Global Online Freedom Act: needs improvement.

Republican Congressman Chris Smith has an editorial in the Wall Street Journal today calling for passage of the Global Online Freedom Act, which was introduced in the House of Representatives after a full day of hearings on February 15th.  I agree with Smith’s general point:

We are at a point where leading U.S. companies like Google, Yahoo, Cisco and Microsoft have compromised both the integrity of their product and their duties as responsible corporate citizens in order to compete in the world's largest market. The ability to communicate openly is the key to unlock the doors to freedom for those who cannot feel its touch, and IT companies can help to provide that. As Americans, we need to empower those who seek the path of democracy, not stifle their ability to speak out.

I also agree with parts of the proposed legislation: provisions that would forbid storage of user data on servers inside China, would make it illegal to sell equipment or services to law enforcement agencies in countries like China and would enable victims of Yahoo!'s police collaboration to sue Yahoo! in US court. These things all make sense.

But. A big “but.”

There are some other things in the bill as it currently stands that I disagree with and which I discussed in an article I wrote for The Nation. The act would require US Internet companies to hand over all lists of forbidden words provided to them by "any foreign official of an Internet-restricting country" (as defined by the US State Department) to a specially created US government office. It would also require companies to report all content deleted or blocked at the request of the host government to the same government office. This would put US companies in a tough position in foreign markets if they are perceived to be US government stooges - which this Act would in effect require them to be. The Act would also result in US companies handing over Chinese user information to the US government. Why would we ask companies to hand over Chinese user information to the US government, when many Americans don't trust our own government with our own personal data? Aren't we better off setting global standards to protect all users from all governments everywhere?

We should not allow American companies to act in ways that contradict fundamental American values. But we must act in a way that respects the rights of people in other countries as much as we respect our own rights. The Global Online Freedom Act of 2006 is the beginning of a conversation about what needs to be done. But in its current form, it should not be the last word.

Other free-speech advocates like the Electronic Frontier Foundation have similar concerns. I have a lot of respect for friends like Julien Pain at Reporters Without Borders who says he is going to lobby to get the GOFA passed. But I would frankly rather see a dialogue between congress, the affected companies, human rights groups, and free speech activists to come up with something that won’t be counterproductive in a number of important ways.

Comments

[mahathir_fan]

Is there not a proper civil procedure to ask for information from Yahoo? The GOFA is inviting hostility.

I agree that if US companies hand over information to Chinese authorities for the purposes of "kissing up" and "winning favors", then that should be considered bribery.

However, US companies must nevertheless comply with Chinese laws. For example, if Chinese authorities produces a court issued warrant for information, then US companies should cooperate with them. A warrant is only issued by a judge after careful consideration.

That is if Chinese authorities acted in accordance with Chinese laws, and in accordance with Chinese laws, US companies are obligated to turn over information then they should do so. Unless, US companies finds a loophole in the law - for example storing information overseas etc. etc..
then they need not comply.

The rules are already laid out clearly. If they are not, US companies should challenge them in the Chinese legal system. If US companies find that such laws are difficult to follow, they should not be in the Chinese market or they should challenge those information requests in the court of law.

[hi]

to mahathir_fan:
there areno laws in china,there
are only commands of ccp. if u dont obey the commands of ccp , u
break the chinese laws

[mahathir_fan]

Wait...why is CCP making the rules? I think it is spelt out very clearly how rules are made in China, through the NPC.

Based on my understanding, there are many sub-committees that make laws that get translated up the chain until it finally reaches NPC.

It is a similar system of drafting laws like how the telecoms industry drafts standards - for example GSM. They meet once a year to ratify the standards, at other times, they convene in special groups.

Also, it should be okay, after all China is the world's largest democracy. I see people in China voting, haven't you?

see: http://www.chinadaily.com.cn/en/doc/2003-12/08/content_288018.htm

[hi]

to mahathir_fan :
where r u now ,mahathir_fan?dont
let ccp fool u.ccp rules everything .there is only one party in china,the other partys r controled by ccp.there is only one religion.that s Marxism.all the candidates are nominated by ccp.chinese people will never know who they are what they look like. the candidates will never address people.
vote? it s just like to play a gambling game.

[mahathir_fan]

".there is only one religion.that s Marxism."

Are you saying China is like the Vatican? I have heard that in the Vatican, the people there have no choice on electing the pope. The pope is decided by some secret voting system. Also, their followers are led to believe that the pope is holy and that they will go to heaven after they die. There is also no freedom of religion in the Vatican. Everyone had to be a Catholic and there is no other religious sanctuary other than the church.

I wonder, when reporters without boundary will start picking on the Vatican instead of China? I have seen the VAtican followers come out during the last days of John Paul II. They crowded the streets all over the world and held up candles. It is very sad to see that the amount of propaganda that has been churned out to propell the people to be so devoted. It reminds me of North Korea. In North Korea, Kim Jong Il is their pope.

[William]

Because you do know China, a traditional feodal country, deeply sunk in its culture, political and economics, which has been completed in about 2 thousand years. Marxism is not so popular temporary there; Instead a new centralized government has been formed in the name of New society.
At the help of internet, the world synthesizes together !

[Millions of Chinese]

I dont think you have any necessity to leave such a bunch of nonsense. how much do you know about chinese and its culture?
Let me tell you, wherever you go, the law is that you've been told what should do and not! there is command, also the law is there. the law called the Constitutions of republic of China.

people who like talking about something they dont really know are actually ignorant.