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February 16, 2006 4:00 AM PST

Proposed law targets tech-China cooperation

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Besides the relocation requirement, Smith's proposal says that:

•  A U.S. corporation that offers a search service "may not" alter its results in response to the request of an "Internet-restricting country." That would permit ongoing censorship by Western nations such as Germany, which requires Google to filter Nazi-related sites from search results, or the United States, which imposes a similar requirement on search engines as a result of the Digital Millennium Copyright Act.

•  Search engine companies must provide the Office of Global Internet Freedom--a new federal bureaucracy that would be created--with a list of verboten search terms "provided by any foreign official of an Internet-restricting country."

•  Any Web site with operations in the U.S. must regularly provide the Office of Global Internet Freedom with a list of content deleted or blocked at the request of an Internet-restricting country.

•  A new set of federal regulations--apparently aimed at Cisco's routers and software used by the other companies--would be erected to criminalize certain exports to China, Iran, Vietnam and other Internet-restricting nations. Current law permits the export of "publicly available technology and software" to those nations. Those exports would no longer be permitted if software or hardware is exported for the purpose of "facilitating Internet censorship."

Infractions can be punished, depending on the exact prohibition violated, by fines of up to $2 million and criminal penalties of up to five years of prison time.

The Electronic Frontier Foundation, a digital rights advocacy group in San Francisco, published its own letter to politicians this week suggesting parameters for an industry-wide code of conduct--saying, among other things, that "American companies should not be actively and knowingly providing services that facilitate censorship or repression."

Danny O'Brien, EFF's activist coordinator, said the organization generally supports the idea of legislation requiring such practices and agrees with many underlying principles in Smith's draft bill. But he said he feared the "kind of specific regulation" in Smith's proposal would undermine the industry cooperation that the government seeks.

"I think there are sometimes situations where these corporations in dealing with a foreign government sort of need the backup and support of the U.S. government, and I think this bill rather paints these companies as enemies to be controlled," O'Brien said.

For instance, the draft bill would require Internet companies to provide the U.S. government with lists of all content and sites it has been forced to block by restrictive governments. "Now that puts the companies exactly where they don't want to be, which is in a fight between the U.S. government and the other governments," O'Brien said.

CNET News.com's Anne Broache contributed to this report.

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Add a Comment (Log in or register) Showing 1 of 3 pages (84 Comments)
Cart before the horse...
by Earl Benser February 16, 2006 5:17 AM PST
First, get US corporations to follow US laws in the US. Then create
laws to make foreign corporations follow US laws in the US. Then
create the laws to forbid US corporations to follow foreign laws in
foreign lands.

Somewhere in that sequence, even the typical ******* politician
should begin to see inconsistencies.
Reply to this comment
Cart before the horse...
by Earl Benser February 16, 2006 5:17 AM PST
First, get US corporations to follow US laws in the US. Then create
laws to make foreign corporations follow US laws in the US. Then
create the laws to forbid US corporations to follow foreign laws in
foreign lands.

Somewhere in that sequence, even the typical ******* politician
should begin to see inconsistencies.
Reply to this comment
This is silly
by n3td3v February 16, 2006 5:26 AM PST
This is a dream come true for U.S government... now they can have as much e-commerce control as they want.

Is there anything in the world the U.S government don't control?
Reply to this comment
It's all about freedom
by stevejobless February 16, 2006 5:28 AM PST
To grant freedom and human rights to the Chinese people they want to take away rights from American companies and make it harder for Chiense people access services such as Google... Maybe it because I'm not american but that doesn't make sense to me...
What's silly is.........
by ScullyB February 16, 2006 9:24 AM PST
Your lack of comprehension!

In a previous "Senate hearings on the oppressive Chinese control" you applaud Yahoo for resisting questions!! When you commented on evil America (which a lot of people agree with) You say it as if you live in some utopian neutral country when actually you live in the U.K. which btw has proven itself to be nothing more than our 51st state!

