[893] PRC Constitution. (Constitution Act, 1993) ch. II (Fundamental Rights and Duties of Citizens), art. 38, translation available at http://www.qis.net/chinalaw/prccon5.htm.
[894] People's Republic of China Constitution (Constitution Act, 1993) ch. II (Fundamental Rights and Duties of Citizens), art. 37, 39-40, translation available at http://www.qis.net/chinalaw/prccon5.htm.
[895] Human Rights Achievements in China (April 9, 2000) http://www.china-embassy.org/eng/7068.html.
[896] Congressional-Executive Commission on China, Annual Report (2002) http://cecc.sbsii.com/pages/annualRpt/2002annRptEng.pdf.
[897] Id. Art. 252.
[898] Id. Art. 245.
[899] U.S. Department of State, Country Reports on Human Rights Practices -2002, March 2003, available at http://www.state.gov/g/drl/rls/hrrpt/2002/18239pf.htm.
[900] Id.
[901] General Principles of Civil Law, Art. 101 http://www.qis.net/chinalaw/prclaw27.htm. This right would seem to roughly correspond with the American tort of invasion of privacy, as defined by Prosser, that of placing a person in a false light in the public eye, see W. Prosser, The Law of Torts 863-866 (St. Paul: West Group, 5th ed. 1984).
[902] General Principles of Criminal Law, art. 246 http://www.qis.net/chinalaw/prclaw60.htm.
[903] Zhu, supra.
[904] Law on the Protection of Minors, art. 30; G. Zhu, "The Right to Privacy: An Emerging Right in Chinese Law" 18(3) Statute L. Rev. 208, 211 (1997 at n.17.
[905] Law on the Protection of Rights and Interests of Women, art. 39, Zhu, supra note X, n.18.
[906] Law on Lawyers, art. 23, Zhu, supra, at n.19.
[907] Law on Statistics, art. 14, Zhu, supra, at n.20.
[908] Provisional Regulations Relating to Bank Management, art. 47, Zhu, supra, at n.21.
[909] Opinions on Several Questions concerning the implementation of the 'General Principles of Civil Law of the PRC' at para. 140, Zhu, supra, at n. 22.
[910] "Patient's Privacy Rights Become an Issue in China" China Daily, July 17, 2001.
[911] Id.
[912] 2002 U.S. State Dept. Report, supra.
[913] Id.
[914] Postal Law of the People's Republic of China, (December 2, 1986) § 6.
[915] Id. § 21.
[916] "U.S. to push China on encryption" Reuters, January 27, 2000 http://www.wired.com/news/politics/0,1283,33950,00.html.
[917] State Council Order Number 273, October 22, 1999.
[918] M. Forney, "Ban Raised Fears Involving Privacy in Communications,"Wall Street Journal, March 13, 2000. See also EPIC, Cryptography and Liberty 2000: An International Survey of Encryption Policy http://www2.epic.org/reports/crypto2000/countries.html#Heading26.
[919] M. Forney, "China Relaxes Strong Rules on Net Encryption Programs," Wall Street Journal, March 13, 2000.
[920] W.J.F Jenner, "China and Freedom" in D. Kelly and A. Reid, Asian Freedoms: the idea of freedom in East and Southeast Asia(Cambridge University Press, 1998).
[921] M. Jendrzejczyk, "China: Human Rights and U.S. Policy" Statement to Congressional Human Rights Caucus, May 15, 2001 http://www.hrw.org/press/2001/05/chinastatement.htm, eight members of a book club were arrested in May 2001 for failing to register with local authorities.
[922] Regulations of the People's Republic of China on Administrative Penalties for Public Security, September 5, 1986.
[923] China ratified the International Covenant on Economic, Social and Cultural Rights in February, 2002, but reserved the right to freely organize and join trade unions.
[924] For a discussion of possible modalities of class-based surveillance see J. Young, "On the Fringe: State Surveillance and Differential Privacy Rights in Canada" Lex Informatica, (April, 2000) http://www.lexinformatica.org/dox/panopticsort.pdf.
