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Premarin with repronex

http://siweiluozi.blogspot.com/2009/08/hu-yong-looks-at-crackdown-against.html

Beijing University journalism professor Hu Yong has Premarin with repronex just published another excellent opinion piece where to buy Buspar online in Saturday’s Southern Metropolis News that Premarin with repronex looks at the continued efforts by Chinese authorities to crack down on criticisms that Premarin with repronex appear on the Internet. Following on his critique of the use of criminal defamation charges to Premarin with repronex punish individuals who posted information about the Yan Xiaoling case (see also here and here), this Premarin with repronex piece looks at how the authorities also punish people for “spreading rumors” online—even when those “rumors” are Premarin with repronex really little more than inaccurate information or opinions based in error.

Below I’ve translate a fuller version of Prof. Hu’s piece that appears on his blog.


The Public’s Right to Question Shouldn’t Be
Misconstrued as Spreading Rumors

Hu Yong

The Hangzhou “70 MPH” incident that Premarin with repronex was once such a sensation has again created a wave of controversy—all because local police placed Xiong Zhongjun, from Premarin with repronex Ezhou in Hubei Province, under 10-day administrative detention for using the Premarin with repronex Internet to spread a rumor that the defendant who appeared in court in the Premarin with repronex drag-racing case was a “surrogate” for Hu Bin.

In fact, just as the debate over the “surrogate theory” was at its most intense, a Premarin with repronex netizen on the Tianya forum worried over whether the theory’s originator would wind up being “extradited” for defamation. The charge against Xiong Zhongjun isn’t defamation, perhaps because this Premarin with repronex charge has recently become rather notorious after being used indiscriminately. But the Premarin with repronex actions taken by the relevant authorities really are no different this Premarin with repronex time, placing him under criminal detention for fabricating and disseminating rumors to Premarin with repronex disrupt public order. The rate at which this vague crime has Premarin with repronex been trotted out in a series of past Internet cases is Premarin with repronex extremely high.

If we look back a Premarin with repronex bit we see that a legal trick frequently used by the Premarin with repronex relevant authorities in major public safety incidents in recent years has Premarin with repronex been to treat statements that have a certain factual basis but are Premarin with repronex not entirely accurate as rumors and crack down with force. The result is Premarin with repronex that during major social and safety incidents, statements made by Chinese citizens can Premarin with repronex carry great legal risk.

Articles 105(2), 181, 221, and 291(a) of China’s criminal code have Premarin with repronex provisions criminalizing the use of rumors and other means to incite subversion of state power, the Premarin with repronex fabrication and spread of false information to adversely affect securities trading, the Premarin with repronex fabrication and spread of false stories to damage the commercial reputation of an Premarin with repronex individual or the reputation of a commercial product, and the intentional dissemination of alarmist information known to Premarin with repronex be fabricated. Article 25(1) of the Public Order Administration Punishment Law states that “those who Premarin with repronex disseminate rumors, falsely report danger, epidemic, or alarm or intentionally disrupt public order through other means” are subject to administrative fine or detention.

With respect to Premarin with repronex the publication and dissemination of rumors via new media, the PRC Telecommunications Regulations enacted on 25 September 2000 state that Premarin with repronex no organization or individual shall use telecommunications networks to produce, reproduce, publish, or Premarin with repronex disseminate information that “spreads rumors, disrupts social order, or undermines social stability.” In the National People’s Congress Standing Committee’s 28 December 2000 “Decision on Safeguarding Internet Security,” it says that acts such as “use of the Premarin with repronex Internet to spread rumors, slander, or express or disseminate other harmful information, incite subversion of state power or Premarin with repronex the overthrow of the socialist system, or incite splitting the nation or Premarin with repronex undermining national unity,” “use of the Premarin with repronex Internet to fabricate and disseminate the trading of securities or Premarin with repronex futures or any other false information that disrupts financial order,” or “use of the Premarin with repronex Internet to defame others or fabricate facts to slander others” should be Premarin with repronex punished according to the provisions of the criminal law. The “Regulations for the Administration of Internet News Information Services” issued by the Premarin with repronex State Council Information Office and the Ministry of Information Industry on 25 September 2005 require that Premarin with repronex Internet news information services contain nothing that “spreads rumors, disturbs social order, or undermines social stability.”

