Tag: Cybersecurity Law

  • LIV’s Trinh Huu Long in SSRN- Vietnam: Data Privacy in a Communist ASEAN State

    Legal Intiatives for Vietnam co-director Trinh Huu Long was cited in a research paper on Data Privacy in Vietnam.  


    Excerpt:

    Processing personal data without the person’s consent (including for secondary processing) is only allowed in various situations of public interest, emergencies, for statistics or research after de-identification, and where ‘according to the provisions of law’ (art. 10). One criticism of this last exception is that it is ‘a loophole that is widely used in the legal system of Vietnam to give the government’s executive branch, especially ministries, an almost unlimited ability to interpret laws and regulations using circulars and executive decisions’. [12] There are no ‘legitimate interest’ exceptions allowing such processing.

    [12] Trinh Huu Long ‘9 Takeaways From Vietnam’s Draft Decree On Personal Data Protection’ Luat Khoa Magazine 19 February, 2021 <https://www.thevietnamese.org/2021/02/9-takeaways-from-vietnams-draft-decree-on-personal-data-protection/>


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  • LIV’s Vi Tran and Trinh Huu Long in BPSOS: Analysis of Vietnam’s Internet Freedom Situation Following The Adoption of The 2018 Cybersecurity Law

    Legal Initiatives for VIETNAM co-directors Vi Tran and Trinh Huu Long participated in a study on new internet regulations and the how the central and local governments are implementing the regulations.


    Excerpt:

    The first attempt was unofficially made known to the public in early October 2018 by non-state actors, when the Ministry of Public Security (MPS), the government body in charge of drafting the decree, was in the middle of a process of consulting relevant agencies and companies. [12]

    [12] Bộ Công an muốn quản lý số thẻ tín dụng, log chat và quan điểm chính trị của người dùng Internet, Luật Khoa, 2018. Available at: https://www.luatkhoa.org/2018/10/bo-cong-an-muon-quan-ly-so-the-tin-dung-log-chat-va-quandiem-chinh-tri-cua-nguoi-dung-Internet/


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  • LIV’s Trinh Huu Long in VICE: Facebook Complicit in Censoring Posts in Vietnam, According to Amnesty International

    Legal Initiatives for VIETNAM co-founder Trinh Huu Long shares how their online magazines’ audience reach was greatly affected by Facebook’s agreement to censor anti-government posts in Vietnam.  Amnesty International report says that there is a surge of people landing in jails for online criticism of the government.


    Excerpt:

    Facebook is complicit in a dramatic increase in censorship on the platform in Vietnam, Amnesty International said Tuesday, in a new report detailing a surge in people jailed for their social media posts.

    In the 78-page report, Amnesty compiled information from Facebook and Google as well as interviews with human rights activists. The organization found that Vietnam is currently holding 170 prisoners of conscience — the highest they’ve ever recorded. Of this, 69 were imprisoned for online activism. This includes those who criticized authorities’ response to COVID-19 and shared independent information about human rights. These posts are seen to infringe upon the government’s interests, which could lead to imprisonment under Articles 117 or 331 of the Criminal Code.

    According to the report, human rights defenders have been increasingly facing harassment in recent years, receiving messages that include death threats, suspected to come from state-sponsored cyber troops like the Du Luan Vien, also known as “opinion shapers” who target Facebook activist pages.

    Similarly, Force 47, a government-run cyberspace army believed to have 10,000 members, allegedly hacks anti-government websites and spreads pro-government messages online. All this to “fight against wrong views and distorted information on the internet.”

    The existence of such measures has left many people in Vietnam in fear. Facebook remains the most widely-used social media platform in the country, a rare outlet in the one party state where the government heavily restricts and regulates its citizens’ internet use. In 2018, digital advertising revenue in Vietnam amounted to around $550 million, of which 70 percent went to Facebook and Google, Reuters reported, citing Vietnam-based market researcher Ants.

    In the same year, the Vietnamese government passed a cybersecurity law that compels tech giants like Facebook and Google to store user data and censor content the government deems offensive. In April this year, Facebook agreed to censor posts in Vietnam after its local servers were taken offline, reportedly by actions from state-owned telecommunications companies. Facebook said it reluctantly complied with the government’s request to “restrict access to content which it has deemed to be illegal.” Most content restricted locally are still available outside Vietnam.

