Green Dam: Bureaucracy dumps its Partners

“Green Dam” censorship (or “youth escort”) software (绿坝-花季护航) was initially meant to be mandatorily installed on all personal computers in China, private and public ones alike. When Chinese academics Zhou Ze (周泽) and Wei Yongzheng (魏永征) pointed out legal obstacles for the software project in June last year, one of their points was the Anti-Unfair-Competition law‘s article 7. It says that

[t]he government and its organ shall not abuse its authority to force the others to purchase the commodities from the pointed seller or prohibit the fair competition from the others. The government and its organ shall not abuse its authority to prohibit outside commodities from going into home market, or prohibit domestic commodities from going to outside market.

The government had pledged to pay the license fees during the first year, but there was no information on who would pay during the following years – if the consumer had to, it would be a violation of article 7, argued Zhou and Wei.

This may now be one of the licensors’ – Zhengzhou Jinhui Computer Systems Engineering Co Ltd  (郑州金惠计算机系统工程有限公司) and Beijing Da Zheng Language and Knowledge Handling Technology Co Ltd (北京大正语言知识处理科技有限公司) – major headaches. Who is going to pay the license fees from now?

The authority in charge of stipulating laws and regulations of the manufacturing industry of electronic and IT products, the communications industry and the software industry (2.), and to handle other matters entrusted by the State Council (16.). In August 2009,  minister Li Yizhong (李毅中) said that poorly written regulations had led to the misunderstanding that the installation of Green Dam software would be mandatory on every new computer. However, all public computers in schools and internet cafes would have to install the software.

And then, it seems, the bureaucracy lost all its interest in the project. Not only that the state budget for the software licenses has run out now. That was, after all, announced more than a year ago and should as no surprise. If schools and internet cafes all over China really had to install the software – and pay license fees to the two software makers -, it’s hard to see how a licensor would be compelled to shut down the office in Beijing which runs the Green Dam website and promotes the software now.

But then, who in China would pay licenses (unless it was comprehensively enforced), and who would want to call a support office in Zhengzhou to make sure that his or her computer is being censored effectively?

Rather, Beijing may now try another approach: an end to anonymous phones and online comments.

Green Dam Censoring Project closing down?

Yanzhao Metropolis Daily (燕赵都市报, Hebei Province) quotes a Beijing Times (京 华时报) report saying that the two companies that are in charge of developing the mandatory cenoring software Green Dam Youth Escort had closed their project office at Hua Jie Building (华杰大厦) at the Third Ring Road [apparently within the Haidian area - JR]. All employees belonging to the project team had been made redundant.

Another project team in Zhengzhou, Henan Province, was reportedly still operating, but also said to be in trouble, and may also be closed soon, which, the report adds, would leave 20 mn users without technical support and customer service (届时将有2000万绿坝用户失去技术和客服支持).

The censoring software, formerly or possibly still meant to become mandatory software for every computer, or only every publicly used computer, had been criticized within and outside China in 2009, for quality problems, conflicts with competition laws, and several other for several other issues.

Green Dam: Class Background Matters

Chinese industry and information technology minister Li Yizhong (李毅中) said on Thursday that poorly written regulations had led to the misunderstanding that the installation of Green Dam software would be mandatory on every new computer. However, all public computers in schools and internet cafes would have to install the software.

Besides the formulation of regulations, he also blamed the amplification and politicization of the Green Dam project as irresponsible (this supposedly refers to criticism of the software). Li Yizhong said that the main purpose of Green Dam was to counter illegal online activities, and malignant information (不良信息).

The new approach still leaves a lot of questions open – about computer security, if reports that Green Dam weakens computer security are correct, and also about free choice between different softwares. After all, many other software licensors – within China and abroad – offer filtering software for minors, too, and could be opted for by internet cafe operators, rather than the two domestic licensors chosen by the ministry.

Minister Li indicated that Green Dam‘s filtering efficiency was at about 90 per cent. It would be interesting to know if it is 90 per cent both on porn, and politically sensitive topics, or if the filtering efficiency differs on these two fields.

