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Tech Giants In Human Rights Deal

Posted by CmdrTaco on Wed Oct 29, 2008 08:00 AM
from the this-can't-hurt-right dept.
Ostracus writes "Microsoft, Google and Yahoo have signed a global a code of conduct promising to offer better protection for online free speech and against official intrusion." Anyone want to know what this means for China & Australia? I bet it means even less to all of us in America where every major data center has a secret room where the government sniffs our packets.
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  • Talk is cheap (Score:5, Insightful)

    by elrous0 (869638) * on Wednesday October 29 2008, @08:03AM (#25553403)

    Unless these companies are willing to stand up and pull out of countries like China if their governments refuse to back down, then this agreement is as worthless as the paper it's written on. The same advice applies to business PR spin as applies to political PR spin: "Look at actions, not words, for the REAL story."

    And yes, this privacy policy should apply to the U.S. government as well. No special exception should be made just because the U.S. President runs around yelling "9-11!"

    • Stand up and pull out? No, there's a reason Google's execs are buying fighter jets...
      • Re:Talk is cheap (Score:4, Insightful)

        by elrous0 (869638) * on Wednesday October 29 2008, @09:07AM (#25554185)
        You're only obligated to abide by a country's laws if you have chosen to business there in the first place. Just because Saudi Arabia has the death penalty for religious blasphemy doesn't mean I have to move my company in there and help the motherfuckers.
      • Re:Talk is cheap (Score:4, Insightful)

        by MindKata (957167) on Wednesday October 29 2008, @09:28AM (#25554573) Journal
        "I think we all now what this agreement is: PR "

        My first thought on hearing the headline, was at last. Something good? But yeah, reading the details, its just PR. But the more I think about it, the more its likely to be actually worse than just PR.

        Without any legal teeth, this near useless agreement is simply to placate and blind the masses, into believing something is being done to maintain freedom and fairness. So if anything, as it stands, its worse than not having an agreement. Because now, every time something bad is added to Big Brother, they will wave this bit of paper and say something like... "but, everyone, we are thinking of all of you. Look we signed this agreement, to say we care." ... Yeah, right, and its not for their own gain, that they data mine us all and then sell us all to their highest bidder, while silencing any attempt for any news organizations to speak out against them. But then how many of the news organizations are also playing along.

        Since the start of the whole web 2.0 user generated content idea became popular, some people in power have said many times, how much they hate user generated content. But then, its no wonder they do hate it, as its likely the only way the full truth is getting out these days. Plus in countries like the UK, they want to create literally Big Brother to monitor everything that is said online. While Australia wants to censor the net. ... Oh sorry Big Brother, should I have also said China was bad... yeah, they are bad, but listen to our media, they constantly point only at someone else, and then look away, when its Big Brother aimed at all of us.

        No wonder some people in power want to monitor, control and even at times, silence user generated content. People may actually discuss political points of view, rather than be simply spoon feed points of view, by the large news organizations, like Rupert Murdoch's group.
  • Good news, but (Score:5, Interesting)

    by aproposofwhat (1019098) on Wednesday October 29 2008, @08:10AM (#25553455)

    I'll bet there's something in there 'respecting local laws' or similar, so the code will have no teeth.

    As soon as the Chinese say 'this AC is suspected of being Falun Gong', or the French say 'this AC has a SS dagger for sale', or the Australians say 'this AC has offended Family First', each and every signatory to the code will lube up and bend over.

    Sorry, but I don't think Google, Microsoft or Yahoo have the balls to stand up for free speech when faced with a lawsuit.

    • Actually they are pushing search engines to respect the relevant country's laws, but also do a little pushing back. If an official in randomforiegncountry asks for the names of some people the company in question is supposed to push back a little and ask if their request is compliant with their own laws. It was cited that often a local official in China would approach a company and ask for names, but this local official isn't necessarily following China's federal laws.

      But otherwise I agree, these companies

      • Re: (Score:2, Interesting)

        The part about laws does make a difference. In China the constitution is not exactly liberal, but it is more liberal than the behaviour of the police against dissidents would imply.

        E.g.
        http://en.wikipedia.org/wiki/Constitution_of_the_PRC [wikipedia.org]
        Article 35 of the 1982 State Constitution proclaims that "citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration." In the 1978 constitution, these rights were guaranteed, but so were

  • except ... morals (Score:5, Insightful)

    by Meneth (872868) on Wednesday October 29 2008, @08:17AM (#25553525)
    The "principles" they've signed can be disregarded if necessary to protect "national security or public order, or public health or morals".

    This is, of course, interpreted so broadly by those in power that the declaration becomes essentially useless.
    • Re: (Score:3, Insightful)

      "essentially useless" ???? How about truly useless?