Your beloved Yahoo, that you've found sooooooo many security flaws with, is responsible for the arrest of a dissident after conspiring with the Chinese government!!!Do you think that is good? Do YOU understand? IANAL but I can't believe that it wouldn't be a criminal act.

This is an American company. They are bound by AMERICAN laws. The French government relieved them of responsibility, as it pertained to nazi information. They're (French government) responsible for controlling what can and cannot be seen, in their country.

If a country wants something blocked by a company with servers based in another country they are s.o.l.. That is the way it should be.
View all 2 replies
This is silly
by n3td3v February 16, 2006 5:26 AM PST
This is a dream come true for U.S government... now they can have as much e-commerce control as they want.

Is there anything in the world the U.S government don't control?
Reply to this comment
It's all about freedom
by stevejobless February 16, 2006 5:28 AM PST
To grant freedom and human rights to the Chinese people they want to take away rights from American companies and make it harder for Chiense people access services such as Google... Maybe it because I'm not american but that doesn't make sense to me...
What's silly is.........
by ScullyB February 16, 2006 9:24 AM PST
Your lack of comprehension!

In a previous "Senate hearings on the oppressive Chinese control" you applaud Yahoo for resisting questions!! When you commented on evil America (which a lot of people agree with) You say it as if you live in some utopian neutral country when actually you live in the U.K. which btw has proven itself to be nothing more than our 51st state!

Your beloved Yahoo, that you've found sooooooo many security flaws with, is responsible for the arrest of a dissident after conspiring with the Chinese government!!!Do you think that is good? Do YOU understand? IANAL but I can't believe that it wouldn't be a criminal act.

This is an American company. They are bound by AMERICAN laws. The French government relieved them of responsibility, as it pertained to nazi information. They're (French government) responsible for controlling what can and cannot be seen, in their country.

If a country wants something blocked by a company with servers based in another country they are s.o.l.. That is the way it should be.
View all 2 replies
Why not reject Chinese $ funding US Debt!!
by February 16, 2006 6:34 AM PST
Congress should also do as it says. Stop selling US Debt to China. Then what happens
Reply to this comment
Thank You Peggy!!
by ScullyB February 16, 2006 10:56 AM PST
You're exactly right. As long as the U.S. Government benefits financially, all is good. The hypocrisy of politicians, world-wide, is unimaginable. Yet, we continue to re-elect these morons!
Why not reject Chinese $ funding US Debt!!
by February 16, 2006 6:34 AM PST
Congress should also do as it says. Stop selling US Debt to China. Then what happens
Reply to this comment
Thank You Peggy!!
by ScullyB February 16, 2006 10:56 AM PST
You're exactly right. As long as the U.S. Government benefits financially, all is good. The hypocrisy of politicians, world-wide, is unimaginable. Yet, we continue to re-elect these morons!
Previous comments off the mark
by samgmcf February 16, 2006 7:20 AM PST
Do the previous commentators have no sense of how repressive the Chinese government is, of how much it censors information? Are you unconcerned that American companies are assisting China in its repression -- as Google, Yahoo, Cisco have clearly done? The Universal Declaration of Human Rights, article 19, says, ?Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.? That principle should be sacred to our news media and to our internet companies. But these companies, for their own profit, have not only acquiesed to China's censorship, they have helped them do it.

What they have done is evil and sickening and should be outlawed, period. Complaints about U.S. government control are totally beside the point of the human rights issue at stake.
Reply to this comment
It's so rare ...
by dosware February 16, 2006 10:32 AM PST
to read a well-considered arguemnet like yours.

The very freedom which allow us to debate this issue is virtually absent in China. As a US citizen, I have the freedom to bash the hypocrisies of the US government (and do often), and I have the freedom to hear and read others' criticism of the my government. These very fundamental freedoms don't exist in China.

Is it so unreasonable to prevent US companies (which enjoy our freedoms) from participating in that repression?
Idealism misapplied....
by Earl Benser February 16, 2006 2:49 PM PST
What the Universal Declaration of Human Rights says is
significant only to those who accept it. The Declaration is a
waste of paper for the others. China is free to define its
governmental form without outside interference from anyone. If
you don't like it, see you chaplain and get your TS card punched.