    The increased censorship worries human rights groups and organizations that address local politics and social issues.

    “We have used Facebook since day one of our operation back in 2014. For the first four years, it was amazing. We were able to spread our message wide and far. But since 2018, our Facebook page’s traffic has been reduced dramatically,” Trinh Huu Long, co-founder of Legal Initiatives for Vietnam (LIV), an online magazine dedicated to discussing political and social issues in Vietnam told VICE World News.

    He said that three years ago, their Facebook posts could easily reach roughly 50,000 people but today, they’d be lucky to even get to 20,000.

    Nearly two months ago, one of LIV’s co-founders was arrested for “making, storing, disseminating or propagandising information, materials and products that aim to oppose the State of the Socialist Republic of Vietnam.” She is currently facing 20 years in jail. Such moves have led the magazine to change the way they disseminate their content, including the use of newsletters and channels on mobile messaging app Telegram. They are also currently trying to develop an app for their website.


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  • Pham Doan Trang in Amnesty International Viet Nam: Let us breathe! Censorship and criminalization of online expression in Viet Nam

    Last year, Amnesty International talked Pham Doan Trang, co-founder of Luat Khoa Tap Chi, an independent online legal magazine.  Trang explained: “There are hundreds of newspapers, but there is only one chief editor who decides what appears in every newspaper in Viet Nam and that person is the head of the [Communist Party of Viet Nam’s] propaganda department.”

    Pham Doan Trang is now one of the country’s prisoner of conscience.

    Title: Viet Nam: Let us breathe! Censorship and criminalization of online expression in Viet Nam
    Publish Date: November 20, 2020
    Publisher: Amnesty International


    Excerpt:

    In recent years, the Vietnamese authorities have mounted a major crackdown against those who express critical views online. This report reveals how social media users in Viet Nam face the constant threat of arbitrary arrest, prosecution and other forms of harassment in retaliation for exercising their right to freedom of expression online. In addition to state repression, social media users are increasingly faced with arbitrary censorship when they seek to share critical views online. As this report details, some of the world’s largest technology companies – Facebook and Google – are playing an increasingly complicit role in the Vietnamese authorities’ censorship regime.


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  • LIV’s Trinh Huu Long in ISEAS Publishing: Social Media’s Challenge to State Information Controls in Vietnam

    Legal Initiatives for VIETNAM co-director Trinh Huu Long was quoted on the 2018  Cyber-Security  Law for From Grassroots Activism to Disinformation by Dien Luong.


    Excerpt:

    Commentators  often  equate  Vietnam’s  internet  freedom  as  similar  to  China. Indeed, the West regularly includes Vietnam on its “state enemies of  the  internet”  list,  as  it  does  for  China,  Iran,  or  Syria  (Deutsche  Welle  2013).  There  is  some  truth  to  the  concerns  of  Vietnam  looking  towards  China  as  a  model,  given  how  ideologically,  politically  and  economically  aligned  Hanoi  is  with  Beijing.  Vietnam  is  embracing  Chinese  hardware  and  packages  of  security  software  to  increase  its  technical  and  infrastructural  capabilities  for  information  controls  (Sherman  2019).  A  prominent  example  to  justify  this  observation  is  Vietnam’s  passage  and  enforcement  of  the  2018  Cyber-Security  Law,  which  bears  striking  resemblances  to  a  similar  Chinese  law  (Trinh  Huu  Long  2017)  which  gives  the  government  carte  blanche  to  strictly  police  the internet,  scrutinize  personal  information,  censor  online  discussion,  and  punish  or  even  jail  dissidents.


  • Pham Doan Trang in The Guardian: Vietnam arrests prominent journalist as state cracks down on free speech online

    The arrest of Pham Doan Trang- regarded as one of Vietnam’s prominent journalist and a critic of the authorities, is part of the government’s repressive tactics to silence dissidents.  The one-party state is also preparing a cybersecurity law that will require internet companies like Facebook and Google to remove content deemed ‘anti-state’.


    Excerpt:

    Vietnamese authorities have arrested Pham Doan Trang – one of the nation’s most prominent independent journalists.

