Blogs » Politics » China Cops, Data Privacy, and the Latest Crackdown Campaign

Blogs » Politics » China Cops, Data Privacy, and the Latest Crackdown Campaign


China Cops, Data Privacy, and the Latest Crackdown Campaign

Posted: 19 Nov 2012 10:34 PM PST

If you've been in and around China long enough, you'll know that personal data is something that is routinely bought and sold. The most common, and egregious, example of this involves telecom companies and mobile phone numbers. Why does everyone here receive thousands of spam phone calls and texts every year? Because phone numbers are sold to folks for large-scale marketing campaigns.

Why doesn't the government put a stop to all this? Two reasons. First, I don't think we have a consensus yet on what should be private data in this country. Second, while bits and pieces of data privacy rules have found their way into legislation (e.g., financial and consumer data), we do not yet have a comprehensive data privacy legal regime, even though it's been discussed for at least eight years.

In the meantime, we have to be content with what's being done on the margins. One sensitive area concerns data held by the state, including criminal records. This sort of information, collected and held by the Public Security Bureau, is supposed to be private, but as you may know, there is an entire industry out there devoted to obtaining such information on behalf of third parties.

Over the past ten years or so, I have worked on legal projects for three different foreign companies that are in the data business. Most of these kinds of service companies are in the HR sector and provide large companies with information about prospective employees, basically vetting them via background checks prior to their being hired.

Sounds straightforward, but some of the companies that offer information about a Chinese citizen's criminal record are obtaining that information in a dodgy fashion. I won't smear all of them by saying that they are breaking the law and/or paying off cops, but some of them most assuredly are, almost always via a local partner. Speaking of which, the folks who engage in this activity the most, of course, are Chinese domestic security/private investigation firms. Slip a friendly cop a few bucks to run a name through the database, and the information is filtered out to the prospective employer. Easy peasy.

Well, perhaps things are changing on that front:

A traffic police officer in Henan Province was sentenced to six months in detention with a one-year reprieve by a local court for illegally trading 12,441 pieces of personal information, marking the first person convicted in such a case in the province, the Zhengzhou-based Dahe Daily reported Monday.

The Shangcheng County People's Court in the province sentenced the 28-year-old police officer, surnamed Tong, after he earned 61,429.01 yuan ($9,847) from selling the personal information he copied from the public security bureau's internal database. (Global Times)

I'm not surprised that this cop was stealing data and selling it. Happens every day. However, it is almost shocking that he was actually arrested, tried and convicted for the offense. Extraordinarily rare, as the article points out.

But the big news is that this arrest was part of an overall government program to stamp out such data theft by government employees. The usual caveats apply regarding how widespread the enforcement will be, how long it will last, etc., but the campaign does show that someone in the government seems to think this is a significant problem that should be solved.

I call that progress.


© Stan for China Hearsay, 2012. | Permalink | No comment | Add to del.icio.us
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Li Chengpeng: Speak

Posted: 19 Nov 2012 11:17 PM PST

Author and blogger , who has 6.5 million followers on , delivered a powerful speech to students at Beijing University on freedom of speech. Translated by Liz Carter at A Big Enough Forest:

Having lost the ability to speak the , we will tell many lies. What's even more frightening is that in addition to lies we have invented a new kind of speech: ghost-talk. Lies are just meant to deceive others: our village produces 20,000 jin per acre. But ghost-talk is meant to hurt, to consume: all our country's villages must produce 20,000 jin per acre. Anyone who doesn't comply will be killed, no matter what their rank. When speaking the will cost you your life, no one is willing to speak the . When telling a lie was rewarded with promotions and wealth, this country became the Kingdom of Lies. This process continues uninterrupted to this very day, and it hasn't yet reached completion. For example, our railways are the fastest in the world, then accidents happen, or "the Chinese people's restoration is 62% complete," and then we discover more than 62% of officials are corrupt….to give you another example, if you want to speak a little , there will be a group of people who come out of the woodwork and say, "What makes you qualified to say that so many people died during the Great ? Did someone in your family die? Did you see Lin Shao tortured with your own eyes? Were you there at that very moment? If you weren't there, stop spreading rumors." They seem to not believe that there is a such thing as records in this world, or documentaries, or people who have testified to these events. According to their logic, Jews could not have died in gas chambers at the hands of Nazis, because you didn't see it with your own eyes. They can't even prove they are their parents' children, because they didn't see it with their own eyes.

Li has written frequently about the concept of lies and truth-telling in China, notably in relation to natural and manmade disasters such as the collapse of a bridge in Harbin:

…The greatest truth in this place is that we know they are lying, and they know that we know they are lying, and we also know that they actually know that we know that they are lying…so we don't care about the truth anymore, we just care about the way they put on their show of "truth," and only the complete compilation of all of these performances is enough to count as the whole truth.

Read more by and about Li Chengpeng via CDT.


