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Chinese Man Sues State-Owned Cell Phone Company For Blocking Google

jfruh writes China is notorious for censoring the Internet for its citizens, and access in the country became particularly spotty last year as the government tried to block any commemoration of the 25th anniversary of the Tiannamen Square massacre. But now one Chinese man is striking back through the courts. A 26-year-old legal practitioner is suing his cell phone company, the government-owned China Unicom, and demanding a refund for periods in which he was unable to access Gmail or Google's Hong Kong search page.

78 comments

  1. Good luck with that. by Anonymous Coward · · Score: 1

    Hope he enjoys his unmarked mass grave.

    1. Re:Good luck with that. by Anonymous Coward · · Score: 1

      And his relatives will equally enjoy the bill for the bullets used for his execution..

    2. Re:Good luck with that. by K.+S.+Kyosuke · · Score: 2

      They're going to clone him before they shoot them?

      --
      Ezekiel 23:20
    3. Re:Good luck with that. by kheldan · · Score: 1

      Oh, I doubt he'll be killed for his actions.
      What'll more likely happen, is he'll have 'a mental breakdown' as a result of the stress of the proceedings, and have to be institutionalized 'for his own health and safety', where he'll be drugged to the gills -- until one day months or years later he'll 'recover' and recant his actions against the State 'because he was obviously having mental/emotional problems that were affecting his judgement' or somesuch. Naturally his family will foot the bill for his 'hospitalization' and 'rehabilitation/treatment', which will bankrupt them, but since family is so important in China, they'll be more than happy to reimburse the State.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    4. Re:Good luck with that. by Anonymous Coward · · Score: 0

      Hope he enjoys his unmarked mass grave.

      Conversely, if I exercise my 2nd Amendment right to bear arms, I suggest FBI/BATFE would pretty much want the same outcome.
      We need to get our own mess sorted out ppl.

  2. Just curious ... by Anonymous Coward · · Score: 0

    What is the Chinese equivalent of Gitmo?

    1. Re:Just curious ... by Anonymous Coward · · Score: 0

      Why would they bother? Execution is much faster.

    2. Re:Just curious ... by Anonymous Coward · · Score: 0

      What is the Chinese equivalent of Gitmo?

      Jail

    3. Re:Just curious ... by PPH · · Score: 5, Funny

      China

      --
      Have gnu, will travel.
    4. Re:Just curious ... by Noah+Haders · · Score: 1

      +1 I was going to say that

    5. Re:Just curious ... by Anonymous Coward · · Score: 0

      North Korea

  3. Good luck. Nice knowing you. by Anonymous Coward · · Score: 5, Insightful

    The rule of law isn't quite ready for prime time in China. I applaud his courage, but I'm afraid he will wind up some place unpleasant. Deng Xiaoping made a deal with the people after Tienanmen: capitalism, as long as the Chinese Communist Party remains in control. This would strike at that control. The CCP, not the state, runs things.

    1. Re:Good luck. Nice knowing you. by operagost · · Score: 1

      I don't understand why a Chinese citizen would sue the state. I've been told this is the government they want!

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    2. Re:Good luck. Nice knowing you. by Anonymous Coward · · Score: 1

      I don't understand why a Chinese citizen would sue the state. I've been told this is the government they want!

      The same argument can be made for every democracy. If the government was voted into power by the people, why would anyone from the people ever want to sue the government? Clearly there is no need to allow for that in a democracy.

    3. Re:Good luck. Nice knowing you. by K.+S.+Kyosuke · · Score: 2

      If they've learned anything from Russia, they'll institutionalize him, because not liking your government is clearly a hallmark of a damaged mind.

      --
      Ezekiel 23:20
    4. Re:Good luck. Nice knowing you. by NormAtHome · · Score: 1

      Yeah, black bagged and disappeared is probably whats going to happen.

    5. Re:Good luck. Nice knowing you. by Anonymous Coward · · Score: 0

      In the KGBs defense, under Stalin it most certainly was.

