Censorship

in the UK and the Chinese great firewall Ali Raza LLB(Hons) Law

Today in the 21st century, the Internet has revolutionized every aspect of human life. From social networking and communication1to health, education and shopping. In a somewhat short time, the Internet has developed into an essential and indispensable instrument for todays society.2 In this age of globalization there are around two billion people around the world connected to the Internet,3 the flow of information, ideas and communication has never been so great on this borderless medium. For some nations4 the development of the Internet represents a threat to their power and safety while for others it represents a threat to the development of the young. With many states wanting to protect their legal, cultural, political and social systems from the potentially harmful and illegal information harbouring on the internet, the practice of censorship has become ever more prevalent.5 Some nation states have had to forcefully resist the spread of such networks6 states Rheingold, while others have adopted more subtle techniques. This paper will illustrate how states have resorted to so-called self-regulatory or censorship as tools to control the flow of information in the ever-developing World Wide Web. The first section will examine Pornography, harmful and illegal content. Particular reference will be made to the UK, and Australian approach to the issue. The second section will examine Chinas attempt to build a firewall to censor politically sensitive information. Followed by a reasoned conclusion as to how far the development of Internet has affected the nation states ability to control the flow of information and how effective their responses have been. Section I Pornography has been one of the most contentious issues since the inception of the Internet,7 an issue that has attracted the growing attention of the UK government. Its easily accessible nature has
1

Facebook a social networking site has around 800 million users; Access at: http://www.facebook.com/press/info.php?statistics (last access, 29-02-12) 2 Donna L. Hoffman, Thomas P. Novak and Alladi Venkatesh, Has The Internet Become Indispensable? Empirical Findings and Model Development (2004) Communications of the ACM, July, 47(7), 37-42. 3 International Telecommunications Union (2010 report), access at: http://www.itu.int/ITU-D/ict/facts/2011/material/ICTFactsFigures2010.pdf (last access 29-02-12) 4 Shanthi Kalathil and Taylor C. Boas, The Internet and state control in authoritarian regimes: China, Cuba, and the counter-revolution, First Monday, Volume 6, Number 8 - 6 August 2001. Available at: http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/876/785 (Last accessed 29-03-12) 5 James Fallows, Censoring the Internet: It's Not Just for China Any More! Atlantic (Nov 2011), Available at: http://www.theatlantic.com/technology/archive/2011/11/censoring-the-internet-its-not-just-for-china-any- more/248612/ (Last accessed 29-03-12) 6 Geoffrey Ebbs and Howard Rheingold, Censorship on the Information Highway (1994) Information Management & Computer Security, Vol. 2 No. 4, , pp. 30-31, MCB University Press Limited, 0968-5227. 7 Jerry Ropelato, Internet Pornography Statistics. Available at: http://internet-filter-review.toptenreviews.com/internet-pornography-statistics.html (Last accessed 29-03-12)

caused a moral panic8 shared by the government, judiciary, media and the population in general.9 While there have been many attempts to control the availability of pornography by nation states, the cultural, moral and legal variations make it difficult to define it in a global society, states Akdeniz. 10 It is important initially to differentiate between harmful content such as pornography and illegal content such child pornography, the two are different in nature and should not be confused.11 The UK government has long seen the need to protect the young and the public from pornographic material or information, which is obscene or harmful.12 While its a bastion of freedom of expression,13 it has implemented a series of measures for the protection of the health and morals14 of its people. The Obscene Publications Act 1959 (OPA) states that an article shall be deemed obscene if its effect taken as a whole tends to deprave and corrupt persons.15 The act was primarily criticised for providing no clear rationale behind the approach to what constitutes obscene material.16 Its weak nature and inability to control information on the fast moving internet led to the introduction of Section 6317 of the Criminal Justice and Immigration Act 2008. It created a new offence for the publication or possession of extreme pornographic images. An extreme image is defined as grossly offensive, disgusting, or otherwise of an obscene character.18 As the existing legislation was being circumvented by the ever-developing nature of the Internet, this new offence was much needed to keep up with the technological change, and introduce clarity to the law. Nonetheless it has been criticised for obscuring the law even further.19 Firstly, the definition of extreme images resurrects the OPA definition and moves away from the notion of harm.20 Secondly,

