Shulou(Shulou.com)11/24 Report--

Thank you, Mr. Air, a netizen of CTOnews.com, for your clue delivery! CTOnews.com news on December 14, the Ministry of Industry and Information Technology, in conjunction with the State Internet Information Office, issued a notice on further standardizing the preset behavior of mobile smart terminal applications (hereinafter referred to as "notice").

The Circular is called to further standardize the preset behavior of mobile intelligent terminal application software, protect the rights and interests of users, enhance the supply level of mobile Internet application services, build a more secure and dynamic industrial ecology, and promote the sustainable prosperity and development of the mobile Internet. According to the Network Security Law of the people's Republic of China, the personal Information Protection Law of the people's Republic of China, and the Telecommunications regulations of the people's Republic of China. The relevant matters are hereby announced as follows:

1. The preset application software mentioned in this circular refers to a software program that is preset by the production enterprise and has a user interaction entrance in the main screen and auxiliary screen interface of the mobile intelligent terminal to meet the application needs of users and can be used independently.

2. The preset behavior of mobile intelligent terminal application software shall follow the principles of compliance with the law, customer supremacy, safety and convenience, and minimum necessity, and implement the main responsibility of the enterprise according to the requirements of who is preset and responsible. Respect and safeguard users' right to know and choose in accordance with the law, and protect the legitimate rights and interests of users.

Third, the production enterprise should ensure that the preset application software except the basic function software in the mobile intelligent terminal can be uninstalled, and provide a safe and convenient uninstallation mode for users to choose.

4. Basic functional software is limited to the following areas:

(1) basic components of the operating system: system settings, file management

(2) applications to ensure the normal operation of intelligent terminal hardware: multimedia recording

(3) basic communication applications: answering phone calls, sending and receiving text messages, address books, browsers

(4) Application software download channel: application store.

At most one preset application that implements the same basic function can be set to be uninstallable.

Fifth, the production enterprise should improve the authority management mechanism of the mobile intelligent terminal, improve the security of the operating system, and take technical and management measures to prevent the replacement of the operating system and the installation of application software in the product circulation.

6. The production enterprise shall, in accordance with the relevant provisions of the interim provisions on the preset and Distribution Management of Mobile Intelligent Terminal Application Software (Ministry of Industry and Information Technology (2016) No. 407), ensure the safety and compliance of the preset application software, explicitly indicate the relevant information of the preset application software, perform the full-chain management responsibilities such as registration, audit, monitoring, retention and removal, improve the complaint acceptance system and other service guarantee measures, and deal with user complaints in a timely manner. Implement the responsibility of personal information protection.

The Ministry of Industry and Information Technology, together with the State Internet Information Office, shall strengthen the supervision and inspection of pre-built applications. Violations of this circular shall be dealt with in accordance with the provisions of relevant laws and regulations.

8. This circular shall enter into force as of January 1, 2023.

Pre-installed App is a common way to promote applications. For example, when the phone comes out of the factory or we just buy it and turn it on, we find that the manufacturer has installed App software for us "intimately". Although these pre-installed App are mainly paid by App promoters to allow mobile software and hardware developers to write in the hardware or insert corresponding App into the mobile operating system, they only need to be activated automatically as soon as the user is turned on, so as to quickly install various App software for the phone and improve application utilization.

It is worth mentioning that Xiaomi launched the "Razor Plan" in the just released MIUI 14, which greatly reduced the number of non-uninstallable applications in the system, which coincided with the new regulations of the Ministry of Industry and Information Technology.

CTOnews.com learned that the Ministry of Industry and Information Technology has also issued an interpretation of the Circular. The following is the full text of the interpretation:

First, what is the background and purpose of the Circular?

In 2016, the Ministry of Industry and Information Technology issued the interim regulations on the preset and Distribution of Mobile Intelligent Terminal Application Software (MOIIT) No. 407) to strengthen supervision over the behavior of mobile intelligent terminal preset and distribution of application software. it is clear that only preset "basic function software" can be set as uninstallable and other management requirements. Since its implementation in July 2017, the document has achieved good results, effectively standardizing the behavior of terminal preset application software, and effectively protecting the legitimate rights and interests of users.

In recent years, with the rapid development and continuous innovation of the application software (App) industry, it has provided rich and colorful Internet applications for consumers and facilitated people's production and life, but at the same time, some new situations and problems have emerged. It is necessary to further clarify and refine the definition and scope of "unloadable" preset App on the basis of existing regulations, so as to compact the main responsibility of terminal production enterprises. Strengthen the whole chain management of preset App.

Therefore, in order to further standardize the App preset behavior of mobile intelligent terminals, improve the supply level of mobile Internet services, build a safer and more dynamic industrial ecology, and create a more assured information consumption environment, the Ministry of Industry and Information Technology and the State Internet Information Office jointly issued this Circular.

