Internet Content Regulation in 2010

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Internet Content Regulation in 2010

  1. 1. Internet Content Regulation: What it means in 2010 Illustration by John Ritter, The Atlantic Monthly Wendy Qi Digital Markets Course -Professor Suzanne Scotchmer © 2010 - Free use with attribution
  2. 2. Defining Internet Content Regulation “Internet content regulation” will be defined as any sort of widespread content restriction or monitoring as mandated, either explicitly or otherwise, by government or regulatory bodiesOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  3. 3. The Internet: From a Regulatory Perspective Iranian judiciary chief Introduction of Napster calls for establishment of Introduction and strike- Yahoo! IPOs for $33.8 and commercial digital special committee for down of the “Green million at $13 per share content management internet-related crimes Dam Youth Project” Australian Yahoo! signs Public Internet begins as a Commonwealth Pledge on Self- Finland makes plans to US project for Parliament passes Discipline for the France passes security become first 100% free ARPA/DARPA to link Internet censorship billChinese Internet bill known as LOPPSI2 cyber-”paradise” radar systems Industry (includes state sanctioned computer Dot-com bubble Trojans)1958 … 1995 1998 2000 2002 2004 2006 2008 2009 2010 Cyril Houri introduces geographical targeting Internet Introduction of first Google popularizes content technology popularized Web search engine French court issues browser, Netscape methodology Google threatens to landmark ruling ordering Google.cn launches withdraw from China Yahoo to pull Nazi auction in China following major pages from France Internet censorship laws cyber-attackintroduced in Victoria, Western Yahoo! enters Ayatollah Montarezi Iranian election AU and New Territory; US China market; publishes memoir online controversy introduces and retains 2.1 million criticizing ideological launches first Poland to Communication Decency Act internet users in foundations of the Islamic “Twitter- institute Internet (CDA) China in Jan. state (Dec. 2000) revolution” censorship bill 1999 Overview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  4. 4. Which countries regulate Internet content?According to RWB’s definition, ~60 countries experienced some sort of Webcensorship in 2009, up from 30 in 2008. Complete Substantial Moderate Control Partial Control Control Control • Brazil • Australia • Canada• Burma • China • Bahrein • Czech Republic(Myanmar) • Belarus • Egypt • France • Eritrea• Cuba • Germany • Iran • Malaysia • Indonesia• North Korea • Pakistan • Italy • Uzbekistan • Russia • Japan• Turkmenistan • Syria • Singapore … • South Korea • New Zealand • Tunisia • Sri Lanka • Pakistan • Thailand • Vietnam • Poland • Turkey • South Africa • United Arab Emirates • Spain • United Kingdom • United StatesOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  5. 5. Which countries regulateInternet content?Legend Reporters without Borders, August 2009Unknown No censorship Some censorship Under surveillance Heavy surveillanceOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  6. 6. Why regulate the Internet? Social Values Political Economic objectives incentivesOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  7. 7. How is the Internet regulated? Four Primary Modes - Lawrence Lessig Creates virtual marketplace of information; offline Offline social norms laws of supply and translate into online demand reflected scenarios Markets Norms online Law Architecture “West Coast Code”: “East Coast Code” Primarily technical Offline legal terms means of regulating apply to online data situationsOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  8. 8. How is the Internet regulated? Reducing/eliminating Language anonymity Self Socioeconomic class “Natural” censorship barriers (policy) IP blocks Routers Technical Hired human (architecture) Manual filters Corporate Hardware blocks (e.g., Volunteer (law & change in WiFi codes) forces - stay- policy) at-home momeOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  9. 9. Where can the Internet beregulated technically?Internet State-directed implementation of national content filtering schemes and blocking technologies affecting Internet access across entirebackbone backbone -- often done at “international gateway”Internet service Government-mandated filtering is most commonly implemented by Internet Service Providers (ISPs) using methods such as searchproviders (ISPs) result removals, take-downs, or technical blocking.Institutions Filtering of institutional level networks using technical blocking and/or induced self-censorship occurs in companies, government organizations, schools and cybercafés.Individual Home or individual computer level filtering can be achieved through the installation of filtering software that restricts an individualcomputers computer’s ability to access certain sites.Overview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  10. 10. Where can the Internet beregulated technically? An example - Internet backboneSearch done on Google.cn “According to certain local laws, regulations, and policies, certain results of this search have been restricted.”Overview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  11. 11. Overview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  12. 12. Overview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  13. 13. Case Study | ChinaPopulation: ~1.34 billion (June 2009 est.)Users Online: 384 million (29% of totalpopulation) - over 90% have broadbandaccessLevel of online regulation: Very high Credit: Associated PressRegulation Filter Type Degree of use Examples“Natural” barriers Moderate Articles critical of Chinese government published only in English/French; publications allowed only for certain socioeconomic groupsTechnical High/Pervasive Sophisticated filters used to block potentially offensive sites be re-routing IP addresses; “Green Dam Youth Project”Manual High/Pervasive Human censors will regularly comb forums and blogs to eliminate any offensive materialCorporate High/Pervasive Chinese government request cooperation of corporations such as Yahoo and Google as part of doing business in ChinaSelf-censorship High/Pervasive - Uses selected, publicized arrests as a means Moderate of deterring potential offendersOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  14. 