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Are Telecommunications Companies Agents of Suppression Or Revolution?

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Are Telecommunications Companies Agents of Suppression Or Revolution? JOURNAL OF LAW, TECHNOLOGY& THE INTERNET· VOL. 4 ·No. 2 · 2013 JouRNAL OF LAW, TECHNOLOGY& THE INTERNET· VoL. 4 ·No. 2 · 2013 Recognizing the Importance of Intrabrand Competition in High Technology Markets CENSORSHIP AND SURVEILLANCE IN are located in and around that locale. The second prong inquires into the nature of the distributor at issue and utilizes both an objective THE GLOBAL INFORMATION AGE:- and subjective test to determine the quality of customer service the distributor provides to its customers. The third and last prong examines the complexity of the high technology products. Products ARE TELECOMMUNICATIONS COMPANIES AGENTS OF that do not require customer servke likewise do not require this SUPPRESSION OR REVOLUTION? analysis. When this test is used, the court should weigh all three Sana Ahmeda prongs together, and then rely on the result to examine other 90 reasonably applicable factors set forth in Chicago Board of Trade. The Internet is a wild land with its own games, languages and This approach will provide courts with a better understanding of the gestures through which we are starting to share common effects of vertical restraints on customers. In addition, it will provide feelings uniformity, which in turn will make it easier for lawyers to counsel their clients. -Ai Weiwei1 If you want to liberate a society, just give them the Internet -Wael Ghonim2 INTRODUCTION As global access to Internet and communications technology (ICT) grows, individuals gather on the Internet to discuss everything from the best breakfast cafes to opinions about the latest governmental decrees.3 In early 2011, increased access to ICTs allowed individuals in Tunisia and Egypt to lift the authoritarian veil of the oppressive governments that stifled freedom of expression for * J.D. Candidate, 2013, Case Western Reserve University School of Law; M.Sc. Middle East Politics, 2010, SOAS, University of London; B.A., 2009, George Washington University. I would like to thank Professor Raymond Ku for his instruction and editorial guidance. I would also like to thank my family for their endless love and support. 1. Ai Weiwei, China's Censorship Can Never Defeat the Internet, GUARDIAN, Apr. 15, 2010, at 26. 2. Rebecca MacKinnon, Our Web freedom at the Mercy of Tech Giants, CNN, July 31, 2011, http://articles.cnn.com/2011-07- 31 / opinion/mackinnon.tech.freedom_l_julian-assange-free-speech­ wikileaks?_s=PM:OPINION (discussing Wael Ghonim, a Dubai based Google executive whose Facebook group, "We Are All Khaled Said," helped stimulate the Egyptian uprisings in 2011); See also Wael Ghonim: Creating A 'Revolution 2.0' In Egypt, NPR (Feb. 9, 2012), http://www.npr.org/2012/02/09/146636605/wael-ghonim-creating-a­ revolution-2-0-in-egypt. 3. See Amir Hatem Ali, Note, The Power of Social Media in Developing Nations: New Tools for Closing the Global Digital Divide and Beyond, 24 HARV. HUM. RTS. J. 185, 187- 89 (2011) (discussing increased access 90. Ed. of Trade of City of Chicago, 246 U.S. at 238. to the Internet worldwide). · 502 503 JouRNALOFLAw, TECHNOLOGY&THEINTERNET · VoL. 4 ·No. 2 · 2013 JOURNAL OF LAW, TECHNOLOGY& THE INTERNET· VOL. 4 ·No. 2 · 2013 Censorship and Surveillance in the Global Information Age Censorship and Surveillance in the Global Information Age decades.4 Individuals sought out safe digital spaces, initially beyond Social media's arrival in the ICT sector strengthened social bonds, the reach of the government's eye, to mobilize organized political allowing demonstrators to quickly become informed, mobilize, and action in the streets of Tunis and Cairo.5 Online communities join masses of individuals with shared sentiments.9 Research harnessed the digital space, allowing any individual to become "a conducted by Philip N. Howard on technology and political change in town crier with a voice that resonates farther than it could be heard the Islamic world indicates that ICT do not cause change alone. from any soapbox. "6 The throngs of demonstrators in early 2011 were Rather, development of ICT likely depends on adequate ICT armed with cell phone images of police brutality7 and growing social utilization.10 However, the growing use of ICT to voice opinions cohesion that were instantly uploaded onto the Internet to be viewed against political powers presents fearful governments and political by a global audience.8 - leaders with a dilemma. The Internet, which boosts trade -and social cohesion, also undermines oppressive governmental structures.11 How much control an oppressive government exerts over 4. Kurt Anderson, The Protestor, TIME, Dec. 26, 2011, at 60. telecommunications companies determines how successfully dissidents within a nation can utilize ICT to induce political change. 