Internet repression in Vietnam continues as 30-month prison sentence for blogger is upheld

(Image: RFAVietnamese/YouTube)

Le Quoc Quan (Image: RFAVietnamese/YouTube)

The 30 month prison sentence for Vietnamese human rights lawyer and blogger, Le Quoc Quan, was today upheld by a Hanoi appeals court. Quan, who has frequently blogged about human rights violations by the government, was convicted in October 2013 on tax evasion charges. He has been arbitrarily detained since December 2012. A crowd of hundreds wearing t-shirts in support of Quan were present outside the court, while a European Union delegation, representatives from the United States and Canada and a small group of journalists were present at the trial. This is just the latest move in the Vietnamese authorities’ ongoing attack on dissent, free speech, free press and a free internet.

If you need to communicate with someone the Vietnamese government is interested in keeping an eye, it is always been useful to be careful. Phone conversations can be listened to. Meetings at houses could be watched. Protests are invariably filmed by government operatives. If you were going to, say, chat via Gmail’s chat function it should be switched to “off the record” to prevent a copy of the discussion being archived. Some unlucky people have seen their blog posts traced to the internet cafe they’ve later been arrested at. If you are a dissident you won’t be the only one the police are interested in; they’ll talk to your family, friends and employers, too. The latter they may ask to dismiss you.

It is Vietnam Ministry of Public Security conducts this surveillance work, while the Ministry of Information and Culture drafts many of the laws regarding internet usage and “abuse”. And it is most likely a unit within the MPS that is responsible for these, and earlier, malware attacks.

Much of the surveillance and intimidation is hardly new; similar operations took place during the Terror in the USSR. In fact, the CIA has compared the MPS with Russia’s KGB. The KGB of comrade days, however, never had to deal with the vastness of the internet. The government owns every newspaper and printing press in the country, but it has few serious servers, making control of the internet difficult. It does not stop them from trying.

In January the Associated Press in Vietnam reported on malware attacks against one of its journalists, against an American-Vietnamese blogger and against the Electronic Frontier Foundation (EFF). These are certainly not the first of their kind but may have been the first directed against those on foreign shores. The private correspondence of Vietnamese-American blogger Ngoc Tu was posted on her blog after someone — supposed, but not verified to be the Vietnamese government — sent her an email with a link that installed malware and key logging software giving the sender access to her password and her email account. The Associated Press reporter was a sent an email purportedly from Human Rights Watch with a link to a ‘white paper’ on human rights.

Vietnam’s internet history: Enthusiasm and repression

Vietnam’s relationship with the internet has not been simple. The government has always been enthusiastic about the internet and the wholesale benefits it could, and has, brought to the nation. Though classified as an “enemy of the internet” by Reporters Without Borders for its blocking of websites and arrests of bloggers and journalists, Vietnam’s communist government has done an awful lot to ensure good internet access.

But the country’s vibrant internet culture is a direct result of government guidance and intervention. Vietnam has long valued literacy and learning and according to Professor Carlyle Thayer at the Australian Defence Force Academy, the government believed that the “knowledge era” was key to the nation’s economic development. The internet helped to provide that and greater world integration, something they have been increasingly keen for since Doi Moi in 1986 when the country began a period of economic renovation, shunning its former isolationist politics.

Twenty years ago the Vietnam Communist Party (CPV) noted three dangers facing the country: corruption, deviation from the socialist path and falling behind. The internet was seen a perfect way to engage more with the world. A 2011 report by market research firm Cimigo, headquartered in Ho Chi Minh City, says: “Vietnam has seen a more rapid growth of the internet over the last few years than most other countries in the region and is one of the fastest growing internet countries in the world… Since the year 2000, the number of internet users in Vietnam has multiplied by about 120.”

However, the government misjudged, believing control to be easy, and circumventing its block beyond the ken of its citizens.

Putting the genie back in the bottle

There are three main laws bloggers, activists and others the state dislikes are charged under. Criminal Code Article 88 relates to “conducting propaganda against the state”. This is the one most often used — both draconian and helpfully vague. Then there is Article 258, relating to “abusing democratic freedoms”, and Article 79 covering “activities aimed overthrowing the Communist Party of Vietnam and People’s Socialist Republic of Vietnam”.

