DN!:  “We’re joined by Rebecca MacKinnon in Washington, D.C., author of Consent of the Networked: The Worldwide Struggle for Internet Freedom.

“We welcome you to Democracy Now! Rebecca, the internet has been touted as such a tremendous liberating force. When we look at the events of this past year, the uprisings throughout the Middle East, part of the discussion of how that moment came is because of the internet, because of social media. And yet you talk about, more often than not, the internet is being used to spy on, to crack down on—spy on people, crack down on civil liberties. Talk about what you have found and how this relates to the legislation that we’re seeing now being developed in Washington.”

Rebecca MacKinnon:  “Well, thanks very much, Amy, for having me on here today.

“And just to connect my book to the issues that you were just discussing in the previous segment about the Protect IP Act and the Stop Online Piracy Act, I think the reason why this—these issues are so important for ordinary Americans and really go beyond just sort of a nerdy, geeky technical issue is that in today’s society, we, as citizens, increasingly depend on internet services and platforms, mobile services and platforms, not only for our personal lives and our businesses and our jobs, but also for our political discourse and political activism, getting involved with politics. And so, it’s very important that people who are exercising power, whether they’re corporate or whether they’re government, that are exercising power over what we can see, over what we can access, over what we can publish and transmit through these digital spaces, need to be held accountable, and we need to make sure that power is not being abused in these digital spaces and platforms that we depend on. And so, that’s why this SOPA and PIPA legislation and the fight over it is so important, is who are you empowering to decide what people can and cannot see and do on the internet, and how do you make sure that that power is not going to be abused in ways that could have political consequences. And we’ve actually seen how existing copyright law has sometimes been abused by different actors who want to prevent critics from speaking out.

“But coming back to the Arab Spring, my book is not about whether the good guys or the bad guys are winning on the internet. The internet is empowering everybody. It’s empowering Democrats. It’s empowering dictators. It’s empowering criminals. It’s empowering people who are doing really wonderful and creative things. But the issue really is how do we ensure that the internet evolves in a manner that remains consistent with our democratic values and that continues to support people’s ability to use these technologies for dissent and political organizing. And while the internet was part of the story in the Arab Spring in terms of how people were able to organize, it’s not so clear to what extent it’s going to be part of the story in terms of building stable democracies in countries like Tunisia and Egypt, where the dictators did fall, let alone in a number of other countries.

“In Tunisia, for instance, there is a big argument going on, now that they’ve had their set of democratic elections to the Constitutional Assembly, and they’re trying to write their constitution and figure out how to set up a new democracy. And Tunisia, under Ben Ali, was actually one of the most sophisticated Arab countries when it came to censoring and surveillance on the internet. And quite a number of the people who have been democratically elected in Tunisia are calling for a resumption of censorship and surveillance for national security reasons, to maintain public morals and public order. And there’s a huge debate going on about what is the role of censorship and surveillance in a democracy, and how do you make sure that power is not abused.

“And they turn and look at the United States, they look at Europe, and censorship laws are proliferating around the democratic world. And there’s not sufficient discussion and consideration for how these laws are going to be abused. And we’ve seen, actually, in Europe, with a number of efforts to censor both copyright infringement as well as child pornography and so on, that a lot of this internet blocking that happens, even in democracies, oftentimes exercises mission creep, so things that weren’t originally intended to be blocked end up getting blocked when the systems are in place. It’s really difficult to make sure that the censorship does not spread beyond its original intent. It’s very hard to control. So, this is one of the issues.

“It’s not that the internet isn’t empowering. It’s not that the internet can’t help the good guys—it certainly does. But we’re at a critical point, I think, in history, where the internet is not some force of nature. How it evolves and how it can be used and who it empowers really depends on all of us taking responsibility for making sure it evolves in a direction that’s compatible with democracy, and that it doesn’t empower the most powerful incumbent governments or the most powerful corporations to decide what we can and cannot see and do with our technology.”

 DN!:  “Rebecca MacKinnon, talk about the phenomenon, Control 2.0.”

Rebecca MacKinnon:  “Right. So, Control 2.0 is what I refer to in terms of how authoritarian governments are evolving in the internet age. And so, one example I use is China. And China, in many ways, is exhibit A for how an authoritarian state survives the internet. And how do they do that? They have not cut off their population from the internet. In fact, the internet is expanding rapidly in China. They now have over 500 million internet users. And the Chinese government recognizes that being connected to the global internet is really important for its economy, for its education, for its culture, for innovation. Yet, at the same time, they have worked out a way to filter and censor the content overseas that they feel their citizens should not be accessing.

“And what’s even more insidious, actually, is the way in which the state uses the private sector to conduct most of its censorship and surveillance. So, actually, what we know as the Great Firewall of China that blocks Twitter and Facebook, that’s only one part of Chinese internet censorship. Actually, most Chinese internet users are using Chinese-language websites that are run by Chinese companies based in China, and those companies are all held responsible for everything their users are doing. And so, they have to hire entire departments of people to monitor their users at the police’s behest and also to not just block, but delete content that the Chinese government believes infringes Chinese law. And, of course, when—in a country where crime is defined very broadly to include political and religious dissent, that involves a great deal of censorship. And it’s being conducted, to a great degree, not by government agents, but by private corporations who are complying with these demands in order to make a profit in China.”

 DN!:  “Rebecca, talk about specifics, like Facebook, Facebook—changes in Facebook features and privacy settings, exposing identities of protesters to police in Egypt, in Iran. Talk about Google. Talk about Apple removing politically controversial apps.”

