Online Briefing Book: Internet Freedom of Expression in China and Other Anti-Democratic Countries

An important issue facing the Internet today concerns the responsibilities of U.S. Internet and computer companies doing business in China, in terms of their cooperation with Chinese government demands to censor content, turn over information identifying users, or otherwise control the online environment. China is, of course, only the most recently visible manifestation of a broader dilemma: how to bring the power of the Internet to undemocratic nations, complying with local law but expanding human rights. On this page, we collect resources on this question.

Overviews

• Promotion And Protection Of Human Rights [pdf]: Interim report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, February 22, 2006
• Commentaries on Ruggie report are available through the Business and Human Rights Resource Centre
• Business for Social Responsibility Commentary on Ruggie report (pdf)
• HRIC, "Monitoring Respect for Human Rights around the World: A Review of the Country Reports on Human Rights Practices for 2005," [pdf] Testimony before the Subcommittee on Africa, Global Human Rights and International Operations of the House Committee on International Relations, March 16, 2006.
• Human Rights Watch Global Issues: Free Expression and the Internet webpage
• Reporters without Borders Living Dangerously on the Net: Censorship and Surveillance of Internet Forums (2003)
• Amnesty International, Business and Human Rights

US Government Statements

• Testimony before Congressional Human Rights Caucus, Human Rights and the Internet- The People’s Republic of China (Feb 1, 2006)
  • Opening Statement of Congressman Tom Lantos, Congressional Human Rights Caucus
  • Opening Statement of Representative Tim Ryan, Congressional Human Rights Caucus
  • Statement of Carolyn Bartholomew, Acting Chairman of the U.S.-China Economic and Security Review Commission
• Testimony before Subcommittee on Global Human Rights, Africa and International Operations, The Internet in China- A Tool of Freedom or Suppression? (Feb 15, 2006)
  • James Keith [pdf], State Department
  • Amb. David Gross [pdf], State Department

NGO Statements

• CDT Comments on proposed Internet Freedom Legislation [PDF] July 12, 2006
• HRIC, letter to President Bush regarding visit by Chinese President Hu Jintao (April 12, 2006)
• HRIC, Case list [pdf] (April 12, 2006)
• HRIC Incorporating Responsibility 2008 Campaign Web site
• CDT statement before the House Committee on International Relations Joint Subcommittee Hearing [pdf] February 15, 2006
• Testimony before Congressional Human Rights Caucus, Human Rights and the Internet- The People’s Republic of China (Feb 1, 2006)
  • Testimony of Nart Villeneuve, Director of Technical Research, Citizen Lab, Munk Centre for International Studies, University of Toronto
  • Testimony of Tom Malinowski, Washington Advocacy Director Human Rights Watch
  • Testimony of Lucie Morillon, Washington Director Reporters Without Borders
  • Testimony of T. Kumar, Advocacy Director for Asia & Pacific Amnesty International USA
  • Testimony of John Palfrey, Clinical Professor of Law and Executive Director of the Berkman Center for Internet and Society, Harvard Law School (PDF)
• Testimony before Subcommittee on Global Human Rights, Africa and International Operations, The Internet in China- A Tool of Freedom or Suppression? (Feb 15, 2006)
  • Libby Liu, Radio Free Asia
  • Lucie Morrillon, Reporters without Borders
  • Harry Wu, China Information Center
  • Sharon Hom, Human Rights in China

Corporate Statements

• Testimony before Congressional Human Rights Caucus, Human Rights and the Internet- The People’s Republic of China (Feb 1, 2006)
  • Andrew McLaughlin, Senior Policy Council at Google
  • Microsoft and Yahoo!
• Testimony before Subcommittee on Global Human Rights, Africa and International Operations, The Internet in China- A Tool of Freedom or Suppression? (Feb 15, 2006)
  • Michael Callahan, Yahoo!
  • Jack Krumholtz, Microsoft
  • Elliot Schrage, Google
  • Mark Chandler, Cisco

