THE INTERNET IN CHINA

Richard Cullen and Pinky D W Choy

[This is a draft version of Richard Cullen and Pinky D W Choy 'The Internet in China' (1999)  Columbia Journal of Asian Law, Vol 13 No 1, 99-134]
 

  • 1.0 INTRODUCTION


    • 1.0 INTRODUCTION

    1.1 Conspectus

    The impact of the Internet on all spheres of life political, commercial, social, has been very significant. This impact is still growing at a remarkable rate and few are game to predict exactly where these developments will lead. This is a rather special sort of communications revolution, however. Unlike television and radio, for example, the Internet combines remarkable changes in mass communication and in person-to-person communications in a single technology. And it does so in ways that are far less expensive (and much faster) than its long standing competitors. It is now clear that modern trade and commerce must increasingly be linked into this system to compete. This truth is even more evident when one considers research and development.
     
     

    For a country like China, which regards modernization as a near absolute fundamental value, the allure of the Internet is immense. But China is also still the largest One Party State, by far, that the world has ever seen. Although Marxism, as an economic doctrine, is largely a spent force in China, Leninism as alive and well. It remains the key stone of political structure theory in the People's Republic of China (PRC). A fundamental tenant of Leninism is the requirement that the state must control the media. The metaphor often used is that the media must be both the "throat and tongue" and "the eyes and ears" of the party.

     One can see, immediately, the inherent conflict, with respect to the Internet, which arises from China's contemporaneous devotion to both Leninism and modernization. This article seeks to explore how the PRC has mediated the serious tensions arising from this interaction. Some directions are now clear. Unlike some other countries concerned about balancing political control and economic development (for example in the Middle East), China has not allowed control concerns to "trump" development. The Internet is expanding at a very fast rate in China. By some estimates it is spreading more widely and more rapidly in the world's largest One Party State -- China -- than in the world's largest democracy -- India. China's modernization in far from pain-free but is less hampered by oligarchic restraints and protectionist instincts than is the case in India. And, unlike the Middle East, China's ideological concerns are terrestrial. In parts of the Islamic world, religious concerns appear to have had a major restrictive effect on Internet development.

    Although China is embracing the Internet enthusiastically, it is also bent on maintaining as much control as it can. These control mechanisms are having an impact -- but the Internet is testing the mettle of China's information control systems.

    1.2 Structure of the Article

    The Part next following provides a brief history of the Internet prior to a short account of the history of the Internet in China in Part 3. The tensions arising from the drive to expand the Internet are then examined. In the following two Parts, the bodies involved in governing the Internet and the modes of regulation are reviewed. Next, the on-going development problems are discussed. In Part 8, a brief review of the approach taken in Singapore is provided prior to the Conclusion.

    2.0 HISTORY OF THE INTERNET

    Nowadays, the term "Internet" is commonly used to refer to "a collection of networks... using different underlying network technology, but all tied into a virtual network by use of an internet protocol that provides a common address space and routing".[1] The Internet that we are using today, however, has gone through well over a decade of continuous dramatic change and improvement.

     The Internet really began life as the ARPANET, which was a packet-switching network jointly developed by the Advanced Research Project Agency of the US Department of Defense (ARPA), several military contractors and a group of academic institutions (including the University of California at Los Angeles, the University of California at Santa Barbara, the University of Utah and the Stanford Research Institute) during the cold war in 1969.[2] The aim of this project was "to aid researchers in the process of sharing information, and not coincidentally to study how communications could be maintained in the event of nuclear attack".[3] Due to the experimental nature of this project, the ARPANET system at that time was used principally to allow the remote access of programmes by researchers. However, as the technology developed, the scope of its usage became wider. Moreover, the functions of ARPANET also increased: functions such as file transfer capabilities, electronic mail, distant database access and supporting online discussion groups were added to it.[4]

    As the ARPANET developed, another network also emerged. In 1973, the ARPA carried out their so-called "Internetting Project". The aim of this project was "to develop communication protocols which would allow networked computers to communicate transparently across multiple, linked packet networks".[5] The product of this research project was named the "Internet". Today's Internet did not really exist until the beginning of 1983, however, when the Transmission Control Protocol and the Internet Protocol (TCP/IP) were established and began to be used in all ARPANET connected machines.[6]

     In the period of less than two decades since the creation of the Internet, the network has developed remarkably. Networks like Ethernet, Local Area Networks (LANs), Satellite Network (SATNET), Users' Network (USENET), Because It's Time Network (BITNET), Computer + Science Network (CSNET) and Advanced Network & Services (ANS) were products of this developmental period. Among all these network creations, the most important was the National Science Foundation Network (NSFNET). It replaced the forerunner of the Internet, the ARPANET, and became the backbone of the Internet from 1990 onwards.[7]

     Ever since its creation, the Internet has grown at a prodigious rate. In 1981, the estimated number of hosts was 213.[8] By July 1998, it was estimated that the number of hosts has already reached 36,739,000[9] with a continuous annual future growth rate of approximately one hundred percent predicted.[10] The following diagram, from a different source, shows the growth rate (which has been very high though less than one hundred percent per annum) of the number of internet hosts during the last 6 years.
     
     

    Figure 1: Growth rate of the number of Internet hosts from January 1993 to July 1998

    [DIAGRAM OMITTED]

    Source: Network Wizards, "Internet Domain Survey, July 1998".
    (http://www.nw.com)
     
     

    3.0 HISTORY OF THE INTERNET IN CHINA

    The Internet is still considered to be a young technology in China. Development of the Internet did not commence in China until a decade ago. The first computer network in China was the China Academic Network (CANET), which was set up in 1987.[11] The major purpose of this network was to facilitate academic and research support in computer science. It provided e-mail exchange services with the global Internet via a gateway at Karlsruhe University in Germany.[12] In 1990, following the establishment of the CANET, China registered its domain name of "cn" with the US Network Information Centre.[13] After the establishment of the CANET, the local network of the Institute of High Energy Physics (IHEP) and the National Computer Networking Facilities of China (NCFC) were established in 1988 and 1989 respectively. The former was developed by the IHEP while the latter was a joint venture of the Chinese Academy of Sciences, Tsinghua University of Beijing and the Beijing University funded by the State Planning Commission and the World Bank. This latter network was entitled, the ChinaNet.[14] The ChinaNet was one of two wide-ranging academic networks established around this time. The second was the China Education and Research Network (CERNET). Perhaps somewhat confusingly, the first commercial network developed by the Ministry of Post and Telecommunications (MPT) was commonly referred to as the ChinaNET.[15] To avoid confusion, the ChinaNET will be referred as the ChinaNET(C). ("C" for commercial) in the following discussion.

     In the case of all the early Chinese networks, one common characteristic was shared-- direct international Internet connections were not available. The first official (international) Internet link to the Internet in China was the IHEP link:[16] "Through a 64-k bps leased line from AT&T, IHEP connected with the Stanford Linear Accelerator Centre for high energy physics international collaboration and provided e-mail accounts to many of China's top scientists."[17] The connection commenced operating in March 1993. In the following years, more and more networks were connected to the Internet directly, for example: the NCFC link; the link operated by the Beijing University of Chemical Technology (BUCT); and the CERNET.

