Flickr Creative Commons | DW212

by Bonnie Boglioli-Randall | Examiner.com | March 3, 2010

Yesterday, the U.S. Senate Judiciary Committee Subcommittee on Human Rights and the Law convened for part II of its “Global Internet Freedom and Rule of Law” hearing. Among those testifying was Google’s Vice President and Deputy General Counsel, Nicole Wong. More conspicuously absent, however, were the many Silicon Valley tech companies that rejected offers to participate in the hearing.

On the heels of the latest internet privacy and human rights issues including Google in China and internet censorship, Senator Richard (Dick) Durbin (D- IL) chaired the meeting to discuss the role of the Global Network Initiative in human rights.  The Global Network Initiative , founded in 2008, seeks to collaborate with ICT companies, human rights organizations, academics and others to promote the freedoms of expression and privacy online. Google, Microsoft and Yahoo! are currently the only major participants in the initiative- a subject which the hearing sought to address.

“I’m disappointed that a year and a half after the GNI started and no new companies have joined,” Sen. Durbin candidly told the committee. “Many companies told me that the GNI is not relevant to their companies’ business. The last two years have demonstrated that is simply not true.”

The start of 2010 has seen numerous internet issues come to light, including the recent case in Italy that convicted four Google executives for a video posted by a user on Youtube (and later taken offline). That case, along with the recent cyber attacks emanating out of China, has many wondering what the broader implications will be for Internet companies and privacy rights.

Wong told the Subcommittee that the number of governments engaging in censorship has risen to 40, citing targeted surveillance and malware as just a few tactics most often utilized. More than 25 governments have blocked Google services, including the blockage of Youtube in countries such as Turkey, Brazil, Indonesia, Morocco and others. “This growing problem was underscored by Secretary of State Hillary Clinton in her recent speech on Internet freedom,” Wong said. “It is imperative for governments, companies, and individuals to do more to ensure that the Internet continues to be a powerful medium for expressing political opinions, religious views and other core speech without restriction.”

Today, Google urged the Obama Administration to take China’s Internet censorship all the way to the WTO, with some suggesting a new Cold War era for the Internet while others are quick to point out the profound relevance of public diplomacy in the Internet Age. The need for common principles governing the Internet seems to be coming to a head, making some like Sen. Durbin question the lack of participation within the GNI.

“The explosive growth of social networking services like Twitter and Facebook has helped human rights activists organize and publicize human rights violations in Iran and other places in the world,” Sen. Durbin said in his lead address yesterday. “However, repressive governments can use these same tools to monitor and crack down on advocates.”

Singling out numerous Silicon Valley ICT companies unwilling to participate in congressional hearings and the GNI, Durbin named Twitter, Facebook, HP and Apple among others who declined his invitation to appear before the Senate subcommittee. “With a few notable exceptions, the technology industry seems unwilling to regulate itself and unwilling even to engage in a dialogue with Congress about the serious human rights challenges the industry faces,” Durbin said.

In a letter addressed to Senator Durbin in response to the invitation, Facebook’s Director of Public Policy Timothy Sparapani cited Facebook’s lack of involvement in China as its key factor for not involving itself in the Global Internet Freedom Hearing and contributed the following:

(At the same time), we recognize that social norms around information sharing, connection, openness, and privacy vary form country to country and culture to culture. As our business grows internationally, we work hard to offer tools and services that empower users while recognizing the importance of respecting local conditions, traditons and legal requirements… We are carefully watching the experience of similarly situated, but longer tenured companies, and trying to learn from their experience.

-       (Senator Durbin’s Website features this letter and others, dated February 19, 2010)

Ebay and others also noted their decline to participate (in letters addressed to Sen. Durbin on his website) based upon its lack of impact during the Chinese cyber attacks on Google and others earlier this year.

For its part in the Hearing, the Global Network Initiative stated that a “shared, public, credible committment by all companies is essential to protecting the rights of freedom of expression and privacy.” Its delivered statement also read, “We invite all ICT companies to participate in the GNI and draw upon the guidance and insights provided by the GNI’s principles and guidelines in creating a responsible approach to business decisions.”

To ensure American companies are not complicit in violating human rights, Sen. Durbin announced at the hearing that he will introduce legislation to require Internet companies to protect human rights or possibly face civil and criminal consequences.

The complete audio file for Senator Durbin’s remarks and the hearing are available on his U.S. Senate website.