Blogs » Politics » China Cops, Data Privacy, and the Latest Crackdown Campaign
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- China Cops, Data Privacy, and the Latest Crackdown Campaign
- Li Chengpeng: Speak
- Chinese Consumers Break Online Sales Record on Bachelors' Day
- Online Poll Asks Chinese Hopes for Future, And Democracy Wins in Landslide
- Coming Tomorrow: A Live, Interactive Online Discussion on U.S.-China Relations
- Mixed News on Netizen Detentions
- China: A Meritocracy of Mediocrity?
- Photo: Untitled, by Bert van Dijk
- Chinese Man Imprisoned For Online Speech Reportedly Released
- Ministry of Truth: Two-Child Policy
- A Conservative Commentator Calls Out Chinese Liberals, And Liberals Shout Back
- Censorship Vault: Beijing Internet Instructions Series (12)
- Another Victory for U.S.-China Joint IP Enforcement
| China Cops, Data Privacy, and the Latest Crackdown Campaign Posted: 19 Nov 2012 10:34 PM PST
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:
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 |
| Posted: 19 Nov 2012 11:17 PM PST Author and blogger Li Chengpeng, who has 6.5 million followers on Sina Weibo, delivered a powerful speech to students at Beijing University on freedom of speech. Translated by Liz Carter at A Big Enough Forest:
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:
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 |
| 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:
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. 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:
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:
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":
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. Written by Sophia · comments (0) |
| Online Poll Asks Chinese Hopes for Future, And Democracy Wins in Landslide Posted: 19 Nov 2012 07:50 PM PST 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." 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:
Weighing against encouraging signs from Chongqing, however, is news from Beijing of a 36-year-old fund manager detained on the eve of the 18th Party Congress 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:
Twitter is sometimes seen as a relatively safe haven compared with domestic services like Sina Weibo, 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:
© Samuel Wade for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us |
| 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 "meritocracy" are Daniel Bell 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:
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:
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:
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":
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) © Sophie Beach for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us |
| Photo: Untitled, by Bert van Dijk Posted: 19 Nov 2012 12:40 PM PST © Samuel Wade for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us |
| 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.
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." |
| Ministry of Truth: Two-Child Policy Posted: 19 Nov 2012 09:36 AM PST
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.
© Anne.Henochowicz for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us |
| A Conservative Commentator Calls Out Chinese Liberals, And Liberals Shout Back Posted: 19 Nov 2012 09:20 AM PST 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."
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| 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 Canyu, the directives were issued by the Beijing Municipal Network Propaganda Management Office and the State Council Internet management departments and provided to to Canyu by insiders. China Copyright and Media has not verified the source. The translations are by Rogier Creemers of China Copyright and Media.
These translated directives were first posted by Rogier Creemers on China Copyright and Media on November 19, 2012 (here). © Anne.Henochowicz for China Digital Times (CDT), 2012. | Permalink | No comment | Add to del.icio.us |
| 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:
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. © Stan for China Hearsay, 2012. | Permalink | One comment | Add to del.icio.us |
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