     While most of the network operators in China at that time were academic or research institutions, the Ministry of Posts and Telecommunications (MPT) was an exception. For example, the MPT's CHINAPAC, which was set up in 1989, was the first public data network in China.[18]

     Prior to 1995, most the networks mentioned above operated principally for academic and research purposes. By mid-1995, this situation began to change. In May 1995, the ChinaNET(C), the first commercial network in China was set up by the MPT and began to operate in Beijing and Shanghai.[19] Individuals were allowed to purchase Internet accounts from ChinaNET(C) directly.[20] According to Tse and Tsang, within the first month of ChinaNET(C)'s operation, 800 subscribers signed up for the service.[21]

     Basically, the structure of ChinaNet (the main academic network) is as follows: Internally, it consists of a number of networks in China, such as CANET, Peking University Campus Network (PUNET), IHEPNET, CERNET, and so on[22]. Externally, through the use of the US long-distance carrier Sprint, it was linked to the international Internet via the MPT's gateways.[23] Apart from academic/public Internet Service Providers (ISPs), in recent years private ISPs (whose international Internet connectivity is provided by the ChinaNET(C)), have also been allowed to offer Internet services to individuals in China.[24]

     Another important element in China's Internet development has been the "Golden Project" factor. The term "Golden Projects" refers to a series of high priority proposals for the development of information infrastructure in China. These projects began in 1993 under the guidance of the then Vice Premier (Now Premier of China) Zhu Rongji.[25] An important focus of the projects has been the nation-wide expansion of the application of Internet in China. Indeed some commentators feel that the development of the Internet now overshadows other Golden Projects.[26]

     With the commercialization of Internet services and the momentum of the Golden Projects factor, China's Internet has developed rapidly. According to recent figures, by the end of June 1998, there were 4 official networks, serving approximately 1.175 million Internet users in China.[27] It is also expected that the annual compounded growth rate will be more than 100 percent for the next five years.[28] By 2000, the number of users will reach 2.7 million according to one estimate.[29] A more recent estimate claims that China will have 5-10 million Internet accounts by the year 2000.[30] Yet another estimate is that, if current expansion trends continue, China could have more Internet users than any other country before 2020.[31]

     Apart from the increase in the number of users, the nature of Internet usage has widened. For example, using the Internet for advertising and exchanging commercial information has become fairly common. The importance of the Internet for commercial purposes has been underlined by the Chinese government's acceptance of the use of the Internet to conclude contracts in the draft Unified Contract Law.[32] Shopping on-line is also becoming more popular. The first electronic business in China, run by the Xinhua Bookstore, started operation in the spring of 1996.[33] Although the Internet is playing an increasingly important role in the commercial sphere, its academic utility has not diminished. Most tertiary level academic institutions are connecting to the Internet. CERNET has claimed that it is planning to "connect all the universities and institutes in China in the near future and connect high schools, middle schools, primary schools and other education and research entities by the end of this century".[34] Also, China's first digital library system was established in Shenyang in October 1998.[35]

    4.0 TENSIONS RELATED TO THE DEVELOPMENT OF THE INTERNET IN CHINA

    4.1 The Need to Communicate

    While the invention of the Internet has generally been hailed as a turning point, communications breakthrough in developed countries, China has found itself confronting a dilemma in dealing with this advanced information technology.

     The ten years' of the Cultural Revolution not only stopped the internal development of China but also shut China off from the outside world. This caused China to fall far behind other developed countries by virtually all measures. When the chaos of the Cultural Revolution came to an end, China's doors opened again. The new open door policy emphasized the need for more communication capacity, both within China and with the rest of the world. Internally, under the centrally planned system, communications between ministries, local authorities and the central government were very important. Through telecommunications facilities, local authorities and ministries could report on their work to the central government while the central government could exercise supervision over and pass commands to local authorities and ministries. Externally, the role of telecommunications was even more significant. It was to play a major role in bringing China closer to the outside world and, most importantly, closer to desperately needed outside technology.[36] For these reasons, the development of China's telecommunications infrastructure has continued to be a top priority ever since the adoption of the open door policy.[37]

     Apart from the broad open door policy, the continuing shift towards a (socialist) market economy, state enterprise reform and the process of disengagement of the state from the detail of day-to-day living have also lead to an increase in the demand for better communications.[38] According to the principles of the socialist market economy, enterprises are required to operate within the broad plan of the central government -- but they are also required to manage themselves. This management process includes the gathering of market information.

     The globalization of telecommunications over the last decade-plus has been another significant factor forcing or inducing the Chinese government to introduce the Internet to China. Countries throughout the world are busy building their own "information superhighways" so as to facilitate more efficient communications internally and with the rest of the world. By drawing all nations closer together in this way and through a sharing of information, it is argued that all nations can benefit. It now seems, beyond doubt that "no modern economy can do without a national information infrastructure".[39] Instant communications and updated information are two of the crucial elements for business transactions in a modern society. Under these circumstances, frankly, China has had little choice but to introduce the Internet into its communications mix if it wishes to continue with the process of modernization. If there is one over-arching, vibrant "ideology" left in China (which is shared by Taiwan, as it happens) it is probably "modernism". Marxism is largely a hollow shell still acknowledged for historical and political reasons. Leninism, with its theory and techniques of mass control and political management, remains a guiding force while China retains the One Party State at the centre of its political structure. But the One Party State is under enormous stress from the compounding forces unleashed by the open door policy. Modernization remains a clear, widely supported goal, however. China correctly sees itself, due to its size, traditions and especially its population as an important world power. Technological backwardness over the last two centuries, especially, is one factor believed to have held China back from taking its rightful place in the world. Rectifying this technological lag is almost universally regarded as a fundamental good in China. The dangers that come with technological change -- not least of all the political "pollution" of information flows-- are widely recognized. Nevertheless, the need to change retains recognition as a fundamental requirement.

     In the Middle East, the reconciliation of these confronting outcomes has been notably less pragmatic than in China. There the power of religion (Islam) is immensely greater than in China. The resolution of the political and social tensions involved in modernization has resulted in a much more heavy-handed approach to the Internet designed to slow its progress (and thus lessen its potentially harmful effects).[40]

    4.2 Communications Concerns

    4.2.1 Political Considerations

    As we have noted, the Chinese government clearly understands the power of the Internet and the immense benefits it can bring. On the other hand, it also understands that undesirable or even harmful effects will travel with the benefits. The possible impact of the Internet on Chinese politics is of foremost concern.
    [P]ersuasive communications are indispensable political tools in all Communist or totalitarian societies. For in a Communist state solidarity and achievement depend upon ideological unanimity, and communications provide the model with which to conform.[41]
    The free flow of information offered by the Internet (and by new communications technologies in general) is politically contradictory to a fundamental principle of Leninism. For communist governments, the control of information flows is very important. However, once communication gateways are opened, information will be able to enter from all manner of "uncontrolled" sources. This is especially true in the case of instant communication technologies, such as e-mail, fax transmissions and the Internet. In other words, the Internet not only can strengthen an economy and the government-- it can also weaken government control.

    Few countries know better the "disastrous" effects that can arise from advanced communication technologies than China. During the Student Democratic Movement in 1989, fax machines -- the new communication technology at that time -- demonstrated their power. The political developments in 1989 almost led to the collapse of the Chinese government. Modern technology was used by the dissidents inside China to exchange information among themselves and to release information to

    the outside world.[42] As Parody and Sautedé noted:

    [I]n 1989 the Tian'anmen Square demonstrators promptly made use of the fax machine to transmit information, pamphlets and demands to the foreign press. Even if the government has since imposed registration of private fax machines with the Public Security Ministry, we know from experience that transmissions from undeclared machines continue to make their way out.[43]
    Bearing this "nightmare" in mind, China has viewed the Internet, an even more powerful communication tool, with great suspicion as well as with great anticipation.
    The suspicious, almost pathological, attitude of the government in Peking towards these new means of communication reinforces all the more the legitimate defiance of the dissidents towards them. The association is quickly made between the use of these services and espionage, or even conspiracy against the State".[44]
    As part of its strategy to prevent another Student Democratic Movement from arising, the Chinese government has tried to censor and block web sites of many foreign newspapers (such as New York Times), human rights groups (such as Amnesty International), dissident groups and Taiwanese agencies.[45] However, it seems these measures have not proved to be very effective.