The development also suggests that Chinese class society is becoming still more distinctive. The latest difference – as far as is up to the ministry – isn’t only about if you are in China or abroad, and it isn’t only about who has internet access (even if only in an internet cafe) and who hasn’t. When it comes to the obligation to view the world through Green Dam, it is also about who owns a computer, and who doesn’t.

Green Dam: Delayed, not Cancelled

Bad news for fans who can hardly wait for Green Dam Youth Escort Software:  this highly innovative product won’t be included with every computer sold, for the time being.

The good news is that Green Dam’s launch is only delayed, not cancelled.

Academics: Five Obstacles for “Green Dam”

Much of the following is based on my translation – which is hardly flawless. No good for legal use – this is a layman’s post. If you want to save the money on an expert’s translation, it will be your problem.

Chinese “web filtering software” Green Dam and Minor Escort (绿坝-花季护航) – to be mandatorily included on every personal computer sold from or after July 1 – contains serious security vulnerabilities, according to three computer scientists with the University of Michigan.

“If Green Dam is deployed in its current form, it will significantly weaken China’s computer security,” the report states. “While the flaws we discovered can be quickly patched, correcting all the problems in the Green Dam software will likely require extensive rewriting and thorough testing. This will be difficult to achieve before China’s July 1 deadline for deploying Green Dam nationwide.”

Shanghai’s Xin Min Evening News (新民晚报) reports that Profs Zhou Ze (周泽), a lawyer with China Youth University for Political Sciences in Beijing (中国青年政治学院), and Wei Yongzheng (魏永征, probably often pronounced in a Cantonese way, as Wei is from Hong Kong) have applied to the Ministry of Industry and Information Technology, for information disclosure and for a hearing.

The ministry is not responsible for the regulation of content for the media industry, according to Wikipedia of today, as this is the task of the State Administration of Radio, Film, and Television, and the General Administration of Press and Publication. However, it is in charge of stipulating laws and regulations of the manufacturing industry of electronic and IT products, the communications industry and the software industry (2.), and to handle other matters entrusted by the State Council (16.).

Zhou’s and Wei’s case is not about contents, but about legality: they believe that the ministry’s notice of prior installation of internet filtering software on computers of June 9 violates several laws, among them the anti-monopoly law. All in all, their analysis spells out five legal obstacles for the software.

One is that the plan violates the Anti Unfair Competition Law. Zhou and Wei refer to its article 7:

The government and its organ shall not abuse its authority to force the others to purchase the commodities from the pointed seller or prohibit the fair competition from the others. The government and its organ shall not abuse its authority to prohibit outside commodities from going into home market, or prohibit domestic commodities from going to outside market.

The Ministry of Industry and Information Technology requires manufacturers of personal computers to install the Green Dam software before the pc’s leave their factories. According to their analysis, there are only two licensors for the software: Zhengzhou Jinhui Computer Systems Engineering Co Ltd  (郑州金惠计算机系统工程有限公司) and Beijing Da Zheng Language and Knowledge Handling Technology Co Ltd (北京大正语言知识处理科技有限公司). While the state pledges to pay the license fees during the first year, there is no information as to who will pay the fees for the following years. If it is the consumer who pays, it could constitute a violation of article 7, write Zhou and Wei.

Another obstacle is that the ministry’s note violates several Anti-Monopoly Law articles.

Article 8: No administrative organ or organization empowered by a law or administrative regulation to administer public affairs may abuse its administrative powers to eliminate or restrict competition.

Article 32: Any administrative organ or organization empowered by a law or administrative regulation to administer public affairs may not abuse its administrative power, restrict or restrict in a disguised form entities and individuals to operate, purchase or use the commodities provided by business operators designated by it.

Article 37: Any administrative organ may not abuse its administrative power to set down such provisions in respect of eliminating or restricting competition.

Zhou and Wei argue that other softwares than of the two companies chosen by the ministry can offer similar functions as Green Dam – this would even include Microsoft Vista.

Their analysis also refers to the Product Quality Law. The state stipulates certain quality standards, which do not include Green Dam software. There was no legal base to enforce features outside the product quality law.

Then there is the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests.

