The Shaping of Power, Rights, and Rule in Cyberspace Ronald Deibert, John Palfrey, Rafal Rohozinski, and Jonathan Zittrain, Editors Access Controlled

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The Shaping of Power, Rights, and Rule in Cyberspace Ronald Deibert, John Palfrey, Rafal Rohozinski, and Jonathan Zittrain, Editors Access Controlled Access Controlled Information Revolution and Global Politics William J. Drake and Ernest J. Wilson III, editors The Information Revolution and Developing Countries Ernest J. Wilson III Human Rights in the Global Information Society Rikke Frank Jørgensen, editor Mobile Communication and Society: A Global Perspective Manuel Castells, Mireia Ferna´ndez-Arde`vol, Jack Linchuan Qiu, and Araba Sey Access Denied: The Practice and Policy of Global Internet Filtering Ronald Deibert, John Palfrey, Rafal Rohozinski, and Jonathan Zittrain, editors Governing Global Electronic Networks: International Perspectives on Policy and Power William J. Drake and Ernest J. Wilson III, editors Working-Class Network Society: Communication Technology and the Information Have-Less in Urban China Jack Linchuan Qiu Transforming Global Information and Communication Markets: The Political Economy of Innovation Peter F. Cowhey and Jonathan D. Aronson Protocol Politics: The Globalization of Internet Surveillance Laura DeNardis Access Controlled: The Shaping of Power, Rights, and Rule in Cyberspace Ronald Deibert, John Palfrey, Rafal Rohozinski, and Jonathan Zittrain, editors Access Controlled The Shaping of Power, Rights, and Rule in Cyberspace Ronald Deibert, John Palfrey, Rafal Rohozinski, and Jonathan Zittrain, editors The MIT Press Cambridge, Massachusetts London, England ( 2010 Massachusetts Institute of Technology All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or information storage and retrieval) without permission in writing from the publisher. For information about special quantity discounts, please email [email protected] This book was set in Stone Serif and Stone Sans on 3B2 by Asco Typesetters, Hong Kong. Printed and bound in the United States of America. Library of Congress Cataloging-in-Publication Data Access controlled : the shaping of power, rights, and rule in cyberspace / edited by Ronald Deibert . [et al.] ; foreword by Miklos Haraszti. p. cm. — (Information revolution and global politics) Report from the OpenNet Initiative. Includes bibliographical references and index. ISBN 978-0-262-01434-2 (hardcover : alk. paper) — ISBN 978-0-262-51435-4 (pbk. : alk. paper) 1. Cyberspace—Government policy. 2. Internet—Government policy. 3. Computers—Access control. 4. Internet—Censorship. I. Deibert, Ronald. II. OpenNet Initiative. HM851.A254 2010 005.8—dc22 2009049632 10987654321 Contents Preface ix Acknowledgments xi Author Biographies xiii Foreword by Miklos Haraszti xv Part I: Access Controlled: Theory and Analysis 1 1 Beyond Denial: Introducing Next-Generation Information Access Controls 3 Ronald Deibert and Rafal Rohozinski 2 Control and Subversion in Russian Cyberspace 15 Ronald Deibert and Rafal Rohozinski 3 The EU Data Retention Directive in an Era of Internet Surveillance 35 Hal Roberts and John Palfrey 4 Barriers to Cooperation: An Analysis of the Origins of International Efforts to Protect Children Online 55 Nart Villeneuve 5 Intermediary Censorship 71 Ethan Zuckerman 6 Protecting Privacy and Expression Online: Can the Global Network Initiative Embrace the Character of the Net? 87 Colin M. Maclay Part II: Country Profiles and Regional Overviews 109 Introduction to the Country Profiles 111 Commonwealth of Independent States 117 CIS Overview 119 vi Contents Armenia 137 Azerbaijan 149 Belarus 161 Georgia 173 Kazakhstan 183 Kyrgyzstan 191 Moldova 201 Russia 209 Tajikistan 227 Turkmenistan 237 Ukraine 249 Uzbekistan 265 Europe 277 Europe Overview 279 France 297 Germany 307 Italy 317 Nordic Countries 325 Turkey 341 United Kingdom 357 North America 367 United States and Canada Overview 369 Australia and New Zealand 389 Australia and New Zealand Overview 391 Asia 407 Asia Overview 409 Burma 431 China 449 Pakistan 489 South Korea 503 Middle East and North Africa 521 MENA Overview 523 Egypt 537 Iran 545 Saudi Arabia 561 Syria 571 Contents vii Tunisia 581 United Arab Emirates 589 Glossary of Technical Terms 599 Index 603 Preface Access Controlled: The Shaping of Power, Rights, and Rule in Cyberspace is the latest report from the OpenNet Initiative (ONI), which is a collaboration of the Citizen Lab at the Munk Centre for International Studies, University of Toronto; the Berkman Center for Internet and Society at Harvard University; and the SecDev Group (Canada). The country profiles and regional overviews provided in this volume have been sub- stantially updated and revised to reflect recent events since our last publication, Access Denied. In addition, Access Controlled includes six newly authored thematic chapters that analyze the themes