     Though some web sites, such as Human Rights in China and China News Digest were blocked by the Chinese government, access to these sites from inside China could still be managed. Moreover, an electronic political magazine, which is distributed "by e-mail to a Silicon Valley address where it is electronically mailed back to China to thousands of address" has also became available in China.[46]

     As it happens, although the Internet can be most effective for mass communication purposes, it is not popular among dissidents for security reasons.

    [S]ending mail electronically always leaves a trace of the sender, the users would need to be able to code their address by having remote access via computers located outside China. However, the costs and difficulties make this impossible at the moment. At a higher level, the idea of setting up a subversive network, which would find a place in the present proliferation of telecommunications structures, is to be set aside for the distant future. Setting up a network means installing a fixed file server, which is easily spotted and, what is more, is very dangerous because it contains the electronic addresses of all the networks.[47]
    As one commentary notes, the essential Internet dilemma for China is: "How to foster economic growth and freedom while keeping tight screws on politics."[48]

    4.2.2 Social Considerations

    As in the case of many other countries, the social and moral impact of the Internet is another factor that has made China hesitate in accepting the Internet without qualification.

     The vast array of "spiritually polluted" materials available via the Internet (such as pornographic information and information about (and about how to commit) crimes) has become a matter of global concern. A flood of this sort of information can lead to the lowering of social and moral standards, it is argued, and can have a very harmful effect on vulnerable groups, such as children. Virtually all countries have sought to find ways to restrict the flow of this sort of Internet information. For China, the preferred method adopted is the same as the one used to deal with "politically undesirable" materials; that is -- to block access to certain web sites.[49]

    4.3 Summary

    The tensions affecting the development of the Internet in China are not confined to China. All countries in the West, for example, see both the advantages and the real dangers of the Internet. The positive side of its development has been the opening up of a vast new communications network which, apart from its global reach, enjoys immense cost advantages over traditional competitors. The clear negative impact relates to new avenues for crime and tax evasion, for example, which the Internet has opened up and for the spreading of harmful materials such as those related to child pornography.

     For China, a further crucial dimension is the way in which the Internet opens up the possibility of cheap, greatly enhanced political communications both within China and between China and the rest of the World.

    5.0 INTERNET GOVERNING BODIES IN CHINA

    The MPT used to be the major regulatory authority for all forms of telecommunication in China, including the Internet. The MPT was responsible both for formulating central policy and for implementing policy. With the help of its subordinate local authorities (Posts and Telecommunications Administrations (PTAs) and Posts and Telecommunications Bureaus (PTBs)), the MPT was empowered to regulate the administration, operation and management, inter alia, of Internet services in China. It was also the sole international Internet gatekeeper[50] and one of the public network operators in China.[51] However, in order to apply the principle of separating regulatory and operational functions in China, the MPT's network operation business was transferred to the Directorate-General of Telecommunications in 1994.[52] Set out below is a table summarizing the historical key Internet policy influencing bodies in China, numbers of which are discussed below. This structure has been modified fairly recently. These changes are also discussed below.

    Figure 2: Historical Key Policy Bodies
     
    Name
    Historical Mission
    Interest in Internet
    Ministry of Posts and Telecommunications (MPT) Regulator and operator of telephony and data networks Protect its position as dominant provider of telecommunications
    Ministry of Electronic Industries (MEI) Manufactures information technology products Leverage its decaying manufacturing base and political power to pursue lucrative service industry
    Ministry of Broadcasting, Movies and Television (MBMT) Regulator, producer, and operator of mass media Protect ministry's power and influence as interactive technologies challenge traditional broadcast technologies
    Ministry of Public Security (MPS) Police of Chinese society Ensure Internet is not used to leak state secrets, conduct political subversion, or spread pornography or violence
    The State Education Commission (SEC) Policy-maker and administrator for China's education system Internet support for university and secondary education
    The Chinese Academy of Sciences (CAS) Science research policy-maker and host of hundreds of research institutes Technology transfer; Internet-oriented research and development
    Xinhua News Agency Monopoly news producer Leverage and protect monopoly on news
    Propaganda Department  Makes sure that mass media is under the guidance of the Party Especially concerned with the influence of Western information
    State Planning Commission (SPC) Control China's economic resources Pricing of Internet and telecommunications services; funds for infrastructure
    State Economic and Trade Commission (SETC) Policy decisions regarding infrastructure and relationships with foreign firms Foreign investment in China's Internet Infrastructure
    State Science and Technology Commission Policy-making and financing of China's research and development Internet is a major focus
    People's Bank of China Loans to Chinese firms Loans to Internet firms
    People's Liberation Army State Security; also has ties to many manufacturing interests Security issues; expanding into Internet
    Provincial and Municipal Bodies Moving away from Central government in pursuit of their own economic development Development Internet infrastructure. Attract investment through Internet

    (Source: Zixiang (Alex) Tan and Will Foster, "Internet Diffusion in P.R. China",  Global Diffusion of the Internet-March 1998,
    (http://web.syr.edu/~ztan/china.tel.html)

    In 1993, the Economic Information Joint Committee was established. Though the original purpose in forming this Committee was "to formulate policies for the development of a national information infrastructure",[53] with the rapid development of the Internet over the past few years, the focus of this Committee has been the Internet. In March 1996, the status of the Committee was elevated. It became the State Council Steering Committee on National Information Infrastructure (SCSCNII)[54].

    Steering Committees at this very high level are regularly established in China to deal with the problem of what might be termed "bureaucratic pluralism". Real power in China rests with the Standing Committee of the Politburo which normally comprises the top 5-7 leaders in China.[55] It is at this level that national strategy is decided. Tactical or operational decisions are then left to the formal Government (the State Council) and, more important, to the bureaucracy (ministries and other agencies). In practice, the bureaucracy mostly makes and implements policy at this level rather than the State Council itself.[56] Where a number of competing elements within the bureaucracy are involved in policy development and implementation (as in the case of the Internet) real problems can arise. If it is a policy area of key importance, then the creation of a coordinating Steering Committee under the State Council is the mechanism often chosen to move policy development and implementation forward. Such Steering Committees are not permanent in nature but more like high level, short-medium term task forces designed to foster rapid collective decision making.[57] In fact the SCSCNII has demonstrated the efficiency of this approach, which takes advantage of China's collectivist political tradition. Despite the major competing commercial and ideological views within the bureaucracy, there has not been any paralysis in decision making over the Internet. On the contrary ways and means have been found to foster its very rapid development.