      The simple fact is, as they say, the proof is in the pudding. Had any of these computing behemoths actually previously stood up against governments or oppressive groups in the past, their pact might actually be cause to think brightly about the future. Sadly, historically they have all shown themselves to be in the business of collecting dollars rather than collecting accolades from human rights organizations. Signing the pact does not indicate any true dev

      • Re: (Score:3, Interesting)

        I guess we all miss the point here.

        It is not about 3 giants agreeing to "defend" Human Rights.

        It is 3 giants agreeing between themself that none of them will grow a conscience overnight, starts fighting for Human Rights and makes bad press for the other 2. Example: Google pulling out of China ... that would make MS and Yahoo look so bad. At the end of the day - future money is maybe in China, but today money is still in US/EU.

        So, not useless ... for them - just the same kind of PR-spin than DRM.

    • The "principles" they've signed can be disregarded if necessary to protect "national security or public order, or public health or morals".

      "We promise to uphold liberty and free speech. Unless they become, y'know, inconvenient or something."

  • Unless NGO's have an office/unit internally within Yahoo, Microsoft, and Google to oversee their conducts and verify their compliance to the flashy Global Code they are taunting - all this is just a PR stunt.

    With ANY company:

    • FIRST comes MONEY!!!
    • SECOND comes morals (if any, and entirely optional).
  • sniff away (Score:3, Funny)

    by Corpuscavernosa (996139) on Wednesday October 29 2008, @08:25AM (#25553605)

    a secret room where the government sniffs our packets.

    I plan on not showering so I can have the most skid-marked packets for their sniffing pleasure.

    As for China, I'm sure they'll just going to go along with this. That's what they usually do in reply to any external pressure regarding online rights. They just didn't realize the errors of their ways!

  • (And maybe some other people)

    What does it mean when Google says they will be doing business in china? Would China normally block www.google.com unless they get a business license in China? Is there another reason why the average Chinese citizen wouldn't have access to google.com? (or google.cn or èæOE or whatever?)

    Or is this just that Google wants to start selling advertisements in China?

  • by gillbates (106458) on Wednesday October 29 2008, @08:27AM (#25553625) Homepage Journal

    Any contract or promise contrary to the law is null and void.

    "It is very little more than a broad statement of support for a general principle without any concrete backup mechanism to ensure that the guidelines will be followed."

    This is little more than a PR stunt used to shore up their public image. The agreement language is vague, and there are questions about if it is even binding. It can probably not even be enforced, because in most countries, conspiracy is a crime. So if a company should do anything which would hinder prosecution, they could be charged with:

    • Conspiracy, if it can be shown that they knew, or should have known, of illegal activity using their systems.
    • Obstruction of justice (USA) if it can be shown that they destroyed evidence of illegal activity, or failed to comply with mandatory logging requirements.
    • In the US, their assets could be seized under RICO... While this might sound like a stretch, RICO has been used against political protesters in the past.
    • In the US, the ability to wiretap voice communications is required under CALEA. The government has made no secret of the fact that even following the law need not be a hindrance when there's a question of terrorism involved, and has punished companies which refused to break the laws regarding limits on surveillance.
    • Given that there is legislation pending, or perhaps even signed into law, which allows civil forfeiture for copyright violations, trumping up "probable cause" to seize a company's assets is little more than a paper shuffle these days. If the war on drugs is any indication, the government will use laws such as these to ensure that companies are "cooperative" with its surveillance efforts, legal or not.

    I'm not counting on this having any effect other than people saying, "Look, Google really isn't evil!". Which is exactly the intended effect.

    • Any contract or promise contrary to the law is null and void.

      I'd like to know which specific law you're talking about. The Patriot Act? DMCA? The US Constitution?

      • IANAL but from what I remember from from business law classes in school, contract law says something to the effect that: Any contract or promise contrary to the law is null and void.

        You can't have a binding contract to do something illegal (as part of the contract)
    • In the US, the ability to wiretap voice communications is required under CALEA.

      Not just voice -- ISP's providing broadband Internet service must provide the ability to tap customers' Internet traffic as well.

  • by tgd (2822) on Wednesday October 29 2008, @08:30AM (#25553643)

    One of my cats was sniffing my packets when I woke up this morning.

    Freakin' weirdo.

  • I'd worry less about the government sniffing and more about double-click, google or other advertisers. They're poised to bombard you with junk created just to tempt you, while the gov can't keep track of its own watchlists. Anyway, you're still allowed to encrypt packets to keep the g-men out... for now.
  • "better protection for online free speech and against official intrusion."