[925] In June 2000, authorities arrested Huang Qi, operator of a web site on missing children at http://www.6-4tianwang.com for posting an article critical of the PRC leadership's handling of Tianamen Square. He was tried in secret and has not been heard from since, see e.g. V. Pik-Kwan Chan, "Amnesty says 200 in prison over June 4" South China Morning Post, May 31, 2002.
[926] No independent watchdog organizations were permitted in China, see HRW World Report, supra note X at "Defending Human Rights".
[927] Authorities monitor and regular detain "splittist" activists in Tibet and Xianjiang, see HRW World Report, supra note X at "Tibet," "Xinjiang".
[928] T. Ee Lyn, "HK Bars More Falun Gong members before anniversary" Reuters, June 29, 2002, quoting one Australian Falun Gong member "As soon as the authorities punched my name into the computer, [the Customs Officer] sent for guards right away and I was taken to a waiting room."; R. Callick, "Out of China to Outer Melbourne" Australian Financial Review, June 21, 2002, documenting the story of Zeng Zheng, a Falun Gong supporter, who was arrested when she tried to explain the movement to her parents in an email, which authorities intercepted.
[929] PRC Const., § 36, supra.
[930] 2002 U.S. State Dept. Report, supra.
[931] M. Cernetig, "Census takers in China can count on mistrust," The Globe & Mail, November 16, 2000.
[932] "Massive miscount looms as privacy issues, 'one child' policies hinder China census" China Online, October 31, 2000.
[933] "Regulations of the People's Republic of China Concerning Resident Identity Cards" Xinhua News Agency, May 7,1984, via BBC Summary of World Broadcasts.
[934] 2002 U.S. State Dept. Report, supra.
[935] Id.
[936] "With eye on Security, China nurtures domestic IC cards," Electronic Engineering Times, August 9, 1999.
[937] "Electronic Social Security Card in Shanghai" BNA World Data Protection Report, September 2001, at 6.
[938] See e.g., Human Rights Watch, Freedom of Expression and the Internet in China: A Human Rights Watch Backgrounder (2001), available ay http://www.hrw.org/backgrounder/asia/china-bck-0701.htm see also Revised Provisional Regulations Governing the Management of Chinese Computer Information Networks Connected to International Networks § 6, May 20, 1997, available at http://msnhomepages.talkcity.com/NonProfitBlvd/cnlawyer/netregu0.htm which prohibits connection to international networks except through approved "access channels".
[939] "China forms information security oversight committee," Xinhua News Agency, February 12, 1999.
[940] Human Rights Watch, HRW World Report 2002 (New York: HRW, 2002), available at http://www.hrw.org/wr2k2/asia4.html.
[941] K. Platt, "China's 'cybercops' clamp down," ChristianScience Monitor, November 17, 1999.
[942] M. Laris, "China sniffing out dissent on the Internet; Government accused of web sabotage" Washington Post, August 5, 1999.
[943] J. Zittrain and B. Edelman, "Empirical Analysis of Internet Filtering in China," available at http://cyber.law.harvard.edu/filtering/china/.
[944] A Stroehlein, "Internet Censors in China Loosening Their Grip," May 23, 2003, http://www.ojr.org/ojr/world_reports/1053660077.php.
[945] Rand Center for Asia-Pacific Policy, "China and the Internet: A Game of Cat and Mouse?" available at http://www.rand.org/nsrd/capp/events/catandmouse.html.
[946] "China Enacts Sweeping Rules On Internet Firms," Reuters, October 2, 2000.
[947] U.S. Embassy Beijing, Kids, Cadres And "Cultists" All Love It: Growing Influence Of The Internet In China (Beijing 2001) available at http://www.usembassy-china.org.cn/english/sandt/netoverview.html.
[948] Computer Information Network and Internet Security, Protection and Management Regulations, art. 7(December 11, 1997) available at http://www.qis.net/chinalaw/prclaw54.htm.
[949] Id. arts. 8, 10, 13.