© Sophie Beach for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us
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Chinese Consumers Break Online Sales Record on Bachelors' Day

Posted: 19 Nov 2012 06:05 PM PST

November 11 is Bachelor's Day in mainland China. How do people celebrate this special day? Apparently by spending money online - this year in a record breaking manner.

On November 11, 2012, China's top electronic commerce company Taobao reported sales of 19.1 billion yuan (3.06 billion US dollars) in its 24-hour Double Eleven online shopping festival [zh], which is more than twice of America's entire Cyber Monday sales of USD 1.25 billion in 2011.

Bachelors' Day Sales

Taobao fan 'Poet with tears' (诗人泪xp) shared [zh] his Bachelor's Day's schedule on the Sina Weibo forum:

零点-两点之间淘宝,两点-十点之间睡觉,十点-十二点起床洗漱+吃饭,十二点-两点睡觉,两点-四点打游戏,四点-六点调戏光棍,六点-零点狂欢…. //@镇江校园:你们大学的女生光棍节都忙着干啥呢?织围脖?还是淘宝?还是淘宝?还是淘宝呢?

诗人泪xp:00:00 - 2:00 am shopped at Taobao. 2:00 - 10:00 slept. 10:00 to 12:00 got up, washed face and brush teeth. 12:00 to 14:00 slept again. 14:00 to 16:00 video games. 16:00 to 18:00 joked around with bachelors. 18:00 to 00:00 reveling… //@镇江校园: What do you college girls do on Bachelor's Day? Weibo? Taobao, Taobao, and Taobao?

Taobao's Double Eleven Sales started last year and consumers now know that the company will release big discount items at midnight, that's why users like Poet with tears will get up at midnight to shop. But college girls, who are mostly super Taobao fans, usually shop at Taobao all day long. That's why Poet with tears' question is amusing.

Screen capture of a frozen screen in Taobao Tmall at around midnight.

Screen capture of a frozen screen in Taobao Tmall at around midnight.

Poet with tears could be one of 10 million people who rushed into Tmall [zh], the retail arm of Taobao, in the first minute of the event. In only half an hour, sales had hit USD 100 million.

The unexpected amount of transactions overloaded the payment system and people found their screens froze. They then got very anxious when they had to keep refreshing the frozen screens, as discussed in a thread [zh] from a Xiaoshan local forum:

90后辣妈:关键时间掉链子就有点让你苦逼了。
荣二十佑三:页面都刷不出,十分钟就两亿五千万的成交额,真不是一般的强。
哭泣的依恋:偶再也不相信什么双11活动了"`

@90后辣妈: The crashing is really annoying at this moment.
@荣二十佑三: I can not even get to my page. 250 million yuan (USD 40 million) in ten minutes, that's awesome.
@哭泣的依恋: I don't believe in Double Eleven anymore…

Not only consumers are affected, sellers were under network traffic pressure, too. One seller, Mo Zi Kun (墨子坤), said [zh] on Sina Weibo:

…从昨晚凌晨的秒杀开始,就状况频发,先是支付宝堵塞,后是淘宝系统崩溃,然后准备的450件的秒杀,最后被拍了600件衣服!我以为只要大家高兴就好,没想到却被很多朋友骂的很惨,还去淘宝投诉了我们2次。

…things started to get wrong since the midnight seckilling [see below] event. Alipay [zh] [Chinese version of Paypal] was jammed then Taobao crashed. The 450 advertised seckilling items received 600 orders! I just wanted to make people happy but was harshly critized. They reported two complaints to Taobao

As a result of the payment system's downtime, Mo Zi Kun did not have enough stock to satisfy customers' need and had to refund their payment. If he received too many complaints, he would lose his trust credit and it may result in the suspension of his seller account by the online platform.

Online retail tactics

Seckilling is a term from video games, while in the online shopping world it vividly describes fighting among buyers: you win or lose all in a matter of seconds. One click and the deals are gone. Sellers advertise seckilling to attract page views and visits.

For example one Taobao seller came up with the idea of asking her 72-year-old grandfather to model ladies' dresses in her store. It quickly became a hit. Some found it hilarious, some a little weird.

Sina blogger Yunke Jia (贾运可) believed [zh] the recording breaking sales in the Bachelor's Day is related to the "Diaosi culture", a culture similar to the Japanese' "Otaku":

我们可以将之称为"中国式嘻哈",或者将这位老人的行为视为时下正火的"屌丝文化"的一个具体个例。笔者不知道这种文化会盛行多久,因为整体上"屌丝"这个词的内涵还处于一个不断丰富扩大的过程当中…..主流式样刻板固化的宣传模式也越来越为大众所反感。笔者以为,正是在这种情形之下,"屌丝文化"才能在如此短的时间之内风靡神州大陆

Probably we can call it "Chinese hip hop", or an example of the popular "Diaosi culture" [zh] right now. I am not sure how long the culture will last. Because basically the term "Diaosi" is still developing….. People are more and more tired of the mainstream propaganda. I think it is in this situation that the "Diaosi culture" is sweeping the country.

