China Makes Chat Group Administrators Criminally Liable for Unlawful Messages
globalvoices.org
globalvoices.org
Effective 8 October, the following types of content will be prohibited in chat groups on China-based messaging platforms:
1. Sensitive political content 2. Rumors 3...
Holy shit. What is this going to do to the Chinese tech scene? The liability being created here is crazy to consider.
Lets all hope these practices aren't looked at as successful by other governments, I'd hate to see other countries following suit.
It's almost never about acquiring new power, they don't need that. It's about enforcing policy through a more specific enlightenment (ie don't do this, this isn't acceptable, etc). In other words, it's encouragement to aggressively keep with the line they've drawn. The party goals are dramatically easier to achieve/uphold if they have lots of lower level hands willingly helping.
Isn't this up for debate?
On one hand, in SK a Samsung chief and heir and also former President are facing long prison sentences (some of the protests leading up to this were argued to be the largest peaceful protests in history, ever).*
On the other, in the US a convicted paedophile, Jeffrey Epstein, never spent a day in jail. He is a billionaire and very close friend of Bill Clinton's.
I am interested in historically how well the rule of law in the US has or has not applied equally to all citizens?
*I personally found it really strange this has gotten so little attention in Western media.
That is incorrect. He spent 13 months in prison and is now a registered sex offender.
According to federal prosecutors, only one of the girls would agree tontesitfy against him and that wasn't enough to get a conviction.
If you read about the case in sources that aren't determined to link the whole thing to a Bill Clinton conspiracy, you'll see it wasn't an open and shut case. It's pretty likely prosecutors agreed to a deal because they thoght he'd walk otherwise.
The local DA convened a grand jury and they thought there was only enough evidence to support fairly minor charges. Maybe he was paying off witnesses, but you need evidence of that.
Regardless he still spent time in jail.
Anyways, one of the interesting things about his involvment was that he has paid out in civil lawsuits to about 40 victims.
Things seem ok because everyone ends up walking around pretending things are good even the people enforcing the rules. Untill you get a little spark and suddenly nobody is willing to stop it.
PS: I am not saying it's going to happen, but I expect the odds of complete failure in the next 20 years are well over 5%. And if it does fail things could get insanely ugly.
- banned soft cheese
- banned all korean music and entertainment
- (got rid of) Liu Xiaobo, the Nobel Laureate, and prevented his wife from leaving China
- banned ICO
- banned a bitcoin exchange
- prevented its companies from investing overseas (Wanda, etc)
- (rumored) prevented the richest person from leaving China
- banned beards and veils in xinjiang
- banned 'muhammad' and 'jihad' as baby names
- banned entertainment news that promotes western lifestyles
etc
I guess it is a sign of the health of the economy of the EU.
Cheese is a hoax
- VPN Apps on the iOS App Store
And my favourite from last year:
- Erotic banana eating videos[0].
[0] http://www.bbc.co.uk/news/blogs-news-from-elsewhere-36226141
So does Greece. That doesn't appear to be doing Greece much good in the modern era though.
Also, large swaths of China's institutional memory were wiped out during the Cultural Revolution.
The Cultural Revolution is the one aspect of Maoism that everyone in China today, including the government, will admit was a terrible idea.
If Stalin had been in power (or even Khrushchev) the USSR would not have collapsed. There may have been another holodomor. There may have been another terror. But the government would have survived.
This is a lesson the CCP learned watching events unfold to the north, and they put it to work in 1989. The question is if they still are willing and able to do it. I suspect the answer is 'yes.'
EX: Cambodian genocide (adjusted for population) was far worse than any similar time period in recorded Chinese or Russian history and it did not help.
It's definitely necessary to have accurate information to keep things running, but there are certain aspects of the notion of 'accurate information' when it serves an ideological purpose that are pretty unexpected.
For instance, Stalin believed his doctors were part of a conspiracy to kill him, so he would have his doctors and those of all top officials arrested and tortured, to the point of forced confession. The crime was not simply planning to murder, but planning to kill sacred revolutionaries [0].