Second, what is the process of formulating the Circular?

In November 2021, the Ministry of Industry and Information Technology and the State Internet Information Office set up a special drafting group to carry out in-depth research, discussion and demonstration work, sort out the implementation of relevant regulations such as document No. 2016 of the Ministry of Industry and Information Technology, analyze the main problems existing in preset App for mobile intelligent terminals, listen to the opinions and suggestions of experts and scholars in the field of mobile Internet, and form a draft of the Circular. After that, it solicited opinions from mobile intelligent terminal manufacturing enterprises, relevant industry associations and professional institutions many times, and solicited opinions from the public from mid-February to early March 2022. On the basis of fully absorbing the opinions and suggestions of all parties, the Circular is jointly issued and implemented by the Ministry of Industry and Information Technology and the State Internet Information Office.

3. What is the orientation and main content of the notice?

The Circular is a specific provision to supplement and refine the matters related to the preset behavior of App on the basis of the management principles and requirements established in document (2016) 407 of the Ministry of Industry and Information Technology. The main contents include:

First, aiming at the preset App behavior of mobile intelligent terminals, this paper puts forward the principle requirements of "compliance according to law, user supremacy, safety and convenience, and minimum necessity", clarifies "who is preinstalled and who is responsible" and ensures users' right to know and choose, and so on.

The second is to clearly define the preset App and make specific detailed provisions on whether the preset App of the mobile intelligent terminal can be uninstalled, that is, the App that can not be uninstalled should be limited to a few basic functional software, such as system setup, multimedia recording, answering phone calls, application stores and so on.

The third is to require production enterprises to improve the safety of terminal products and avoid being illegally "brushed" and installed App in the sales channel. Further clarify the full chain management responsibility of the production enterprise for the registration, audit, monitoring, retention and removal of the preset App.

Fourth, the Ministry of Industry and Information Technology in conjunction with the State Internet Information Office to strengthen the supervision and inspection of preset App and the handling of violations.

What is the scope of the so-called "mobile intelligent terminal" in the notice?

According to the document No. 2016 of the Ministry of Industry and Information Technology, the mobile intelligent terminal refers to the mobile communication terminal product which is connected to the public mobile communication network, has an operating system and can be installed and uninstalled by users.

According to the regulatory practice of mobile smart terminals and preset App and the actual needs of users, the scope of "mobile smart terminals" referred to in the notice mainly includes mass consumer communication terminal products such as smartphones, tablets and wearable devices connected to the public mobile communication network, excluding industrial terminals, vehicle terminals and other data terminals for specific industries and uses. It also does not include intelligent terminal products that are not connected to the public mobile communication network.

5. What are the scope and main considerations of the basic functions of the software defined by the notice?

The document (2016) 407 of the Ministry of Industry and Information Technology stipulates that the basic function software of the mobile intelligent terminal refers to the application software that ensures the normal operation of the hardware and the operating system of the mobile intelligent terminal. it mainly includes the basic components of the operating system, applications to ensure the normal operation of intelligent terminal hardware, basic communication applications, application software download channels and so on.

On the basis of the existing provisions and in accordance with the principle of "minimum necessity", the Circular further defines the specific types of App contained in each kind of basic functional software, which not only fully ensures that users can use terminal products normally, but also maximizes the scope of uninstallable App, and maintains users' right to know and choose.

6. What are the requirements and considerations of the notice for terminal security management?

Because the mobile intelligent terminal allows users to install and uninstall App by themselves, they may be "brushed" illegally in the process of product circulation, including changing the operating system or installing some illegal App. In order to avoid the security risks caused by "brushing the machine" and protect the rights and interests of users, the Circular requires production enterprises to improve the authority management mechanism of mobile intelligent terminals, improve the security of the operating system, and take technical and management measures to prevent "brushing" behavior.

7. how to do a good job in the implementation of the "circular" in the next step?

After the release of the Circular, the Ministry of Industry and Information Technology will do a good job in implementing policies, revising standards, strengthening supervision, and promoting development. First, strengthen publicity and implementation, do a good job in policy interpretation, strengthen the guidance related to the management of mobile intelligent terminal preset App, and organize production enterprises to implement the requirements of the notice in a timely manner. The second is to revise the supporting standards and norms synchronously. Organize, revise and improve the supporting standards and norms such as the "Guide for the Classification and uninstallable implementation of Mobile Intelligent Terminal preset Application Software", strengthen the standard guidance, and earnestly grasp the implementation of the "notice". The third is to improve the full-chain supervision system of App, make joint efforts in the aspects of App preset and distribution, strengthen the security detection of preset App in the link of entering the network, continuously strengthen App management, and promote the safe, orderly and healthy development of mobile Internet and intelligent terminal industry.

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