Difference between revisions of "Online Liberty and Freedom of Expression"

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==Overview: The Four Phases of Internet Regulation==
 
  
"Over the past few decades, the world wide web has gone from an 'open net,' characterized primarily by the freedoms it afforded, to a hotly contested environment, characterized by the political battles that rage upon it. What was once known as 'cyberspace' is now an environment in which debates fly, activism flourishes and fails, and political and military contests play out between states." (John Palfrey, "Four Phases of Internet Regulation")
+
==Overview==
 +
'''Tuesday, 2:00-3:30pm'''<br/>
 +
''Format'': Lecture, featuring guest respondents<br/>
 +
''Lead'': [http://cyber.law.harvard.edu/people/jpalfrey John Palfrey]<br/>
 +
''Potential Participants'': [http://cyber.law.harvard.edu/people/betling Bruce Etling], [http://cyber.law.harvard.edu/people/rfaris Rob Faris], [http://cyber.law.harvard.edu/people/ezuckerman Ethan Zuckerman], and others
  
Since its inception, the Internet has gone through four distinct periods of regulation, each of which we will cover in more depth during our live meeting.
+
Led by John Palfrey, this session will focus on online liberty and freedom of express and expand on some of the core themes introduced in the preceding sessions by providing an overview of the different phases of content regulation on the Internet. It will engage the audience with questions regarding the ways in which different political contexts shape different methods of and motivations for government control, and how various approaches in different countries inform each other. Respondents will be invited to reflect on key issues, including different forms of government controls and online speech regulation: China (a mix of “traditional” technical filtering with legal and informal regulatory mechanisms); the Arab Spring (just-in-time filtering combined with the arrest and intimidation of bloggers and digital activists); Russia (mostly non-technical, second and third generation controls rather than technical filtering); and US/Western Europe (mostly focused on child pornography and the illegal spread of copyrighted content). They will also grapple with hard questions related the role of intermediaries in response to government requests for user information, content removal or account deactivation and the implications of the current phase of control for free expression and privacy worldwide.
  
===Phase 1: The Open Internet: 1960s-2000===
+
==Required Readings==
 
 
In the beginning of the internet, few people thought that it was possible to regulate the internet.  "Cyberspace" was considered to be a space apart from the real world; one that was to a large extent exempt from its laws. 
 
 
 
Some aspects of the "Open Internet" still characterize the net to this day.  It is still seen as a space of free expression, or as a tool for transparency for governments; it serves as a force for democratization and collective action; and, in countries like Egypt where the media is heavily controlled, the internet remains a forum for open discussion.
 
 
 
However, these initial arguments that cyberspace existed in a world apart and would continue to be distinct from the real world were flawed.
 
 
 
===Phase 2: Access Denied: 2000 to 2005===
 
 
 
In the new millennium, governments began to believe that some internet activity needed to be blocked.  During this phase, geopolitical lines became established on the internet, and filtering began to occur at the national level, with countries employing both technological and 'soft controls' to censor.
 
 
 
Some filtration was more positively censorial, as in the case of democratic countries that blocked child pornography.  While technically skilled citizens could dodge these filters, the majority of citizens were unable, thus leading to relatively effective filtering.
 
 
 
===Phase 3: Access Controlled: 2005 to 2010===
 
 
 
In the Access Controlled phase, the first generation filters and blocks became supplemented by more flexible controls at diverse points.  These new technologies were more nuanced and adaptive than the original blocks, and they enabled governments to selectively block parts of cyberspace at convenient, politically charged moments.
 
 
 
The Access Controlled phase of Internet filtration acknowledges a world of interconnected online and offline lives, breaking down the original myth of separation.
 
 
 
===Phase 4: Access Contested: 2010 and Beyond===
 
 
 
As cyberspace is perceived less as a space apart and more as an intrinsic part of our lives, citizens become more resistant to the limitations exacted by private and governmental filtration and censorship.
 
