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Urgent Need to Protect the Internet

The internet has contributed to unprecedented global connections, but its openness distresses some governments. Censorship takes many forms, and some nations even consider creating an exclusive system for their citizens, cutting off contact with the rest of the globe, notes John Negroponte, a Brady-Johnson Distinguished Fellow in Grand Strategy and senior lecturer in International Affairs at Yale University and the first US director of national intelligence. He co-chaired a Council on Foreign Relations taskforce report “Defending an Open, Global, Secure, and Resilient Internet.” The report, released before recent revelations about classified US surveillance programs, notes the internet reflects its global users and that a window for US leadership on free expression and free markets is rapidly closing. Taskforce recommendations for the United States and its trade partners include negotiating free trade agreements that encourage flow of internet information across borders, while protecting intellectual property and privacy; developing standards for content removal; discouraging nontariff barriers to trade; and nurturing an environment for an open internet economy. – YaleGlobal

Urgent Need to Protect the Internet

Global standards are needed to resist nations’ efforts to control, censor the internet
John Negroponte
YaleGlobal, 8 August 2013
Internet check:  Chinese police raid an internet café (top); Iranian woman surfs the web

NEW HAVEN: The internet as we know it is open, secure and resilient. This is no mistake. It was designed and evolved this way. Due to its open nature, the internet has gained traction at a fantastic pace and transformed the world by fostering communication and innovation while generating tremendous economic growth. Roughly 2.5 billion people, more than one third of the world’s population, currently use the internet, and another 2.5 billion individuals are expected to go online by the end of this decade.

But the open internet that governments, corporations and individuals the world over rely on is under threat. Only concerted moves by the stakeholders can protect its valued openness.

The internet, as it transforms, has become a victim of its own success. The various groups that rely on internet services – governments, corporations, and individuals of all types and purposes – have different needs. Sometimes these needs overlap, and sometimes they are at odds. However, sovereign governments are increasingly seeking control of their own domestic spheres as well as the flow of data and information between countries and, in doing so, are attacking the openness that represents one of the foundations of the internet.

Nation-states are increasingly attempting to regulate social, political and economic activity and content in cyberspace and, in many cases, suppress expression they view as threatening. Justifying their actions by claiming to protect children or national security, more than 40 governments have erected restrictions of information, data and knowledge flow on the internet. Censoring the internet takes many forms including censorship of opinions (Vietnam, Saudi Arabia); censorship of specific websites or ISPs (Australia, Pakistan, Russia); censorship of specific information (China, Germany); demanding information be taken down (France, Singapore); demanding users’ IP addresses (more than 50 countries); and erecting regulatory barriers to cross-border, information flow (Brunei and Vietnam). More drastically, others including Iran, China, Saudi Arabia and Russia have considered building national computer networks that would tightly control or even sever connections to the global internet. The ongoing controversy surrounding former US National Security Agency contractor Edward Snowden makes for headline-grabbing news, but obscures these broader global challenges confronting the world’s internet infrastructure.

Nations increasingly try to regulate activity in cyberspace and, in many cases, suppress expression they view as threatening.

The internet facilitates communication, commerce and trade and is an integral part of modern life. The global repercussions of censorship are severe. Regulations that constrict the flow of information not only create disparities among people’s access to knowledge, but also have a negative effect on the shape, architecture, safety and resilience of the internet. In 2012, for example, two proposals in the US Congress to allow filtering of the Domain Name System, or DNS, which would enable the government to require US companies to block access to certain websites, were deemed a significant risk to cybersecurity. Moreover, restrictive and discriminatory operating rules complicate trade and slow global national economic growth. The internet economy accounted for 4.7 percent of US gross domestic product in 2010, or $68.2 billion, and is projected to rise to 5.4 percent of GDP in 2016. The United States captures more than 30 percent of global internet revenues and more than 40 percent of net income. Filtering, blocking and other limitations on data flow make it more difficult for companies of all sizes to reach customers, provide services or share critical information globally.

Future trade agreements should include the goal of fostering free flow of information across national borders.

There are many possible approaches the US could pursue to address this issue, but one of the most promising, as we argue in a recent Council on Foreign Relations taskforce white paper, is mandating that all future trade agreements should include the goal of fostering the free flow of information and data across national borders while protecting intellectual property and developing an interoperable global regulatory framework for respecting the privacy rights of individuals. Trade agreements in the past have addressed the free flow of goods, piracy and human rights. The trade agreements of the future should be no different, and some already address this issue. For example, the US -Korea Free Trade Agreement calls on the two countries to “refrain from imposing or maintaining unnecessary barriers to electronic information flows across borders.” The US has trade agreements with most countries in the world, and these agreements provide an opportunity to promote our values.

To build on these recommendations and further promote US digital trade, the task force recommends the following: 

  • The Trans-Pacific Partnership, the upcoming US -European trade negotiations and future bilateral agreements should guarantee the free flow of information across borders.
  • The United States, along with its trading partners, should create a digital due process for requests on content removal and user data consistent that is consistent across nations. This could prevent countries like Singapore, which has announced that news websites that report on the country must be licensed and could be fined if they do not remove any story deemed objectionable by the government, from independently enacting due process for content removal requests.
  • The United States and others should make transfer of data between governments more transparent and efficient by improving the Mutual Legal Assistance Treaty, or MLAT system. The United States already has more than 60 MLAT agreements in place.
  • With its Japanese and European counterparts, the US trade representative should coordinate pressure on India and Brazil to lift procurement regulations, location requirements and other nontariff barriers to trade.
  • The United States should protect intellectual property, while preserving the rights of users to access lawful content. The US Congress debated this issue during negotiations over the Stop Online Piracy Act and the Protect Intellectual Property Act, respectively, SOPA and PIPA. The bills, stalled for now, will be reintroduced in the future in some shape, way or form.
  • The United States should help create an environment in which the internet economy flourishes. This is beneficial for the United States and the entire world.
The United States does not own the internet nor is it responsible for fixing or updating it.

US companies and universities remain at the technological cutting edge, and the United States continues to be an important role model.  The United States can exert a great deal of influence as a positive model, and US technology companies have already taken the lead. Google, Twitter, LinkedIn, Microsoft and other companies now issue transparency reports that detail the number of requests they receive from government law enforcement for data on users around the world. Previous success in areas such as democracy promotion and human rights depended heavily on leadership by example. The United States does not own the internet nor is it responsible for fixing or updating it. Indeed, no one nation can fix the internet, now used by every nation on Earth. However, the United States can set high standards in hopes that the rest of the world will follow.

The open, global internet is unlikely to continue to flourish without deliberate action to promote and defend it. Political, economic and technological forces are seeking to splinter the internet into something that looks more like national networks, with each government controlling its own domestic sphere as well as the flow of data and information among countries. A global internet increasingly fragmented into national systems is not in the interest of the world or the United States.

 

John Negroponte (Yale ’60) is a Brady-Johnson Distinguished Fellow in Grand Strategy and senior lecturer in International Affairs at Yale. He has also held many high level positions in the United States government including a cabinet-level position as the first Director of National Intelligence under President George W. Bush.

He co-chaired, with Samuel J. Palmisano, the Council on Foreign Relations taskforce white paper Defending an Open, Global, Secure, and Resilient Internet.

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