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    US Second Circuit Decision Opens Questions Of Transformative And Fair Use

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    Intellectual Property Watch
    9 March 2010

    Google, ITU Address Policies Of Global Internet Freedom

    By Kaitlin Mara @ 10:03 pm

    A representative of Google and of the United Nations International Telecommunication Union today spoke of internet freedom in repressive regimes and censorship in Western democracies.

    The same tools that allow democratic participation and the opportunity to bear witness to atrocity can be used for spam or surveillance, such as the tracking of Iranian dissidents through cell phones, said Robert Boorstin, director of public policy at Google.

    Boorstin and Alexander Ntoko, head of corporate strategy at the ITU, spoke today at the 8-9 March Geneva Summit for Human Rights, Tolerance and Democracy.

    The Geneva Summit today announced a “Declaration on Internet Freedom” which can be read here.

    Censorship in Western Democracies

    Those worried about human rights should be careful about focussing too much on the censorship of “ugly regimes” said Boorstin, as in doing so they can be blinded to other worrying developments. The Open Net Initiative, he added, demonstrates the range of different forms of censorship taking place online.

    One such development was the recent sentencing of three Italian Google officials for violating privacy laws, he said. The charge followed the posting to Google video of a clip of an autistic teenager being abused by several other teens. Google was alerted to the video two months after it had been posted and then took “about two and a half hours to take it down,” Boorstin said.

    “No one would defend the content of that video,” he said, “but if you are criminally responsible for anything that appears on your website, that is going to have a chilling effect on what people are allowed to put up. And it’s going to encourage repressive regimes” that might want to criminalise or censor certain behaviour online. There are also practical considerations, as “every minute 20 hours of video is uploaded to YouTube.”

    One promising development is that the United States Treasury on Monday lifted a long-time ban on companies licensing certain kinds of software to countries such as Iran and Sudan, he said.

    “This is a great accomplishment, this is something that human rights groups and companies argued for together,” said Boorstin, saying it was a “small step down a long road ahead.”

    Internet Freedom where Speech is Not Free

    “While there are no borders in cyberspace, global culture does not exist yet,” said Ntoko. “Global companies need to take into account that the internet will not from one day to the next” make value, government, and religious differences disappear.

    This means companies have to decide how they will act when faced with censorship.

    Speaking of the censored Google.cn that the company runs in China, Boorstin said: “if and when we pull out of China, I feel we will be taking away from the Chinese people a tool they have come to value because it is not Baidu [the Chinese government-run search engine] and because we do not censor as much as Baidu does,” said Boorstin.

    But, he said, in China the company does not offer services such as Gmail or Blogger that would have required them to store data in servers on Chinese soil, as this would have left them vulnerable to demands that they share personal information of users.

    In Thailand, YouTube was blocked for a time following the posting of a video about the Thai king that violated the nation’s lèste majesté laws. Eventually, Google agreed to take down the offending videos so that the site would be unblocked, seeing it better to take that action than to have nothing there, said Boorstin.

    A recently launched Global Network Initiative, a collaboration between Google and Microsoft and Yahoo, is trying to draw up a “code of conduct on how internet tech companies should operate in repressive regimes,” Boorstin said.

    Everything Is Mobile

    Internet freedom cannot be discussed without recognising the importance of mobile phone technology, especially in developing countries.

    Mobile phones have been the fastest spread of a technology in human history, said Boorstin. About two-thirds of the world’s population has access to mobile phones (and this probably underestimates real access as one phone can be used by an entire village) and 80 percent of mobile phone queries on Google come from outside the United States, said Boorstin.

    Ntoko encouraged African policy makers in particular to work on creating an enabling environment for business, saying “speaking as an African… we can no longer continue to expect Africa to develop by waiting for handouts… Africa has to put in place the necessary environment to attract business. When that happens, there will be development.” Google currently has bases in South Africa and Kenya, said Boorstin, and said that the company has scouts evaluating other countries for potential projects.

    When Is Censorship Appropriate?

    Telecommunications networks are bombarded with complaints over what is in the networks, said Ntoko.

    Reasons for wanting to censor content online include: technical reasons; the content is illegal within a particular country (and online censorship is an extension of offline censorship); social, cultural or religious reasons (promoting or protecting existing values); the prohibition of politically sensitive material, such as that which critiques the government; and national security reasons. National security, said Ntoko, is recently the most oft-cited reason for censorship, said Ntoko.

    It is difficult to prosecute a crime when the criminal, the victim, and the weapon are in three different locations, said Ntoko. UN agencies are working on common laws across countries.

    What happened to Google in Italy will most likely not happen elsewhere, said Ntoko. But a better understanding is needed of the liabilities for online content across different countries.

    Ntoko said in terms of treatment of content on the internet, the ITU has been working with its members to come up with a common understanding among their national differences. “We need to see if there is any common element,” he said, so that a global company can know what to expect in different countries.

    The ITU started with child pornography, and protecting children online, as a focal point as every country can understand it, and it has a unifying element as likely all countries will agree on its negativity.

    But “anybody who attempts to find a universal declaration, vision of what should not be allowed on the internet is doomed to failure outside of a very small number of topics,” such as child pornography and hate speech, said Boorstin. Though he also said that he thought instructions for committing suicide or building bombs should not be online though he was not sure how they could be removed.

    William New contributed to this story.

    Kaitlin Mara may be reached at kmara@ip-watch.ch.

     

    Comments

    1. Tjahjokartiko Gondokusumo says:

      Can we say that the boundaries for global infrastructure within public policies and IPRs?

      Will WIPO introduce international standards (IEC ITU ISO) to national education systems?

      My own question is R&D infrastructure.

    2. Intellectual Property Watch » Blog Archive » Google, ITU Address … - iKnew says:

      [...] post: Intellectual Property Watch » Blog Archive » Google, ITU Address … Bookmark [...]

    3. Jan Goossenaerts says:

      To Tjahjokartiko:

      Why do multinationals have no interest in international standards for national educational systems?

      Consider http://www.pragmetaknowledgeclout.be and /e-learning and Chapter 4 of http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1121643

    4. Google, ITU Address Policies Of Global Internet Freedom – Lega Digital Consulting Group says:

      [...] Link to the article: http://www.ip-watch.org/weblog/?p=9774 [...]

    5. GenevaLunch » Global internet access gets boost at Geneva meeting says:

      [...] Google, ITU Address Policies Of Global Internet Freedom [...]


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.