The Google-China fracas gets serious

On Thursday, Hilary Clinton made an extraordinary speech in Washington about Internet freedom in which she set out the “freedom to connect” as a new human right. This really got under the skin of the Beijing regime, as GMSV reports.

This morning, Foreign Ministry spokesman Ma Zhaoxu basically told the U.S. to butt out. “Regarding comments that contradict facts and harm China-U.S. relations, we are firmly opposed,” he said. “We urge the U.S. side to respect facts and stop using the so-called freedom of the Internet to make unjustified accusations against China. … The Chinese Internet is open and China is the country witnessing the most active development of the Internet.”

The real zingers came in an editorial in the Global Times, an English-language newspaper published by the Communist Party’s official People’s Daily, which accused the U.S. of practicing “information imperialism.” “The hard fact that Clinton has failed to highlight in her speech is that bulk of the information flowing from the U.S. and other Western countries is loaded with aggressive rhetoric against those countries that do not follow their lead. … Countries disadvantaged by the unequal and undemocratic information flow have to protect their national interest, and take steps toward this,” the paper said. “Unlike advanced Western countries, Chinese society is still vulnerable to the effect of multifarious information flowing in, especially when it is for creating disorder. Western countries have long indoctrinated non-Western nations on the issue of freedom of speech. It is an aggressive political and diplomatic strategy, rather than a desire for moral values, that has led them to do so.”

As I say, Clinton’s speech is really interesting, and worth reading in full. But, as the old saying goes, fine words butter no parsnips. And as I was reading it I was wondering what the US proposes to do about its technology companies (step up Cisco, for example) which sell China the kit it needs to implement its censorship of the Net.

Google, China, and the future of freedom on the global Internet

Long and characteristically wise and thoughtful post by Rebecca MacKinnon on l’affaire Google.

I am not one of those people who believe that the Internet is going to eliminate the human need for geographically-based government. But I do believe that we're starting to enter a time when enlightened governments will slowly come to recognize that their legitimacy along with the well-being of the societies they govern will be improved if they figure out ways not just to peacefully coexist – but to share power with the global cyber-nation. Each has a duty to help us – citizens of both physical and cyber space – to keep the other's power in check. Both must submit to appropriate public oversight. Both must commit to high standards of transparency if they want our trust – which they require in order to be successful and powerful for the long haul. We're very far from figuring out how to make it all work. But it is in our own self-interest as netizens to be proactive in doing what we can to help companies and governments come to grips with what is, unavoidably, in their own long-term interest.

Worth reading in full.

The Balkanisation of the Internet

Even the New York Times is catching up with the reality, as evidence by this piece in today’s online edition.

As the Internet grew, it became fragmented and linguistically diversified. It developed borders, across which it now works in different ways.

In Spain, for instance, you can share music and movies with virtual impunity; in France, doing that is likely to cost you your Internet connection.

In China, meanwhile, it may soon be nearly impossible to use Google. The company, saying the security of its e-mail had been breached in a campaign to spy on Chinese dissidents, announced last week that it would stop censoring Google.cn, its Chinese Web site, and might have to withdraw from China.

No matter what happens in the fight between Google and Beijing’s leaders, one thing seems clear: the company is not going to be able to turn the clock back to 2006. That year, Google itself helped to fracture the Internet by creating Google.cn.

Google and China: business ethics, or ethics as business?

Google’s threat to close its operations in China has been treated as big news in the mainstream media. (As a technology columnist I’ve grown accustomed to the fact that Google is one of the triggers of senior editorial interest in technology!) Here’s how the NYT, for example, reported it:

BEIJING — Google said Tuesday that it would stop cooperating with Chinese Internet censorship and consider shutting down its operations in the country altogether, citing assaults from hackers on its computer systems and China’s attempts to “limit free speech on the Web.”

The move, if followed through, would be a highly unusual rebuke of China by one of the largest and most admired technology companies, which had for years coveted China’s 300 million Web users.