14. Case Study | ChinaPopulation: ~1.34 billion (June 2009 est.)Users Online: 384 million (29% of totalpopulation) - over 90% have broadbandaccessLevel of online regulation: Very high Credit: Associated Press WHY IT MATTERS • China has the largest and fastest growing Internet population in the World • Filtering is random and reasons not often transparent (e.g., sites like YouTube will be available one day and down the next) • There had once been the belief that Internet would kill the censorship practices of the CCP • Acting as an example for many other states (e.g., Iran) • Going forward, there is an acute awareness amongst Chinese leadership to improve “soft power” by way of global public relations “The question is no longer how the Internet will affect China. It is how China will affect the Internet.” - Professor Peter Yu, Drake University Law SchoolOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  15. 15. Case Study | IranPopulation: 66,429,284 (July 2009 est.)Users Online: 32,200,000 (48.5% of totalpopulation)Level of online regulation: Very high Credit: WikipediaFilter Type Degree of use Examples“Natural” barriers LowTechnical High/pervasive Increasing reliance on Iranian-developed ISPs that do not use Western technologies. Heavy surveillance continues to be widely practiced. All public Internet traffic is routed through proxy servers.Manual High/pervasive The Iranian Revolutionary Guard protects Internet content standards; blogs written as part of the Iranian parliamentarian voluntary force (comparable to China’s “fifty-cent” army)Corporate Moderate Incidents where companies that sell mobile infrastructure network must also share how to monitor content (ex: Nokia)Self-censorship High/pervasive Revolutionary Guard and arrests deter certain online behaviorsOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  16. 16. Case Study | IranPopulation: 66,429,284 (July 2009 est.)Users Online: 32,200,000 (48.5% of totalpopulation)Level of online regulation: Very high WHY IT MATTERS • Iran has one of the most regulated Internet censorship regimes despite being one of the Internet’s largest proponents (second country in the Middle East to go online, first was Israel) • History of using Internet as a political and social intermediary •First “Twitter” revolution - Twitter delayed updates to site during election • Significance of this is multi-fold: • Gave journalists access they were otherwise denied • Publicizied “Neda”Overview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  17. 17. Case Study | Iran Copyright © 2009 Creators SyndicateOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  18. 18. Case Study | FrancePopulation: 64,057,792 (July 2009 est.)Users Online: 43,100,134 (69.3% of totalpopulation)Level of online regulation: Low-Moderate Credit: WikipediaRegulation Filter Type Degree of use Examples“Natural” barriers N/ATechnical High/pervasive State-run computer trojans and requires ISPs to block certain sites on the government’s blacklistManual N/ACorporate N/ASelf-censorship High/pervasive Laws will allow for new database of citizen online activityOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  19. 19. Case Study | FrancePopulation: 64,057,792 (July 2009 est.)Users Online: 43,100,134 (69.3% of totalpopulation)Level of online regulation: Low-Moderate Credit: Wikipedia WHY IT MATTERS • One of the first countries involved in cyber-related regulation cases • One of the most regulated democratic governments in terms of online regulation • Current legislation goes against long-standing privacy initiatives • May be an example for other states in the region, particularly GermanyOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  20. 20. Policy• How should governments regulate social content? Is onlinetruly an extension of offline social interactions and norms?• Is an Orwellian approach ever justified?• Can policy reflect the preferences of its citizens?• How can policy work with commerce and individuals tomaximize social welfare?• There are generally two camps of thought -- those who call fora completely free and open net and those who call for someregulation WHEN protecting certain social valuesOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  21. 21. PolicyA case for country-based regulation and policy:Suppose there are three nations each with 100 people. 51 wantto ban online gambling in nation A, 75 want to ban in nation B,and 30, want to ban in nation C.Global Regulation: 144 unhappy with policy, 156 happy withpolicy.Country-based regulation: Nation A: Ban; Nation B: Ban;Nation C: PermitTotal: 196 happy with policy, 104 unhappy with policyOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  22. 22. Public response• Even in countries where government regulation is heaviest,there is a massive wave of tools aimed at circumventing thesebarriersSome tools:VPNs: Virtual private networks are especially popular in China, where 10 knownforeign ones are widely used. Have rarely been shut downProxies that act as an intermediary between user’s computer and end siteWebplatfoms like Tor aim to protect users identity by erasing tracks of whereusers have beenOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  23. 23. How Tor WorksOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  24. 24. How Tor WorksOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  25. 25. How Tor WorksOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  26. 26. Economic implicationsTrade barriers: Just as in offline markets, governmentregulation can result in trade barriers (e.g., protection ofdomestic Internet firms in China)Black markets: Emergence of Internet usage in areas like theNorth Korean/Chinese border through Web-enabled phonesrunning on Chinese servicesOverview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  27. 27. Legal ImplicationsHow are borders defined? Do we define border based onwhere the technology company is headquartered? Whereservers are hosted? Or where the end user is?Redefining of “market power” How can one government’slaws reflect new business pratices? (Example: Microsoft dot-net-passport security and EU global privacy standards)Overview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
  28. 28. What are the effects?• Global village? Early pioneers of the Internet we know todayand many human rights groups see the Internet as an openspace, a place of open information and self-governance• Reality is oftentimes an amplification and reflection of offlinesocieties and values• Technologists like Bill Gates had proudly predicted the adventof “unlimited broadband” by 2010; today, we find quite theopposite - often limited not by network capabilities but by nationstates• In a borderless world, the issue of borders becomes moreimportant than ever - where does the jurisdiction of one countrybegin and end?• The number of nations implementing regulatory measures isincreasing. Google cites that more than 25 governments haveblocked its services since its inception, especially after 2002.Overview | Regulatory Objectives | Regulatory Methods | Case Studies | Impacts
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