Internet Access and Openness: Vietnam 2013 June 2014

Total Page:16

File Type:pdf, Size:1020Kb

Internet Access and Openness: Vietnam 2013 June 2014 Internet Access and Openness: Vietnam 2013 June 2014 Back to top Page 1 of 158 Report Note This report is information compiled from the visit of a technology research delegation to Saigon and Hanoi in early May 2013. The qualitative, quantitative, and anecdotal information synthesized here was derived from a variety of sources, methods, and first-hand observations. While it is expected that the primary audience is technical, the report also provides relevant information for policymakers, civil society, and international investors. The effort to collect, distill, and develop this report was supported by Radio Free Asia’s Open Technology Fund in collaboration with technologists and researchers. License This work is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by-sa/3.0/ or send a letter to Creative Commons, 444 Castro Street, Suite 900, Mountain View, California, 94041, USA. Permissions beyond the scope of this license are administered by Radio Free Asia. Information on how to request permission may be submitted to [email protected] or by letter to Open Technology Fund, C/O Radio Free Asia, 2025 M Street NW, Suite 300, Washington, DC 20036 USA. Back to top Page 2 of 158 Table of Contents Executive Summary Section I : Internet Access Landscape Dominant Telecom Operators VNPT FPT Viettel Mobile Mobile Operators Coverage Cost 3 G Service and Mobile Devices SIM and Point of Sale Process Network Speeds Mobile Network Security Wireline ADSL Non - ADSL Section II : Infrastructure Landscape Backbone Critical Infrastructure Locations Major International Gateways Transit Costs IXPs and Interconnection Licensing and Ownership Section III : Regulatory Landscape Legal Landscape The Penal Code Policy Decisions and Decrees Infrastructure Freedom of Speech Section IV : Internet Freedom Digital Surveillance Methods of Surveillance Cyber Attacks Prosecution of Human Rights Activists Censorship Online Facebook Over - The - Top Mobile Apps Observing Network Interference Technical Summary of Censorship Observations Blocked Websites of Interest Censorship is Disruptive to Infrastructure Tampering with DNS is Bad Control vs . Growth : The ISP Balancing Act Similar Techniques in Other Countries Back to top Page 3 of 158 Circumvention and Anti - Censorship Methods Section V : Conclusion Key Findings Recommendations Appendix I - Censored Websites Appendix II - Mobile Shops Appendix III - VinaPhone Registration Form Appendix IV - Promotional Materials Appendix V - Mobile Phone Price List Appendix VI - Decree 72 Chapter I - General Provisions Chapter II - Management , Provision and Use of Internet Services , and Internet Resources Section 1 - Internet Services Section 2 - Internet Resources Chapter III - Management , Provision and Use of Online Information Section 1 - General Provisions Section 2 - Websites , Social Networks Section 3 - Provision of Information Content Services in Telecommunications Networks Chapter IV - Online Games Chapter V - Protection of Online Information Security and Safety Chapter VI - Implementation Provisions Back to top Page 4 of 158 Executive Summary Over the previous 15 years, Vietnam has successfully struck a path that placed the growth of the Information and Communications Technologies (ICT) industries near the forefront of its economic priorities. This has resulted in a rapid improvement in ICT infrastructure and corresponding adoption of services. Vietnam has a reported 131.6 million mobile phone and almost 4.8 million broadband Internet users.1 While the mobile adoption is, by any account, impressive for a country of nearly 89 million people, a stark gap exists for those looking for Internet access. At present, nearly 40 percent of Vietnamese maintain an individual Internet connection with only 5 percent using a wireline connection.2 Recent years have seen the creation and growth of 3G networks to an extent where they now lack adequate capacity. However, with an average household income of approximately $130 per month, the devices necessary for home and/or mobile data subscriptions remain out of reach for the majority of the population.3 Approximately 70 percent of Vietnamese users have yet to migrate to a smartphone.4 Nonetheless, with rapidly declining costs, these figures have already begun to change. With more and more citizens moving online, Vietnam has increased its efforts to maintain control of information access and online speech. Having recently reaffirmed the “dominant political