Diaosi are a group of people who deprecate themselves as "poor, incompetent and ugly" in comparison to the "tall, rich and handsome". They believe that they will remain singles and the Bachelor's Day is their festival. There is a strong sense of self-irony in the identification, in particular under the context of China, the young rich is usually inherited from their family and hence being a "Daosi" can be cool and honorable. That's why Jia believes that Diaosi culture and Bachelor's Day are different sides of the same coin and that Chinese merchants have been smart enough to convert their frustration with the reality into business success.

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Online Poll Asks Chinese Hopes for Future, And Democracy Wins in Landslide

Posted: 19 Nov 2012 07:50 PM PST

(iStock photo)

With China's new leadership now set, Chinese Web users have turned their attention to answering the key question: "What's next?" In concert with the 18th Party Congress, the website of Communist Party-sanctioned Peoples's Daily hosted an online poll asking Web users about their hopes for future development. The poll asked users to vote for the topics they cared about most, picking one from a menu which included "Democracy," "economic development," "national defense," "cultural prosperity," "peace and unity," "building the Communist Party," and "international relations."

Poll results show democracy as a resounding winner. (Via People.com.cn)

The winner? Democracy, in a landslide. Out of a healthy 187,000-plus votes cast, Democracy ranked first with over 61,000. This was followed by anti-corruption, which garnered over 38,000 votes, then "social livelihood" with more than 33,000. Although economic development has been the focus of much of China's policy-making in recent years, that concern ranked a distant fourth.

Of course, this was far from a scientific survey. Determined users could vote for the same option multiple times; nonetheless, in the absence of more traditional democratic means, the poll is a powerful gauge of public opinion. Particularly noteworthy is the fact that this poll was help by a news organization traditionally known to hew to the Party line, and the poll's affiliation with the 18thParty Congress was emblazoned in bold red across the top of the screen.

It's a bold move by the Party-controlled media, although it only displays the poll results and voter comments are few and far between. But the poll's results were widely shared on Sina Weibo, China's Twitter. When famous investor and commentator Kai-Fu Lee, (@李开复) posted the results, they attracted over 800 comments, serving as an ad hoc discussion platform about China's future.

Some users were surprised by how far the poll went, especially because it was hosted by a state media outlet (albeit one that has a more liberal online persona than its print counterpart). @空气凤梨飘 commented: "[This post is] Surprisingly open and transparent; astonished." @纯洁的纯洁哥 wrote, "Hoho, can't believe it's people.com." @YY的记事本 joked: "It's truly from People.com; now [it's] safe to repost."

Some worried aloud whether the poll's seemingly clear results would ever reach decision-makers. @公子钟 wrote, "I voted for democracy too, hopefully the Big Seven [China's Politburo Standing Committee] will hear the people's voice". @Di帝cue joked bitterly: "Chairman Xi is too busy to surf online, or to check Weibo. Just drop the idea, folks."

Others were more hopeful that new leader Xi Jinping and his colleagues might take the results to heart. @嗨嗨殷诗睿卡米萨玛 commented, "Mr. Xi, it's your turn now"; @就是老花眼 adds: "The new leader is standing at a crossroads; a middling approach is no longer an option for him". Another commentator boldly wrote, "With globalization deepening, American-style democracy will lead human development in the 22nd century. … Obama's passionate [victory] speech [which resonated deeply in China's blogosphere] has stirred public emotions. Chairman Xi, you have been pushed to the cusp."

But Web users seemed largely aware that even if Xi were to step across the Rubicon separating democracy from one-party rule, he would have to tread carefully. @Enzo谦信 commented: "Political reforms cannot come in a rush. Step by step. A bit of carelessness would draw us back to the historical cycle practiced by so many Dynasties in the past 5000 years."  @时光爬过窗台 agreed wholeheartedly: "The sequence for problem solving should be exactly reversed. While carefree social elites are chatting about democracy, 800 million people at the bottom barely able to cover food and clothing need economic development."

People's Daily's decision to run this poll, obviously sanctioned by Chinese authorities, is a bold move. But it does not occur in isolation; recently, Weibo posts have flooded in with expectations for China's new leadership. Liberal intellectuals, who often set the tone for certain quarters of public opinion, have been vocal and their posts have been widely shared. This trend perhaps began with Liu Shengjun (@刘胜军改革), an economist and columnist for FTChinese and Caixin. On November 15, he posted on Weibo his "ten biggest wishes for the next ten years." They included "not having to buy infant milk powder abroad," an end to worsening environmental pollution, an end to the emigration of rich officials and rich entrepreneurs, and the hope that "the stock market is transformed from a money misappropriation machine to a value-creating arena.

Power bloggers Li Chengpeng (@李承鹏) and Xue Manzi (@薛蛮子) soon followed suit with their own posts to help set the online agenda. Many Weibo users have applauded these efforts, but some question their feasibility. @A-deepin exhorted: "Wake up! Wake up!" @琪琪儿QIU wrote, "Hope is plump but reality is skinny…to achieve all these…is really hard."

