Shi Tao: Yahoo! had another choice to avoid to be evil to be legal Rebecca MacKinnon, a research Fellow at the Law School's Berkman Center for Internet and Society, focuses the real problem on her blog about the role Yahoo! played on the arrest and conviction of journalist Shi Tao. Yahoo! declared they had to help Chinese authorities. In an email to Reuters, a spokesperson wrote: "Just like any other global company, Yahoo! must ensure that its local country sites must operate within the laws, regulations and customs of the country in which they are based." But Rebecca MacKinnon claims that yahoo! could avoid the problem: instead of providing an e-mail service hosted on servers based inside China (as it actually does), making itself subject to Chinese legal jurisdiction, Yahoo! could have provided a service hosted offshore only. So Shi Tao wouldn't have been legally obligated to hand over his information. Read this very interesting post on her blog.

27.9.05 22:19 Permalink / comment

the national secret documet Shi Tao revealed This is the full national secret document Shi Tao revealed. He took some notes, wrote critical comments about these violations of the freedom of press, and then submitted it to the US-based Democracy Net. This document was distributed to Chinese media editorial groups in April 2004 and has been declared to be a State Secret by the Chinese Government. 4月20日，中国的宣传部们紧急向各新闻单位传达中办和国办的11号 文件，内容是《关于当前稳定工作的通知》，摘要如下： 20 April, Chinese Propaganda Ministry urgently dispatches document 11 to assorted news agencies, contents “Concerning present work to continue stability”, abstract as follows: 一、关于当前形势的分析： 1. About the present situation, an analysis: （一）今年是“6．4”15周年，境外一些民运分子比较活跃，他们准 　　　备在“6．4”纪念日期间采取闯关行动，准备强行闯关； （二）关于自由化的问题，主要是否定共产党领导，否定社会主义制 　　　度，搞所谓的“民间学习”，还有一些敌对势力把刑事案件政治化； （三）“法轮功”邪教分子搞破坏活动； （四）互联网上各种有害信息的传播； （五）群体事件比较突出，主要表现在拆迁、上访等方面； （六）境外敌对势力利用宗教等渠道（印刷品、互联网），拉拢青少年 或在学校里开展学术活动、助学等等，搞非法活动； （七）香港问题。 (一 This year is the 15th anniversary of "6/4", cross border/external democracy groups are increasingly active in preparing to commemoration "6/4", and are preparing to cross the border; (二 Currently the focus of liberalization is, whether or not the Communist party is in a position to lead, whether or not to continue the system of socialism and the so-called “popular study”, additionally hostile elements have been observing judicial cases and politicizing them; (三 Acts of terrorism committed by FLG members; (四 Harmful information has been disseminated on the Internet; (五 There have been prominent demonstrations by the masses, principally over forced relocations, and seeking petitions for help; (六 Hostile foreign powers are taking advantage of religious channels (print media, Internet) to win over young people, and using school activities, tutoring etc, to help (students/youths) in carry out illegal activities. (七 The Hong Kong Problem; 重点是关于“6．4”、关于“法轮功”、关于群体事件”。 Key Point are about “6/4”, about FLG, about mass events (mass protests) 二、各级各部门要做好防范措施： 2. Every level, every department, must take these preventative measures. （一）坚决制止民运分子闯关入境； （二）严密防范各种活动； （三）严密防范敌对分子利用互联网搞活动； （四）严密防范群体事件的发生； （五）严密防范“法轮功”邪教组织搞破坏； （六）严密防范重点部门和人员的安全； （七）严密防范一些影响安定团结的因素。 (一 Determined system to stop pro-democracy group from crossing the border; (二 Tight protection to guard (against) any type of (demonstration) activity; (三 Tight protection to guard (against) any type of activity on the Internet; (四 Tight protection to guard (against) mass protests; (五 Tight protection to guard (against) acts of destruction by the nefarious FLG cult; (六 Tight protection to guard the security of members of key departments； (七 Tight protection to guard (against) element impacting on stability and unity; 三、当前要狠抓的五项工作： 3. Immediate fierce promotion of 5 key works （一）坚持正确的理论和责任意识； （二）切实加强情报工作，掌握各种活动情况； （三）坚持正确的舆论导向，有效地防范境外敌对分子的破坏，坚决 　　　不发任何和中央政策不一致的任何言论； （四）突出重点，有针对性地做好防范控制工作； （五）减少群体性上访。 (一 Uphold proper thinking and responsible ideas; (二 Practically reinforce information-gathering work; gain a better understanding of all activities and situation; (三 Continue to manipulate public opinion to the correct form, have an effective defense against destructive external forces, resolutely never express any opinions that are not consistent with the central (Government’s) opinion; (四 Give prominence to key points, direct protective measure towards them; (五 Reduces mass petitions by the people; (同时要注意境外民运分子与境内媒体个别编辑、记者的联系，一旦发现，立即报告 At the same time (you) must focus (your) attention on relationships between external democracy groups and individual editors and journalists inside (China); once discovered, inform on them immediately.

