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Human Rights and a Code of Conduct for China's Web

Posted by Zonk on Tue Mar 18, 2008 10:23 AM
from the try-to-play-well-with-others dept.
Ian Lamont writes "Human Rights Watch is preparing a code of conduct that specifies how major Internet service providers and portal operators should deal with Internet censorship in China. An officer for the group expressed concern that the Chinese government is 'setting the standard on control of the Internet' and also singled out international companies working in China for preemptively blocking access in 'anticipation of requests from the government' rather than waiting for orders from Beijing to block access. China has recently blocked YouTube following the posting of videos about the Tibetan protests, but has been unable to completely stop the flow of Tibet-related information in and out of China, thanks in part to bloggers and others using spam tactics to bypass Chinese filters."
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[+] China Blocks YouTube Over Tibet Videos 343 comments
Screaming Cactus writes "Internet users in China were blocked from seeing YouTube.com on Sunday after dozens of videos about protests in Tibet appeared on the site. 'Chinese leaders encourage Internet use for education and business but use online filters to block access to material considered subversive or pornographic. Foreign Web sites run by news organizations and human rights groups are regularly blocked if they carry sensitive information. Operators of China-based online bulletin boards are required to monitor their content and enforce censorship.' The blocking added to the communist government's efforts to control what the public saw and heard about protests that erupted Friday in the Tibetan capital, Lhasa, against Chinese rule."
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  • by jacquesm (154384) <j AT ww DOT com> on Tuesday March 18 2008, @10:38AM (#22783790) Homepage
    It's interesting that this should even need to be spelled out. Normally you'd expect companies and the people who run them to have enough of a moral backbone that they don't need external input on things like this.

    Because quarterly profits are the only yardstick by which management is rewarded / demoted all other considerations have gone out the window. As long as there is not direct link between ethics and profits I highly doubt any of this will make a difference.
    • Exactly true, but who's to say that these ISPs will even follow the code that they help write. And what about if they fail to follow it? Obviously they won't do anything to rectify any ethical wrongdoing on their part or government mandated, so why bother if this is just some sort of ethical "contract" with Chinese citizens that doesn't do anything to protect them as customers. It may be a small step, but at least it's in the right direction.
      The fact that it is termed a code of conduct seems to me like som
      • Re: (Score:2, Insightful)

        Yeah, why fear the government's censorship

        when it's actually *the corporation* that is filling the role of Big Brother? Thomas Jefferson predicted 200 years ago that too much money in the hands of just a few would lead to fewer freedoms for the average citizen. It is now "those few" that we call CEOs and CIOs that are doing the job of censorship.

    • by houghi (78078) on Tuesday March 18 2008, @10:59AM (#22784072) Homepage
      It is interesting that although the article talks about China, your comment can be applied internationaly.
    • Normally you'd expect companies and the people who run them to have enough of a moral backbone that they don't need external input on things like this

      You must be new to Capitalism. There is nothing more evil than passing up money or turning down profit from any source. Wealth is worth any price. Monetary gain trumps everything. It doesn't matter who dies or how miserable people are, so long as you're making a profit.

      Christianity isn't America's national religion like some Christian preachers claim, Capitali
    • Because quarterly profits are the only yardstick by which management is rewarded...

      It's not just that. Management can be sued by shareholders if it intentionally enters a course of action that decreases profits, even if the action is ethical.

      • Re: (Score:2, Interesting)

        And also let's not forget the politically correct idiots of the left, who'll blast anyone giving politically incorrect truths. Any mention of the reasons why nations block content ( Just an example, over 30 countries have censorship due to this document [wikipedia.org] ) cannot even be said. Same problem with stating that China is a socialist state, with the state providing healthcare, and censorship (they cannot be separated, as people need to be prevented from gaming the system, europe ignores this, and it's social struc
      • Management can be sued by shareholders if it intentionally enters a course of action that decreases profits, even if the action is ethical.

        Blatantly incorrect.

        The Board of Directors [wikipedia.org], and Management, DO have a responsibility to act in the best interests of shareholders, see Fiduciary Duty [wikipedia.org].

        However, NOT to the extent that they must pursue every market in every industry in the world.

