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Wikimania 2013 keynote: One Internet Two Systems


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Wikimania 2013 keynote: One Internet Two Systems

  1. 1. MY BACKGROUND • Legislative Councillor representing the Information Technology Functional Constituency of the Hong Kong SAR • Co-founder, Internet Society Hong Kong • Honorary President, Hong Kong Information Technology Federation • Former Chairman, Hong Kong Internet Service Providers Association
  2. 2. INTERNET IN 2013 3 Source: ITU World Telecommunication / ICT Indicators database CNNIC, “The 32nd China Internet Development Statistics Report” Jul 2013 40% of the world‟s population 2.7billion Users worldwide 591million Users in China 21.8% of the world‟s internet users
  3. 3. 4 Hong Kong Special Administrative Region ONE COUNTRY, TWO SYSTEMS
  5. 5. INTERNET IN CHINA: A SNAPSHOT 591million Internet users 6 464million Mobile phone Internet users 44.1% Internet penetration 78% Mobile Internet penetration rate 10-39 Age group of main Internet users 21.7hrs of connection per week on average Source: CNNIC, “The 32nd China Internet Development Statistics Report” Jul 2013
  6. 6. HOW THE CHINESE GOVT MANAGES THE INTERNET NOW Prof. Li Yonggang:the internet as waterworks (治水) Guide more than block 7
  7. 7. SEVEN SPEAK-NOT SUBJECTS 七不講 AND ONLINE PUBLIC OPINION CENSORSHIP 8 Universal values Press freedom Civil society Civil rights Past mistakes of the CCP Crony capitalists Judicial independence
  8. 8. GFW VS WIKIPEDIA Blocked 7 times since 2004 Filter and block traffic to sensitive articles 2013: HTTPS encrypted connections blocked 9
  9. 9. CHINA‟S CENSORSHIP STRATEGY: TECHNOCRATIC MICROMANAGEMENT • Appear „reasonable‟ – less high-handed blanket bans • More nuanced approach: • Censoring before news happens • Message Control • Downplay sensitive news 10
  10. 10. NEW APPROACH: A SUBTLE, MIDDLE COURSE Balance between control and economic growth with free flow of information 11 Modulation and fine-tuning carefully selected content
  12. 12. NEW INTERNET REGULATIONS IN CHINA • Real-name system (approved in Dec 2012, fully implement by Jun 2014) • Draft new Privacy Laws and Draft Internet Privacy Regulations (April 2013) 13 Content monitoring, self-censorship and mandatory reporting of „state secrets‟ and „impermissible contents‟ for „network and information security reasons‟
  14. 14. EVADING GFW ON WEIBO Netizens getting creative: „hitting edge balls‟ (擦邊球)  Stay roughly within / skirt around permitted boundary of censors • using images such as animated GIFs • Creating new terms to represent / describe politicians or incidents 15
  15. 15. HOW DO CHINESE USERS BYPASS THE GFW? BY TAGGING ALONG • Chinese users use tools that the Chinese government does not want the GFW to blanket block due to economic and commercial interests • GoAgent, VPNs, HTTPS/SOCKS 16 Source: OpenITP, “Collateral Freedom – A Snapshot of Chinese Internet Users Circumventing Censorship”, Apr 2013
  16. 16. POWER OF CROWD AND INFORMATION 17 Whistle-blowing on social media
  17. 17. 18
  18. 18. INTERNET USAGE IN HONG KONG: A SNAPSHOT 19 Source: Office of Communications Authority, Apr 2013 Census and Statistics Dept, HKSAR, May 2013 85.2% Household broadband penetration rate 77.9% Household with PC and broadband 30hours Average time spent on PCs per week 229% Mobile penetration 65.3% Mobile internet penetration
  19. 19. DENSER, MORE COMPLEX, AND MORE PARTICIPATORY LANDSCAPE 20 Discussion Forums Social networking Online media IM app Media sharing
  20. 20. NO CENSORSHIP, BUT IS INTERNET FREE IN HONG KONG? • Fast and reliable internet connection • No censorship or filtering of data traffic • Article 30 of the Basic Law specifies freedom and privacy of communication of HK residents are protected by law • Yet certain laws govern the use of Internet 21
  21. 21. ALL-PURPOSE COMPUTER CRIME LEGISLATION Section 161 of the Crimes Ordinance (Cap. 200) (i.e. access to computer with criminal or dishonest intent) that any person who obtains access to a computer: (a) with intent to commit an offence; (b) with a dishonest intent to deceive; (c) with a view to dishonest gain for himself or another; or (d) with a dishonest intent to cause loss to another, whether on the same occasion as he obtains such access or on any future occasion, commits an offence. 22
  22. 22. EVERYTHING UNDER ONE UMBRELLA? 23 Computer system hacking Cyber attacks Distributing fake government releases online Taking and storing "under-skirt" photographs s.161 Access to computer with criminal or dishonest intent
  23. 23. 2008 consultation with proposal to impose mandatory filtering at the level of the ISPs' servers 24 PROTECTING THE YOUTH BY FILTERING? CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE
  24. 24. COPYRIGHT ORDINANCE AND FREEDOM OF EXPRESSION Government consultation in progress: Exemption for parody, satire and derivative works? 25
  25. 25. TELECOMMUNICATIONS ORDINANCE Sections of Telecommunications Ordinance are against: - Willful interception of any message - Damage, remove or interfere with a telecommunications installation to intercept / discover contents of a message In relation: Personal Data (Privacy Ordinance) 26
  27. 27. HONG KONG GOVERNMENT‟S INVISIBLE HAND TOWARDS ISP… My question to HK government on user data / content removal requests made by departments and law enforcement agencies to ISPs in the past 3 years revealed… 28 >14,000 User data requests 7,000 Content removal requests Many were made with no court order
  28. 28. MORE OPENNESS AND TRANSPARENCY, BETTER INTERNET REGULATION 29 The public has the right to know how government actions affect their privacy and free flow of information
  29. 29. HONG KONG TRANSPARENCY REPORT 30 Gathering, analysing and publishing legally available data on government user data and content removal requests State of transparency between the Hong Kong Govt and technology and telecommunications companies Protecting the fundamental freedomsof netizens
  30. 30. 4PM TODAY - DISCUSSION ON TRANSPARENCY REPORT Presentation on Hong Kong‟s first Transparency Report Panel discussion: • Ying Chan, Director, JMSC, Hong Kong University • Lokman Tsui, Head of Free Expression, Asia Pacific, Google • Andrew Lih, USC Professor and author of The Wikipedia Revolution • Ot van Daalen, Bits of Freedom 31 Where: PQ304, PolyU
  32. 32. IMAGE CREDIT water-testing-in-London-copy.jpg hand_eclipse_9774.jpg 33
  33. 33. 34 Charles Mok Legislative Councillor (Information Technology) Facebook: Charles Mok B Twitter: @charlesmok