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Chapter 3 China Internet Control Status Analysis
In recent years, China has established Internet Society of China to incorporate a variety of internet enterprises and initiated self-regulated actions with establishment of reporting mechanism. The organization was expected to act as an agency to proceed with new management mechanism for increasing internet users. However, the CCP has not rid itself of the dilemma between internet control and development. This chapter will describe China’s internet control status.
Section 1 China's Internet Control Mechanisms and Measures
Because network communication, as the global view it exhibited, consist of borderless, decentralized, anonymous, private, and convenient characteristics, it has certain extent influence on the communist social system under the authoritarian governance of the CCP. New challenges came up, such as crime prevention at the network; the rise of various types of “blog editors” “podcasters” because network population was increased, and thus participation in democratic discussion. Issues such as internet management rules, internet content control, and regulation to internet service suppliers were also challenges to the governing authority of the CCP. Meanwhile, they affected national security of China as well. These are difficult issued when China implemented internet control.
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I. Internet Regulations
In 1994, when the initial National Council promulgated the “PRC Computer Information System Security Protection Ordinance”, China began to enact laws and rules for the management of network. Since 1995, it opened the network for private use. The legal norms for China’s internet control are based mainly on China’s internet regulations and discussion of implementation aspects for the regulations. Particularly highlighted are functional overlap among implementation agencies that contain one another and internet-control related issues.
In comparison, however, China’s internet law is quite advanced: So far, it has issued a total number of about 60 acts by the central government and numerous other internet regulations, which is hard to count, by local governments. The 60 acts cover many important aspects of network management, including virus, copyright, electronic publication, domain name registration, suppliers, and management of internet sites on the outer rim, such as internet cafes. In view of coverage, China’s regulations in network management are peculiarly progressive and comprehensive.
Chinese authorities fear the loss of Internet ownership and the positions of public opinion, in recent years, a number of measures taken by the Chinese authorities control the spread of Internet information. These measures could be divided into four main categories:
A. To develop the dissemination of information and Internet-related laws and regulations.
B. To strengthen the crackdown on illegal online speech, to prevent invasion of
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inside and outside hostile forces to its information boundaries.
C. To expand the official control information boundaries, to support the official news websites, such as Xinhua, increasing in line with the official position of the information.
D. To develop Internet filtering software and to force Internet users to install by behalf of the Government to monitor their behavior to prevent political sensitive information, to increase the Internet monitor efforts.
In recent years, after the social information becoming Internet information, it has forced Chinese authorities to vigorously control Internet information. In February 2006 Chinese Ministry of Industry and Information Technology(MIIT) launched a one-year project “Sunshine Green Internet Project”,5promulgated “Internet e-mail management approach”, the “Internet e-mail report receiving center” was formally established, it cooperated with the major telecom operators, to establish the mobile phone users real-name system, designed to bind Internet and mobile phone spam and information. In May 2007 the Chinese MIIT and other functional departments with the major media, telecom operators set up to combat Internet pornography, the special action program of work, to carry out clean-up Internet access, and to combat with the closure of the illegal dissemination of pornography and sexual services and telecommunications providers.6 The implementation of these control measures was purified the Internet environment.
5 China starts "Sunshine Green Internet Project",http://www.china.com.cn/chinese/EC-c/1130078.htm
6MIIT, “Notification about to set up special action to Internet pornography”, May 11th, 2007, no.231.
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Furthermore, the China’s “Internet audio-visual program service management requirements”, which was applied from January 31st 2008, also requires prior permission for internet audio and video programs. To engage in Internet audio-visual program service shall be in accordance with the provisions to apply license issued from broadcast film and television authorities or filing procedures. If not following the above steps, any groups and individuals couldn’t perform internet audio and video program service. According to this provision, it can not be engaged in the two types of Internet audio-visual program services. First is to produce, edit, integrate video and audio programs to the public through the Internet. The second is to upload and spread audio-visual program services for others.
