Tag: Trinh Huu Long

  • 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 on SBS Tiếng Việt Podcast: Dịch bệnh tan hoang lại thêm khẩu hiệu tương tàn

    Lawyer Trinh Huu Long, Editor-in-Chief of Law Faculty of Journalism, talks about sensitive things that Northerners should know about Southerners, and vice versa there are basic things.


    Excerpt:

    Vì sao người Sài Gòn dị ứng với những khẩu hiệu thời chiến tranh còn người miền Bắc thì vô tư khi dùng nó? Dịch dã tan hoang, lòng người càng thêm phân tán vì những khầu hiệu “Giải phóng miền Nam” để nói về việc từ Bắc vào Nam chống dịch. Luật sư Trịnh Hữu Long, một người hoàn toàn lớn lên ở miền Bắc XHCN, Chủ Bút của Luật Khoa Tạp Chí, nói về những điều nhạy cảm mà người miền Bắc nên biết về người miền Nam, và ngược lại có những điều cơ bản mà người Nam cần biết về đồng bào của mình ở miền Bắc.

    English Translation:

    Why are Saigon people allergic to wartime slogans and Northerners carefree in using it? The epidemic was devastated, people’s hearts were even more scattered because of the slogans “Liberate the South” to talk about going from the North to the South to fight the epidemic. Lawyer Trinh Huu Long, a man who was completely raised in the North of the Socialist Republic of Vietnam, Editor-in-Chief of Law Faculty of Journalism, talks about sensitive things that Northerners should know about Southerners, and vice versa there are basic things. that Southerners need to know about their compatriots in the North.

    Listen to the Podcast here.


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  • LIV’s Trinh Huu Long and Pham Doan Trang in Asia Democracy Chronicles: When calls to free arrested activists are not enough

    LIV’s Trinh Huu Long and Pham Doan Trang in Asia Democracy Chronicles: When calls to free arrested activists are not enough

    This op-ed article was written in Vietnamese by Trinh Huu Long and was published in Luât Khoa on October 10, 2020 and on May 6, 2021 in The Vietnamese.

    Title: When calls to free arrested activists are not enough
    Publish Date: May 18, 2021
    Publisher: Asia Democracy Chronicles


    Excerpt:

    Every time an activist is arrested, several campaigns for his or her release emerge in response to the government’s persecution of human rights. This method is the oldest, most common, and most familiar form the common citizenry uses to call for justice.

    I have been a part of those movements and have even organized several campaigns many times in the past nine years.

    Yet, despite everything, I constantly ask myself, do these calls to action actually do any good? “How long am I going to do this,” I ask myself, “and are there any benefits in it or not?” These are just some of the questions that constantly linger in the back of my mind.

    Most likely, the arrested activists will remain in prison; their sentence will be upheld. In fact, the length of their imprisonment might even be extended. Despite all our work, more and more people are still being incarcerated. There has been no change in our laws or institutions, despite all our efforts at home and abroad.

    And even if we’re blessed with the smallest amount of luck, those arrested are granted asylum in another country, defeating the primary purpose of our campaigns.

    Pham Doan Trang, imprisoned activist, blogger, journalist, and co-founder of The Vietnamese and Luat Khoa online magazines, has put some of my concerns to rest.

    “I do not need my own freedom; I need something much more significant than that: freedom and democracy for the whole of Vietnam,” she wrote in a letter entitled, “Just In Case I Am Imprisoned.” “This goal sounds grandiose and far-fetched, but reaching it is actually possible with everyone’s help.”

    Doan Trang wrote the letter on May 27, 2019, her 41st birthday, while she was on the run from the police. She wanted this letter to be released to the public only when she was indeed convicted and not when she was merely detained. Eventually, she was arrested and now faces a sentence of up to 20 years in prison.

    If Doan Trang merely wanted freedom for herself, she had at least two opportunities to attain this in the past.

    The first was after her nine-day criminal detention in 2009. If she was obedient and ceased all her activities regarding sensitive topics and cut all her ties with social elements deemed “anti-state,” she would have continued to live a safe and full life.

    The second was when she studied in the United States and could have chosen a path towards residency or citizenship. In fact, at least three agencies and organizations wanted to sponsor her permanent stay in America.

    So, why did Doan Trang choose to return to her homeland? It is because she understands that her freedom means nothing compared to the whole of Vietnam. Vietnam needs people to step up and work for the freedom of everyone.

    Such a concept is simple and easy to understand, yet making it a reality is challenging to attain.