However there have also been numerous internet laws drafted, largely aimed at keeping citizens’ net activities restricted to useful research or harmless entertainment. An August 2001 law imposed “stringent” controls and required net cafe owners to report breaches to relevant authorities and to collect ID from their users. An August 2005 law criminalised using the internet to oppose or destabilise the state, security, economy or social order, infringe on the rights of organisations or individuals, or mess around with Domain Name System (DNS) settings — something many Facebook users started doing in 2009. In October 2007 the Ministry of Information and Culture issued a decision requiring all businesses to obtain a license before setting up a website. This has stymied growth in some ways, as it is only now that businesses are as present online as individuals.

In August 2008 Decree 97 made it illegal to “abuse” the internet to oppose the government. What got more attention was Circular 7, restricting bloggers to cover only personal, not political, topics. At the time blogging was a favoured pastime in Vietnam, Yahoo! 360 the favoured platform. Interest in blogging and blogs in general has since waned significantly. According to Cimigo, in 2009 40 per cent of internet users visited blogs and 20 per cent blogged themselves. By 2011 those numbers had halved as people increasingly moved to social media sites like Facebook.

It was the quiet block of Facebook in 2009 that caught the world’s attention. The government never mentioned a ban publicly though a purported scan of instructions to ISPs to block the site did rounds online. As the government never said much, Vietnam’s legion of Facebook users simply muttered something about “technical problems” as they “fixed” the DNS settings to access the site.

What led to the Facebook block was the organising between previously disparate groups against Chinese-run bauxite mines in the Central Highlands of Vietnam — an already ecologically and politically sensitive area. Catholics, activists, environmentalists and anti-China activists all united via Facebook to protest the mines. In 2010 the government tried to launch its own social networking site (which led to headlines such as ‘In Communist Vietnam, State Friends You’), go.vn, where users had to provide their full names and ID card details, but could also “friend” communist luminaries. The Minister for Culture and Information Le Doan Hop praised the site’s usefulness for young people and promotion of “culture, values and benefits”.

In 2010 came a decision requiring all public hotels to install Green Dam monitoring software. Theoretically it allowed the government to see what was being looked at, possibly by whom and take appropriate steps. In fact decision 15/2010/QD-UBND was something of a paper tiger; many pointed out how such a piecemeal and scattershot approach would have limited utility and could be wholly circumvented by any serious activist, though rights organisations took the appropriate potshots as a matter of course.

In 2010 a ban was put in place, ostensibly on all online gaming between 10pm and 6am, to combat gaming addiction. However, it was never fully possible to enforce thanks to most popular games being hosted by overseas servers.

The most recent attempts at curbing net use via legislation has been Decree-Law 72 on Management of the internet which formally came into effect in September 2013. Like many laws it is confusing and vague enough to be useful for any enthusiastic government prosecutor. Among other things it banned the sharing of news online. Or, rather, it banned the aggregation of news onto websites. The government took the time to publicly respond to the flurry of foreign concern and the head of the Ministry of Information and Culture’s Online Information Section protested to Reuters that the law did not violate any of Vietnam’s human rights commitments. “We will never ban people from sharing information or linking news from websites,” he said, arguing it had been misinterpreted.

There has been talk that Decree 72 was also designed to protect intellectual property, as violations have long been problematic and go far beyond dollar copies of new Hollywood films on DVD. One of the things 72 supposedly sought to do was prevent websites re-posting news from its original source with no attribution and thus make things easier for news sites whilst also laying groundwork for membership of the Trans Pacific Partnership in regards to intellectual property protection.

The more interesting requirement was that ISPs locate servers, or at least one, within Vietnam and deliver information on users to the government, rather as internet cafes have been required to do. They were also required to take down anything contravening laws. However Vietnam’s most trafficked sites do not have servers within Vietnam and with such new laws do not entirely see the point, either. Indeed there are not many substantial servers located there at all, and bloggers who fear the law usually host their blogs overseas in any case. Should the government instruct local ISPs to block say, Google, many will simply respond again to “technical difficulties” by readjusting their settings.