8 9

Stanley Cohen, Forks devils and Moral Panics: Creation of Mods and Rockers (Blackwell 1987) Wallace J and Mangan M, Sex, Laws and Cyberspace: Freedom and Censorship on the Frontiers of the Online Revolution, Henry Holt & Company (1996). 10 Akdeniz Yaman, 'The Regulation of Pornography and Child Pornography on the Internet (1997)22 (1) The Journal of Information, Law and Technology (JILT), page 2, (introduction). 11 European Commission Communication, Illegal and Harmful Content on the Internet, (March 2004), Available at: http://ec.europa.eu/public_opinion/archives/ebs/ebs_203_en.pdf (Last accessed 29-03-12) 12 Supra note 10 13 European Convention On Human Rights 1953, Article 10; implemented in The Human Rights Act 1998 Article 10. 14 Ibid, Article 8 (2) 15 The Obscene Publications Act 1959, Section 1 (1) 16 Clare McGlynn and Erika Rackley, Criminalising extreme pornography: A lost opportunity (2009) Criminal Law Review, 4, 245-260 17 th It came into force January 26 2009 18 Criminal Justice and Immigration Act 2008, Section 63 (6) (b) & (7) 19 Supra note 16 20 Ibid

the broad definition of what constitutes possession has also caused controversy. In R v Porter,21 the defendant had deleted the files on the hard drive but was unaware that they were retrievable. Thus, to convict some proof must established showing that the defendant did not believe the images were out of his custody and control.22 Akdeniz believes this introduces a subjective element into the concept of physical possession in the context of computer images.23 Furthermore such a standpoint lacks clarity and understanding.24 While section 63 of the CIJA may be a lost opportunity25 to bring much needed certainty over the publication or possession of extreme pornographic images, it also demonstrates a profound lack of understanding about pornography and its harms26 on the governments part for sticking by the OPA principles. The global nature of the Internet means it is difficult to predict the impact of this legislation, furthermore the lack of cases shows that legislation in not the whole answer, a view shared by the UK government.27 Thus, the government has set up further self-regulatory initiatives to combat the issue. The Internet Watch Foundation (IWF) has created hotlines for the reporting of illegal and obscene Internet content, the emphasis being on the former. The IWF, as an industry based self- regulatory body, financed by the Internet Service Providers (ISPs) and it is not an accountable public body.28 It acts upon reports sent by users, once it locates the undesirable content; it informs all British ISPs for the removal of the content located, and the relevant law enforcement agencies.29 The organisations annual reports have shown a gradual decrease in the amount of illegal content

21 22

[2006] EWCA Crim 560; [2006] 2 Cr. App. R. 25. Ibid, [2006] 2 Cr. App. R. 25, Dyson LJ at 8 and 16. 23 Yaman Akdeniz, Possession and Dispossession: a critical assessment of defences in possession of indecent photographs of children cases [2007] Crim. L.R. 274, 283. 24 Liberty, Liberty's Committee Stage Briefing on the Criminal Justice and Immigration Bill in the House of Commons (2007), page 18, Available at: http://www.liberty-human-rights.org.uk/pdfs/policy07/crimjust-immbill-committee.pdf (Last accessed 29-03- 12) 25 Supra note 16 26 Ibid, see conclusion 27 See, House Of Lords, Select Committee on Science and Technology, 5th Report: Information Society: Agenda for Action in the UK, 23 July 1996. (Para 4, 162). Available at: http://www.parliament.the-stationery-office.co.uk/pa/ld199596/ldselect/inforsoc/inforsoc.htm (Last accessed, 03-03-12) 28 See the IWF website for more information; http://www.iwf.org.uk/about-iwf (Last accessed 29-03-12) 29 See the IWF website for a structured report process; http://www.iwf.org.uk/hotline/report-process (Last accessed 29-03-12)

originating in the UK.30 Its 2010 report shows that out of 48,702 reports, only 0.4% of content originated in the UK.31 While the UK government and industry leaders continue to sing the IWFs success,32 others remain rather sceptical. Akdeniz states, while illegal material is removed from the UK ISPs servers, the same material will continue to be available on the Internet carried by the foreign ISPs in their own servers.33 Thus, concluding while the IWF is a good initiative at a local level, it may be ineffective at controlling content flowing in from other jurisdictions. However, the IWF maintains that it continues to work with the European Unions Safer Internet Programme34 and has international partners with whom it collaborates information for the removal of undesirable content.35 According to Nadine Strossen, it is not the job of private policing organisations to judge the suitability or illegality of Internet content,36 rather illegality remains a matter to be decided by courts of law states Akdeniz.37 Further advocating that the unaccountable structure of the organisation highlight its undemocratic nature.38 With the vast amount of harmful and adult content floating so accessibly on the Internet, parents and Internet users are concerned about protecting their children and vulnerable people from such content.39 At present there are around 25 well known filtering products,40 they allow parents to customise, block and monitor web content.41 The UK government has continually supported such