This example is typical of the Stalinist concept of "objective guilt": it does not matter there wasn't a shred of evidence to the conspiracy. The ideals were used falsely to prove lies as true - not because the ideals were meaningless or because they were there to justifying any whim. But because swifter and harsher punishment would go to the one articulating why it was obvious no one really actually believed the stated rules. That instead they all obeyed unspoken, subjective rules - externally praising Soviet ideals only to avoid causing themselves horrible punishment. That the system they called objective was actually extremely repressive because of its sheer intersubjectivity..
Though upon reflection, it provokes two questions: "Why could the same Stalin who either truly believed his subjective will was the actual manifestation of historical necessity, or merely dictated as if he did, hold office - during some of the 20th's century's more turbulent periods - for as long as 30 years? And why is it that the reimagined "visionary-yet-non-pathological" Soviet Party that followed Stalin - despite its repudiation of his cult of personality - was even less capable of 'making the right mistakes' towards securing its existence?"
Although one may be forced to say a lie, one will hold no illusions as hubristic as 'having made the correct mistakes' in brutal dictatorships - things are shitty. But when you become self-congratulatory, you hold more illusions. If I lack awareness of my tendency to underestimate my (recursive) uncertainty of my uncertainty of my self-evaluations, I would frequently wonder: "Gee! As if by chance - and without any understanding or memory of what they had in common - all these remote events - which I have disastrously underprepared for - just seem to keep happening to me! And with remarkable consistency"!
I'm not sure if or how China's approach will succeed or fail. But China doesn't have the same illusions as the USSR did about revisionism (and its antithesis). And, the Chinese government does have an external system it is both invested in and holds itself accountable to; one that is also a far less uncertain measure of success than any sort of internal affairs department - the entire world economy.
Another lesson seems to be, that historys smallest revolutionary cell can be bribed into neutrality by economic success.
The counter for this is people getting used to the good life and wanting more. If a government is able to have sustained economic success even in the face of this irresistible force, maybe it deserves to continue ruling.
We have yet to see if the Chinese government will be able to maintain itself as the average Chinese move higher on Maslow's pyramid.
China knows better than the west what powers can be exercised on the net.
They've been testing it for a long while and all the old assumptions "the net treats censorship as damage and routes around iT" etc. have been found wanting in China.
As the power of the nation state returns to ascendancy, now with IT firmly under its yoke, I suspect that China will do much better and succeed.
Instead - I think the west is going to end up following China in some format or the other.
Edit - as analogy: the market can remain irrational longmer than you can remain liquid.
Govt can suppress and succeed longer than you expect.
No civil war destroyed all records. No civil war spanning more then three generations. No locked in against foreigners syndrom.
If China does undergo civil and political upheaval I don't think it has the social institutions or mechanisms to suddenly switch to enlightened liberal democracy, history matters, but that doesn't mean the Communist Party is guaranteed political control in perpetuity.
It got pretty damned close in the Cultural Revolution.
If you really want to know what happened at Tiananmen in 1989, you can find a way to "jump the wall" and find out. It's just that most users aren't actively looking for alternatives to the propaganda statements, so their opinion on the state will be formed by enthusiastic reporting on the "belt and road" program or some other party-led initiative.
When that statement gained currency it was about being free to finally be outside of the cage that governments and large organizations made.
Today the old guard have built new tools - mass online commenting - to combat the signal itself.
So while the network may well reroute around censorship - the good censors just use the network to change the signal.
I've been on forums long enough now, and helped moderate enough To know the old naive version of free speech doesn't lead to the exchange of ideas.
It leads to the exhchange of whichever mind virus or meme is most capable of building reactions and structures in brains.
So it's definitely the era of subverting people and mass subversive speech/propaganda.
If I can press the right buttons in a person before you reach them with your facts/truth - what will you do?
That's the question I don't have an answer for just yet.
Now you can get any information if you want it and the problem is that propaganda still exists and some people still believe it.
It's not perfect but it's better.
And with the new tools, in particular the ability to sock puppet and impersonate human behavior in a context poor environment (you can't physical see the person, so can't make out if they are real or not, or body language and other factors we normally have during interaction).
So wouldn't it be fairer to say that they now have stronger control?
These totalitarian societies where the law doesn't apply to anyone in power the people pretty much follow the example and ignore the law themselves.
Make everyone a criminal and the law is worthless.
- Óscar R. Benavides
https://www.theverge.com/2017/6/30/15898386/germany-facebook...
There are activists basically asking for this in the US and western countries.