    Doan Trang could have chosen to contribute to Vietnam’s fight from the outside as many others, including myself, are doing. Yet, she chose the most complex, most painful, and most difficult way to contribute to the cause. She returned home and faced the problem head-on. She published various works, wrote books, and even taught about democracy and freedom right in front of the police.

    Doan Trang often told me that the best way to fight is to be an example, to be an inspiration for others to do the same. Only then can we, as a society, start to see what democracy, human rights, and the rule of law look like in reality. Words without actions are meaningless.

    Sadly, I do not know how successful Doan Trang’s efforts have been, nor how many lives have been touched by her words and deeds. But regarding her arrest in October 2020, I would like to say this.

    Activists have a saying called “sharing fire,” which means sharing the tasks and responsibilities of dangerous activities with many people to reduce individual risk. Sometimes we coordinate with each other, but more often than not this is not the case; people passively participate in this phenomenon without discussing plans in advance.

    What if the deeds Doan Trang had done in the past five years were divided among five or 10 people? Would she still have been arrested? More recently, if she had not produced the two Dong Tam reports, would she be in jail right now? (Dong Tam, a village on the outskirts of Hanoi, was “the target of a violent raid by police January 2020 with the aim of suppressing resistance by residents contesting the seizure of their land by the authorities,” reports Reporters Without Borders.)

    She often told me that these things are not difficult to accomplish and that there are many people who share similar ideas with her. If so, why are there so few people standing up for what is right? Granted, some people do, and Doan Trang was one of them. Yet because of inaction, apathy, or fear, she and the handful of brave, noble souls like her shoulder the entire risk.

    Many of them will go to jail, while those who are content to watch from the sidelines will get angry again. They will once again clamor for the release and freedom of those imprisoned. But in the end, nothing gets done. Rinse and repeat.

    Will we Vietnamese forever play the same old games with the government? Will we continue to sheepishly and ineffectively demand the release of our friends? Then, when nothing gets done, will we once again forget and return to the tolerated normalcy of life in this great prison that the government has made?

    Things will be different if more people actively do their part to create social change, just like Doan Trang. Doing so has two advantages.

    The first is to “share the fire” with those still fighting to reduce their risk and limit their chance of getting captured. Government resources are limited, and they can only invest in monitoring and controlling a few people.

    Those outside Vietnam can do their part as well. For instance, to write something similar to the Dong Tam Report, we just need to collect data on the internet and conduct interviews online or through the phone. It is not necessary to live in Vietnam physically to accomplish these tasks.

    The second is to normalize press freedom, independent publishing, and political activities considered “sensitive.”

    When these activities become commonplace, the government will be forced to accept them. This was observed in the past when private businesses were considered illegal. Nonetheless, they continued to operate, and gradually the government had to admit that these establishments were a fundamental component of the country’s economy. Since 1986, the state no longer considers owning a private business a criminal offense.

    For me, the best way to help Doan Trang and people like her is to play a more active role. Eventually, everyone will benefit when the political space expands. No one will ever be arrested or imprisoned again for writing or publishing books. I will no longer have to clamor for one person’s freedom every single time someone gets arrested. I will finally be able to rest.

    Calls for freedom are good, but they are often not enough. We should release ourselves from the shackles of fear, apathy, and apprehension to actively fight for progress and change.

    Doan Trang has completed her mission and the responsibility now falls on our shoulders. Even if she were to be released tomorrow, even if she chooses to stay in Vietnam or decided to leave, the fight continues in each one of us.

    And if you love Doan Trang, I implore you to do what she would have done.


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  • LIV in Privacy Laws & Business International Report Vietnam: Data Privacy in a Communist ASEAN State

    Vietnam is now proposing to enact a comprehensive data privacy law for the first time. A draft Decree on Personal Data Protection (‘Decree’) released for public consultation by the Ministry of Public Security (MPS). This article analyses this proposed law by comparison with international standards, and previous Vietnamese practice.


    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-identiJication, 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’. There are no ‘legitimate interest’ exceptions allowing such processing.


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  • LIV in ISEAS – Yusof Ishak Institute Placate the Young and Control Online Discourse: The Vietnamese State’s Tightrope

    Vietnam’s top echelons have indicated that the task of controlling cyberspace has never been more crucial.  But how to do so in a country that boasts 72 million social media users without alienating the growing cadres of Internet-savvy youths is a daunting question.


    This landmark development was instrumental to youth-led online movements. But on the other side of the spectrum, the drafting process for Vietnam’s Cyber-Security Law was mooted as early as July 2016, just right on the heels of the Formosa protests.


