Imagethief begs --
begs!-- the Chinese government to contact his
firm for professional PR help before they dig themselves any deeper a
hole on this Internet censorship issue. I realize, what with American
Internet firms on the eve of their populist pillorying by American
politicians, that this may make Imagethief appear complicit in the
crimes of the regime. Get over it. I am a flak after all, and therefore
exempt from your puny moral considerations.
I raise this issue today because, in the run-up to tonight's pose-a-rama
in Washington, everyone's spin machines are in high gear. That includes
the Chinese government, which has taken obvious care to ensure its
position is aired in English language press prior to the hearings, as
you can see from
this article, which occupied the top spot on the
China Daily website today:
'Regulation of Internet in line with world norms'
By Zhao Huanxin
Regulation of China's Internet is fully in line with international
practice, and the country welcomes foreign Web businesses to provide
lawful services, a top cyberspace regulator said yesterday in Beijing.
Liu Zhengrong, deputy chief of the Internet Affairs Bureau of the State
Council Information Office, also said Chinese people can access the Web
freely, except when are blocked from "a very few" foreign websites
whose contents mostly involve pornography or terrorism.
"Regulating the Internet according to law is international practice,"
Liu told reporters. "After studying Internet legislation in the West,
I've found we basically have identical legislative objectives and
principles."
The Chinese Government has been very "positive" in supporting the
Internet and has enacted only necessary legislation to support its
development, he said.
Answering a China Daily question on criticism in some foreign media of
Chinese websites deleting netizens' messages, Liu said it is a common
practice around the world to remove "illegal and harmful" information.
Some leading US websites, including those of Yahoo and The New York
Times, have explicit stipulations when it comes to posting messages in
forums, he said.
For example, The New York Times website says: "We reserve the right to
delete, move or edit messages that we deem abusive, defamatory,
obscene, in violation of copyright or trademark laws, or otherwise
unacceptable We reserve the right to remove the posting privileges of
users who violate these standards of Forum behaviour at any time."
Liu said "it is unfair and smacks of double standards when (they)
criticize China for deleting illegal and harmful messages while it is
legal for US websites for doing so."
There's more like this, and you can go read it if you really want. It's also carried on Xinhua.
Make no mistake. This was a message intended for US legislators
sharpening their rhetorical knives for tonight's symbolic sacrifice.
Liu's remarks have already been carried by the
New York Times
and other American news outlets. That's a shame for the Chinese
government, because this was a ham-fisted and indelicate set of
remarks, and Imagethief, always one to run with the comfort of the
crowd, wants to among the many bloggers who will no doubt be giving it
the fisking it so richly deserves.
First, this:
Liu Zhengrong, deputy chief of the Internet Affairs Bureau of the State
Council Information Office, also said Chinese people can access the Web freely,
except when are blocked from "a very few" foreign websites whose contents mostly
involve p*rnography or terrorism.
That would naturally include such filth and violence-drenched sites as
the BBC, Wikipedia, Blogspot, Amnesty International, Reporters Sans
Frontiers, etc. In fact, it is conceivable that Liu's statement is
factually accurate. Numerically speaking, most of the sites blocked may
indeed be p*rnography or terrorism related. But that doesn't make it
any less disingenuous. Sometimes it is the exceptions that are most
important. And, of course, China's diligence in blocking p*rn sites
seems somewhat lower than its diligence in blocking obnoxious political
content. Um, I hear.
Second, this:
"Regulating the Internet according to law is international practice,"
Liu told reporters. "After studying Internet legislation in the West,
I've found we basically have identical legislative objectives and
principles."
Yes, regulating the Internet according to law may very well be
International practice. It may even be that China has similar
legislative objectives and principles when it comes to most of that
regulation, such as enforcing widespread cultural norms (e.g. no child
p*rnography) and regulating online businesses such as e-commerce and
gambling. However the underlying principles are obviously different, as
can be seen in the drastically different ways in which Chinese and most
Western governments interpret the limits of constitutional guarantees
of free speech (yes, China cites a number of freedoms in chapter II of
its constitution).