and economic role of the Communist Party,” the Vietnamese government has published an ever-expanding rubric of decrees, directives, and decisions focused on online information control.5 Chief among them is Decree 72, passed on July 15, 2013, which attempts to restrict the use of blogs and social media to “providing or exchanging personal information.” This prohibits the republication of non personal information including state-sponsored media content, bans any content opposing the government, and requires foreign Internet companies to maintain domestic servers (effectively placing them within the jurisdiction of the Vietnam government).6 1 Vietnam’s 2013 White Book on Information and Communication Technologies (ICT). See e.g. American Chamber of Commerce - Vietnam, “Vietnam has 131.6 million mobile phones, 4.8 million broadband internet users,” Sept. 22, 2013, available at http :// www . amchamvietnam . com /30441872/ vietnam - has -131- 6- million - mobile - phones -4-8- million - broadband - internet - users / (“AmCham White Book”) 2 For 2012, the International Telecommunications Union (ITU) estimated “the percentage of individuals using the Internet” to be 39.49 percent and “fixed (wired)-broadband subscriptions per 100 inhabitants” to be 4.90 percent in Vietnam. See International Telecommunications Union, “Statistics - Time Series By Country,” 2014, available at http :// www . itu . int / en / ITU - D / Statistics / Pages / stat / default . aspx . See also AmCham White Book. 3 See e.g. The World Bank, “GNI per capita, Atlas method (Current US$),” 2014, available at http :// data . worldbank . org / indicator / NY . GNP . PCAP . CD / countries / VN -4 E - XN ? display = graph . 4 K. Chi, “Affordable smart phones will be dominants in the market,” VietNamNet Bridge, Nov. 29, 2013, available at http :// english . vietnamnet . vn / fms / science - it /90244/ affordable - smart - phones - will - be - dominants - in - the - market . html . 5 See e.g. Chris Brummitt, “Vietnam reaffirms party role in new constitution,” Associated Press, Nov. 28, 2013, available at http :// bigstory . ap . org / article / vietnam - reaffirms - party - role - new - charter . Back to top Page 5 of 158 Despite the government’s multifaceted efforts to restrict online speech, the Vietnamese people have utilized their creativity to circumvent Internet censorship and access the content they want online. The government’s censorship has backfired and spurred a vast percentage of the online population to employ a variety of tactics to circumvent blocking. However, in the current chapter of Vietnam’s repression of free speech, the broad adoption of mobile phones has enabled the censors to implement increasingly pervasive surveillance efforts. Thus, a paradox has emerged. While a Vietnamese citizen has never had easier ways to access content across the globe, attempts by citizens to discuss or consider a more humane and democratic society through the free flow of information have been met by harsh crackdowns. In 2013 alone, more than sixty activists, many of whom were also bloggers, were arrested and countless more surveilled and harassed.7 By both expanding the economic benefits of Internet access and attempting to limit and control information publication and access, the Party is increasingly working at countervailing purposes. Current efforts have led to regulatory uncertainty for the ICT sector and a dangerous online environment for Vietnamese Internet users. With the majority of Vietnamese poised to gain connectivity, this report takes a snapshot of connectivity in Vietnam with a focus on the mobile environment. 6 See e.g. Phil Muncaster, “Vietnam crimps online freedom of speech with ‘Decree 72’,” The Register, Sept. 3, 2013, available at http :// www . theregister . co . uk /2013/09/03/ vietnam _ censorship _ law _ decree _72/ . 7 See e.g. AFP, “Vietnam activisit jailed for Facebook posts,” Oct. 29, 2013, available at http :// www . news 24. com / World / News / Vietnam - activist - jailed - for - Facebook - posts -20131029 . Back to top Page 6 of 158 Section I: Internet Access Landscape The Vietnamese government has made Internet access a key policy priority. This has led to goals being set to increase fiber to the premises such that 25 to 30 percent of the population will be connected via fiber by 2015, and that 95 percent of the population will have access to a “mobile broadband signal” by 2020.8 Dominant Telecom Operators VNPT, Viettel, and FPT are the largest Internet service providers (ISPs) in Vietnam. All are either government-owned, government-controlled, or retain close ties to the government such that the working relationship remains very close, and there is little effective difference between “owned” and “private.” VNPT, FPT, and Viettel have a variety of subsidiaries such as banks, manufacturing, education, and many others unrelated to ICT. While these enterprises are massive, and are controlled by and affiliated with the government, they are