Business Codes and Principles

• Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights UN Sub-Commission on the Promotion and Protection of Human Rights" (Aug 2003)
• International Labor Organization Index of Ratifications of Fundamental Human Rights Conventions by Country
• International Peace Academy and Fafo "Business and International Crimes- Assessing the Liability of Business Entities for Grave Violations of International Law" (2004)
• Business and Human Rights Resource Centre Texts of Selected Business & Human Rights Standards: Includes: ILO Guidelines, OECD Principles, Millennium Development Goals, UN Global Compact
• Business for Social Responsibility Issue Brief: Overview of Business and Human Rights
• EFF, A Code of Conduct for Internet Companies in Authoritarian Regimes
• Human Rights First International Norms on Transnational Business
• Human Rights Watch Corporate Accountability: A Human Rights Watch Position Paper (2005)
• UN Office of the High Commission on Human Rights Business and Human Rights: A Progress Report (2000)

Analysis of China's Practices and Laws

• Empirical Analysis of Internet Filtering in China, by Jonathan Zittrain and Benjamin Edelman, Berkman Center for Internet & Society, Harvard Law School
• OpenNet Initiative, Internet Filtering in China in 2004-2005: A Country Study, April 14, 2005.
• Chinese spam regulations, 2006
• HRIC, "Human Rights and SPAM: A China Case Study," in Spam 2005: Technology, Law, and Policy, Center for Democracy & Technology, March 2005, p.63 -- Addressing spam e-mail via technology and legislation raises key issues of balancing protection of users from unwanted commercial email while protecting their freedom of expression and access to information. These can be seen in the case of China. With many ICT companies bidding on projects for the 2008 Beijing Olympics and eager to participate in the China boom, HRIC recommends developing "best" business practices, targeted towards different types of IT companies and at multiple levels, integrating an international human rights framework into the development and implementation of anti-spam technology and legislation, and ICT infrastructure at large.
• HRIC, "Logging on in China's Internet Cafes," China Rights Forum, No. 3 (2005), p.102 - More than 25 percent of China's online population depends on Internet cafes for access. This field survey describes the availability and locations of cafés surveyed; software and hardware installed, including censorship and surveillance software and practices; and user demographics and ambiance inside the cafés. [HTML version of Logging on in China's Internet Cafes] [PDF version of Logging on in China's Internet Cafes]
• Sharon Hom, Amy Tai, and Gabriel Nichols. "The Rise of the Internet and Advancing Human Rights," China Rights Forum, No. 3 (2004), p.37 [HTML version of The Rise of the Internet and Advancing Human Rights] [PDF version of The Rise of the Internet and Advancing Human Rights
• Rights and Democracy, China's Golden Shield: Corporations and the Development of Surveillance Technology in the People's Republic of China, 2001
• World Business Council For Sustainable Development China: "Brands in China- First-mover advantage awaits" by Steven Schwankert
• Xiao Qiang, China Internet Project, UC Berkeley, Testimony, Subcommittee on Global Human Rights, Africa and International Operations, The Internet in China- A Tool of Freedom or Suppression? (Feb 15, 2006)
• Amnesty International People's Republic of China, State Control of the Internet in China
• China Digital Times Website, a project of the China Internet Project, UC Berkeley
• Reporters Without Borders (Reporters Sans Frontieres) China Status Report, May 2004
• Reporters Without Borders (Reporters Sans Frontieres) Imprisoned Journalist Confirms Yahoo! Involvement (2006)
• Shanthi Kalathil, "Chinese Media and the Information Revolution" Originally printed in the Harvard Asia Quarterly, Winter 2002
• Shanthi Kalathil, with Taylor Boas, "Internet and State Control in Authoritarian Regimes: China, Cuba, and the Counterrevolution" Carnegie Paper No 21, July 2001
• Shanthi Kalathil, with William J. Drake and Taylor Boas, "Dictatorships in the Digital Age: Some Considerations on the Internet in China and Cuba" Originally printed in iMP: The Magazine on Information Impacts, October 2000