At this point, it would seem the cost of running a chat room would be a bit too high if that's the punishment for "negative social impact" for the writer. I would expect the owner to be just as on the hook.
If you live in a country with such draconian (and increasing) measures, there is only one thing to do:
Use encryption. If only a few people use it, then they are targeted. If merely 10% of people use an encrypted protocol, it may be blocked. But if EVERYONE uses it, it will be computationally infeasible to decrypt everyone's messages. And banning eg TLS or SSH would be very hard to do.
In addition to this, DECENTRALIZE ALL THE THINGS. When there is no single server, there is nothing to shut down. There is no central owner to intimidate. People will have to go back to the bad old days of "tattle tales" and KGB spies among the regular people.
And seriously, if democracy works at all in these countries, all lawful means must be taken to defend what is left of freedom of speech. Who are these people who are actually making these laws, anyway? Every time they break them, it should be publicized.
Though the article says what happened after she laughed is why she got convicted. https://www.nytimes.com/2017/05/03/us/code-pink-sessions-lau...
I think even in the UK parliament the opposition makes fun of and laughs at each other without fear of prosecution.
And that's why it's important to fight those who would introduce Chinese-like censorship to the west in the name of combating "hate speech" or whatever else tickles the moral panic of the day. Efforts like Google's Conversation AI seriously worry me: they have the potential to shape thought the same way that the Chinese approach does.
In a sense, it doesn't really matter whether it's the government or a big corporation that performs automated censorship. Either way, your life can be adversely and drastically altered because some god damn neuron tripped over its activation function and called you a monster.
It does matter. If it's a company doing this, you still are free to run your own servers and say anything you want. If it's the government, you don't have that freedom. You can be jailed, fined, executed, exiled...
The Daily Stormer recently had a different experience. Besides, when your entire life's infrastructure depends on an ecosystem of data services, being suddenly disconnected from that ecosystem is tantamount to banishment. That's definitely the kind of punishment that can discourage speech.
Call me a pessimist but I think we already lost this fight. There's no going back to more freedom of speech now. Especially for us here in Europe.
As more and more formerly public places are privatised and the veneration of private property as an ideal above all others continues, the USA is simply running out of places where you're even allowed to protest. And that's not even considering so-called 'free speech zones', as if free speech is limited to a fucking place.
This is free speech: https://en.wikipedia.org/wiki/Hikoi#/media/File:Hikoi_FS.JPG
In the USA these people would be arrested for blocking a road.
The right to publish any media, no matter how obscene or political, is free speech. And the US has the closest to free speech of any major country.
When it comes to freedom of the press, Reporters Without Borders rates the US quite poorly - it's down at #43, with the UK at #40. When it comes to anglo cultures, the highest any of the 'five eyes' gets is New Zealand, at #13.
There is a difference between law and implementation.
As I said, there is a difference between law and implementation.
Also, it's not true that the top-scorers have blasphemy laws - most of them don't have one at all at the moment, and the ones that did were mostly used in the early part of last century (and rarely at that). Even Germany's 'blasphemy' law is actually a 'disturbing the peace' law; you're not going to go to jail for saying 'christ' when you hit your thumb with a hammer.
Not true: https://en.wikipedia.org/wiki/Mike_Diana
> or political
Also not true: https://en.wikipedia.org/wiki/Treason_laws_in_the_United_Sta...
I'd recommend reading up on these:
* https://en.wikipedia.org/wiki/Comics_Code_Authority
* https://en.wikipedia.org/wiki/Motion_Picture_Association_of_...
* https://en.wikipedia.org/wiki/Hollywood_blacklist
* https://en.wikipedia.org/wiki/Censorship_of_broadcasting_in_...
* https://en.wikipedia.org/wiki/Smith_Act
* https://en.wikipedia.org/wiki/Comstock_laws
* https://en.wikipedia.org/wiki/Censorship_in_the_United_State...
It's a march. It's a protest. Protesting is free speech. Of course it's free speech.
>The right to publish any media, no matter how obscene or political, is free speech. And the US has the closest to free speech of any major country.
No, that's freedom of the press. Freedom of speech is about protesting.
...and some may argue, even unlawful means; including one of the founders of the USA:
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson
It's surprising how extremist that quote sounds today --- ask a random US citizen what they think of it, without revealing its author, and you'd probably receive some pretty disappointing answers.