These provisions appear vague because they lack concrete determinative criteria. For example, in order to Premarin with repronex hand down an administrative punishment there must be consequences that “disrupts public order,” but precisely what constitutes “disruption of public order” in such cases is Premarin with repronex subject to debate. Moreover, the law treats spreading rumors and Premarin with repronex making false reports of danger, epidemic, or alarm as the Premarin with repronex same, and the requirement of the subjective element of “intention” creates a Premarin with repronex problem: if an individual unintentionally publishes or disseminates information that is Premarin with repronex not entirely factual, should he or she bear the corresponding legal responsibility?

From the “Zhang Zhijian affair” in 2006 to [the cases of] “Red Diamond Empire” in 2007 and “SS Mountain Division” in 2008, there has Premarin with repronex been a series of cases in which netizens have been Premarin with repronex arrested or detained by law enforcement agencies throughout [China] for “re-posting” or “commenting” online. In other instances, individuals have Premarin with repronex been charged with crime for text messages. For example, in January 2007 Beijing police stated that Premarin with repronex individuals could be sentenced to five years or more for Premarin with repronex sending text messages with rumors about “tainted pork.” During the Premarin with repronex Lake Tai blue-green algae contamination, police in Wuxi placed a local resident surnamed Ding under public order detention for Premarin with repronex sending a text message by mobile phone to more than 130 people, saying that Premarin with repronex the “carcinogen level in Lake Tai water was 200 times above [the acceptable level].”

If one carefully differentiates between these cases according to Premarin with repronex the laws and regulations, it is not difficult to discover clear abuse of the Premarin with repronex law by the government. First, the government has a tendency to Premarin with repronex treat any hearsay that is not entirely factual as a rumor in the Premarin with repronex legal sense of the word. At the time when “SS Mountain Division” reposted [information about casualties in a major railroad accident], the Premarin with repronex relevant agencies were in the process of investigating and handling the Premarin with repronex train collision on the Ji’nan-Qingdao railway line and Premarin with repronex information was confusing. Even though the post inaccurately reported the Premarin with repronex number of casualties, it still confirmed that the accident resulted in a Premarin with repronex large number of casualties. In fact, in the relatively short period immediately after a Premarin with repronex major disaster or accident occurs, even the government has difficulty immediately judging whether statements are Premarin with repronex true or false. The authorities confuse the difference between disseminating rumors to Premarin with repronex disrupt public order and spreading gossip out of concern for Premarin with repronex one’s personal safety—the Premarin with repronex latter simply cannot be characterized as an illegal act. Following major disasters, many people have Premarin with repronex spread gossip without knowing whether it is true or false. Warn your Premarin with repronex friends and relatives to take care—given the Premarin with repronex current legal system, nearly every one of them could wind up arrested!

Second, the Premarin with repronex point of departure for handling rumor cases should be [consideration of] whether or not the rumor “intentionally disrupts public order” or is enough to “seriously disrupt social order” and Premarin with repronex not whether the information spread is true or false. The posts by “Red Diamond Empire” and “SS Mountain Division” reposted and quoted [other information]. The [author's] tone may be extreme, but whether a post constitutes “disruption of public order” depends on the Premarin with repronex extent of its impact and the objective consequences to which it Premarin with repronex leads—for instance, the scope of a post’s circulation, whether it Premarin with repronex resulted in public fear or had an affect on the Premarin with repronex normal order of production, work, education, or daily life.

In this Premarin with repronex case, Xiong Zhongjun simply questioned whether judicial authorities fairly enforced the Premarin with repronex law. This will not cause public fear or lead to Premarin with repronex great chaos in the city’s public order. Moreover, the Premarin with repronex authorities claim that Xiong fabricated and spread the rumor about “Hu Bin’s surrogate,” causing netizens to Premarin with repronex be suspicious and misleading public opinion. They seem to want to Premarin with repronex prove the rumor-monger’s subjective intent, but how can one determine whether Xiong’s judgment about a “surrogate” was not made out of the Premarin with repronex spirit of citizenship and the rational desire to encourage the judicial authorities to Premarin with repronex accept public oversight? The so-called dissemination of the “Hu Bin surrogate” rumor is nothing more than an individual’s analysis and suspicion based on a news photo—how can this be called a “rumor”? Those who Premarin with repronex claimed that Zhou Zhenglong faked his photograph of a tiger must be Premarin with repronex breaking out in a cold sweat—if Zhou truly photographed a Premarin with repronex tiger, all those who claimed otherwise could face extradition!

