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Ⅰ Blockchain Information Service Management Regulations

Article 1 is to regulate blockchain information service activities, safeguard national security and social public interests, and protect citizens, legal persons and others The legitimate rights and interests of the organization and promote the healthy development of blockchain technology and related services, in accordance with the "Cybersecurity Law of the People's Republic of China", "Measures for the Administration of Internet Information Services" and the "Notice of the State Council on Authorizing the National Internet Information Office to be responsible for the management of Internet information content" 》, formulate these regulations. Article 2 Those engaged in blockchain information services within the territory of the People's Republic of China must comply with these regulations. If laws and administrative regulations provide otherwise, such provisions shall prevail. The term “blockchain information services” as mentioned in these regulations refers to the provision of information services to the public through Internet websites, applications, etc. based on blockchain technology or systems. The term "blockchain information service provider" as mentioned in these regulations refers to the entities or nodes that provide blockchain information services to the public, as well as the institutions or organizations that provide technical support to the entities of blockchain information services; the term "blockchain" as mentioned in these regulations refers to Chain information service users refer to organizations or individuals who use blockchain information services. Article 3 The Cyberspace Administration of China shall be responsible for the supervision, management and law enforcement of blockchain information services nationwide in accordance with its duties. The Internet Information Offices of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the supervision, management and law enforcement of blockchain information services within their respective administrative regions according to their responsibilities. Article 4 encourages blockchain industry organizations to strengthen industry self-discipline, establish and improve industry self-discipline systems and industry standards, guide blockchain information service providers to establish and improve service specifications, promote the construction of industry credit evaluation systems, and supervise blockchain information service providers Provide services in accordance with the law, accept social supervision, improve the professional quality of blockchain information service practitioners, and promote the healthy and orderly development of the industry. Article 5 Blockchain information service providers shall implement information content security management responsibilities and establish and improve management systems for user registration, information review, emergency response, and security protection. Article 6 Blockchain information service providers shall have technical conditions suitable for their services. For information content prohibited by laws and administrative regulations, they shall have immediate and emergency response capabilities and technical solutions for the release, recording, storage, and dissemination of information content prohibited by laws and administrative regulations. It should comply with relevant national standards and specifications. Article 7 Blockchain information service providers should formulate and disclose management rules and platform conventions, sign service agreements with blockchain information service users, clarify the rights and obligations of both parties, and require them to promise to abide by legal regulations and platform conventions. Article 8 Blockchain information service providers shall, in accordance with the provisions of the "Cybersecurity Law of the People's Republic of China", collect the real identity information of blockchain information service users based on organizational codes, ID number or mobile phone number, etc. Certification. If users do not authenticate their real identity information, blockchain information service providers shall not provide relevant services for them. Article 9 If a blockchain information service provider develops and launches new products, new applications, or new functions, it shall report to the national and provincial, autonomous region, or municipality Internet Information Office for security assessment in accordance with relevant regulations.estimate. Article 10 Blockchain information service providers and users shall not use block chain information services to engage in activities that endanger national security, disrupt social order, infringe upon the legitimate rights and interests of others, or other activities prohibited by laws and administrative regulations, and shall not use block chain information services to produce , copy, publish, and disseminate information content prohibited by laws and administrative regulations. Article 11 Blockchain information service providers shall fill in the name, service category, service form, and application of the service provider through the Blockchain Information Service Registration Management System of the Cyberspace Administration of China within ten working days from the date of provision of services. Domain, server address and other information, and complete the filing procedures. If a blockchain information service provider changes its service items, platform URL, etc., it shall go through the change procedures within five working days from the date of change. If a blockchain information service provider terminates its services, it shall go through the cancellation procedures thirty working days before terminating its services and make appropriate arrangements. Article 12 After receiving the filing materials submitted by the filing party, the national and provincial, autonomous region, and