        The Business Judgment Rule [wikipedia.org] protects the Board and Management from lawsuits about normal business decisions, such as:

        Hyp

    • Normally you'd expect companies and the people who run them to have enough of a moral backbone that they don't need external input on things like this.
      That, is the funniest thing I've read all day.
    • Because harping about Corporations while giving the governments of the world a pass is beyond reason.

      Look, the IOC with the blessings of governments around the world awarded China the Olympics. Just what in the hell were they thinking?

      You bring up ethics and profits as if it were a Corporate issue, its not. Why should any Corporation care when world governments, including the UN, don't?

      huh? Do we hold our elected officials and those of other countries to lower standards? Or is because we give into the id
    • Normally you'd expect companies and the people who run them to have enough of a moral backbone that they don't need external input on things like this.

      You would expect it. I would expect it. However, welcome to the real Earth, where this doesn't happen. I think it may have once, perhaps the great Quaker companies of the 19th Century. These days, running a corporation is:

      1. synonymous with greed
      2. abusing stats to prove your point and cover your ass and brand.
      3. abusing the same stats to ensure Pareto Optim
  • Olympic response (Score:5, Interesting)

    by esocid (946821) on Tuesday March 18 2008, @10:41AM (#22783824) Journal

    The code is due in the next couple of months and comes in the run up to the Beijing Olympic Games that begin in August.
    I am interested in what will happen when the Olympics go the China and the press/visitors/athletes respond to the censorship there. I doubt it would change anything automatically but no doubt will put some pressure on the government since it will be under the scrutiny of the entire world.
    • by MozeeToby (1163751) on Tuesday March 18 2008, @10:47AM (#22783914)
      This is just my gut instinct speaking but... There will be atleast one, probably several international incidents at the Olympics.

      Unless the Chinese government totally changes the way they do things, this is inevitable. There will be people taking advantage of the Olympics to do missionary work. There will be people taking advantage of the Olympics to publisize China's many indescretions.

      How will the government respond? Are we going to have dozens of people arrested, imprisoned and/or deported? In a way, I almost hope we do, it would open the worlds eyes to just what is happens there, how restricted freedoms really are.
      • Re:Olympic response (Score:5, Informative)

        by CodeBuster (516420) on Tuesday March 18 2008, @11:00AM (#22784096)

        How will the government respond? Are we going to have dozens of people arrested, imprisoned and/or deported?
        The last time the Chinese government responded to a large gathering of popular dissent, which as you say will surely accompany a high profile global event such as the Olympics, they did it with tanks, tear gas, and machine guns [wikipedia.org]. I suspect that not much has changed since then.
        • The last time the Chinese government responded to a large gathering of popular dissent, which as you say will surely accompany a high profile global event such as the Olympics, they did it with tanks, tear gas, and machine guns.

          I suspect that the government would have been much more moderate in the Tienanmen Square incident if the crowds protesting were as nationally diverse as the crowds at the Olympics.

          That said, I'd be surprised if they would allow any international protester to remain in the country. I think they would also take some big steps to try to disallow any record of a protest to be aired domestically or internationally.

        • by flyingsquid (813711) on Tuesday March 18 2008, @11:26AM (#22784402)
          The last time the Chinese government responded to a large gathering of popular dissent, which as you say will surely accompany a high profile global event such as the Olympics, they did it with tanks, tear gas, and machine guns [wikipedia.org]. I suspect that not much has changed since then.

          The authoritarian nature of the government probably hasn't changed, but quite a few things have- remember, that was 20 years ago. First, the explosion of portable digital devices- digital cameras, digital video cameras, cell phones, Blackberries, and laptops; second, the explosion of networks, including the Internet and the cellular network, to distribute digital data. Given the number of tourists they are expecting, Beijing will be under greater scrutiny than at any time in its history, and there will be no way to stop the videos once they get out. Third, Beijing is now linked to the United States and the rest of the world by trade. That puts the government in a bind: they want to maintain control, but they also want to keep the money rolling in, and a crackdown on any protests could harm trade with the West. We'll see what happens; the government crackdown in Tibet has been pretty effective, but Tibet isn't overrun with Westerners carrying video cameras and laptops.

        • Re: (Score:3, Insightful)

          My non-crystal ball reading of the Chinese authorities view of Tienanmen incident is that it wasn't supposed to happen. Not even back then. Well probably not due to "human rights" concerns or the casualties, but in any case it was a mishandling of public dissent. I believe that's how they view the incident.

