Ｔｈｅ“Ｇｒｅｅｎ Ｄａｍ”Ｃｏｎｔｒｏｖｅｒｓｙ

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The Chinese governments decision to battle harmfulinformation online through the direct installation of software filters on PCs, got a somewhat tepid response from hardware manufacturers and met with outright skepticism from the media and netizens. There is doubt the package that is meant to sort out and reject socially unacceptable sites will actually work, so the government is taking some criticism about what many regard as an error of judgment.

The Ministry of Industry and Information Technology (MIIT) announced on June 9, 2009 that all computers produced or sold in China after July 1 would come installed with Green Dam –Youth Escort, a software package designed to block harmful information, such as pornography, encountered on the Internet.With the principal objective of protecting minors, it can also be used to help parents manage or limit the time their children spend online.

“If you have children or are planning to have children, it is easy to understand the concern of parents about the spread of obscene or vulgar content online,” said Qin Gang, spokesperson for the Chinese Foreign Ministry, during a regularly scheduled press conference on June 9. However, many netizens and media hesitate to condone the governments decision to unilaterally install the software on domestic hardware. Whether the filter can actually do the job is their principal question. Besides that, major security flaws were reported on Green Dam, specifically that the software contained programming errors that couldeasilybe exploited by hackers seeking control of users computers.

Zhang Chenmin, general manager of Zhengzhou Jinhui Computer System Engineering Ltd., developer of Green Dam, admits that the software filter has bugs. He promised that the company will continue to provide upgraded versions and service packs to make it safer for users.

Another objection is that such installations infringe on PC users privacy. “I have the freedom to decide whether or not to install a lock on my front door,” said Dr. Ma Guangyuan from the Chinese Academy of Social Sciences. The exercise of universal requirements, he said, should have a legal basis. The response to this kind of argument from MIIT is that pre-installation would not be compulsory per se, because this application can be easily disabled or uninstalled by computer users. It would not collect “cookies” tracing the online activities of users, or collect any other information about users.

Wei Yongzheng, a professor at Hong Kong Shue Yan University, and Zhou Ze, associate professor at China Youth University for Political Science, said in a letter to the State Council that the requirement for filter installation violates a few laws already on the books, including the Government Procurement Law, the Law Against Unfair Competition and the Anti-monopoly Law. Besides, antivirus software like Kingsoft or Microsofts Vista Operating System already have this filter function.

These oversights brought to their attention, MIIT announced shortly before the deadline that the pre-installation requirement was suspended, giving the reason that computer producers had complained compliance would demand extra time. In the meantime the ministry would continue to provide a free download of Green Dam, and equip school and Internet bar computers with it. Some domestic manufacturers have offered the package as a hard drive extra or a compact disc product companion. However the users have the final say on the installation of the Green Dam-Youth Escort.

As a matter of record, China is not the first country to install online filter software. The French government signed an agreement with telecom operators in 2006, requiring all newly registered network users fill in a form probing for the need to install an online filter for minors. Named logiciel de contrôle parental, it is a free online download, but telecom operators were required to execute installation if the need was identified. The software will automatically shield certain websites and establish a blacklist.

It is clear that its not Green Dam that created a dilemma for the Chinese government.Disputation revolves around the governments administrative oversight. Lu Jingjian, a director with China Computer Federation, said there should be a public hearing if the government is tempted to impose a software package on consumers. “The significance of this discussion is that many agencies within the government – those who prefer to make policy by fiat instead of soliciting opinions first – have had to admit their approach will come back to bite them,” said Russell Leigh Moses, a Beijing-based analyst of Chinese politics. According to commentator Ou Muhua, a departments zeal for acting in the publics interest should be subordinate to avoiding conflict with peoples freedom of choice, or risk being conspicuously undemocratic.

Criticism from all sides has had a sobering effect. At the press conference announcing suspension of Green Dam pre-installation, the spokesman for MIIT said, “The ministry will seek feedback from all quarters and fine tune the project and related plans. We welcome constructive suggestions and supervision from all walks of life.”