 
 
Groups like the Global Network Initiative and politically active citizens like protestors in Pakistan will continue to be active in fighting back against internet controls and defining the governance of cyberspace.
 
 
 
==Recommended Readings==
 
  
 
===Filtering===
 
===Filtering===
 
*John Palfrey, [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1658191 "Four Phases of Internet Regulation"] ''Social Research'', Vol. 77, No. 3, Fall 2010.
 
*John Palfrey, [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1658191 "Four Phases of Internet Regulation"] ''Social Research'', Vol. 77, No. 3, Fall 2010.
 +
**[[Summary of Four Phases]]
 
*Jonathan Zittrain & John Palfrey, [[Media:Deibert_03_Ch02_029-056.pdf| "Internet Filtering: The Politics and Mechanisms of Control,"]] ''Access Denied: The Practice and Policy of Global Internet Filtering'', (Cambridge: MIT Press) 2008.
 
*Jonathan Zittrain & John Palfrey, [[Media:Deibert_03_Ch02_029-056.pdf| "Internet Filtering: The Politics and Mechanisms of Control,"]] ''Access Denied: The Practice and Policy of Global Internet Filtering'', (Cambridge: MIT Press) 2008.
  
 
===Arab Spring===
 
===Arab Spring===
*[http://opennet.net/mena-net-watch MENA Net Watch]
+
* [http://opennet.net/mena-net-watch MENA Net Watch]
 
* Masashi Crete-Nishihata and Jillian York, [http://opennet.net/blog/2011/01/egypt%E2%80%99s-internet-blackout-extreme-example-just-time-blocking “Egypt’s Internet Blackout: Extreme Example of Just-in-Time Blocking,”] ONI Blog, January 28, 2011.
 
* Masashi Crete-Nishihata and Jillian York, [http://opennet.net/blog/2011/01/egypt%E2%80%99s-internet-blackout-extreme-example-just-time-blocking “Egypt’s Internet Blackout: Extreme Example of Just-in-Time Blocking,”] ONI Blog, January 28, 2011.
 +
* "[http://www.dsg.ae/portals/0/ASMR2.pdf Civil Movements: The Impact of Facebook and Twitter], Arab Social Media Report, May 2011.
 +
* ''[[Exploring the Arab Spring|Also recommended: Exploring the Arab Spring]]''
 +
 +
===Digital Tools===
 +
* John Palfrey, Bruce Etling, Robert Faris, and John Gorham, [http://dash.harvard.edu/bitstream/handle/1/4609956/SAIS%20online%20organizing%20paper%20final.pdf "Political Change in the Digital Age: The Fragility and Promise of Online Organizing,"], 2010.
 +
* Yochai Benker, [http://www.benkler.org/Benkler_Wealth_Of_Networks_Chapter_1.pdf "Chapter 1: Introduction: A Moment of Opportunity and Challenge,"] in ''Wealth of Networks: How Social production Transforms Markets and Freedom'' (New Haven: Yale University Press, 2006). '''Update: read all Chapter 1'''.
 +
* Yochai Benkler, [http://www.benkler.org/Benkler_Wealth_Of_Networks_Chapter_7.pdf "Chapter 7: Political Freedom Part 2: Emergence of the Networked Public Sphere,"] in ''The Wealth of Networks: How Social Production Transforms Markets and Freedom'' (New Haven: Yale University Press, 2006). '''Update: read first 22 pages of Chapter 7'''.
  
