

If the U.S. government wants to make Chinese human rights a priority, it could pass a law tomorrow prohibiting American companies from helping the Chinese government trample on the free speech of its citizens. Such a law wouldn’t hurt the competitiveness of these companies because they’re preeminent in the world. If China wants to be part of the Internet age it has no choice but to allow in Cisco, Microsoft, Google, Yahoo, and other American firms – who could then tell the Chinese government they’re required by American law to respect the free speech of Chinese citizens. Otherwise, no deal.
Besides, given the pressures on these companies to maximize profits, this sort of law is the only way to stop Cisco, Microsoft, Google, and Yahoo from being enablers. And it’s the only way to get the attention of the Chinese authorities.This is one of those things that is said to "hurt the feelings of the Chinese nation and its people." The assumption is that the Chinese would not have a clue what to do without Cisco, Microsoft, Google and Yahoo and the Chinese Internet age will come to an immediate end without these great American companies. Therefore, the Chinese government will get down on their knees to beg the companies and accept the terms that these companies will dictate to them in accordance with the new American law.
This is SO WRONG, because there are indigenous Chinese market leaders such as Huawei, Bokee, Netease, Sina.com, Sohu.com, Baidu, Sogou, etc. China can choose to say no to this American law (and it will win the hearts of minds of the "angry young people" wing of the Chinese Internet while even the "rational reformist" wing will have to shut up), while those indigenous Chinese companies will be delighted not to have foreign competition.
Cisco, Microsoft, Google and Yahoo have little or no leverage because they are inessential and/or inconsequential in their respective markets. The leverage will come only after they grab a significant market share and/or become indispensable. For example, if MSN Spaces registers 20 million Chinese blogs, then it can dare the Chinese government to shut down the whole service and face the wrath of the Chinese bloggers. But if they are just blog-city.com and they only have several thousand users, then who gives a damn if they are shut down.


In the first place, Google's claim that "PageRank relies on the uniquely democratic nature of the web" must be seen for what it is, which is pure hype. In a democracy, every person has one vote. In PageRank, rich people get more votes than poor people, or, in web terms, pages with higher PageRank have their votes weighted more than the votes from lower pages. As Google explains, "Votes cast by pages that are themselves 'important' weigh more heavily and help to make other pages 'important.'" In other words, the rich get richer, and the poor hardly count at all. This is not "uniquely democratic," but rather it's uniquely tyrannical. It's corporate America's dream machine, a search engine where big business can crush the little guy. ...
Secondly, only big guys can have big databases. If your site has an average PageRank, don't even bother making your database available to Google's crawlers, because they most likely won't crawl all of it. This is important for any site that has more than a few thousand pages, and a home page of about five or less on the toolbar's crude scale.
Thirdly, in order for Google to access the links to crawl a deep site of thousands of pages, a hierarchical system of doorway pages is needed so that crawler can start at the top and work its way down. A single site with thousands of pages typically has all external links coming into the home page, and few or none coming into deep pages. The home page PageRank therefore gets distributed to the deep pages by virtue of the hierarchical internal linking structure. But by the time the crawler gets to the real "meat" at the bottom of the tree, these pages frequently end up with a PageRank of zero. This zero is devastating for the ranking of that page, even assuming that Google's crawler gets to it, and it ends up in the index, and it has excellent on-page characteristics. The bottom line is that only big, popular sites can put their databases on the web and expect Google to cover their data adequately. And that's true even for websites that had their data on the web long before Google started up in 1999.Is this another reason to hate Google? The alternative may be to retrieve every page that contains the keywords and present them randomly. That would be 'democratically' fair to the pages (as in equal opportunity), but will the users be satisfied? I think that one can fairly assume that such a 'democratic' search engine would be rejected by the users after a short trial period.
And then there is the question about the class struggle. Could it be that the rich got rich by doing the right things all along? Or because they were big, fat capitalist pigs who managed to buy Google's help?
P.S. The recent EastSouthWestNorth post titled There Was A Man Named Liu Binyan is also Number 5 for the person of that name, after TIME magazine, Human Rights Watch, New York Review of Books and Radio Free Asia. If you are looking for a "steamed bun," the EastSouthWestNorth post titled The Steamed Bun Lawsuit is number 2; the post The Case of Zhang Dejiang is number 2 for Zhang Dejiang; the post The Wangfu Ping Essay in Caijing is number 1 for the Wangfu Ping; etc. Those were the prominent posts in the month of February.


