Paul Smalera

Lately Internet users in the U.S. have been worried about censorship, copyright legalities and data privacy. Between Twitter’s new censorship policy, the global protests over SOPA/PIPA and ACTA and the outrage over Apple’s iOS allowing apps like Path to access the address book without prior approval, these fears have certainly seemed warranted. But we should also remember that Internet users around the world face far more insidious limitations and intrusions on their Internet usage — practices, in fact, that would horrify the average American.

Sadly, most of the rest of the world has come to accept censorship as a necessary evil. Although I recently argued that Twitter’s censorship policy at least had the benefit of transparency, it’s still an unfortunate cost of doing global business for a company born and bred with the freedoms of the United States, and founded by tech pioneers whose opportunities and creativity stem directly from our Constitution. Yet by the standards of dictatorial regimes, Internet users in countries like China, Syria and Iran should consider themselves lucky if Twitter’s relatively modest censorship program actually keeps those countries’ governments from shutting down the service. As we are seeing around the world, chances are, unfortunately, it won’t.

Consider the freedoms — or lack thereof — Internet users have in Iran. Since this past week, some 30 million Iranian users have been without Internet service thanks to that country’s blocking of the SSL protocol, right at the time of its parliamentary elections. SSL is what turns “http” — the basic way we access the Web — into “https”, which Gmail, your bank, your credit card company and thousands of other services use to secure data. SSL provides data encryption so that only each end point — your browser and the Web server you’re logging into — can decrypt and access the data contained therein.

By blocking SSL, Iran has crippled Tor, a program that enables Internet users to anonymize not just their content but their physical location as well. Tor is a very common workaround for users in totalitarian regimes to access Twitter, Gmail, Facebook and other services. It’s hard to come up with an apt analogy for Iran’s unprecedented blockage — it’s not just that the letters you send are read by the Post Office and photocopied for their records, it’s that the Post Roads themselves have been closed off, so you can’t even send a letter in the first place. That’s the net effect of blocking SSL in Iran.

The hacking group Anonymous has brought down all kinds of websites in protest, mostly over copyright, in the U.S. and Europe. I don’t advocate their targeting any country’s servers for retribution, but where is the outrage or public demonstration or media attention over the denials of Iranians’ basic freedoms to communicate, via the Internet?

Unfortunately, it’s still too easy for Internet companies and even the Internet’s founding fathers to dismiss the importance of the tools they created in fostering free and open public dialogue, especially in places like Iran. Recently, legendary engineer and Google Vice-President Vint Cerf published a New York Times op-ed entitled “Internet Access is Not a Human Right,” where he wrote: “Internet access is always just a tool for obtaining something else more important.” How wrong he is. Cerf’s line of thinking eviscerates the Internet — the wonder of the modern world he helped build. Cerf argues that humans have the right to “lead healthy, meaningful lives,” including having “freedom from torture or freedom of conscience.” Yet, we live in the 21st century: It’s hard to see how, among people whose economies are developed enough to afford them communication devices, Cerf would excuse governments that curtail their citizens’ freedom and right to use the ultimate communications tool — the global network of the Internet. In fact, in underdeveloped parts of the world, the cost to have a cell phone that connects to the Web can be quite affordable.

I’m not arguing semantics here — if our society excludes the Internet from the fundamental rights of human communication, we also excuse totalitarian regimes like Iran’s from any repercussions when it comes to blocking that avenue of human contact. It’s a dangerous compromise to make in a world that only gets more digital with each passing day. And it also conveniently excuses the free world from having to do much of anything about it. We wouldn’t forgive Iran if it threw 30 million citizens into solitary confinement — so why would we ignore it when the Iranian government effectively cuts the entire population off from the outside world, to stifle their voices during a critical electoral cycle?

The U.S. and the free world have often engaged in global humanitarian missions in cases of genocide, famine and natural disaster. At what point will the deprivation of freedom of communication warrant such an intervention? The U.S. is already on guard itself against hacking attempts from Russia and China — intrusions by both rogue and government-sponsored actors — so how long will we tolerate countries’ depriving their citizens of Internet access?

It’s a tricky question, with no easy answer. However, contemplating it may prepare us for the possibility that the world’s first cyber-war could be fought not to cut off a country’s Internet hookup, but to restore it. After all, the Obama administration’s State Department petitioned Twitter to stay online during one recent Iranian uprising and has used the service to communicate with citizens there during another. Iran has now essentially shut down Twitter with its SSL blocking. Will the U.S. respond? If we do, we will set a precedent that calls into question the rights of any government to silence its citizens on a global communications network, putting us into thorny conflicts with China and other 21st century frenemies. But if we don’t, we are condoning the silencing of dissent and turning our backs on a century-long pledge to foster democracy wherever it might flourish — even if it’s online.

Photo: Technicians monitor data flow in the control room of an internet service provider in Tehran. Picture taken February 15, 2011. REUTERS/Caren Firouz

Twitter’s announcement this week that it was going to enable country-specific censorship of posts is arousing fury around the Internet. Commentators, activists, protesters and netizens have said it’s “very bad news” and claim to be “#outraged”. Bianca Jagger, for one, asked how to go about boycotting Twitter, on Twitter, according to the New York Times. (Step one might be… well, never mind.) The critics have settled on #TwitterBlackout: all day on Saturday the 28th, they promised to not tweet, as a show of protest and solidarity with those who might be censored.