    The major responsibilities of the SCSCNII were set out as follows upon its establishment:

    1. To formulate guiding principles, policies, rules and regulations in the developing process of national informatization;
    2. To formulate the strategy for developing national informationization and its overall and stage-by-stage plans;
    3. To organize and coordinate the construction of important information projects;
    4. To be responsible for the coordination and finding solutions for important issues arising from the computer networks and the Internet;
    5. To establish the standards for the technology and application related to informatization.[58]
    By assigning all the above duties to the SCSCNII, the government significantly reduced the power of the MPT. However, the MPT continued to exist until March 1998 when the Ministry of Information Industry (MII) was set up to replace three other ministries: the MPT; the Ministry of Electronic Industry (MEI) and Ministry of Radio-Film-Television (MRFT). The MII is meant to act as an independent regulator.[59] According to the MII, its major functions can be summarised as follows:
    1. To formulate development strategies, overall policy and plans for the national information industry, telecommunications industry and the software industry;
    2. To draft laws and regulations governing the information industry, telecommunications industry and software industry -- to enact administrative rules -- to enforce these laws and supervise their implementation;
    3. To make comprehensive plans for government public networks, broadcasting networks and special networks of military and other public entities and to ensure proper technical and professional administration;
    4. To formulate technological policies, systems and standards for the information industry and the broadcasting industry and the software industry -- to administer entry licences into networks -- to monitor quality supervision and control;
    5. To allocate, organise and coordinate available electronic bandwidth, domain names and internet addresses;
    6. To supervise the telecommunications and information service markets -- to implement a business licensing regime -- and to formulate methods for interconnection between networks and the settlement of interconnection conditions;
    7. To formulate pricing policies of the telecommunications and information services industries -- to supervise the implementation of pricing policies;
    8. To plan, build and manage special networks that are used by the Communist Party and the government -- to coordinate these special networks, emergency networks and other important networks -- to safeguard the security of state communications and information;
    9. To guide and assist the development of the information industry according to the technological development policy -- to supervise industry structures, industry products and enterprises -- to deploy resources in a rational way;
    10. To promote research and development in the electronic information industry, telecommunications industry and software industry -- to organise large scale technological projects and to assist in the development of national industry;
    11. To provide professional administration assistance with regard to military electronic systems and to carry out research on development strategies and policies and plans related to military electronic systems -- to co-ordinate integration of MII plans and plans by the military and the national committee of defence technology and industry;
    12. To assist the promotion of informatization of the national economy and national key research projects -- to guide, coordinate and organise development and utilization of information resources;
    13. To organise and guide the sending, allocation and settlement of accounts by monetary means through postal and electronic information transfer systems;
    14. To represent the government in joining relevant international organisations and in signing relevant international agreements -- to organise foreign technology exchanges;
    15. To carry out research on policies in regard to telecommunications and information systems with the HKSAR[60], Macau and Taiwan;
    16. To compile statistics on the information industry and to report news about the information industry; and
    17. To deal with matters assigned by the State Council.[61]
    Apart from the various administrative bodies just mentioned, there are some other government bodies and organisations which have played an important role in the regulation of Internet in China. The China Internet Information Centre (CNNIC), which was established under the Chinese Academy of Science is responsible for all domain name registrations in China.[62] In addition, since the Chinese government worries very much that the free flow of information through the Internet will lead to the reception of (both politically and socially) "undesirable" information within China, the Public Security Bureau (PSB) has been assigned the task of dealing with the registration of all Internet users and investigating crimes on the Internet.[63] Also, the Xinhua News Agency, the official Chinese news agency is responsible for approving the content of foreign information being disseminated within China.[64]

    It is far from clear that the attempt to invest the MII with ultimate responsibility for oversight of virtually all communication systems in China will succeed completely (or even mostly). For example, the plan to draw important aspects of regulating military communication systems into the MII net is bound to prove most difficult to implement.

    6.0 REGULATING THE INTERNET IN CHINA

    Systematic regulation of the Internet in China, did not really commence until 1996. The regulations that presently govern the operation of the Internet in China can be classified into 4 broad categories: 1) regulations governing the establishment of ISPs and international network connections; 2) regulations dealing with crimes related to the Internet; 3) regulations monitoring the ISPs and Internet users and; 4) regulations dealing with domain names.

    6.1 Regulating the Establishment of ISPs and International Network Connections

    Most of the regulations in this first category involve controls over international connections to the Internet. The first regulations covering this matter were the Interim Provisions Governing the Management of Computer Information Networks in the People's Republic of China Connecting to the International Network (the "Interim Provisions"). The Interim Provisions were promulgated by the State Council on January 23, 1996 and came into effect on February 1 of the same year. They were subsequently amended by the State Council on May 20, 1997.[65] Article 5 of the Interim Provisions empowered the Economic Information Joint Committee (the then SCSCNII) to regulate and resolve important matters relating to international network connections, such as enacting management provisions as well as supervising the work of international network connections.[66] Article 6 provided that "all direct international networking traffic must use international incoming and outgoing channels provided by the MPT's national public network".[67] In other words, this provision gave the MPT the monopoly power to control China's gateway to the international Internet. Such a monopoly was further confirmed in the Provisions Governing the Management of Internet Inlets and Outlets for the Computer Information Network issued by the MPT on April 9, 1996.[68]

    All networks with international connections have had to be approved by the State Council and have been subject to the supervision of the MPT, MEI, State Education Commission and the Chinese Academy of Sciences[69] (these duties have now, in part, passed to the new MII). Only entities that can satisfy the conditions listed in Article 9 may be granted international connections rights. These conditions are that:

    1. they have to be an enterprise legal person or an institutional legal person established in accordance with the law;
    2. they have to have the necessary networking equipment, technicians and management personnel;
    3. they have to have comprehensive safety and security control systems and technical protection measures; and
    4. they have to comply with all other laws and regulations and other conditions set out by the State Council.[70]
    In addition, business entities must also obtain international network connection business permits from relevant government departments.[71] Furthermore, according to Article 13, those entities who have rights of international connection must comply with all relevant laws and administrative rules of the nation and strictly enforce safety and security systems. They cannot manipulate the Internet for activities that endanger national safety or disclose state secrets and so on. Also, they cannot produce, retrieve, duplicate or spread information that may affect public order and they must not reproduce pornographic information in any way.[72]

     On February 13, 1998, the SCSCNII also published the Provisions for the Implementation of the Interim Provisions Governing the Management of Computer Information Networks in the People's Republic of China Connecting to the Internet (the "SCSCNII Provisions") which came into effect on March 6, 1998. The SCSCNII Provisions not only reiterate the above procedures and requirements for obtaining international connection rights (as stipulated in the previous two State Council Interim Provisions) but also clearly set out a three tier Internet access structure (i.e for users, ISPs and interconnecting networks) in China.[73]

    6.2 Regulating Crimes Related to the Internet

    In response to the increasing seriousness of crimes related to the Internet, China has incorporated two specific provisions in the amended Criminal Law 1997 to deal with the crimes related to "hacking". Article 285 provides that:
    Anyone who violates state regulations by breaking into computer database systems of the State, the national defence construction institutes or advanced science and high technology areas shall be sentenced to a fixed-term imprisonment of not more than three years or criminal detention.[74]
    Only the illegal accessing of databases listed in Article 285 will constitute a crime. The listed databases are marked as important to the national interest.[75] Any offence under this Article is a strict liability offence. No damage is required under this provision. Once a defendant had broken into one of the listed databases, he will have committed a crime.[76] The second provision dealing with crimes on the Internet is Article 286, which provides that:

    6.3 Monitoring of ISPs and Internet Users by the Public Security Bureau

    In addition to complying with all the requirements as stipulated in the SCSCNII Provisions, the Circular of the Ministry of Public Security on Entering on Record the Computer Information Systems Connected with Internet (the "PSB Circular") dated January 29, 1996 provides that ISPs are also required to register with the relevant PSB office within 30 days of connection. Individual Internet users, too, are also required to go through the same procedure. Any individuals or units who fail to complete the required registration may be punished under the Regulations on Protecting the Safety of Computer Information Systems of the People's Republic of China (the "Computer Information System Safety Regulations") dated February 18, 1994.[78]