30

See the IWF website for annual reports; http://www.iwf.org.uk/accountability/annual-reports (Last accessed 29-03-12) 31 Internet Watch Foundation Annual Report 2010, page 8. Available at: http://www.iwf.org.uk/accountability/annual-reports/2010-annual-report (Last accessed 29-03- 12) 32 Ibid 33 Yaman Akdeniz, Internet Content Regulation, UK Government and the Control of Internet Content, (2001) Computer Law & Security Report Vol. 17 no. 5 303 34 For more information, see the Europa website; http://ec.europa.eu/information_society/activities/sip/index_en.htm (Last accessed 29-03-12) 35 See the IWF website for more information; http://www.iwf.org.uk/partnerships/international (Last accessed 29-03-12) 36 Professor Nadine Strossen, from an ACLU Press Release, ACLU Joins International Protest Against Global Internet Censorship Plans, 9 September 1999 37 Supra note 33 38 Ibid 39 Terri Apter, Access to Internet Pornography: Are Parents Concerns Justified? Available at: http://www.psychologytoday.com/blog/domestic-intelligence/201103/access-internet- pornography-are-parents-concerns-justified (Last accessed 29-03-12) 40 See, Benchmarking of Parental control tools for the online protection of children, SIP-Bench II, Assessment results and methodology 2nd Cycle. Available at: http://ec.europa.eu/information_society/activities/sip/docs/sip_bench2_call/sip_bench_2nd_cycle_report.pf (Last accessed 29-03-12) 41 Ibid, page 7

products stating they can be extremely useful in helping parents control what their children access.42 The UKs four biggest ISPs now provide an opt-in parental control service.43 While the support for such products remains, recent highly credible reports confirm the ineffectiveness of such filtering systems in blocking general harmful content but slightly better with adult content.44 Furthermore as Akdeniz states such products do not reflect the cultural differences in a global environment such as the Internet.45 What is considered simply sexually explicit but not obscene in England may well be obscene in many other countries and vice versa.46 Furthermore the SIP BENCH II report, concludes that the products work considerably better on the English language than any other. 47 It has been argued that such filtering products facilitate the suppression of speech far more effectively than national laws alone ever could.48 While they enter homes under the guise of parental control and as a purported alternative to government censorship,49 they present a more indirect and subtle technique for states to censor content. In addition, these products result in the exclusion of socially useful websites and information; they may filter potentially educational materials regarding AIDS and drug abuse prevention.50 Thus Mehta may be right in saying that the value of censorship and the agents traditionally responsible for instituting it are less clear.51 Furthermore, The Economic and Social Committee of the European Commission concluded that filtering and rating systems are impractical and ineffective measures for the long term.52 In Australia, the Broadcasting Services Amendment (Online Services) Act 1999 was introduced as an alternative to filtering products to control harmful content on the Internet.53 While it can order take
42

Department of Trade and Industry, Net Benefit: The Electronic Commerce Agenda for the UK, DTI/Pub 3619, (October 1998). 43 Ben Quinn, Biggest four UK ISPs switching to 'opt-in' system for pornography, Available at: http://www.guardian.co.uk/society/2011/oct/11/pornography-internet-service-providers?intcmp=239 (Last accessed 29-03-12) 44 Supra note 40, page 22 45 Supra note 33 46 Supra note 10 47 Supra note 40, page 22 48 See the Global Internet Liberty Campaign Statement submitted to the Internet Content Summit, Munich, Germany, September 1999, Available at: http://w2.eff.org/Censorship/Censorware/19990907_gilc_intl_ratings_statement.html (Last accessed 29-03- 12) 49 Supra note 33 50 Ibid 51 Michael Mehta, Censoring Cyberspace, (2002) American Journal of Social Science 30 (2) pp319-338 52 Economic and Social Committee of the European Commission, Opinion on the Proposal for a Council Decision adopting a Multiannual Community Action Plan on promoting safe use of the Internet, (OJEC, 98/C 214/08, Brussels-Luxembourg, 10 July,1998, page 29-32). 53 Australian Broadcasting Authority, Investigation Into the Content of On-line Services, Report to the Minister for Communications & the Arts, (Sydney: ABA, 30 June 1996).

down notices to Australian sites hosting what is believed to be X or RC material,54 foreign ISPs may also be asked take all reasonable steps to prevent end users from accessing the content.55 Critics argued that the legislation would make Australia the village Idiot of the Internet world,56 as the government was trying to legislate locally over a global phenomenon.57 Furthermore plans are in place for ISPs to provide mandatory Internet filters free from pornography, and inappropriate material.58 Critics have argued that the filter is too broad and at the very least the government should reconsider to an opt-in model.59 The failure of the UK government to draw up a harder lined legislation to supersede the OPA and combat harmful content on the internet shows a real unwillingness of the government to impinge peoples freedom of expression. While it acknowledges that there is a need to protect the vulnerable, it has resorted to more self-regulatory initiatives such as the IWF in order to achieve a middle ground. Akdeniz proposes the establishment of a working group with members from the public and private sphere to tackle the real problem of illegal and harmful content at a UK level, rather than the undemocratic and ineffective IWF.60 How pragmatic such a proposal may be is questionable. The IWF represents a valiant attempt by the Internet industry, government and the public to address and stabilise such a fragile and sensitive area. It may not be a total solution but it is the beginning of a proportionate response. Some have argued that putting pressure on the ISPs to solve the content related issues is not the way forward,61 it will not only hamper the development of the internet,62

