Disclaimers: When it comes to this topic, I'm biased in every possible way.
I've been involved in internet censorship research, and in designing programs to circumvent this
censorship, for a number of years. When I mention studies done by the
OpenNet Initiative, there's a good chance that I've been
involved in the research. I've had internet censorship on the brain for years now.
To further my bias, I'm also soon to be affiliated with Google. I've already been hired by them, and I'm
going to start work in June.
Because I'm partially involved with both sides of this issue, I've been contacted by e-mail, phone, IM,
IRC and any other conceivable channel by the media, human rights organizations, and just curious
observers, who want to know my opinion on this issue. I've ignored most requests, and delivered canned,
non-commital answers to the rest.
Now that the initial hype about this issue has died down, I feel obligated to share my thoughts, but only
when accompanied by this long stretch of disclaimers.
All and any comments below are fully my own. They don't represent any of the organizations I've worked
with in the past, I'm working with currently, or I will be working with in the future.
These are just my own personal opinions about the issue. Take 'em or leave 'em.
Ready? Here we go...
When Google announced that they would be deploying a censored Google China, the subject of internet
censorship received media attention like it never had before. It became a topic that the general public
discussed and protested. But this isn't a story that began with Google in China. This wasn't a first
for Google, and it wasn't a first for China, and it certainly wasn't a first for the world.
Now that this issue has reached public discourse, an invaluable opportunity for change has presented
itself. But like all political issues, it's worthless to examine it in isolation: a lot of history and
precedence has to be taken into account.
China has been censoring the web long
before Google.cn came around. They block content from pornography to religious material to political
dissent. When a user attempts to access this information, they see a network error instead of the
requested content. China
couples this technical level of
filtering with a series of laws and regulations to control content that's published within its borders,
and to bully its citizens into practicing self-censorship where they don't even try to access the
forbidden content.
It's also important to note that China
isn't
the only country to censor their internet. Although internet censorship in China has received the
most attention, the OpenNet Initiative has already investigated cases of internet censorship in
nearly
thirty countries, both authoritarian and democratic.
Internet filtering has become so widespread, that it's become a market unto itself. Companies like
Cisco tailor
advertisements of their
routers to appeal to countries who censor the internet. Other companies provide "censorware", like
Secure Computing's
SmartFilter, which is
sold to countries explicitly
for the
purpose of filtering the internet. These products provide categories like
"Non-Profit Organizations / Advocacy Groups"
to make it easy to censor certain topics with the click of a button.
The actual content being filtered around the world varies, depending on the country, from
human rights groups to
child pornography.
Google itself has engaged in self-censorship in its regional Google pages before. Back in 2002, Google
removed controversial sites from
Google.fr and Google.de (Google France and Google Germany) such as the neo-nazi group Stormfront.
Also in 2002, Google
removed links to
www.xenu.net and in 2003
links to the kazaa lite program
after receiving takedown notices under the United States'
Digital Millennium Copyright Act.
Google wasn't the only internet company who was changing their services at the request of a local
government.
Microsoft
banned 'Democracy' and 'Dalai Lama' from the Chinese version of its blog site and
Yahoo turned over
information that helped the Chinese government track down and imprison a journalist who just
forwarded an e-mail. Jerry Yang, a co-founder of Yahoo,
explained
that his company had no choice but to cooperate with the Chinese government's wishes: "
To be doing
business in China or anywhere else in the world, we have to comply with the local law."
However Google's history with China has been a rocky one. In September 2002,
China blocked access to Google entirely.
Even after the Chinese authorities unblocked Google, they continued to
block the Google cache and certain searches within
Google and occasionally
blocked access to
Blogger, Google's blog service. Note that all of this blocking was done by the Chinese government,
and not Google itself.
Then, in 2004, Google began to
filter its own Chinese language
News site in accordance with the
Public Pledge
of Self-Regulation and Professional Ethics for China Internet Industry, similar to when they removed
content from Google.fr when requested by the government of France, or from Google's main site when
required to by the DMCA.
If Google was ever going to set up an office in China, they would have to
fully comply with this
Public Pledge, including filtering topics that the Pledge deemed "inappropriate" from all of Google
China. When they
announced
that they were going to set up a local presence, and thus be forced to censor Google.cn, Google explained
that the service that they had been previously providing in China was unreasonably poor and that these
connectivity issues could only be resolved by a local presence.
This brings us to present day.
Internet censorship is happening all over the world, with many private corporations involved, and finally
this case receives enough attention that the general public is listening. What now?
It's important to first acknowledge that Google was placed in a very difficult position. Their mission
is to provide the greatest access to information to the greatest number of people. Although filtering
search results compromises this mission, so does failing to offer Google search to a fifth of the world's
population.
To be absolutely blunt, I don't agree with the choice that Google made. However -- and I feel that
these are extremely important clarifications -- not only to I acknowledge the fact that this was a
difficult decision for them that they didn't enter into lightly, I also believe that Google deserves
credit for insisting that this isn't the end of the discussion and for at least trying to do this
"right".
This isn't a black and white issue, and to simplify it into these extremes would remove the possibility
for gradual improvement.
To explain what I mean by Google trying to do this "right", I first want to separate some of the many
issues that are involved here. When it comes to tech giants participating in censorship some of the
prevalent issues are user security, access to information, compliance and transparency.