Such posts are part and parcel of the resurgence of Internet liberals following China's leadership transition, although a separate online debate has also recently heated up between Chinese liberals and conservatives. Ultimately, however, history will only record the real impacts of such arguments. It still not clear if Sina Weibo is in fact pushing the limits of free speech, or just functioning as an outlet for reformists (or worse, a false front for free speech to quell public anger). As Li Chengpeng concluded upon his return after being silenced during the leadership transition:

"Back to Weibo; so excited to make wishes for the next ten years: lower prices, less corrupted officials, more social benefits, narrower wealth gap, more opportunities for the youth… just realized that new governments have said all these; back to decade, two decades ago, these have also be promised. So my message for the next ten years: Realize the promises made during the meeting. Even if only two of them come to fruition, we would be very happy."

Coming Tomorrow: A Live, Interactive Online Discussion on U.S.-China Relations

Posted: 19 Nov 2012 04:02 PM PST

After being postponed due to Hurricane Sandy-related issues, our live dialogue is back! Tea Leaf Nation will be honored to partner with ChinaDialogue.net to present "China-U.S.: A live discussion on elections, energy and climate change." This live, online, interactive discussion will be accessible on this site and on ChinaDialogue.net, and will take place from Tuesday morning, November 20 (8 o'clock a.m. Eastern time, 5 o'clock a.m. Pacific time) to Wednesday morning, October 21 (9 o'clock a.m. Eastern time, 6 o'clock a.m. Pacific time). With both the U.S. and China having just confirmed their leaders for the coming years, it's an appropriate juncture to discuss the relationship between the U.S. and China, as well as their respective stances on climate change, clean tech, and the environment.

This live dialogue is organized in partnership with ChinaDialogue.net, a site "devoted to the publication of high quality, bilingual information, direct dialogue and the search for solutions to our shared environmental challenges." We encourage our readers to tune in live, and submit questions before or during the discussion. For those who miss it, a record of the talk will be available on this site afterwards.

The live discussion will include two live, hour-long Q&A sessions with two distinct panels of highly regarded experts. You will be able to post your questions and comments directly to them through TeaLeafNation, or via Twitter (hashtag: #uschinadialogue). Here are the details:

Session 1: Tuesday November 20, 8-9 a.m. Eastern time (that's 5 o'clock a.m. Pacific time, 9 o'clock p.m. Beijing time) on Leadership and climate change 

Themes: Public awareness on climate change and its influence on policy; policy challenges for U.S. and Chinese leaders; potential Obama administration strategy for energy and climate this term; potential Xi administration strategy for energy and climate in the next five years; chances of a comprehensive climate bill or initiative in either country; how the U.S. and China deal with each other in their public rhetoric.

Expert panel: Wang Tao; Ross Perlin; Lin Ji

Session 2: Wednesday November 21, 8-9 a.m. Eastern time (that's 5 o'clock a.m. Pacific time, 9 o'clock p.m. Beijing time) on Clean tech & U.S.-China cooperation

Themes: Emissions and energy goals; state of play for clean tech deployment and financing; international trade negotiations; green jobs; opportunities for collaboration on climate policy and technology; international structures and frameworks that can foster collaboration; Obama/Xi cooperation.

Expert panel: Paul Joffe; Li Shuo; Angel Hsu; Dale Wen; Yang Fuqiang

Members of the public are encouraged to post comments and questions as the debate continues. So please join us for both sessions either to follow the discussion or to make your own contributions.

You can also email us questions ahead of the debate with the subject line "live dialogue." If you're a climate and energy expert and would like to join the panel, please also email us. (Our thanks go in particular to Charles Zhu, who has spearheaded organization on the TLN end.)

Mixed News on Netizen Detentions

Posted: 19 Nov 2012 03:31 PM PST

Economic Observer reported last month on Chongqing authorities' efforts to "clean up" cases of people sentenced to re-education through labour for online comments during Bo Xilai's rule over the municipality. Among them was Fang Hong, released in April after a one-year sentence for a crudely satirical weibo post referring to Bo as "Mr Erection". One loose end noted in the article was the case of Ren Jianyu, sentenced in August 2011 to two years for re-posting others' criticisms of the local government. According to Tea Leaf Nation, Ren was released on Monday afternoon:

Fortunately for Ren, he had thousands of impassioned web users in his corner, who seemed aware that Ren's case would have repercussions for their own ability to use . In October, thousands tweeted their support for Ren and outrage at his treatment. What most stirred online ire was not simply Ren's imprisonment., but the evidence against him. When Ren's case was initially tried, authorities introduced as evidence a T-Shirt, found in Ren's home at the time of his arrest, with the words "Freedom or Death" printed in Chinese.