    Are they trying to protect us, or themselves against ? Am I getting cynical in my old age, or does this read like it's a demand for less red-tape/taxes etc. dressed up as protecting our rights to free speech?
  • TFA doesn't include it, and without being able to read it, it's all hearsay.

    -jcr

  • by Matt Perry (793115) on Wednesday October 29 2008, @08:39AM (#25553727)

    There's nothing in the article that talks about how this will be enforced. So, I want to know how will this be enforced? What will be the repercussions for a company that violates the agreement? How will compliance be measured and accounted for? Who will oversee this to ensure that the companies involved are complying? Without answers to these questions this agreement among companies is "just promises." And promises are largely worthless.

  • http://www.eff.org/deeplinks/2008/10/global-network-initiative [eff.org]

    For almost two years, EFF has been a participant in negotiations between human rights groups, investors, academics and Internet companies -- including Yahoo!, Google, and Microsoft -- aimed at improving how those businesses deal with free expression and privacy issues around the world.

    Today, the results of that discussion have been announced. The Global Network Initiative is a set of principles on free expression and privacy that the companies have agreed to follow in all countries they do business within, together with a set of implementation guidelines and a skeleton for an independent watchdog body that will monitor companies for compliance with these principles.

    Still, the EFF isn't completely satisfied with the results:

    It's not a perfect set of documents. EFF continues to work in the Initiative, but we do have concerns with the limits of this initial agreement:

            * There is no obligation to inform Internet users of the storage location of personal data, and from where it is accessible.
            * There is no commitment to inform users when they hand over their information to agents of government and law enforcement.
            * There is no binding requirement to develop privacy and anti-censorship technologies and include them in new products.
            * GNI assessors are selected by the companies themselves from a list of neutral groups, and do not have untrammeled access to all relevant company documents.

    When it comes to addressing their involvement in worldwide human rights abuses, the first step for Internet companies had been admitting that there is a problem. With the Global Network Initiative, Microsoft, Yahoo, and Google have gone further, and begun to embed human rights assessments into their own company structure. We hope many other companies will join them.

  • a secret room where the government sniffs our packets

    I thought I read:

    where the gov't sniffs our packages.

    Sure feels that way sometimes...sick gov't!

  • by nysus (162232) on Wednesday October 29 2008, @08:52AM (#25553927)
    "Code of Conduct" is a euphemism for "idealized behavior that we can put aside when practical reality sets in." What we really need are LAWS that are enforced and that punish people the agencies and authorities in power when they are broken.
  • by oDDmON oUT (231200) on Wednesday October 29 2008, @08:55AM (#25553969)

    They were largely responsible for the Great [wired.com] Firewall [newsmax.com] of China [wired.com].

    So I would think that their involvement, as well as that of Nortel and other network gear OEMs, is more desirable than that of Application/OS/Search companies.

  • "I bet it means even less to all of us in America where every major data center has a secret room where the government sniffs our packets."

    And, since you're willing to make an outright lie such as that, your opinion means what?
  • After all, you've just told everybody about them...

  • I bet it means even less to all of us in America where every major data center has a secret room where the government sniffs our packets.
    .

    The government knows 300,000,000 people who interest it more than you.

    The geek is infinitely more likely to sniffed at by his boss, his neighbor, his wife and kids, his dog - assuming he has been out of the basement long enough to acquire one or all of the above.

    _____

    This being the season of Halloween, I have been wonderingly idly what horrors truly lie behind that

    • Re:Paranoia (Score:4, Funny)

      by camperdave (969942) on Wednesday October 29 2008, @08:20AM (#25553549) Journal
      Yeah! How can the rooms be secret if you're posting them on Slashdot. Now the secret rooms under the ###### ### #########, they are the true danger.
    • Re: (Score:2, Interesting)

      I'd personally rather have them sniff my packets than outright block things I love. Australia obviously missed the memo: http://video.google.com/videoplay?docid=5430343841227974645&hl=en [google.com]
    • Re:Paranoia (Score:4, Informative)

      by FourthAge (1377519) on Wednesday October 29 2008, @08:23AM (#25553571) Homepage Journal
      It's not far off reality. There isn't an NSA room in every data centre, but there might as well be, since their placement at major Internet hubs throughout the USA is equivalent. The [gameshout.com] story [theregister.co.uk] is quite well known.
      • Re:Paranoia (Score:5, Informative)

        by krappie (172561) on Wednesday October 29 2008, @08:31AM (#25553663)

        I used to work as a sysadmin for a major datacenter. There was no room as far as I knew. If there was, it was pretty hidden from everyone.

        We did have people from the FBI or Secret Service come in every once in a while and ask for a hard drive out of a server. We'd tell the customer he had hardware problems as we mirrored the drive.