    6. Re:Good luck. Nice knowing you. by Anonymous Coward · · Score: 0

      No they'll just execute him.

    7. Re:Good luck. Nice knowing you. by Facekhan · · Score: 1

      I think the basic outline of the CCP plan is just to convert their military/political power into such overwhelming economic power through crony capitalism that even free and open democracy won't make any difference in who is running things.

    8. Re:Good luck. Nice knowing you. by Stargoat · · Score: 2

      I'm not so sure about this. I could see an argument being made where the cell phone carrier blocked the service, and not the PRC government. Yes, the carrier was told to do so by the government (or CCP, which are not necessarily exactly the same thing). But, according to the PRC constitution, they are not allowed to censor needlessly. Rather than have the government lose face, the carrier is found to have needlessly censored.

      I do not believe that this would cause any changes down the road, but this case in particular could be interesting.

      --
      Hoist Number One and Number Six.
    9. Re:Good luck. Nice knowing you. by aliquis · · Score: 1

      Even if people like their government in general some may not agree.

    10. Re:Good luck. Nice knowing you. by aliquis · · Score: 1

      capitalism that even free and open democracy won't make any difference in who is running things

      So just like in America? ;D

    11. Re:Good luck. Nice knowing you. by Anonymous Coward · · Score: 0

      After this article? They better bag and disappear Barbra Streisand too.

    12. Re:Good luck. Nice knowing you. by Zanadou · · Score: 1

      Yes, just like that.

      Wait—were you making a joke?

    13. Re:Good luck. Nice knowing you. by Anonymous Coward · · Score: 0

      America solved that by making up sovereign immunity from whole cloth, despite the fact that the Constitution clearly expects such suits to arise and names the Supreme Court as the venue for them: In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.

    14. Re:Good luck. Nice knowing you. by Anonymous Coward · · Score: 0

      After this article? They better bag and disappear Barbra Streisand too.

      I wish they'd get busy with that.

    15. Re:Good luck. Nice knowing you. by Facekhan · · Score: 1

      Well I suppose on a long enough timeline, it is a joke but its not very funny within our lifetime.

    16. Re:Good luck. Nice knowing you. by Anonymous Coward · · Score: 0

      If they've learned anything from Russia, they'll institutionalize him, because not liking your government is clearly a hallmark of a damaged mind.

      And if they've learned anything from America, they'll put him on the no-fly list, because not liking your government is clearly a hallmark of a person who doesn't like flying.

  4. Yeah, good luck with that by Anonymous Coward · · Score: 0

    Talk about painting a target. The next story we'll hear from him will involve his evaded taxes, his spreading of rumours and false news.

    1. Re:Yeah, good luck with that by Anonymous Coward · · Score: 0

      No, the next story you'll hear is the case being dropped because he "disappeared".

    2. Re:Yeah, good luck with that by Anonymous Coward · · Score: 0

      No, the next story you'll hear is the case being dropped because he "disappeared".

      This. Damaging ones reputation is what America and other 'civilized' countries are doing if someone gets uncomfortable.
      China is a little more back in time... I'm pretty sure this guy will just disappear.

    3. Re:Yeah, good luck with that by RivenAleem · · Score: 1

      More likely it will be a public statement about how, after a thorough examination in the courts, they found the phone company not guilty and how pleased he is with the result.

    4. Re:Yeah, good luck with that by Anonymous Coward · · Score: 0

      Even in North Korea, the current dictator took the time to damage his uncle's reputation before he sent him off to execution.

      By "damaging his reputation" read "pulling him from his chair, forcing him to kneel in front of everyone, calling him names very loudly, then letting the police/military/spies/whatever drag him away, and later on issuing an official statement where he called him more names and informed that he had been sentenced to death."