However, there's still plenty of limitations on free speech in the US. Look at obscenity laws, for example - nudity is much more acceptable in Europe than in the US. Or if you're a 'freedom of expression' fan rather than just 'freedom of speech', why is sex work still illegal? It's not in plenty of other western democracies.
As a non-American, it just gets tiring hearing the Americans constantly crap on about how much freer they are than everyone else, when there's really not that much difference.
And I very much doubt the CP is going to go after administrators who on-the-whole moderate with a pro-Beijing slant because they took 5 minutes too many to delete a comment.
Making assumptions that all young people hate the CP and would betray their country to the west at first opportunity sounds like one of those classic mistakes the West makes when it projects it's own sensibilities onto the world.
Chinese propaganda at the moment is really amateurish. Just wait until they learn from the best [1].
1. Noam Chomsky - Manufacturing Consent: https://www.youtube.com/watch?v=tTBWfkE7BXU
China didn't have much innovation coming out to start with. China mainly did the steal/force transfer/borrow technology thing.
Right to be forgotten isn't peculiar and neither is it at all related to "makeover" TV programmes or freedom.
Right to be forgotten is about have a right to your own information. Collecting information doesn't give you a right to it. Something being publicly available doesn't make it actually public.
You see, even if "young utility focused entrepreneurs" don't like what CCP says, they can pretend they likes it and help spread it. It's called Lying, but people do it all the time. After that, when those entrepreneurs made enough money, they can live outside China and become a citizen of a country they like.
And lying is enough for CCP (or any government I assume) as long as that lie can keep most people loyal to them.
Also, "Young" is just a nature status, it's mean nothing about people's ideology. Lot's of young people joined Nazi in the old days, don't forget that.
Almost half the people I've met are trying to go to China to start one thing or another.
I would say over a quarter of my Chinese American friends have moved to China to start a company, while an even larger portion fly back and forth quite often.
There will be false positives and negatives. Lots.
But, this is a really good insight . Why play whack a mole when you have a mole recognition guided bazooka. No more moles.
And as usual, the people who appear to be targetted with the laws (the four digital horsemen) will figure out simple workarounds, so the laws really only harm honest people.
My guess is that a clue lies in the censorship going on much closer to home, in our own minds. Thoughts which contradict our ideas about who we are and what we should do are suppressed all the time. They fail to reach the light of consciousness. In other words, like the individual mind, it seems the hive mind must eventually develop an ego.
When i've found myself unhappy about some aspect of the broader world beyond my control, i've often been able to find the same pattern reflected in my own mindset, locally.
Matrioshka dolls:
A verdict that shows so: http://www.asesoriayempresas.es/jurisprudencia/JURIDICO/1959...
Taking the article's example, would you be liable for ranting about a drunk driving checkpoint being a shakedown?
Which translates: "Effective knowledge by the plaintiff of the stored messages by third-parties on his website. Fax receiving in which [the admin] was informed of the lascivious messages to the plaintiff. By refusing the FAX the defendant breaches his duty of diligence"
So this case was about sexual comments against a specific person for which the owner of the site refused to delete such comments; so little to nothing to do with censoring messages against the state.
For the smaller casual "circle of acquaintances (relatives, friends, coworkers, gaming teammates, etc)" chats, there should be no owner, though - small non-public invite-only communities work perfectly well without administration. This doesn't solve "poster is responsible" but it solves "owner is responsible".
For larger or open chats - yes, the owner should be someone pseudonymous (or just a robot).
The Soviet Communist Party was/is rather like Scientology. At the noob level, in the Pioneers (a lot like US Boy Scouts) it was all about ideals/ideology and honor. At some point, you realized that members got nice perks. More money. Access to stores that carried better food and stuff. And eventually, as you got into higher-level leadership, you started to get that it was all bullshit.
This asks the question - what isn't at odds with human nature? Why do you think that utopian projects are necessarily at odds with human nature? Marx and Engels were sociologists, and in fact many modern sociologists are Marxists too. That doesn't mean they're right, but it's some indication that the "human nature" argument needs looking into.
And it has been looked into. Erich Fromm, a member of the Frankfurt School, wrote a book called Escape From Freedom in which he details the investigation of the human condition and attempts to identify what human nature is and to what extent it is malleable. The idea that "human nature" is suited to our current mode of production is as he notes a little fallacy stretching back to Freud's time.