          As another poster has pointed out, that was almost 20 years ago. Governments, people, and circumstances change. Why would you think that "not much has changed since then"? (this is intended as a legitimat
          • Why would you think that "not much has changed since then"? (this is intended as a legitimate question)

            Many of the same people or their hand picked successors and protégés are still firmly in power, they have shown their willingness in the past to use the gun when faced with an afront or challenge to that power, and finally up until very recently in the grand scheme of things the Chinese viewed all outsiders and westerners in particular as "barbarians" or inferior peoples and this attitude has served to lessen their willingness to listen to external criticism from the "barbarians" concerning their

      • Re:Olympic response (Score:5, Informative)

        by esocid (946821) on Tuesday March 18 2008, @11:00AM (#22784100) Journal
        The cat concentration camps [dailymail.co.uk] in Beijing have already gotten some bad responses. They are basically culling cats in the city, and it looks like people are being encouraged to give their pet cats to teams who round up cats in the city. The govt says it is to prevent disease, but civet cats wasn't really the problem with SARS so this is just a campaign to clean up their image, which may actually be doing the opposite.
      • Re:Olympic response (Score:5, Informative)

        by gnick (1211984) on Tuesday March 18 2008, @11:02AM (#22784124) Homepage

        ...it would open the worlds eyes to just what is happens there, how restricted freedoms really are.
        But will the world really respond in any meaningful way? I think most people realize how oppressive the Chinese government is. But, they sell cheap goods, so we (US-centric here) won't interfere with them economically. (As a side note, I have a graphic on my wall that they gave me at work - A bald eagle soaring in front of an American flag with the phrase "Proud to be an American" emblazoned on it. I have it turned and circled to display the "MADE IN CHINA" mark on the back.) They can treat their neighbors however they choose and we respond by putting 'Free Tibet' bumper stickers on our cars. Military interaction would, of course, be disastrous.

        The only way that the Chinese government would listen to any outside influence would be strong economic sanctions tied to behavioral changes. And we rely on them so thoroughly at this point that sanctions strong enough to be noticed would be suicide...

        Any ideas?
        • and we respond by putting 'Free Tibet' bumper stickers on our cars
          I wonder if those are made in China too...
  • Spam? (Score:2, Insightful)

    Ok, censorship is bad. Spam is bad. Two wrongs don't make a right... Right? Someone?
  • by matt me (850665) on Tuesday March 18 2008, @10:53AM (#22783980)
    It's not just ISPs and sites who can be faulted for co-operating with foreign censors. Much of the censorware used by such governments is developed in America. A great step would be to introduce legislation to expose which companies are selling censorware to foreign governments. This a tool of oppression, and exports should be scrutinized like weapons.

    http://www.nytimes.com/2006/03/09/opinion/09jardin.html [nytimes.com]
    • It's not just ISPs and sites who can be faulted for co-operating with foreign censors. Much of the censorware used by such governments is developed in America. A great step would be to introduce legislation to expose which companies are selling censorware to foreign governments. This a tool of oppression, and exports should be scrutinized like weapons.

      The US is using China to beta test it. Sort of like how the US is using the UK to beta test that whole 1984 big brother thing that they have going on.

      You soun
  • thanks in part to bloggers and others using spam tactics to bypass Chinese filters.

    Or proxies? That seems like the obvious route to go to me.

  • like the geneva convention stopped atrocities in war? please

    human rights watch writing a code of conduct won't convince china of anything. it won't change its ways. if american companies didn't help them, they'd get someone else to help them, or do it themselves

    what's more important to you? helping human rights in china? or shaming american companies? the shaming of american companies should be put aside in pursuit of the larger more noble goal: getting free imformation to chinese citizens

    how do you do that? writing a code of conduct? preventing china from using your expertise to build their firewall?