Addendum: It would be remiss for me not to give you some flavor of the several tens of thousands of BBS comments on these photos. The following is translated from some Tianya Club comments selected by the KonG 空 blog.
A vibrant system is more important!
The previous attempts to inflate the quality of the leaders reeked of feudalism and were quite useless.
There are all sorts of officials out there, some are good in some ways and others are of terrible quality.
The most reliable thing is an effective system.I believe that this was stage clothing.
I think so.
Someone also said that this was a "bullet-proof vest." That is possible too!Just because the clothes were worn for several years does not solve any problems.
It is the payment of the back wages of the migrant workers, elimination of the agricultural taxes, the gradually elimination of the miscellaneous fees for elementary school (already in place in the western regions) and so on that made me respect the current generation of leaders. At least, they paid attention to those socially vulnerable groups and thought about doing some concrete things for them.
We should not ignore these leaders' efforts due to some other unresolved problems. At least, they are doing something for the people.
don't know what the "angry" people have in mind. Are you perfect? Can you be a perfect person overnight?Certain people say that the country is corrupt and the government is corrupt. Were they never corrupt in their entire lives? If they should ever ascend to Premier Wen's position some day, would they dare to take out their ten-year-old jacket to wear? Should they go and check how important Premier Wen has valued the common people since assuming the post?
I don't understand these people. We the Chinese people finally got such a good Premier, but they won't support and they don't care about him. Are we supposed to attack him instead? Are we tell him that you are the Premier and you represent China, and so you must not wear old, beaten-up clothes because it damages the reputation of China? It is really difficult to be China's Premier."If you step back for a moment, you will realize that something is missing in these voices. It is possible at this point to get on a BBS forum and accuse Premier Wen of cynically putting on a stage show. Enough people are doing that and none of them is likely to be arrested in the middle of the night. This is just standard BBS behavior now. It may be that the Central Publicity Department will eventually ban the topic, but the commentators will simply move on to the next topic.
The counter-arguments in the debate are not given in officialese. Nobody ever talks about how the brilliant and courageous Premier Wen is the representative of the glorious Party and therefore must never ever be impugned or insulted. Today, that kind of talk is no longer acceptable, because it is unpersuasive in a discursive environment. If there are undercover Chinese police commentators at these BBS forums, their messages would have to be more subtle and nuanced. In fact, they probably don't have to do anything because the two largest camps are the "angry young people" and the "rational reformists," and the latter is an effective check-and-balance entity right now.
The Guangdong police indicated that they will concentrate this year on the problem of internal and external hostile forces interfering with "defending rights." According to the report from the Guangdong province public security bureau, hostile forces have politicized the issues of economic rights of urban consumers and rural farmers in recent years, and used individual incidents to stir up opinions and incited people who didn't understand the truth to cause trouble. There had been multiple serious mass incidents which posed a serious threat to the construction of a harmonious and stable society in Guangdong. The report indicated that the many serious mass disturbances last year in Guangdong were related with disputes over rights.
According to the report from the Guangdong police, there were 498,000 criminal cases last year, which was 3.3% fewer than the year before. The police solved 186,000 cases. But the number of mass incidents increased largely. The provincial public security bureau used firm measures under these special circumstances to defeat the infiltration of overseas hostile forces including Falun Gong, terrorist activities, Internet criminals and others in many cases. This year, apart from concentrating fighting the internal and external hostile forces interfering in defending rights, the Guangdong police will increase their fight against terrorism, to develop anti-terrorist response, system and professional forces.

You’re so vain, you probably think this song is about you
You’re so vain, I’ll bet you think this song is about you
Don’t you? don’t you?



There are many unanswered questions, beginning with why Pang's body remained undiscovered for so long - the last time she was seen was July 1995. In about August 1995 neighbors complained of a smell they described as "dead rats," [coroner's officer Dee] Crebbin said.