[…] Ren also has his lawyer to thank. (@哈儿浦志强有戏) is well known for taking cases involving press freedom, and Pu was aggressive not only in bringing Ren's case to trial, but in using social media to enlist public sympathy. Pu recently told the Global Times, "Ren Jianyu's case has a certain amount of resonance and social influence. Our nation's laws protect the right to free speech, but Ren was imprisoned for a speech crime. His receiving '' was extremely unreasonable."

Weighing against encouraging signs from Chongqing, however, is news from of a 36-year-old fund manager detained on the eve of the for "spreading false and terrible information". Zhai Xiaobing, or @stariver, posted a satirical tweet based on the Final Destination series of horror films on November 5th. He has not yet been released. With translation by Yaxue Cao at Seeing Red in China:

#剧透推 #慎入 死神来了6即将上映。大会堂突然倒塌,正在开会的2000多人只有7人幸免,事后却又一一离奇死亡。是上帝的游戏,还是死神的怒火,神秘数字18怎样开启地狱之门?11月8日全球院线震撼登场!

— 星河舰队 (@Stariver) November 5, 2012

.#SpoilerTweet #Enter-at-your-own-peril "Final Destination 6" has arrived. In which the Great Hall of the People collapses all of a sudden. All 2,000+ people meeting there died except for 7 of them. But afterwards, the seven die one after another in bizarre ways. Is it a game of God, or the wrath of Death? How will 18, the mysterious number, unlock the gate of Hell? Premieres globally on November the 8th to bring you an earthshaking experience!

Twitter is sometimes seen as a relatively safe haven compared with domestic services like , but as past cases show, the service is actively monitored. In 2010, user @wangyi09 was sentenced to a year of re-education through labour for tweeting the five characters, "Go, angry youth!", jokingly encouraging anti-Japanese protesters.

A petition has been set up to call for Zhai's release, with signatories so far including Bei Feng, Hu Jia, Mo Zhixu, and Ai Weiwei. The petition letter concludes, from Oiwan Lam's translation at Global Voices Advocacy:

We hope the the Beijing shows a sense of humor and do not create a big incident out of a small issue. In particular, do not ruin the image of the new leadership soon after the 18th Party Congress. Such groundless prosecution against citizen who exercise their freedom of expression is disgraceful. We urge the immediate release of user @stariver.


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China: A Meritocracy of Mediocrity?

Posted: 19 Nov 2012 01:44 PM PST

With the recent handover of power to a new Politburo Standing Committee, a debate has broken out between China watchers over what to term the method through which China chooses its new leaders. In the corner arguing for "" are and Zhang Weiwei, who have recently written and spoken about how the current government has drawn on its Confucian heritage to advance only the most qualified individuals for positions of power. In a recent New York Times op-ed, Zhang, a professor at Fudan University in Shanghai, wrote:

Meritocratic governance is deeply-rooted in China's Confucian political tradition, which among other things allowed the country to develop and sustain for well over a millennium the Keju system, the world's first public exam process for selecting officials.

Consistent with this tradition, practices — not always successfully — meritocracy across the whole political stratum. Criteria such as performance in poverty eradication, job creation, local economic and social development, and, increasingly, cleaner environment are key factors in the promotion of local officials. China's dramatic rise over the past three decades is inseparable from this meritocratic system.

Sensational scandals of official corruption and other social woes aside, China's governance, like the Chinese economy, remains resilient and robust.

Other observers believe that "official corruption and other social woes" are enough to discredit the argument that China is a meritocracy, especially with this year's scandal involving disgraced Chongqing Party Chief Bo Xilai. The Economist argues that people who laud China's meritocracy are missing the point:

…To believe virtue always floats to the top in a system such as China's is fantasy. Chinese government and society are shot through with corruption. Even official media report about cadres gaining promotion through connections, not merit, and despite the occasional execution of corrupt officials, the government can do little about it. The Confucian ideal of self-cultivation is admirable, but it neglects the crucial detail known as human nature.

Regardless of what term is used, it is clear from looking at the line-up of the new Standing Committee that the members drew on deep-seated networks of family and professional ties to advance up the rings of power. Just before the Standing Committee was announced, Ian Johnson wrote in the New York Times about the newfound power of China's "princeling" class, or the sons and daughters of China's revolutionary leaders:

Despite rising controversy over their prominent role in government and business — highlighted by recent corruption cases, as well as the fall of , whose wife was found guilty of murder — China's , who number in the hundreds, are emerging as an aristocratic class with an increasingly important say in ruling the country.

While they feud and fight among themselves, many have already made their mark in the established order, playing important roles in businesses, especially state-owned enterprises. Others are heavily involved in finance or lobbying, where personal connections are important.

"Many countries have powerful families, but in China, they are becoming the dominant force in politics and business," said Lü Xiaobo, a political science professor at Columbia University. "In this system, they have good bloodlines."

And another article from the New York Times from this weekend examines the wider networks of ties that helped launch and develop the current crop of leaders, resulting only in the "meritocracy of mediocrity":

The seven men on the have forged close relations to previous party leaders, either through their families or institutional networks. They have exhibited little in the way of vision or initiative during their careers. And most have been allies or protégés of Jiang Zemin, the octogenarian former party chief.