Article 9: Consumers shall enjoy the right of free choice of commodities services.
Consumers shall have the right to make a free choice of business operats f supply of commodities services, freely among varieties of articles fms of services and decide independently to buy not to buy any kind of commodities, to accept not to accept any item of services.
Consumers shall have the right to make comparisons, differentiations and ions when they make a free choice of commodities services.

As Green Dam software is a product, the consumers have the right to make a free choice of commodities or services, i.e. similar software from other manufacturers than those of Green Dam.

And the procedure also is against the General Principles of Civil Law, and the principles of Contract Law. Article 3 of the General principles of Civil Law states that “Parties to a civil activity shall have equal status”, while Contract Law’s article 3 stipulates that “The parties to contract shall have equal legal status. No party may impose its will on the other party”.

Zhou and Wei also object to the term “bad information” (不良信息), which isn’t specific.

The filter software is “anti-porn”, says Xinhua. Maybe the Chinese government decided that in the current phase of social development, this latest censorship step needed a particularly subtle approach.

But Xinhua, I must say that you are treading a fine line here.

Everyday Propaganda: How Green was our Internet

Links within blockquotes added during translation – JR.

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1) Nanchang (Jiangxi Province), September 2012

Nanchang News Net / Nanchang Evening Post (南昌新闻网-南昌晚报) —

From September 10 to 16, Nanchang holds its third minors protection propaganda week. Recently, this reporter has learned that to do a good job at the work for the propaganda week, the city minors’ protection committee office started the 2012 minors’ protection propaganda week activities to further increase attention within all society for a good environment centering on the protection of minors.

9月10日至16日，是南昌第三个未成年人保护宣传周。近日，记者获悉，为切实做好今年未成年人保护宣传工作，在全社会进一步营造关心、重视未成年人保护的良好氛围，市未成年人保护委员会办公室启动2012年未成年人保护宣传周系列活动。

Reportedly, the propaganda week activities’ theme is “care about minors, and build a wonderful tomorrow together”.

During the activities, Nanchang will focus on the launch of a minors protection law, and educational activities with Jiangxi Province’s minors protection regulations as the major theme, propaganda aimed particularly at minors’ parents and elementary and middle school teachers, to improve entire society’s awareness of responsibility and participation.

据悉，宣传活动周主题为“关注未成年人，共筑美好明天”。活动期间，南昌将集中开展未成年人保护法、江西省未成年人保护条例等主题宣传教育活动，面向社会公众，特别是未成年人父母和中小学教师，就未成年人保护问题，举办形式多样的法制宣传教育活动，提高全社会的责任意识和参与意识。

Reportedly, Nanchang will, during the propaganda week, make full use of newspapers, websites, and its official microblog channel[s] [this may also simply refer to the Sina Weibo microblog], explore the use of cartoons, videos, public-service advertising and oher new methods, carry out audio-visual theme propaganda through various channels concerning the concepts of minors’ protection, the safeguarding of their legal rights, case studies, related legal responsibilities etc., [...], actively create a good environment, and promote the healthy adolescence of minors.

据悉，在宣传周期间，南昌将充分利用广播、电视、报刊、手机报，以及网站、官方微博等宣传阵地，探索运用动漫、视频、公益广告等新方式，多渠道对未成年人保护理念、合法权益保障方法、典型案例、相关法律责任等内容进行直观、实在的主题宣传，扩大未成年人保护宣传教育覆盖面，积极营造良好氛围，促进未成年人健康成长。

Also, using the Youth League’s Nanchang 12355 official Sina Weibo channel as an internet platform to announce all activities during the minors’ protection propaganda week, to concentrate the announcements and to broaden the range of coverage.

此外，市未成年人保护委员会将以共青团南昌市12355官方微博为网络宣传平台，对未成年人保护宣传周期间各项活动，进行集中发布，扩大活动覆盖面。

This reporter learned that during the propaganda week, Nanchang will organize all industries’ grassroot “juvenile rights protection guards and 12355 juvenile service counters with volunteering experts, rights and interests messengers, etc., combine all responsibilities, to enter the streets, communities, schools, villages etc., launch special protection [issues'] service counters and activities, promote more grassroot party and government department, companies and all kinds of social service structures’ participation in the juvenile rights protection guards’ activities, to protect minors’ legal rights from a multitude of perspectives. [Following line inverse font, as my translation may be incorrect] In particular concerning idle juveniles and village liaison groups shall continuously strengthen legal-system propaganda and the protection of rights.

