388
Vietnam
tampering with the DNS (for instance, changing a DNS provider to a publicly available
one such as Google DNS).
15 There are many Vietnamese circumvention help sites
whereby more advanced Internet users provide information on how to access blocked
sites. One example is http://facebookviet.com , which provides instructions on how to
access Facebook (which was blocked by ISPs after a government order in November
2009).
16 The countrywide block on the Web site was essentially irrelevant because it
was so easily circumvented by users.
17 Filtering techniques are vulnerable because of
their design, but the fi ltering regime is even further weakened by the fact that government orders to block Web sites are unevenly enforced by ISPs.
18
Legal and Regulatory Frameworks
Vietnam ’ s legal regulation of Internet access and content is multilayered and complex,
and can occur at the level of National Assembly legislation, ministerial decisions, or
through VNPT rules created for the management of the Internet infrastructure.
Although Article 69 of the 1992 constitution of Vietnam states that “ the citizen shall
enjoy freedom of opinion and speech, freedom of the press, the right to be informed,
and the right to assemble, form associations and hold demonstrations in accordance
with the provisions of the law, ”
19 state security laws and other regulations trump or
eliminate these formal protections and guarantees. Freedom of expression and the
right to assemble are constrained by the Criminal Code, which prohibits “ abusing
democratic freedoms to infringe upon the interests of the State ” (Article 258), “ conducting propaganda against the Socialist Republic ” (Article 88), and “ carrying out
activities aimed at overthrowing the people ’ s administration ” (Article 79). These laws
have been invoked to arrest people considered cyber dissidents such as prodemocracy
bloggers.
20 Because of the harsh penalties for violation of such laws, self-censorship is
commonplace in Vietnam.
Media in Vietnam are state owned and under tight control by the Vietnamese state.
The 2006 Decree on Cultural and Information Activities subjects those who disseminate reactionary ideology, including revealing secrets (party, state, military, and economic), who deny revolutionary achievements, and who do not submit articles for
review before publication to fi nes of up to 30 million dong (approximately USD
2,000).
21 These regulations appear to target journalists because criminal liability already
exists for some of the proscribed activities, including the dissemination of state secrets.
All information stored on, sent over, or retrieved from the Internet must comply with
Vietnam ’ s Press Law, Publication Law, and other laws, including state secrets and intellectual property protections.
22
All domestic and foreign individuals and organizations involved in Internet activity
in Vietnam are legally responsible for content created, disseminated, and stored. Just
as ISPs and Internet caf é s are required to install monitoring software and store
Vietnam
tampering with the DNS (for instance, changing a DNS provider to a publicly available
one such as Google DNS).
15 There are many Vietnamese circumvention help sites
whereby more advanced Internet users provide information on how to access blocked
sites. One example is http://facebookviet.com , which provides instructions on how to
access Facebook (which was blocked by ISPs after a government order in November
2009).
16 The countrywide block on the Web site was essentially irrelevant because it
was so easily circumvented by users.
17 Filtering techniques are vulnerable because of
their design, but the fi ltering regime is even further weakened by the fact that government orders to block Web sites are unevenly enforced by ISPs.
18
Legal and Regulatory Frameworks
Vietnam ’ s legal regulation of Internet access and content is multilayered and complex,
and can occur at the level of National Assembly legislation, ministerial decisions, or
through VNPT rules created for the management of the Internet infrastructure.
Although Article 69 of the 1992 constitution of Vietnam states that “ the citizen shall
enjoy freedom of opinion and speech, freedom of the press, the right to be informed,
and the right to assemble, form associations and hold demonstrations in accordance
with the provisions of the law, ”
19 state security laws and other regulations trump or
eliminate these formal protections and guarantees. Freedom of expression and the
right to assemble are constrained by the Criminal Code, which prohibits “ abusing
democratic freedoms to infringe upon the interests of the State ” (Article 258), “ conducting propaganda against the Socialist Republic ” (Article 88), and “ carrying out
activities aimed at overthrowing the people ’ s administration ” (Article 79). These laws
have been invoked to arrest people considered cyber dissidents such as prodemocracy
bloggers.
20 Because of the harsh penalties for violation of such laws, self-censorship is
commonplace in Vietnam.
Media in Vietnam are state owned and under tight control by the Vietnamese state.
The 2006 Decree on Cultural and Information Activities subjects those who disseminate reactionary ideology, including revealing secrets (party, state, military, and economic), who deny revolutionary achievements, and who do not submit articles for
review before publication to fi nes of up to 30 million dong (approximately USD
2,000).
21 These regulations appear to target journalists because criminal liability already
exists for some of the proscribed activities, including the dissemination of state secrets.
All information stored on, sent over, or retrieved from the Internet must comply with
Vietnam ’ s Press Law, Publication Law, and other laws, including state secrets and intellectual property protections.
22
All domestic and foreign individuals and organizations involved in Internet activity
in Vietnam are legally responsible for content created, disseminated, and stored. Just
as ISPs and Internet caf é s are required to install monitoring software and store