[950] General Principles of Criminal Law, arts. 285-287 http://www.qis.net/chinalaw/prclaw60.htm.
[951] "China launches crackdown on 'harmful' Internet content" Yahoo! News Singapore, May 1, 2002, http://sg.news.yahoo.com/020501/1/2otr6.html.
[952] The anonymity provided by Internet cafés hearkens to the use of "big-character posters" of an earlier era and provides a unique opportunity for Chinese citizens - particularly students - to express personal opinions.
[953] HRW Backgrounder 2001, called "Internet Police 100," the software comes in versions designed for home, cafés and schools.
[954] "Chinese man sentenced for posting articles on net," Digital Freedom Network, June 19, 2000 http://www.dfn.org/focus/china/liuweifang.htm, citing Shenzhen Legal Daily.
[955] "Mass Shutdown of Chinese Internet Cafes," The Guardian, July 10, 2002, available at http://www.guardian.co.uk/internetnews/story/0,7369,752802,00.html.
[956] "China Seen Tightening Control Over Internet Cafes," Reuters, June 10, 2003, available at http://www.reuters.com/newsArticle.jhtml?storyID=2905528.
[957] "Living Dangerously on the Net," Reporters Without Borders, May 12, 2003, available at http://www.rsf.fr/article.php3?id_article=6793.
[958] "China Sentences Internet Writer," available at http://www.bakutoday.net/view.php?d=2941.
[959] "China Jails Four Internet Activists for Subversion," Reuters, May 29, 2002, available at http://www.reuters.com/newsArticle.jhtml?storyID=2842114.
[960] Golden Shield, supra, at 9.
[961] HRW Backgrounder 2001.
[962] G. Walton, China's Golden Shield: Corporations and the Development of Surveillance Technology in the People's Republic of China, (Rights and Democracy, 2001) at 9 http://serveur.ichrdd.ca/english/commdoc/publications/globalization/goldenShieldEng.html.
[963] See e.g. J. Lee, "United States Backs Plan to Help Chinese Evade Government Censorship of Web" New York Times, August 30, 2001, at A10. At other times, the Australian Broadcasting Corporation, the New York Times and the BBC have been blocked.
[964] M. Cohn, "China Seeks to Build the Great Firewall; Controlled modernization the mantra" Toronto Star, July 21, 2001, at A01.
[965] The Australian Broadcasting Corporation and the New York Times were separately removed from the "blacklist" after complaints to the PRC government. See e.g. D. Miklovic et al., "Internet Shutdown: 200,000 China Cybercafes Shut in a Day" Gartner Group, June 25, 2002, available at http://www3.gartner.com/resources/107700/107751/107751.pdf.
[966] See China Academy of Social Sciences, Survey of Internet Use 2001, (May 2001) http://cass.net.cn; see also U.S. Embassy Beijing, China's Internet Information Skirmish, (Beijing 2000) http://www.usembassy-china.org.cn/english/sandt/webwar.htm.
[967] Golden Shield, supra note X, 15.
[968] B. Rappert, "Assessing the Technologies of Political Control" (1999) 36(6) J. of Peace Research 741. The Golden Shield Project contemplates automated voice recognition through digital signal processing; distributed, network video surveillance; and, content-filtration of the Internet.
[969] EPIC, Carnivore FOIA Litigation page, at http://www.epic.org/privacy/carnivore/.
[970] See e.g. L. Weijun,"China Plans to Build Internet Monitoring System," China News Daily, Mar. 20, 2001 http://www.cnd.org/Global/01/03/20/010320-3.html. For more on current discussions of Carnivore, see B. Krebs, "Groups Urge Ashcroft To Act On Carnivore, Privacy Issues," Newsbytes, May 3, 2001, at http://www.newsbytes.com/news/01/165261.html.
[971] 'Chinese Lawmakers Urge Early Ratification of Human Rights Convention,' Xinhua News Service, February 27, 2001, at http://202.84.17.11/english/htm/20010227/378782A.htm.