        Also, it seems obvious that if the government wanted to spy on traffic, they wouldn't do it at endpoints like datacenters. They would do it at major routers.

        • Same here.

          Google and Yahoo are both building major new datacenters within 15 miles of me, and Microsoft is building a new one within 100 miles. I plan on checking out all the new datacenters as well when I apply for jobs there.

        • yes that is exactly what they do. DataCenters in general is overbroad, so lets call them Telco CommCenters instead.

          They don;t have a tap in my companies server room, they have a tap in my companies ISPs server room.
        • ...and I thought they used ECHELON to spy on all traffic Net, Phone, other ....

          Which the likes of US companies could do nothing about ....

        • Re:Paranoia (Score:5, Insightful)

          by Bender0x7D1 (536254) on Wednesday October 29 2008, @09:42AM (#25554817) Homepage

          We did have people from the FBI or Secret Service come in every once in a while and ask for a hard drive out of a server. We'd tell the customer he had hardware problems as we mirrored the drive.

          Did you make sure they had the proper warrants? Did you inform the customers of the real reason for the problems if they didn't have warrants, or if they didn't have gag orders? If you didn't protect your customers from federal agents overstepping their bounds, or informing them of the actions of the federal agents, you are part of the problem.

          Now, if they had the proper warrants and court orders, then, by all means, you should help them out. If not, then you should tell them to read the Constitution and get back to you when they have done their job properly.

          • If cop shows like CSI are even slightly accurate, if you tell a cop to get a warrant, they get a warrant to search your whole business, then they seize all of your servers and backups to make sure they got the relevant data, and you never get them back due to all the red tape. And since they're the good guys on these shows, I suppose we're all supposed to cheer them on! Just about every time a store owner says "No you can't have my camera tapes without a warrant" good old Jim Brass says "OK, we'll get a w
        • We did have people from the FBI or Secret Service come in every once in a while and ask for a hard drive out of a server. We'd tell the customer he had hardware problems as we mirrored the drive.

          This might be the scariest thing I've ever read. You wouldn't tell the customer that someone showed up with a court order to see the drive and you had no choice but to comply? Did the FBI or SS at least show up with a court order? Did your legal department always review it first, how long did they have to do that? In what way were you bound to not tell the customer?

          It makes me itch in a very major way that the customer's legal department never got engaged. I can't imagine that you guys would defend

          • Do other /.'ers have experience with being forced to turn over 3rd party private data?

            Where I used to work (an ISP), I would occasionally have to provide usage logs, etc. on customers. However, the requests *always* came from the ISP's legal department. If ever I received a direct request (IIRC, it happened once or twice), I sent it to legal before replying with the information. I'd *pull* the data as soon as I got a notice, but I absolutely, positively did not divulge it until my legal department ok'd the request. For that matter, as I recall (it's been a while...), I only gave the inf

        • We did have people from the FBI or Secret Service come in every once in a while and ask for a hard drive out of a server. We'd tell the customer he had hardware problems as we mirrored the drive.

          I strongly hope that you asked for the warrant before sending out the "Sorry for the inconvenience" message, and told them to get lost if they couldn't produce it? Otherwise, I'd sure like to know where that is, so I can avoid it.

          • I worked at a major data center about 10 years ago. There was no secret room but there was hidden equipment that belonged to the government. I was fairly high up in the company and I only learned about it years after it was installed. I was never officially told about it, but my boss happened to mention what it was one day. If he hadn't mentioned it, I would never have suspected it was there.

            "Damn, this toupee itches! My grandfather stole it from Dwight Eisenhower"

      • Perhaps you should clarify, for hyperbole's sake, that there is one NSA room in one major hub. It's well-known now, and the government has gotten quite a lot of crap about it.

        Conspiracy theory is when you extend this, sans evidence, to "they must have one in every major hub".

        • Re: (Score:3, Interesting)

          They don't necessarily have a "secret room", but as I understand, CALEA, etc., requires every telco to have a plan in place to apply a tap to every circuit that they provide.

          Yes, I am a network administrator at a telco, and yes, the company I had to work for had to produce a CALEA-compliance plan about a year ago.
          • Now, that's certainly believable. But having a plan in place to apply a tap to every circuit they provide is different from having such a tap active.

            I don't really think they should even have a plan in place to do such a thing, but the typical hyperbolic statement is "the government is actively monitoring all of your packets and phone conversations", which simply isn't true.

    • Re: (Score:3, Informative)

      No, we just pay attention to Congressional Testimony. http://www.wired.com/science/discoveries/news/2006/05/70908 [wired.com]
    • They're not always in a room, in some places they have a cage like everyone else. Referred to as the "fed rack".

      Common knowledge, not conspiracy theory.