Application to Ministry of Industry and Information Technology (MIIT) for Hearing

This application is for a hearing on the legitimacy and rationality of the administrative action set forth in the document Gong Xin Bu Ran (Department of Software Service Provider Industry) [2009] No. 22, issued by the MIIT, which “requests pre-installed green filtering software on computers.”
    
Facts and Reasons:

On June 9, 2009, the MIIT issued the document Gong Xin Bu Ran [2009] No. 22, entitled Notice Regarding Requirements for Pre-installing Green Filtering Software on Computers. The notification required the following: Computers manufactured and sold domestically should have the newest version of “Green Dam Youth Escort” software pre-installed when they leave their factories and imported computers should have the newest version of “Green Dam Youth Escort” pre-installed before being sold. The notification also required computer manufacturers and sellers to finish pre-installation tests for “Green Dam Youth Escort” and related work by the end of June 2009, and for all computers manufactured and sold after July 1, 2009 to have “Green Dam Youth Escort” pre-installed.
    
The applicant’s view is stated below:

The above-mentioned administrative action taken by MIIT to request computers to come with pre-installed green filtering software involves significant public interests and intimately correlates to the vital interests of the people. However, the entire process lacked legal basis and public debate.

First, the administrative action lacks legal basis. It impedes on the citizens’ right to choice by mandating that all computers must install the same software. This action might also violate Articles 32 and 37 of the Anti-Monopoly Law of the PRC.

Second, the government departments have not publicly defined the criteria for harmful information and pornographic content, nor have they explained the function of the software, which could possibly pose a tremendous danger to citizens’ individual privacy and information security.

Third, purchasing the software would cost 41.7 million yuan in government funding, but the government would only pay for the first year. The government has not specified whether the subsequent annual usage fees would be paid with government funds or would instead be passed on to the consumer.

Fourth, even if the regulation was implemented, there is the question of whether it is necessary to spend such a large amount of money on an action whose effects may not be clear, because there is other anti-virus software available on the market that has the same ability to block harmful information and such software can be uninstalled by users at any time, according to manufacturer claims.

According to the basic principles of administrative law and the directive to “research and set up an expert advisory and public opinion mechanism, and hold hearings for items subject to examination and approval which concern the public interest or the vital interests of the people” as stated in the “Opinions on Deepening the Reform of the Administrative Examination and Approval System”issuedby the General Office of the State Council on October 21, 2008, I hereby submit this application. Please act in accordance with the law.
    
Respectfully submitted to the MIIT of PRC.

Application to MIIT for Open Government Information

Notes

1. All information provided by the applicant must be accurate and complete to ensure ease of contact.
2. If the applicant is unsure of which department should respond, the “Department to respond” field can be left blank.