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Chenhao: Despite Regulations, Human Flesh Search is Here to Stay
The attempt by Xuzhou, Jiangsu province to ban human flesh search (the collective use of online resources to target individuals thought to have violated laws or public morality) is likely to be futile for the following reasons:
1) A civil regulation will be inadequate and ineffective against China's digital sea of information.
2) Privacy is loosely defined by Chinese Civil Law -- whether a practice is illegal and impinging one’s privacy needs to be judged on a case-by-case basis.
3) The cost of enforcement is likely to go beyond government capability.
4) The evolution of government regulations is far slower than technological progress.
Additionally, while the local rule, which offers a maximum fine of RMB 5,000 for publishing the personal information of others, takes an uncompromising stance on privacy violations, it also offers a way for the government to avoid public scrutiny. Under the new rule, it may be harder to expose corrupt officials by posting information including salaries and the price of their luxury watches. The need for public supervision of government is clear and was most recently evidenced by the case of a Chinese school girl being sexually harassed by a Maritime Bureau head in Shenzhen.
We are living in a world where it is increasingly difficult to keep secrets. Fortunately, increased transparency can lead to a growing and unstoppable supervising force on society and country.
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Chenhao Zhang follows macroeconomic development and investment deals in China.
