Thursday, 4 October 2007

how to raise second joinder of proceedings against China Internet Censorship

Please note, foreigners can be volunteers too the same as Chinese if they are employing China Broadband Services.

Some freinds sent me email to join it and told me that there are some thing unclear to them. So I explain its details here. It is taken by everyone involved voluntarily. Everyone is responsible for her/his own statement and behavior. Please dont' take this action if you think it breaks current law of PRC. My role is only a coordinator and will not take any responsibility of any body else. You speak and do anything by yourself. Please also don't take any actions which break current Law of PRC to support it. It is also not assured by anybody that the action mentioned will happen at last and the status updated here is accurate.

About what is joinder of proceedings, you can read the definition in PRC law through http://www.hainu.edu.cn/zy_jingpinkecheng/asp_hainu_show.asp?id=3795&fuji_bbsid=". It is in Chinese.

According to this law and the basic facts so far, I explained my suggesttion how we should do it as below.

The first alternative is the choice of the plantiff and the defendant. Suppose we list a telecom company, e.g., China Telecom, and all its branches of independant legal entities as the defendant. We then summon enough plantiffs. This way, we will do a multi-against-multi lawsuit. It would generate immense influence. But it is very difficult to raise evidence on that the defendant is the one who should be responsible for the censoring action someway according to current law. Another choice is relative practical, we just list one or serveral broadband service providers(BSP) in local city as the defendant(s). We can then follow the strategy of the lawsuit I am currently sueing. It was accepted by the court already. We don't even need to change any legal logic.

So I only discuss the second choice. I listed all steps here and will update the status in this piece if any for each step. About its expense, I prefer AA. If we have financial difficulties, I will pay expenses listed in the following steps. For the time, energy, travelling, other indirect expense of the volunteer, I would like to say I was touched by you. But I don't think that I should thank you. As I don't think that you should thank me. This lawsuit will benefit each of us.

  1. Access a censored site, e.g., flikr.com, www.yzzk.com, or zh.wikipedia.org(Comment by me on Aug. 23rd:Site listed here are recommendation of net friends and it does not mean we will use them in our future evidence). Each volunteer then raise a maintence request to the BSP that the site cannot be accessed. If a reasonable answer from the BSP is impossible, each volunteer should obtain a paper copy of her/his contract with her/his BSP. It should be stabled by the legal name of the BSP.
  2. Send an email to yetaai at gamil dot comg minus g to register you as a volunteer.
  3. Choose the city we will raise the lawsuit at last. We will make this choice by the number of people who located in same city. We prefer to raise the lawsuit in 2-3 cities simutaneously. Anyway, we will be happy to see any other lawsuits in other cities.
  4. Employ a lawyer. Lawyer expense is applicable.
  5. Determine the legal entity of the defendant.
  6. Raise eveidence of the censorship. Notarization expense is applicable.
  7. Send a legal letter and/or notarization letter to the defendant. Notarization expense is applicable.
  8. Prepare the court and the paper of pleadings. Start the procedure of the sue.

The table lists all the volunteers who regeistered to sue. The name is listed as confidential for who is not willing to list her/his name. I list the city only in the column of the address.

idNameBSPService typeAddressTelephone
1ConfidentialChina TelecomADSLUramuqiConfidential
2ConfidentialChina NetcomADSLBeijingConfidential
3Zola ZhouChina TelecomADSLChangsha13467668333

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