The more I think about it, though, the more puzzled I become. First of all, it only makes sense if Google knows that the cyberattack that is one of the alleged grounds for its threat was actually orchestrated or conducted by the Chinese government. But the company spokesman on Radio 4 this morning declined to comment on that. Secondly, it’s puzzling because Google must have known what it was getting into four years ago when it agreed to the Chinese regime’s conditions for operating in that country: that was the moment when we saw the transition from Google-the-religion to Google-the-corporation. I wasn’t particularly surprised when the company agreed to bend the knee to the Chinese. Corporations obey the law, and are as ethical or unethical as they can get away with. Expecting a shareholder-owned entity to do more than obey the law is a bit like expecting my cats to obey my injunctions to be kind towards birds and small rodents. It goes against their natures.

Thirdly (and following on from that), there’s the business angle. If I were a shareholder in Google, would I be pleased to see the company turning its back on the most important emerging market in the world? (Well, I might: but I’m not running a pension fund.) Looked at through the prism of pure corporate strategy, it seems like an unwise step.

And then, finally, there’s a whiff of hubris about it. Google is big and powerful, but it’s a flea compared to the authoritarian regime that runs the world’s next superpower. I’m reminded of the story about Stalin’s alleged retort to news that the Pope was opposed to something he was planning: “And how many divisions has the Pope?”

So what is one to make of it? One interpretation is that it’s a business decision dressed up in ethical garb.

The company has been constantly losing market share against its rival Baidu in the last few months and is currently left with only about 17% of the Chinese search market.

In other words, Google has decided that the Chinese search market is a lost cause and has made a strategic decision to cut its losses and pull out.

Another slant on it concerns the way the company has gone about this. Here’s a Chinese perspective on it:

With its bold statement towards the Chinese government, Google basically closed their doors in China. Business tactics that may work in countries like the US do not work in China. In China there is a strong feeling about building relationships. There is a strong feeling about “saving face”. There is a strong culture and history that the people are very proud of.

Sure there are problems. And yes there are problems that need to be fixed. But the question that arises is what is the best way to go about it.

I wrote a blog post about how to do business in Asia. In this post I summarized the lessons that could be learned from President Bill Clinton’s visit to North Korea to release the US reporters. Bill did not prove that he was right and North Korea was wrong. Instead, he approached the government with respect and he approached them in a way that was aligned with their culture. Bill gave them a path to change their position without losing face. By doing this, Bill achieved a result that many thought was impossible. North Korea released the US reporters to the US.

Unfortunately, Google did just the opposite today. They brought US tactics to the Chinese government. Not any US tactics, but US tactics that are against the grain of Chinese culture. They did not show respect. They did not allow a path for “saving face”. They did not build the relationship.

Funnily enough, even thought I disapproved of Google’s 2006 decision to filter search results, I thought that the company was approaching it sensibly by arguing that it was at least letting Chinese searchers know when they’d been banned from seeing something. And that was better than nothing.

Anyway, we’re left with an enigma. There’s more to this than meets the eye. Wish I knew what.

LATER: One answer might be that it’s a move that resonates with official thinking within the Obama Administration. For example, this source reports that:

Google’s decision Tuesday to risk walking away from the world’s largest Internet market may have come as a shock, but security experts see it as the most public admission of a top IT problem for U.S. companies: ongoing corporate espionage originating from China.
It’s a problem that the U.S. lawmakers have complained about loudly. In the corporate world, online attacks that appear to come from China have been an ongoing problem for years, but big companies haven’t said much about this, eager to remain in the good graces of the world’s powerhouse economy.

Google, by implying that Beijing had sponsored the attack, has placed itself in the center of an international controversy, exposing what appears to be a state-sponsored corporate espionage campaign that compromised more than 30 technology, financial and media companies, most of them global Fortune 500 enterprises.

The U.S. government is taking the attack seriously. Late Tuesday, U.S. Secretary of State Hillary Clinton released a statement asking the Chinese government to explain itself, saying that Google’s allegations “raise very serious concerns and questions.”

“The ability to operate with confidence in cyberspace is critical in a modern society and economy,” she said.

STILL LATER: Tech Review has a piece about the attack which allegedly triggered Google’s announcement:

Though Google has not disclosed the exact nature of the attacks, [David] Drummond [Google’s chief legal officer] wrote: “In mid-December, we detected a highly sophisticated and targeted attack on our corporate infrastructure originating from China that resulted in the theft of intellectual property from Google.” He added that the company has gathered evidence that 20 other large Internet, finance, technology, media, and chemical companies were also attacked.

