How PRC Websites Disappeared Civil Rights Lawyer Lu Siwei (卢思伟)

On July 28, 2023, the Associated Press reported:

Lu Siwei was seized by Laotian police Friday morning while boarding a train for Thailand. He was on his way to Bangkok to catch a flight to the United States to join his wife and daughter.
....
Lu had a history of taking on sensitive cases, and of navigating the fraught and murky waters of defending people who are deemed to be political targets by authorities.
....
In 2021, Lu was stripped of his legal license after representing a Hong Kong pro-democracy activist who tried to flee to Taiwan. Later that year, Lu was barred from leaving China for a visiting fellowship in the United States and was told he had an exit ban placed on him.

For over a year, Lu has been separated from his wife and daughter, who both resettled in the United States last year.

I previously translated Lu's defense of poet Wang Zang after Wang and his wife were convicted of inciting subversion.

PRC websites began censoring Lu's name years ago. Here is a screenshot from January 8, 2020, showing that at that time Baidu had blacklisted Lu's name, returning no results.

These screenshots were taken in July 2021 and July 2023, and show that Baidu was at both times returning results for Lu's name, but only from a whitelist of about a dozen websites under the direct editorial control of the central government and Communist Part (e.g., China Daily, Xinhua, People's Daily, China Youth Daily, etc.).

The whitelisting censorship of Lu's name is more obvious when one compares how search results have changed for two other PRC search engines - Sogou and Qihoo:

• Qihoo: 2021 - 436 Results, 2023 - 1 Result
• Sogou: 2021 - 368 Results, 2023 - 9 Results

 

What is particularly noteworthy is that, even if PRC search engines had not whitelisted Lu's name, they would still be returning far fewer search results today than previously. This is because it appears PRC websites such as Sina and Netease have deleted almost all articles referring to Lu. These screenshots were taken in July 2021, and show that searches for Lu's name restricted to the Sina.com.cn and 163.com domains returned many results. 

These screenshots were taken in July 2023, and show that searches for "Lu Siwei" on 163.com's own search engine return no results. Similarly, searches for "Lu Siwei" restricted to the sina.com.cn domain on Bing return no results.

These screenshots below show that even when Baidu was whitelist censoring Lu's name, it was still possible to find articles from state run media quoting him. Today, however, the same search returns now returns no results - presumably because the state run media has deleted those articles from their websites.

Here are translations of two of the articles from PRC state sponsored media that appeared in Baidu's 2021 search results, but which I am now unable to find online:

The new policy of online car-hailing is introduced, and a new model of "renting instead of purchasing" is emerging in Sichuan CNR.com
On August 13, 2016, Lu Siwei, chief lawyer of Beijing Yingke Law Firm, told reporters that although the risk of the "rental purchase" model of "making investment" is relatively small, it should still be based on the borrower's repayment continuity, the institutional collection capacity of the organization, and the increase of institutional vehicles......
sc.cnr.cn/sc/2014qy/20160814/t…

CCTV.com-Real Estate Market Information Transparency Survey: How much do you know about real estate market information?
March 31, 2007 In this regard, lawyer Lu Siwei commented that uncertainty is exactly the risk of a market economy.
Now, if this kind of uncertainty is used as a fig leaf for the existence of information barriers in the real estate market, it will only increase the risk of this market. What's more, arbitrary price increases also violate our country's...
CCTV

网约车新政出台四川兴起“以租代购“购车新模式 央广网
2016年8月13日 北京盈科律师事务所主任律师卢思位告诉记者,虽然“爱投资”这种“以租代购”的模式风险比较小,但还是应该在借款人的还款持续性、机构的催收能力、机构车辆增加...........
sc.cnr.cn/sc/2014qy/20160814/t...

CCTV.com-房地产市场信息透明度调查:楼市信息知几何?
2007年3月31日 对此,律师卢思位评价说,不确定性正是市场经济风险所
在,如果用这种不确定性来作为房地产市场存在信息壁垒的遮羞布,那只能会加大这个市场的风险性。何况随意涨价行为也违反了我国的......
央视网

CCTV "Dialogue" Presenter Yang Rui's 2012 Comments on Foreigners, Jews, and Journalists

In 2012 Yang Rui (杨锐) was a presenter for "Dialogue," a program on CCTV-9, the English-language channel of China's state-run China Central Television. The following is a chronicle of events relating to several Sina Weibo posts that Yang made in 2012, and which were subsequently deleted (whether by Yang or Sina Weibo remains a question).

May 8, 2012 - Chinese Government Expels Melissa Chan, Al Jazeera's Correspondent in Beijing, From China

May 14, 2012 – Beijing Public Security Bureau Announces 100 Day Crackdown on Illegals

May 14, Beijing police announced that they would cleanse the capital of foreigners who had entered illegally, were staying illegally, or were working illegally. The number to report this is 010-64038685. We understand that there are almost 200,000 foreigners in Beijing on any given day, and that some illegal aliens are mixed in amongst them, including the "three illegals" foreigners, most of whom have no source of livelihood, no fixed residence, no appropriate jobs, and some have even come to China for the specific purpose of violating the law. The Beijing police will adopt measures such as sweeps of specific districts, regular checks of specific businesses, and strict checks of visa applications. They will increase the scope of rectification of the "three illegals" and other foreigners who violate the law, and at the same time will gather information on "three illegals" foreigners from the public. [Details]
[Related Topic] Foreign Guy Subdued by Onlookers After Sexually Assaulting Chinese Girl, Currently Detained by Beijing Public Security.
北京清理"三非"外国人
5月14日，北京警方宣布，将清理在京非法入境、非法居留、非法工作外国人，举报电话为010－64038685。据了解，北京每日实有近20万外国人，一些外籍不法人员混杂其间，其中"三非"外国人多无生活来源、无稳定住所、无正当职业，有的甚至专门来华犯罪。北京警方将采取重点社区清查、重点部位定期整治、严格审查签证申请等措施，加大整治"三非"等外国人违法犯罪工作力度，同时向社会征集"三非"外国人线索。[详情] 

【相关话题】老外当街性侵中国女子被路人制服，受北京公安拘留

May 16, 2012  - Yang Rui  Says "Sweep Out the Foreign Trash"

The Public Security Bureau wants to sweep out the foreign trash: arrest foreign thugs, protect naive girls, Wudaokou and Sanlitun are disaster areas. Cut off the foreign snake heads, the jobless from the U.S. and Europe who come to China to corral money, engage in human trafficking, and spread deceitful lies to encourage emigration. Identify foreign spies, they find Chinese girls and shack up with them, and their job is to gather intelligence, pretending to be tourists while surveying and mapping for Japan, South Korea, the US and Europe, and improve GPS. Kicked out that foreign bitch, closed Al Jazeera's Beijing bureau, and shut up and kick out those who demonize China.
公安部要清扫洋垃圾：抓洋流氓，保护无知少女，五道口和三里屯是重灾区；斩首洋蛇头，美欧失业者来中国圈钱，贩卖人口，妖言惑众鼓励移民；识别洋间谍，找个中国女人同居，职业是搜集情报，以游客为名义为日本韩国和美欧测绘地图，完善GPS；赶走洋泼妇，关闭半岛电视台驻京办，让妖魔化中国的闭嘴滚蛋

This post was deleted. Original URL: http://weibo.com/1348026261/yjnYxsVVn

May 18, 2012 – The Wall Street Journal Reports Yang Rui's Tweet, and Yang Responds

In "State TV Host Offers Advice on How to Throw Out ‘Foreign Trash’" the Wall Street Journal wrote:

In a rather perplexing move this week, Chinese Central Television host Yang Rui added a dose of poison to an already vitriolic debate about the behavior of foreigners in the Chinese capital by posting a message online in which he accused foreign spies in the city of pursuing Chinese women to cover up their activities, blamed Western residents for encouraging Chinese people to move abroad and appeared to take a certain vulgar delight in the recent expulsion of al-Jazeera correspondent Melissa Chan.

Yang Rui responded to the Wall Street Journal's report on his Sina Weibo  (http://weibo.com/1348026261/yjNszA5w6):

Sweep out the foreign trash, what is the idea behind the Wall Street Journal's report? It implies I'm xenophobic, hardly! There are many scumbag foreigners in China, but there are also many outstanding friendly and law-abiding foreigners. Look at this again, sweeping and cleaning, approaching relationships objectively, Chinese people are extremely hospitable, some to the point of fawning on foreign powers, to the point of surrendering their personal and national honor. Have a nice weekend, buddies, have fun on weekend.
清扫洋垃圾，华尔街日报这么在意？暗示我排外，扯吧！在华的外国人渣不少，优秀的友好的和尊守中国法律的外国人也很多。甄别一下，打扫卫生，理性相处，中国人是非常好客的，有些好客得有些媚外，丧失了人格和国格。周末愉快，buddies, have fun on weekend

May 19, 2012 – Charlie Custer Calls on CCTV to Fire Yang, and Yang Responds

At 9:55 am, Charlie Custer, a foreigner working in China, posted the following on the ChinaGeeks Sina Weibo: (http://www.weibo.com/1749775840/yjRr2oOsS):

Strongly call for CCTV to fire @HostYangRui! (Please look at the attached image, and if you agree, repost!)
强烈要求央视开除@主持人杨锐！（看看长微博，同意的话请转载！）

Twenty minutes later, Yang responded with two posts on his own Sina Weibo.