Peaceful evolution, draconian repression 

The threat of peaceful and not so peaceful evolution hangs heavily over the heads of those in power in Hanoi.

Vietnam is regularly excoriated for its human rights record which generally means the way the nation locks up its dissidents, bloggers, religious leaders. Even US President Barack Obama made mention of blogger Dieu Cay’s ongoing detention, ostensibly for tax reasons.

According to Human Rights Watch there were at least 63 political prisoners convicted in Vietnam last year. And yet, as Professor Thayer said in a 2011 paper: “Great effort is put into monitoring, controlling and restricting Internet usage. The enormity of resources devoted for these purposes contrasts with the comparatively small number of political activists, religious leaders, and bloggers who have been arrested, tried and sentenced to prison.”

Though the numbers have increased since the above was written there is still little mass organising in this area, and large scale protests tend to be over more concrete issues: workers’ rights and wages or land grabs. However those considered potentially subversive are closely monitored, watched by both a physical presence and an online one.

Actual harassment of bloggers and their families has been common over the years. Most famously, mother of Vietnamese blogger Ta Phong Tan set herself on fire outside the Bac Lieu People‘s Committee building in the Mekong Delta in July 2012, in protest at the way her daughter had been treated.

Within the MPS are units that monitor all forms of communication and there are records of the country purchasing more complicated surveillance equipment. According to the same 2011 paper by Professor Thayer, Vietnam by 2002 had the Verint call monitoring system. Verint, a US company, supplies over 150 nations and 10,000 organisations with varied forms of security and monitoring equipment.

China in the 1990s also offered technical assistance to “monitor internal threats to national security” to the General Department II. The military also collects intelligence related to national security and with attention paid to those, abroad or within Vietnam, who “plot or engage in activities aimed at threatening or opposing the Communist Party of Vietnam or the Socialist Republic of Vietnam”.

General Department II not only, arguably, watched dissidents but also tapped senior party officials in an incident of usually opaque factionalism that later came to light.

There have been many attacks against varied blogs and websites; 16 starting in 2009 and intensifying in April of the next year. Varied activists came under fire: Catholics discussing land issues — there have been ongoing spats between Catholics and the state over land grabs — as well as environmentalists and political agitators. Sites allied to the anti-bauxite movement were also hit. IP addresses were allegedly traced back to within Vietnam and to addresses connected to the military. The attacks, verified by McAfee and Google, were botnet attacks where spyware hid in seemingly innocuous Vietnamese language keystroke software (though a Romanised alphabet Vietnamese has 29 letters and many diacritics). Neel Mehta, a security expert with Google, wrote in a blog post that: “While the malware itself was not especially sophisticated, it has nonetheless been used for damaging purposes.”

Vietnam joining the “technology race”? 

That Vietnam has taken up the internet quickly and with great passion is beyond dispute but there are still gaps in the industry. Everyone may be using Google but few local businesses are profiting from the web and mobile boom.

Bryan Pelz, an IT developer, says there is “no means for direct monetization”.

“The banking industry and regulatory environment hasn’t taken strong steps to lay the groundwork for easy online payments. Essentially nobody has credit cards. If you’re building a website and hope to charge users or make a living off of advertising, it’s a tough road in Vietnam.”

And despite talented hackers and software engineers — Flappy Bird was designed by a Vietnamese engineer — with experience and skill comparable to the rest of Asia, software isn’t considered a hugely lucrative field, according to Pelz.

Of those aged 15 – 24, according to Cimigo, 95 per cent are online and spend over two hours each day on the web, via internet cafe, desktop or phone. Ninety five per cent use it for news. Google remains the top rated site in Vietnam, followed by local entertainment hub Zing. News sites Dan Tri and Tuoi Tre also feature, as does Yahoo!, Facebook and YouTube.