II. Internet Content Control
In reviewing the purpose and current status of Chinese internet development, under the internet control of the CCP, users tried various methods to get breakthrough and reach blocked messages. The leaders of the CCP, although in recent years they have expressed support for internet development, still insist on the necessity of network of control and, linking with the technology of various major network corporations, conduct more rigorous control. Analyzing regulations on network, we can find recurring contents in a few provisions, which, we would say, are the core contents of internet control on ideology.
Included in the provisions are contents such as that people may not “endanger national security, leak national secrets, incite others to subvert national power, undermine national unity, harm national honor and interests, sabotage national religion policy,” and so forth. These elements are clearly related with advocates that China will maintain the existing form of government that is anti-democracy and that it
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is against national separation. The more orientations are presented in internet development, the more of them are included in regulations, and each orientation is associated with speech control. For the same reason, democratic expression in all new network interfaces is fully clamped down.
China also set up a filtration system on the Internet. This filter throughout the application, access points, ISP and backbone at all levels, impact to the website, e‐mail, forums, university BBS, social network, blog and micro blog services, instant messaging, search engines and other types of information dissemination. Filter content, including pornography, Falun Gong, political topics, minority ethnic topics and so on. Facing China's severe Internet filtering symptoms, internet users invented a large amount of replaced words, for example, the network's popular 2009 “Grass mud horse” phenomenon was born in this environment7. On January 2010, Google, the most popular search engine in the world, had decided to stop filtering searching results in China, even had to turn off business in China8. As the Internet is crossing the border, it not only related to a country’s control, but also relevant to global governance. Google announced move out of China, the conflict and the embarrassment exposure exhaustive.
III. Network Control on the Service Supply Side
Six internet domains of backbone network that connects to the outside have been set up in operation since 2004. The administrative offices of the six domains of backbone network belong to the government; they are nation-owned institutions if not organizations of the government. As far as internet service providers (ISP) and
7 The New York Times : A Dirty Pun Tweaks China’s Online Censors, By MICHAEL WINES, Published: March 11, 2009, http://www.nytimes.com/2009/03/12/world/asia/12beast.html
8 BBC NEWS : Google stops censoring search results in China, By Damian Grammaticas, Published:
March 23, 2010, http://news.bbc.co.uk/2/hi/business/8582181.stm
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internet content providers (ICP), all of the vendors have to get connected to the internet by the six backbone network although China is a member of WTO and must open to foreign capital9. The administration asks ISP and ICP in the form of regulatory requirements that they may not produce, reproduce, publish, or transmit any “harmful” information. If violation was found, the providers shall immediately stop transmitting, preserve related records, and report to relevant authority. The providers must also note the contents of information as an active duty. They must be
“self-contained.”
By management and control of network suppliers, as well as cooperation of them with network police, China in principle is capable of disclosing those who spread messages and hide behind the network, as well as blocking, removing, or changing the contents that violate the specification at any time. Establishment of the control mechanism means that officials of China are capable of blocking and restricting network contents partially, selectively, elastically, and instantly.
The ISP and ICP should be responsible for content providing to internet users, and cooperates with regime authorities’ control. For example, according to the 14th article of “Internet information service management requirements”10published on September 20th, 2000, and latest updated on August 3rd, 2011, any ISP which engaged in news, publishing, and e-bulletin board service should record the information contents, including its login time, IP address, and domain name. Internet which accesses to ICP should record users’ online time, user account, IP address, domain name, caller phone number and other information. The record from ISP and Internet
9In 2006 capital holdings were completed liberated and foreign holders can own 50% of stocks.
10 “Internet information service management requirements＂, issued date September 25, 2000,
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access to ICP should be kept a backup for 60 days and provided to relevant national authorities while inquiry.
IV. Green Dam Youth Escort Filtering Software
While China’s internet controls obtaining results, it was accompanied by a new problem. Because of Internet’s features of technical and non-border nature, it increased China’s difficulty of control. It also brings unprecedented sense of urgency to China’s Internet management from the Internet hackers glimpse and invasion.