You're so worked up and self-conscious. You really look unsettled and are behaving badly, part of the trash that should be swept out, and I suggest the police do a little investigating into his background. You're advised to calm down and take a look at this blogger's other posts. I oppose xenophobia, and was referring to that minority of foreign thugs, foreign trash who can't find jobs in their own countries. Foreigners who come to China to run wild of low quality need to be deported. You go ahead and get your ticket for a seat, my job is done here.
你那么激动，不自信，看来真的行为不端，有劣行，是该当垃圾被清扫出去，建议公安部门查一下他的背景。劝你冷静一下，看看博主另一篇围脖，我反对排外，特指那些少数洋流氓，洋垃圾，在自己国内找不到工作，来中国胡来的素质很差的外国人需要被驱逐出境。你对号入座，我的任务完成了。

This post was deleted. Original URL: http://www.weibo.com/1348026261/yjRzHyakE

 

He has foreign nationality, just take a look at a few of his hysterical posts and you'll know. //@WuSuYun: If he is a foreigner, he's definitely foreign trash, and is feeling scared he'll be deported. If he is Chinese, then he is definitely a reverse-racist, you say drive out the foreign trash, and he feels sorrow.
他是外籍，看他的歇斯底里的几条博文就知道了 //@无俗韵:如果他是外国人，定是洋垃圾，感到了被驱逐的恐惧；如果他是中国人，定是逆向种族主义者，你说驱赶洋垃圾，他却如丧考妣。

This post was deleted. Original URL: http://www.weibo.com/1348026261/yjRDcs4g1

Later in the evening of May 19, Yang followed up with another post.

One last point, foreigners who have no skills and are unemployed in their own country who come to China can only find one job that is stable and respectable, and that's peddling English. This isn't debatable. 1. They can earn money, the market is big. 2. They can encourage emigration, collecting fees as middlemen. 3. They make girlfriends, getting close with home tutoring, and using the girls' affection to illegally obtain intelligence. Many of these kinds of foreigners get tourist visas to come to China to do black work, eating and drinking and whoring, some of them engage in organized crime.
最后一点，没有技能，在自己国家失业的人来到中国唯一稳定和被尊重的职业是兜售英语，这无可厚非1，可以赚钱，培训市场大，2，可以鼓励移民，收取中介费，3，交女朋友，近距离的家教，并利用女方的感情套取情报。许多这种洋人拿旅游签证到中国打黑工，吃喝嫖赌，部分人从事有组织犯罪

This post was deleted. Original URL: http://www.weibo.com/1348026261/yjVBgq3jr

 

May 20, 2012 – Yang Rui Threatens to Sue Charlie Custer

On the morning of May 20, Yang Rui made two additional posts on his Sina Weibo about Charlie Custer, both of which were subsequently deleted.

This person's real name is Charlie Custer, and he actually has been interviewed by the China Daily and has used our channel in order to promote his own website ChinaGeeks that specializes in translating Chinese language blogs. He has been mentioned in the New York Times and the Wall Street Journal, and has relied on hawking Chinese topics to gain a modicum of notoriety. Now he's biting the hand that feeds him. The reason he's so worked up is directly related to his long-term criticism of China. He used to be an English teacher in Harbin, and has no other skills.
此人真名叫Charlie Custer, 竟然也接受过中国日报的采访，利用了我们栏目，为自己专门翻译中文博客的网站ChinaGeeks扬名立腕，被纽约时报和华尔街日报提到过，是靠吆喝中国话题出了点小名气。现在过河拆桥。他之所以如此亢奋和激进跟他长期批评中国有关。他先是在哈尔滨教英语，没有别的技能。

This post was deleted. Original URL: http://www.weibo.com/1348026261/yk2FczmV8

 

Custer seriously damaged my reputation, and I retain the right to sue him. This affair is entirely the result of his malicious speculation, and he is inciting racial hatred. I can see his eyes are filled with anti-Chinese hatred! I hope he will respect China's laws. I would also add that he was never an appropriate guest for my program, and compared to most Western guests, for example James Fallows, his quality sucks.
Custer严重伤害了我的名誉，我保留起诉他的权利。此事完全是他恶意炒作自己，煽动种族仇恨. 我看他的眼睛里充满了反华仇恨！希望他遵守中国法律。顺便说一下，他当初根本不配上我的节目，与绝大部分优秀的西方嘉宾相比，比如@JamesFallows 他的水平很烂。

This post was deleted. Original URL: http://www.weibo.com/1348026261/yk2OtkzeT

 

May 21, 2012 – Yang Says He Was Not Referring to Any Group

From the China Daily's "Host May Sue After Claims of Xenophobia." Some excerpts:

Yang Rui, who hosts Dialogue, an English-language show on CCTV News, said Charlie Custer, editor of China Geeks, had "damaged his reputation". He is consulting friends about filing a lawsuit, he said. . . . . 

"His remarks are nothing but libel against a sincere and conscientious host who has been devoted to international cultural exchanges for 13 years," Yang said in a telephone interview. . . . . 

"It's necessary that foreigners remember they need to abide by local customs and laws when they are in China," the TV host said, although he added that his post did not refer to any individual or group, and that the wording may have been misunderstood by some people. 

"I stick to my opinion, even if my wording is harsh," Yang said.

May 22, 2012 – Yang Says He Was Referring to a Group

From the Wall Street Journal's "State TV Host Responds to Controversy Over ‘Foreign Trash’":

On Monday [May 21], Mr. Yang sent The Wall Street Journal a statement addressing the controversy around his Sina Weibo post. It goes as follows: 

For a long time, many young Chinese took it for granted that Westerners are well-educated and polite since they come from industrial nations, where the rule of law prevails. Most of them are friendly. They travel, do business and make a living here honestly. But, some are not, as a number of recent videos involving the apparent attempted rape of a young Chinese girl on one of the main streets of our capital and the disrespect shown to a middle aged woman on a Chinese train. 

The sensational nature of the empowered new media means that some isolated events can ignite strong public reactions. After looking at these incidents I termed these expats "foreign trash," and I believe they should be brought to justice if they are found to have violated our laws. I want to separate them from the silent majority in the expat communities who obey and respect our culture and society. Singling out these Foreign Trash serves to protect the good reputation of decent Westerners. My posting of May 16 is a wake-up call. Western and Chinese, no one should be above the law.  

I hope this will put this issue to rest for those who are willing to listen.

May 24, 2012 – Shanghaiist Blog Publishes Yang's Tweets About Jews

The Shanghaiist blog published a post entitled "Is CCTV host Yang Rui an Anti-Semite?" The post consisted of five of Yang Rui's Sina Weibo posts from 2011 and 2012. Here are three of them:

The media and the republic go up and down together. The US has done this to the extreme, but Wall Street's greed was not exposed because the Jews who manage the finances also control the media. Why does the US media not dare to support the call for the establishment of a Palestinian state? They're afraid of getting fired by their Jewish bosses. When I interviewed the chairman of the US Jewish Association and expressed my doubts about this, he snarled at me ferociously and said that in America no one would dare to speak to him this way. Like a mafia don. Do not idealize American press freedom.
新闻与共和同兴衰。美国做到了极致，但是华尔街的贪婪没有被揭露，因为掌管金融的犹太人同时控制媒体。美国的媒体为何不敢为巴勒斯坦建国呼吁？怕被犹太老板炒鱿鱼。我采访美国犹太人协会主席质疑过此事，他凶相毕露地说，在美国没有人敢这样对他说话，一副黑老大的样子。不要美化了美国的新闻自由

This post was deleted. Original URL: http://www.weibo.com/1348026261/xpdzQlgQX

Americans are free but not equal -- two party politics opposes government interference with society, after the financial crisis blew up not one person has been brought to task.  Whoever wants to be the President has to curry favor with the Jews because they hold both the financial and media worlds in their grasp. Whoever wins a general election must yield to the choices of the voters. Average Americans have the right to bear firearms, but the right to be free from harm is extremely not equal. America has freedom in immigration but there are several million illegal immigrants, and these illegal immigrants essentially become like black slaves.
美国人自由但不平等：两党政治反对政府干预社会，金融危机爆发后无一人被问责；谁想当总统必须讨好犹太人，因为他们掌握金融和新闻界；获得普选胜利者要让位选举人的选举；美国平民拥有枪支的自由，但是免于受害的自由非常不平等；美国移民自由，但是非法移民者有几百万，这些非法移民成为变相黑奴