Last year a Russian-backed challenger to Google called Coc Coc (knock knock) opened shop. It has aimed to take some of Google’s 97 per cent market share, the reasoning being that Google had no offices in Vietnam and did not have algorithms well written enough to understand Vietnamese well. Unlike other startups it was backed with serious investment and a staff of over 300, according to the AP.

A recent article in The Atlantic reported that Vietnam’s Ministry of Science and Technology has sponsored something called the Silicon Valley Project which aims to push Vietnam to be more than a simple producer of electronic parts (Intel has a 1 billion USD plant in the country) to a tech powerhouse with a strong startup industry and innovative firms. The recent success of Flappy Bird — one of the most downloaded apps ever —  is seen as evidence of Vietnam’s larger potential.

Indeed the Silicon Valley Project’s mission statement is not dissimilar to the Communist Party’s mid-1990s ideas about the upcoming “knowledge era”: “This is the time for Vietnam to join in the technology race. Countries which fail to change with this technology-driven world will fall into a vicious cycle of backwardness and poverty.”

This government-backed and sanctioned creativity and entrepreneurship has been lauded, though it’s also been pointed out how it may rather clash with many of the internet restrictions set out in varied laws, such as Decree 72. Of course Vietnam’s ministries do not always march in-sync and what the Ministry of Information and Culture believes to be good may clash with a more pro-tech Ministry of Science and Technology.

The confirmation today that Le Quoc Quan is facing 30 months behind bars, does not bode well for the future of internet freedom in Vietnam.

This article was published on 20 February 2014 at indexoncensorship.org

Twenty five years under the fatwa

the-satanic-verses-600

Inna Lillahi wa inna ilaihi raji’un. I am informing all brave Muslims of the world that the author of The Satanic Verses, a text written, edited, and published against Islam, the Prophet of Islam, and the Qur’an, along with all the editors and publishers aware of its contents, are condemned to death. I call on all valiant Muslims wherever they may be in the world to kill them without delay, so that no one will dare insult the sacred beliefs of Muslims henceforth. And whoever is killed in this cause will be a martyr, Allah Willing. Meanwhile if someone has access to the author of the book but is incapable of carrying out the execution, he should inform the people so that [Rushdie] is punished for his actions. Rouhollah al-Mousavi al-Khomeini.”

On 14 February 1989, 25 years ago today, the supreme leader of the Islamic Republic of Iran handed down a death sentence not just on British author Salman Rushdie, but on anyone associated with the publication of his novel the Satanic Verses.

It’s always worth writing down exactly what happened. A medievalist tyrant decided a novelist and his editors and publishers should die, because he was offended by a book he could not claim to have read.

Rushdie went into hiding. Hitoshi Igarashi, the novel’s Japanese translator, was murdered. Because he had translated a novel.

The controversy did not begin with Khomeini – he merely attempted to capitalise on it. No, the first countries where the book stoked the ire of Islamists were South Africa and India, both countries whose divide-and-rule laws (the Indians’ law inherited from British colonial law, the South Africans’ in a diabolical league of its own) meant it paid to promote communal grievance.

Khomeini’s fatwa seems, in hindsight, a desperate bid to distract the people of Iran, and the rest of the Muslim world, from the fact that his reign, about to end, had been a disaster. Iranians had hoped their 1979 revolution would deliver them from the oppression of the Peacock Throne. Instead they just found their oppressors had simply grown beards.

The disaster was not entirely of Khomeini’s own making, perhaps. He could not be blamed for having the equally psychopathic Saddam Hussein as a neighbour, but nonetheless, he had sent hundreds of thousands of Iranians to their death, promised martyrdom as they marched into Saddam’s poisoned gas during the Iran-Iraq war that raged for almost the whole of the 1980s.

The Iran Iraq War ended in 1988. Neither side could legitimately claim victory. The Islamic Republic had not swept all before it. And Khomeini needed something new to establish his Shia theocracy as the leader of the Islamic world. He found it in harnessing the mounting anger over Rushdie’s book.

In Britain, this was the moment for political Islam. Young second generation South Asian Islamists exploited their parents’ folk memories of anti-Muslim violence during the torturous period before and after partition in 1947 (the subject of Rushdie’s great work, Midnight’s Children) to mobilise Muslims against Rushdie.