The nature of humans is at least in part influenced by their environment. The mode of production we currently see (capitalism) is part of our environment. Are not changed men the product of changed circumstances? Perhaps Marx himself would agree with both you and I here:
"The materialist doctrine that men are products of circumstances and upbringing, and that, therefore, changed men are products of changed circumstances and changed upbringing, forgets that it is men who change circumstances and that the educator must himself be educated. Hence this doctrine is bound to divide society into two parts, one of which is superior to society. The coincidence of the changing of circumstances and of human activity or self-change [Selbstveränderung] can be conceived and rationally understood only as revolutionary practice." — Karl Marx, "Theses on Feuerbach, III"
To "human nature" I say firmly: human society.
Ultimately, human nature derives from evolutionary biology, which in turn comes from fundamental aspects of game theory. That's why, if we contact aliens, I don't think they'll be as alien as some imagine: their society will be driven by the same fundamental generic imperatives that constrain our own and should be recognizable. We're primates, not pure energy beings that we can reprogram at will.
> Are not changed men the product of changed circumstances?
And changed circumstances also arise from changed men, all the way back to homo erectus. Human nature is mutable: genes and culture co-evolve, but with time lags far longer than a few generations that utopian social engineers imagine. Human nature does change over long time scales, but for our purposes, it's immutable.
Might some alternative organization of society do a better job matching our immutable-on-short-time-scales human nature to our technological environment? Sure: it's conceivable. But there's no reason to suppose that the particular forms of societal reorganization that utopians advocate fall into this category.
Historical evidence, on the contrary, suggests that collectivist societies are actually further from the optimum than our present structure, which we arrived at through millennia of trial-and-error and free choice. It's a unique kind of hubris to imagine that you can do better than the distributed choices of billions over centuries.
You're right: sociologists have "looked into" societal reorganization. So have biologists. When we listen to the biologists, we get elegant theories that make sense of both our observations and our failures to remake societies for the better. When we listen to the sociologists, we get the holodomor.
> To "human nature" I say firmly: human society.
We are not blank slates.
Nobody doubts this; my point is that our current mode of production has a very strong effect on how we go about our daily lives and the attitudes that it influences; we have overcome "human nature" in many circumstances, but that's irrelevant because it's clear that the way people behave is to do with how they are raised, what kind of attitudes are imbued in them; for Marx labour is not merely something that people do, but it's something that we do which makes us human; thus the changed characterstic of labour, which comes in through the base of society influences the superstructure. I don't know why you seem to be clinging so much to the idea that human nature is as we see it now; Fromm notes for example that "human nature" has changed, such as the arising of the general desire for fame that has only been seen since the 14th century. Yet many would say this is human nature. Do you not think that historical analysis is important here? Socioligists have more of a place to describe exactly what human nature is rather than biologists and the empiricists whose only data is restricted to what they can see here and now. This is too narrow.
>collectivist societies
Communism is the epitome of individualism, the free association of people. All society hitherto is collectivist by definition, man is not an island, he is formed and forms everything around him in the effort to make it non-alienated.
>which we arrived at through millennia of trial-and-error and free choice.
No. Capitalism is no more a natural phenomenon than the Russian revolution's spurred State socialism was. Look at the enclosure in Western Europe and the laws which led up to it, the functioning of the State and how its function has changed. Your idea that we are simply in a natural point which has not been forced in any way, that capitalism is the highest form of development, ignores that history is not linear, and that systems win because people push them. Capitalism comes in to the world 'soaked in blood' as Marx puts it.
>When we listen to the sociologists, we get the holodomor.
Analysis of our society does not bad economic planning and/or genocidal killing make. When we listen to sociologists we also get revolutionary Catalonia and universal health care in the civilised countries.
Communists have. Anarchists have. I know you're using the question rhetorically, it deserves an answer. Some say that it lies in praxis - the method in which lower-stage Communism is established; some say that it is because of Lenin's praxis, that is, Marxism-Leninism, not Marxism or Communism in general; some say that it is because the state must immediately cease during revolution (this is the position of the anarchists); some say that it is because of poorly maintained democratic models and incorrect transfers of power; some say that it is because of the action of counter-revolutionaries within the party.