This post was deleted. Original URL: http://www.weibo.com/1348026261/xufzEf5NO

Who can convince me that US foreign policies have brought peace, stability, and prosperity to the Middle East and Central Asia? Who can convince me that US foreign policies are truly benefiting others and are not selfish? Post 9/11 America is bloodthirsty and has greatly robbed the world of peace. But has it reflected on its flawed biased policy of shielding Israel? It is impossible because the Jews are too powerful in the US domestically, controlling finance and the media. You need the support of the Jews in a presidential election!
有谁能说服我，美国的对外政策为中东和中亚带来了和平稳定和富庶？有谁能说服我，美国的对外政策是利他的，非自私的？911后的美国杀红了眼，搅得世界鸡犬不宁。可是它反省了自己偏袒以色列的错误政策了吗？不可能，因为犹太人在美国国内势力太强大，控制金融和媒体。总统大选需要犹太人！

This post was deleted. Original URL: http://www.weibo.com/1348026261/xE70UtUGl

 

Yang's thoughts on Jews in America, before they were deleted.

 

August 21, 2012 – Yang Rui Says He Apologized to Jewish Scholar For Any Misunderstanding

Yang posted the following on his Weibo - http://weibo.com/1348026261/yy8Z81ArU

Recently I had some sincere communication with a renowned American Jewish scholar that I respect regarding my views on Israel and Jews: during World War II China took many risks to protect Jews, and I have profound sympathy for what Jews experienced at that time, respect for the unity of Jews and their enormous success in the realms of politics and commerce, and appreciation for Sino-Israel relations. He praised the Dialogue program. I emphasized that I deeply apologized if there was any misunderstanding caused. Dialogue and communication is extremely important.
最近跟我尊敬的美著名的犹太人学者认真沟通了关于我对以色列和犹太人的看法：二战时中国冒风险保护过犹太人，我深切同情当时犹太人的遭遇，尊重犹太人的团结和政商界的巨大成功，赞赏中以色列双边关系。他表扬了本栏目Dialogue。我强调如果造成误解深表歉意。对话与沟通十分重要！

October 16, 2012 – Yang Says He Has Apologized for Harm His Incautious Words Caused Melissa Chan

At around noon on October 16, Yang made the following two posts on his Weibo at http://www.weibo.com/1348026261/z0IUu9np6 and http://www.weibo.com/1348026261/z0IXMCCv6:

[My Attitude Toward Western Media -1]: News media values have common characteristics, for example seeking out novelty, public opinion supervision, and commercialism. However, I also understand the Chinese government's concerns about social stability and national security, and I do not approve of demonizing China. From the time that China Central Television's English International Channel came into being I have pursued a news ideal: using dialogue to frankly look into prejudices. Our Dialogue program has realized this. Weibo has opened another forum, mutually criticize, eliminate misunderstanding. 

[My Attitude Toward Western Media -2]: Since I do not approve of demonizing each other, since mid-May I have, at many times and in different venues, expressed my sincere apology for the harm my incautious words caused the former female Beijing correspondent for Al Jazeera English. As for the Chinese government's attitude towards here, that has nothing to do with me. My Weibo space is mine personally, and the author takes sole responsibility. A suddenly-risen China needs more self-confidence and frankness, when criticizing others don't fear being criticized, shouldn't be terrified of speech.

「我对西媒态度-1」：新闻价值有其共性，比如猎奇，舆论监督和商业性。但是，我又很理解中国政府对社会稳定和国家安全的担心，不赞同妖魔化中国。从央视英语国际频道诞生之日起我就追求一个新闻理想：通过对话坦率地探讨分歧。我们的栏目Dialogue实现了。微博则开辟了另一个论坛，相互批评，消除误解。 

「我对西媒态度-2」：既然不赞同妖魔化彼此，从五月中旬到现在数次不同场合下对我曾经措辞不慎伤害了的前半岛电视台英文频道驻京女记者我表示了真诚的道歉。至于中国政府对她的态度与我无关。我的微博空间是个人的，文责自负。崛起的中国需要更加自信和坦诚，在批评他人时也不怕被批评，不应惧怕言论。

At around 5:00 pm that same day he posted the following in response to a user writing to him that "It really took a lot of guts to make a 'sincere apology' like this. Would big-name Western media journalists sincerely apologize for their inappropriate reports on China?" (这样“真诚的道歉”确是需要有勇气的。西媒大牌记者是否也为其对华报道的失当真诚道歉呢？)

It really was incautious to use "bitch," the foreign correspondents in China united to rally a counter-attack, which once again proves 1, the influence of our program, 2, public figures must be circumspect in their speech, 3, when facing Western criticism you can't demonize the other side, and must maintain some decorum when bandying words, can't be like CNN commentator Jack Cafferty's insults to China.
＂泼妇 ＂用语的确不慎，在华外国记者集体抱团反击，再次证明1，我们栏目的影响力，2，公众人物言论必须谨慎，3，面对西媒批评不能妖魔化对方，舆论交锋也要有风度，不能学CNN的评论员卡福蒂的辱华

This post was deleted. Original URL: http://www.weibo.com/1348026261/z0KWf33BI

 

October 19, 2012 - Yang Sends Email to Former Dialogue Guests

According to the Wall Street Journal, Yang wrote:

Since I do not approve of mutual demonization, from mid-May until now, I have on numerous occasions and in multiple venues expressed my sincere apologies to the ex-Beijing correspondent for al-Jazeera who was wounded by my incautious words. The attitude of China’s government towards her has nothing to do with me. My Weibo account is personal and writers should take responsibility for what they write. A rising China needs to be more self-confident and candid, and should not be afraid of being criticized for criticizing others – it should not be afraid of public speech.

Translation: Ilham Tohti Criminal Judgment as Summarized by the Supreme People's Court

The following is a partial translation of the "Ilham Tohti Separatism Case" as it appears in Volume 119 of the "Reference to Criminal Trial" [刑事审判参考] published by the Supreme People's Court of the People's Republic of China. The Chinese version was created by scanning in the relevant pages, and may contain errors due to inaccuracies in the OCR process.

A. BASICS OF THE CASE

Defendant Ilham Tohti, male, Uyghur, born October 25, 1968. Arrested February 20, 2014.

The People's Procuratorate of Urumqi, Xinjiang Uygur Autonomous Region charged defendant Ilham Tohti with the crime of separatism and filed a public prosecution with the Intermediate People’s Court of Urumqi.

Defendant Ilham Tohti and his defense counsel argued that Ilham Tohti did not have the intention to split the country, the alleged separatist criminal syndicate did not exist, and Ilham Tohti's remarks were criticisms of the government and were academic opinions.

The Intermediate People’s Court of Urumqi found through a public trial that in January 2006, defendant Ilham Tohti created the "Uyghur Online" website in Beijing and served as its webmaster. In July 2008, Ilham Tohti established the Beijing Tulan Online Consulting Co., Ltd. and served as its legal representative. The "Uyghur Online" website was a web portal under the company's control. After that, Ilham Tohti used the "Uyghur Online" website as a platform and used his position as a lecturer at the Central University for Nationalities to confuse, entice, and coerce some ethnic minority students to join the website, and positioned himself as the leader of the separatist criminal syndicate. Under the leadership of Ilham Tohti, the criminal syndicate organized, planned, and implemented a series of criminal activities to split the country with the purpose of dividing the country.

1. For a long time defendant Ilham Tohti used his position as a lecturer at the Central University for Nationalities to spread the idea of ​​ethnic division through lectures, slandering and attacking China's Xinjiang-related policies, and inciting the use of violence against the government.

2. For a long time defendant Ilham Tohti and member of his criminal syndicate used the "Uyghur Online" website as a platform to organize and conspire to write, edit, translate, and reprint articles with content that incited separatism. Ilham Tohti was responsible for the review and publication of articles on the "Uyghur Online" website, and he wrote or directly manipulated and instructed group members to write, translate, and reprint more than 100 inflammatory articles and publish them on the "Uyghur Online" website.