municipality Internet Information Offices shall, if the materials are complete, be filed within twenty working days, issue a filing number, and pass the filing through the State Internet Information Office District The blockchain information service filing management system publishes filing information to the public; if the materials are incomplete, the filing will not be granted, and the filing person will be notified within twenty working days and the reasons will be explained. Article 13 Blockchain information service providers that have completed registration shall indicate their registration number in a prominent position on the Internet websites, applications, etc. that provide services to the outside world. Article 14 The Internet Information Office of the state and provinces, autonomous regions, and municipalities directly under the Central Government shall conduct regular inspections of blockchain information service registration information. Blockchain information service providers shall log in to the blockchain information service registration management system within the specified time and provide relevant information. Article 15 If the blockchain information services provided by a blockchain information service provider have potential information security risks, they must make rectifications and comply with laws, administrative regulations and other relevant provisions and relevant national standards before they can continue to provide information services. Article 16 Blockchain information service providers shall take warning, function restriction, account closure and other disposal measures against blockchain information service users who violate laws, administrative regulations and service agreements in accordance with the law and contract, and deal with illegal information content Take corresponding measures in a timely manner to prevent the spread of information, save relevant records, and report to the relevant competent authorities. Article 17 Blockchain information service providers shall record information such as content and logs released by blockchain information service users, record backups shall be kept for no less than six months, and shall be provided when relevant law enforcement authorities inquire according to law. Article 18 Blockchain information service providers shall cooperate with the supervision and inspection implemented by the cybersecurity and informatization department in accordance with the law, and provide necessary technical support and assistance. Blockchain information service providers should accept social supervision, set up convenient complaint and reporting portals, and handle public complaints and reports in a timely manner. Article 19 Blockchain information service providers violate Article 5, Article 6, Article 7, Article 9, Article 11, Paragraph 2, Article 13, Article 15, Article 10 of these Regulations As stipulated in Articles 7 and 18, the national and provincial, The Internet Information Office of the autonomous region or municipality directly under the Central Government shall give a warning in accordance with its duties and order it to make corrections within a time limit. The relevant business shall be suspended before making corrections; if it refuses to make corrections or the circumstances are serious, a fine of not less than RMB 5,000 but not more than RMB 30,000 shall be imposed; if a crime is constituted, criminal prosecution shall be pursued in accordance with the law. responsibility. Article 20 If a blockchain information service provider violates the provisions of Articles 8 and 16 of these Regulations, the Internet Information Office of the country and provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with their duties and in accordance with the provisions of the Cybersecurity Law of the People's Republic of China, be processed. Article 21 If a blockchain information service provider violates the provisions of Article 10 of these Provisions by producing, copying, publishing, or disseminating information content prohibited by laws and administrative regulations, the Internet Information Office of the country, provinces, autonomous regions, and municipalities directly under the Central Government shall, on the basis of Responsibilities include giving a warning and ordering correction within a time limit, and relevant business should be suspended before correction; if the violation is refused or the circumstances are serious, a fine of not less than RMB 20,000 but not more than RMB 30,000 will be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law. If users of blockchain information services violate the provisions of Article 10 of these Provisions and produce, copy, publish, or disseminate information content prohibited by laws and administrative regulations, the national and provincial, autonomous region, and municipality Internet Information Offices shall, in accordance with relevant laws and administrative regulations, regulations will be dealt with. Article 22 If a blockchain information service provider violates the provisions of Article 11, Paragraph 1 of these Regulations, fails to perform registration procedures in accordance with these Regulations or fills in false registration information, the Internet Information Office of the country, province, autonomous region, or municipality directly under the Central Government shall In accordance with their duties, they shall be ordered to make corrections within a time limit; if they refuse to make corrections or the circumstances are serious, they shall be given a warning and fined not less than RMB 10,000 but not more than RMB 30,000. Article 23 Those who engage in blockchain information services before the promulgation of these regulations shall complete relevant procedures in accordance with these regulations within twenty working days from the date when these regulations come into effect. Article 24 These regulations will come into effect on February 15, 2019.

