How Article 57 Quietly Perverts China’s New Anti-Spam Regs

In addition to a well-publicized clampdown on email servers, and the usual legalese covering Unsolicited Commercial Email, Chinese authorities slipped a little something extra into their spiffy new anti-spam rules. Article 11 of China’s Internet Email Service Management Regulations specifically incorporates Article 57 of their Telecommunications Regulations.

Article 57 has nothing to do with unsolicited email, commercial or otherwise. Instead, it covers all communications, including personal. According to that regulation, nobody can create, copy or send messages containing anything that:

• subverts state power, or undermines national unity;
• harms the dignity, prosperity and interests of the state;
• arouses ethnic discrimination or undermines ethnic unity;
• undermines state religious policies, or promotes cults and superstitions;
• spreads rumors, disturbs social order, or undermines social stability;
• spreads obscenities, pornography, or gambling.

Presumably, even such messages between you and your brother-in-law are spam.

As the spam regulations just kicked in 30 March 2006, there’s no telling how they will affect China’s rapid ascent toward becoming the world’s largest source for spam (22%), as the current number one, the USA (23%), continues its plunge from 56% in 2004.

But the rules will surely help authorities further stomp out political dissent, as citizens censor themselves and scramble to avoid showing up in the wrong heavily-monitored email server logs.

It works for Singapore. As James Gomez writes in Internet Politics: Surveillance & Intimidation in Singapore:

Every time the subject of “politics” is raised, there is a great uneasiness that one’s phone is being tapped, e-mails are being monitored, and government stalkers are on the loose. Making this fear very real are the government’s use of officers from the Internal Security Department for surveillance, and information that the Ministry of Home Affairs has the capacity to scan e-mail accounts and polices every area of space for political expression.

Thus, while westerners are irritated by unrequested email, victims of authoritarian regimes live in fear of it.

One thing’s certain: Anti-spam crusaders who push for more laws have found enthusiastic allies in China… Perhaps too enthusiastic.

Email Battles Backgrounder:

• Yahoo makes music with Chinese masters one more time.; NewsByte; Email Battles; 28 April 2006.
• Chinese internet company censors 40% of postings; NewsByte; Email Battles; 24 April 2006.
• Skype follows the leaders, censors China’s citizens “for their own good”; NewsByte; Email Battles; 20 April 2006.
• China uses spam law to take over email providers; NewsByte; Email Battles; 14 April 2006.
• Google takes another blab at its meandering China rationale; NewsByte; Email Battles; 12 April 2006.
• Heroic Yahoo rats out yet another Chinese traitor?; NewsByte; Email Battles; 09 February 2006.
• Google censors Chinese from the USA; NewsByte; Email Battles; 25 January 2006.
• China 2006: #1 in spam output; NewsByte; Email Battles; 24 January 2006.
• Microsoft does Chinese dirty work; NewsByte; Email Battles; 06 January 2006.
• Simply Red: China forces phone registration; NewsByte; Email Battles; 02 December 2005.
• US Applauds Chinese Email Snooping; Email Battles; 06 July 2005.
• China Unleashes New Spammer List; Email Battles; 11 February 2004.
• China Blocklists: More Questions Than Answers; Email Battles; 11 February 2004.
• Microsoft Gives Farm To China?; Email Battles; 11 February 2004.