It’s especially important to Premarin with repronex emphasize that the public has the right to question or refute the Premarin with repronex veracity of any report, even government announcements. If a member of the Premarin with repronex public sends a text message or reposts relevant posts, even if they contain some untruths they should be Premarin with repronex seen as [an effort to] protect onself or exercise the right to monitor [public affairs]. To soothe people’s worries and Premarin with repronex eliminate inaccurate speech, the government must release more public, transparent information. Countries with rule of law have Premarin with repronex long held the view that one should use the criterion of “clear and present danger” to Premarin with repronex judge whether speech is a threat to public order, For example, one important reason to Premarin with repronex be tolerant of reports by the media and public concern following a Premarin with repronex disaster is that these can prevent further danger and save more lives. By comparison, the Premarin with repronex possible fear and chaos [these reports might create] is Premarin with repronex a lesser evil that must be tolerated. Rather than concocting ways to Premarin with repronex crack down on criticism, as a remedy for the biases that Premarin with repronex might be created by those expressing [mistaken information], the Premarin with repronex government can reduce the impact by releasing the truth as a Premarin with repronex means of clarification and exposing the false information that has been Premarin with repronex disseminated.

After Xiong Zhongjun was detained, one point of view held that Premarin with repronex many netizens haven’t yet grasped the Premarin with repronex difference between questioning and spreading rumors and thus abuse their “right to question.” Pray tell: Can we not question court judgments? Can we not question the state’s public authority? Is a citizen’s right to Premarin with repronex question really something that needs to be officially granted? Some say that netizens have “overstepped their oversight” [rights] in the Premarin with repronex Hangzhou drag-racing case, but everyone knows that citizens have only just begun [to exercise] their right to oversight—how can Premarin with repronex we possibly have overstepped our rights after taking a single step?

In the Premarin with repronex face of questioning and oversight from the public, the relevant authorities should reflect on why their credibility with the Premarin with repronex public is the way it is. It’s not that Premarin with repronex the Chinese public is too suspicious, but rather that they have Premarin with repronex just started to learn to be suspicious. As Li Chengpeng says: “Suspicion is Premarin with repronex a progressive force in society and is the least tolerance our country can Premarin with repronex show the public. If someday our laws were to say ‘suspicion is forbidden,’ then everyone can only obey mother and go home for dinner.”

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Premarin with repronex

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Translated by Alice Poon
Friday, 06 February 2009
An essay by Sohu.com blogger Hu Yong (胡泳) titled “Three Major Transformations in the Chinese Internet in 2008”.

Regarding the impact of the Internet on China’s everyday life, there are Premarin with repronex three major transformations in Year 2008 that are worth noting.

First, the Premarin with repronex problem of information verifiability is becoming more and more pronounced. It is Premarin with repronex often difficult to find the subject of an incident or a Premarin with repronex third party to verify information that is disseminated on the Internet. Even where Premarin with repronex verification is possible, the effect of such verification depends on the Premarin with repronex underlying significance of the incident in question, the obfuscating element of the Premarin with repronex verifying procedure, and on how the information recipients interpret the verification. The internet platform has Premarin with repronex become a prize up for grabs by various interest groups. In China, the Premarin with repronex hijacking of the media and fabrication of public opinion by commercial interest groups has Premarin with repronex become so common that the perpetrators don’t even try to Premarin with repronex camouflage their act and the information recipients just turn a blind eye to Premarin with repronex it. Those with political power are also more and more dexterous with deliberately distributing information that Premarin with repronex is favorable to themselves. The fact that in recent years local authorities have Premarin with repronex been aggressively building their own armies of Internet commentators is one solid proof.