II Is the blockchain legal?

Legal analysis: The blockchain is completely legal and compliant. Blockchain is a new application model of computer technology such as distributed data storage, point-to-point transmission, consensus mechanism, encryption algorithm, etc. It is a shared database, and the data or information stored in it has the characteristics of "unforgeable" and "full traces". Features such as "traceability", "openness and transparency" and "collective maintenance".

Legal basis: "Blockchain Information Service Management Regulations" of the State Internet Information Office

Article 4 encourages blockchain industry organizations to strengthen industry self-discipline, establish and improve industry self-discipline systems and industry Guidelines to guide blockchain information service providers to establish and improve service specifications, promote the construction of industry credit evaluation systems, urge blockchain information service providers to provide services in accordance with the law, accept social supervision, and improve the professional quality of blockchain information service practitioners. Promote the healthy and orderly development of the industry.

Article 5: Blockchain information service providers shall implement information content security management responsibilities and establish and improve management systems for user registration, information review, emergency response, and security protection.

Article 6 Blockchain information service providers shall have theThe technical conditions suitable for its services include immediate and emergency response capabilities for the release, recording, storage, and dissemination of information content prohibited by laws and administrative regulations, and technical solutions should comply with relevant national standards and specifications.

Ⅲ What are the legal compliance methods for blockchain projects

With the development of blockchain, there are more and more ICO projects and exchanges in the blockchain industry, so How should multiple projects develop in compliance with regulations?
The current compliance of blockchain projects is divided into two sections:
First, compliance of blockchain currency issuance projects: foundation + legal compliance opinion letter
Often referred to as ICO, IEO, etc. First of all, we first establish an overseas entity. Generally, Singapore foundations are the most common currency issuance entities. It is a non-profit company in the form of XX FOUNDATION LTD. Finally, a Singaporean lawyer issued a legal compliance opinion. The content of the legal opinion included a modification of the white paper and a TOKEN non-securitization certificate, mainly to make the project comply with Singapore law. This legal opinion will also be used when the project is docked with the exchange for currency listing in the later stages of the project.
2. Blockchain exchange project compliance: main company + digital currency trading license:
The license is one of the important compliance documents of the platform. It is equivalent to a business license, especially after Huobi successively obtained Japanese licenses, American licenses, and applied for a Canadian license, the license has been pushed to a new level. Obtaining the US MSB license means that Huobi can reasonably conduct business in most states in the United States. This is why major platforms are currently applying for licenses. If you want to carry out business formally and legally, you must apply for a license.
For example: MSB digital currency exchange license in the United States, MTR digital currency + wallet dual license in Estonia, AUSTRAC digital currency license in Australia, etc.
The functions of the US MSB license:
1. The US MSB license is well-known, a packaging platform, and easy to promote.
2. Platform compliance to avoid transactions.
3. It can increase the trust of customers, enhance its popularity, and also allow the platform to develop better and faster in compliance with regulations.
Advantages of MSB license
1. Investor recognition--The corporate laws and financial industry supervision in the United States are very complete. Having a US license will make your digital currency trading platform more recognized by global investors.
2. Obtain authoritative approval--obtaining authoritative approval from the U.S. Treasury Department, you can carry out related business in the United States and around the world, which represents compliance supervision of digital currency platforms.
3. Become a first-line platform--MSB license is also a standard license for global digital currency trading institutions. Coinbase, Bitfinex, Poloiex, Huobi, OK, Binance Exchange and other platforms all hold this license to operate.
4. Diversified services--MSB license allows currency exchange and delivery servicesservices so that you can better meet customer needs and provide more diversified services.
Why licenses are so important for trading platforms? First of all, people in the traditional foreign exchange circle know the importance of regulatory licenses for foreign exchange platforms. This traditional model will also create future trading platforms. Therefore, licenses will definitely become a development trend

IV How is blockchain applied in the legal field

Use blockchain technology for the storage and issuance of electronic evidence. This is the basis for the application of blockchain technology in the legal field.

