Subversive Email in China

Dateline 01/25/99

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

Universal Declaration of Human Rights
Article 19

Communication and Power

The Internet and email are very powerful means of communication. They are means of communication, not the content of communication.

This is why communication channels are always interesting for political powers. It is not by chance that the radio station is the most fought for building in a city shattered by civil war, it is not by chance that the Nazi had a "Volksempfänger" and forbade listening to foreign stations with draconic (and often unpredictable) punishment.

In the hands of political enemies communication channels can become dangerous for those in power. A strong worker's movement was possible when it had means of communication on its hands.

China

Naturally, China is concerned about the Internet and email. China -- the historians say -- has always been a giant satisfied with(in) itself. Email connects the world.

This is a big chance, and China's economy wants to take it (China's government wants it to be taken). But it also means that dissidents can communicate, that political activists within China can get in contact with them and with each other easily; human rights organizations can get informations.

China is anxious about this possible "subversive" use of the Internet. A recent trial shows this.

Lin Hai

On January 20, Lin Hai, a Chinese software entrepreneur, has been sentenced to two years in prison for subversion. Lin had given 30,000 Chinese email addresses to VIP REFERENCE, a dissident publication run by Chinese pro-democracy activists in the US.

Lin denied any subversive intentions and said business relations were the reason for handing over the email addresses to VIP REFERENCE.

An Example

Apparently, China has used Lin's case as an example to show it will not tolerate the Internet to be used in any other way than the state-intended. Accusing Lin Hai of subverting the state is a signal that follows reports of China trying to monitor email use.

This is the first time, however, that a Chinese court has ruled on email being a threat to the integrity of the state. Human Rights Watch (HRW) classified the sentencing of Lin as a violation of freedom of expression. This right is guaranteed by the International Covenant on Civil and Political Rights, a treaty recently signed by China, and the Chinese constitution itself.

Interestingly, HRW does not only want human rights organizations to protest the ruling but also the computer industry. Particularly, Human Rights Watch is thinking of companies interested in expanded use of the Internet.

In this case, particular interests and the "good case" may mix well. But this is not necessarily so.

Another Example

Computer game maker ION Storm has subpoenaed a reporter. They want her to reveal email messages that she used in a critical story that gave a negative picture of the company's business situation.

The state has the duty to protect the right of freedom of expression.