IDC (Internet Data Center), the Internet data center is to undertake specialized IT outsourcing and professional services for data center network. IDC for all types of users with a safe, reliable, high-speed, scalable network service establishments. It is the business, the Group provide a range of data services users, including value-added applications are based, are an important part of the telecommunications business.
IDC business is divided into three parts, namely, basic services, classes, application service class, value-added services category. Category of basic services, including server hosting, server rental, leased lines, etc.; applied services, including domain services, web hosting, business mail, web site construction; value-added services category includes traffic analysis, bandwidth allocation and network security.
Since 1999, China's first independent telecommunications interconnection century since the establishment of IDC, IDC experienced considerable development. With the increase in the number of IDC, it has gradually improved the law, IDC legal problems faced by gradually increasing.
I, on the IDC's business licensing.
"Telecommunications Regulations," Article VII: "The state of the telecommunications business in accordance with the telecom business segment, practice a licensing system. Operate telecommunications services, must be made in accordance with the provisions of this Ordinance, the State Council department in charge of information industry or the provinces, autonomous regions, municipalities, telecom telecom regulatory authority business license. without obtaining the telecommunications business license, no organization or individual shall not engage in telecommunications business activities. "
Internet data center operators must have "value-added telecommunications business license"; If two or more provinces, autonomous regions and municipalities within the operating value-added telecommunications services, must have "regional value-added telecommunications business license."
Value-added telecom services is the use of public telecommunications network infrastructure facilities and information services for Ye Wu, it Baokuo e-mail, voice mail, online information database storage and retrieval, electronic data interchange, online data processing and transaction processing, Zeng Zhi 浼犵湡, Internet access into services, Internet information services, Internet data center services, etc. (see Ministry of Information Industry, "Classification of Telecommunications Services"). It can be said, IDC's most business types are included in the value-added telecommunications services within the.
Now, many of IDC, the IDC in particular small companies, did not achieve value-added telecommunications business license. Some IDC, the non-commercial website registration website operators to place value-added telecommunications business license. This reflects the IDC market disorder.
Telecommunications, national security concerns. For companies ready to enter the telecommunications industry, the Government adopted a licensing approach. Operate without obtaining permission for the value-added telecommunications services company, is illegal, should be subject to administrative or even criminal penalties.
Recently, government organizations, the "network of anti-pornography", which clearly reflects the determination of the Government prepared to rectify the Internet. The "non-commercial site for the record" initiative, reflects the way the Internet is that government regulation of Internet service providers (particularly the Internet Data Center IDC) of the strictly limited. This is because the Internet as a virtual world, it is difficult to determine a party's subjective identity, and IDC as the Internet data center that is very easy to monitor and control. Therefore, it can be said that the start point of the government control the Internet is that Internet service providers.
Today, in the IDC, many are undocumented operating without a license, personal rental business for several common server operating IDC. Pornographic sites, illegal sites, PW certain extent, reflects the management of IDC confusion unregulated. What is more, some people IDC through false advertising, cheat others of their money. IDC market disorder, to monitor the Internet more difficult.
"Telecommunications Ordinance" provides for the seventh 10, operate telecom services without authorization, or telecommunications services over the scope of business by the State Council department in charge of information industry, or provinces, autonomous regions and municipalities according to the telecommunications administration authority shall order rectification, confiscate the illegal income, the illegal from 3 to 5 times the fine; there are no illegal gains or the illegal gains are less than 50,000 yuan, a fine of 100,000 yuan and 100 yuan shall be imposed; circumstances are serious, shall be ordered to suspend business for rectification.
"Criminal Law" 220th Five articles specify, in violation of state regulations, unauthorized business law, administrative regulations of the exclusive, proprietary items, or other restrictions on the sale of goods, disrupted the market order, in serious cases five years in prison or criminal detention, be fined not less than five times the illegal gains fine; the circumstances are especially serious, at least five years, more than five times the illegal gains and impose a fine or confiscation of property.
Although so far no Xinchan Bu door to increase IDC market management, and However, due to government regulation of Internet start point has been located in the Internet service provider, I believe the Government will in the near future, regulation, standard IDC market.
Second, the technical standards on the IDC
IDC market, the price of the same products are very different. ". Cn" domain name from 50 yuan / year to 200 yuan / year, web hosting from 100 yuan / G to 12 yuan / M. Even if the same product, as lease bandwidth of different databases to support different plug-ins to support various other reasons, there are significant differences. The virtual host, rent servers, etc., to purchase only the starting point, but also a long-term support services.