In Google’s case, the attackers tried to get into Gmail accounts belonging to Chinese human-rights activists, Drummond said. The company believes that the efforts were not successful, but that hackers have been targeting human-rights activists based in other parts of the world through a range of hacking techniques.

Amichai Shulman, CTO of Imperva, a data-security company based in Redwood Shores, CA, says Google probably called the attack “highly sophisticated” because the hackers got into the heart of its database and password list. “The intellect and resources required to pull off such a surgical attack are staggering considering the defenses Google has put in place to protect digital assets,” he says.

Is the DMCA a scam? Or how to censor the web

You think the DMCA is just about anti-circumvention? Think again. This comes from Aaron Swartz’s blog.

I received my first DMCA takedown notice today. I published publicly-available IRS information about the nonprofit Kwaze-Kwasa [USA] Inc. Kwaze-Kwasa sent a letter to my ISP asking that it be taken down. I do not know why they want to keep this public information off the Internet, but I do know that the law lets them.

For those who aren’t familiar, the Digital Millennium Copyright Act contained a section known as OCILLA (distinct from its also-famous anticircumvention provisions) that regulates publishing copyrighted material online.

There are three big parties with interests in this subject: copyright holders, who want strong tools to keep copyrighted material offline; ISPs, who don’t want copyright law to apply to them’ and Internet users, who want to be able to publish and read interesting content. OCILLA was largely written by ISPs and pretty much maximizes their interests at the expense of copyright holders and users.

I’m very glad that copyright holders get the short end of the stick — they want to modify the law to make sites like YouTube illegal, just because some people upload copyrighted material to it. If they had their way, websites based around user-generated content would pretty much be impossible.

But I am frustrated the law doesn’t do enough for users. The takedown notice I was sent was obviously bogus — it didn’t even allege a copyright violation, since the information I published wasn’t even copyrightable (it was all basic facts and statistics published by the US government). Yet my ISP informed me that if I didn’t take the page down, they’d take my entire website offline. And they have to do that because if they don’t, they can be sued under the copyright law and could face very heavy penalties.

Maybe he should change his ISP. Cory Doctorow can advise.

Control, halt, delete

Excellent FT.com piece on the increasing number of countries which are controlling their citizens’ use of the Internet.

The number of such states is in the dozens, researchers say. In Burma and Moldova, governments recently resorted to pulling the plug on mobile phone networks amid unrest magnified by text messages; in Uzbekistan, there is widespread suspicion of internet monitoring but few ways to prove it. That is despite the fact that a lot of the surveillance and security software in the hands of governments across the world comes from western suppliers. In what is by its nature among the most globalised of industries, technology companies are seeing a revenue boost from governmental interest in data mining, search and storage products, though they periodically draw fire from activists for assisting repressive states.

The most gripping evidence of the change at hand has come from Iran. The theocratic regime has been in a protracted struggle over the free flow of information and communication with many of its largely young urban populace since the day after this month’s disputed election.

The piece focusses mainly on Iran and China, but it’s a good general survey.

Obama wakes up to Chinese Net-filtering demands

From today’s NYTimes

The Obama administration lodged a formal protest on Wednesday with the Chinese government over its plan to force all computers sold in China to come with software that blocks access to certain Web sites.

Commerce Secretary Gary Locke and Ron Kirk, the trade representative, sent a letter to officials in two Chinese ministries asking them to rescind a rule about the software that is set to take effect on July 1.

Chinese officials have said that the filtering software, known as Green Dam-Youth Escort, is meant to block pornography and other “unhealthy information.”

In part, the American officials’ complaint framed this as a trade issue, objecting to the burden put on computer makers to install the software with little notice. But it also raised broader questions about whether the software would lead to more censorship of the Internet in China and restrict freedom of expression.

“China is putting companies in an untenable position by requiring them, with virtually no public notice, to pre-install software that appears to have broad-based censorship implications and network security issues,” Mr. Locke said in a news release. The government did not release the text of the letter…

Hmmm… It’s good news that the US government is beginning to take a real interest in this. But I wonder how it will play out.