Here’s the thing: Like Twitter itself, it’s time for the Internet, and its chirping classes, to grow up. Twitter’s policy and its transparency pledge with the censorship watchdog Chilling Effects is the most thoughtful, honest and realistic policy to come out of a technology company in a long time. Even an unsympathetic reading of the new censorship policy bears that out.

To understand why, let’s unpack the policy a bit: First, Twitter has strongly implied it will not remove content under this policy. If that doesn’t sound like a crucial distinction from outright censorship, it is. Taking the new policy with existing ones, the only time Twitter says it will ever remove a tweet altogether is in response to a DMCA request. The DMCA may have its own flaws, but it is a form of censorship that lives separately from the process Twitter has outlined in this recent announcement. Where the DMCA process demands a deletion of copyright-infringing content, Twitter’s censorship policy promises no such takedown: it promises instead only to withhold censored content from the country where the content has been censored. Nothing else.

To be sure, that’s censorship of a kind, but compared to the industry censorship even Americans have long lived with — take the Motion Picture Association of America, which still censors films based on dubious standards of taste and morality — it’s positively enlightened. And it never permanently destroys or pre-empts content, the way the MPAA does.

Further, for a country to censor content, it has to make a “valid and properly scoped request from an authorized entity” to Twitter, which will then decide what to do with the request. Twitter will also make an effort to notify users whose content is censored about what happened and why, and even give them a method to challenge the request. According to Twitter’s post, a record of the action will also be filed to the Chilling Effects website. The end result of a successful request is that the tweet or user in question is replaced by a gray box that notifies other readers inside the censoring country that the Tweet has been censored:

They’re gray boxes of shame alright, but not for the user, or for Twitter. It’s instead a bright signal to a country’s online citizens that their government is limiting their free speech. While the Egypt uprisings were powerful and in some part powered by Twitter, I can easily imagine a world where a censored tweet becomes the ultimate protest symbol; one that unfortunately deprives the protesters of content, but sends the message to protesters that their worst fears are right, and they ought not give up their fight.

The press organization Reporters Without Borders has sent a letter of protest to Twitter chairman Jack Dorsey, which is surprising considering the power of the gift that Dorsey has just given them. While some reporters get themselves on the ground to report from say, Syria, nothing can stop others in the U.S. or any other country from following the tweets of Syrian protesters, even if the Syrian government requests and is granted censorship of tweets within that country.

That’s the second important note: Twitter has made no mention of disabling users’ ability to tweet or of deleting a user because their tweets have been censored. Syria or some other country may choose to take down its communications grid or try to block access to Twitter, but short of such an action, it can’t stop tweets from reaching the outside world under this policy. In fact Twitter has strengthened its case to remain online in countries where free speech is threatened, possibly providing protesters with a valuable tool that would otherwise have been preemptively shut down.

If a government does engage in a cat-and-mouse game of blocking access, remember that nowhere else is the playing field more level between authorities and insurgents than online. Workarounds for Twitter blocks already exist, such as proxy servers that spoof the identity of users and their country of origin, and alternative access points (APIs) to reach the Twitter service.

Finally, reputation matters. Twitter has engendered much goodwill in the tech and international communities by its sterling behavior in both worlds. This is the company that put off a server upgrade to keep the tweets flowing from the Iran uprising in 2009, at the request of the U.S. State Department. It’s a company that’s managed to play by the rules while also leveling the playing field of communication as no other service has since Alexander Bell’s telephone. There’s nothing about this announcement that smacks of any change in policy or attitude; rather it seems like an honest attempt to abide by country-specific rules of law, while also exposing the power of those laws to citizens in countries where freedoms have been abridged. (Forbes as an example, mentions it is illegal to insult a French bureaucrat. One can imagine the uprising in France if the government tried to censor a Tweet insulting Sarkozy or one of his ministers, which would presumably lead to a rapid re-writing of that law.)

As long as no country can ever make a claim to censor a tweet on a worldwide basis, that tweet will exist somewhere on Twitter’s servers, and someone will be able to see it. By laying down clear rules for country-specific censorship, Twitter has implicitly stated that no government, company or individual has the power to eradicate a tweet it doesn’t like from the face the Earth. Twitter has laid down the rules by which it will hold countries accountable, and by which it will hold itself accountable, at least when it comes to censorship.

They are so fair as to be without precedent, and if they are violated, the world presumably will be able to see the hypocrisy in an instant. That’s a maturity that many — governments, corporations, and yes, sniping tweeters — have rarely shown when it comes to censorship or privacy policies. (Hello, SOPA, PIPA, ACTA, DMCA, Facebook and the rest!)

Besides, if Twitter were as evil as its critics would have us believe, would we be able to see the results of the ongoing #TwitterBlackout? If we are living in a world where corporations have more power than government, I’ll take that level of transparency from a new media company, every day.