54 55

Broadcasting Services Act (1992), S30 Ibid, s40(1)(c). 56 Nadine Strossen, President of American Council for Civil Liberties, quoted in Australia Urged to Repeal Law Sydney Morning Herald Business Section 24/8/99; Carolyn Penfold, Village Idiot, or Wisest Person in Town? Internet Content Regulation in Australia, (2006) 3:2 UOLTJ 333, page 335, Available at: http://www.uoltj.ca/articles/vol3.2/2006.3.2.uoltj.Penfold.333-352.pdf (Last accessed 29-03-12) 57 Peter Coroneos, Internet Content Control in Australia: Attempting the Impossible? UNSWLJ Forum, Internet Content Control 6(1) March 2000 p26. 58 Conroy announces mandatory Internet filters to protect children: http://www.abc.net.au/news/2007-12-31/conroy-announces-mandatory-internet-filters-to/999946 (Last accessed 29-03-12) 59 Australia puts Internet filtering system on hold for 12 months, see comments the of Simon Sheikh, chief executive of online activist group GetUp! And Karim Temsamani, managing director of Google Australia and New Zealand, Available at: http://www.guardian.co.uk/technology/2010/jul/09/australia-internet-filtering-system?INTCMP=SRCH (Last accessed 29-03-12) 60 Akdeniz, Y., Global Internet Liberty Campaign Submission on illegal and harmful content, to the Irish Minister for Justice, July 1997 Access at: http://www.cyber-rights.org/reports (Last accessed 29-03-12) 61 Yaman Akdeniz, Bohm, N, & Walker, C, Internet Privacy: Cyber-Crimes vs Cyber-Rights, (1999) Computers & Law, (10) 1,April/May, 34-39; Yaman Akdeniz, New Privacy Concerns: ISPs, Crime prevention, and Consumers Rights, [2000] International Review of Law, Computers and Technology, 14 (1), 55-61. 62 Joel Reidenberg, Governing Networks and Cyberspace Rule-Making, (1996) Emory Law Journal (45) 911

but the electronic commerce in the UK.63 While Rheingold argues that, it is futile to pretend that it can remain an intellectual playground for ever.64 Ebbs questions whether it is technically possible or morally right.65 While the Australians have adopted more stringent approach, it remains to be seen how effective and stable it will prove to be in the long term. The ever-developing virtual world requires a multi layered66 approach, extra resources must be made available to educate parents, teacher and librarians of the potentially harmful content on the Internet, so they can instil a solid moral grounding in children.67 Section II While the UK has adopted a subtler approach, the Chinese have been rather forceful in their quest to control information on the Internet. The exponential growth of the Internet in China68 poses an insurmountable threat to the authoritarian regime;69 it can serve as a powerful interactive tool for people to share information, viewpoints, hold discussions and even organize.70 Convinced that it is fighting a covert war against hostile external forces,71 the communist state has vowed to maintain strong a social and political order over its people on the Internet.72 While restricting the access citizens have to information published outside the country,73 it has also embarked on a series of initiatives at a local level, all in the aim to create a political environment favourable to the communist regime.74
63 64

Supra note 10 Supra note 6 65 Ibid 66 Supra note 10 and 33 67 Supra note 6 (Ebbs) 68 th China Internet Network Information Center (CNNIC) 27 Statistical Report on Internet Development, confirms internet users in late 2010 were over 450 million, page 5; available at: http://www1.cnnic.cn/uploadfiles/pdf/2011/2/28/153752.pdf (Last accessed 29-03-12) 69 Shanthi Kalathil and Taylor C. Boas, The Internet and state control in authoritarian regimes: China, Cuba, and the counter-revolution, First Monday, Volume 6, Number 8 - 6 August 2001. Available at: http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/876/785 (Last accessed 29-03-12) 70 David Bandurski, Chinas Guerrilla War for the Web, (2008) Far Eastern Economic Review (July), Available at http://www.feer.com/essays/2008/august/chinas-guerrilla-war-for-the-web (Last accessed 29-03-12) 71 Ibid 72 David Bandurski, State Council viceminister (Cai Mingzhao) reiterates control as top priority of Internet development in China, China Media Project (4 December), Available at: http://cmp.hku.hk/2007/12/04/763/ (Last accessed 29-03-12) 73 Greg Walton, Chinas Golden Shield: Corporations and the Development of Surveillance Technology in the Peoples Republic of China (2001), Available at: http://www.dd-rd.ca/site/_PDF/publications/globalization/CGS_ENG.PDF (Last accessed 29-03-12) 74 Supra note 70