"User security" comes into play when companies like Yahoo
are involved in
releasing information to the authorities that is used to harm an individual. Google seems to be
hyper-aware of this issue: not only has Google
refused
to do something similar in the US, but they have also
stated that they are intentionally
not going to offer some Google products on Google.cn, such as Gmail and Blogger, until they feel
comfortable that they can do that in a way that respects users' privacy. They also later
decided to
store all search records outside of China in order to prevent the government from accessing it without
Google's consent. These are very important stands for Google to be taking, and certainly worthy of
acknowledgment and praise in a field where no other tech giant is willing to go to such extremes to
protect its users' data.
The second issue is
"access to information". These websites are already blocked from within
China, regardless of whether or not Google.cn lists them. The Chinese government is
already blocking certain search phrases in
Google, using filtering mechanisms that Google has no control over. No website previously available in
China suddenly becomes blocked
because of Google's decision to filter. (Though I will discuss how
it is still harmful, below.)
The third issue, and the place where I feel that the most harm is done by Google's decision, is
"compliance". If Google had refused to participate in the Chinese market under the specified
terms, it could have contributed to the building of a legitimacy norm. Instead, other companies can now
feel free to violate human rights when following the Public Pledge under the protection that they are "no
worse than Google". For me, this is where the problem lies, and why I have to disagree with Google's
decision. However, I believe that there are ways that Google can work to mitigate this damage, which
I'll discuss later.
The fourth issue is
"transparency", and here I feel that Google is much better than the rest.
Transparency has become a major issue with respect to internet censorship, because it is
so
infrequently available. Companies that build censorware do not disclose the list of websites being
filtered, because these lists are their own intellectual property. China, as well, does not disclose
what content is being filtered, nor how. In fact, they even hide the fact that a website is being
blocked: all that the user sees is an error page that is indistinguishable from a network error. Most
companies that self-censor their services are doing so with an equal amount of secrecy about what they're
filtering and why. Google, however, has
promised to disclose
when results have been removed, just as they currently do when they remove results from France and
Germany, as already discussed. In these cases, Google has also posted the official takedown notice to
Chilling Effects so that it can be publicly available. Google
deserves acknowledgment for its efforts in terms of transparency in order to convince others in the field
to follow suit. Transparency is so important because it's the first step towards corporate
accountability.
So if Google is being "less evil" than the others in its field, why is everyone on its back? I think
that this has something to do with the nature of Google in our lives. We hear a song on the radio, and
Google its artist. We can't remember how many eggs go in this recipe, so Google for a similar one.
Google provides us with maps of how to get from point A to point B, makes it easy for us to find that
website without remembering its domain name, and allows us to find information about anything imaginable.
We use it all the time and have difficulty picturing life without it.
I'm reminded of the
Simpsons episode where Lisa gets
a warning for failing gym and gets chewed out, whereas Bart's huge stack of warnings result in Homer's
line: "I'm so proud you didn't try to forge my name. How about a present, son?". We expect more from
Google just as we expect more from our straight-As student. Objectively, it's not fair. But what it
says about Google is that we genuinely think of it as more than just another evil money-grabbing company:
we expected a certain standard of ethics from it that we don't expect from any of the other tech
giants.
So what now? There are two answers to that question: the first is "what can we do?" and the second is
"what can Google do?"
The first step has already been taken: there's been enough outcry at Google's decision that the
underlying issues are now being publicly discussed. Although protests are useful at raising the profile
of this issue, switching to another (also censoring in China) search engine isn't; this issue goes beyond
just Google. The second thing that can be done is that credit can be given where credit is due. If the
steps that Google takes to try to improve the situation (for example, their transparency and protection
of private data) are praised, then this can put pressure on other companies to try to meet this
standard.
Additionally, pressure can be put on governments to get involved in these issues. In the US at least,
Congress has been supporting a policy of engagement with China for decades, ignoring demands to penalize
China until it improves its human rights record. There are also companies, many US based, who are doing
far more damage in terms of internet censorship than Google is, for example any company that sells
censorware to a country that is known for its internet censorship practices. Focussed political pressure
could result in domestic legislation that prohibits the sale of filtering software to censoring
regimes.
Lastly, we should be prepared to focus on all countries and not just China. China receives a lot of
attention because of the current political climate and because its filtering is the most comprehensive,
but internet censorship occurs all over the world and there are issues that go beyond this one
country.
There are also a number of actions which Google can do in order to mitigate the situation. Google can
make its filtering processes even more transparent: who decides which topics should be blocked, and how
is it determined which sites belong to these topics? Additionally, Google should provide a transparent
mechanism for users to request that misclassified content be unblocked.
Google should also review their decision on a regular basis. They
state that if they're
unable to achieve their objectives, they will not hesitate to reconsider their approach to China. I
believe that it's extremely important that they follow through with this: their current position in China
should be representative of what they feel is the best that they can do at any the given time. It
should be a fluid position, improving as efforts are made (by them
and us) to improve the
situation.
Internet censorship is becoming increasingly common, and until active efforts are made to denounce this
practice, we're likely to see more and more companies becoming complicit in this market. The situation
has grown so bad that even Google felt that this was the lesser of two evils.
Despite everything, I haven't lost my faith in Google. I really and truly believe that if a more
favourable option was presented to them, that they would take it. The hard part is going to be making
that change happen. Google can help but they're not going to be able to solve this problem
alone.
They're going to need our help.