Free Speech and Censorship Sherwin Siy Staff Counsel Electronic Privacy Information Center

U.S. Tech Companies in China-Dilemmas Censorship (search results, blog takedowns) Disclosing Personal Information Providing Equipment Used in Censorship

Censorship Search Results--Yahoo, Google remove certain links Blogs--Microsoft removes blogs posting criticism

Disclosing Personal Information Yahoo Disclosures linked accounts and online postings with: –Shi Tao: 10 years for reporting “state secrets” –Li Zhi:8 years for “inciting subversion” –Jiang Lijun: 4 years for “subversion”

Providing Equipment Used in Censorship Cisco –Providing Chinese government with network infrastructure that can be used for blocking/filtering –Marketing to, training police forces in their use

Company Responses Bringing the Internet to China The Internet is a tool against repression Must obey local laws and customs

Congressional Response Global Online Freedom Act –H.R –Introduced Feb. 16, 2004 –Introduced by Chris Smith (R-NJ)

Components of GOFA Reports on Internet freedom Creates Office of Global Internet Freedom Prohibits altering search results at behest of “Internet-restricting country” Must report filter requests

Components of GOFA (cont’d) U.S.-supported content can’t be blocked Must report blocked info and takedown requests. Cannot turn over personally identifying information to a restrictive country unless OK’d by DOJ Export Controls on censorship equipment

Issues with GOFA Restrictive / non-restrictive list –Should it matter what country does the filtering, blocking, or takedown request?

Issues with GOFA Transparency: –Both transparency provisions require reporting of filtering and takedowns to OGIF, not to users

Issues with GOFA Special protections for US content –Why privilege US gov’t speech?

Issues with GOFA Integrity of User Information –Department of Justice has final word on turning over information –Transparency issues to begin with –Again, is the distinction necessary?

Principles Transparency –For users, not just government. If must remove results, say how many, under what authority, according to what complaint. Notice of Requests –Users should know what information kept, what requested, have a chance to object Abide by International Law –Interpret and argue under local laws Limitation –If you can’t protect it, don’t collect it

Principles Should be Universally Applied Transparency: DMCA, hate speech filtering Notice of requests: John Doe suits Data limitation: DoJ/ Google requests Don’t just roll over: see above

What to Do? Legislation is a blunt instrument Pressure from companies can make a difference Company incentives to acquiesce to China demands--profit Pressures against censorship that affect bottom line might alter incentive structure Fighting censorship starts at home

Issues to Watch Data retention-in EU, US Regulation of disfavored content and disfavored means-pornography, file sharing Thin end of the wedge (child pornography campaign) Mission creep