Cybersecurity Law in Vietnam

On January 1, 2019 the Vietnamese National Assembly instituted the revolutionary Cybersecurity Law (hldataprotection). The new law imposes extreme restrictions on user freedom online in hopes of preventing cyber crimes. Defaming the government, spreading false information, and promoting radical ideas on the internet are all punishable under the new law (freedomhouse.org). Punishments for inadmissible behavior can include internet restriction, blockage from telecommunication networks, or worse, jail-time. In addition, the law limits the content that is acceptable to post online and any information flagged by the government must be removed immediately (freedomhouse.org). Moreover, social media companies and other online services have to comply to new data localization guidelines that require them to collect Vietnamese user data and report it to authorities when requested (hldataprotection). The implementation of the Cybersecurity Law has caused significant backlash from online service providers and Vietnamese people for infringing on the privacy rights of Vietnam citizens.

Vietnam Internet Censorship Background

Although nearly 54% of the Vietnamese population is online, Vietnam has had strict internet regulation guidelines since 2013 (washingtonpost.com). Vietnam uses a combination of firewalls, controls, and other forms of censorship on the internet to limit anti-government propaganda and other harmful behavior (https://link.springer.com/article/). Many websites containing information about democracy and freedom are blocked. However, their efforts are not limited to technical controls, Vietnam implements legislation and provides education that furthers their security intentions (https://papers.ssrn.com/sol3/papers.cfm?). The rigor of Vietnam’s internet censorship follows similar patterns to those of its neighbor, China.

Social Media

Prohibited Content

More than half of Vietnam’s population are social media users, specifically Facebook, Youtube and Google (https://www.reuters.com/article/us-vietnam-socialmedia). However, the main attraction of social media was the absence of government regulation, making it one of the few platforms for activists to express their dissents. Yet, the Cybersecurity law requires social media companies to remove or block any information considered toxic. Most prohibited content denounces the Vietnam regime or promotes radical ideas. Social media companies have 24 hours to remove the information requested by authorities without being penalized (https://freedomhouse.org).

Data Localization Policies

The Cybersecurity law also requires companies like Facebook and Google to build offices in Vietnam to provide local data storage (https://www.reuters.com/article/). The data localization policies specify that the data collected can be as simple as name or phone number of a user or as invasive as their job title, medical records, address, and activities online (hldataprotection). This information must be surrendered to the government when requested. The government’s enforcement of collecting this data minimizes the importance of protecting a person’s informational ownership (FLORIDI). Moreover, it defeats a user’s ability to be anonymous because so much data is collected and when coordinated can easily provide identifiability (WALLACE). Informational ownership and anonymity are vital aspects to a person’s privacy. Some social media companies recognize the privacy violation and have to choose between complying to the Cybersecurity law or their own terms of service (hldataprotection).

Bloggers/Activists

The content posted by bloggers and activists online is closely surveilled and can be subject to punishment under the Cybersecurity law. Previously, radical bloggers and activists could be given harsh prison sentences for posting slander online. Blogger Hoang Duc Binh received the longest sentence and suffered 14 years in prison (https://freedomhouse.org). Under the new law any blogger caught making an offensive comment can be convicted of a crime. The government implemented a 10,000 person military unit to exploit offensive content online (https://freedomhouse.org). However, the government’s ability to manipulate the information posted online by a Vietnamese citizen can be seen as an unauthorized invasion of personal information and thus a breach of privacy (FLORIDI). The government shows no respect to privacy in regards to non conforming opinions and commentary.

Criticism

Across the world the Cybersecurity law has been denounced repeatedly for its absence of privacy protection for the Vietnamese people. Many critics argue the law exhibits zero regard for privacy on the internet and has destructive outcomes for freedom of expression (https://thediplomat.com/2). Every act by citizens and online service providers is closely monitored and scrutinized. Constant surveillance in a public space produces ambiguity on who is monitoring actions and when (PATTON). Surveillance causes a significant loss of freedom because it changes a person’s experience in that space. This has devastating consequences for privacy because it compromises a “person’s sense of self-ownership of their activities and thereby their identities” (PATTON). Communities online used to be the only way to escape from Vietnam’s oppressive climate, but now even this outlet is tainted. Many believe the Cybersecurity law is solely to protect the government’s monopoly on power instead of for cyber security purposes (https://thediplomat.com).