the assisting subject and the relief and accountability to the internet service provider,this paper aims to give enlightenment to our country.The fourth part provides suggestions to improve the obligation of internet service providers to assist administrative law enforcement in China.Combining the experience of assisting law enforcement obligations of foreign internet service providers with China's practice,this paper puts forward some suggestions for China's internet service providers' assistance obligations.Include dividing the obligation boundary of assisting administrative law enforcement based on the principle of proportionality,unifying the legal norms of information collection,storage and disclosure,refining the types of stored information,appropriately extending the storage period of information,standardizing the procedures of data disclosure by internet service providers,and perfecting the relief and accountability mechanism for internet service providers.