The Golden shield Project colloquially referred to as the Great Firewall of China (GFW) is a large- scale surveillance and censorship project undertaken by the Chinese government in 1998.75 A part of this project entails the censoring of politically sensitive information, for example events related to the Taiwanese independence, the outlawed group Falun Gong,76 websites promoting a western agenda such the BBC or CNN, etc.77 It has adopted a number of technically efficient techniques, such as IP filtering, redirecting and blocking domain names, URL filtering, packet filtering, etc78 to combat the ever developing internet. Blogs and discussion boards are also a popular medium for people to share political information, while the blogosphere is a much more freewheeling space than the mainstream media79 for distributing such information. The government understands that it has the potential to create internal dissemination, thus it has sought to control and use this medium to their advantage. The creation of an Internet Police in the form of private citizens from all over the country who enlist as volunteers or paid commentators to guide online conversations in a progovernment direction or to act as watchdogs, reporting antigovernment conversations to the authorities.80 While some conclude it is an effective tool to spread propaganda to win the Chinese peoples hearts and minds.81 Li Yonggang believes that the deployment of such commentators to combat the ubiquitous nature of the Internet reflects the weakening of the communist partys ideological control.82 While most regard the gateways of this firewall as the most technically advanced in the world,83 fallows remains unconvinced, stating its either crude and slapdash or ingenious and well crafted.84
75 76

Supra note 73, page 15 Supra note 70 77 Supra note 73, page 9 78 For a detailed explanation of the workings of these methods and technologies, See, James Fallows, The Connection Has Been Reset, Atlantic (March), Available at: http://www.theatlantic.com/doc/200803/chinese-firewall. (Last accessed 29-03-12) 79 Rebecca Mackinnon, Chinas censorship 2.0, Ho companies censor bloggers, First Monday, Volume 14, Number 2 - 2 February 2009, available at: http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/viewArticle/2378/2089%23author%23aut hor; (Last accessed 29-03-12) For techniques adopted by bloggers to get around censors in Blogs, See , Ashley Esarey and Qiang Xiao, 2008. Below the Radar: Political Expression in the Chinese Blogosphere, Asian Survey, volume 48, number 5 (September/October), pp. 752772, 80 Supra note 70 81 Qiang Xiao, 2007. China censors Internet users with site bans, cartoon cop spies, San Francisco Chronicle (23 September), available at: http://www.sfgate.com/cgibin/article.cgi?f=/c/a/2007/09/23/INCLS80LO.DTL (Last accessed 29-03-12) 82 Supra note 70, Li Yonggang, assistant director of the Universities Service Centre for China Studies at the Chinese University of Hong Kong. 83 Race to the Bottom Corporate Complicity in Chinese Internet Censorship, Human Rights Watch, Volume 18, No. 8(C), August 2006, page 3, Available at: http://www.hrw.org/reports/2006/08/09/race-bottom

The creation of a proxy server allows a user to connect with a computer outside China, popular among students and hackers, it is free to install and operate. A virtual private network creates an encrypted channel the firewall cannot read, used by most foreign businesses; it is also available to individuals.85 While some have been quick to conclude that GFW is a misguided and futile attempt,86 the slow Internet speeds created by a proxy server and the VPN may not be financially practical to the ordinary Chinese person.87 In the end the GFW makes the quest for information just enough of a nuisance that people generally wont bother.88 Thus while it may not supress all unwanted harmful information, the GFW has sufficiently strangled the availability of the majority of unwanted content on the Internet. While the Chinese have the technical capability to supress such loopholes,89 they are faced with a very uneasy paradox. As Walton states, political control is dependent on economic growth and economic growth requires the modernization of information technologies, which in turn, have the potential to undermine political control.90 Criticised by many human rights organisations and western leaders91 for disrespecting key UN treaties,92 and limiting the peoples freedom of speech unjustifiably.93 It is ironic how such attacks have a real ring of hypocrisy to them; the Wikileaks94 saga

OpenNet Initiative, 2005. Internet Filtering in China in 20042005: A Country Study, Available at: http://opennet.net/studies/china (Last accessed 29-03-12); See also supra note 73 84 Supra note 78 85 Ibid 86 Oliver August, The Great Firewall: China's Misguided and Futile Attempt to Control What Happens Online, Wired (23 October), Available at: http://www.wired.com/politics/security/magazine/15-11/ff_chinafirewall (Last accessed 29-03-12) See also, supra note 73, page 5 (executive summary) 87 Supra note 78 88 Ibid 89 Supra note 78 90 Supra note 73 91 Barack Obama criticises internet censorship at meeting in China: http://www.guardian.co.uk/world/2009/nov/16/barack-obama-criticises-internet-censorship-china (Last accessed 29-03-12) Hillary Clinton criticises Beijing over internet censorship: http://www.guardian.co.uk/world/2010/jan/21/hillary-clinton-china-internet-censorship (Last accessed 29-03- 12) 92 Universal Declaration of Human Rights, See Article 18,19,28 International Covenant on Civil and Political Rights 1966, see Article 19 93 Human Rights watch report (supra note 83) page 17 24; Imprisoned for Peaceful Expression Chinese Journalist Shi Tao imprisoned for 10 years: http://www.amnestyusa.org/our-work/cases/china-shi-tao (last access 15-03-12); Supra note 76, see various different cases on page 10. 94 Jonathan Fildes, What is Wikileaks? Available at: http://www.bbc.co.uk/news/technology-10757263 (Last accessed 29-03-12)