12 The more 5. Phillip N. Howard, Sheetal D. Agarwal & Muzammil M. Hussain, The Dictator's Digital Dilemma: When Do States Disconnect Their Digital strategically a government directs ICT companies operating within Networks?, 13 ISSUES TECH. INNOVATION 1, 2 (Oct. 2011), available at the country, the greater control it will have in condensing the http://www.brookings.edu/-/media/Files/rc/papers/2011/lO_dictators dissent's voice into a manageable and monitored digital space.13 _digital_network/lO_dictators_digital_network.pdf (demonstrating On January 28, 2001, this compression took the form of desperate how technology aided in mobilizing pro-democracy protests); see also measures by the Egyptian government to choke off the flow of Jennifer Preston & Brian Stelter, Cellphones Become the World's Eyes and Ears on Protests Across the Middle East, N.Y. TIMES, Feb. 19, 2011 information between activists and the global audience following events 14 at All (stating how cell phones played an important role in political online. The Egyptian government flipped a "kill switch" that severed uprisings in Cairo and Tunis); see also David Batty, Arab Spring Leads the country's cross-border Internet communications, and essentially Surge in Events Captured on Cameraphones, GUARDIAN, Dec. 29, 2011, wiped Egypt from the digital global map for five days. 15 at 19 (referring to images captured by cell phone cameras as "citizen Numerous governments are seeking to control online citizen media" and noting, "Post Egypt, in places like Libya, Yemen and Syria, citizens posting online have been the primary lens through which people speech by pressuring ICT companies to aid in censorship in ways that 16 have been able to see what is happening on the ground"). threaten fundamental rights to privacy and freedom of expression. 6. Reno v. ACLU, 521 U.S. 844, 870 (1997) (ruling that provisions in the Community Decency Act prohibiting indecent communications by content, individuals are no longer passive recipients, but also active means of telecommunications device to persons under age 18, or sending publishers of information."). patently offensive communications through use of interactive computer 9. Anderson supra note 4, at 60. service to persons under age 18, were unconstitutional as content-based 10. REBECCA MACKINNON, CONSENT OF THE NETWORKED: THE WORLDWIDE blanket restrictions on speech). STRUGGLE FOR INTERNET FREEDOM 53 (2012). 7. Egypt: Demonstrators Defy Riot Police, Censorship, HUM. RTS. WATCH, 11. See Ali, supra note 3, at 185-89 (discussing the use of the Internet in Jan. 28, 2011, protesting the Egyptian Government). http://www.hrw.org/news / 2011 /01 /28 / egypt-demonstrators-defy-riot­ police-censorship. 12. MACKINNON, supra note 10, at 53. 13. Id. at 54. 8. Hillary R. Clinton, U.S. Sec'y of State, Remarks on Internet Freedom (Jan. 21, 2010), available athttp://www.state.gov/secretary/ 14. James Cowie, Egypt Leaves ~he Internet, RENESYS (Jan. 27, 2011, 7:56 rm/2010/01/135519.htm ("The freedom to connect is like the freedom of PM), http://www.renesys.com/blog/2011/Ql/egypt-leaves-the- assembly, only in cyberspace. It allows individuals to get online, come internet.shtml. together, and hopefully cooperate. Once you're on the Internet, you 15. Id.; see also Howard, supra note 5, at 2. don't need to be a tycoon or a rock star to have a huge impact on society."); see also Michael H. Posner, Asst. Sec'y of State, Remarks on 16. GLOBAL NETWORK INITIATIVE, http://globalnetworkinitiative.org (last Internet Freedom and Responsibility (Oct. 25, 2011), available at visited March 30, 2013); see Christopher Rhoads & Loretta Chao, Iran's http://www.state.gov/g/drl/rls/rm/2011/176144.htm; see also U.N. Web Spying Aided by Western Technology, WALL ST. J., June 22, 2009 Special Rapporteur, Report of the Special Rapporteur on the Promotion at Al (discussing the role of European telecommunications companies, and Protection of the Right to Freedom of Opinion ani Expression, , including Siemens AG and Nokia, in aiding the Iranian Government to 19, U.N. Doc. A/HRC/17/27 (May 16, 2011) [hereinafter U.N. Report] develop "one of the_ world's most sophisticated mechanisms for ("Web 2.0 services, or intermediary platforms that facilitate controlling and censoring the Internet," which allows the regime to participatory information sharing and collaboration in the creation of monitor the content of online speech on a massive scale); see also 504 505 JOURNAL OF LAW, TECHNOLOGY& THE INTERNET· VOL. 4 ·No. 2 · 2013 JOURNAL OF LAW, TECHNOLOGY&THElNTERNET ·VOL. 4 ·No. 2 · 2013 Censorship and Surveillance in the Global Information Age Censorship and Surveillance in the Global Information Age decades.4 Individuals sought out safe digital spaces, initially beyond Social media's arrival in the ICT sector strengthened social bonds, the reach of the government's eye, to mobilize organized political allowing demonstrators to quickly become informed, mobilize, and action in the streets of Tunis and Cairo.5 Online communities join masses of individuals with shared sentiments.9 Research harnessed the digital space, allowing any individual to become "a conducted by Philip N. Howard on technology and political change in town crier with a voice that resonates farther than it could be heard the Islamic world indicates that ICT do not cause change alone.
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