    no and no

    you defeat the great firewall of china with better guerilla apps. anyone who care about this issue should forget about shaming codes of conduct or shushing american companies that helped the technocrats in beijing

    instead what you do is you build proxy servers, ip obfuscators, p2p web traffic redirectors, content caching, etc., etc.: you wage war with the great firewall with china, you smuggle content around it, you render all of the technocrat's efforts to screen what chinese citizens see fruitless and pointless and a joke

    that's where you put your effort

    shaming colluding american companies or writing well-intentioned but pointless codes of conduct means nothing. results mean something

    get to writing those guerilla apps if you really care about this issue. shaming american companies or writing ivory tower codes of conduct is pointless if you really want to help regular chinese escape their hermetically sealed tomb of sanitized braindead propaganda
    • instead what you do is you build proxy servers, ip obfuscators, p2p web traffic redirectors, content caching, etc., etc.: you wage war with the great firewall with china, you smuggle content around it, you render all of the technocrat's efforts to screen what chinese citizens see fruitless and pointless and a joke

      Great post. And quite correct. The above quote is important, and those that have the ability need to do just that. Bear in mind that such things may be happening in your own country before long.

      • the difference in censorship between the usa/uk and china is the difference between an inch and a mile

        yes, plenty obsess over that inch, but this is silly hysteria

        i think it is far more fruitful to focus on that mile
    • My (obviously incomplete) understanding is that those in China who really wants access to the information already do.
      And those who don't, don't really bother.

      It's not like people in China are dying to know the dark side their government... most do, and due to one reason or the other, aren't particularly interested in digging further. Internet censorship is merely icing on the cake, so to speak. Yet most westerners act as if the Chinese were all sheep who believed 100% in government propaganda. Well, no.

      Cens
      • your position is that censorship and propaganda don't actually effect people's opinions, and people's opinions stand as they would whether they had completely unfettered access to info, or completely limited access to info

        i wish i could be more diplomatic, but i'm sorry i can't: you're a total moron if you really believe that. if you're just playing devil's advocate, you fail

        you are basically making the argument that it doesn't matter how tainted or censored your media is. i'm sorry, you're not a moron. you
        • your position is that censorship and propaganda don't actually effect people's opinions, and people's opinions stand as they would whether they had completely unfettered access to info, or completely limited access to info

          I never claimed that. My claim is that there isn't a "completely limited access to info", and that firewall circumvention tools don't really help. It *might* solve *some* of the symptoms, but the problem is much bigger than that, and those who tout firewall circumvention tools as a silver bullet simply misses the larger picture or problem.

          Specifically my point is that this (at least now) isn't the case in China:

          regular chinese escape their hermetically sealed tomb of sanitized braindead propaganda

          Since you seem to completely misunderstand my post, your strawman rant on morons and stupid ass

          • and i don't care who you are. all i know is that whatever your points are, they seem inane and frivolous

            here's my point, across which all of your points break: the more access there is to more media sources, no matter what the source, and the more you are allowed to pursue that media without fear of repercussion or censure, the healthier the body politic, and the healthier the society

            meanwhile, your points fall secondary to that, and they do not overrule my larger point. such that the conclusions you seem t
      • walling yourself off from the world makes your country go into decline. all countries need an exchange of ideas with the outer world to prosper. the grumpy old men in beijing are controlling bastards, but they aren't stupid

        even if only the elite chinese get (censored) access to the outside world, it's still useful to write guerilla apps that help the elite get uncensored info. actually, that's the case now: the mass of the interior of china is still poor, only the rich and middle class on the coastal cities
  • by sunderland56 (621843) on Tuesday March 18 2008, @11:02AM (#22784122)
    Can we get a code of conduct here in the USA about ISPs not blocking content? And, can we get Comcast to sign it?
  • Let's create a workaround and eliminate the need for for them entirely. That would be much more likely to bring about the desired result.
  • funny how you can use what is generally a bad thing and use it for "good" purposes. Theres always something good to be learned even from the worst.
    • by SleeknStealthy (746853) on Tuesday March 18 2008, @10:49AM (#22783930)
      I guess the day the world can't come to the conclusion that oppression is not unethical, is the day that humanity will lose all form of justice. I understand this isn't just about Tibet, but the overall censorship of China's web. However, when a country is censoring its own atrocities from its people it is a global problem.

      No one cares of course, China's disregard for environmental and humane concerns of its own people give the rest of the world the cheapest goods.
    • Re: (Score:3, Insightful)

      If the Chinese government chooses to block YouTube, or any site which publishes articles critical of the government, that is their right. Every government, whether you like it or not, has the right to dictate the rules within its boundaries.

      Wrong. Governments are only valid if they rule with the consent of the people. Otherwise, they can and must be destroyed.