The Communist Party and its acolytes like to brag that the party promotion system is a meritocracy, producing leaders better suited to run a country than those who emerge from the cacophony of elections and partisan bickering in full-blown democracies. But critics, including a number of party insiders, say that China's secretive selection process, rooted in personal networks, has actually created a meritocracy of mediocrity.

Those who do less in the way of bold policy during their political rise — and expend their energies instead hobnobbing with senior officials over rice wine at banquets or wooing them with vanity-stroking projects — appear to have a greater chance of reaching the ranks of the top 400 or so party officials, the ones with seats on the Central Committee, the Politburo or its standing committee. Instead of pure talent, political patronage and family connections are the critical factors in ascending to the top, according to recent academic studies and analyses of the backgrounds of the leaders.

There are growing doubts, even among party elites, over whether such a system brings out those best equipped to deal with the challenges facing this nation of 1.3 billion people, with its slowing economic growth, environmental degradation and rising social instability. A series of recent scandals and revelations that the families of top officials can hold billions of dollars' worth of investments have also led to greater scrutiny over the role of patronage.

Read more on the debate over meritocracy in China:

- Getting Ahead in the Communist Party: Explaining the Advancement of Central Committee Members in China, by Victor Shih, Christopher Adolph, and Mingxing Liu in American Political Science Review (PDF)
- The unintended consequence of the "China-as-meritocracy" debates, from Peking Duck
- Economic Observer podcast: China: A Meritocracy? with Daniel Bell
- The Real China Model, by Mark Elliot in the New York Times


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Photo: Untitled, by Bert van Dijk

Posted: 19 Nov 2012 12:40 PM PST

Chinese Man Imprisoned For Online Speech Reportedly Released

Posted: 19 Nov 2012 11:03 AM PST

Ren Jianyu, a 25-year-old man imprisoned in 2011 for an online speech crime, has been released. According to Sina News and to the Global Times' Sina Weibo microblogging account, Ren was formally released from Chongqing labor prison on 4 o'clock Monday afternoon, Beijing time. This follows Ren Jianyu's appeal of his sentence to number 3 intermediate People's Court in the municipality of Chongqing. Global Times has said that Ren's lawyer expects the Chongqing court to issue an official ruling Tuesday afternoon.

Ren Jianyu may have happier days ahead.As Tea Leaf Nation wrote on October 13, 2012, "Ren was sentenced to two years' of 're-education through labor' for attempted 'overthrow of the government' after re-posting comments critical of Chongqing authorities on QQ, a social media platform." Ren's crime, in other words, was nothing more than using the Internet to re-post the words of others, which he did openly and under his real name.

Fortunately for Ren, he had thousands of impassioned web users in his corner, who seemed aware that Ren's case would have repercussions for their own ability to use social media. In October, thousands tweeted their support for Ren and outrage at his treatment. What most stirred online ire was not simply Ren's imprisonment., but the evidence against him. When Ren's case was initially tried, authorities introduced as evidence a T-Shirt, found in Ren's home at the time of his arrest, with the words "Freedom or Death" printed in Chinese.

At the time Ren's case was pending, however, some netizens worried that the public might lose interest, providing an opening for official inaction and delay. These concerns seemed especially well founded when the Chonqing court asked for more time to consider the case given its potential "social impact." With China's sensitive leadership transition now in the past, it is possible that authorities have now gained clearance to set Ren free.

Ren also has his lawyer to thank. Pu Zhiqiang (@哈儿浦志强有戏) is well known for taking cases involving press freedom, and Pu was aggressive not only in bringing Ren's case to trial, but in using social media to enlist public sympathy. Pu recently told the Global Times, "Ren Jianyu's case has a certain amount of resonance and social influence. Our nation's laws protect the right to free speech, but Ren was imprisoned for a speech crime. His  receiving 're-education through labor' was extremely unreasonable."

The original T-shirt that helped send Ren Jianyu to labor prison. (Via Weibo)

Ministry of Truth: Two-Child Policy

Posted: 19 Nov 2012 09:36 AM PST

The following example of instructions, issued to the media and/or Internet companies by various central (and sometimes local) government authorities, has been leaked and distributed online. Chinese journalists and bloggers often refer to those instructions as "Directives from the ." CDT has collected the selections we translate here from a variety of sources and has checked them against official Chinese media reports to confirm their implementation.

Since directives are sometimes communicated orally to journalists and editors, who then leak them online, the wording published here may not be exact. The original publication date is noted after the directives; the date given may indicate when the directive was leaked, rather than when it was issued. CDT does its utmost to verify dates and wording, but also takes precautions to protect the source.