3. Since 2009, defendant Ilham Tohti called on members of his criminal syndicate to link up with foreign institutions and individuals involved in the Xinjiang issue. In order to achieve their goal of separatism they echoed each other and attacked the Chinese government in an attempt to internationalize the Xinjiang issue. In order to evade oversight, Ilham Tohti instructed others to move his "Uyghur Online" website server from China to somewhere abroad. He hyped up Xinjiang-related issues and high profile events by accepting interviews with overseas media. He instructed others to translate articles and reports from overseas media websites about the Chinese government's Xinjiang-related policies. At the same time, foreign media also used "Uyghur Online" articles, reports, news, and data to attack the Chinese government's Xinjiang-related policies and hype up Xinjiang-related issues.

4. Since 2009, defendant Ilham Tohti and members of the criminal syndicate have maliciously fabricated and distorted the truth, incited ethnic hatred, encouraged Uyghurs to confront the government, and sought to excuse violent terrorist activities. After "4.23" and other violent terrorist incidents occurred, Ilham Tohti instructed group members to write and reprint articles on the "Uyghur Online" website to distort the facts such as the cause of the violent terrorist incidents. On April 24, 2013, an ordinary case of assault among ethnic and Han students occurred at the Central University for Nationalities. After learning about the case, Ilham Tohti instructed the group members to distort the facts and wrote articles such as "A Group of Han Students Assaulted Uyghur Students at the Central University for Nationalities," maliciously creating ethnic tension.

5. Since 2010, defendant Ilham Tohti has fabricated social questionnaire survey reports without setting up a research team or distributing questionnaires and conducting interviews, and publicly published survey reports on the "Uyghur Online" website with false data, fabricating bogus public opinions supporting Xinjiang's independence and a "high degree of autonomy."

6. At the beginning of 2013, defendant Ilham Tohti arranged for members of the criminal syndicate to collect materials on the religious situation in Xinjiang, and he himself wrote the "Summary of Typical Cases of Deprivation and Violation of the Freedom of Religious Belief of Xinjiang Uyghur People," which libeled the Chinese government as engaging in long-term repressive suppression and restriction of religious freedom in Xinjiang, and infringing on legal religious rights. In order to internationalize the Xinjiang issue, in March of the same year, Ilham Tohti assigned members of the syndicate to go abroad to participate in international conferences, and submitted and promoted the "Summary of Typical Cases of Deprivation and Violation of the Freedom of Religious Belief of the Xinjiang Uyghur People," which aggressively attacked China's ethnic and religious policies.

7. After the "June 26" Shaoguan Incident in 2009, defendant Ilham Tohti used the Internet to hype the incident, and on the "Uyghur Online" website IlhamTohti published articles such as "The 6.26 Incident and the Myth of Multi-ethnic Harmonious Coexistence," attacking the government, distorting the truth, and inciting ethnic hatred. "Uyghur Online's" inflammatory articles and Ilham Tohti’s inflammatory remarks influenced Mai Doe, Ai Doe, and others to assemble illegal gatherings, and played a definite role in the occurrence of serious violent crimes such as beatings, smashings, looting, and burning during the "7.5" incident in Urumqi.

On September 23, 2014, the Intermediate People’s Court of Urumqi found defendant Ilham Tohti guilty of separatism in the (2014) Wu  Intermediate Criminal First Instance No. 100 Criminal Judgment, and sentenced him to life imprisonment, deprivation of political rights for life, and confiscation of all personal property.

After the verdict in the case of first instance was announced, defendant Ilham Tohti did not accept it and filed an appeal.

The High People's Court of the Xinjiang Uyghur Autonomous Region held a trial and rejected the appeal in the (2014) Xin Criminal First Intermediate Final No. 172 criminal ruling, upholding the original sentence, and on November 21, 2014, the verdict was sent to Ilham Tohti and the second-instance criminal ruling was served.

B. DECISION RATIONALE

Article 26(2) of the Criminal Law stipulates: "A criminal syndicate is a more or less permanent criminal organization composed of three or more persons for the purpose of jointly committing crimes." Ilham Tohti aimed to split the country and used the "Uyghur Online" website as a platform, and used his position as a university lecturer to confuse, entice, and coerce some ethnic minority students to join the website, gradually forming a relatively stable organization. The organization was headed by Ilham Tohti, with clear internal divisions and relatively stable core members. They engaged in separatist activities over an extended period of time, which complies with the criminal law's provisions on criminal syndicates.

According to Article 103(1) of the Criminal Law, the crime of separatism refers to the act of organizing, planning, and implementing the separation of the country and undermining national unity. In this case, Ilham Tohti organized and led a separatist criminal syndicate to spread ethnic separatist thoughts through lectures and the Internet, and attacked China's ethnic and religious policies. He connected with relevant overseas institutions and individuals in an attempt to internationalize the Xinjiang issue. He fabricated social questionnaire survey reports and forged bogus public opinions supporting Xinjiang’s independence and "high degree of autonomy." He used  individual cases to spread rumors, create incidents, and incite ethnic hatred. He sought to excuse Xinjiang-related violent terrorist cases, expressed solidarity with and support for violence and terrorism, incited violence and ethnic hatred, and created ethnic opposition. Ilham Tohti possessed the subjective criminal intent to divide the country and undermine national unity. Objectively, he organized and led a criminal syndicate to plan and implement a series of criminal activities to divide the country. This conforms to the elements of the crime of separatism and constitutes the crime of separatism.

Freedom of speech is certainly a constitutional right, but freedom of speech is not absolute, and in any event it may not be abused. While China's Constitution grants citizens the freedom of speech and the right to criticize and petition to state agencies and their staff, it also stipulates that the exercise of rights and freedoms of citizens shall not harm the interests of the nation's social collective and the legitimate freedoms and rights of other citizens, and it stipulates that citizens have the obligation to maintain national unity and the unity of all nationalities in the country. For every citizen, maintaining the unity of the country is both a practical matter and the bottom line of the law. Defendant Ilham Tohti’s teaching content and online articles either used topics to create contradictions, or fabricated rumors to distort facts. This seriously affected ethnic unity and harmed the unity of the country. It went beyond the legitimate exercise of rights and the freedom of speech, divided the country in the name of speech and academic criticism, and must be resolutely punished in accordance with the law.

[AFTERWARD]

[Deliberately Omitted]

(Written by: Chen Xinjun, Second Criminal Court of the Supreme People's Court
Edited by: Wang Xiaodong, Second Criminal Court of the Supreme People's Court)

伊力哈木•土赫提分裂国家案,

一、基本案情

被告人伊力哈木•土赫提,男,维吾尔族,1968年10月25日出生。2014年2月20日被逮捕。

新疆维吾尔自治区乌鲁木齐市人民检察院指控被告人伊力哈木•土赫提犯分裂国家罪,向乌鲁木齐市中级人民法院提起公诉。

被告人伊力哈木•土赫提及其辩护人以伊力哈木•土赫提不具有分裂国家故意,指控的分裂国家犯罪集团不存在,伊力哈木•土赫提的言论是对政府的批评,属学术观点等进行辩解、辩护。

乌鲁木齐市中级人民法院经公开审理查明:2006年1月,被告人伊力哈木・土赫提在北京创建“维吾尔在线”网站并任网站站长。2008年7月,伊力哈木•土赫提成立北京图兰在线咨询有限公司并任法定代表人,“维吾尔在线”网站为该公司下属门户网站。之后,伊力哈木・土赫提以“维吾尔在线”网站为平台,利用其中央民族大学讲师的身份,盡惑、拉拢、胁迫部分少数民族学生加入该网站,形成了以其本人为首要分子的分裂国家犯罪集团。该犯罪集团在伊力哈木•土赫提的领导下,以分裂国家为目的,组织、策划、实施了一系列分裂国家的犯罪活动。

1.长期以来,被告人伊力哈木•土赫提以分裂国家为目的,利用其中央民族大学讲师的身份,通过授课活动,传播民族分裂思想,诋毁、攻击我国涉疆政策,煽动以暴力手段对抗政府。

2.长期以来,被告人伊力哈木•土赫提及其犯罪集团成员以“维吾尔在线”网站为平台,有组织、有计划地撰写、编辑、翻译、转载含有煽动分裂国家内容的文章。伊力哈木•土赫提负责“维吾尔在线”网站文章的审核与发表,其撰写或直接操纵指使集团成员撰写、翻译、转载100余篇煽动性文章,在“维吾尔在线”网站发表。

3.2009年以来,被告人伊力哈木-土赫提及其犯罪集团成员与境外有新疆问题国际关机构和个人相勾连,遥相呼应,大肆攻击我国政府,图谋使新疆问题国际化,以实现分裂国家的目的。为逃避监管,伊力哈木-土赫提指使他“维吾尔在线”网站服务器由中国境内迁往境外;通过接受境外媒体采访等方式炒作涉疆问题及热点事件;指使他人从境外媒体网站上翻译中国政府涉疆政策的文章和报道。同时,境外媒体也通过转发、使用“维尔在线”的文章、报道、新闻或数据来攻击中国政府的涉疆政策,炒作涉疆问题。