Also, why, in October 1999 when Fang and a locksmith entered the Waterloo Road apartment to close bathroom and bedroom windows that had caused water leakage into the flat below both said they never saw Pang's uncovered skeleton nor her skull in a waste basket on the floor beside the bed in the 300-square-foot flat. "Mr Fang said he had to step over some things to reach the [bedroom] window and did not look at what they were," Crebbin said.
The next day he sent a man named Yeung Kwai-choi, who also knew Pang, to clean up the flat which was "in a terrible mess. Extremely untidy, dirty full of dust and cobwebs," Crebbin said. It was Yeung who saw the skeleton and called police after he notified Fang.
(Apple Daily illustration)
The 'mystery' is this: When a person dies, she does not pick up her own head and put it in a waste basket. That was why it defied commonsense for the police to have closed the case previously because there was nothing "suspicious." Of course, the trail is cold by now and nothing can be done barring some new breakthrough evidence.
So what is the purpose of this inquest? The court probably has the best of intentions in trying to satisfy the Pang family's desire for an explanation, but the press is going for sensationalism and scoring political points. The headline in the South China Morning Post was: "I was told Anson Chan's family linked to underworld, court hears." There you have the money quote: "Anson Chan's family involves both the authorities and the underworld." It sounded better in Chinese (via Ming Pao): 「你知不知道陳方安生家族一邊黑一邊白﹖」 The Sun even put the "Half Black/Half White" quote onto the front page, while Oriental Daily, Sing Pao and Sing Tao went with the three abortions that John Fang allegedly forced Annie Pang to have. Please be mindful that this is all hearsay testimony and the inquest is not about probing the black/white connections of Anson Chan. Here is an eyewitness account of the court proceedings: "The coroner told the jury to ignore that testimony as it was clearly hearsay, involved anonymous/unknown 'sources' and ridiculously vague. It was also quite brief; more so as he cut it off." But it made the front page in The Sun.
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Apple Daily preferred to have the story about the death of Anson Chan's mother.

The dissemination of The Steamed Bun was made possible by the Internet. It was a no-brainer for forum masters, who didn't need more than a second to approve the post. Soon, the hits were occurring faster than a chicken pecking at food on the ground. The traditional media did even better, and soon opinion pieces such as: "Brother, you hold on in there. If you go bankrupt, we will raise money for you" are everywhere across the country. On Phoenix TV, the beautiful program hostess raved about the video, as if telling the audience: "Look! I can talk about this freely, like a little bird flying in the air." Then there are the dozens of lawyers who fight to become Hu Ge's defense lawyer. Thus, a huge entertainment show is about to begin, in which both sides seemed righteous. At this moment, in the eyes of the numerous participants, other more urgent things that require attention have all turned into freezing points (emphasis added). (此时此刻,在成千上万的参演者眼中,再现实再紧迫再需要关注的事,都凝固成了冰点。)
Yes, we all know. There are restrictions on what you can talk about in China, but you do everything to act innocent and slip in whatever you can ... like Freezing Point ... did you think that it came out of nowhere?


A news channel owned by the Eastern Multimedia Group won its war with the Government Information Office after the Cabinet's Commission of Administrative Appeals ruled in favor of an appeal filed by the channel to reinstate its license, which was revoked by the GIO last year. ... The commission said it had failed to find evidence that the group was running in the red or failed to meet other requirements set by the government.
... Chang Shu-sen, an ETTV-S executive said his company will consult with its lawyers before deciding whether to seek national compensation for the GIO's decision, a move which has incurred heavy losses for the channel.
Long Shong Group, whose cable movie outlet was also shut down last August, has decided to seek NT$1.8 billion in compensation from the government. The group has been showing its movies on a different channel under different licenses since the Long Shong channel was closed.
National compensation can be asked when a public servant violated citizen rights either deliberately or mistakenly during the discharge of his/her public duties. The public servant may also have personal liability if his actions were not permitted under the law and administrative regulations.
In the case of ETTV-S, the most readily identifiable public servant is the former GIO Minister Pasuya Yao. Here is the instant Apple Daily poll: When the reinstated television channels ask for national compensation, should the government ask Pasuya Yao for compensation money? Yes: 63.8%; No: 20.6%; Don't now/no opinion: 15.7%. In practice, showing personal liability would be impossible since this was not a personal decision by Pasuya Yao alone, as any number of government bureaucrats and commissions were involved in the process too. The poll reflects public perception, though.