Guangdong Propaganda Department: Do not report or comment on expert discussion of a "two-child policy." (November 6, 2012)

广东省委宣传部:有关专家学者讨论放开二胎生育问题,不报道不评论。


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A Conservative Commentator Calls Out Chinese Liberals, And Liberals Shout Back

Posted: 19 Nov 2012 09:20 AM PST

Hu Xijin has once again earned Chinese liberals' ire. (Via Weibo)

The below article also appeared in ChinaFile, a Tea Leaf Nation partner site.

Speech on the Chinese Internet, it seems, is beginning to thaw once more following the country's leadership transition. After months of speculation, new Chinese leader Xi Jinping was announced on November 15 at the close of the 18th Party Congress, which accompanied a slowdown in the country's Internet and the silencing of certain dissident voices. Now, Sina Weibo, China's Twitter, is coming alive again with discussion about China's future.

On November 19, the nationalistic Chinese newspaper Global Times published a piece calling for "harmony" and solidarity from Chinese liberals, i.e. reformists. Hu Xijin (@胡锡进), chief editor of Global Times, then took to Weibo with his take on what the article meant. He wrote:

"Liberals (自由派) should contribute to the harmony and solidarity of our society. Liberalism is the necessary balance for conservative forces in society. In practice it constitutes an important source of social criticism, but every society must balance freedom and governance. We hope liberals can be more constructive for social balance; this should be seen as a well-intentioned expectation for them. But in the past, liberals called for reform with great enthusiasm, but often showed little interest in promoting social solidarity. Some people think that their sole mission is to criticize, and the more uncompromising the criticism is, the more justice it will do; while maintenance of social solidarity is officials' business, or other people's business, they do not have this obligation."

This statement soon triggered debate on freedom and democracy in China comprising a total of over 1,400 reposts and over 900 comments. Most weighed in to disagree with Hu.

In particular, commenters noted that Chinese liberals—i.e. reformists—seem to face a catch-22. He Peihua (@何培华律师), executive editor of the Civil and Commercial Law Review, complained, "What the Global Times wants to say is that liberals are an important source of social instability, so liberals should do something for the harmony and unity of society. But I'm worried that once someone is labeled as a liberal, he or she is already being watched." He later wrote that what the government really wants is "graveyard stability," (坟墓里的稳定), as "dead people are stable for sure…because they have nothing to discuss."

Xie Wen (@谢文) former general manager of Yahoo China, wrote, "Harmony and solidarity can only be realized among people with equal rights. If you deprive people of their freedom of speech, how can there be harmony and solidarity? Zhu Zhuanghong (@朱庄虹007), chief editor of Financial Practice, seconded that notion: "Liberals' freedom to contribute their views is already restricted, what else are they supposed to do?

Peng Xiaoyun (@彭晓芸), a freelance journalist with 110,000 followers, implicitly turned the question back at Hu, asking, "Who's the one dividing society? Who is the one considering the voice of disagreement as the enemy?"

But Hu did have his supporters, although they comprised a minority. @封掉6464 wrote, "Having gone through the Cultural Revolution, we know how scary turmoil is. Chinese liberals only see the problems in China instead of progress. So their views are not objective, and thus incorrect. The freedom they promote is to overthrow China, although they are doing it in the name of promoting the progress of China. Such "freedom" should be forbidden and [lead to] jail in any country."

Not all criticism of liberals was so circumspect. User @HAH-I offered a stark reminder of the attitudes still arrayed against Chinese reformists: "In China, the vast majority of liberals have others names: Traitor, sellout."

Although Hu Xijin's tweet offered a good summary of the official Chinese position toward would-be reformers, reaction to his words shows that Hu missed an important component of public opinion: Many Chinese consider liberals to be integral to solidarity. Perhaps @阿辉说事 said it best: "The call for reform itself is an expression of harmony and solidarity, the most fundamental expression. The author [Hu] has made a serious logical mistake. You know that China must reform, on the other hand, it seems that you are holding onto something you don't want to give up."

 

Censorship Vault: Beijing Internet Instructions Series (12)

Posted: 19 Nov 2012 09:02 AM PST

In partnership with the China Copyright and Media blog, CDT is adding the "Beijing Internet Instructions" series to the Censorship Vault. These directives were originally published on Canyu.org (Participate) and date from 2005 to 2007. According to , the directives were issued by the Municipal Network Management Office and the State Council Internet management departments and provided to to by insiders. has not verified the source.

The translations are by Rogier Creemers of .

31 March 2006

Information on "Minsheng Bank Aims 3 Million Yuan Credit Limit Card at Vice-Ministerial Level Cadres" is a false report, please do not reprint it, where it has been reprinted, delete it immediately. Please acknowledge receipt, thank you.

30 March 2006

Network Supervision Office notice: everyone: if you see articles concerning the poisoning of the band "Super Mary" (, Han Xuan), if the article attacks the , delete it.

30 March 2006

Concerning the case of thanking for a loan in Japanese Yen, the original text may not be distributed, but if there are positive guiding articles on forums, refuting the notion of 's Japanese Yen loan, they may be distributed and posted on forums, but firmly grasp the extent, they cannot have radical acts, or whatever calls for demonstrations, etc. Attention must also be paid to the fact that reactions in forums concerning this matter cannot be too ardent or animated.