    5. Re:Yeah, good luck with that by sjames · · Score: 1

      Nonsense. They can't make him "disappear" with the world's press on the story like bloodhounds. They'll wait until a squirrel runs past, THEN kill him. But we will not hear about it because OMG, someone famous for being famous sneezed yesterday!

  5. Good luck by Anonymous Coward · · Score: 4, Funny

    Long Wang sure has a lot of balls to do this

    1. Re:Good luck by kruach+aum · · Score: 0

      Get it, their names are not Indo-European in nature.

    2. Re:Good luck by CauseBy · · Score: 1

      No, that's not the joke. The joke is that some Asian names overlap with genitalia slang in English, and genitalia puns are funny. Most pairs of languages have such humorous overlaps.

      Gosh I hate having to explain jokes, it really ruins the sense.

    3. Re:Good luck by Andrewkov · · Score: 1

      Lots of Spanish words can be guessed at because they are similar to English. One notable exception is "Embarasada", it doesn't mean embarrassed, it means pregnant, so it can lead to some funny misunderstandings. Like, "why are you embarrased?" ... "I'm not, I'm pregnant!".

    4. Re:Good luck by Anonymous Coward · · Score: 0

      Seeing that this comment was 5 this morning and 3 in the afternoon we know exactly when the female moderators on /. saw it..

    5. Re:Good luck by Anonymous Coward · · Score: 0

      It's a racist joke, and you've made criticising it about gender.

      You are the problem.

  6. Overplaying it by Anonymous Coward · · Score: 0

    Aren't you guys exaggerating a bit? Even while this is China we are speaking about, why would a guy be executed for just suing an ISP?

    1. Re:Overplaying it by Anonymous Coward · · Score: 0

      The guy is resisting the censorship, hence he is a enemy of state and threat to people who enjoy being at the top of chain of command.

    2. Re:Overplaying it by Anonymous Coward · · Score: 0

      History: The guy who stood in front of the tanks during the Tiannamen Square massacre, also was made to disappear. Rumors are he died in prison.
      These sorts of things are unfortunately quite common in communist regimes - it's why people risk being shot/imprisoned to get away.

  7. Well done! by Jonifico · · Score: 2

    What the hell are they supposed to use? Altavista!?

    1. Re:Well done! by Anonymous Coward · · Score: 0

      baidu

    2. Re:Well done! by Anonymous Coward · · Score: 0

      Doesn't exist, Yahoo shut it down.

  8. Am I the only one? by Anonymous Coward · · Score: 0

    Am I the only one that read it as Chinese Unicorn?

    1. Re:Am I the only one? by Anonymous Coward · · Score: 0

      until you pointed it out i didnt even think twice. i went back up and reread it was actually "unicom" or some such, whatever that is

  9. OTOH, if he's NOT crazy stupid... by rmdingler · · Score: 4, Interesting
    This is a good sign for China.

    That a citizen believes he can openly criticize his government without peril means, at the very least, that public perception of China is improving.

    Not to force a Snowden parallel, but he believed something like this once.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:OTOH, if he's NOT crazy stupid... by Vitriol+Angst · · Score: 1

      A Chinese Snowden would never reveal his name.

      However, if he went to the US for refuge, money could change hands and we might hand him over. Because money is free speech over here and all that.

      So on balance; no better and no worse to be a whistleblower.

      --
      >>"ad space available -- low rates!!!"
    2. Re:OTOH, if he's NOT crazy stupid... by schlachter · · Score: 1

      if i was china, i wouldn't want my peeps using google. it will result in MASSIVE American data collection and knowledge of everything that chinese people are searching for online. A major risk to national stability/security.

      --
      My God can beat up your God. Just kidding...don't take offense. I know there's no God.
    3. Re:OTOH, if he's NOT crazy stupid... by swillden · · Score: 1

      if i was china, i wouldn't want my peeps using google. it will result in MASSIVE American data collection and knowledge of everything that chinese people are searching for online. A major risk to national stability/security.