==Background Readings==
+
==Recommended Readings==
  
 
===Filtering===
 
===Filtering===
 
*[http://opennet.net/blog The OpenNet Initiative's Blog]
 
*[http://opennet.net/blog The OpenNet Initiative's Blog]
*[http://opennet.net/research/profiles/russia ONI's Russia Profile]
 
 
*[http://opennet.net/research/profiles/china ONI's China Profile]
 
*[http://opennet.net/research/profiles/china ONI's China Profile]
 
*[http://opennet.net/mena-net-watch ONI's Middle East and North Africa Profiles and News]
 
*[http://opennet.net/mena-net-watch ONI's Middle East and North Africa Profiles and News]
 +
*[http://opennet.net/research/profiles/russia ONI's Russia Profile]
 
*[http://opennet.net/research/regions/namerica ONI's United States and Canada Profile]
 
*[http://opennet.net/research/regions/namerica ONI's United States and Canada Profile]
 
*[http://opennet.net/research/regions/europe ONI's Europe Profile]
 
*[http://opennet.net/research/regions/europe ONI's Europe Profile]
 +
 +
===Arab Spring===
 +
*James Cowie, [http://www.renesys.com/blog/2011/01/egypt-leaves-the-internet.shtml “Egypt Leaves the Internet,”] Renesys, January 27, 2011.
  
 
===Second- and Third-Generation Controls===
 
===Second- and Third-Generation Controls===
 
*Ron Deibert and Rafal Rohozinski, [[Media:chapter-1.pdf|“Beyond Denial: Introducing Next Generation Information Access Controls,”]] ''Access Controlled: The Shaping of Power, Rights, and Rule in Cyberspace'', (Cambridge: MIT Press) 2010.
 
*Ron Deibert and Rafal Rohozinski, [[Media:chapter-1.pdf|“Beyond Denial: Introducing Next Generation Information Access Controls,”]] ''Access Controlled: The Shaping of Power, Rights, and Rule in Cyberspace'', (Cambridge: MIT Press) 2010.
 
===Arab Spring===
 
*James Cowie, [http://www.renesys.com/blog/2011/01/egypt-leaves-the-internet.shtml “Egypt Leaves the Internet,”] Renesys, January 27, 2011.
 
  
 
===Russia Project===
 
===Russia Project===
 
*Bruce Etling, et al., [[Media:Public_Discourse_in_the_Russian_Blogosphere_2010.pdf|“Public Discourse in the Russian Blogosphere: Mapping RuNet Politics and Mobilization,”]] October 18, 2010.
 
*Bruce Etling, et al., [[Media:Public_Discourse_in_the_Russian_Blogosphere_2010.pdf|“Public Discourse in the Russian Blogosphere: Mapping RuNet Politics and Mobilization,”]] October 18, 2010.
  
==Navigation==
+
==Related Cases==
 +
*[[GNI/Role of Intermediaries]]
 +
 
 +
==Student Reflections on this Session==
 +
 
 +
''By Clare Selden''
 +
 
 +
In this session, Professor Palfrey presented an overview of the use of technology in limiting access to controversial content during the four phases of development of the Internet. During the “Open Internet” period, the internet was viewed as a separate sphere, which some scholars viewed as being impervious to government regulation (although this was quickly shown not to be the case). The creation of the net enabled greater individual autonomy as well as informal network formation among like-minded individuals, and facilitated collective action. Diverse cultures could also be united by the common language of the virtual space; for example, [http://globalvoicesonline.org/ Global Voices] connects diverse communities who wouldn’t otherwise be communicating by translating postings into many languages and facilitating discussion across borders.
 +
 
 +
In the [http://opennet.net/accessdenied “Access Denied”] phase, states began to think of activities and expression on the Internet as threats needing to be blocked or managed in various ways, and governments began to employ various filtering and blocking mechanisms in order to regulate online speech and conduct. These methods include DNS filtering, internet provider filtering, and blocking specific URLs, all of which prevent information from reaching the recipient who requests it. The OpenNet Initiative monitors the degree to which more than 70 states restrict access to controversial sites at the national level, using a consistent “global basket” of test sites as an index.  Some governments, including those of Cuba and North Korea, have gone as far as blocking internet access entirely in order to prevent their citizens from accessing controversial information.
 +
 
