numerous legal jurisdictions. The same is true of government and business information. It is hosted on servers each of which may have unique terms-of-service, dataretention, and use policies. Depending on the territorial jurisdiction in which they are
located, they may be subject to the pressures of law enforcement and intelligence to
turn over that information, either overtly or covertly. And they are subject to a bewildering variety of local, national, and international laws, some of which may
conflict.
Issues of censorship that involve terms-of-use policies, takedown notices, and other
commercial compliance and service issues are taken up in both the Ethan Zuckerman
and Colin Maclay chapters. Zuckerman outlines some of the ways in which competitive market forces can create unintended consequences leading to censorship by ISPs
and online service providers (OSPs). Unwilling or afraid to bear the burden of legal
and other costs of hosting controversial information, ISPs and OSPs may simply err on
the side of caution, leading to a situation where the spaces for hosting content deemed
objectionable anywhere are progressively winnowed. As much of what happens online
today, from e-mail to documentation to chats, flows through or otherwise depends on
these large ‘‘cloud’’ services managed by private companies, such a chilling effect could
have profound consequences on freedom of speech and access to information.
Maclay’s chapter focuses on issues of accountability and transparency around OSPs
and ISPs that operate or provide services in jurisdictions where Internet censorship
takes place. In many countries, Internet companies are either pressured or legally compelled to censor their services or turn over user data, with search engines being among
the most common of them. In China, for example, major search engine companies all
filter their search results, and at least one has turned over personal data to Chinese
authorities, resulting in arrests. These practices have garnered significant controversy,
particularly in the United States where the largest of them—Microsoft, Yahoo!, Google—are based. In an effort to forestall legislation that would restrict their investment
practices abroad, these companies have entered into a self-regulation pact, called the
Global Network Initiative, which Maclay analyzes and discusses. Given that much of
cyberspace is operated by the private sector, such self-regulation pacts may become a
more common feature of cyberspace governance, as will undoubtedly the policing of
Internet content controls.
Conclusion
The trends and findings analyzed in Access Controlled reveal a rapidly emerging normative terrain that should be of concern to policymakers, advocacy and rights networks,
and academics. Given the strategic importance of the OSCE, in terms of relative military capabilities, wealth, and diplomatic influence, the norms emerging from this region are bound to have unintended consequences all over the world. Understanding
10
Ronald Deibert and Rafal Rohozinski
located, they may be subject to the pressures of law enforcement and intelligence to
turn over that information, either overtly or covertly. And they are subject to a bewildering variety of local, national, and international laws, some of which may
conflict.
Issues of censorship that involve terms-of-use policies, takedown notices, and other
commercial compliance and service issues are taken up in both the Ethan Zuckerman
and Colin Maclay chapters. Zuckerman outlines some of the ways in which competitive market forces can create unintended consequences leading to censorship by ISPs
and online service providers (OSPs). Unwilling or afraid to bear the burden of legal
and other costs of hosting controversial information, ISPs and OSPs may simply err on
the side of caution, leading to a situation where the spaces for hosting content deemed
objectionable anywhere are progressively winnowed. As much of what happens online
today, from e-mail to documentation to chats, flows through or otherwise depends on
these large ‘‘cloud’’ services managed by private companies, such a chilling effect could
have profound consequences on freedom of speech and access to information.
Maclay’s chapter focuses on issues of accountability and transparency around OSPs
and ISPs that operate or provide services in jurisdictions where Internet censorship
takes place. In many countries, Internet companies are either pressured or legally compelled to censor their services or turn over user data, with search engines being among
the most common of them. In China, for example, major search engine companies all
filter their search results, and at least one has turned over personal data to Chinese
authorities, resulting in arrests. These practices have garnered significant controversy,
particularly in the United States where the largest of them—Microsoft, Yahoo!, Google—are based. In an effort to forestall legislation that would restrict their investment
practices abroad, these companies have entered into a self-regulation pact, called the
Global Network Initiative, which Maclay analyzes and discusses. Given that much of
cyberspace is operated by the private sector, such self-regulation pacts may become a
more common feature of cyberspace governance, as will undoubtedly the policing of
Internet content controls.
Conclusion
The trends and findings analyzed in Access Controlled reveal a rapidly emerging normative terrain that should be of concern to policymakers, advocacy and rights networks,
and academics. Given the strategic importance of the OSCE, in terms of relative military capabilities, wealth, and diplomatic influence, the norms emerging from this region are bound to have unintended consequences all over the world. Understanding
10
Ronald Deibert and Rafal Rohozinski