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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 and Pham Doan Trang in Reporters Without Borders: #FreePhamDoanTrang – RSF launches campaign for Vietnamese journalist’s release

    Two months after her arrest, Reporters Without Borders (RSF) is launching a campaign for the release of Vietnamese journalist Pham Doan Trang with a petition and a video in which Vietnamese diaspora colleagues voice strong support for this symbol of the fight for the freedom to inform in Vietnam.


    Excerpt:

    Arrested at her Ho Chi Minh City home on the night of 6 October, the co-founder of the Luat Kuoa and TheVietnamese information websites is facing a possible 20-year jail sentence on a charge of “anti-government propaganda.”

    In the #FreePhamDoanTrang campaign video released by RSF, Vietnamese journalists, bloggers and friends now based in France, Germany, Taiwan and the United States take advantage of their exile to say what their compatriots still in Vietnam cannot say without risking long prison sentences.

    It‘s with the aim of avoiding a long prison sentence for Pham Doan Trang by putting pressure on the Vietnamese government that RSF is also launching its petition for the immediate and unconditional release of this courageous journalist, who was awarded the RSF Press Freedom Prize for Impact in 2019.

    Determination, energy and sacrifices

    The RSF video includes interviews with people who are close to Trang, such as her friend Nguyen Ngoc Anh, now based in France. “I am very attached to Pham Doan Trang,” she says. “Firstly because we’re friends and went to the same secondary school, and secondly because I respect her determination, her energy and the enormous sacrifices she has made in order to write articles, publish books, and share her knowledge with as many people as possible.”

    Trinh Huu Long, a journalist who joined Trang in founding the Legal Initiatives for Vietnam NGO and the Luat Khoa et TheVietnamese news sites, says: “Doan Trang is perhaps one of the most influential journalists, most effective activists and one of the bravest individuals that we have had in Vietnam’s contemporary history, from 1975 to the present-day.”


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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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  • 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.


  • LIV’s Trinh Huu Long in Los Angeles Times: Facebook touts free speech. In Vietnam, it’s aiding in censorship

    Vietnam’s restrictive policy on press, free speech and expression makes Facebook the best alternative platform for citizens to let their voices be heard.  Recently, Facebook blocked and suspended accounts criticizing the government, but Legal Initiatives for VIETNAM co-founder, Trinh Huu Long said much as he dislikes Facebook, he will have to stick with them.


    Excerpt:

    In a country with no independent media, Facebook provides the only platform where Vietnamese can read about contentious topics such as Dong Tam, a village outside Hanoi where residents were fighting authorities’ plans to seize farmland to build a factory.

    Facebook, whose site was translated into Vietnamese in 2008, now counts more than half the country’s people among its account holders. The popular platform has enabled government critics and pro-democracy activists — in both Vietnam and the United States — to bypass the communist system’s strict controls on the media.

    But in the last several years, the company has repeatedly censored dissent in Vietnam, trying to placate a repressive government that has threatened to shut Facebook down if it does not comply, The Times found.

    In interviews, dozens of Vietnamese activists, human rights advocates and former Facebook officials say the company has blocked posts by hundreds of users, often with little explanation.

    A man uses a laptop at a coffee shop in downtown Hanoi.

    Facebook has also barred Hanoi’s critics — including a Southern California-based opposition group — from buying ads to boost readership and has failed to stop pro-government trolls from swamping the platform to get dissidents’ posts removed.

    Instead of using its leverage as Vietnam’s biggest media platform to hold the line against censorship, Facebook has, in effect, become an accomplice in the government’s intensifying repression of pro-democracy voices, critics say.

    Facebook usually restricts posts and users for one of two reasons — violations of its “community standards,” which are rules the company says apply to users worldwide, or “local laws.” Posts in the latter category are blocked in the country where they are illegal but remain accessible elsewhere.

    Access Now, a digital rights group that assists users who believe their Facebook access has been improperly restricted, said the company rarely explains its decisions to block or restore accounts — except to say they violated community standards.

    Trinh Huu Long, a Hanoi critic who lives in Taiwan and runs a nonprofit online magazine called Luat Khoa, said he began exploring other modes of distribution after Facebook repeatedly blocked articles that had nothing to do with Vietnam. But he determined that abandoning the platform would drastically shrink his readership.

    “Facebook is the king in Vietnam,” he said. “Content has to go through Facebook to reach an audience. So, much as I dislike Facebook, I have to stick with them.”


    Read the full article here.