4.2009年以来,被告人伊力哈木•土赫提及其犯罪集团成员恶意杜撰、歪曲事实真相,煽动民族仇视,鼓动维吾尔群众对抗政府,为暴力恐怖活动制造借口。“4·23”等暴力恐怖案件发生后,伊力哈木•土赫提指使集团成员在“维吾尔在线”网站撰写、转载文章,歪曲暴恐案的起因等事实。2013年4月24日,中央民族大学校内发生一起普通的民汉两学生互殴案件,伊力哈木•土赫提知悉该案件后,指使集团成员歪曲事实真相,撰写《中央民族大学发生汉族学生群殴维吾尔学生事件》等文章,恶意制造民族矛盾。

5.2010年以来,被告人伊力哈木•土赫提在既未组建课题组,也未进行调查问卷和访谈的情况下,杜撰社会问卷调查报告,并在“维吾尔在线”网站以虚假数据公开发表调查报告,伪造支持新疆独立和“高度自治”的虚假民意。

6.2013年年初,被告人伊力哈木•土赫提安排犯罪集团成员收集新疆宗教情况的材料,由其本人撰写《新疆维吾尔族宗教信仰自由权利被剥夺、遭侵犯典型案例概述》,污蔑中国政府长期对新疆宗教自由高压压制,限制合法宗教权利。为使新疆问题国际化,同年3月,伊力哈木•土赫提指派集团成员出境参加国际会议,提交并宣讲了《新疆维吾尔族宗教信仰自由权利被剥夺、遭侵犯典型案例概述》,大肆攻击我国民族宗教政策。

7.2009年“6·26”韶关事件后,被告人伊力哈木,土赫提利用互联网炒作该事件,“维吾尔在线”网站伊力哈木•土赫提专栏发表《6.26事件和多民族和谐共处的神话》等文章,攻击政府,歪曲事实真相,煽动民族仇恨。在“维吾尔在线”煽动性文章和伊力哈木•土赫提煽动性言论的影响之下,买某、艾某等人策划、实施了非法聚集,对乌鲁木齐“7.5"打砸抢烧严重暴力犯罪活动的发生起到了一定作用。

2014年9月23日,乌鲁木齐市中级人民法院以(2014)乌中刑一初字第100号刑事判决,认定被告人伊力哈木•土赫提犯分裂国家罪,判处无期徒刑,剥夺政治权利终身,并处没收个人全部财产。

一审宣判后,被告人伊力哈木•土赫提不服,提出上诉。

新疆维吾尔自治区高级人民法院经审理,以(2014)新刑一终字第172号刑事裁定,驳回上诉,维持原判,并于2014年11月21日向伊力哈木•土赫提宣判、送达了二审刑事裁定书。

二、裁判理由

《刑法》第二十六条第二款规定:“三人以上为共同实施犯罪而组成的较为固定的犯罪组织,是犯罪集团。”伊力哈木•土赫提以分裂国家为目的,以“维吾尔在线”网站为平台,利用其大学教师身份,盖惑、拉拢、胁迫部分少数民族学生加入该网站,逐渐形成较为稳定的组织。该组织以伊力哈木•土赫提为首,内部分工明确,骨干成员较为固定,长期从事分裂国家活动,符合刑法关于犯罪集团的规定。

根据《刑法》第一百零三条第一款的规定,分裂国家罪是指组织、策划、实施分裂国家、破坏国家统一的行为。本案中,伊力哈木•土赫提组织、领导分裂国家犯罪集团,通过授课、网络传播民族分裂思想,攻击我国民族宗教政策;与境外有关机构和个人相勾连,图谋使新疆问题国际化;杜撰社会问卷调查报告,伪造支持新疆独立和“高度自治”的虚假民意;借个案造谣生事,制造事端,煽动民族仇恨;为涉疆暴力恐怖案件制造借口,声援和支持暴恐行为,煽动暴力及民族仇恨,制造民族对立。伊力哈木•土赫提主观上具有分裂国家、破坏国家统一的犯罪故意,客观上组织、领导犯罪集团策划、实了一系列分裂国家的犯罪活动,符合分裂国家罪的构成要件,已构成分裂国家罪。

言论自由固然是宪法性权利,但言论自由不是绝对的,更不能滥用。我国《宪法》赋予公民言论自由和对国家机关及其工作人员批评、建议挖出权利的同时,规定公民在行使权利和自由的时候不得损害国家的社会集体的利益和其他公民合法的自由和权利,并规定公民有维护国家统、全国各民族团结的义务。对于每一个公民而言,维护国家统一,既是实并务,也是法律底线。被告人伊力哈木•土赫提的授课内容和网络文章或者借题发挥、制造矛盾,或者编造谣言歪曲事实,严重影响民族团结,亚元害国家统一,已经超越了正当行使权利和言论自由的法律界限,是以言论白由、学术批评之名行分裂国家、破坏统一之实,必须坚决依法严惩。

【编后语】

[Deliberately Omitted]

(撰稿:最高人民法院刑二庭陈新军
审编:最高人民法院刑二庭王晓东)

Baidu and Alibaba Ban Some Taiwan and Hong Kong Artists

Wu Nien-jen (吴念真) is a scriptwriter, director, and author from Taiwan. This screenshot was taken on January 24, 2017, and shows that search for his name on Baidu’s PostBar (Tieba 贴吧) forum returns a notice that says: “Apologies, in accordance with relevant laws, regulations, and policies, this forum cannot be opened at this time” (抱歉，根据相关法律法规和政策，本吧暂不开放).

Link: http://tieba.baidu.com/f?ie=utf-8&kw=%E5%90%B4%E5%BF%B5%E7%9C%9F

Bobby Chen (陈升) is a singer and record producer from Taiwan.  This screenshot was taken on January 24, 2017, and shows that search for his name on Baidu’s PostBar (Tieba 贴吧) forum returns a notice that says: “Apologies, in accordance with relevant laws, regulations, and policies, this forum cannot be opened at this time” (抱歉，根据相关法律法规和政策，本吧暂不开放).

Link: http://tieba.baidu.com/f?ie=utf-8&kw=%E9%99%88%E5%8D%87

Hindsight (光景消逝) is a band based in Taiwan. This screenshot was taken on January 24, 2017, and shows that a search for its name on Alibaba’s Xiami music service returns a notice that says “In accordance with relevant laws, regulations, and policies, search results have not been displayed” (根据相关法律法规和政策,搜索结果未予展示).

Link: http://www.xiami.com/search?key=%E5%85%89%E6%99%AF%E6%B6%88%E9%80%9D

King Ly Chee (荔枝王) is a band based in Hong Kong. This screenshot was taken on January 24, 2017, and shows that a search for its name on Alibaba’s Xiami music service returns a notice that says “In accordance with relevant laws, regulations, and policies, search results have not been displayed” (根据相关法律法规和政策,搜索结果未予展示).

Link: http://www.xiami.com/search?key=%E8%8D%94%E6%9E%9D%E7%8E%8B

On Eve of G20 Sina Weibo Censors "G20 Disturbs the People"

On August 31, 2016, the state sponsored Global Times published an article entitled “China’s Global Role Acknowledged at G20.” Some excerpts:

The 11th G20 Summit is one of the most significant in the 17-year history of this multilateral economic forum.
. . . .
Additionally, the organization of the G20 Summit in a Chinese city, Hangzhou, for the first time is itself an important development. China is the world major growth engine and certainly deserves the opportunity to host this leading event. In spite of some malicious Western media criticism about overspending, Hangzhou is ready to undertake this responsibility and the largest part of its residents are happy with this international initiative.

The following day the Global Times published a series of photos like the one below showing how people in China were “rolling out the welcome mat in a variety of creative ways.”

 These screenshots show that on September 1, 2016 Sina Weibo began censoring search results for “The G20 Disturbs the People” (G20 扰民).

This screenshot was taken in 2008, and shows that a search on Baidu for “The Olympics Disturbs the People” (奥运会扰民) returned no search results, only a notice saying that “Search results may relate to content that does not comply with relevant laws, regulations, and policies, and have not been displayed.”

On Day of Tsai Ing-wen's Inauguration, Sina Weibo Censors "Cai Yingwen" and "Taiwan"

See also: During Taiwan Elections Sina Weibo Begins Censoring "Taiwan" 

On May 20, 2016, the state sponsored Global Times published an editorial entitled “Cross-Straits Ties Enter Era of Uncertainty Under Tsai.” Some excerpts:

Today is the day Taiwan's new "president" Tsai Ing-wen and "vice president" Chen Chien-jen are to deliver their inauguration speeches and assume office. A new era for a cross-Straits region that is characterized by uncertainty officially kicks off.
. . . .
The mainland's endeavors during Chen's "presidency" showed that "jurisprudential independence" will never work out on the island. However, certain people are still holding on to the fantasy that "soft independence" might be workable. Perhaps a new round of contention is inevitable to completely drive the topic of Taiwan independence away while making the one-China principle the one and only starting point to maintain the status quo.