 +
In the [http://opennet.net/access-controlled “Access Controlled”] phase, effective blocking and [http://opennet.net/about-filtering filtering] became more difficult, and alternative methods of controlling the communication of controversial ideas have became more prevalent. These methods include licensing restrictions, mandatory identification of internet users at access points (Turkey), and direct threats of arrest or bodily harm by government officials. Although [http://www.palermo.edu/cele/english/staff.html Eduardo Bertoni] pointed out that use of government intimidation to chill free speech is not new, our discussion of the recent intimidation of bloggers in China and various Arab nations (as tracked on [http://threatened.globalvoicesonline.org/ Threatened Voices]) highlights the tragic efficacy of this alternate approach to the effective suppression of ideas, and illustrates a shift from viewer-targeted methods of internet control to producer-targeted methods.
 +
 +
As we enter the [http://mitpress.mit.edu/catalog/item/default.asp?ttype=2&tid=12683 “Access Contested”] phase, debate surrounding the right of governments to maintain technological control over their citizens’ access to information remains at the forefront of the discussion, as does the possibility of using internet technology to empower and increase democratic action around the world. Questions raised by this discussion include:
 +
 
 +
# Palfrey points out that “technical filtering is problematic both for censors, who must choose either overbroad or under-inclusive filtering, and citizens, who face challenges to creativity and innovation and a reduction of free expression and privacy.” How should this balance be struck, and what makes that option better than the alternatives? If a filtering regime cannot be implemented in an accurate manner, should it be undertaken at all?
 +
# [http://www.ethanzuckerman.com/blog/ Ethan Zuckerman] explains that [http://globalvoicesonline.org/ Global Voices] has attempted to address the problem of selective global attention by providing an outlet for news stories from underrepresented countries. However, Zuckerman states that they have not been as effective in setting the agenda in such a way that these stories receive widespread readership. Is this sort of “agenda setting” desirable, or does deliberately emphasizing stories that are underrepresented in mainstream media merely exacerbate the problem of the media telling individuals what stories they should care about? How can we determine whether the right amount of audience attention has been achieved?
 +
# If we accept the premise that some government regulation of the content of the internet is necessary (for example, to prevent distribution of child pornography), to what extent should a country’s legal and regulatory restrictions track those that govern similar prohibited offline conduct? Does the global reach of the internet call for stricter regulatory standards than more traditional modes of communication in order to protect the larger population that will be exposed to the information, or do the challenges of enforcing national regulations in the context of a border-transcending medium like the internet imply that governments should only attempt to enforce minimally restrictive requirements?
 +
 
 
[[Category:Pillars of iLaw]]
 
[[Category:Pillars of iLaw]]

Latest revision as of 20:38, 7 September 2011

<span style="color:#000000;">iLaw Wiki Navigation</span>
Pillar Themes of iLaw
Open Systems/Access · Online Liberty and FOE
The Changing Internet: Cybersecurity · Intellectual Property
Digital Humanities · Cooperation · Privacy
Cross-sectional Themes of iLaw
The History of the Internet
The Global Internet · Interoperability
The Study of the Internet: New Methods for New Technologies
The Future of the Internet
Case Studies
Digital Libraries, Archives, and Rights Registries
Exploring the Arab Spring · Minds for Sale
User Innovation · Mutual Aid
Misc
Program Schedule · Program Logistics
Evening Events · Student Projects · Participation
Old iLaw Videos · Mid-Point Check-in

Overview

Tuesday, 2:00-3:30pm
Format: Lecture, featuring guest respondents
Lead: John Palfrey
Potential Participants: Bruce Etling, Rob Faris, Ethan Zuckerman, and others

Led by John Palfrey, this session will focus on online liberty and freedom of express and expand on some of the core themes introduced in the preceding sessions by providing an overview of the different phases of content regulation on the Internet. It will engage the audience with questions regarding the ways in which different political contexts shape different methods of and motivations for government control, and how various approaches in different countries inform each other. Respondents will be invited to reflect on key issues, including different forms of government controls and online speech regulation: China (a mix of “traditional” technical filtering with legal and informal regulatory mechanisms); the Arab Spring (just-in-time filtering combined with the arrest and intimidation of bloggers and digital activists); Russia (mostly non-technical, second and third generation controls rather than technical filtering); and US/Western Europe (mostly focused on child pornography and the illegal spread of copyrighted content). They will also grapple with hard questions related the role of intermediaries in response to government requests for user information, content removal or account deactivation and the implications of the current phase of control for free expression and privacy worldwide.

