Green Dam Implementation Delayed in China

Xinhua is reporting that the MIIT in China has decided to delay implementation of the Green Dam Youth Escort software program. (HT: Rebecca MacKinnon, who has been doing a terrific job documenting the proposed Green Dam regulation from the start on her blog.)

Much to their credit, leaders like Commerce Secretary Gary Locke of the Obama Administration have been pushing back on the proposed Chinese regulations on trade-related grounds.  Today’s announcement from Xinhua suggests that perhaps reason has prevailed and the push-back has been effective.

Here’s hoping implementation of the Green Dam software mandate(-or-is-it?) is indefinitely delayed. The software had all manner of problems, which we at the ONI, among others, documented. And the notion of requiring, or even just “strongly encouraging,” implementation of a given software program on all computers would set a terrible precedent in terms of the ability for the state to control communications of its citizens.

NYT story on Iran Elections and Technology, with Linkage to Green Dam

The New York Times’ Brian Stelter and Brad Stone have a very thoughtful piece in the paper today about the changing role of censorship in an Internet age, with references to ONI work. The final point, made in the story by Ethan Zuckerman, draws an appropriate connection to the Green Dam story in China from a few weeks ago.

Internet & Democracy: China, Iran, the Arabic Blogosphere

These are heady days for the study of Internet and its relationship to the practice of politics and the struggles over democratic decision-making. Three stories — in China, in Iran, and throughout the Arabic-speaking world — make a powerful case for the deepening relevance of the use of new technologies by citizens to the balance of political power around the world.

First, there was the Green Dam story. The Chinese government upped the ante in the Internet filtering business by announcing a new regulation on the providers of computer hardware. This regulation would require that new computers be shipped along with filtering software, the so-called Green Dam filtering software. We at the ONI released an analysis of this proposed software mandate. This story matters because having state-mandated software at the layer closest to the user would have an extraordinary chilling effect on the use of these technologies, not to mention the possibilities for censorship, surveillance, and other forms of control that such software would open up for the state. (Plus, there was an increase in censorship activity around June 4.)

Today, there is the crisis in Iran. At a moment of political upheaval, the key stories about what is happening on the ground is being told, and supplemented, by citizens on web 2.0 tools — blogs, Twitter, social networks, on sites like Global Voices. The State Department is reportedly working with Twitter to keep the service up — and the information flowing in and out from Iran, as traditional media find themselves more constrained than in other settings. I am imagining the conversation within the intelligence and diplomatic communities, and elsewhere in politics, about the value of this discourse and open source intelligence in general in these moments of crisis. If ever it were in doubt, I’d imagine today is helping to put many doubts to rest about the importance of this networked public sphere.

In the same spirit, tomorrow, we are releasing our study of the Arabic language blogosphere. The real-space, official session will take place at the United States Institute of Peace, as part of their wonderful “bullets to bytes” series. We’re delighted to have the chance to release our study with these terrific colleagues — and, together, to bust some myths about the networked public sphere in the Arabic world. The idea is to set forth a systematic, empirical study of the extraordinary public conversations we can observe in tens of thousands of blogs across the Arabic-speaking world.

What a week!

ONI Releases Green Dam Software Analysis

At the OpenNet Initiative, we’ve spent much of this week looking hard at the Chinese Green Dam software that the state is asking all PC manufacturers to ship with their hardware. The analysis highlights — and confirms — a variety of problems with the software.

As we argue in this ONI Bulletin, this announcement is a big deal and augurs poorly for the development of the Internet and its usage in China.  “As a policy decision, mandating the installation of a specific software product is both unprecedented and poorly conceived. In this specific instance, the mistake is compounded by requiring the use of a substandard software product that interferes with the performance of personal computers in an unpredictable way, killing browsers and applications without warning while opening up users to numerous serious security vulnerabilities. The level of parental control over the software is poor such that this software does not well serve parents that wish to the limit exposure of their children to Internet content.”

Solicitor General's Brief in Cablevision Case

The United States Solicitor General’s office has filed its brief (posted online here) in the long-running RS-DVR matter, popularly referred to as the “Cablevision” case. The brief is terrific. The United States takes the position that the Supreme Court should not review the case, which had been decided unanimously by the Second Circuit in favor of the cable companies. This case has significant copyright implications, as well as implications for the balance of power between cable providers and those who hold copyright interests in television and movie programming.

The Solicitor General takes the position that the case did not meet the traditional standard for the Supreme Court to grant cert and that the Second Circuit “reasonably and narrowly resolved the issues” before it. The reasoning in the brief is persuasive.

For more information: Several news outlets have the story. (The Reuters piece says that the SG “denied” the plaintiffs’ request for a hearing, which — at least in technical terms — overstates the matter a bit by implying decision-making authority in the SG. Though the Court asked for the SG’s opinion, the Court reserves the right to decide whether or not to hear the case. Practically speaking, though, that seems somewhat unlikely now, after the filing of this strong brief.) For previous coverage which touches on the procedural aspects of the case, see, e.g., an article by the LA Times’s David G Savage from January, 2009. Also, see the press release and summary page on the case published by Public Knowledge, which has worked on this matter; Gigi Sohn, the president, says she is pleased with the SG’s brief.

By way of disclosure: the United States Solicitor General and counsel of record in this matter, Elena Kagan, is my former boss when she was dean of Harvard Law School for six years prior to her appointment to the Obama Administration.

NPR's Talk of the Nation on Online Safety

NPR’s ToTN ran a piece yesterday on Online Safety that references lots of good data and the Internet Safety Technical Task Force report. Guests included three experts on this topic: Lenore Skenazy (author of Free Range Kids), Connecticut Attorney General Richard Blumenthal, and Janis Wolak (UNH). It is rare that one hears such a nuanced conversation about the fact that 1 in 7 youth receive an online solicitation — both a scary notion on its face but also something that needs to be understood in context.

I was most impressed by the parents who called in to the show and their level of knowledge and sophistication about how to help their kids be safe online. It’s such a complicated issue, but one where common sense shared with kids can go a very long way, as these parents demonstrate.

Online Intermediaries

Issues swirling around Craigslist have given rise to a new round of consideration of our liability scheme of online intermediaries. David Ardia — a very thoughtful observer of this scene, a Berkman fellow, and director of our Citizens Media Law Project — comments on a podcast at Legal Talk Network. The themes are similar to those that Adam Thierer and I took up in a debate at ArsTechnica recently.

This discussion of intermediary liability is only going getting more important as time passes. Follow along as the issue develops at CMLP’s new Section 230 site.