Recommended publications
  • Vietnam: Basic Information for Legal Research − a Case Study of Vietnam
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Academic Research Repository at the Institute of Developing Economies Vietnam: Basic Information for Legal Research - A Case Study of Vietnam 著者 Dao Tri Uc 権利 Copyrights 日本貿易振興機構(ジェトロ)アジア 経済研究所 / Institute of Developing Economies, Japan External Trade Organization (IDE-JETRO) http://www.ide.go.jp journal or Doing Legal Research in Asian Countries China, publication title India, Malaysia,Philippines, Thailand, Vietnam volume 23 page range 195-228 year 2003 URL http://hdl.handle.net/2344/00014999 VIETNAM BASIC INFORMATION FOR LEGAL RESEARCH – A CASE STUDY OF VIETNAM By Prof. Dr. Dao Tri Uc* INTRODUCTION A. Overview of the Vietnamese legal system Thanks to an early introduction of a writing system (i.e. Nôm scripts - demotic characters), written laws came into being in Vietnam long time ago. Before the 10th century, the ancient Vietnam, than named Au Lac was under a brutal rule of successive Chinese feudal dynasties. The laws of Au Lac kingdom were in fact also those introduced by the foreign rulers. Since the 10th century, after the country has gained its independence from the Chinese rulers, Vietnamese feudal dynasties have managed to established their control through a centralised system of governments and a well-developed legal system marked by the famous Hong Duc Code that was enacted in 1483 under the rule of King Le Thanh Tong. This legal masterpiece was continuously revised and preserved by Kings Le under the name of “Quoc Trieu Hinh Luat” (Royal Criminal Code) consisting of 722 articles.
    [Show full text]
  • Bloggers and Netizens Behind Bars: Restrictions on Internet Freedom In
    VIETNAM COMMITTEE ON HUMAN RIGHTS QUÊ ME: ACTION FOR DEMOCRACY IN VIETNAM Ủy ban Bảo vệ Quyền làm Người Việt Nam BLOGGERS AND NETIZENS BEHIND BARS Restrictions on Internet Freedom in Vietnam Article 1: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3: Everyone has the right to life, liberty and security of person. Article 4: No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5: No one shall be subjected to torture or to cruel, January 2013 / n°603a - AFP PHOTO IAN TIMBERLAKE Cover Photo : A policeman, flanked by local militia members, tries to stop a foreign journalist from taking photos outside the Ho Chi Minh City People’s Court during the trial of a blogger in August 2011 (AFP, Photo Ian Timberlake). 2 / Titre du rapport – FIDH Introduction ------------------------------------------------------------------------------------------------5
    [Show full text]
  • Assessing the Marriage and Family Law of Vietnam
    Walsh: The Law of the Family in Vietnam: Assessing the Marriage and Fami THE LAW OF THE FAMILY IN VIETNAM: ASSESSING THE MARRIAGE AND FAMILY LAW OF VIETNAM THOMAS J. WALSH * "To put the world in order, we must first put the nation in order; to put the nation in order, we must put the family in order; to put the family in order, we must cultivate our personal life; and to cultivate our personal life, we must first set our hearts right." Confucius' I. INTRODUCTION It is a virtual truism of human history that in war the biggest victims are the weakest segments of society-the children, the widows, the elderly. The war waged between the Vietnamese and the French, and subsequently between the Vietnamese and the Americans, lasted for thirty years. 2 It started as a struggle of colonialists versus * Thomas J. Walsh is a partner in the law firm of Walsh & Walsh, S.C., in DePere, Wisconsin, receiving his B.A. from Marquette University and his J.D. from Hamline University School of Law. He specializes in the area of family law. This article is dedicated to the men and women of the Gregg Herman Delegation to Vietnam and Cambodia sponsored by People to People (October 2010). Your input and contribution to the delegation has provided insight for this article. 1. This quotation is widely attributed to Confucius. See, e.g., Dennis Merritt Jones, Set Yourself Free: The Weight of Hate Is Too Big a Burden, Huffington Post (Aug. 22, 2011, 9:36 AM), http://www.huffingtonpost.com/dennis-merritt- jones/fear-into-hate b_930965.html.