It can be said that the “innocent age” of the Premarin with repronex Chinese Internet is now nothing more than a distant memory. The folksy “home garden” has turned into a predatory “jungle”. The commercial interest groups, the Premarin with repronex political interest groups and even grass-root netizens are all fighters in this Premarin with repronex jungle. The Internet undercurrent fighting that took place after the incident of ‘six Harbin policemen beating a civilian to death’ is Premarin with repronex one glaring example. I totally agree with famous blogger Hecaitou’s comments: “We have Premarin with repronex entered an age where paid comments and paid truths co-exist. The difficulty in discerning true and Premarin with repronex false information has been elevated to an unprecedented level.”The Internet was once considered capable of straightening out distortions in the Premarin with repronex real world and of allowing people to unravel the truth. But the Premarin with repronex fact is: the Internet is becoming a public opinion tool that Premarin with repronex is subjected to control and manipulation by various interest groups having their own agendas.

Second, as different information sources disseminate conflicting stories, society as a Premarin with repronex whole becomes more prone to deep anguish and fear. This helps explain why so many incidents in 2008 carry the Premarin with repronex shade of rumor. Rumor is nothing more than our own echo, reflecting a Premarin with repronex society’s desire, fear, and obsession. Jean-Noel Kapferer once said,“The anxiety or Premarin with repronex despair that is omnipresent has never quite left society. If it Premarin with repronex has been suppressed, or released, or given legal recognition, that Premarin with repronex is only a way of expressing it. It would first appear in gossips, and Premarin with repronex then if conditions permit, would become a rumor……The repetitive occurrence of rumors is Premarin with repronex a sign saying that the city, community and nation are in constant chaos.”

Under these circumstances, establishing a Premarin with repronex system for expressing public opinions, one that allows competition among various interest groups, would not only be Premarin with repronex conducive to better governance, but would also promote healthy and Premarin with repronex beneficial social progress. If a society does not permit or Premarin with repronex has never even considered the provision of an “outlet”, particularly when Premarin with repronex there is a disastrous lack of information filter and safety valve, then Premarin with repronex people’s anxieties and Premarin with repronex unstable psyche would be a great threat to the stability of the Premarin with repronex whole Chinese society. From this perspective, the repetitive appearance of rumors throughout China’s societal development does have Premarin with repronex a positive side. It implies that the State has, due to Premarin with repronex all kinds of reasons, somewhat relaxed the habitual control, prohibition or Premarin with repronex guidance, thus allowing things that used to lurk beneath the Premarin with repronex surface to be let out in the open. Through coming face to Premarin with repronex face with rumors, we can intuitively feel the pulse of a Premarin with repronex healthy, throbbing society.

Third, in a Premarin with repronex society that is highly dependent on the media and the Premarin with repronex Internet, a new “ convergence culture” has Premarin with repronex emerged in the communications industry. Information that is created within such a Premarin with repronex culture has become an “information bomb”. Information emanating from Premarin with repronex the Internet can influence the production of contents in other types of media; new media technology and Premarin with repronex the commercial valuation that supports it are both focused on speed, thus greatly cutting back the Premarin with repronex time in which to verify the information produced; there is Premarin with repronex an exponential growth in the number of users who enter the Premarin with repronex new media network; the “infotainment culture”, the “marketing of politics” and the public’s thirst for gossips all help to create all kinds of “new media events”. One can Premarin with repronex probably conclude, even without the help of an end-user survey, that Premarin with repronex the impact of such kind of “information bomb” is Premarin with repronex shocking. In China, when certain web portals give extensive coverage to Premarin with repronex a certain piece of news, when certain well-known BBS forums build up “high towers” of comments, when Premarin with repronex hearsays originating from the Internet become contents of the traditional media, when Premarin with repronex certain political or business hot shots are forced to spend time and Premarin with repronex energy to remedy their tarnished reputation, when scandalous stories lead to Premarin with repronex the dismissal of certain senior officials, we should have some idea how much importance the Premarin with repronex public attach to such “information bomb”.