29 March 2006

If reports have already been reprinted about the opening of the trial on the daughter or a professor being throttled to death by a ticket seller, please delete it immediately.

26 March 2006

The report "Jiangsu Police Hit on the Head with Gun by Colleagues in Bathroom in Violent Attack" is untrue, please delete it immediately.

24 March 2006

Articles that the Information Office notified to be deleted:

(1) Who Burnt the Summer Palace, Has Nothing to Do With Patriotism!

(2) After Chen Yizou Leaves, the Does Not Understand Win-Win

22 March 2006

Articles that the Information Office notified to be deleted:

(1) Only Re-Evaluating Can Strengthen the Masses' Faith in Reform

(2) "Yang Xiaokai – A Record on Random Thoughts on Chinese Politics"

(3) A Strong Speech by to Japan that Is Rarely Known by the People!

21 March 2006

(1) Some Japanese members of parliament have inspected the from an airplane, do not report it, forums are also not to discuss it. Please acknowledge receipt, thank you. (Delete)

(2) Please do not reprint the reported text of the Chongqing Morning Times of Chongqing Plans to Build Two More Dams in the Yangtze – The Total Amount of Installations Exceeds the Gezhou Dam, if it has been reprinted, please immediately remove the article. Please acknowledge receipt, thank you. (Delete)

(3) Please delete the text on expert suggestions to change into a special administrative zone, and expanding the area by eight times. Please acknowledge receipt, thank you.

 

2006年3月北京网管办发出的禁令(三)
2006-03-31
"民生银行300万元透支卡瞄准副部级干部"的消息,为不实报道,请不要转载,已转的立即删除。 收到请回复,谢谢。

2006-03-30

网监处通知:各位:如果见到关于超级玛丽组合(罗惊、韩萱)中毒的文章,如果文中有攻击警察的就删除。
2006-03-30

有关网易感谢日元贷款一事,原文不得放行,但论坛如有正面引导文章,反驳网易日元贷款观念的可以放行,发在论坛,但要把握度,不能有过激行为,什么号召游行呀等。也要注意论坛里关于此事件的反应不能太热烈和激励。
2006-03-29

如已经转载清华大学教授女儿被售票员掐死一案开庭的报道,请立即删除.
2006-03-26

"江苏警察浴室里遭同行枪顶脑袋暴殴"的报道不实,请立即删除。

2006-03-24

新闻办通知删除的文章

1、圆明园是谁烧的,与爱国无关!

2、程益中走后,《新京报》不懂双赢
2006-03-22

网监通知删的文章

1:重新评价毛泽东才能坚定民众改革信心

2:《杨小凯--中国政治随想录》

3:一段鲜为人知的胡锦涛对日强硬讲话 !

 

2006-03-21

1.日本几个议员乘飞机视察钓鱼岛,不报道,论坛也不讨论。收到请回复,谢谢。 (删除)

2.《重庆晨报》"重庆拟在长江再建两大坝 装机总量超葛洲坝"一文,请不要转载报道,已转载的请即撤除稿件。收到请回复,谢谢。(删除)

3.专家建议将北京改为特别行政区 面积扩大8倍一文,请予删除。收到请回复,谢谢。

These translated directives were first posted by Rogier Creemers on on November 19, 2012 (here).


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Another Victory for U.S.-China Joint IP Enforcement

Posted: 19 Nov 2012 02:53 AM PST

This is becoming a common occurrence, which is a good thing:

Chinese police, working with US law enforcers, uncovered a major transnational criminal case of manufacturing and exporting fake international brands and arrested 73 suspects.

The police has [sic] confiscated over 20,000 counterfeit bags branded as Louis Vuitton, Hermes or Coach, closed 37 illegal sites for the production and sale of such bags, and found that the suspects have manufactured and sold more than 960,000 such fake bags, the Ministry of Public Security said in a statement Sunday. (Xinhua)

So these were counterfeits manufactured in Guangdong and exported to the U.S. (among other places). The illegal activity at issue was trademark infringement, and the authorities involved included the PRC Public Security Bureau and the U.S. Immigration and Customs Enforcement.

Not only was property seized and individuals arrested, but there was also online activity here that was stopped.

This kind of joint task force covers all the bases and is typical of how law enforcement is dealing with international counterfeiting these days. Moreover, this was a fairly large group that had manufactured a large number of infringing bags. This ring was substantial and therefore worth the time and effort of the authorities, both here and in the U.S.

As I've said before, I wonder if we will see, sometime in the future, a situation where most of the large-scale infringers out there are rolled up by the police, leaving only a scattering of de minimis wrongdoers who are simply too small to go after. I definitely see that happening with small websites that offer downloads of copyrighted works but whose traffic is insignificant. We might see the same dynamic with counterfeiters.

In the meantime, expect to see more large-scale joint enforcement cases.


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