    [Show full text]
  • (Iipa) 2019 Special 301 Report on Copyright Protection and Enforcement
    INTERNATIONAL INTELLECTUAL PROPERTY ALLIANCE (IIPA) 2019 SPECIAL 301 REPORT ON COPYRIGHT PROTECTION AND ENFORCEMENT Special 301 Recommendation: IIPA recommends that Vietnam should be elevated to the Priority Watch List in 2019.1 Executive Summary: Vietnam is an important emerging market in Southeast Asia for the creative industries, which has investments planned to tap into Vietnam’s booming economy. But the market for creative works in Vietnam remains severely stunted due to worsening piracy and persistent and debilitating market access barriers. Vietnam is now host to many of the world’s most popular piracy websites, and other problems are growing, including Piracy Devices and apps used to access illegal content. While rights holders have implored Vietnam’s government to take action, the government has done very little to address the growing problem. For example, while the highly popular online piracy site 123movies was shut down due to considerable pressure from the U.S. Government and from industry, the Government of Vietnam did not take any effective actions against those responsible for the site. Thus, the site appears to have simply sold its main architecture, which has led to a proliferation of copycat sites around the world. One exception is the government’s support for national broadcasters to protect their investment in the World Cup broadcast by disabling access to hundreds of infringing websites. Unfortunately, the government has not been as amenable to working with foreign rights holders to take action against similarly harmful websites hosting or distributing other types of infringing content. Rights holders face unreasonable hurdles in enforcing their rights, including requirements for evidence collection that are impossible to meet.
    [Show full text]
  • Law at War: Vietnam, 1964-1973
    YIETMM STUDIES LAW AT WAR: VIETNAM * 1964-1973 by Major General George S. Prugh DEPARTMENT OF THE ARMY WASHINGTON, D.C., 1975 Library of Congress Catalog Card Number: 74-3 1399 First Printing For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 -Price $2.30 StockNumber0820-00531 The United States Army has met an unusually complex challenge in Southeast Asia. In conjunction with the other services, the Army has fought in support of a national policy of assisting an emerging nation to develop governmental processes of its own choosing, frpe of outside coercion. In addition to the usual problems of waging armed conflict, the assignment in Southeast Asia has required superimposing the imniensely sophisticated tasks of a modern army upon an under- developed environment and adapting them to demands covering a wide spectrum. These involved helping to fulfill the basic needs of an agrarian population, dealing with the frustrations of antiguerrilla operations, and conducting conventional campaigns against well- trained and determined regular units. Although this assignment has officially ended, the U.S. Army must prepare for other challenges that may lie ahead. While cognizant that history never repeats itself exactly and that no army ever profited from trying to meet a new challenge in terms of the old one, the Army nevertheless stands to benefit immensely from a study of its experience, its shortcomings no less than its achievements. Aware that some years must elapse before the official histories will provide a detailed and objective analysis of the experience in South- east Asia, we have sought a forum whereby some of the more salient aspects of that experience can be made available now.