Figure 2: Green Dam Youth Escort Filtering Software Source: http://www.lssw365.net/lvhang/index.php
In 2009, the opening of the “Green Dam Youth Escort (Green Dam)” filtering software has aroused great concern. In June 2009, in order to prevent young people from the Internet against bad information, the Ministry of Industry and Information
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Technology(MIIT) issued a notification to order computer manufacturing and sales of enterprises should be completed the “Green Dam Youth Escort” software pre-testing and other related work by the end of June 2009. The day after July 1st the computers on sales should be pre-installed “Green Dam Youth Escort” software.
Figure 3: Any dissemination of information will be filtered by Green Dam Youth Escort Filtering Software.
Source: http://www.lssw365.net/lvhang/index.php
It was claimed by the integrated test and pilot applications, the software can effectively filter the Internet bad text and image contents, the software has been pre-installed by computer producers.11 This control initiative has aroused concern by
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domestic and abroad. In June 2009, University of Michigan School of Computer Science and Engineering reported on the Green Dam Review Analysis:
1, Green dam itself is very fragile and vulnerable to Internet hackers attacks.
2, Green dam itself has a monitoring function, it can prevent adult contents and political sensitive information.
3, The part of the code in Green dam coincides with the same type of software, Cyber Sitter of the United States.12
The Chinese Internet security vendor Qihoo soon confirmed the presence of high risk in this green rogue software, security vulnerabilities can lead the user to face theft on online games, Internet Banking account, personal privacy such as multiple risks.13 Chinese Internet users gave fierce attack to the security of this software and compulsory installation of “Green Dam”. There are various academics and professionals having expressed with the words and actions out of dissatisfaction and resistance. The Chinese authorities took into account this green software caused Internet users’ resentment and international questions and complaints, and some manufacturers did not timely completion of a comprehensive test, a reason for postponing the Green software, finally postpone the schedule of pre-installing in
12 Scott Wolchok, Randy Yao, J. Alex Halderman analysis of the green dam censorware system。
http://www.cse.umich.edu/~jhalderm/pub/gd/
13China News Net, June 13th, 2009,
http://www.chinanews.com.cn/it/it-bdyj/news/2009/06-13/1732888.shtml
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During the unprecedented Internet development era, the Internet’s transparency, its rapid nature, and users’ wide range participation brought unprecedented challenges to the management and control of China. The government’s mandatory action, opaque or immaturity can only lead to Internet users’ resentment and anger, it will also give rise to the international community's doubts and resistance. The Green Dam project development in China is as the table of follows :
Table 2: The Green Dam project development in China
Stage Development
First stage :
Promotion and testing
On April 1st 2009, Chinese Ministry of Education, Finance, Industry and Information Technology(MIIT), State Council Information Office(SCIO) jointly issued
“Notification about doing installing internet filtering software work well for green internet in primary and secondary schools” to decide providing free green internet filtering software for primary and secondary schools.15 Otherwise, it also provided each authority and individual user free download and pushed this green dam to domestic from July 1st 2009. The Chinese official slogan is to “change the world and for future achievement”, “build green, health, and peaceful internet environment”, and
ternet
14UDN NEWS :China postpone installing Green Dam software, June 18th 2009, http://www.udn.com/2009/6/18/NEWS/MAINLAND/MAI2/4968993.shtml
15 Ministry of Education of the People's Republic of China : Notification about doing installing in filtering software work well for green internet in primary and secondary schools, April 1st
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“spread green seeds and harvest for golden hope”. The computers from the plan of “The China's Home Appliance Subsidy Program for Rural Areas” had also preinstalled this green software.16
Second stage :
Total Pre-install green dam soft ware
The Chinese Ministry of Industry and Information Technology(MIIT) issued notification about “Computers will be pre-installed green filtering software” to command domestic produced and sold laptops had to pre-installed the latest version of “|Green Dam Youth Escort” after July 1st 2009.17 However, on June 30th 2009, the Chinese MIIT announced a provision to postpone installing this software.
