Internet cafes are commercial places that provide Internet access services to the public through the networking of computers and the Internet, so they are regulated and restricted by relevant laws and regulations on Internet information services.
According to the "Regulations on the Administration of Internet Service Business Places" jointly formulated by the Ministry of Information Industry, the Ministry of Public Security, the Ministry of Culture and the State Administration for Industry and Commerce, opening an Internet cafe should meet the following conditions: (1) having a business place suitable for business activities, safe and reliable, and complete safety facilities; (2) Having computers and auxiliary equipment suitable for business activities; (3) Having professional technicians and professional technical support suitable for the business scale; (4) Having a sound network information security management system; (5) Having corresponding technical measures for network security; (6) Having full-time or part-time network information security management personnel; (seven) management personnel and safety management personnel have received safety training organized by the relevant competent departments; (eight) in accordance with other provisions of laws and administrative regulations.
In addition, the number of computer terminals in Internet cafes and the location of Internet cafes are decided by the provincial telecommunications authorities in conjunction with the public security, culture and industrial and commercial administrative departments according to local conditions. For example, Beijing stipulates that the number of computer terminals shall not be less than 20 (the business centers of star-rated hotels, restaurants, shopping malls and office buildings with an area of more than 5,000 square meters shall not be less than 2), and the single-machine area shall not be less than 2 square meters; Internet cafes are not allowed to be set up 200 meters around the central party, government and military organs, 200 meters around primary and secondary schools and residential buildings.
2. What legal procedures are required to apply for opening an Internet cafe?
Legal Internet cafes need to be approved by multiple departments before they can operate and issue corresponding certificates and licenses. These certificates and licenses include: (1) Business License for Computer Information Network International Networking Service and Multimedia Communication Service issued by the telecommunications administration department. Only internet cafes with this license are qualified network service providers recognized by the communication management department. (2) Public Safety Permit issued by the public security department. Because internet cafes belong to public gathering places, they have to pass the security inspection of the public security department. (3) The Cultural and Entertainment Business License issued by the cultural department explicitly prohibits the use of computers for computer games. (4) Business License issued by the administrative department for industry and commerce, only those with the above two licenses are eligible to apply for a business license. After the business license is completed, you are qualified to start business.
3. What legal obligations should Internet cafe operators undertake in the operation of Internet cafes?
Internet cafe operators shall abide by the laws and administrative regulations of the state, engage in services within the approved scope, and shall not engage in illegal and criminal activities that endanger national security, affect social order, and infringe upon the legitimate rights and interests of the public; Do not operate computer games; Internet cafes shall not be leased or transferred without authorization; Internet cafe operators are responsible for supervising and reporting unhealthy information such as pornography, gambling, violence, ignorance and superstition prohibited by national laws and regulations, and stopping surfing the Internet and consulting; The opening hours for minors are limited to 8: 00 to 2 1 every day on legal holidays. During this period, it is not allowed for minors under the age of 18, and minors under the age of 14 who are not accompanied by guardians are not allowed to enter the Internet cafe. Record relevant information on the Internet, keep the records in backup for 60 days, and provide them when the relevant departments inquire according to law.
Four, telecommunications, public security, culture, industry and commerce departments in the governance and supervision of Internet cafes, how is the division of labor?
Telecommunications management agencies are responsible for the examination and approval of Internet cafes' business licenses and the supervision of service quality. The public security department is responsible for the security audit of internet cafes and the investigation and punishment of violations of network security management regulations. The cultural department is responsible for investigating unhealthy computer games such as pornography, gambling, violence, ignorance and superstition in Internet cafes. The administrative department for industry and commerce is responsible for issuing the business license of Internet cafes, and investigating and dealing with illegal acts such as unlicensed operation and out-of-range operation.
5. What behaviors and information users should not engage in when surfing the Internet in Internet cafes?
Users are not allowed to make or intentionally spread destructive programs such as computer viruses when surfing the Internet in Internet cafes; Do not illegally invade the computer information system or destroy the functions, data and applications of the computer information system; Shall not engage in other acts prohibited by laws and administrative regulations.
The following information shall not be produced, copied, consulted, published or disseminated in Internet cafes: (1) Those who oppose the basic principles determined by the Constitution; (two) endangering national security, revealing state secrets, subverting state power and undermining national unity; (3) damaging the honor and interests of the state; (4) Inciting national hatred and discrimination and undermining national unity; (5) sabotaging the state's religious policy and propagating cults and ignorance and superstition; (six) spreading rumors, disrupting social order and undermining social stability; (7) spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime; (8) Insulting or slandering others and infringing upon their legitimate rights and interests; (9) Other contents prohibited by laws and administrative regulations.
Six, the telecommunications management department can impose administrative penalties on illegal acts of Internet cafe operators?
(a) without obtaining a business license, the Internet service business is opened without authorization; (2) Providing Internet access services without approval of international networking or access lines; (3) Open the business premises to minors under the age of 18 within a time limit, or allow unaccompanied minors under the age of 14 to enter the business premises. Telecommunications management departments can give corresponding warnings, order the closure of business premises, confiscate equipment and illegal income, revoke licenses, impose fines and other administrative penalties on the above-mentioned illegal acts of Internet cafe operators.
7. What illegal acts can the administrative department for industry and commerce punish the operators of Internet cafes?
(a) the enterprise is not registered to operate Internet cafes, not according to the provisions of the suspension of business licenses, beyond the scope of business, the administrative department for Industry and commerce shall be punished according to law. (2) If the approval document or business license is revoked by the relevant department, it shall go through the registration change or cancellation at the administrative department for industry and commerce within 10 days from the date when the approval document or business license is revoked; If no correction is made within the time limit, it shall be punished by the administrative department for industry and commerce according to law.
8. What illegal acts can the public security organs punish the Internet cafe operators?
(1) Failing to record online information, keep backups, implement the network information security management system, fulfill the responsibility of security management, and take safety technical measures; (two) the implementation of acts endangering network security and information security, making, copying, consulting, publishing and disseminating illegal information, or failing to stop it or neglecting to manage Internet users. For the above acts, the public security organ may impose a fine on the Internet cafe operators, order them to suspend business for rectification, or even order them to suspend business.
9. What are the outstanding problems in cleaning up and rectifying Internet cafes?
(1) Operating without a license. "No Three Certificates" are unregistered underground Internet cafes, or "No Three Certificates" are unqualified Internet cafes to be banned; (2) Operating beyond the scope. Some computer rooms without internet access permission carry out internet access business in public places; (3) illegal operation. Internet users' information is unregistered or incomplete, and primary and secondary school students surf the Internet during the forbidden period, play games off the Internet or allow access, downloading and dissemination of harmful information such as pornography, gambling and drugs; (four) the safety management system and technical measures have not been effectively implemented; (five) the facilities are simple, the business area and fire control facilities can not meet the requirements, and there are serious security risks.