There can also be similar broad objectives but vastly different
mechanisms for policing and enforcing them. For example, two nations
may enforce highway speed limits for the same reason: to increase road
safety. One may then issue speeding tickets and fines to drivers who
are caught breaking that law. The other may issue summary sentences of
life imprisonment and, for good measure, preemptively harass and
monitor people who own fast cars. Same objectives and principles,
somewhat different implementation.
Finally, this:
For example, The New York Times website says: "We reserve the right to
delete, move or edit messages that we deem abusive, defamatory,
obscene, in violation of copyright or trademark laws, or otherwise
unacceptable We reserve the right to remove the posting privileges of
users who violate these standards of Forum behaviour at any time."
Liu said "it is unfair and smacks of double standards when (they)
criticize China for deleting illegal and harmful messages while it is
legal for US websites for doing so."
I have to give Liu credit for a ballsy rhetorical move here. He has
gambled that no one reading that statement will notice the stupendous
gulf between individual, commercial publications enforcing their own
content standards on third party contributors (much as this blog does
in its comment section) and top-down government policy that decrees on
a nationwide level where the limits of acceptable discourse are, even
on people's own websites. One is matter of editing, the other is a
matter of basic freedom. The two should not be conflated. This may be
shining example of someone believing that the bigger the whopper, the
more people that will believe it. Breathtaking.
There is more, and it is equally subject to dissection, but these are the main points. Although it doesn't appear in the
China Daily article,
Rebecca McKinnon
also notes Liu's unintentionally funny (or creepy, depending on how you
look at it) invocation of America's current Internet policing regime.
But that's a topic for another day.
From the black-hat PR point of view, this is a bad move, poorly timed.
It serves more to remind American legislators about the differences
between China's and America's legal regimes than what is similar. It
would have been better for the Chinese government to take a back seat
until the hearings are over. As the Chinese are fond of pointing out,
no one likes another country interfering in their business. That's as
true of the US as it is anywhere else.
For the record, Imagethief continues to believe that, on balance, it is
better for American Internet firms to be in China than not to be, even
if they have to comply with Chinese content restrictions (or, put more
baldly, even if they have to comply with Chinese censorship
requirements). This is much more an issue of serving the interest and
feelings of American stakeholders than providing what is best for
Chinese citizens. For a lucid analysis of why this is, you may wish to
read
this post at Silicon Hutong.
This, by the way, was as true for me as it was for those who advocate
taking a much sterner line with the offending companies than I do. I
previously asked where the ethical horizon for US Internet companies
was, and if it existed in the absence of public scrutiny. As a customer
of Google, Yahoo and Microsoft, and a resident of China with Chinese
friends and subject to Chinese content controls, I really wanted to
know. Only now, in the glare of the spotlight, are the three companies
beginning to answer that question.
As I have pointed out before, much of this fallout has been a result of
poor communication by American Internet firms rather than poor business
practices. They waited until it was too late to explain in clear,
honest language why they were entering China, what concessions they
were willing to make to do so, and where they would draw the line at
compliance with China's censorship and policing regimes. They either
hoped this issue would go away, or they didn't know how to address it.
Now they are being forced to do so on the defensive, with potential
legislative and commercial consequences looming over them. And Mr. Liu
and China's State Council Information Office are not making their job any easier.
Other reading:
Asiapundit on the new Yahoo.
British online tech site
The Register on Yahoo's recent communications around this issue. And
also the FT (subscription).
Peking Duck's post on protests from within China, and Joseph Kahn's
IHT story
here.
American
government spin via CNN. More from CNN on the overall situation
here.
Danwei wonders if Liu's remarks are really an Onion satire, and gloomily admits that they are not.
WaPo's pre-hearing coverage.