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2008

U.S. Technology Giants Formulate Voluntary Code of Conduct For Repressive Regimes

August 6, 2008 0

Shortly before the Olympic torch reaches Beijing, and with all eyes glued to monitoring activities on China, Web leaders report a milestone in Internet freedom in countries where censorship is the law of the land.

With politicians more and more questioning US Internet companies’ acquiescence to countries that have restrictive Internet policies, like China; Top Web companies say they are close to a tentative agreement with human-rights organizations and other groups on formulating a voluntary “code of conduct” governing Internet operations in countries where Internet freedom is curtailed.

Thus, the agreement was reached between the big three search providers; Microsoft Corp., Google Inc. and Yahoo Inc. along with human rights groups are now working at a common behavior code for U.S. firms operating in countries that tend to restrict free speech in cyberspace.

Sen. Dick Durbin (D-Ill.), who heads the Subcommittee on Human Rights and the Law, praised Microsoft, Yahoo and Google for the letters each submitted saying that they have agreed in principle on the global code of conduct to promote human rights and Internet freedom.

“This code of conduct would be one important step toward our shared goals of promoting freedom of expression and protecting the privacy of Internet users around the world,” Durbin said in a statement.

Requests for comment from Microsoft, Google, and Yahoo — participants in the deal — all went unanswered this afternoon. However, confirmation of the code’s formation came today from Sen. Durbin (D-Ill.), chairman of the Senate Subcommittee on Human Rights and the Law.

In separate letters sent to Durbin, and Republican Senator Tom Coburn, the companies said the code’s details were being worked out, the Wall Street Journal reported.

In May, Sen. Durbin chaired a hearing on global Internet freedom where representatives from the three tech companies described their operations in repressive regimes.

Last month, Sens. Durbin and Tom Coburn (R-Okla.), ranking member of the Subcommittee, had asked the companies for an update on their progress in devising best practices for doing business with and in China. Both expressed some concern that without any kind of code, those in the country for the Olympics using the Internet could be at risk of police action if companies are assisting the government.

“The recent wave of letters came in response to Durbin’s request last month that the companies provide him with a status update.”

Sen. Durbin said in a statement that “We must ensure that American companies operating in repressive regimes are protected by fundamental human rights.”

For example, as far as China is concerned, the companies would still play by the country’s rules, but they would not go any further than those rules require.

“It is vital to the protection of fundamental human rights that a voluntary code of conduct be finalized and implemented as soon as possible,” the senators wrote last month. Referring to a hearing on the topic convened by the Subcommittee last May, they continued, “At the hearing, we agreed that Google and other American internet companies operating in Internet-restricting countries should promote free speech and not facilitate repression. A voluntary code of conduct would be one important step toward our shared goals of promoting freedom of expression and protecting the privacy of Internet users around the world.”

Looking at the positive response, Sen. Durbin said, “This code of conduct would be one important step toward our shared goals of promoting freedom of expression and protecting the privacy of Internet users around the world. I look forward to learning more about the details this agreement and whether it will adequately regulate American companies operating in internet-restricting countries.”

The agreement, subject to final approval of the terms, comes after intense hearings in 2006 before the Senate Human Rights and the Law Subcommittee chaired by Durbin. On July 21 Durbin said the subcommittee would like to see progress, and the companies appear to have delivered.

Yahoo, Microsoft, and Google have frequently been under fire in the past for complying with China’s controversial Internet policies. Amnesty International criticized Microsoft and Google back in 2006 for agreeing to censor their search results within China so that forbidden topics would not be available to citizens. Yahoo on the other hand was criticized for revealing personal information on Chinese dissidents.

“The code will be completed later this year.”

“Censorship is still widespread, dissidents are still being arrested and held in detention and none of the companies have announced changes in their operating procedures or policies which would change either of those facts,” Amy O’Meara, director of business and human rights for Amnesty International U.S.A. told the Los Angles Times.

The impending Olympic Games have increased questions about Internet censorship in China, especially after Chinese officials tried to block journalists there for the games from accessing certain sites, even after the Chinese government assured reporters they would have full freedom to search the Internet, unlike its citizens.

“After complaints, the matter was solved rapidly.”

Google’s letter said that the search giant will not provide the Chinese government with “any sensitive personal information regarding American athletes, journalists, and tourists who use the Internet while they are in China during the Olympics other than required by United States law.” According to the Yahoo letter, CEO Jerry Yang personally asked Secretary of State Condoleezza Rice to bolster diplomatic efforts in the name of human rights, particularly before the Olympics. The Microsoft letter is viewable here.

The latest sign of progress on crafting an Internet policy to address the long-simmering issue of companies operating in repressive nations comes as the world’s spotlight focuses on China, where the Olympic Games begin Friday in Beijing.

In their letters, the tech companies described three pillars of the code of conduct they expect to be finalized by the coalition. Their aim is to create a unified front of Internet, communications and technology (ICT) stakeholders to promote Internet freedom and privacy around the world.

The group, dubbed the “ICT Initiative on Freedom of Expression and Privacy,” is reviewing the specifics of an agreement whose core components include implementation guidelines, governance and accountability framework and a set of operating principles such as freedom, privacy and transparency.

A Yahoo spokeswoman said in a statement that she expected the code of conduct to be finalized within the coming weeks.

The three companies who drew praise from the senator have not always been favorites on the Hill, particularly when it comes to their policies in countries like China.

It is not clear whether the code will really change much with respect to cooperation. Yahoo and, to some extent, Google have defended their actions as respecting the laws of China, whether they agree with those laws or not.