      They don't block/degrade Google access in order to prevent information about citizens from leaking out to the rest of the world. They do it to prevent information from the rest of the world from reaching their citizens.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    4. Re:OTOH, if he's NOT crazy stupid... by HiThere · · Score: 1

      This is probably (my guess) a safe thing for him to do. The result of the suit, however, will probably not be to his liking.

      I expect that the court will decide that the ISP was acting in the interests of the country, and they he is not entitled to any refund. He may well pay court costs and his ISP's attorneys fees.

      The current evidence seems to indicate that criticizing individual officials or agencies is accepted within China, what is forbidden is anything that calls for group action, even in support of the government. (I've got my suspicions about how safe it is to criticize top government officials, but no evidence.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re: OTOH, if he's NOT crazy stupid... by Anonymous Coward · · Score: 0

      No, they primarily do it so that chinese companies (baidu, sina, etc.) don't have to compete with Facebook, twitter, etc.

  10. Jail time await the litigator by zoffdino · · Score: 1

    He is suing from Shenzen, mainland China. It would have been different if he sues from Hong Kong, which has a more independent judicial system. My guess is that he will be counter-sued by the state for obstructing the government, disturbing the peace and spreading anti-government messages. The lawsuit has no change of success, meanwhile, the litigator has a pretty big chance of having some phony charges pressed against him, and may end up in jail.

  11. Is China more free than the USA? by Vitriol+Angst · · Score: 1

    It's funny, but even though it seems like a "momma state" issue that they block access to a website, I can't imagine someone suing a company for what the NSA or FBI did and being successful.

    Police using heavy handed techniques and traffic lights to procure revenue in your area? Good luck with that.

    We have this impression of China as a place where the state does what it wants without repercussions -- but this court case tells me that I've got to reevaluate that image. It's not the China of 20 years ago.

    --
    >>"ad space available -- low rates!!!"
    1. Re:Is China more free than the USA? by Anonymous Coward · · Score: 0

      Tin foil hat time!

      The man is really working with the Chinese government and they are staging this case. He will lose and this will cement the Chinese government's authority to do these kinds of things with impunity in the future.

    2. Re:Is China more free than the USA? by Anonymous Coward · · Score: 0

      Tin foil hat time!

      The man is really working with the Chinese government and they are staging this case. He will lose and this will cement the Chinese government's authority to do these kinds of things with impunity in the future.

      But they already have that authority.

    3. Re:Is China more free than the USA? by Anonymous Coward · · Score: 0

      You actually think this lawsuit will succeed?

      Hahahahahahahahahahahahahahahahahahahahahahahaha!

    4. Re:Is China more free than the USA? by gstoddart · · Score: 1

      It's not the China of 20 years ago.

      You're right.

      China has gotten better (in some ways).

      And the US (and the rest of the world) has gotten far worse (in some ways).

      --
      Lost at C:>. Found at C.
    5. Re:Is China more free than the USA? by Anonymous Coward · · Score: 0

      I just relocated from china to the usa a few months back, after 10 years there.

      Recently when asked what I miss the most about china, it occurred to me it was freedom. the amount of personal freedom lost here in the usa, simply for the perception of freedom is staggering.

      (not wanting to upset the american asking me, i said dumplings.) what i don't miss is pollution, iron rice bowl turds who work in the bureaucracy and spitting in the street.

      good luck to this guy, either way it will be a landmark case. and yet another thing that chips away at the great wall.

    6. Re:Is China more free than the USA? by aliquis · · Score: 1

      The USA isn't the worldÂs leading democracy.

      The weird organisations you have is .. weird.

      I wanted to say that your government wouldn't go to that extent to hide what they was doing but then again with the CIA I guess they are ok with at least trying to hide things from you.

      Have CIA blocked access to Wikileaks? No.

  12. One mistake by StripedCow · · Score: 4, Funny

    Unfortunately for him, the judge is also state-owned.