of our investigations and grapple with the theoretical and public policy implications. With Access Controlled, we take on new themes emerging from our research and con- centrate on the countries that make up the Organization for Security and Cooperation in Europe (OSCE), as it is there, primarily, where some of the most important tech- niques of next-generation Internet controls are emerging and a normative terrain is being set. While the Access Controlled volume focuses on the OSCE region as an impor- tant locus of norms and emerging techniques, the ONI conducted tests in more than 65 countries over the last year and a half. We have included a selection of these regional overviews and country profiles in this volume on the basis of two criteria: first, we included countries that either border on or have strategic significance to the OSCE region; second, we included countries that are significant stories in and of themselves and on which we wanted to report. China and Iran are included in both categories, for example, but we also included Egypt, Tunisia, and South Korea (which are OSCE ‘‘partner in cooperation’’ states), as well as Australia and New Zealand, and all our regional overviews. As with Access Denied, all our country profiles and regional over- views are accessible in full on our Web site: http://opennet.net/, as well as the thematic chapters of this book. Ronald Deibert and Rafal Rohozinski Acknowledgments The OpenNet Initiative would not exist without the vital contributions of dozens of very talented and often courageous researchers from around the world. The ONI’s regional deputies primarily wrote the country profiles and regional overviews: Ves- selina Haralampieva (CIS/Europe), Helmi Noman (Middle East and North Africa), and Stephanie Wang (Asia). Masashi Crete-Nishihata (Citizen Lab), provided invaluable written and editorial inputs to the entire book. Jillian York, Rebekah Heacock, and Robert Faris (Berkman) provided editorial input and writing assistance for the country profiles and regional overviews. Other written contributions were made by Fabian Pregel (Germany), Andrea Glorioso (Italy), Sangamitra Ramachander (Europe Over- view), Brendan Ballou (Europe Overview), Amina Waheed (Europe Overview, Middle East and North Africa), Natalie Senst (Australia and New Zealand), Dan Larsen (Nordic Overview), Jessica Walch (France). Robert Faris and Jillian York help to manage the ONI research enterprise on an ongoing basis. Their professional stewardship keeps the ONI on track. Primary research in the CIS was conducted in partnership with the Eurasia i-Policy network and coordinated by Tattugul Mambetalieva. Technical support for testing in the region was provided by Aleksei Bebinov (Civil Initiative for Internet policy, Kyrgyzstan). Jonathan Doda (Citizen Lab) acted as the lead technical engineer and analyst for the ONI in 2008 and 2009; Shishir Nagaraja (Cambridge) did the same in 2007. Jane Gowan (Citizen Lab) designed the cover art for Access Controlled, and provided addi- tional design input to the ONI project. The ONI would like to acknowledge the contributions of the ONI Asia group, and in particular the regional coordinators, Francois Fortier and Al Alegre, the project manager Deirdre Collings, and research assistants Arnav Marchanda and Antoine Nouvet. The ONI is grateful to the University of Amsterdam Digital Methods Team, especially Pro- fessor Richard Rogers, Erik Borra, Esther Weltevrede, and Anat Ben-David for participat- ing in the ONI’s April 2009 analysis workshop at the Citizen Lab. The ONI is grateful to MIT Press: William Drake, Ernest Wilson III, Marguerite Avery, and Ellen Sklar. xii Acknowledgments The Citizen Lab would like to thank Laird Brown, Francois Cadieux, Sarah Boland, Jessica Daggers, Jakub Dalek, Sahar Golshan, Robert Guerra, Gus Hosein, Michael Hull, Dylan Jones, Andrej Karpathy, Elana Koren, Lucinda Li, Daniel Lister, Jamie Liu, Rebecca Mackinnon, Margaret McKone, Kay Nguyen, David Naylor, Palantir Technolo- gies, Psiphon, Inc., Wilhelmina Peter, Janice Stein, James Tay, Jeremy Vernon, Nart Villeneuve, and Greg Walton. The Berkman Center would like to thank Nagib AlHadi, Renata Avila, Catherine Bracy, Andrea Calderaro, Rafik Dammak, J. C. DeMartin, Zsuzsa Detreko˝i,Alexey Dolin- skiy, Eric Fish, Charles Frentz, Effi Fuks, Urs Gasser, Joshua Goldstein, Cicek Gurkan, Sanjana Hattotuwa, Eric Johnson, Ismael Kahtan, Mohamed Keita, Colin Maclay, Ladan Mahabadi, Persephone Miel, Katitza Rodriguez Pereda, Elfine Peterson, Daniel Rosenberg, Anas Qtiesh, Amin Sabeti, Zinta Saulkalns, Gbenga Sesan, Chris Soghoian, Firuzeh Shookoh Valle, Kanupriya Tehawari, Shiham Thabreez, Kate von Achen, Sally Walkerman, Seth Young, Ethan Zuckerman, Yushu Zhou. The SecDev Group would like to thank the Eurasia i-Policy Network who carried out the primary field research and technical testing in
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