    To strengthen the security of domestic and international computer information network connections and to maintain public order and social stability, the PSB, with the approval of the State Council, passed the Provisions on Safeguarding the Security of Domestic Computer Networks in Linking with the Internet (the "PSB Provisions") on December 11, 1997, which came to effect from December 30 of the same year.[79]

     In fact, these PSB Provisions are a combination of the SCSCNII Provisions, the PSB Circular, Article 285 and 286 of the Amended Criminal Law and the Computer Information System Safety Regulations. The PSB Provisions list the responsibilities of interconnecting networks, ISPs and Internet users. The responsibilities of the interconnecting networks, ISPs and legal enterprise or institutional Internet users can be summarised as follows:

    1. They must assume responsibility for network security, protection and management and establish a thoroughly secure, protected and well managed network;
    2. They must carry out technical measures for network security and protection and ensure network operational security and information security;
    3. They must assume responsibility for the security education and training of network users;
    4. They must register units and individuals to whom information is provided and examine the information provided and make sure that no prohibited information is provided.
    5. They must establish a system for registering the users of electronic bulletin board systems on the computer information network as well as a system for managing bulletin board information;
    6. They must keep records of any violations of the PSB Provisions and report to the PSB; and
    7. According to the relevant state regulations, remove from the network any address, directory or server that has prohibited contents.[80]
    Under the PSB Provisions, information which can be categorized under any of the following headings is prohibited information: In addition, Article 4 also states that no unit or individual may use the Internet to harm national security; to disclose state secrets; to harm the interests of the State, of society or of a group; or to harm the legal rights of citizens; or to take part in criminal activities.[82] For those interconnecting networks, ISPs and Internet users who fail to comply with these PSB Provisions, their rights to international connection may be cancelled.[83] Some ISPs have complained that it is quite unrealistic to make them responsible for the sites their customers visit.[84]

    6.4 Regulating Domain Names

    According to the Interim Provisions Governing E-mail Address Registration on China Internet (the "Domain Name Interim Provisions") which came into effect in June 3, 1997, the SCSCNII, with the assistance of CNNIC, became the governing body of China's domain names. The Domain Name Interim Provisions also set out the three tier domain names system in China: The first and the highest tier is the domain name of the nation, i.e. "cn". Domain names in the second tier are those that can represent the nature of the applicant, such as "gov" for government departments and "edu" for educational institutions. Domain names that represent the administrative region of the applicant, such as "bj" for Beijing and "sh" for Shanghai also belong to the second tier. The domain names of the third tier are chosen by the applicants.[85] However, some words, such as "chinese" and "national" cannot be used without the approval of the relevant government departments.[86]

     One further important point which needs to be noted is that only organisations with civil liability can apply for domain names. In other words, individuals are not allow to have their own domain names.[87]

    7.0 PROBLEMS WITH THE DEVELOPMENT OF THE INTERNET IN CHINA

    Despite the continuous rapid increase in the number of Internet users in China, there are still many problems hindering its development.

    7.1 High Costs

    The costs of connection to and surfing on the Internet in China remain high. This discourages many new individual users. For example, ChinaNET(C) charged about 4RBM to 6 RMB for 1 hour's surfing. Users also need to pay local phone charges of about 4RMB per hour.[88]

    The effect of this financial barrier is revealed in recent Internet development statistics completed by the CNNIC.[89] According to these statistics, by July 1998 more than 90% of Internet usage was by families with an average monthly income of more than 400 RMB. More than 60% of the existing users regularly complained about the price.[90] In fact, the high cost does not only discourage users-- it also makes the business of the ISPs more difficult. To attract more clients, some ISPs are introducing preferential services, such as a "special price in early morning", offering discounts and giving one free account number when purchasing one and so on.[91]

    7.2 The Language Barrier

    Even where the financial barriers can be overcome, Internet users in China face another problem - the language barrier.

    Since the Internet was originally developed in the US and first became popular in Western countries, it follows that most (some even say 90%) of the content on the Internet is in English.[92] Moreover, the complicated Chinese encoding systems need to render Chinese writing electronically have exacerbated the problem of scarce Chinese information on the Internet.[93] Therefore, many Chinese people (most of whom who are not very familiar with English or cannot read English) are discouraged from using the Internet. The degree of education of would be users thus seems to be a crucial factor affecting the development of China's Internet. According to the CNNIC statistics, over 90% of Internet users in China have received secondary or higher education.[94]

    In 1996, the MPT started to develop its own Chinese nation-wide, public, multi-media communication network. Some commentators believe that the success with this project could help to reduce the language barrier problem and encourage more Chinese to use the Internet.[95]
     
     

    7.3 Power Struggles Among Ministries

    As mentioned above, the regulatory system of China's telecommunications was complicated (and remains so). Many ministries have been involved in the development and oversight of the Internet but their responsibilities were never clearly defined. Power struggles among ministries and agencies were thus inevitable.

    The concurrent regulatory and business functions of the MPT made other ministries even more jealous. In addition, it seems the MPT has made use of its power to discourage competitors. For example, the MPT is alleged to have charged exorbitant leasing fees to make it very difficult for other providers to compete with it in the provision of international links to the Internet.[96] The reforms of March 1998 have simplified the regulatory structure of telecommunications, however. It is possible, therefore, that the fall-out from these power struggles may diminish to a degree in the future. It is too early to tell, yet, if this is happening, however.

    7.4 Recent Internet Related Developments

    The intention of the Chinese government to try and tighten controls over the Internet is clear. The recent trial of Lin Hai provides a good example of how the Chinese government is attempting to strengthen its control of Internet usage.

     On January 20, 1998, Lin Hai, a software entrepreneur was tried for allegedly giving 30,000 Chinese e-mail addresses to "V.I.P. Reference", a United States-based on-line pro-democracy magazine. He was sentenced to two years imprisonment for "incitement to subvert the state".[97] (Since his imprisonment, Lin Hai has been given a "Freedom of Cyber-space award" by a US based media organisation.[98]) This is the first pure Internet-usage criminal case in China where the defendant has received a prison term.[99] Commentators have argued that this verdict was not only a heavy blow to the right to freedom of expression in China, but it also cast a shadow over the information technology industry in the PRC. This is especially true with respect to those companies who wish to expand their Internet business in China. It is argued that this verdict signals that the Chinese government is still very suspicious about the growth of Internet usage.[100] This case also demonstrated violations of basic rights, of course, including the right to privacy. Even the content of private e-mail can, it seems, be the target of government censorship.[101]

     Compared with the sentence given to Hao Jing-long and his brother, Lin Hai's treatment was rather lenient. Hao Jing-long, a staff member of the Zhejiang branch of China Industrial and Commercial Bank, and his brother were found guilty of hacking into the bank's data-base from their home. They transferred funds amounting to 720,000 RMB to 16 accounts which had been opened in false names. The two brothers were sentenced to death.[102]

     Apart from these cases, the determination of the Chinese government to tighten controls over the Internet is also reflected in its recent decision to censor the Bulletin Board System (BBS).