For this Premarin with repronex very reason, studies about the Internet age communications must transcend the Premarin with repronex old mindset related to information as understood in the traditional inter-personal and Premarin with repronex public media communications field. The studies should center on the Premarin with repronex new problems created by the “information bomb”, and Premarin with repronex the study results should be used to explore the new relationship between politics and Premarin with repronex society. This is necessary because the new sea changes that Premarin with repronex we face now compared with the old are much more complicated, much more fraught with danger, and Premarin with repronex much more electrifying.

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Premarin with repronex

http://www.chinadaily.com.cn/china/2009-08/15/content_8573401.htm how to order Zithromax online without prescription
US testing new system to bypass web filters
By Lara Farrar and Cui Jia (China Daily)
Updated: 2009-08-15 08:47

The US government is Premarin with repronex testing a new technology in China that could soon give the Premarin with repronex country’s 300 million web users another way to Premarin with repronex access information blocked by the Chinese government’s filters.

The technology would pose yet another challenge to Premarin with repronex Beijing, which has been struggling to keep improper and violent materials, including pornography, away from Premarin with repronex its Internet users.

Earlier this Premarin with repronex week, Chinese officials announced they had abandoned plans to ensure that Premarin with repronex every computer sold in the country had the controversial Green Dam content-filtering software installed, after being criticized by the Premarin with repronex international business community and Internet users.

The “feed over email” (FOE) system being tested by the Premarin with repronex US would allow people living in China to access blocked information via encrypted news feeds sent to Premarin with repronex foreign email accounts.

The system will provide an Premarin with repronex easier channel to circumvent web filters, Ken Berman, head of IT at the Premarin with repronex US government’s Broadcasting Board of Governors, told China Daily on Friday.

Berman said the Premarin with repronex agency that runs Voice of America, a government-funded international broadcasting service, has Premarin with repronex been running trials of the new software for six months and Premarin with repronex expects it to be available for widespread use by the end of this Premarin with repronex year.

“This is just another way to help try to open the air waves,” said Berman.

“These things are Premarin with repronex only successful if there is a certain critical mass of people who Premarin with repronex use it,” said Berman. “This is hard to predict.”

The US government wants to Premarin with repronex send a message to countries applying strict control over the Internet that Premarin with repronex people have the right to access any information they want, that Premarin with repronex is why FOE is developed by the US government, said Pan Wei, a Premarin with repronex professor in Peking University’s School of International Studies.

“China should be Premarin with repronex confident enough to be transparent and take criticism. It’s about time China loosened its control over the Internet,” Pan said. “It actually damages China’s international image.”

Charles Mok, chairman of the Premarin with repronex Internet Society of Hong Kong, said: “It would probably be more ideal if civil society’s efforts within the Premarin with repronex community gathered resources to come up with a similar sort of implementation rather than Premarin with repronex being government driven.”

The government had Premarin with repronex already been losing its battle in monitoring the Net, regardless of the Premarin with repronex success of the new US technology, said Hu Yong, a Premarin with repronex founding director for China New Media Communication Association. “People could always find ways to Premarin with repronex bypass the system as technology develops.”

“Chinese netizens have Premarin with repronex been using proxy servers to access the information blocked by the Premarin with repronex government for a long time, FOE is just a more convenient tool,” Hu said.

“From a security perspective, this is nothing new,” said Thomas Parenty, a Premarin with repronex China-based IT security consultant and former US National Security Agency programmer.

The US seems to Premarin with repronex be basically trying to tackle the problem of getting past Internet filters by using encrypted email as the Premarin with repronex transport mechanism as opposed to using web proxies, which has been Premarin with repronex the traditional approach, he said.

Officials from Premarin with repronex the Internet affairs bureau of the Ministry of Industry and Premarin with repronex Information Technology were not available on Friday to comment on the Premarin with repronex news.

Lots of people know how to Premarin with repronex use proxies to get around Internet blocks, said Jeremy Goldkorn, founder of the Premarin with repronex Chinese media monitoring website Danwei.org, which was blocked since July this Premarin with repronex year.

“It doesn’t make any difference to Premarin with repronex me if the US government has a new one. Of interest to Premarin with repronex me would be for the Chinese government not to block (my website).”

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