Cheung_Anne---Online Privacy

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Transcript of Cheung_Anne---Online Privacy

  • Anne SY CheungDepartment of Law, University of Hong Konganne.cheung@hku.hkJune 2008Too Little Freedom or Too Much Speech?Cyber bullying of Chinese Netizens

    A Study of Online Defamation and Privacy Violations

  • ArgumentGrowing trend of cyber bullying in the area of defamation (reputation) and privacy infringement in ChinaArgues for a liability system on ISP

  • Cyber BullyingIntentional, deliberate and targeted attack on private citizenAbusive, threatening, harassingRecurring or repeated behaviour for a consistent period of timeBy anonymous individual(s), which may amount to collective activity

  • Social SanctionsUsed to shame, humiliate, ridicule, entertainment, or private revenge

  • Law on Reputation ProtectionArt. 38 of the PRC Constitutionpersonal dignity, insult, libel, false charge or frame-up is prohibitedArticle 101 and 120 of the Civil LawProtects reputation, personality and honourCriminal defamation under art. 246 of Criminal Law

  • PrivacyInterpretation of the Supreme Peoples Court 1988, 1993, 1998Ones reputation could be damaged if there is unauthorized disclosure of private details, or as a result of insult or slander

  • Online RegulationInternet users who insult or defame or infringe the lawful rights of othersISPs have duty to remove unlawful materials, inform the authority and keep the record of violatorsBut

  • Reputation/DefamationAkin to common law Gao Xiaosong v. Yahoo (2005)Chen Tangfa v. Hangzhou Blogcn (2005)Zhang Keke v. Tianya (2008)

  • Internet ScandalWhat should one do?

  • Zhang Ying, Peking U graduate

  • PrivacyEgao Social EvilPerceived Self-Justified Behaviour

  • Egao Malicious or reckless attack through visual, audio, video, textual formsAmusement or entertainingLittle FattyShanghai Lovers

  • Since 2003, Little Fatty became a star. Fat weighing 100 kg, spotted on the road. Image imposed on presidential conks on Mount Rushmore, Jackie Chan, Mona Lisa, Broke Back Mountains. Made the hit at Independent and Reuters

  • Jan. 16, 2008 Shanghai lovers

  • Socially Reprehensible Acts?

  • In 2006, picture of animal torture. Within 4 days, Wang Yu was located

  • 2008, pending case before Beijing court, Wang Fei, unfaithful husband. Husband, third party, brother of husband, parents of H were all being targeted. Their addresses, phone numbers, personal information were being exposed on the Internet. The first two were dismissed by their company.

  • Self-Justified Act?

  • End of 2007, Zhang Shufan, a primary school student said the Internet was very yellow, very violent. Within 5 days, 1200 postings concerning her personal information, running for 12 full web pages on BBS in Baidu.8days, till Baidu interfered. The Company froze the postings for 8 days.

  • 2008 Wangqianyu. Because of her stance, she was lableled by netizens as a traitor. Not only was her personal contact information being exposed, her parents information was also distributed. Death threats were written outside her residence and her parents.

  • Peaceful Demonstration?

    Outside Wangs parent home

  • ISPs LiabilityGiven large no. of netizens involved, most are anonymousEurope: notice and take down once aware that information was unlawfulUS: Communications Decency Act butDelaware (Doe v. Cahill) ISP should disclose anonymous authors is the standard of a summary judgment is metWashington (Doe v. 2TheMart.com), whether the claim could withstand a motion to dismiss and to file a discovery request

    Zhang Ying, Peking U graduateSince 2003, Little Fatty became a star. Fat weighing 100 kg, spotted on the road. Image imposed on presidential conks on Mount Rushmore, Jackie Chan, Mona Lisa, Broke Back Mountains. Made the hit at Independent and ReutersJan. 16, 2008 Shanghai loversIn 2006, picture of animal torture. Within 4 days, Wang Yu was located2008, pending case before Beijing court, Wang Fei, unfaithful husband. Husband, third party, brother of husband, parents of H were all being targeted. Their addresses, phone numbers, personal information were being exposed on the Internet. The first two were dismissed by their company.End of 2007, Zhang Shufan, a primary school student said the Internet was very yellow, very violent. Within 5 days, 1200 postings concerning her personal information, running for 12 full web pages on BBS in Baidu.8days, till Baidu interfered. The Company froze the postings for 8 days.2008 Wangqianyu. Because of her stance, she was lableled by netizens as a traitor. Not only was her personal contact information being exposed, her parents information was also distributed. Death threats were written outside her residence and her parents.Outside Wangs parent home