Under the proposed US legislation (via InMediaHK):
Any United States business that maintains an Internet content hosting service may not provide to any foreign official of an Internet-restricting country information that personally identifies a particular user of such content hosting service, except for legitimate foreign law enforcement purposes as determined by the Department of Justice.
So let say Mr. Chen leaves a Yahoo.com email address for contact. When the Hong Kong police gets the tip, they go to Yahoo. Yahoo says that they will have to go to the US Department of Justice for approval. How long will the delay be? How many Chinese-language/Chinese law experts does the US Department of Justice intend to hire to process the requests that will come from a country with 110 million Internet users? Just remember that all it takes is one single case in which the decision was delayed or the wrong decision was made (i.e. the "flash rape gang" had the time to form and go into operation) before this whole extra-territorial policing system collapses in ignominy. Can the victims sue the US government (and Yahoo)?
The official China Youth Daily decided on Thursday to revive a provocative weekly section closed by censors last month, but shunted aside the two editors who made it a standard-bearer for combative journalism. Communist Party officials in charge of the newspaper, the mouthpiece of the party's youth wing, bowed to an outcry and decided to resume publishing the weekly Freezing Point section from March 1, the weekly's editor Li Datong said by telephone.
But Li and Lu Yuegang, a famed investigative reporter, will be removed as editor and deputy editor respectively of the weekly and shunted to the newspaper's news research office, Li said. 'This exterminates the soul of Freezing Point, leaving an empty shell,' Li told Reuters. Lu also said he was 'extremely disappointed' before his telephone was abruptly cut off.
The first edition of the new Freezing Point will publish an essay attacking Yuan, Li said. 'The editors and journalists aren't happy about it, and if they don't agree to it, the Freezing Points may not be resumed,' he said.
... Li, the editor, said he believed propaganda officials chose the historian Yuan's essay as an excuse to act, because its criticism of nationalism jarred with many ardently patriotic young Chinese and provoked condemnation on the internet. 'They waited for the right excuse at the right moment, but they've wanted to close us for a long time', he said
I was perhaps ambiguous in Comment 200602#039 about what the 'old comrades' were thinking. Based upon that anecdotal story, I believe it has little or nothing to do with the pretext over the Yuan Weishi story. Rather, for more than a decade, Freezing Point had been a source of information for directing their attention to where the government/party might have failed in spite of their best intentions. If Chairman Mao was assessed with a grade of 60%/40%, Freezing Point probably rated as 95%/5% and a single essay did not merit the total banishment of an important pipeline to the people. I believe that this was the reason why the elders took the astonishing step of publishing an open letter to express their outrage.
Anyway, I will make this prediction here. May God help the person who gets the assignment to pen the article attacking Yuan!!! He (or she) and his (or her) essay will be ripped to shreds on the Internet (unless the Central Publicity Department intervenes by banning all discussion of said essay)!!!
As for Li Datong and Lu Yuegang being assigned to the news research office, they have done that before (see Li Datong In 1989). The only question is how quickly they will return for their next assignment.
P.S. (Ming Pao) Li Datong: "It does not matter what they say or how they arrange things. My view is that Freezing Point is fact dead (不管他們作什麼姿態、怎麼安排,我的看法是,冰點事實上已經死亡了。)."



"These companies tell us they will change China. But China has already changed them." This is not a good day to listen to the high-and-mighty speeches from Representatives Chris Smith and Tom Lantos. The much bigger story on this day is how the Australian television channel SBS has broken through more than 20 months of collective silence by the US government and its media to present more photographs and videos from the Abu Ghraib prison in Iraq (see this updated post (WARNING: EXTREMELY DISTURBING). Everything said on this day at the Congressional hearings on Chinese Internet censorship can be turned around against the US government in the case of the Abu Ghraib photos/videos -- the US government (and the subservient media) thought that certain information needed to be suppressed for the greater good, based upon their own judgment. Now isn't that sad? I promise that I won't drone on this point again in the rest of this comment, because it has nothing to do with it.