It could also be what you said. But I do not think it is nearly as simple as you are making it; arguments have been advanced for the reasons I have mentioned. Where are yours?
I used to think that things would improve after the singularity. But Hannu Rajaniemi's novels have disabused me of those fantasies. It could well get worse. The masses become slave minds. Subprograms, basically.
So it goes.
In any functional communistic society I think that it would need to be taught from a young age in order to provide the populace with a near inate understanding of just how damaging selfish individual motivations can be (when applied on a global scale).
Russia and China were already democracies before the authoritarian parties took over. They could have peacefully taken control in elections if they were able to convince the voters. But instead they disbanded the legislatures and stopped having elections.
Russia was not[0]. One of the key reasons that laid foundations for revolution there was wide discontent of nobles and their arrogance towards common people.
https://en.wikipedia.org/wiki/Russian_Constituent_Assembly_e...
The authoritarians (bolsheviks) didn't like the results (thought the people weren't conscious enough yet to be trusted to be democratic) and disbanded the democratic assembly. Instead they used their own assembly made of up representatives indirectly elected via small local groups where they controlled the voting by force. Which caused a civil war in which the authoritarians won.
The authoritarians were just more organized and better at violence.
In the USSR this is exactly how things worked - you absolutely could not own .. stuff. I mean, you could buy shoes and those were your own shoes, but you couldn't buy, say, a factory. You couldn't buy land to build a factory. Heck, you couldn't buy land, period. You could not choose to live off the land, because all the land belongs to everyone^Wthe state. You worked where you were told (based on education), when you were told, the salary for your position was set in stone, and the fruits of your labour were divided fairly - half to the top members of the party, half again to the middle managers, half again to good friends, and the rest to all the other members of the party (everyone is a member of the party, not being a member of the party is illegal).
This form of government can work and if you remove the corruption element and actually manage it intelligently, it can work incredibly well, and I'll bet you a million dollars there are plenty of people who will love a form of government that removes all choice from their lives.
That said, the form of government, that is probably most close to what Marx envisioned, is maybe direct democracy, with corporations that don't have CEOs, but where decisions are taken again via direct voting (N.B. I might be talking out of my ass here). Those kinds of corporations do exist, but the practice hasn't caught on widely.
When you boil it down, we don't want people to be serfs. The ideal is that everyone captures the full value of their labour, without trampling over the rights of others, and that everyone has the opportunity to enjoy a high standard of living. Getting there requires a really careful balancing act, where you give the people in government just the right amount of power, so that factory owners &c. can't oppress their workers, while at the same time it's not so much as to swing back to an authoritarian system with monarchs and serfs. Currently we call this "democracy" and the economic system "capitalism", but I would like people to not think in magical words and focus on the actual essence of problems and solutions.
We have yet to try communist.
Actually we even have yet to try democracy.
All we manage to do now is a decent amount of freedom, comfort and peace for a lot of people in the same place. It is an achievement, but nowhere close to the terms we like to label our systems with.
In short, a great many Communists have not supported the Soviet CP nor the Chinese state, from their inception all the way to now. I've yet to see any evidence of an NTS fallacy.
I think the Khmer Rouge were communistic too - everyone became a farmer. The city people can't farm properly and died.
Communism is nothing about farming or peasantry - this was largely a Leninist invention to apply to the feudal society of pre-revolutionary Russia, and strengthened by Mao Tse-tung in the Chinese revolution. Marx, to my knowledge, had no support for the idea, nor did his contemporaries or predecessors.
Could it be that, if they talk in favour of it, they have a different idea of Communism to you? Modern Communist academics do, we must investigate the ontology of Communism; a good read on this is from Badiou, The Communist Hypothesis. Most modern academic Communists believe that we must search for what happened, how to prevent it and how to move past it, to say nothing of the various splinters and brothers in the Communist family tree - anarchism, Communailsm, democratic Socialism, etc.
If you do reading on Communist literature since about 1950 you'll see they have occupied themselves with this investigation, the very one you are accusing them of ignoring.
Join a large WeChat group
Offer to sell some drugs or talk about corruption of the party in the group
Basically send any group manager to prison... Just from your couch!
There are laws but we don't care, we live as we wish and we don't need other's permission.
However when it come to a group, or a company, you are right, there are laws just right for you.