led to the US blocking access to the site in its public establishments,95 and highlighting the uneasy dilemma the Chinese face. The Wikileaks example illuminates the powerful development the Internet has made in the flow of information. It highlights the easy nature in how sensitive and potentially dangerous information can be shared worldwide and how nation states may find themselves powerless to stop it.96 It seems then that China finds itself increasingly cornered, with Google withdrawing its censoring services over an alleged email hacking,97 and relocating to Hong Kong.98 There appears to be a real belief that this could trigger a major threat to Chinas censorship of online content.99 With non- governmental organizations buoyed by Googles reform,100 it remains to be seen how much longer the likes of Microsoft, Yahoo and Skype will continue providing censored services. Whether the Chinese government will comprise in a future dispute is debatable, but with the netizens on the rise, it is essential china retain the services of such corporations to assist the GFW in censoring harmful and contentious information and sustained economic development. While in the current climate, the GFW and paid commentators form a broad, potent, and effective strategy in controlling the information available to citizens on the Internet. The Arab Spring is a stark reminder to the Chinese government of the potential might of the Internet, a might that overpowered even the valiant efforts of the Egyptian government.101 Therefore to prevent such a revolution, Kalathil and Boas believe that China will have to continually adapt their measures of control if they want to counter effectively the challenges of future variations in information and communication technologies.102 Furthermore the greatest challenge to the countrys power does

95

Ewen MacAskil,l US blocks access to WikiLeaks for federal workers: http://www.guardian.co.uk/world/2010/dec/03/wikileaks-cables-blocks-access-federal (Last accessed 29-03- 12) 96 Jon Swaine, WikiLeaks release: Why law is powerless to stop WikiLeaks from publishing: http://www.telegraph.co.uk/news/worldnews/northamerica/usa/8152285/WikiLeaks-release-Why-law-is- powerless-to-stop-WikiLeaks-from-publishing.html (Last accessed 29-03-12) 97 Tania Branigan, Google to end censorship in China over cyber attacks: http://www.guardian.co.uk/technology/2010/jan/12/google-china-ends-censorship (Last accessed 29-03-12) 98 Tania Branigan, Google angers China by shifting service to Hong Kong: http://www.guardian.co.uk/technology/2010/mar/23/google-china-censorship-hong-kong?intcmp=239 (Last accessed 29-03-12) 99 bid 100 United States: Amnesty International USA Commends Google's Stand Against Internet Censorship: http://www.amnestyusa.org/news/press-releases/united-states-amnesty-international-usa-commends- google-s-stand-against-internet-censorship (Last accessed 29-03-12) 101 Alexandra Dunn, Unplugging a Nation: State Media Strategy During Egypts January 25 Uprising, THE FLETCHER FORUM OF WORLD AFFAIRS, VOL.35:2 SUMMER 2011 102 Supra note 4

not come from foreign Web spies or other external forces but from a growing unrest in the domestic population.103 Conclusion The global nature of the Internet empowers ordinary people to share information effortlessly, for the UK government it poses an uneasy dilemma. On the one hand there is a desire to protect the young and vulnerable from the vast amount of harmful material, yet at the same time it is very wary of supressing peoples freedom of expression. While section 63 of the CJIA 2008 was drafted to combat the developing nature of the Internet, it was a lost opportunity to bring much needed control. Its obscure and vague definitions highlight the legislature reluctance to adopt a stringent line of law. Yet initiatives such as the IWF, filtering products, and the major ISPs offering a parental control feature highlight a desire to not let the medium go totally uncontrolled. While total reliance should not be placed on initiatives such as the IWF, as Internet content will always be available from sources outside the UK, it represents a part of the solution rather than a problem to controlling harmful content on the Internet. The self-regulatory approach adopted by the UK means that it was inevitable that the development of the Internet would impinge the governments control over the flow of information. For the Chinese the ever-developing Internet has led to the implementation of draconian measures. The GFW uses a number of technically efficient techniques to filter out potentially harmful and politically sensitive information originating on the Internet. Paid commentators are employed to guide discussions and act as watchdogs over blogs, discussion boards and social networks, to combat internal dissemination. The GFW is hailed as the most technically advanced filtering system in the world, yet it cannot control all unwanted harmful and contentious information. While it may remain workable in the short to medium term, there is growing pressure from the mass public, non- governmental organisations, corporations and nation states that threatens to undermine it. Faced with an economic and political paradox, the continued development of the Internet is likely to affect the governments control over the free flow of information. Nonetheless at present the development of the Internet has only led to stronger and more determined measures employed over the information available to citizens. Moreover it remains to be seen what course of action the Chinese will take in the coming years.
103