A good IDC, a good server for the website construction, will greatly promote the development, and a service has been poor in the IDC, the server is not conducive to a stable development of the site. Often hear owners complain that the strike caused because the server alexa ranking fall from the 10,000 or so suddenly hundreds of thousands. In such a situation encountered when the owners, but also the difficulties faced defenders, unable to obtain compensation and other issues. One of the most important reason is the lack of technical standards for IDC services, resulting in IDC responsibility can not be identified, the lack of effective protection of the buyer. This not only causes the IDC industry decline in the overall quality of service, but also against the IDC to provide quality services loyal to the interests of enterprises.
Through access to relevant information and was informed, in 2003, China led the development of Guoneishoubu million net hosting industry service standards. The standard three dozen of important indicators detailed description of the virtual host should have a qualified service features. And the standard is only developed by the Chinese million net, at best, is a business standard for the industry are not binding. Moreover, from various sources and can not get the standard text, but also very much doubt the authenticity of the news. Even more ridiculous is that now HiChina Web site, can not find the slightest trace of the standard.
IDC service has certain technical content, and measure the IDC services, to judge from many aspects. If the IDC industry, government technical standards issued by the authority, not only help address the disorderly competition in the industry caused by the low quality of services in general confusion, but also provide consumers with a favorable Rights weapons.
Third, improve the service contract for the issue of IDC
Because IDC market disorder and are not standardized, many IDC hosting companies in the consumer purchase, rent server time, not with the consumers to sign service contracts. Perhaps this is a hidden danger in future disputes.
IDC service process, many problems may arise, such as the bandwidth provided by telecommunications instability Zaocheng host Daikuan instability, You Yu host is a malicious attack causing another site has been inaccessible, since hackers caused by invasion of the host system, data loss, since web site content infringement law IDC was forced to delete and so on.
Even if the infringement as a result of a third defect IDC services, but because of the principle of Relativity, the purchaser of services for IDC IDC defects can still be requested to bear liability for breach of contract.
Therefore, in the contract for these contingencies arising from the necessary exemptions IDC agreed to avoid unnecessary disputes.
Enter into a service contract is not to evade responsibility for IDC, but to provide better service.
The practice, many companies have ignored IDC this point.
Fourth, the indirect infringement on the IDC
IDC hosts in rental sale, rental racks, and other services in the virtual host as the Internet, "intermediate service" appears, and Internet content providers to distinguish.
Among service providers is to provide specialized services to facilitate the exchange of body contact between the parties. Internet service providers typically include transmission among hosts, host of information, communication services, communication facilitation services.
Now the Internet service provider among the legal profession to establish a new legal subject process. It differs from traditional publishers. That's because the network is a free, virtual society. Intermediate service providers face every day is a great volume of information flow, not as a traditional publisher, as each review the legality of the information, not only is unrealistic. Judicial practice, the intermediate service provider liability, more of a breach of statutory duty of care responsibilities.
America's "Digital Millennium Copyright Act" provides for a very special system of "notice and remove the" system. The system provides the user instructions to store information, if not click behavior among service providers are not liable for any tort liability, does not know the information or the use of information act of infringement; does not provide the information from behavior of economic benefits; once infringement notice information shall be promptly removed or disable access to infringing information. Otherwise, the intermediate service provider shall undertake to stop infringement, damages, an apology and other civil tort liability.
In April, the National Copyright Administration, Ministry of Information Industry jointly issued the "Internet Copyright Protection." The way to absorb the "World Copyright Treaty," United States "Digital Millennium Copyright Act" and other international treaties and foreign laws, reference to the U.S. "notice and remove the" system, established a "notice and counter-notice" system. The establishment of an effective system of protection among service providers as one of the IDC's right. But with the introduction of this approach, intermediate service providers should be based on the approach to develop an effective "counter-notice and notice" mechanism to effectively avoid the risk of indirect infringement.
Of course, "Internet Copyright Protection" only belongs to department rules, only the reference in the judicial application of application; and as part of the executive regulations for civil infringement cases are not binding on the network. However, this approach can be seen from the Government for the network indirect way of assuming responsibility for infringement of a trend. Promulgated in the future, "Information Network Transmission Right Protection Rule", will certainly further improve.
Therefore, IDC as an intermediate service provider, according to "Copyright Law" and other relevant provisions, in the company a "notice and counter-notice" system, for the law to avoid the risk of IDC is very necessary.
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