    Trang was detained on Tuesday evening in Ho Chi Minh City, the same day Vietnam and the US held the 24th annual US-Vietnam human rights dialogue, which included talks on issues such as the right to freedom of expression.

    Analysts say her arrest is part of a crackdown on activists ahead of Vietnam’s five-yearly national congress in January, while Facebook is facing criticism for growing increasingly complicit in suppressing freedom of speech.

    Vietnamese authorities confirmed on Wednesday that they had charged Trang with “making, storing, distributing or disseminating information, documents and items” that aim to oppose the Vietnamese state. The harshest sentence for this crime is 20 years in jail.

    Trang is the author of numerous books whose work covers everything from women’s rights and LGBT issues to environmental concerns, activism and land rights. In 2019, Reporters Without Borders awarded her a Press Freedom Prize in recognition of her impact.

    Most recently, she spoke out online about a highly sensitive land rights clash in Dong Tam Village – related to the construction of a military airport on farmland claimed by villagers on the outskirts of Hanoi – in which one villager and three policemen lost their lives.

    Phil Robertson at Human Rights Watch said: “Despite suffering years of systemic government harassment, including severe physical attacks, she has remained faithful to her principles of peaceful advocacy for human rights and democracy. Her thoughtful approach to reforms, and demands for people’s real participation in their governance, are messages the Vietnam government should listen to and respect, not repress.”

    Ming Yu Hah at Amnesty International said: “This is an outrageous arrest. Pham Doan Trang is a leading figure in the struggle for human rights in Vietnam. She has inspired countless young activists to speak up for a more just, inclusive and free Vietnam.”

    Hah told the Guardian Facebook’s decision to cave into Vietnamese authorities’ demands for censorship earlier this year makes them complicit in the country’s harsh repression of freedom of expression.

    “We have documented a persistent rise in the censorship of legitimate commentary on social and political affairs on the platform since 2018, with a particularly sharp increase in 2020,” she added. “Merely sharing information about Vietnam’s many serious human rights problems, from land disputes to the death penalty, now regularly leads to arbitrary censorship on Facebook.”

    In March this year, a Reuters report revealed how Facebook faced intense pressure from the Vietnamese government. State-run telecommunications companies took the social media site’s local servers offline, which slowed local traffic on the site to a crawl. Consequently, the company began allowing censorship in Vietnam of content deemed “anti-state”, including those by activists like Trang.

    Vietnam is in the process of finalising guidelines for its highly controversial cybersecurity law, which requires internet companies like Facebook and Google to remove content deemed “anti-state” and says the US tech giants will have to set up local offices and servers in Vietnam if they wish to continue operating – a request the organisations have refused to carry out.


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  • LIV’s Trinh Huu Long in Al Jazeera: Vietnam’s battalions of ‘cyber-armies’ silencing online dissent

    Force 47 also known as Vietnam’s cyber armies under the Ministry of Public Security (MPS) hacks anti-government websites and asserts its control over online content by spreading pro-government messages in order to stamp out any form of dissent.


    Excerpt:

    Growing marking of 96 million people

    As Vietnamese searched for more information about what happened in Dong Tam a week ago, some Facebook users reported receiving the message online: “Due to legal requirements in your country, we have restricted access to your profile on Facebook. This means that other people in your country cannot see your profile, and may not be able to interact with you over Messenger.”

    Vietnam has a population of 96 million. With more than 60 million Facebook users, it is the platform’s one of the fastest-growing markets.

    Newspaper - Vietnam
    Reporters Without Borders ranks Vietnam near the bottom of its 2019 World Press Freedom Index at 176 out of 180 countries listed [Luong Thai Linh/EPA]

    “Facebook is the main source of independent news now in Vietnam,” said Trinh Huu Long, a co-founder of Legal Initiatives for Vietnam.

    “The government has been working with Facebook to try to control content posted by dissidents and independent voices,” he added.

    Searches for protests in Hong Kong have also been affected. Many, like Anh Chi, blame the cybersecurity law for the filtered information.

    “They know people in Vietnam are active on social media, and they follow the news, especially with what’s happening in Hong Kong every day,” he said. “The government fears that one day people in Vietnam will join such protests.”