    [Show full text]
  • Anchors to Reduce Land Grabbing, Dispossession and Displacement
    60 STUDY Analysis Land Rights Matter! Anchors to Reduce Land Grabbing, Dispossession and Displacement A Comparative Study of Land Rights Systems in Southeast Asia and the Potential of National and International Legal Frameworks and Guidelines Published by Brot für die Welt – Evangelischer Entwicklungsdienst Evangelisches Werk für Diakonie und Entwicklung e. V. Caroline-Michaelis-Straße 1 10115 Berlin Telephone +49 30 65211 0 [email protected] www.brot-fuer-die-welt.de Author Professor Andreas Neef Editors Caroline Kruckow, Maike Lukow Photos Birgit Betzelt (p. 21), Jörg Böthling (p. 30), Florian Kopp (p. 71), Christof Krackhardt (p. 6, 22, 43, 73), Licadho (title, 47), Thomas Lohnes (p. 40), Andreas Neef (p. 16, 18, 25, 34, 37, 54, 60), Antonia Schneider (p. 9), Carsten Stormer (p. 11) Layout Büro Schroeder, Hannover Printed by Spreedruck GmbH, Berlin Responsible according to German Press Law Dr. Klaus Seitz Art. Nr.: 129 5 0235 0 Donations Brot für die Welt – Evangelischer Entwicklungsdienst IBAN DE10 1006 1006 0500 5005 00 Bank für Kirche und Diakonie BIC GENODED1KDB Berlin, September 2016 Land Rights Matter! Anchors to Reduce Land Grabbing, Dispossession and Displacement A Comparative Study of Land Rights Systems in Southeast Asia and the Potential of National and International Legal Frameworks and Guidelines Author Professor Andreas Neef Contents Preface . 6 Executive Summary . 8 1. Introduction . 11 2. Scale, Actors, Mechanisms and Discourses around . 12 Land Grabbing and Land Confiscation in Southeast Asia 2 1. What is the scale of land grabbing and who are the actors involved? . 12 2 2. Who are the major actors involved in large-scale land transactions? .
    [Show full text]
  • The Drafting of Vietnam's Consumer Protection
    The Drafting of Vietnam’s Consumer Protection Law: An Analysis from Legal Transplantation Theories by Cuong Nguyen LL.B., Hanoi Law University, 1998 LL.M., Niigata University, 2004 A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY in the Faculty of Law Cuong Nguyen, 2011 University of Victoria All rights reserved. This dissertation may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee The Drafting of Vietnam’s Consumer Protection Law: An Analysis from Legal Transplantation Theories by Cuong Nguyen LL.B., Hanoi Law University, 1998 LL.M., Niigata University, 2004 Supervisory Committee Dr. Andrew Harding, Faculty of Law Supervisor Professor William A. W. Neilson, Faculty of Law Departmental Member Professor Jeremy Webber, Faculty of Law Departmental Member Dr. Connie Carter, Peter B. Gustavson School of Business Outside Member Professor Mark Sidel, Faculty of Law, University of Iowa External Examiner iii Abstract Supervisory Committee Dr. Andrew Harding, Faculty of Law Supervisor Professor William A. W. Neilson, Faculty of Law Departmental Member Professor Jeremy Webber, Faculty of Law Departmental Member Dr. Connie Carter, Peter B. Gustavson School of Business Outside Member Professor Mark Sidel, Faculty of Law, University of Iowa External Examiner This dissertation uses the latest development in consumer protection law in Vietnam (the adoption of the Consumer Protection Law of 2010 to regulate transactions between consumers and traders) to test key claims in competing legal transplantation theories. This research investigates comparative law debates about the legitimacy, usefulness and possibility of legal transplantation in law reform in developing and transitional countries.