The DPP resuming office and refusing to acknowledge the 1992 Consensus are becoming key factors that may reverse cross-Strait ties. If the mainland indulges it, the result could be that all our previous efforts will be lost.

These screenshots were taken on the morning of May 20, 2016, and show that searches for “Tsai Ing-wen” (蔡英文) and “Taiwan” (台湾) on Sina Weibo returned no results.

Lawyer Yuan Yulai Sues Government For Confiscating Books

On March 8, 2016, the state sponsored Global Times published an article entitled “Publication Watchdog Sued Over Book Seizure.” Some excerpts:

A lawyer from East China's Zhejiang Province sued the local publication watchdog on Monday after 14 books that he bought online and that were published by Taiwan or Hong Kong publishers - some of which are about the Bible, Marxism and North Korea - were confiscated on suspicion that they were "illegal publications."

Yuan Yulai, a lawyer at Zhejiang Zhixing Law Firm who has taken on several cases against government bodies, told the Global Times on Monday that he has filed his suit with the People's Court of the Beilun District in Ningbo, Zhejiang and will receive a reply within seven days.
. . . .
According to Yuan, five people including law enforcement officers from the culture, radio, television, news and publication bureau of Ningbo's Jiangdong district and local police officers came to his office on March 4 and informed him that books in an unopened package were illegal publications. Despite his protests, the officers opened the package and confiscated all 14 books.
. . . .
A search of Chinese e-commerce website taobao.com showed that some of these books were still sold on the platform as of press time.
. . . .
Yuan is also known as an online celebrity who had over 20 million Sina Weibo followers before his account was shut down in late 2015. He started an online campaign in April 2013 encouraging people to stop visiting the town of Fenghuang, a popular tourist destination in Xiangxi Tujia and Miao Autonomous Prefecture in Central China's Hunan Province, after local authorities began charging entry fees to the town, prompting a backlash among local store owners.

On March 9, 2016, the Global Times published an article entitled “Local Govt Says Book Seizure was Lawful Operation.” Some excerpts:

The local district government in Ningbo, East China's Zhejiang Province said Tuesday that the local publication watchdog's confiscation of a lawyer's books on suspicion that they were "illegal publications" was a regular law enforcement operation and the results of the investigation will be released through proper channels.
. . . .
Yuan argued that the operation's procedure was illegal because the law enforcement officers confiscated the books, which goes against the country's Law on Administrative Penalty.

According to that law, administrative organs may obtain evidence through sampling. Under circumstances where it is likely that the evidence may be destroyed, lost, or difficult to obtain at a later point, administrative organs may - with the approval of their leading members - first register the evidence for preservation and make a timely decision on its disposition within seven days. 

"If they had merely registered the evidence for preservation, I would still have these books in my hand and would have no need to file a lawsuit," said Yuan.

This screenshot was taken on March 13, 2016, and shows that Taobao would not allow users to find results for "The Girl With Seven Names," one of the books confiscated from Yuan's offices.

This screenshot shows, however, that the same search with the final character removed returns many results.

A full translation of Yuan's complaint is available here: http://blog.feichangdao.com/2016/03/translation-lawyer-yuan-yulais.html

Baidu Begins Censoring "Gui Minhai" - Hong Kong Bookseller Detained in China

On January 17, 2016, the state sponsored Global Times published an article entitled “‘Missing’ HK Bookseller Turns Himself in to Mainland Police for Drunk Driving Killing of a College Girl in 2003”. Some excerpts:

One of the five missing Hong Kong booksellers has said that he returned to the Chinese mainland to turn himself in after 11 years on the run for killing a college student while driving drunk, the Xinhua News Agency reported Sunday.  

"Returning to the Chinese mainland and surrendering was my personal choice and had nothing to do with anyone else. I should shoulder my responsibility and I don't want any individual or institutions to interfere, or viciously hype up my return," Gui told Xinhua. He is currently being held in a detention center, the location of which was not mentioned.
. . . .
Mystery has been surrounding the whereabouts of Gui and 4 other booksellers. Previous reports said that Gui went missing while vacationing in Thailand in the middle of October 2015. He had sent an e-mail to his printers on October 15, asking his co-workers to get ready for a new book.

On January 19, 2016, the Hu Xijin, editor of the Global Times, published an editorial under his pen name “Shan Renping” (单仁平) entitled "Don’t Distort Publisher Case into Mainland-HK Dispute." Some excerpts:

A Xinhua News Agency investigative article on Sunday revealed the story behind Gui Minhai, one of five missing Hong Kong publishers. Gui, a China-born Swedish citizen, was involved in a fatal car accident when drunk driving, in which a female college student was killed. He was sentenced to a suspended two-year jail term, and then fled abroad. He confessed his crime to Chinese mainland authorities in October last year. He was shown on State broadcaster China Central Television on Sunday night.

His appearance soon sparked speculation that he was detained by mainland authorities because of a bookshop known for selling works that maliciously attack the mainland's political systems.

How could such a person as Gui, who was serving a suspended jail term, manage to stay in Hong Kong and conduct activities which do damage to Chinese society? After his confession, some Hongkongers intentionally exaggerated this case. But his wrongdoing, before the case was revealed,  had been intentionally ignored. Those Hongkongers deliberately pick up particular legal affairs.
. . . .
Some in the Hong Kong opposition believe that "one country, two systems" grants Hong Kong the right to confront the mainland and the central government, plus Hong Kong is the bastion of any extreme or illegal actions that would shake the mainland's political systems.

Hong Kong and the mainland should not confront each other. Anyone should not try to find a "legal space" in the Basic Law where the mainland and Hong Kong face off. The difference of judiciary systems in the two parts should not be highlighted and distorted as a crackdown on freedom in Hong Kong.

These screenshots show that on January 21, 2016, Baidu began censoring search results for two spellings of “Gui Minhai” (桂敏海 and 桂民海).

Huang An's Weibo Posts Disappear

As noted previously on this blog, on January 15, 2016, the singer Huang An (黃安) posted an announcement on his verified Sina Weibo account that Zhou Ziyu had apologized and "admitted that there is only one China." A translation of the post and additional background is available here.

On January 20, 2016, Hu Xijin, editor of the state sponsored Global Times, published an editorial using the pen name Shan Renping (单仁平) entitled “Teenage Singer’s Apology Manipulated by Forces Seeking Confrontation” (周子瑜“道歉”风波，大陆网民错几许). Some excerpts:

The fallout from Taiwan K-pop star Chou Tzu-yu's apology is still fermenting. The 16-year-old singer, who waved the Republic of China's flag on a South Korean TV show, was accused of being in favor of Taiwan independence by Huang An, a formerly well-known TV host from Taiwan. Chou's fans claimed online Chou was not a Chinese and that Taiwan was a country. These comments have triggered viral criticism from the Chinese mainland against Chou and her company, JYP Entertainment.
. . . .
Chou's scandal is essentially an entertainment matter - online public opinion giving a lesson to a singer who is regarded as having touched the political bottom line. Things would be over if Chou and her company took remedial actions. Yet, Chou's way of apology has become a political bomb. It is likely that JYP Entertainment or the apology was manipulated by politicians from the very beginning.
. . . .
Above all, mainlanders have not expressed sufficient patriotic feelings. China needs to accumulate more experience in playing the card of public opinion. For any nation, patriotism is a tool for social governance, which we should not be skeptical about.

周子瑜“道歉”事件仍在发酵。这名台湾新出道的16岁艺人上周被黄安举报早前在韩国举“中华民国”的青天白日旗，疑似她的粉丝团表示“子瑜是台湾人，并不是中国人，台湾本来就是一个国家”，遭到大陆网民的批评。由于其签约的韩国JYP公司处理失当，引起大陆网民进一步愤慨。网上指责周子瑜和JYP公司的声音响成一片。
. . . .
这本来就是一个娱乐事件，一名初出道的艺人被认为踩了政治线，网上舆论教训她一顿，她和公司低调些，或者采取恰当补救措施，也就过去了。但她的道歉方式变成了更重的政治炸弹，JYP或者是傻到家的娱乐公司，或者这场道歉从一开始就受到了政治操纵，融进了阴谋。
. . . .
总体看，大陆爱国民意释放得不是太多，而是不足。国家对外打“民意牌”的经验也需不断积累。民意、尤其是爱国民意在任何国家都是社会治理的正资源。我们切莫因具体争议而怀疑这一点。

These screenshots show that, days after Huang An published his Weibo post gloating over Zhou Ziyu's apology, all of his Weibo posts were gone.