记者了解到，在宣传周期间，南昌将组织各行业系统基层优秀“青少年维权岗”及12355青少年服务台专家志愿者、权益使者等，结合各自职责，深入到街道、社区、学校、农村等地未成年人当中，开展专题维权服务活动，推动更多的基层党政部门、企事业单位、各类社会服务机构参与青少年维权岗创建活动，多角度维护未成年人合法权益。特别是针对闲散青少年和农村留守未成年人群体，将不断加强法制宣传、权益维护。

Besides, during the activities, Nanchang will also combine educational and other strengthening training aimed at [handling] injuries which typically occur to minors, how to react to all kinds of complicated situations, and launch natural-disaster and accident-situation avoidance/escapes, self- and mutual aid, and self-defense, so as to improve juveniles’ abilities to protect themselves.

此外，活动期间，南昌还将结合未成年人的年龄特点和容易出现的意外伤害，有针对性地组织和教育未成年人如何应对各种各样的复杂情况，开展面临自然灾害、意外情况时的避险逃生和自救互救，受侵害时的自我保护等方面比较系统的强化训练，切实提高青少年自我保护能力。

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Tianjin, 2007

From Tianjin Juvenile Service Online‘s “About Us” on Enorth:

To thoroughly implement the document “On Several Issues about Further Intensifying the Ideological and Ethical Improvement among Minors formulated and published by the Central Committee of the CPC and the State Council of China” [literally, the document refers to itself as "several ideas" or "opinions" (若干意见) concerning those "several issues"], to actively answer to the CCP Central Committee’s and the [Tianjin] Municipal Committee‘s calls for a “civilized creation of the web” and a “civilized use of the web”, to build a positive, uplifting, healthy and civilized internet environment, Tianjin Spiritual Civilized Building Committee’s office entrusts North Net [i. e. Enorth] to operate Tianjin Municipality’s minors’ service.

为深入贯彻落实 《中共中央、国务院关于进一步加强和改进未成年人思想道德建设的若干意见》，积极响应中央和市委提出的“ 文明办网、文明上网”的号召，构建面向未成年人的积极向上、健康文明的网络环境，天津市精神文明建设委员会办公室依托北方网，开办了天津市未成年人服务网。

The internet centers on the objective of educating, guiding, and serving minors. By the principle of serving every community, every school, every household and every child, with a function to provide an information channel and garden to grow up, for expert advice, to enable talents to give full play to their talents, exchange and interaction, maintaining publicly beneficial principles, in accordance with minors’ characteristics, needs, interests and hobbies, to provide them with an adequate “green”^*) internet. A new platform shall be created, a new space through [this] internet implementation, to further mobilize societal forces’ participation, to promote social integration of resources, to shape all kinds of concerted efforts, to turn it into a new channel of minors’ ideological and ethical establishment.

网络围绕 教育、引导、服务未成年人这一宗旨，以服务每一个社区、服务每一个学校、服务每一个家庭、服务每一个孩子为服务理念，以信息提供渠道、专家咨询窗口、展示才华舞台、交流互动桥梁、健康成长乐园为功能定位，坚持公益性原则，根据未成年人的身心特点、成长需求和兴趣爱好，为他们量身打造适合于自己的“绿色”网络。通过网络的实施，进一步动员社会力量参与，促进社会资源整合，形成社会各方合力，使之成为我市加强未成年人思想道德建设的新途径，满足未成年人精神文化生活需求的新空间，实现 学校教育、家庭教育、社会教育三方互动的新平台。

Tianjin Juvenile Service Online has, by the Municipal Committee’s and the Civilization Committee’s Civilization Guidance Committee, been determined as the entire municipality’s minors’ ideological and ethical establishment’s major project.
The Municipal Committee, the municipal government, and all departments in charge attach great importance to it. The Municipal Committee’S sECRETARY zhang Gaoli, the Municipal Committee Deputy Secretary, City Mayor Dai Xianglong wrote congratulatory messages on the opening of the website. In the process of establishing the website, the Municipal Committee’s Education and Health Work Committee the municipal education committee, culture office, [...], the municipal womens’ federation, work committees et al gave vigorous support, and persons from all walks of life actively joined the establishment of the website, creating a good atmosphere by a spirit of a shared homeland.

