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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.

43 of 78 comments (clear)

  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!
  2. 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 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.

    6. 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.
    7. Re:Good luck. Nice knowing you. by aliquis · · Score: 1

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

    8. 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

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

      Yes, just like that.

      Wait—were you making a joke?

    10. 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.

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

    Long Wang sure has a lot of balls to do this

    1. 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.

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

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

  5. 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.
  6. 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.

  7. 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 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.
    2. 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.

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

    China

    --
    Have gnu, will travel.
  9. 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.
  10. 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!")
  11. Re:Just curious ... by Noah+Haders · · Score: 1

    +1 I was going to say that

  12. 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 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.

    2. 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?

  13. 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.

  14. 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.

  15. 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*
  16. 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..."
  17. 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!

  18. 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.