Huang An's now-empty Weibo page is here - http://weibo.com/huangan.

Chinese Government Calls for "Measures to Ensure Global Cyberspace Governance Meshed with Chinese Opinions"

On December 30, 2015, China’s official news agency Xinhua published an article entitled “Xi Calls for Patriotism in Achieving Chinese Dream.” Some excerpts:

Chinese President Xi Jinping on Wednesday called for promoting patriotism to achieve the great rejuvenation of the Chinese nation.
. . . .
Xi said the CPC is the steadiest advocate and practitioner of patriotism, calling for making patriotism as an eternal theme in education, in a bid to make it as the firm belief and spiritual prop of each Chinese individual and be carried on from generation to generation.

Advocating that patriotism must unify it with socialism, Xi said, adding that only by loving the country, the Party and socialism can patriotism be fresh and real.

The following day the state sponsored People’s Daily published an article on the front page of its Chinese language overseas print edition entitled “Face the World and Promote a Nationalist Spirit” (面向世界弘扬爱国主义精神) with the Chinese text of Xi's speech:

习近平强调，弘扬爱国主义精神，必须坚持爱国主义和社会主义相统一。我国爱国主义始终围绕着实现民族富强、人民幸福而发展，最终汇流于中国特色社会主义。祖国的命运和党的命运、社会主义的命运是密不可分的。只有坚持爱国和爱党、爱社会主义相统一，爱国主义才是鲜活的、真实的，这是当代中国爱国主义精神最重要的体现。今天我们讲爱国主义，这个道理要经常讲、反复讲。

On January 7, 2016, China’s official news agency Xinhua published an article entitled “China Vows to Make Party's Voice Strongest in Cyberspace” (全国网络宣传工作会议：让党的主张成为网络空间最强音). Some excerpts:

China's Internet regulator vowed to make the views of the ruling Communist Party of China (CPC) the "strongest voice in cyberspace."

The Cyberspace Administration of China (CAC) discussed cyberspace publicity work on Tuesday and Wednesday, with a statement issued after the talks promising continued exploration and improvements to the governance of cyberspace with Chinese socialist characteristics.

It was agreed that the CPC's theories and achievements would be the mainstream opinions and main tone of China's cyberspace, and the Internet would be utilized to garner public support on the 13th Five-Year Plan (2016-2020).
. . . .
It also called for more work to be done to improve cyberspace governance, with measures to ensure global cyberspace governance meshed with Chinese opinions and plans.

１月５日到６日在此间召开的全国网络宣传工作会议强调，２０１６年是网信工作的“创新年”，要大力推进网络宣传工作理念、内容、手段、队伍建设等全方位创新，进一步探索和完善中国特色社会主义治网之道，让党的主张成为网络空间最强音，为“十三五”时期开好局起好步提供有力网络舆论支持。
. . . .
会议要求，全国网信系统２０１６年应重点做好以下工作：深化以习近平同志为总书记的党中央治国理政新理念新思想新战略和新实践的网上宣传，让党的理论创新成果和实践成就成为网络空间高昂的主基调、主旋律。围绕中心、服务大局，加大网上正面宣传力度，营造决胜全面小康的舆论氛围。
. . . .
用中国主张、中国方案引领全球网络治理体系变革。

During Taiwan Elections Sina Weibo Begins Censoring "Taiwan"

On January 16, 2016, the state sponsored China Daily published an editorial entitled “Tsai Should Prove Sincerity About Peace Across Taiwan Straits.” Some excerpts:

Now that the Democratic Progressive Party leader Tsai Ing-wen has won Taiwan's "presidential" election, she should waste no time to prove that she is sincere in maintaining peace and stability across the Taiwan Straits. She should work to make people in Taiwan feel safe, instead of creating anxieties with her ambiguous mainland policy.
. . . .
Many differences remain between the mainland and Taiwan, not only in lifestyle and social system, but also in how and when the two sides should be reunited. But under no circumstance should the differences be used as excuses to seek Taiwan independence, which means war, as the mainland's Anti-Secession Law suggests. The bottom line shall never be tested.

Any attempt to steer the island closer to independence will be a fool's errand.

On January 17, 2016, the state sponsored Global Times published an editorial entitled “Taiwanese Choose Tsai, Not Independence.” Some excerpts:

Democratic Progressive Party (DPP) Chairman Tsai Ing-wen won by a landslide in Taiwan’s “presidential” elections on Saturday, and the DPP she leads captured the majority of seats in the Legislative Yuan, with the Kuomintang once again becoming an opposition party.
. . . .
The vote is not a gauge of cross-Straits relations. The DPP’s victory doesn’t mean the majority of Taiwanese support Taiwan independence. Tsai and her party are aware of this, so in her victory speech, she was evasive about the current issues between Taiwan and the mainland, only scrupulously stating that she will be engaged in a “consistent, predictable and sustainable cross-Straits relations.”
. . . .
Tsai should keep in mind that if she revisits Chen’s dangerous path to cross the red line of cross-Straits relations, she will meet a dead end. We hope Tsai can lead the DPP out of the hallucinations of Taiwan independence, and contribute to the peaceful and common development between Taiwan and the mainland.

These screenshots show that on the day of the election, Sina Weibo began censoring search results for “Taiwan General Election” (台湾大选).

These screenshots show that on the evening of January 16, Sina Weibo was in fact censoring all searches containing the word “Taiwan.” The following day Sina Weibo was no longer completely censoring all search results for "Taiwan," but was instead moderating search results when users selected “View All Search Results” (查看全部搜索结果) - in this case only one result was being shown.

Sina Weibo Starts Censoring Search Results for "Zhou Ziyu Apologizes"

Huang An's Sina Weibo post.

At 10:52 pm on January 15, 2016, the singer Huang An (黃安) posted the following on his verified Sina Weibo account:

Zhou Ziyu has finally come out and apologized! With her own mouth she admitted that there is only one China, that the two sides of the straights are of one body, and that in all ways she see herself as Chinese, and proud of it! How long have we awaited this day. Once again we've striven to bring a young child back to identify with the motherland. The people of the motherland have one again achieved a major milestone on the road of anti-Taiwan independence. Everyone reshare!

周子瑜终于出来道歉了！她亲口承认中国只有一个，海峡两岸是一体的，她始终为自己是一个中国人感到骄傲！我们终于等来这一天！我们又争取回一个认同祖国的好孩子。祖国人民再次在反台独道路上取得巨大成就。大家转起！

Link to Huang An's post: http://weibo.com/2489313225/Ddicvrhlc?type=comment#_rnd1452935618397

Zhou (Chou Tzu-yu 周子瑜) is a 16 year-old member of JYP Entertainment's South Korean pop group TWICE.

The first screenshot below shows that, shortly after midnight on January 16, “Zhou Ziyu Apologizes” (周子瑜道歉) was Number 1 on Sina Weibo’s list of “Hot Topics.” The top search result was from the verified Sina Weibo account of the “Hunan University of Arts and Sciences” (湖南文理学院微博协会) and read:

JYP ultimately issued an apology along with Zhou Ziyu, but only because its share price was plummeting, but even then over the last few days they've been brazenly cursing Chinese people on the foreign Internet as Chinese pig! jyp's errors in guiding public opinion has lead the foreign Internet,, including Korean Internet users, to undertake all kinds of slanders and attacks, and the deviation from the facts has damaged our reputation! Zhou Ziyu deleted her apology from Twitter and reposted tweets cursing pigs! We're not going to accept this muted apology

JYP公司因股价大跌才发表道歉声明和周子瑜道歉视频，然而前几天他们在外网上公然骂中国人Chinese pig！jyp的错误舆论引导，导致外网上包括韩国网民对我们中国网民进行各种污蔑攻击，事实的偏差让我们名誉受损！周子瑜把推特上的道歉视频删了还转发了骂猪的帖子！小编表示这道歉我们不接受

That post was subsequently deleted.

The second and third screenshots below show that by 11:00 am on the morning of the 16th, Sina Weibo was telling users it couldn’t find any search results for “Zhou Ziyu Apologizes.” Then a few hours later the same search returned a censorship notice.

Baidu Encyclopedia Article on "Internet Sovereignty" Disappears

On December 16, 2015, the state sponsored China Daily published an article entitled “Internet Sovereignty Should be Respected: President.”  Some excerpts:

President Xi Jinping said the international community should respect the "Internet sovereignty" of individual countries and build a "multilateral, democratic, and transparent" global Internet governance system.