     According to the Information Centre of Human Rights and Democratic Movement in China, the PSB is going to order the removal of those bulletin boards that contain "reactionary views" and, in addition their origins will also be traced.[103] Immediately after this announcement, the electronic forum on the New Wave Net was shut down on February 1, 1999.[104] The Procuratorate Daily, one of the official newspapers in China, stated that these bulletin boards have been abused by many Internet users to criticise government policies and officials, as well as to spread "reactionary views" to slander the Chinese government. Interestingly, the newspapers also compared the BBS to the Big Posters during the Cultural Revolution.[105] It is predicted that the effect of this new BBS monitoring policy is that it "will make the Internet users more eager to censor the BBS themselves for fear of punishment by the government."[106]

    At almost the same time as this move against the BBS, a new committee to control Internet usage (to protect "national secrets", inter alia) was announced. This is the State Information Security Appraisal and Identification Management Committee (SISAIMC). The SISAIMC is responsible for "protecting government and commercial confidential files on the Internet, identifying any Net user, and defining rights and responsibilities" according to the Xinhua News Agency. China has also reportedly increased supervision of fast expanding "cyber cafes".[107]

    8.0 SINGAPORE'S INTERNET REGULATORY FRAMEWORK

    Singapore, like China, attempts to regulate Internet usage strictly. Accordingly, Singapore provides an interesting comparative perspective on Internet regulation in China. Moreover, China has been studying the regulatory systems in Singapore quite closely.

    Compared with the regime evolving in China, Singapore's regulatory framework is more straightforward. Basically, Singapore's Internet regulatory framework can divided into two broad categories (according to their governing authorities): 1) regulation of the establishment of the Internet Access Service Provider (IASP) by the Telecommunication Authority of Singapore (TAS); and 2) regulation of content on the Internet by the Singapore Broadcasting Authority (SBA).

    8.1 Regulating the Establishment of an IASP

    As was the case in China, when the Internet was first introduced into Singapore, the right to provide Internet services was a monopoly. Singapore Telecom's SingNet was the sole IASP at that time. However, this monopoly ended in 1995 when the government approved Technet as the second IASP. Technet, which catered mainly to the academic and R&D institutions, was privatised, and renamed as Pacific Internet, and licensed as the second IASP.[108] Subsequently, the third IASP, the Cyberway emerged. Unlike the first two IASPs, the Cyberway entered the market by way of a public tender.[109] From October 1998, TAS decided to liberalise the establishment of IASPs further.

    According to TAS:

    With effect from 8 October 1998, TAS will accept applications from any interested party for a public Internet Access Service Provider (IASP) licence... to establish, install and maintain a public Internet access facility or system ... to provide public Internet access services in Singapore.[110]
    In the Licence Application Guidelines, TAS listed the conditions that the applicants have to comply with before a licence can be granted. The following are some of the conditions:
    1. The IASP must commit to enhancing Singapore's Internet regional/global connectivity;
    2. The licence cannot be transferred without the approval of TAS;
    3. The IASP may be required to comply with price controls established by TAS;
    4. The IASP must fulfill certain quality service standards, such as network availability (the degree to which the internet network is operable and not in a state of failure or outage at any point of time) and System accessibility (the ease with which subscribers are able to access the network); and
    5. Direct foreign equity within the IASP cannot be greater than 49%.
    The licence is valid for only 5 years. However, renewal for another 3 years may be possible.

    8.2 Regulation of Content on the Internet

    The Internet is considered to be another component of the mass media (like radio and television) in Singapore. This helps explain why the SBA is the regulatory body for content of the Internet. Originally, this regulation duty lay with TAS. However, in order to tighten content control, the government forced TAS to transfer this power to the SBA in 1996.[111]

    Basically, the SBA has adopted a scheme for regulating content on the Internet by implementing a combination of direct government intervention and self-regulation. Direct intervention comes in the form of: identifying blacklisted sites to the IASPs[112]; requiring all IASPs and those Internet Content Providers (ICP) who provide political or religious or racial information to register with the SBA;[113] and blocking pornographic sites.[114] With respect to self-regulation, the SBA has issued an Internet Code of Practice (the "Code") for the IASPs and the ICPs to follow. Under the Code, their obligations vary according to different kinds of content. For example, an IASP will discharge its obligations "in relation to programmes on the World Wide Web, when it denies access to sites notified ... by the [SBA] as containing prohibited material"[115], such as pornographic material, material concerning violence and cruelty, as well as material inciting racial and religious hatred.[116] However, if this material has "intrinsic medical, scientific , artistic or educational value", access does not have to be denied.[117] For content relating to Internet newsgroups, the IASPs are only required to "refrain from subscribing to any newsgroup if, in the IASP's opinion, it is likely to contain prohibited material and to unsubscribe from any newsgroups that the Authority may direct."[118] However, an ICP is required to choose "discussion themes which are not prohibited under the [Code]"[119] and to deny access to any programmes that, to its knowledge, are prohibited by the Code.[120]

    In addition to TAS and the SBA, the National Internet Advisory Committee (NIAC) also plays an important role in regulating the Internet. The NIAC, (which is a body appointed by the Ministry of Information and the Arts), was set up in August 1996 to "advise the SBA on the regulation of electronic information services and the development of the industry."[121]

    9.0 CONCLUSION

    To exploit the advantages of Internet while preventing "undesirable" influences from spreading, it seems certain that China will seek to retain strict controls on both Internet users and Internet content. Over the last two years, China has applied significant effort to learning about Internet policing from Singapore. Senior PRC officials have visited Singapore with this purpose in mind. The result has been a move, in China, towards "more selective restriction and a greater reliance on the threat posed by the possibility of monitoring".[122]

    The PRC approach to control of many "problems" tends, when the problem is difficult, towards complex, overlapping regulatory regimes. Very often, new regulations are piled on top of existing regimes with limited thought given to compatibility or integration. Too often, also, the "correct" behaviour stipulations grow yet more vague and the punishment threats still more draconian. This is hardly to be applauded. Yet the need to resort to such mechanisms usually indicates that the area sought be controlled is, in fact, quite difficult to control. Technological developments are often part of the reason why this is so. And lack of government resources to administer and enforce controls is another explanation for this phenomenon. Endemic corruption also plays a part in undermining the effectiveness of unwieldy, vague regulatory regimes. The growing matrix of Internet control provisions in China fits this pattern.

    Some commentators also are predicting that the Intranet -- "an internal network to link organisational members to organisational information"[123], instead of the Internet will be the direction of future development for China. As Yurcik and Tan have noted:

    [A] national Chinese Intranet with little or no access to the Internet provides one model for Chinese authorities who want to control Internet information. Intranet surveillance tools currently exist which allow Chinese authorities to track web-based information flows.[124]
    As early as January 1997, China announced plans to build a nationwide Intranet.[125] According to the CNET News, the Intranet "will eventually link 50 cities across China", including Hong Kong.[126] Although this project, if successful, will provide a significant contribution to China's internal communication infrastructure, it is questionable to what extent it will draw China closer to the outside world.[127] Nevertheless, if such a "closed" Intranet is developed it does seem it would be bound to create an integrated network that would, potentially, be easy to "plug in" to the international Internet.

    In the battle between the "technological modernizers" and the "controllers" in China, the former are clearly in the ascendency. This does not mean that systems of control are negligible in their impact. They are not. It does mean, though, that the shear size of the Internet and the massive volume of traffic it carries is likely, with time, to make the task of control increasingly difficult. Control-inclined states have long faced the same difficulty -- for the same reasons -- with their postal systems.

     The Internet is not, however, about to "blow away" restrictions on freedom of expression in China overnight still less bring about the demise of the One Party State. There are still serious barriers (related to cost and language) to individual use of the Internet. Moreover, there remain security problems for those wishing to use the Internet to organize politically. And the control mechanisms (and punishments) applying are significant.

     Someone recently suggested that the BBC World Service (BBCWS) radio organisation should realize that the Internet was the way of the future for world-wide broadcasting.[128] This claim seems quite misconceived. In most places where the BBCWS is a prime source of reliable news, even if Internet connections are fairly readily available, as in China, the reality is that the Internet is a very poor competitor to short-wave radio on virtually every count apart perhaps from sound clarity. In terms of anonymity, cost and inconvenience (tieing up your only telephone line to listen to the radio is hardly practical) there is little contest.