    [Show full text]
  • Urban Green Areas – Their Functions Under a Changing Lifestyle of Local People, the Example of Hanoi
    Urban Green Areas – their functions under a changing lifestyle of local people, the example of Hanoi Inauguraldissertation Zur Erlangung des akademischen Grades doctor rerum naturalium (Dr. rer. nat.) an der Mathematisch-Naturwissenschaftlichen Fakultät der Ernst-Moritz-Arndt-Universität Greifswald vorgelegt von LE To Luong geboren am 18.10.1983 in Ha Noi, Vietnam Greifswald, den 5. Marz 2013 Dekan: Prof. Dr. Klaus Fesser 1. Gutachter : Prof. Dr. Wilhelm Steingrube 2. Gutachter: Prof. Dr. Hai Thi Nguyen Tag der Promotion: 21/06/2013 TABLE OF CONTENT Page Abstract…………………………………………………………………………………… vii List of figures…………………………………………………………………………….. xiii List of Tables……………………………………………………………………………... xvi List of Pictures……………………………………………………………………………. xvii Abbreviations and Equivalents…………………………………………………………. xviii 1 Introduction………………………….…………………………… 1 1.1 Hanoi – the city of investigation…………………………………… 2 1.1.1 Location and topography………………………………………………………. 2 1.1.2 Climate…………………………………………………………………………... 2 1.2 Hanoi – city plans and management ……………………………… 4 1.2.1 Phases of urban planning in Hanoi…………………………………………… 5 1.2.1.1 Hanoi’s plans before 1885………………………………………………………. 5 1.2.1.2 Hanoi’s plans 1885-1945………………………………………………………… 6 1.2.1.3 Period 1954-1964 ……………………………………………………………….. 7 1.2.1.4 Period 1964-1974……..………………………………………………………….. 8 1.2.1.5 Period 1975-1986……………………………………………………………….. 8 1.2.1.6 Period 1998 to date……………………………………………………………… 8 1.2.1.7 The future vision of Hanoi…………………………………………………………12 1.2.2 The political system in Hanoi………….…….…………………………………. 13 1.2.3 Management process of Planning….…………………………………………. 14 1.3 Objectives and hypotheses………………….…………………........ 17 1.4 Methodological Approach………………………………………….. 18 1.4.1 Statistics…………………………………………………………………………. 21 1.4.2 Observation……………………………………………………………………… 21 1.4.3 Visitor counting…………………………………………………………………. 23 1.4.4 Surveys…………………………………………………………………………... 24 1.4.4.1 Online survey…………………………………………………………………….
    [Show full text]
  • Regulatory Review of Vietnamese Legislation on Franchising
    Support Vietnamese enterprises to understand distribution processes and market demand in the EU and to adjust to such processes and demand Activity: ICB-14 REGULATORY REVIEW OF VIETNAMESE LEGISLATION ON FRANCHISING Authors: Andras LAKATOS Pham Nguyen Minh Tran Thi Thu Phuong September 2015 This Report was developed with the support from the European Union. The opinions conveyed herein are those of the author, not that of the European Union nor the Vietnamese Ministry of Industry and Trade 2 TABLE OF CONTENTS List of acronyms.................................................................................................................................................. 4 1. Introduction ................................................................................................................................................ 5 2. The origin and evolution of Franchise Regulation in Viet Nam ........................................... 7 2.1. The first stage of franchising in Viet Nam ............................................................................ 7 2.2 Current situation of commercial franchising...................................................................... 8 2.3 Development prospects ............................................................................................................. 10 3. Description and legal / regulatory analysis of the current FranchiseRegulation ...... 10 3.1 Past regulations (before 2006) ..............................................................................................