FOOTNOTE: The research report on Green Dam by Scott Wolchok, Randy Yao, and J. Alex Halderman is here. The Abstract reads:

We have discovered remotely-exploitable vulnerabilities in Green Dam, the censorship software reportedly mandated by the Chinese government. Any web site a Green Dam user visits can take control of the PC.

According to press reports, China will soon require all PCs sold in the country to include Green Dam. This software monitors web sites visited and other activity on the computer and blocks adult content as well as politically sensitive material.

We examined the Green Dam software and found that it contains serious security vulnerabilities due to programming errors. Once Green Dam is installed, any web site the user visits can exploit these problems to take control of the computer. This could allow malicious sites to steal private data, send spam, or enlist the computer in a botnet. In addition, we found vulnerabilities in the way Green Dam processes blacklist updates that could allow the software makers or others to install malicious code during the update process.

We found these problems with less than 12 hours of testing, and we believe they may be only the tip of the iceberg. Green Dam makes frequent use of unsafe and outdated programming practices that likely introduce numerous other vulnerabilities. Correcting these problems will require extensive changes to the software and careful retesting. In the meantime, we recommend that users protect themselves by uninstalling Green Dam immediately.

In other words, this isn’t just about the Chinese government’s repressive Internet policy. It potentially affects every Internet user because Green Dam could make it possible to turn the Chinese Internet into a gigantic botnet.

Police face prosecution for obstructing photographers

Hooray! At last some sense of proportion. This from Press Gazette.

Lord Carlile QC, who reviews anti-terror legislation, said officers who use force or threats against photographers to make them delete images could face prosecution themselves.

Section 58A of the Counter-Terrorism Act, which came into force in February, bans photographers from taking pictures of the police if the photographs could be useful to terrorists.

Lord Carlile said this was a "high bar" and should not be used to interfere with day-to-day photography of officers which is "as legitimate as before".

One photographer wrote to him to complain about being forced to delete an image from his camera of an officer on traffic duty.

In his annual review of anti-terror laws, Lord Carlile said: “It should be emphasised that photography of the police by the media or amateurs remains as legitimate as before, unless the photograph is likely to be of use to a terrorist. This is a high bar.

“It is inexcusable for police officers ever to use this provision to interfere with the rights of individuals to take photographs.

“The police must adjust to the undoubted fact that the scrutiny of them by members of the public is at least proportional to any increase in police powers – given the ubiquity of photograph and video-enabled mobile phones.

“Police officers who use force or threaten force in this context run the real risk of being prosecuted themselves for one or more of several possible criminal and disciplinary offences.”

About time.

China’s “Green Dam” censorware opens the door to malware

From Technology Review.

Controversy erupted this week over reports that the Chinese government plans to require all computers sold in the country to come with software that screens for objectionable websites. Although initial criticism came from privacy advocates and those most concerned about censorship, experts have also now found that the software could introduce critical security risks to computers across the country.

According to the BBC, the software communicates in plain text with central servers at its parent company. Not only does this potentially place personal information in the hands of eavesdroppers, but it could also allow hackers to take over PCs running the software, creating a massive zombie network that could deliver spam or attack other computers across the globe…

Ed Felten has followed up on this, drawing attention to an investigation by security researchers which confirms the story. Ed concludes:

This is a serious blow to the Chinese government’s mandatory censorware plan. Green Dam’s insecurity is a show-stopper — no responsible PC maker will want to preinstall such dangerous software. The software can be fixed, but it will take a while to test the fix, and there is no guarantee that the next version won’t have other flaws, especially in light of the blatant errors in the current version.

Amazon: power – and responsibility

This morning’s Observer column.

When Jeff Bezos founded Amazon, his single strategic goal was to “get big quick”. His hunch was that, in online retailing, size and scale would be the ultimate determinants of success. And his vision was never limited to books – they were the obvious starting point, because they are goods that people could buy without having to handle them. But Bezos had much more ambitious plans. He wanted to sell everything that could be sold online. He saw Amazon as potentially the Wal-Mart of the web.

Last week we saw two very different illustrations of how close he has come to achieving his goal…