     This comment does suggest, though, another technological innovation which is about to become commercially available could prove to be an important supplement to the Internet and other existing technologies in widening mass, global access to information. This innovation is digital satellite radio. It can deliver entirely clear sound and the receivers on the way will not require any sort of conspicuous dish -- just an aerial. Moreover such devices will be compact, run on batteries and, in due course, cheap to buy. Despite our fascination with the Internet, we need to remember that the communication technology revolution remains multi-faceted. And it looks set to remain that way.

     In summary, the Internet has already had a significant impact in China. This impact is bound to increase markedly. Overall, however, the impact of the Internet in China may be less than some imagine. The Internet, has certain built-in limitations which leave room for both traditional and still-arriving communications systems. Control mechanisms will also inhibit its use to a degree. Its impact politically -- in particular -- though important, could prove less significant than its economic and social impact.

    [1] John S. Quarterman and Smoot Carl-Mitchell, The Internet Connection: System Connectivity and Configuration, (USA: Addison-Wesley, 1994), 255.

    [2] April Marine, Susan Kirkpatrick, Vivian Neou and Carol Ward (eds.), Internet: Getting Started, (USA: Prentice Hall, 1994), 139. See also, University of Regina Student Connection Program, "Internet History", August 18, 1997. (http://tdi.uregina.ca/~ursc/internet/history.html) [hereafter Internet History]

    [3] Paul Gilster, The Internet Navigator, (USA: John Wiley & Sons Inc., 1994), 16.

    [4] Ibid. See also, Internet History, op. cit. note 2.

    [5] Internet Society, "A Brief History of the Internet and Related Networks". (http://www.isoc.org)

    [6] Ed Tittel and Margaret Robbins, Internet Access Essentials, (USA: AP Professional, 1995), 25. See also Internet History, op. cit. note 2.

    [7] Tittel and Robbins, ibid. See also, Dave Kristula, "The History of the Internet", March 1997. (http://www.davesite.com).

    [8] Quarterman and Carl-Mitchell, op. cit. note 1, 6.

    [9] "Network Wizards Reports Slowing But Steady Internet Growth", Electronic Mail & Messaging Systems, September 4, 1998. See also Network Wizards, "Internet Domain Survey, July 1998". (http://www.nw.com). Another survey done by the Nua Internet Survey shows that by November 1998, the worldwide online population is approximately 149.75 million. Nua Internet Surveys, "How Many online". (http://www.nua.net).

    [10] Quarterman and Carl-Mitchell, op. cit. note 1, 5.

    [11] Milton Mueller and Zixiang Tan, China in the Information Age: Telecommunications and the Dilemmas of Reform, (USA: Praeger, 1997), 82. See also, John Ure, "Information Service Technology in Hong Kong and China" - Paper delivered to the Special Libraries Association Conference Southeast Asia: The Information Age Washington D.C., USA, 2nd-3rd November 1995), from the homepage of the Telecommunications Research Project, University of Hong Kong, (http://www.trp.hku.hk)

    [12] Mueller and Tan, ibid.

    [13] Ibid.

    [14] Ibid., 83.

    [15] For further explanation of the origin and scope of these networks, see Mueller and Tan, ibid., Chapter 5.

    [16] Sandy Tse and Philip Tsang, "Internet and WWW in China: All the Right Connections", AUUG95 and APWWW95 Charles Sturt University, (http://www.csu.edu.au/special/conference/apwww95/papers95/stse/stse.html)

    [17] Ibid.

    [18] Bryce T. McIntyre, "China's Use of the Internet : A Revolution on Hold" in Paul S.N. Lee (ed.), Telecommunications and Development in China, (Cresskill, N.J.: Hampton Press, 1997), Chapter 7, 154.

    [19] Tse and Tsang, op. cit. note 16.

    [20] William Yurcik and Zixiang Tan, "The Great (Fire) Wall of China: Internet Security and Information Policy Issues in the People's Republic of China" - Proceedings of the 24th Annual Telecommunications Policy Research Conference (TPRC), Solomons Island, MD. October 1996. (http://www.pitt.edu/~wjyst/ascii_tprc96.txt)

    [21] Tse and Tsang, op. cit. note 16.

    [22] Ibid.

    [23] Mueller and Tan, op. cit. note 11, 87. See also, Ure, op. cit. note 11.

    [24] Yurcik and Tan, op. cit. note 20.

    [25] For the details of the Golden Projects, see Ma Rushan, "Golden Bridge- National economic information network project shaping up", 8 (6) China Telecommunications Construction, 27-34; Zhang Qi, "China's information infrastructure and the implementation of the golden projects", 8 (7) China Telecommunications Construction, 49-52 and Gao Xingzhong, "CHINANET, China's Internet backbone network in operation", 7(5) China Telecommunications Construction, 22-28.

    [26] Zixiang (Alex) Tan and Will Foster, "Internet Diffusion in P.R. China", Global Diffusion of the Internet-March 1998. (http://web.syr.edu/~ztan/china.tel.html), 114.

    [27] The China Matrix, "A meta-resource for understanding China's Internet", November 10, 1998. (http://www.virtualchina.com).

    [28] Summer Lemon Computerworld Hong Kong, "Research Group Confirms China 'Net Boom'", August 4,1997, from the homepage of International Data Group (China), (http://www.idgchina.com))

    [29] Ibid.

    [30] John Pomfret, "China's Telecoms Battle", International Heralod Tribune, January 24, 1999.

    [31] Tan and Foster, op. cit. note 26, 111.

    [32] Article 14, Explanation to Certain Questions Concerning the Draft to the Contract Law of the People's Republic of China (May 14, 1997).

    [33] CHINAINFOBANK, "Internet users spur growth of on-line service", October 30, 1998. (http://www.chinainfobank.com)

    [34] Mueller and Tan, op. cit. note 11, 86. There must be some serious doubt about this claim with respect to sub-tertiary level educational institutions.

    [35] CHINAINFOBANK, "China's First Digital Library Opens in Shenyang", October 15, 1998. (http://www.chinainfobank.com).

    [36] Ure, op. cit. note 11.

    [37] In the 17th Annual General Meeting of the MPT in 1979, the MPT declared that it would devote full support to telecommunications development. Ever since 1984, telecommunications development began to be listed as one of the goals of the Chinese government in the Five-Year Plans. Douglas C. Pitt, Niall Levine and Xu Yan, "Touching Stones to Cross the River: evolving telecommunication policy priorities in contemporary China", 5 Journal of Contemporary China 1996, 347-365, 351. See also, Li Jianqun, "Tengfeide Zhongguoyoudian"(China's telecommunications in rapid development), 3 Jiaotong yunshu jingji, youdian jingji (Transportation economy, telecommunications economy), 69-71.

    [38] Ure, op. cit. note 11.

    [39] Yurcik and Tan, op. cit. note 20.

    [40] Tan and Foster, op. cit. note 26, 115-116.

    [41] Frederick T.C. Yu, "Communications and Politics in Communist China" in Lucian W. Pye (ed.), Communications and Political Development, (New Jersey: Princeton University Press, 1963), Chapter 16, 259.

    [42] Emmanuel Parody and Éric Sautedé, "Internet in China: A Modern Innovation with Little Tolerance for Control", 1 China Perspectives, September/October 1995, 36-42. See also, McIntyre, op. cit. note 18.

    [43] Parody and Sautedé, ibid., 40.