    [Show full text]
  • New Voices: Socio-Cultural Trajectories of Vietnamese Literature in the 21St Century
    New Voices: Socio-Cultural Trajectories of Vietnamese Literature in the 21st Century NEW VOICES: SOCIO-CULTURAL TRAJECTORIES OF VIETNAMESE LITERATURE IN THE 21st CENTURY Dana HEALY School of Oriental and African Studies (SOAS), University of London Thornhaugh Street, Russell Square, WC1H 0XG London, UK [email protected] Many important changes have taken place in the domain of Vietnamese literature in the last two decades as the country embraced the new globalized consumer age. This article examines the ways in which contemporary Vietnamese literature responds to the new social and cultural milieu delineated by rapidly developing market economy, globalization, and rise in new technologies, mass media and the internet. It highlights the role of young generation of writers whose enthusiasm, unorthodox creativity, penchant for experiment and resentment of authority contributed to the transformation of Vietnamese literature from a ‘servant of revolution’ to the purveyor of entertainment, modernity and individualism. It also analyses the changes in the publishing industry and evaluates the role of the internet in Vietnam as a vital alternative space which can accomodate various forms of marginalized writing. Key words: Vietnamese literature, publishing, the internet, popular literature Introduction Contemporary literature in Vietnam derives its momentum from a new generation of writers. With their youthful enthusiasm, unorthodox creativity, penchant for experiment, resentment of authority and desire for freedom they are defying established Vietnamese
    [Show full text]
  • 2018Spec301vietnam
    VIETNAM INTERNATIONAL INTELLECTUAL PROPERTY ALLIANCE (IIPA) 2018 SPECIAL 301 REPORT ON COPYRIGHT PROTECTION AND ENFORCEMENT Special 301 Recommendation: IIPA recommends that Vietnam should be elevated to the Priority Watch List in 2018.1 Executive Summary: As a result of worsening piracy and persistent market access barriers that exacerbate the problem, the market in Vietnam for creative goods and services is severely stunted. While Vietnam’s Government has recently taken certain steps that indicate it is beginning to recognize the seriousness of its growing piracy problem, more substantial actions are needed. Vietnam has committed to ratifying the WIPO Digital Treaties, and, without delay, the government should take the necessary steps to ratify and implement them. It is long past time for Vietnam to make good on its political commitments and international obligations to improve copyright protection in the digital environment, confront its enormous piracy challenges, and remove the remaining barriers to its creative marketplace. Vietnam must take more affirmative enforcement actions against piracy, such as issuing deterrent administrative penalties against infringers, and undertaking criminal prosecutions, beginning with major online piracy operations that are based in Vietnam. Vietnam’s piracy problems would also be reduced if the country removed its highly restrictive market access barriers, which, by limiting Vietnamese consumers’ access to legitimate content, pushes them towards illegal alternatives. IIPA hopes that the Government of Vietnam will support procedures developed by a group of motion picture rights holders in consultation with Internet Service Providers (ISPs) to ensure that online infringing content is taken down and such content does not reappear. The government should also address concerns with the Copyright Office of Vietnam (COV), which is grossly understaffed, and has not taken any action to reform the dysfunctional collective management organization for music producers.
    [Show full text]
  • DOC-367222A1.Pdf
    PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. SCL-00284NS Wednesday September 30, 2020 Non-Streamlined Submarine Cable Landing License Applications Accepted For Filing Unless otherwise specified, the following procedures apply to the applications listed below: The applications listed below have been found, upon initial review, to be acceptable for filing. Pursuant to the Submarine Cable Landing License Act, 47 U.S.C. §§ 34-39, and Executive Order No. 10530, reprinted as amended in 3 U.S.C. § 301, each applicant seeks: (a) the grant of a cable landing licensee; (b) the modification of a cable landing license; and/or (c) the assignment or transfer of control of an interest in a submarine cable landing license. These applications are not subject to the streamlined processing procedures set forth in Section 1.767 of the Commission's rules, 47 CFR § 1.767. Filings relating to this application must be received within 14 days of this notice. Ex parte communications between outside parties and Commission staff concerning these applications are permitted subject to the Commission's rules for "permit-but-disclose proceedings." See 47 C.F.R. § 1.1206. These applications are being coordinated with the Department of State and other Executive Branch agencies pursuant to section 1.767(b) of the Commission's rules, 47 C.F.R. §1.767(b), and consistent with procedures established with the Department of State. See Review of Commission Consideration of Applications under the Cable Landing License Act, IB Docket No.
    [Show full text]