China censorship: Google's defense Statement #1 from Google: "We have recently launched Google.cn, a version of Google’s search engine that we will filter in response to Chinese laws and regulations on illegal content. This website will supplement, and not replace, the existing, unfiltered Chinese-language interface Google.com. That website will remain open and unfiltered for Chinese-speaking users worldwide." If they really have a deal or unwritten understanding with the Chinese government, then who cares?
China censorship: Yahoo! defends itself Here are some excerpts from written testimony by Michael Callahan, Senior VP and General Counsel:
Regarding the Shi Tao case, he repeated a lot of Yahoo!’s recent statements about the need to follow local laws. Then:
“Let me take this opportunity to correct inaccurate reports that Yahoo! Hong Kong gave information to the Chinese government. This is absolutely untrue. Yahoo! Hong Kong was not involved in any disclosure of information about Mr. Shi to the Chinese government. In this case, the Chinese government ordered Yahoo! China to provide user information, and Yahoo! China complied with Chinese law. To be clear — Yahoo! China and Yahoo! Hong Kong have always operated independently of one another. There was not then, nor is there today, any exchange of user information between Yahoo! Hong Kong and Yahoo! China.”
That is something that I have learned from multiple sources, none of which are publishable by me because they were hearsay. Upon information and belief, Yahoo! Hong Kong does not have the technical capability of retrieving any user information even if they wanted to. That information had to have come from Yahoo! China. It is a mystery as to why the legal documents in the cases of Shi Tao and Li Zhi would refer to Yahoo! Hong Kong Holding Company.
There is still something that I truly don't get -- people believed that if a US law were enacted to required Yahoo! to store its emails outside of China, then there would be no need to comply with any warrants. I can understand this if the company is the U.S. company Yahoo.com. But if the company is Yahoo.com.cn and it is registered at a Beijing address with a named responsible person, how can they turn away a legal warrant from the Chinese government? Who cares where your server is located? If you are a New York City bank, can you turn away a New York City police warrant for information on a customer because your servers are located in New Jersey (or Jamaica)?
As for the rest of the Yahoo! PR statement, I have no idea what they are talking about. It is content-free, as far as I am concerned.
China censorship: Microsoft's defense First of all, Michael Anti has been read into the US Congressional records. Hurray! Skipping over the mea culpa statement in the Anti case and the revised company policies and procedures, here is the most important portion:
When pressed on this point, most observers would no doubt concede that there are circumstances—such as instances of kidnapping, child abuse, or cyber-attack—when the apprehension of serious criminals justifies cooperation with law enforcement authorities even in authoritarian societies—so long as law enforcement is not used as a pretext for political repression. Yet in practice, when companies face law enforcement requests of this kind, there is little room to question the motivations and/or second-guess the judgments made by officials in these cases.
In the end, the issue comes back to a difficult judgment of the risks and benefits of these powerful technologies, not just in China, but in a wide range of societies where cultural and political values may clash with standards of openness and free expression.
Microsoft cannot substitute itself for national authorities in making the ultimate decisions on such issues.This is exactly my position all along. You can condemn these companies for all you want, but in the end there has to be a practical and workable solution for them. Rejecting every single Chinese government warrant is NOT the answer, because you are in fact aiding and abetting real criminals most of the time. I personally do not see how this can be done. The change will eventually have to come from inside China about the law.
Chinese censorship: Cisco responds From Mark Chandler: "Cisco does not customize, or develop specialized or unique filtering capabilities, in order to enable different regimes to block access to information; Cisco sells the same equipment in China as it sells worldwide; Cisco is not a service or content provider, or network manager; Cisco has no access to information about individual users of the Internet."
Do you believe that Cisco ought to start investigating each of its hundreds of thousands of customers just exactly how they are using the Cisco routers? Maybe they can start with my New York City office: Boxun, ObserveChina and New Century Net are blocked because they are "hate" sites? Should Cisco butt in and object, as if they have any idea what Boxun, ObserveChina or New Century Net are?

One day, I received a telephone call. The voice seemed steady and it was a middle-aged man. "I am the secretary of an old comrade. This old comrade read the report on Fifth Uncle and Fifth Aunt. He felt badly and said that we have not done our work. I have sent 2,000 yuan over. Please make sure that you forward it to them." I asked him if he could tell me the name of the old comrade. He said, "I cannot say." I understood. According to custom, this is a "revolutionary"-class leader in the central government.