Required Readings

Filtering

Arab Spring

Digital Tools

Recommended Readings

Filtering

Arab Spring

Second- and Third-Generation Controls

Russia Project

Related Cases

Student Reflections on this Session

By Clare Selden

In this session, Professor Palfrey presented an overview of the use of technology in limiting access to controversial content during the four phases of development of the Internet. During the “Open Internet” period, the internet was viewed as a separate sphere, which some scholars viewed as being impervious to government regulation (although this was quickly shown not to be the case). The creation of the net enabled greater individual autonomy as well as informal network formation among like-minded individuals, and facilitated collective action. Diverse cultures could also be united by the common language of the virtual space; for example, Global Voices connects diverse communities who wouldn’t otherwise be communicating by translating postings into many languages and facilitating discussion across borders.

In the “Access Denied” phase, states began to think of activities and expression on the Internet as threats needing to be blocked or managed in various ways, and governments began to employ various filtering and blocking mechanisms in order to regulate online speech and conduct. These methods include DNS filtering, internet provider filtering, and blocking specific URLs, all of which prevent information from reaching the recipient who requests it. The OpenNet Initiative monitors the degree to which more than 70 states restrict access to controversial sites at the national level, using a consistent “global basket” of test sites as an index. Some governments, including those of Cuba and North Korea, have gone as far as blocking internet access entirely in order to prevent their citizens from accessing controversial information.

In the “Access Controlled” phase, effective blocking and filtering became more difficult, and alternative methods of controlling the communication of controversial ideas have became more prevalent. These methods include licensing restrictions, mandatory identification of internet users at access points (Turkey), and direct threats of arrest or bodily harm by government officials. Although Eduardo Bertoni pointed out that use of government intimidation to chill free speech is not new, our discussion of the recent intimidation of bloggers in China and various Arab nations (as tracked on Threatened Voices) highlights the tragic efficacy of this alternate approach to the effective suppression of ideas, and illustrates a shift from viewer-targeted methods of internet control to producer-targeted methods.

As we enter the “Access Contested” phase, debate surrounding the right of governments to maintain technological control over their citizens’ access to information remains at the forefront of the discussion, as does the possibility of using internet technology to empower and increase democratic action around the world. Questions raised by this discussion include:

  1. Palfrey points out that “technical filtering is problematic both for censors, who must choose either overbroad or under-inclusive filtering, and citizens, who face challenges to creativity and innovation and a reduction of free expression and privacy.” How should this balance be struck, and what makes that option better than the alternatives? If a filtering regime cannot be implemented in an accurate manner, should it be undertaken at all?
  2. Ethan Zuckerman explains that Global Voices has attempted to address the problem of selective global attention by providing an outlet for news stories from underrepresented countries. However, Zuckerman states that they have not been as effective in setting the agenda in such a way that these stories receive widespread readership. Is this sort of “agenda setting” desirable, or does deliberately emphasizing stories that are underrepresented in mainstream media merely exacerbate the problem of the media telling individuals what stories they should care about? How can we determine whether the right amount of audience attention has been achieved?
  3. If we accept the premise that some government regulation of the content of the internet is necessary (for example, to prevent distribution of child pornography), to what extent should a country’s legal and regulatory restrictions track those that govern similar prohibited offline conduct? Does the global reach of the internet call for stricter regulatory standards than more traditional modes of communication in order to protect the larger population that will be exposed to the information, or do the challenges of enforcing national regulations in the context of a border-transcending medium like the internet imply that governments should only attempt to enforce minimally restrictive requirements?