Supra note 70

Bibliography Legislation
Universal Declaration of Human Rights European Convention On Human Rights 1953 International Covenant on Civil and Political Rights 1966 The Obscene Publications Act 1959 Human Rights Act 1998 Broadcasting Services Amendment (Online Services) Act 1999 Criminal Justice and Immigration Act 2008

Cases
R v Porter [2006] EWCA Crim 560; [2006] 2 Cr. App. R. 25

Books
Akdeniz Y, Internet child pornography and the law: national and international responses, Ashgate; 4 Ed edition (2008) Cohen S, Forks devils and Moral Panics: Creation of Mods and Rockers (Blackwell 1987) Goldsmith, J and Wu, T. Who Controls the Internet: Illusions of a Borderless World Oxford: OUP, 2006 Kizza J M, Civilizing the Internet Global Concerns and Efforts Toward Regulation (McFarlane and Company Inc Publishers 1998) Wallace J and Mangan M, Sex, Laws and Cyberspace: Freedom and Censorship on the Frontiers of the Online Revolution, Henry Holt & Company (1996).
th

Journals / Articles / Reports

Akdeniz Y, 'The Regulation of Pornography and Child Pornography on the Internet (1997)22 (1) The Journal of Information, Law and Technology (JILT). Akdeniz Y, Bohm, N, & Walker, C, Internet Privacy: Cyber-Crimes vs Cyber-Rights, (1999) Computers & Law, (10) 1,April/May, 34-39 Akdeniz Y, New Privacy Concerns: ISPs, Crime prevention, and Consumers Rights, [2000] International Review of Law, Computers and Technology, 14 (1), 55-61. Akdeniz Y, Internet Content Regulation, UK Government and the Control of Internet Content, (2001) Computer Law & Security Report Vol. 17 no. 5 303 Akdeniz Y, Possession and Dispossession: a critical assessment of defences in possession of indecent photographs of children cases [2007] Crim. L.R. 274, 283. Coroneos P, Internet Content Control in Australia: Attempting the Impossible? UNSWLJ Forum, Internet Content Control 6(1) March 2000 p26. Department of Trade and Industry, Net Benefit: The Electronic Commerce Agenda for the UK, DTI/Pub 3619, (October 1998).

Donna L. Hoffman, Thomas P. Novak and Alladi Venkatesh, Has The Internet Become Indispensable? Empirical Findings and Model Development (2004) Communications of the ACM, July, 47(7), 37-42. Dunn A, Unplugging a Nation: State Media Strategy During Egypts January 25 Uprising, THE FLETCHER FORUM OF WORLD AFFAIRS, VOL.35:2 SUMMER 2011. Ebbs G and Rheingold H, Censorship on the Information Highway (1994) Information Management & Computer Security, Vol. 2 No. 4, , pp. 30-31, MCB University Press Limited, 0968-5227. Economic and Social Committee of the European Commission, Opinion on the Proposal for a Council Decision adopting a Multiannual Community Action Plan on promoting safe use of the Internet, (OJEC, 98/C 214/08, Brussels-Luxembourg, 10 July,1998, page 29-32). Esarey A and Xiao Q,. Below the Radar: Political Expression in the Chinese Blogosphere, Asian Survey, volume 48, number 5 (September/October), pp. 752772. (2008) McGlynn C and Rackley E, Criminalising extreme pornography: A lost opportunity (2009) Criminal Law Review, 4, 245-260 Mehta M, Censoring Cyberspace, (2002) American Journal of Social Science 30 (2) pp319-338 Penfold C, Village Idiot, or Wisest Person in Town? Internet Content Regulation in Australia, (2006) 3:2 UOLTJ 333 Race to the Bottom Corporate Complicity in Chinese Internet Censorship, Human Rights Watch, Volume 18, No. 8(C), August 2006. Reidenberg J, Governing Networks and Cyberspace Rule-Making, (1996) Emory Law Journal (45) 911

Internet sources
International Telecommunications Union (2010 report), access at: http://www.itu.int/ITU-D/ict/facts/2011/material/ICTFactsFigures2010.pdf Shanthi Kalathil and Taylor C. Boas, The Internet and state control in authoritarian regimes: China, Cuba, and the counter- revolution, First Monday, Volume 6, Number 8 - 6 August 2001. Available at: http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/876/785 James Fallows, Censoring the Internet: It's Not Just for China Any More! Atlantic (Nov 2011), Available at: http://www.theatlantic.com/technology/archive/2011/11/censoring-the-internet-its-not-just-for-china-any-more/248612/ Jerry Ropelato, Internet Pornography Statistics. Available at: http://internet-filter-review.toptenreviews.com/internet-pornography-statistics.html European Commission Communication, Illegal and Harmful Content on the Internet, (March 2004), Available at: http://ec.europa.eu/public_opinion/archives/ebs/ebs_203_en.pdf Liberty, Liberty's Committee Stage Briefing on the Criminal Justice and Immigration Bill in the House of Commons (2007), Available at: http://www.liberty-human-rights.org.uk/pdfs/policy07/crimjust-immbill-committee.pdf House Of Lords, Select Committee on Science and Technology, 5th Report: Information Society: Agenda for Action in the UK, 23 July 1996, Available at: http://www.parliament.the-stationery-office.co.uk/pa/ld199596/ldselect/inforsoc/inforsoc.htm Internet Watch Foundation Annual Report 2010, Available at: http://www.iwf.org.uk/accountability/annual-reports/2010- annual-report Terri Apter, Access to Internet Pornography: Are Parents Concerns Justified? Available at: http://www.psychologytoday.com/blog/domestic-intelligence/201103/access-internet-pornography-are- parents-concerns-justified