Now, if the Chinese people don't like it, they are the ones who
can and should institute whatever changes they desire. It might
get a little bloody for a while, but that's the price of revolution,
their revolution, not yours.
View reply
Previous comments off the mark
by samgmcf February 16, 2006 7:20 AM PST
Do the previous commentators have no sense of how repressive the Chinese government is, of how much it censors information? Are you unconcerned that American companies are assisting China in its repression -- as Google, Yahoo, Cisco have clearly done? The Universal Declaration of Human Rights, article 19, says, ?Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.? That principle should be sacred to our news media and to our internet companies. But these companies, for their own profit, have not only acquiesed to China's censorship, they have helped them do it.

What they have done is evil and sickening and should be outlawed, period. Complaints about U.S. government control are totally beside the point of the human rights issue at stake.
Reply to this comment
It's so rare ...
by dosware February 16, 2006 10:32 AM PST
to read a well-considered arguemnet like yours.

The very freedom which allow us to debate this issue is virtually absent in China. As a US citizen, I have the freedom to bash the hypocrisies of the US government (and do often), and I have the freedom to hear and read others' criticism of the my government. These very fundamental freedoms don't exist in China.

Is it so unreasonable to prevent US companies (which enjoy our freedoms) from participating in that repression?
Idealism misapplied....
by Earl Benser February 16, 2006 2:49 PM PST
What the Universal Declaration of Human Rights says is
significant only to those who accept it. The Declaration is a
waste of paper for the others. China is free to define its
governmental form without outside interference from anyone. If
you don't like it, see you chaplain and get your TS card punched.

Now, if the Chinese people don't like it, they are the ones who
can and should institute whatever changes they desire. It might
get a little bloody for a while, but that's the price of revolution,
their revolution, not yours.
View reply
US out of line controlling internet companies
by Thinkforachange February 16, 2006 7:42 AM PST
they are seriously out of line controlling these US internet companies.... if anything, this could be called ANTI-censorship, where the govt is forcing companies to push information into other countries. It might be giving people a chance at free information but in doing so, they basically forcing companies to do their will. Not that much different from the Chinese companies forcing their own Chinese internet companies to do censorship. Both govt are forcing things on companies that they have no business doing so.

If they want to change the world, start with the things the govt can do itself, not using companies as pawns for their agenda.
Reply to this comment
US out of line controlling internet companies
by Thinkforachange February 16, 2006 7:42 AM PST
they are seriously out of line controlling these US internet companies.... if anything, this could be called ANTI-censorship, where the govt is forcing companies to push information into other countries. It might be giving people a chance at free information but in doing so, they basically forcing companies to do their will. Not that much different from the Chinese companies forcing their own Chinese internet companies to do censorship. Both govt are forcing things on companies that they have no business doing so.

If they want to change the world, start with the things the govt can do itself, not using companies as pawns for their agenda.
Reply to this comment
Worst kind of political grandstanding
by YankeePoodle February 16, 2006 8:22 AM PST
This is worst kind of political grandstanding by politicians to place themselves as champions of freespeech. This is certainly not the best way of promotion democracy and Human rights in China. Certainly, this kind of thinking is reflection of lack of understanding on the side of politicians.
Reply to this comment
Worst kind of political grandstanding
by YankeePoodle February 16, 2006 8:22 AM PST
This is worst kind of political grandstanding by politicians to place themselves as champions of freespeech. This is certainly not the best way of promotion democracy and Human rights in China. Certainly, this kind of thinking is reflection of lack of understanding on the side of politicians.
Reply to this comment
Google, the censor
by samgmcf February 16, 2006 8:22 AM PST
We have many laws in this country that limit companies rights to harm people -- knowingly selling defective products, marketing booze to minors, etc. What google is doing is harming people. Their excuse about "having a seat at the table" to make China more open is self-serving BS. Google is in China for the profit motive. As one Congressman said yesterday, Google isn't changing China, China has changed Google. What google is doing cannot be condemned strongly enough. There is no excuse for it. I can't understand why so many bloggers, who should value so much the free flow of information, are defending Google for this unconscionable actions in censoring Google.cn. If they did the same in this country, wow, would you be in an uproar. Do you think freedom of information is less important in China than in the U.S.?
Reply to this comment
Google, the censor
by samgmcf February 16, 2006 8:22 AM PST
We have many laws in this country that limit companies rights to harm people -- knowingly selling defective products, marketing booze to minors, etc. What google is doing is harming people. Their excuse about "having a seat at the table" to make China more open is self-serving BS. Google is in China for the profit motive. As one Congressman said yesterday, Google isn't changing China, China has changed Google. What google is doing cannot be condemned strongly enough. There is no excuse for it. I can't understand why so many bloggers, who should value so much the free flow of information, are defending Google for this unconscionable actions in censoring Google.cn. If they did the same in this country, wow, would you be in an uproar. Do you think freedom of information is less important in China than in the U.S.?
Reply to this comment
stop stupid thinking
by February 16, 2006 8:59 AM PST
let the media brain-washing ur mind about China.

