January 21, 2010 3:03 PM PST

U.S. puts companies on notice in China

by Tom Krazit
News.com

http://news.cnet.com/8301-30684_3-10439049-265.html?tag=newsLeadStoriesArea.1


WASHINGTON--U.S. Internet companies might soon need to find a new 
strategy for dealing with China.

In announcing that it is now U.S. policy to advocate a free and open 
Internet around the world, Secretary of State Hillary Rodham Clinton on 
Thursday essentially dared U.S. companies to follow Google's lead and 
put an end to their complicit censorship of Internet content. Google has 
said it will shut down its Chinese search engine if it can't find a way 
to offer an uncensored version under Chinese law, and while no one else 
has jumped on that bandwagon, they may soon have little choice.

"...We are urging U.S. media companies to take a proactive role in 
challenging foreign governments' demands for censorship and 
surveillance. The private sector has a shared responsibility to help 
safeguard free expression. And when their business dealings threaten to 
undermine this freedom, they need to consider what's right, not simply 
what's a quick profit," Clinton said in remarks Thursday at the Newseum, 
before an audience including members of Congress, representatives from 
nonprofit groups, and perhaps more than one Internet company executive 
forced to ponder the meaning of that paragraph.

Clinton stopped short of actually proposing regulations or sanctions on 
Internet companies that comply with censorship laws. But her tone was 
clear: it's now the policy of the U.S. government to renounce corporate 
"engagement," or the belief that by merely being in countries like 
China, U.S. Internet companies are helping expand access to information.

Will it work? Google, Microsoft, and Yahoo have already formed the 
Global Network Initiative, a consortium of companies and organizations 
designed to provide guidelines for operating in countries with 
authoritarian governments without turning into tools of those 
governments. Clinton acknowledged the work of the GNI during her speech, 
but is calling on companies to do more.

Microsoft declined to directly address its plans for China in a 
statement, but thanked Clinton for recognizing the GNI. "We welcome 
Secretary Clinton's remarks and applaud the heightened attention she has 
brought to these issues of privacy and freedom of expression. We agree 
with Secretary Clinton that both governments and the private sector have 
important roles to play," the company said. Last week, Microsoft CEO 
Steve Ballmer said that the company remained committed to China despite 
Google's announcement.

Google, which was recognized during Clinton's speech for "making the 
issue of Internet and information freedom a greater consideration in 
(its) business decisions," said it welcomed the challenge. "Free 
expression and security are important issues for governments everywhere, 
and at Google we are obviously great believers in the value to society 
of unfettered access to information. We're excited about continuing our 
work with governments, human rights organizations, and bloggers, to 
promote free expression and increased access to information in the years 
ahead," it said in a statement.

Yahoo did not respond to a request for comment.

Rebecca MacKinnon, a fellow at the Open Society Institute and member of 
the Global Network Initiative, compared Clinton's push to similar 
standards companies have been forced to adopt over the ages when 
operating outside of U.S. laws, such as avoiding the use of child labor 
in other countries.

Voluntarily adhering to those standards, however, will require 
corporations to do something corporations tend to dislike: decrease 
revenue, increase costs, and reduce profits.

"Companies are beginning to look at the long-term interest in an open 
Internet and understanding there are some short-term costs to 
functioning that way," said Sally Wentworth, regional director for North 
American at the Internet Society, a nonprofit that focuses on global 
Internet standards and education.

China, already with the most Internet users in the world despite having 
only 25 percent of its population online, is a huge source of future 
growth for Internet companies. U.S. companies have invested billions in 
China, not only in well-known areas like manufacturing and software 
development, but in hopes of courting that enormous future audience that 
will eventually be searching, watching videos, and consuming news--of 
some type--on the Internet.

But with Clinton's remarks, U.S. companies are in an even more difficult 
place than they were when Google made its announcement last week. Will 
they have a harder time getting government contracts if they do business 
with the Chinese government? Will there be additional taxes, or even 
eventually fines for following censorship laws in other countries?

After all, U.S. companies can't go breaking laws they don't like around 
the world, but they can refuse to subject themselves to those laws if 
they can be convinced that it will eventually be worth their while.

"Their business depends upon trust," MacKinnon said, referencing Google, 
Yahoo, Microsoft, and other Internet companies. Yahoo is still smarting 
in China from its decision to hand over information regarding a Chinese 
dissident to the government in 2005, and U.S. Internet companies could 
make a brand for themselves in China if they stand up to the government: 
the Great Firewall can't get everything.

Still, there's a sense that some tech companies would rather the U.S. 
force some sort of move from China on Internet censorship, instead of 
having to decided for themselves which countries are open for business 
and which aren't.

"We look to the U.S. government to address laws and practices in other 
countries that either facilitate censorship, oppression or a fractured 
Internet, or are unhelpful to International cooperation in cybersecurity 
and law enforcement," said TechAmerica, a tech industry trade group, in 
a statement. "Except in cases involving outright sanctions asserted by 
the U.S. government, American values also require the freedom of 
enterprise: Each company must decide where to do business on behalf of 
its customers, employees, and investors."

This policy will take some time to evolve, as Clinton and other speakers 
Thursday noted that this effort is merely the beginning of a long road 
toward promoting an open Internet around the world.

Still, she knows that while the moral pitch is easy, the business end 
will be harder.

"American companies need to make a principled stand," Clinton said. 
"This needs to be part of our national brand. I'm confident that 
consumers worldwide will reward companies that follow those principles."

-- 
================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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