      To use a very bad example, what if the U.S. blocked access to sites which promote Al Qaeda's agenda? Would that be ok? Shouldn't we be allowed to s
      • Wrong. Governments are only valid if they rule with the consent of the people. Otherwise, they can and must be destroyed.

        What crack are you on? There are dozens of governments around the world which do not rule with the consent of the people, including ones the U.S. supports. Egypt come to mind? How about Saudi Arabia? Hell, we sent people to Syria to be tortured yet we criticize that governments rule of law. I don't see you or the U.S. government going after them because the people don't give the

        • Re: (Score:2, Interesting)

          What crack are you on? There are dozens of governments around the world which do not rule with the consent of the people, including ones the U.S. supports. Egypt come to mind? How about Saudi Arabia? Hell, we sent people to Syria to be tortured yet we criticize that governments rule of law. I don't see you or the U.S. government going after them because the people don't give their consent to be ruled by those in power.

          I personally believe that we shouldn't be meddling in the affairs of others. That said,
    • by vertinox (846076) on Tuesday March 18 2008, @11:03AM (#22784134)
      If the Chinese government chooses to block YouTube, or any site which publishes articles critical of the government, that is their right. Every government, whether you like it or not, has the right to dictate the rules within its boundaries.

      Rights? Governments have no rights. Rights are inherent to the person and not the state. They can neither be granted nor taken away by the state.

      That said, Governments do have sovereignty which I agree that China has. However, the Chinese government does not have the right to torture, murder, or repress the freedom of its citizens. It is wrong and the practice should stop.

      Now I will admit, I have a very relativistic western view on the matter, but I don't see how you can say that killing protesters even if they are violent is OK.

      Even in the LA riots in the states we didn't have soldiers shooting people indiscriminately without attempts to use non-lethal methods.

      At the same time, I will agree that its not our business to go into China forcefully with our military and force them to stop (or any nation for that matter) but it doesn't mean we shouldn't ignore the fact they do such a thing.
      • Re: (Score:3, Insightful)

        No entity has inherent rights. Only the ability to assert his/her/its will.

        Even something so basic as having the right to live is meaningless unless they can stop those that decide they don't have that right.

        The reality is that moral arguments, the weight of public opinion, is founded on the threat that the public can pose. Some can choose to respect that power, but not everyone will, and clearly many governments do not.

    • *DEEP BREATH*

      Governments don't have rights, people have rights. Governments have a monopoly on the legitimate use of force and coercion, by popular support or not.

      Blocking access to Al Qaeda stuff...Not OK. No censorship is OK in a mature society (Pre-emptively punches slashdoter droning on about shouting fire in a crowded place. Not the same thing K) ...it's a slippery slope

      Now censorship works in that it raises the bar high enough so that Joe 6-pack is too lazy to go hunting for the information. There ar
    • by fondacio (835785) on Tuesday March 18 2008, @11:11AM (#22784236)
      It is a mistake to assume that governments still have unlimited leeway to do whatever they want within their borders. That is why we have human rights: to protect individual citizens against their states, and that's why organisations like Human Rights Watch can express opinions on the human rights situation in all countries, including China. In the past sixty years, these rights have grown from what you would probably call utopian ideals into actual legal rights in international law, so much so that the originally non-binding Universal Declaration of Human Rights [unhchr.ch], which celebrates its 60th anniversary this year, is now considered to be an expression of customary international law. If a notion of customary law is too vague for you, the fact still remains that the great majority of states have signed the International Covenant on Civil and Political Rights [ohchr.org], which guarantees the freedom of speech in Article 19, which includes the "freedom to seek, receive and impart information and ideas of all kinds". This right can only be restricted in accordance with the provisions of that article. China has signed up to this treaty, although it still has to ratify it. However, as a matter of treaty law it has to refrain from acts which would be incompatible with the purpose of the treaty there's quite a strong argument that arbitrary censorship violates it.

      I will be the first to admit that there are all kinds of shortcomings in the protection of human rights through international treaties, but the only point that I want to make here is that you are incorrect when you state that every government "has the right to dictate the rules within its boundaries". That right is no longer absolute, and in large part this is the result of governments providing the stick they are beaten with themselves by signing human rights treaties. It took only sixty years to get where we are now, so the utopian society you mention may be less than a thousand years away.
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