Inayat Bunglawala of the Muslim Council of Britain wrote in 2007:

So on February 14 1989, when the Iranian Islamic leader, Imam Khomeini delivered his fatwa calling for Salman Rushdie’s death, I was truly elated. It was a very welcome reminder that British Muslims did not have to regard themselves just as a small, vulnerable minority; they were part of a truly global and powerful movement. If we were not treated with respect then we were capable of forcing others to respect us.

Yusuf Islam, formerly known as cuddly hippy musician Cat Stevens, told a television audience at the time that he felt Rushdie deserved to die. Some on the British right were pleased, seeing the death sentence as comeuppance for a man who was a vicious critic of the racist establishment.

Khomeini is dead and Rushdie is a knight of the realm (though some, such as Shirley Williams, considered that elevation in 2007 unwise). But it is perhaps on those grounds only that victory can be claimed for free speech. As Kenan Malik has suggested, writing for Index on Censorship, we live still in the “shadow of the fatwa”.

Religious sensitivity has become an excuse for threats. “Offence” is something to be taken greedily, and then pumped back out with a mixture of aggression and self pity.

And the shadow of that fatwa does not only fall on Islam. Every zealot of every creed will now offer up special pleading for their right to be protected from mockery, debate and challenge with the line “You wouldn’t say that about Islam.” What they mean, always, is “We want you to be scared. We want you to be as scared as Salman Rushdie was when he received that threat. We want you to be so scared that you will never question our literalism, our version of events. Truth is ours and ours alone.”

Rushdie’s friend, the late Christopher Hitchens, wrote that the fatwa represented “an all out confrontation between the ironic and the literal mind: between every kind of commissar and inquisitor and bureaucrat and those who know that, whatever the role of social and political forces, ideas and books have to be formulated by individuals”.

That struggle goes on.

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Five things banned from university campuses

1. The Flying Spaghetti Monster

The poster, used by the London South Bank University's atheist society, was banned by student union officials (Image: DavidPWFreeborn/Twitter)

The poster, used by the London South Bank University’s atheist society, was banned by student union officials (Image: DavidPWFreeborn/Twitter)

In the most recent incident of student-orchestrated censorship, a poster promoting a university society, which depicts God from Michelangelo’s famous Creation of Adam as a flying spaghetti monster, has been banned from public view.

Members of London South Bank University’s atheist society put up the poster last week as part of a freshers’ fair stall; it was later reportedly removed by student union officials for being “religiously offensive”, with the society’s stall taken down the following day.

The Church of the Flying Spaghetti Monster has been used by atheists as a satirical way of criticising beliefs in a supreme being, first appearing in American schools in 2005. The anti-religious statement has since caught on at British universities.

2. ‘Jesus and Mo’ t-shirts

Members of the London School of Economics atheist society were told to cover up their t-shirts depicting the cartoon 'Jesus and Mo' during a freshers' fair. (Image: AuthorJ&M/Twitter)

Members of the London School of Economics atheist society were told to cover up their t-shirts depicting the cartoon ‘Jesus and Mo’ during a freshers’ fair. (Image: AuthorJ&M/Twitter)

Another atheist society, another fresher’s fair, and another case of a university smothering the free speech of its students. This time, members of the London School of Economic SU Atheist, Secularist and Humanist Student Society were banned from wearing t-shirts depicting images from the controversial ‘Jesus and Mo’ cartoons in October 2013.

According to members of the society passers-by had complained to SU staff about their t-shirts and several pieces of literature. They were told by a member of the LSE Legal and Compliance Team and Head of Security said that the t-shirts could be considered “harassment”, as it could “offend others” by creating an “offensive environment”. The t-shirts were unwillingly covered up.

In response to the fiasco the creators of the cartoon produced a new comic strip. The university also made a public apology in December.

