6 Protecting Privacy and Expression Online
Can the Global Network Initiative Embrace the Character of the Net?
Colin M. Maclay
Introduction
When Yahoo! became interested in building upon the surprise success of its services in
Vietnam, it was not simply a matter of finding an established partner or setting up
local servers, but began with a human rights impact assessment. This process sought
to anticipate the potential risks to freedom of expression and privacy in Vietnam that
might result from expanded operations, and to develop strategies to mitigate them.
What could happen if the Vietnamese authorities determined a blog post to be illegal
and demanded its removal, also requesting the author’s name? Ultimately, Yahoo! decided to make its data harder to reach by hosting servers offshore (in Singapore), to reduce vulnerability to external pressure by minimizing the number and responsibilities
of staff (hiring only a local sales team, rather than people with operational control),
and to implement a series of other policies intended to limit avenues used by government to abridge human rights. 1
Although the decisions implied slower service and less robust operations, Yahoo!
placed those costs in perspective of previous very difficult and public lessons, most
notably, the ugly aftermath of having provided Chinese authorities with information used in the 2005 imprisonment of Chinese journalist Shi Tao. 2 This trade of
near-term profits for principles (and hopefully, long-term gain) was informed—and
required—by a nascent multistakeholder effort called the Global Network Initiative
(GNI), 3 of which Yahoo! is a founding member. Participants evaluate human rights
risks and seek opportunities to mitigate them when considering whether and how to
enter a new market. Yahoo!’s motivations were likely diverse, but the actions were
aligned with their mission, corporate health and profitability, 4 and the preferences of
at least some shareholders. 5
GNI’s collaborative approach to compensating for the lack of effective legal and
policy measures to protect and advance online privacy and expression extends far beyond these assessments, recognizing that genuine progress requires a context of conscious corporate commitment to meaningfully integrate the protection of freedom of
Can the Global Network Initiative Embrace the Character of the Net?
Colin M. Maclay
Introduction
When Yahoo! became interested in building upon the surprise success of its services in
Vietnam, it was not simply a matter of finding an established partner or setting up
local servers, but began with a human rights impact assessment. This process sought
to anticipate the potential risks to freedom of expression and privacy in Vietnam that
might result from expanded operations, and to develop strategies to mitigate them.
What could happen if the Vietnamese authorities determined a blog post to be illegal
and demanded its removal, also requesting the author’s name? Ultimately, Yahoo! decided to make its data harder to reach by hosting servers offshore (in Singapore), to reduce vulnerability to external pressure by minimizing the number and responsibilities
of staff (hiring only a local sales team, rather than people with operational control),
and to implement a series of other policies intended to limit avenues used by government to abridge human rights. 1
Although the decisions implied slower service and less robust operations, Yahoo!
placed those costs in perspective of previous very difficult and public lessons, most
notably, the ugly aftermath of having provided Chinese authorities with information used in the 2005 imprisonment of Chinese journalist Shi Tao. 2 This trade of
near-term profits for principles (and hopefully, long-term gain) was informed—and
required—by a nascent multistakeholder effort called the Global Network Initiative
(GNI), 3 of which Yahoo! is a founding member. Participants evaluate human rights
risks and seek opportunities to mitigate them when considering whether and how to
enter a new market. Yahoo!’s motivations were likely diverse, but the actions were
aligned with their mission, corporate health and profitability, 4 and the preferences of
at least some shareholders. 5
GNI’s collaborative approach to compensating for the lack of effective legal and
policy measures to protect and advance online privacy and expression extends far beyond these assessments, recognizing that genuine progress requires a context of conscious corporate commitment to meaningfully integrate the protection of freedom of