    [44] Ibid., 41.

    [45] Erik Eckholm, "China Cracks Down on Dissident in Cyberspace", New York Times, December 31, 1997.

    [46] Ibid.

    [47] Parody and Sautedé, op. cit. note 42, 41.

    [48] Eckholm, op. cit. note 45.

    [49] Parody and Sautedé, op. cit. note 42, 40, and see, also, Eckholm, op. cit. note 45.

    [50] Article 1 of the Provisional Regulations of the PRC for the Management of International Networking with Computer Information Network, which came into force on February 1, 1996, stated clearly that the MPT was gives the sole international Internet gatekeeper in China.

    [51] The network operated by the MPT is the ChinaNET(C).

    [52] The Economist Intelligence Unit, China Market Atlas 1997, (Hong Kong: The Economist Intelligence Unit, 1997), 111.

    [53] Paul S. Triolo and Peter Lovelock, "Up, Up, and Away - With Strings Attached", The China Business Review, November- December, 1996, 18-29, 28.

    [54] Ibid.

    [55] Tan and Foster, op. cit. note 26, 122.

    [56] Ibid.

    [57] Ibid., 109.

    [58] Information & Telecommunications in China on the Internet, "The State Council Steering Committee of National Information Infrastructure. P.R.C.", (http://web.syr.edu/~ztan/china-tel.html).

    [59] CHINAINFOBANK, "New Chinese Ministry Begins Work", April 1, 1998, (http://www.chinainfobank.com).

    [60] The Hong Kong Special Administrative Region of the People's Republic of China is Hong Kong's official title since the resumption of sovereignty by China over Hong Kong since July 1, 1997.

    [61] Ministry of Information Infrastructure, "Introduction of Ministry", (http://www.mii.gov.cn).

    [62] Barry Yen, "Accessing China on the Net", 8 (1) Company Secretary 1998, 26-28, 26. See also, KL Wong, "Surfing the Dragon's Net", ASIALAW, May 1998, 29-33, 33.

    [63] Yen, ibid.

    [64] Ibid.

    [65] Decision of the State Council on Revising the Interim Provisions Governing the Management of Computer Information Networks in the People's Republic of China Connecting to Internet.

    [66] Article 5, Interim Provisions.

    [67] Article 6, Interim Provisions.

    [68] Provisions Governing the Management of Internet Inlets and Outlets for the Computer Information Network.

    [69] Article 7, Interim Provisions.

    [70] Article 9, Interim Provisions.

    [71] Article 8, Interim Provisions.

    [72] Article 13, Interim Provisions.

    [73] SCSCNII Provisions.

    [74] Article 285, Crimnal Law 1997.

    [75] Zhang Qiong (ed.), Xiuding Xingfa Tiaowen Shiyong jieshui (A Practical Explanation to the Amended Criminal Law), (Beijing: Chinese Procuratorate Press, 1997), 371.

    [76] Ibid.

    [77] Article 286, Criminal Law 1997.

    [78] Paragraph 5, PSB Circular.

    [79] Article 1, PSB Provisions.

    [80] Article 10, PSB Provisions.

    [81] Article 5, PSB Provisions

    [82] Article 4, PSB Provisions.

    [83] Article 21, PSB Provisions.

    [84] U.S. Embassy Beijing, "New PRC Internet Regulation: A January 1998 report from U.S. Embassy Beijing", (http://www.redfish.com/USEmbassy-China/sandt/netreg.htm).

    [85] Articles 7, 8, 10, Domain Name Interim Provisions.

    [86] Article 11, Domain Name Interim Provisions.

    [87] Article 6, Domain Name Interim Provisions.

    [88] The China Matrix, op. cit. note 27.

    [89] China Internet Network Information Centre, "The Statistical Report of China's Internet Development (1998/7)", (http://www.cnnic.cn).

    [90] Ibid.

    [91] Liu Dongping, "China Goes With Internet Flow", 10 (6) China Telecommunications Construction, 35-39, 39.

    [92] Zhang Xiaoming, "Wangshangde Dianzibaquan" (Electronic Superiority on the Internet), Zhongguo Qingnian Bao (China Youngsters Post), February 18, 1998. (http://www.chinainfobank.com)

    [93] Yurcik and Tan, op. cit. note 20.

    [94] China Internet Network Information Centre, op. cit. note 89.

    [95] Zhang, op. cit. note 92.

    [96] Triolo and Lovelock, op. cit. note 53, 29. See also, Pomfret, op. cit. note 30, where China Telecom's brutal use of its commercial power to eliminate competition (by using the police, if possible) is detailed.

    [97] Human Rights Watch, "Computer Industry Must Speak Out on Chinese Internet Case", available in the web site of Hong Kong Voice of Democracy, January 24, 1999, (http;//www.democracy.org.hk).

    [98] "Award for dissident", Sunday Morning Post, February 14, 1999, 5.

    [99] International Freedom of Expression Exchange clearing House, "China: Man Sentenced in Internet Censorship Case", available in the web site of the Hong Kong Vocie of Democracy, January 29, 1999, (http;//www.democracy.org.hk).

    [100] Ibid.

    [101] Hong Kong Voice of Democracy, "Electronic Forum Closed by Chinese Government", February 7, 1999, (http://www.democracy.org.hk).

    [102] Hong Kong Voice of Democracy, "Two Chinese Hackers Given Death Sentences", December 31, 1998, (http://www.democracy.org.hk).

    [103] Hong Kong Voice of Democracy, "China to Censure Bulletin Board System", January 30, 1999, (http://www.democracy.org.hk).

    [104] Hong Kong Voice of Democracy, op. cit. note 101.

    [105] Ibid.

    [106] Ibid.

    [107] "Internet use to be checked", South China Morning Post, February 13, 1999, 7.

    [108] Telecommunication Authority of Singapore, "TAS Further Liberalises the Internet Access Service Provision in Singapore", October 8, 1998. (http://www.tas.gov.sg).

    [109] Ibid.

    [110] Telecommunication Authority of Singapore, "Licence Application Guidelines for the Provision of Public Internet Access Services in Singapore", October 8, 1998. (http://www.tas.gov.sg).

    [111] Garry Rodan, "The Internet and Political Control in Singapore", 113 Political Science Quarterly 1998, 63-89, 80.

    [112] Ibid.

    [113] Paragraph 3, The Singapore Broadcasting Authority (Class Licence) Notification 1996. (http://www.SBA.gov.sg).

    [114] SBA, "Myths and Facts about SBA and the Internet", (http://www.sba..gov.sg).

    [115] Clause 3(1), Internet Code of Practice. (http://www.sba.gov.sg).

    [116] Clause 4(2), Internet Code of Practice. (http://www.sba.gov.sg).

    [117] Clause 4(3), Internet Code of Practice. (http://www.sba.gov.sg).

    [118] Clause 3 (2), Internet Code of Practice. (http://www.sba.gov.sg).

    [119] Clause 3 (3)(a), Internet Code of Practice. (http://www.sba.gov.sg).

    [120] Clause 3 (3)(b), (c), Internet Code of Practice. (http://www.sba.gov.sg).

    [121] SBA, "National Internet Advisory Committee", (http://www.sba.gov.sg).

    [122] Rodan, op. cit. note 111, 87.

    [123] Yurcik and Tan, op. cit. note 20.

    [124] Ibid.

    [125] Staff Writers, "China's national intranet", CNET News, January 15, 1997. (http://www.cnet.com)

    [126] Ibid.

    [127] Ibid.

    [128] "The World Service-New order", The Economist, February 13, 1999, 62.