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  • Luat Khoa and Pham Doan Trang in Southeast Asian Press Alliance VIETNAM: The Net as the New ‘Battlefield’

    It would be almost impossible to discuss media freedom in Vietnam without first reviewing the country’s political situation over the past year. The authoritarian state created a narrow window of opportunity for non-state and independent media to grow over the years, despite state censorship.

    Title: VIETNAM: The Net as the New ‘Battlefield’
    Publish Date: May 6, 2019
    Publisher: Southeast Asian Press Alliance (SEAPA)


    Excerpt:

    What frustrates Vietnamese Facebook users the most about this phenomenon is that Facebook has refused to explain its decisions, which it considers to be final. Affected users have been unable to find out the specific “community standard” they were accused of violating, even after they had appealed their cases.

    The standards that Facebook has been using, however, appeared even more arbitrary when coupled with the operation of its unknown, undisclosed third party’s fact-checkers. For example, in March 2019, Facebook deleted four articles from the fan page of Luat Khoa online magazine for violating its “community standards”. It has yet to give further explanation for its action. The titles of these four pieces are: “US-China’s trade negotiations: America wants China to scale down its cybersecurity law” ; “Vietnam owes Cambodia an apology”; “A look at different ‘isms’”; “Donald Trump’s life story: Crisis and a father’s safety net”.

    Over 17,000 people signed an online petition initiated by Luat Khoa in July 2018, asking Facebook to provide its position on the new cybersecurity law. A summary of the signatures was gathered and sent to Mark Zuckerberg by FedEx delivery in October 2018. Yet, the company to this day remains unresponsive. Mai Khoi, a Vietnamese dissident singer, wrote on her Facebook page in January 2019 that although she had met with several people at Facebook to discuss these issues, it did not lead to any substantial progress.

    Intimidation offline continues

    Journalist Pham Doan Trang can barely claim even cold comfort, however, for facing “only” increased intimidation and threats from the government during this past year. The actions of the government against her seem to be connected to her publication of her books. To date, Trang has written and published three books on the topics of politics, policymaking, and criminal procedures.


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  • LIV’s Vi Tran in SEAPA: Vi Tran(Legal Initiatives for Vietnam) on Vietnam’s Cybersecurity Law

    Vi Tran, co-founder of Legal Initiatives for VIETNAM was interviewed by The Southeast Asian Press Alliance (SEAPA) on the “draconian” Cybersecurity Law enforced by the Vietnamese government.


    Podcast Description:

    Vietnam’s Cybersecurity Law, dubbed as “draconian” all over the world, took effect on 1 January 2019. The Southeast Asian Press Alliance (SEAPA) interviews Vi Tran of Legal Initiatives for Vietnam, an organization working for human rights, democracy and rule of law in the country, on the provisions of the law (Part 1), about the use of social media by the Vietnamese (Part 2) and opportunities for civil society to repeal it (Part 3).

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  • LIV’s Trinh Huu Long in Center for International Development at Harvard University: Incentivising Pro-Labour Reforms

    Legal Initiatives for VIETNAM co-founder Trinh Huu Long is cited in the CID Faculty Working Paper- Rescinding Economic Incentives; Reversing Pro-labour Reforms.


    Excerpt:

    If the EU don’t demand it, the Vietnam Government will just leave it there… The right approach is for international partners to be very loud, very aggressive, while local partners are quietly supportive. If the EU is soft and local partners are loud, it is counter-productive and very dangerous for us.

    CPV’s new leadership (which actually precedes Resolution #6) is now keen to centralise control. It no longer has TPP’s strong economic incentive to do otherwise. Since the demise of TPP, Vietnam joined China’s Belt and Road initiative (re-affirming geopolitical and economic ties with China), and passed several laws punishing dissent. The 2018 CyberSecurity Law is very similar to China’s: authorising the removal of seditious expression; mandating service providers disclose user data to authorities (Trinh, 2017). In July 2017, the Information and Communications Minister reported that ‘Google and Facebook had removed 3,367 clips with bad and poisonous content after being requested to do so by the Ministry of Information and Communications. Facebook removed more than 600 accounts that have violating content’. The Government has also mobilised over 10’000 online propagandists (just as in China). In June 2018, people were arrested for demonstrating against the draft law on special economic zones. Independent activists and bloggers are harassed, intimidated, assaulted, and detained (Human Rights Watch, 2019).


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