Third Stage :
Cancel pre-install Green Dam software
On August 13th 2009, according to the opinion from each side, the Chinese MIIT would decide the next installation and pre-installation case for next step. MIIT also strengthened that the computers in schools, cyber cafes and public places will be installed green dam software.18 MIIT tried to cover people’s enforced impression.
Fourth Stage:
Green Dam Project team disbanded
On July 13th, the Green Dam Project team disbanded crews because of lack budget.19
16 Nanfangdaily: The Computers sold after July 1st have to be installed "Green Dam", By Ministry of Industry and Information, May 19 2009,:http://nf.nfdaily.cn/nanfangdaily/nfjx/200906090005.asp
17 MIIT : Notification about “Computers will be pre-installed green filtering software”, By MIIT, Published: May 19th 2009, http://dzs.miit.gov.cn/n11293472/n11293832/n11293952/12398220.html
18 CNS: Mr. Li, Minister of MIIT, claimed that Green Dam problem was expanded, By Chin Xin, Published: August 13th 2009, http://www.chinanews.com/cj/cj-cyzh/news/2009/08-13/1816719.shtml
19 Sina: Green Dam project team was disbanded without getting country's budget, By Li Bing, Published: July 13th 2010, http://news.sina.com.cn/c/2010-07-13/031220663435.shtml
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Although the Green Dam project was not brought big success for China but its website still continue update software version and news. However its green project still continues with different project names. “Green computers to the western” is one of them, apparently to improve western provinces internet infrastructure but the main purpose is to control people’s thinking and to provide
“green” information, then to achieve control internet information goal.20
Source: adapted from author’s collected.
V. Control of Network News
On 25 September 2009, the Ministry of Information Industry and the Council Information Office of People’s Republic of China jointly announced “Inter-network News Information Service Management Act”, another new regulation as China keeps strengthening domestic internet control. According to a report by the Associated Press, the new regulation required that the inter-network news information service units can only post news, provide electronic bulletin service of current political affairs, issue communication information of current political affairs, and encourage news information that help “improve quality of citizens, promote economic development, as well as enhance social progress, health, and civilization”, while they should prohibit the dissemination of contents that are “contrary to national security and public interest.” In the face of China’s huge population of internet users, the CCP on one
20 CRI : "Green" computers to the western, By Jiang Sin, Publish: August 1st 2011,
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hand encourage online education and business information whereas it on the other hand spend a lot of manpower and material resource in setting up internet police, preventing pornography, and clamping down freedom of speech. People are likely to be sent to prison by being branded as “acting against national security” or other vague names if they express sensitive political commentary or criticize the government.
During the Jasmine Revolution movement in China 2011, the Chinese Sichuan police arrested Chinese well-known blogger Ran Yunfei with “inciting subversion of state power” on February 24th 2011 and received formal official approval arrested notification to Ran from Chengdu Public Security Bureau on March 28th. Ran was held in Dujiangyan.
Figure 4: Ran Yunfei, one of the famous Chinese writers, who was arrested by CCP during the Chinese Jasmine activities.
Source: http://en.wikipedia.org/wiki/Ran_Yunfei
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Later on June 27th, Ran’s lawyer confirmed that his case has been returned by Chengdu Intermediate Court because of lack evidence. On August 9th 2011, Ran was released from detention center in Dujiangyan and returned home in Sichuan.21 Although Ran was released but this is not the only one case, there were many people arrested because of engaging in internet activities.
To further control and restrain potential dissidents, the CCP shut down thousands of internet cafes, place where it was the only opportunity to access internet for many people who could not afford to buy computers. The China administration installed surveillance cameras in the internet cafes, required that internet users must register their ID numbers, and threatened to close unregistered websites and web blogs22. The “Borderless Reporter Organization” criticized that western companies not only failed to use their influence to promote freedom of expression and information in China, but compromised to the Chinese Communists. Now it is time that Yahoo, Google, and Microsoft should begin to think about the moral consequences that they have brought to China with their business activities.