Blockchain technology can be used to securely protect electronic data, prevent tampering, and conduct data processing throughout the entire life cycle of electronic data generation, collection, transmission, and storage. Traces of operation.

Use blockchain technology to preserve electronic evidence, record the electronic data that needs to be deposited in the form of transactions, stamp it with a timestamp, and record it in the block, thereby completing the process of data preservation and evidence depositing. process. During the data storage process, multiple participating nodes jointly witness and jointly maintain a distributed ledger, thus greatly reducing the possibility of data loss, tampering, and attack.

The combination of blockchain and electronic data storage can reduce the cost of electronic data storage, facilitate electronic data collection and evidence identification, and improve litigation efficiency.

IV What is blockchain link and is it legal?

Legal analysis: Blockchain technology originated from Bitcoin and is the underlying supporting technology of Bitcoin. Blockchain is a technology that allows transactions to break through the traditional trust transaction model and centralized architecture to achieve transaction security in non-security environments.

Legal basis: "Notice on Further Preventing and Dealing with Speculation Risks in Virtual Currency Transactions" 1. Clarify the essential attributes of virtual currency and related business activities

(2) Virtual currency-related business activities Belongs to illegal financial activities. Carry out legal currency and virtual currency exchange business, exchange business between virtual currencies, act as a central counterparty to buy and sell virtual currencies, provide information intermediary and pricing services for virtual currency transactions, token issuance financing, virtual currency derivatives transactions and other virtual currency related Business activities suspected of illegal sales of tokens, unauthorized public issuance of securities, illegal futures business, illegal fund-raising and other illegal financial activities are strictly prohibited and will be resolutely banned in accordance with the law. Those who carry out relevant illegal financial activities that constitute a crime will be investigated for criminal liability in accordance with the law.

VI How blockchain technology can transform electronic data into legal and effective electronic evidence

With the rapid development of the Internet and information technology, a large amount of evidence in litigation is gradually stored in electronic data Presented in the form of evidence, with the help of blockchain technology, in judicial practice, how to overcome the natural defects of electronic data that are "difficult to obtain evidence, easy to lose, and easy to forge" and ensure that it can be used as evidence in court?
Blockchain is based on technical features such as multi-party consensus, non-tampering, transparency and traceability, which can effectively solve the problems of electronic evidence such as large quantity, scattered evidence, difficulty in obtaining evidence, easy to be tampered, and difficult to obtain.To identify issues such as "electronic data" to "legal and effective electronic evidence", to facilitate the identification of electronic data evidence and improve litigation efficiency in the field of judicial evidence storage.
September 3, 2018, the Supreme People's The court issued the "Regulations on Several Issues Concerning the Trial of Cases by Internet Courts" and for the first time determined that on-chain data can be used as a basis for judicial admission.
On May 18, 2021, the Supreme People's Court issued the "People's Court Online Litigation Rules" and on August Effective from January 1st, it stipulates for the first time the scope of validity of blockchain certificates, clarifying the validity of the data stored in the blockchain that is presumed to have not been tampered with after it is uploaded to the chain. At the same time, it establishes the validity of the data stored in the blockchain after it is uploaded to the chain. Pre-chain authenticity review rules.
This not only promotes the integration of blockchain technology and litigation rules, but also opens up the development path of the blockchain judicial model.
Yi Baoquan is one of the first batch of national Enterprises registered with the Cyberspace Administration of China for blockchain information services have used self-developed security chain technology to build a consortium chain, and combined blockchain with justice to build a data storage and notarization system, which can effectively solve the problem of electronic data being generated from , certificate deposit, to notarization, proof and other trustworthy issues in the whole chain:
When uploading to the chain, the data has been certificated by multiple parties in advance using blockchain technology to ensure the originality and integrity of the certificated data; After being uploaded to the chain, the data is synchronized with each node on the alliance chain for backup and retention to ensure the credibility and security of the data; during litigation, evidence can be verified and extracted at multiple judicial nodes, and relevant judicial documents can also be issued online, effectively Improve the efficiency of rights protection.