27.9.05 21:54 Permalink / comment

journalist Shi Tao and Yahoo!: an example of how a company can operate in foreign countries The fact is well known: Shi Tao, 37, a journalist who worked for the Contemporary  Business News in Hunan province, was arrested and sentenced in April to 10 years in prison. He was charged with "divulgating State secrets abroad". At a meeting in April 2004, a local communist party boss gave him and his colleagues instructions on how to cover the 15th anniversary of Tiananmen Square's facts. Shi took notes and, with his private e-mail account, sent off a desription of what he'd been told to a pro-democracy website run by a Chinese emigre in America. Two weeks ago, Shi Tao was arrested and sentenced for doing so. You can find the original chinese-english verdict here. His e-amil address was a Yahoo! account. When Chinese government asked informations, Yahoo! complied with their request. So, practically, Yahoo! helped to put in jail a Chinese citizen, violating his privacy.  Questioned about this decision at a conference in China, Yahoo!'s co-founder, Jerry Yang, declared to the International Herald Tribune: "To be doing business in China, or anywhere else in the world, we have to comply with local laws". Things are two: business are more important than civil rights and privacy for an American company. Nothing strange. The other is that an American company can operate abroad without respecting those rights it must respect in America with American citizen, or in any other western country. Before complying with local laws, Yahoo! halped China to become more authoritarian. I remind you that Yahoo! signed in 2002 the Public Pledge on self-discipline in Internet industry (you can read the full text here): according to aticle 3, "The basic principles of Self-regulation and Professional Ethics for Internet the Industry are being patriotic observance of law, equitableness, trustworthiness and honesty", and there's nothing wrong. But read articles 8 and 10 and find out how they are each other in a somewhat contrast (is the 8 ever respected?): 8. We pledge to respect the lawful rights and interests of consumers and we shall protect the confidentiality of their information. We pledge not to use the information provided by users for any activity other than those as promised to users, and no technology or any other advantage may be used to infringe upon the lawful rightsand interests of the consumers or users. 10. Internet access service providers pledge to inspect and monitor information on domestic and foreign websites when it provides access to those sites and refuse access to those websites that disseminate harmful information. Yahoo!, on the other hand, agrees on censoring its Chinese search engine cn.yahoo.com.

27.9.05 18:13 Permalink / 2 Comments / comment

Yang Jianli: 1249 days in prison in China 1249 days in jail since Yang Jianli, a Chinese-American citizen, has been arrested in China in 2002, with charges of espionage and illegal entering in the country. He is one of the so called cyber-dissident in jail in the world and China is the biggest prison for them. He moved to America after the Tiananmen Square facts in 1989, earned two Ph.D.s and founded the Foundation for China in the 21st Century. For his political activism, his aim to introduce democracy in China and his articles published on the net, Jianli was blacklisted by Chinese government. So, once he came back to his country to investigate about some strikes in the North-East, he was immediately arrested by authorities. According to Reporters sans frontières there are 70 cyber-dissidents imprisoned for their activities on the net: 62 are in China. I met on the net months ago Christina Fu, Jianli's wife. She told me her husband's story. She told me they have two children in America, Aaron and Anita, who haven't seen their father since four years. She told me Jianli, before been charged, was in prison until 2004: two years without a sentence. He could saw his lawyer only twice and he suffered even a stroke last year. She's very worried. If you want to know more about Yang Jianli, visit the blog his wife is writing. See also my photoblog.

25.9.05 23:55 Permalink / 2 Comments / comment