    --
    If Pandora's box is destined to be opened, *I* want to be the one to open it.
    1. Re:One mistake by Anonymous Coward · · Score: 0

      How is it any different than the USA?

  13. Blocking Google by LookIntoTheFuture · · Score: 1, Troll

    Chinese Man Sues State-Owned Cell Phone Company For Blocking Google

    Can I pay Verizon to block Google for me?

    --
    Brave Sir Robin ran away. ("No!") Bravely ran away away. ("I didn't!")
    1. Re:Blocking Google by Nemyst · · Score: 1

      Don't worry, soon you'll be able to pay for your internet piecemeal, if the ISPs have their way.

    2. Re:Blocking Google by LookIntoTheFuture · · Score: 1

      Chinese Man Sues State-Owned Cell Phone Company For Blocking Google

      Instead of suing, he should be thankful for the privacy service they are providing.

      --
      Brave Sir Robin ran away. ("No!") Bravely ran away away. ("I didn't!")
    3. Re:Blocking Google by Anonymous Coward · · Score: 0

      LMFAO

  14. Where do I sign up? by Rick+in+China · · Score: 2

    Ok first of all - in China, you can certainly sue state owned enterprises. It's likely about as successful as say, suing a corporation in the US with massive lobbyists, of course, and the guy acknowledges this. Second - in his own words - he's making a statement. Where's the class action possibility, I'd love to see how ridiculous it would get if it was opened up to be a class action of sorts, given that we're talking about hundreds of millions of subscribers all with gripes about censorship. To all the dumb fucks commenting above this - why you gotta hate on someone trying to fight for his rights, isn't that the FOUNDATION of freedom and a founding principal of the rights in the nations many of you call home? Give me a break, rather than be a douchebag why not be supportive of this type of positive fight.

    1. Re:Where do I sign up? by Anonymous Coward · · Score: 0

      Being supportive is not the same as assuring the poor bastard that he will succeed. My heart goes out to him, think of him as a chinese parallel to Steve Biko (ok, that may be an exaggeration, but you get my point).

    2. Re:Where do I sign up? by Anonymous Coward · · Score: 0

      I like to support wisdom.
      This guy's complaint wouldn't even work in the US. ISPs don't guarantee access to a particular resource. Communication is best effort. Now, if the ISP was proven to be intentionally censoring a site, that might be interpreted as the ISP not fulfilling the obligation of even making a best effort. But all the ISP has to do is say that they were following government regulation, and suddenly the ISP isn't liable for doing something recognized as being wrong, because they were simply following the government requirements.

      Now, if US courts would rule against a person who made a claim like this, how can we expect Chinese courts to favor him?

      So, if he can't win, what else seems likely to happen? If he is just going to "mysteriously" disappear, all he ends up doing is reinforcing to everybody that attacking the government is fatal. If he wanted to promote social revolution, a smarter way might have been more useful.

      Now, I'm not saying the guy's a complete nut. I'm simply answering your question, of why people may be talking negatively about this guy.

      My understanding is that controlling governments are often very biased. For instance, they are racist. An outsider is far more likely to interfered with, as the government wishes to block outside interference and to send a message that such nonsense will not be tolerated within their borders. However, within their borders, people actually living in the area may have more expectations of more fair interactions. The government may still treat opposition, meaning people who support opposing political threats, as an enemy. However, news from China indicates that China has been less atrocious than earlier, probably because the government has been trying to get rid of the tarnished image among the international community. Granted, they've been trying to get rid of that tarnished image while changing their ways only minimally, and sometimes getting rid of that tarnished image is deemed to be a lower priority than holding onto some control, so it's been a balancing act, but over the decades, things are overall being less painful than before.

      So, China just might relent by not killing this guy, as the state/party wishes to promote the image that it isn't quite as murderous as some of the foreign opinions claim. The people in power may be somewhat enamored by the concept of their own people growing a love and trust of them, while realizing that they must not go too far by losing the control that, in the first place, got them (or their ancestors) into their current place of power.