天津市未成年人服务网是市委和市文明委确定的2007年全市未成年人思想道德建设的一项重点工程。市委、市政府及各有关部门领导高度重视。市委书记张高 丽，市委副书记、市长戴相龙为网站开通题写贺辞。在网站的建设过程中，市委教卫工委、市教委、市文化局、团市委、市妇联、市关工委等有关单位给予了大力支 持，社会各界人士积极投身网站建设之中，营造了共建共享精神家园的良好氛围。

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Note

^*) Green was, among others, the “color” of Green Dam, a censoring software that was once meant to come manditorily with every computer sold in China, “to protect children” surfing the internet. It met with a lot of public resistance, and seems to have been scrapped for good in 2010. “Green” Propaganda, of course, stays around.

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Related

» Patriotic Education in HK, July 30, 2012
» Open House, May 25, 2012
» Chinese Characteristics, CMP, Aug 8, 2007

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Welcome, Trade War

China’s monetary policy was to blame for most of the current global imbalances, Germany’s weekly Die Zeit writes. In exceptional situations, tariffs and trade barriers are warranted, the author adds.

Meantime, U.S. software developer Cybersitter is suing China’s Green Dam producers for alleged piracy. America and China are in a brawl about tariffs on tires and steel pipes.
And for less economical, but rather patriotic reasons, Chinese Vice Admiral Yang Yi (杨毅) recommends defensive countermeasures against U.S. companies which sold weapons to Taiwan, but also wanted to sell aircraft and other goods to China.

James S. Chanos questions the idea that China’s economy could drag the rest of the world out of the economic recession, in the wake of the global financial crisis. Chanos warns that China’s hyperstimulated economy is headed for a crash, rather than the sustained boom that most economists predict.

The argumentative circle closes with a recommendation by the a/m Die Zeit article: the exporting industry was immensely powerful, it writes – another good reason to become less dependent on exports.

Nothing (OK, only some news) is as good or bad as first reported. China’s monetary policy is objectionable and must be addressed – but that will hardly lead to a remarkable rebalance of global im- and exports. Chanos’ remarks carry more weight – but only starry-eyed ruminants of the CCP’s propaganda would expect something better than a rather bumpy ride there. Far-sighted investors don’t go to China for a quick buck. They either go there with a realistic strategy, or they stay away. Or they aren’t far-sighted.

To me, vice admiral Yang Yi’s point for a trade war actually make more sense then all other arguments. We need to reduce our dependence on exports to China for political reasons. When top military officials like Luo Yuan (罗援) make European opportunism a cornerstone in their Taiwan “reunification” policies, this indicates a strong moral imbalance which we need to tackle.

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Update / Related:
“Everyone wants to talk about Currencies”, M. Pettis, January 9, 2010

Net Nanny: Yes You Can (Stop Farting)

Fen Qing: can't stop farting

Net Nanny: No unhealthy stuff

Dear Nanny,

whenever I get into the society of civilized people, even if only online, I start farting uncontrolledly. What can I do?

Submissively devoted to the way of becoming a civilized patriot:

– Fen Qing

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Fen Qing,

getting rid of your bad habits is actually not complicated. It only takes some routine, and a few decisions.

Step One:
Go to mylaowai.com – but only ONE MORE TIME -, print his Book of Helpful Help, and start implementing six out of those ten rules in your life (with the exceptions of no’s six, eight, nine, and ten, which are utterly unhealthy bullshit). Then, if you are patient, you will meet and get that girl. She won’t be great, but she’ll be good enough for you.

Step Two:
Never read foreign blogs again afterwards. You will never stop farting in civilized peoples’ company anyway. Not even online. Install Green Dam on your computer and don’t try to cheat. If you are abroad, return to your motherland a.s.a.p.. You’ll never stop farting abroad.

Step Three:
Limit your time online to ninety minutes a day. Otherwise, you will receive re-education on your return to the motherland.

– Net Nanny