3. Robin Thicke’s Blurred lines

Robin Thicke's Blurred Lines song has been banned in at least 20 student unions after it was released in March 2013. (Image: George Weinstein/Demotix)

Robin Thicke’s Blurred Lines song has been banned in at least 20 student unions after it was released in March 2013. (Image: George Weinstein/Demotix)

First it was the University of Edinburgh, then Leeds University followed suit. Now, around 20 university student unions across the UK have banned the playing of Robin Thicke’s song Blurred Lines .The chart-topping hit, featuring Pharrell Williams, T.I., and an original music video deemed too risqué for YouTube, has been accused of being “rapey” and includes the lyrics “Talk about getting blasted, I hate these blurred lines, I know you want it, but you’re a good girl, the way you grab me, must want to get nasty.”

The Guardian might be on the right track with their claims of Blurred Lines being the most controversial song of the decade but should universities really be allowed to dictate what their students listen to?

4. People

George Galloway attends an anti-war rally in 2011 (Image: Paul soso/Demotix)

George Galloway attends an anti-war rally in 2011 (Image: Paul soso/Demotix)

It’s not just posters and protests that have been banned by universities- in some instances people, usually those scheduled to speak at a university-held event, have been informed it would not be acceptable for them to participate. For instance, an invitation for MP George Galloway to speak at an event by the University of Chester Debating Society was revoked by the student union under the National Union of Students’ No Platform policy . Galloway had recently been involved in several controversial incidents, including refusing to debate with an Israeli Oxford University student during a panel discussion panel as well as referring to the Julian Assange rape allegations as merely “bad sexual etiquette”.

Several other speakers have been denied attendance to university lectures and debates.

5. Student protest at London universities 

Students defy the protest ban imposed by the University of London to speak out against the privatisation of university support services. (Photo: Peter Marshall/Demotix)

Students defy the protest ban imposed by the University of London to speak out against the privatisation of university support services. (Photo: Peter Marshall/Demotix)

Although not a ban implemented by a student union, as of December 2013 at least four London-based universities have banned student protests on campuses for six months. The offending universities- University College London, the School of Oriental and African Studies (SOAS), Birkbeck and the London School of Economics- announced that any students found holding sit-in protests in an area of Holborn, which includes a student union and the buildings of SOAS and Birkbeck, would face imprisonment.

The injunction on student protests by the University of London was passed by the High Court in-light of violent clashes between students, disputing the proposed privatisation of university support services, and police at the beginning of December.

 

UPDATE: London South Bank University have issued an apology for removing the South Bank Atheists Society’s posters of Flying Spaghetti Monster. Full story at the British Humanist Association 

This article was posted on February 12, 2014 at indexoncensorship.org

Index on Censorship’s most read of 2013

1. A response to Caitlin Moran


2013 in the UK was the year social media became a “how” rather than a “why” issue. We’re no longer explaining what people do on the web, now we’re discussing how we behave. And we talked most about the abuse and threats received by many women on Twitter. When writer Caitlin Moran proposed a one-day Twitter boycott in August, Index’s Padraig Reidy responded. Read here

2. Madras Cafe withdrawn in UK

madras-cafe
Communal censorship reared its ugly head in the UK when Madras Cafe, a Bollywood action film, was withdrawn from cinemas after protesters claimed it was anti-Tamil. Salil Tripathi likened the incident to the rows over Gurpreet Khaur Bhatti’s Bezhti and Salman Rushdie’s Satanic Verses

3. Julie Burchill, Lynne Featherstone and Leveson


When Guardian columnist Suzanne Moore found herself at the centre of a storm after an article in which she described the idealised body shape of a “Brazilian transexual”, the Observer took the entirely sensible decision to commission Moore’s old friend Julie Burchill to defend her. The effect was described neatly by tweeter Stuart Houghton: “Julie Burchill has poured oil to calm troubled waters. Then drowned some seabirds in the oil. Then set fire to the oil.”

Index on Censorship refrained from getting involved. Until a government minister did…

4.Chinese propaganda paper’s new headquarters looks a bit like, well, er…


Oh, Internet (there was a free speech point to this, honest)

5.’There is now a menace called Twitter’


As protesters filled Istanbul’s Gezi Park this summer, Ece Temelkuran explained the Turkish government’s fear of the social media generation.

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