"Based on the principle of mutual respect and mutual trust, the international community should increase dialogues and cooperation, reform global Internet governance, and make the cyberspace a peaceful, secure and open place," Xi said at the opening ceremony of the 2nd World Internet Conference, in Wuzhen, Zhejiang province on Wednesday, Dec 16.

Xi went on to say that the global Internet governance reform needs to be based on a principle of Internet sovereignty. "We should respect the rights of individual countries in choosing their own Internet development path, Internet governance, and Internet policies and take part in cyberspace governance on an equal basis and not push cyberspace hegemony or interfere in other countries' internal affairs or engage in or support cyberspace activities that jeopardize the national security of others."

Officials said China has been the victim of a large number of cyber attacks from Internet servers based in some developed countries, such as the United States.
. . . .
Regarding the overall management of cyberspace, Xi said there needs to be a proper balance in "freedom" and "order", and that "freedom is the end of order and order the guarantee of freedom".

"We should respect the rights of netizens in exchanging ideas and expressions, but should also build good cyberspace order that accords with the law to benefit and protect the rights of the netizens."

On the following day an Internet user updated Baidu’s Encyclopedia (“Baike” 百科, a wikipedia-like product) to include an article on “Internet Sovereignty” (互联网主权) - a variation of the exact phrasing used by Xi Jinping at Wuzhen - "网路主权," which is more directly translated as "network sovereignty."

Practically all of the article’s content came from state run media and a “white paper” produced by the PRC government. There was, however, one exception: a section entitled “Leaping Over the Wall is a Kind of International Trafficking Crime” (翻“墙”是一种国际偷渡的犯罪行为). That section read:

If you have sovereignty, then you have a balkanized net. If you have a balkanized net, you have the world. The borders of the balkanized net must be defined by "walls." The 1970's "Declaration of Principles of International Law" set forth the content of the principles of sovereignty, the heart of which is the equality of each country's sovereignty. Seeing as everyone is equal, after China advocates for its own rights on the Internet, then the United States of America shall also advocate for its rights, France and Germany, Japan and North Korea, all should have this opportunity. How does everyone divide up territory while maintaining peaceful coexistence? We know that territory can be demarcated using a Great Wall. The concept of the balkanized net discussed above, the balkanized net, may also be demarcated by the great "firewall." With a wall, the Internet has international borders, and everyone is like you don't bother me and I won't bother you, equal. Walls symbolize boundaries, and illegal behavior will be subject to international sanctions. In the future, Internet trafficking will also be attacked.

Anyone who has read this far should ask, if walls are built on the Internet, won't this mean that the country adopts a closed door policy, and the Celestial Empire will create an intranet?

This way of thinking is incorrect. It only tells half the story. The former half of that statement is wrong, the latter half of that statement is reasonable. The Internet will always be free, and information will will always be free, and creating a Internet nation is not for adopting a closed door policy, but rather for achieving information order.

People also ask, if we are not adopting a closed door policy, then why can't Google.com be accessed?

Google's inaccessibility is the result of their alienating themselves from China's Internet users. In an age when information spread unchecked and there was no sovereignty, they paid a grievous price. Now, when this kind of Internet Sovereignty is built up, and after  international Internet order is upheld, then you can access it.

How to access it? Very simple. As a Netizen, you must carry a residential identification card, and in accord with processes for citizens going abroad, fully prepare all kinds of evidentiary materials, and first go to the "Online Embassy" and file an application, which the Online Embassy will submit to Google, and after you have received Google's approval you will be able to sign on. Ha Ha. Of course, you can't have any criminal record, and if your file shows any record of hacking, the likelihood that you will be refused will be relatively high.

有了主权，就有领网，有了领网，就有边界。领网的边界需要“墙”来定。1970年的《国际法原则宣言》阐述了主权原则的内容，其中心是各国主权平等。既然大家平等嘛，中国在互联网上主张了自己的权利之后，美利坚合众国也当主张权利，法国德国意大利，日本韩国北朝鲜，也应当有这个机会。大家如何划分地盘做到和平共处呢？我们知道，领土，可以通过长城界定，前文讲了领网的概念，领网，也可以通过伟大的“防火墙”界定。有了墙，互联网上就有国际边界，大家你不烦我我不烦你，平等。墙作为边界的象征，是应该受到法律保护的。因此，翻墙是一种未经许可的违法行为，违法行为，则要受到国际制裁。网络偷渡行为，也将受到打击。

看到这里，有人该问了，在互联网上立起墙来，这不是要闭关锁国，大搞天朝局域网吗？

这思路是不正确的。只说对了一半。前半句不对，后半句有理。互联网永远是自由的，信息也是自由的，建立了互联网国家，但绝不是要闭关锁国，而是为了实现信息秩序化。

又有人问，不闭关锁国，那Google.com为啥不能访问了？

Google不能访问，那是他们自绝于中国网民。在信息泛滥，没有主权的时代，他们付出了惨重的代价。现在，建立这样一套网络主权，维护了国际网络秩序后，你就可以访问啦。

怎么访问？很简单，作为一个网民，你要带好居民身份证，按照公民出国流程，准备好各种证明材料，先到“网络大使馆”申请，网络大使馆将申请提交Google，获得Google批准后即可登录。哈哈。当然你不能有犯罪前科，若是档案中曾有黑客记录的话，遭拒的可能性那就比较大啦。

These screenshots show that the article was deleted within hours (even though Baidu continued to show it in search results for some time).

An article entitled "Network Sovereignty" (网路主权) remained available. That article did not contain the aforementioned language, and de-emphasized the idea that the concept was exclusively an invention of leaders of the Chinese Communist Party.

On December 17, 2015, the state sponsored Global Times published an article entitled “No Internet Hegemony: Xi.” Some excerpts:

Huang Rihan, a research fellow with the Maritime Silk Road Institute at Huaqiao University in Fujian Province, told the Global Times that it is necessary for China to propose a new model of Internet governance as it grows to become a "strong Internet power" and it is also part of its responsibilities as a major world power to offer new ideas in governance.

There are now two major Internet governance models, one represented by the US, which advocates so-called open and free principles, the other represented by China, which insists on cyber sovereignty, Huang said.

"China's experience is based on regulation of cyberspace activities within the rule of law," said Huang. "China insists that the security and freedom of cyberspace can only be guaranteed when order is maintained."

"We should respect Internet users' rights to exchange their ideas and express their minds, and we should also build good order in cyberspace in accordance with the law as it will help protect the legitimate rights and interests of all Internet users," Xi said Wednesday, stressing that cyberspace is not "a place beyond the rule of law."

Shen Yi, an associate professor of international studies at Fudan University in Shanghai, said that cyberspace does not need hegemony or a hegemonic country, but it is in need of a system of order or regulation, which will further support Internet development and bring benefits.

"Whether some Westerners recognize it or not, China has been exploring its own path of Internet governance, which meets the demands of the development of its Internet in a market economy," Shen told the Global Times.

Such a path has enabled domestic Internet companies to grow strong, and in the meantime, international Internet giants are also eager to get a share of the Chinese market, he noted.

The more the US emphasizes its concept of "Internet freedom" and tries to bind its national interest with the Internet, said Shen, the more other countries may be forced to adopt regulations on the Internet to protect their own interests. "The Internet should become a real public sphere instead of a tool of the US," he said.

State Media Supports Banning Canadian Beauty Queen for Criticizing China

On December 28, 2015, the state sponsored Global Times published an editorial entitled “Miss World Canada Must Accept Consequences of Political Action.” Some excerpts:

In November, Miss World Canada Anastasia Lin, a Chinese-born Canadian citizen, said she was denied a visa to come to China for the competition. Chinese immigration officials also stopped her boarding a flight from Hong Kong to Sanya, foiling her attempt to benefit from Hainan Province's special visa policy for Canadian nationals.

In a response to inquiries made by Canadian newspaper Globe and Mail, the Chinese embassy in Canada declared that "China does not allow any persona non grata to come to China." Lin had earned the "unwelcome person" status before she claimed the title of Miss Canada, and it was for a reason.
. . . .
Several roles she played showed Falun Gong in a positive light, a group branded a dangerous cult by the Chinese government due to its brainwashing and the risk it poses to social stability.

Her advocacy for "human rights" based on her "sympathy" for Tibet and Xinjiang separatists aims to smear the Chinese authorities, regardless of the separatists' notoriety in Chinese society. In July, she testified at a US Congressional hearing, criticizing China's "persecution" of religious freedom.
. . . .
Every society should stick to certain principles. If Lin continues on her way, she should bear the costs. In most cases, political speculation is like walking on the edge of a cliff. It's only a delusion if she wants to be a double-dealer, tarnishing China's image to please the West, and while gaining popularity in the Chinese market.