the only way correct to interpret "freedom" is to respect other's
opinion and right to do it.

judge the other nation's behavior by own country's law, this is
ridiculus and exact count-example of "freedom".
Reply to this comment
stop stupid thinking
by February 16, 2006 8:59 AM PST
let the media brain-washing ur mind about China.

the only way correct to interpret "freedom" is to respect other's
opinion and right to do it.

judge the other nation's behavior by own country's law, this is
ridiculus and exact count-example of "freedom".
Reply to this comment
can not agree more
by February 16, 2006 9:02 AM PST
whom those politician's think they are?!

when they are controlling the meida, fooling the people (don't tell
me Bush believe Iraq had WMD when he spoke to the nation about
it), conquering the citizen's mind, proposed lie after lie and took
more and more money from poors, how come they elect
themselves as the "agency of freedom"
Reply to this comment
can not agree more
by February 16, 2006 9:02 AM PST
whom those politician's think they are?!

when they are controlling the meida, fooling the people (don't tell
me Bush believe Iraq had WMD when he spoke to the nation about
it), conquering the citizen's mind, proposed lie after lie and took
more and more money from poors, how come they elect
themselves as the "agency of freedom"
Reply to this comment
A Step in the Right Direction
by Techno Guy February 16, 2006 9:34 AM PST
First, remember that we are discussing a draft of a bill. A draft is subject to revision, and so is the resulting bill. Nothing is written in stone, details are subject to change, and a draft is bound to include strongly worded proposals that will undoubtedly be moderated when the bill is released.

Second, something needs to be done about the involvement of U.S. companies in China. While there are gray areas where pariticipation with these governments can reasonably be negotiated, it is wrong for U.S. companies to participate in the jailing or oppression of Chinese people over matters of conscience. Period. End of sentence. If you don't beleive that, what _do_ you believe?

Personally, I think this is an excellent first step with some jaggedly rough edges. Instead of nit-picking a draft of a bill, take up your responsibility to get informed, stay informed, and participate in the discussion, perhaps even attempting to influence the final shape of the bill by communicating with your elected representatives.
Reply to this comment
A Step in the Right Direction
by Techno Guy February 16, 2006 9:34 AM PST
First, remember that we are discussing a draft of a bill. A draft is subject to revision, and so is the resulting bill. Nothing is written in stone, details are subject to change, and a draft is bound to include strongly worded proposals that will undoubtedly be moderated when the bill is released.

Second, something needs to be done about the involvement of U.S. companies in China. While there are gray areas where pariticipation with these governments can reasonably be negotiated, it is wrong for U.S. companies to participate in the jailing or oppression of Chinese people over matters of conscience. Period. End of sentence. If you don't beleive that, what _do_ you believe?

Personally, I think this is an excellent first step with some jaggedly rough edges. Instead of nit-picking a draft of a bill, take up your responsibility to get informed, stay informed, and participate in the discussion, perhaps even attempting to influence the final shape of the bill by communicating with your elected representatives.
Reply to this comment
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