      I suspect that immediately restoring access to GMail for him and all of his countrymen is not foremost on the list of likely consequences resulting from this lawsuit. Since Wired's article describes the guy as a lawyer, he probably knows better than me what results are actually likely in today's climate.

    3. Re:Where do I sign up? by Rick+in+China · · Score: 1

      I don't usually respond to AC, but, your response had sufficient effort that it demands one.

      First, I'll start by saying it's clear you don't know much about China, or Chinese law. Your perspective is flawed simply because it appears to be based on illusions/speculations/whatever media you've been fed or led to believe rather than facts. Do you really think the comparison between US courts and China courts -- ala "if US courts wouldn't.....gee gosh, how could you expect CHINESE courts to!" -- you realize they are two different countries with far differing regulations and laws, and it's not all "US is better in every way" - trust me, I've been *through* the court system in China, personally, for almost 1 year of my life. I know a lot more about 'how it works' than the average AC :D Not to mention:

      He's a lawyer. Do you proclaim that you know more about the Chinese legal system, or reprecussions for going against the government in any fashion, than a Chinese lawyer in China? I find that a little arrogant and presumptive - to say the least. You say you support wisdom, is it wise to presume you know more about people who *obviously* are knee-deep in subjects you know nothing more than you've gleaned through normal interactions in a distant world and a bit of scattered internet-info in an entirely different language than the country uses daily? Hell, even the article quotes are translated, what kind of nonsense is this?

      Wisdom, pfft.

    4. Re:Where do I sign up? by AK+Marc · · Score: 1

      I'd have countered the AC by pointing out that the US courts ruled that following a regulation is not indemnifying. You have the option to cease operations, rather than make an unsafe item, if the regulations require the item be unsafe (first ruled for airbags, that I saw, but no idea if it was based on older case law, nor any cites to the cases, as I followed them pre-Internet).

      Given the AC's premise is wrong, that following regulations itself is indemnifying, then how would one expect anything else in the post to be true?

  15. I dont think people understand whats going on by voss · · Score: 2

    China of 2014 is not the same as China of 1974.

    Will his lawsuit win...uh probably not but hes following legal channels and not publicly protesting. In theory hes not suing the government
    hes suing his cell phone company.

  16. No he should have used by future+assassin · · Score: 1
    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  17. GERMAN MAN SUES REICH-OWNED AUTO MFR by Jeremiah+Cornelius · · Score: 1, Funny

    Hey! There wasn't any racism in that, was there Chinaman?

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
  18. Call Him a Suicidal Idiot All you Want by Anonymous Coward · · Score: 0

    The fact that a single man can sue the Chinese Gov't is amazing. You can't do that in the Land of the Free, Home of the Brave unless you have millions of dollars to piss away on lawyers fees.

    So laugh it up. These days the Chinese Gov't seems more transparent than ours, at least they are open about their policies, while ours hide, obfuscate and outright lie.

    I'd say that within 20 years you'll be wishing you were in China instead of living in a Fascist Police State that murders it's Corporate serfs with impunity.

    1. Re:Call Him a Suicidal Idiot All you Want by HiThere · · Score: 1

      I don't think he's doing anything dangerous, just expensive.

      And you could sue you State Authorized and controlled ISP in the US. It wouldn't be dangerous, just expensive.

      You can also use the government in the US, and probably in China. The government may tell you to piss off in either country, but as long as you follow legal channels I don't expect it to be anything more than expensive.

      N.B.: *IF* he were trying to initiate a mass action, then I expect that he would be in significant trouble in China. Moreso than in the US. China has shown itself to be quite touchy about that kind of thing. (The US has shown itself to be quite touchy in other areas.)

      OTOH, it's quite likely that your closing line is correct. But that's also not certain. My real expectation is that robotics will develop fast enough that there won't BE any corporate serfs. What there will be instead is anybody's guess, and it depends on decisions not yet made.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.