Rebecca MacKinnon:  “Right. So, for instance, with Facebook, Facebook has its own kind of type of governance, which is why I call private internet companies the “sovereigns of cyberspace.” And so, Facebook has a rule where it requires that its users need to use their real name, their real identity. And while some people violate that rule, that makes them vulnerable to having their account shut down if they are discovered. And so, the reason they do this is that they want people to be accountable for their speech and prevent bullying and so on. And that may make sense in the context of a Western democracy, assuming that you’re not vulnerable in your workplace or anything like that, which is even a question, but it means that you have to be—as an Egyptian activist or as an activist in Syria and so on, you’re more exposed, because you have to be on Facebook using your real name.

“And actually, a group of prominent activists in Egypt who were using Facebook to organize an anti-torture movement were doing so, before the regime fell, under fake names, and actually, at a critical point where they were trying to organize a major protest, their Facebook group went down, because they were in violation of the terms of service. And they actually had to find somebody in the U.S. to take over their Facebook page so that they could continue to operate.

“And you also have a lot of cases of people in Iran. There have been a number of reports of people being tortured for their Facebook passwords and so on. And the fact that Iranian users are, in most cases, using their real names makes them a great deal more vulnerable.

“And as you know, here in the United States, Facebook recently was subject to a fine and had to reach a settlement with the Federal Trade Commission because of the changes in its privacy settings that had been sudden at the end of 2009. People had made assumptions about whether their friends could be seen or not publicly. Suddenly those settings changed, and it exposed a lot of people in ways that, in some cases, were very dangerous.

“But also, let’s take some other companies and some of the issues that users face. Apple, in its App Store, it has different versions of its App Store in different parts of the world. And their Chinese App Store censors applications that the Chinese government believes to be controversial. So, for instance, the Dalai Lama app in the Apple Store is not available in China. But Apple employees are also making a lot of other judgments about what content is and isn’t appropriate, that goes according to standards that are much more narrow than our First Amendment rights. So, for instance, an American political cartoonist, Mark Fiore, had an app in which he was making fun of a range of politicians, including President Obama, and Apple App Store nannies decided to censor that app, because they considered it to be too controversial, even though that speech was clearly protected under the First Amendment. So you have companies making these judgments that go well beyond sort of our judicial and constitutional process.

“You also have Amazon, for instance, dropping WikiLeaks, even though it had not been accused, let alone, convicted, of any crime, simply because a number of American politicians objected to WikiLeaks. And so, there is this issue of: are companies, in the way in which they operate their services, considering the free expression rights and privacy rights of their users sufficiently to ensure that we’re able to have robust dissent, that people can speak truth to power in a manner that may be making current government officials very, very uncomfortable, but which is clearly protected both under our Constitution and the Universal Declaration of Human Rights?”

 DN!:  “Rebecca—”

Rebecca MacKinnon:  “Should we be expecting companies to push back a bit more?”

 DN!:  “I wanted to ask you about the newly released government documents that reveal the Department of Homeland Security hired the military contractor General Dynamics to monitor postings of U.S. citizens on dozens of websites. The sites monitored included Facebook and Twitter, as well as several news sites, including the New York Times, Wired, The Huffington Post. General Dynamics was asked to collect reports that dealt with government agencies, including CIA, FEMA, ICE. Your thoughts?”

Rebecca MacKinnon:  “Well, this is exactly the kind of issue that we need to deal with in a democracy. Now, if they have been hired to monitor postings that citizens are putting on a public website, I think that’s a reminder that our public information is public and that it’s being mined and watched by all kinds of people. But it’s also an example of why privacy settings are so important and why—why it’s important that people should be able to be anonymous if they want to be on the internet, if they fear consequences or if they fear misuse of the way in which they’re carrying out political discussions that could be used against them in different ways.

“And there’s also a real issue, I think, in the way in which our laws are evolving when it comes to government access to information stored on corporate servers, that is supposed to be private, that we are not intending to be seen in public, which is that, according to the PATRIOT Act and a range of other law that has been passed in recent years, it’s much easier for government agencies to access your email, to access information about your postings on Twitter, even if they’re anonymous, than it is for government agents to come into your home and search your personal effects. To do that, they need a warrant. There is very clear restriction on the government’s ability to read your mail. Yet, according to current law, if your email is older than 180 days old, the government can access your email, if it’s stored on Gmail or Yahoo! or Hotmail, without any kind of warrant or court order. So, there’s a real erosion of our Fourth Amendment rights, really, to protection from unreasonable search and seizure. And this is going on, I think, to a great degree without a lot people realizing the extent to which our privacy rights are being eroded.”

DN!:  “Rebecca, we have 30 seconds, but the significance of Wednesday, of tomorrow, of Wikipedia and many other websites going dark in protest of the legislation here in the United States? What do you think is the most important issue people should take away from what’s happening and also from your book, Consent of the Networked?”

Rebecca MacKinnon:  “Well, I think the action tomorrow really demonstrates that internet censorship affects everybody, it’s not just affecting people in China, that this is an issue that we all need to be concerned about, and it can happen in democracies as well as in dictatorships.”

And the core message of my book is that if we want democracy to survive in the internet age, we really need to work to make sure that the internet evolves in a manner that is compatible with democracy, and that means exercising our power not only as consumers and internet users and investors, but also as voters, to make sure that our digital lives contain the same kind of protections of our rights that we expect in physical space.”

DN! :  “Rebecca MacKinnon, I want to thank you very much for being with us, senior fellow at the New America Foundation, co-founder of Global Voices Online. Her new book is called Consent of the Networked: The Worldwide Struggle for Internet Freedom.”

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