The old comrades are naming themselves now.
In another development, Li Datong had previously filed a complaint against the Central Publicity Department in the matter of the shutdown of Freezing Point (see Comment #200602019). Procedurally, in accordance with the party regulations, this is a three-step process. Li Datong hands his complaint to the party organization in China Youth Daily, which hands the document to the China Youth League central party organization, which hands the document to the Communist Party Central Disciplinary Committee. Ming Pao is reporting that the China Youth League central party organization has declined to forward the complaint to the next level, and Li Datong has confirmed this to be the case. The word is that the China Youth League central party organization has instructed China Youth Daily to re-launch Freezing Point, but will Li Datong be around for the new and 'rectified' version?
America Online Latin America Inc., an Internet service provider partly owned by Time Warner Inc., said it may file for bankruptcy protection because it doesn't have enough cash to pay its debt and fund its business beyond September. AOL Latin America is not looking more money "because we believe that any efforts to obtain financing would be futile based on past experience," the company said in a filing with the Securities and Exchange Commission.
The company also said it won't be able to obtain additional financing from New York-based Time Warner Inc., Venezuela's Cisneros Group of Cos., Brazil's Banco Itau SA "or any other source." AOL Latin America also said Tuesday that its stock has no value. Even if the company manages to sell part of its businesses, none of the proceeds will be available to shareholders, it said in the filing.
How did they end up that way? Because they were outsiders who totally did not understand local consumer needs. The American model, which was failing even in the USA, meant nothing to the locals. They never got any traction and they just burned through US$900 million (or some other absurd amount) in the process without a clue.
With that in mind, let us look at the AOL.com in Chinese. The key content area appears to be the online videos. On this day, the featured videos were the CCTV Spring Festival show and a television drama series (蝶舞天涯). With due respect, this stuff is DOA (Dead On Arrival) inside China. This is old stuff and nobody wants to see it on the Internet. The AOL.com in Chinese service is not going to be commercially viable in China with just an 'uncensored' search engine which can be blocked by the Great China Firewall anytime that the government wants.
P.S. AOL.com in Chinese has the better social and entertainment coverage than mainland Chinese portals because they have Hong Kong and Taiwan news feeds. For example, this is an Apple Daily (Taiwan) story of a 64-year-old mother-in-law in Taichung county catching her 64-year-old husband making love with her daughter-in-law who happened to moaning too loud (很好、很好、很爽、很爽!). With due respect, this is not enough to make this a must-read and best-overall portal for the mainland Chinese.
* Reporters Without Borders - Lucie Morillon, Head, Internet Freedom Desk
* China Information Center - Harry Wu
* Radio Free Asia - Libby Liu, President
* University of California (Berkeley) - Xiao Qiang, Director, China Internet ProjectWhen I saw this list, I thought: "Holy crap!" This is not going to be your fair and balanced points of views (note: I trust Xiao Qiang). But the long and short of it is this: "Please explain how the Chinese Internet users will be substantively better off as a result of your recommendations." This is how I will be reading the transcripts.
I do dread the aftermath. I am sure my telephone will be ringing with requests for interviews because I am someone who does not hold the identical views as the panelists. And the request will begin as follows: "I know that you must be sick of this subject. Just about every Chinese blogger that I have spoken to refuses to deal with what they consider to be a non-existent issue. I have a deadline to meet and I would really appreciate if you can help me out here ..."
[Alternate version] (SCMP, 2/18/2006)
Prosecutor Charlotte Draycott told Fanling Court the prosecution of Mr Yang had been based primarily on his identification by a senior police officer. But when the officer was approached for further investigation, the quality of his evidence was found to be wanting. Police re-examined video footage from the riots and interviewed other witnesses in an attempt to identify Mr Yang, but in vain, said Ms Draycott.
"In consequence, the DPP has concluded that doubts exist in this prosecution case. In particular, it cannot be shown with certainty that Mr Yang did in fact play any particular role in the alleged offence," it said. "Nor can any role he may have played be sufficiently distinguished from that of others arrested at the same time but not, in the event, prosecuted."
Principal Magistrate Andrew Ma Hon-cheung ordered that the charge be dismissed and acquitted Mr Yang.