Benchmarking of Parental control tools for the online protection of children, SIP-Bench II, Assessment results and methodology 2nd Cycle. Available at: http://ec.europa.eu/information_society/activities/sip/docs/sip_bench2_call/sip_bench_2nd_cycle_report.pf Global Internet Liberty Campaign Statement submitted to the Internet Content Summit, Munich, Germany, September 1999, Available at: http://w2.eff.org/Censorship/Censorware/19990907_gilc_intl_ratings_statement.html Akdeniz, Y., Global Internet Liberty Campaign Submission on illegal and harmful content, to the Irish Minister for Justice, July 1997 Access at: http://www.cyber-rights.org/reports th China Internet Network Information Center (CNNIC) 27 Statistical Report on Internet Development, confirms internet users in late 2010 were over 450 million, available at: http://www1.cnnic.cn/uploadfiles/pdf/2011/2/28/153752.pdf Shanthi Kalathil and Taylor C. Boas, The Internet and state control in authoritarian regimes: China, Cuba, and the counter- revolution, First Monday, Volume 6, Number 8 - 6 August 2001. Available at: http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/876/785 David Bandurski, Chinas Guerrilla War for the Web, (2008) Far Eastern Economic Review (July), Available at http://www.feer.com/essays/2008/august/chinas-guerrilla-war-for-the-web Greg Walton, Chinas Golden Shield: Corporations and the Development of Surveillance Technology in the Peoples Republic of China (2001), Available at: http://www.dd-rd.ca/site/_PDF/publications/globalization/CGS_ENG.PDF James Fallows, The Connection Has Been Reset, Atlantic (March), Available at: http://www.theatlantic.com/doc/200803/chinese-firewall Rebecca Mackinnon, Chinas censorship 2.0, Ho companies censor bloggers, First Monday, Volume 14, Number 2 - 2 February 2009, available at: http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/viewArticle/2378/2089%23author%23author Qiang Xiao, 2007. China censors Internet users with site bans, cartoon cop spies, San Francisco Chronicle (23 September), available at: http://www.sfgate.com/cgibin/article.cgi?f=/c/a/2007/09/23/INCLS80LO.DTL OpenNet Initiative, 2005. Internet Filtering in China in 20042005: A Country Study, Available at: http://opennet.net/studies/china Oliver August, The Great Firewall: China's Misguided and Futile Attempt to Control What Happens Online, Wired (23 October), Available at: http://www.wired.com/politics/security/magazine/15-11/ff_chinafirewall Jonathan Fildes, What is Wikileaks? Available at: http://www.bbc.co.uk/news/technology-10757263 Jon Swaine, WikiLeaks release: Why law is powerless to stop WikiLeaks from publishing: http://www.telegraph.co.uk/news/worldnews/northamerica/usa/8152285/WikiLeaks-release-Why-law-is-powerless-to- stop-WikiLeaks-from-publishing.html

Website links
Facebook a social networking site has around 800 million users; Access at: http://www.facebook.com/press/info.php?statistics See the IWF website for a structured report process; http://www.iwf.org.uk/hotline/report-process See the IWF website for annual reports; http://www.iwf.org.uk/accountability/annual-reports For more information on EU Safer Internet Programme, see the Europa website; http://ec.europa.eu/information_society/activities/sip/index_en.htm

See the IWF website for more information on its international partners; http://www.iwf.org.uk/partnerships/international Ben Quinn, Biggest four UK ISPs switching to 'opt-in' system for pornography, Available at: http://www.guardian.co.uk/society/2011/oct/11/pornography-internet-service-providers?intcmp=239 Conroy announces mandatory Internet filters to protect children: http://www.abc.net.au/news/2007-12-31/conroy-announces-mandatory-internet-filters-to/999946 Australia puts Internet filtering system on hold for 12 months, see comments the of Simon Sheikh, chief executive of online activist group GetUp! And Karim Temsamani, managing director of Google Australia and New Zealand, Available at: http://www.guardian.co.uk/technology/2010/jul/09/australia-internet-filtering-system?INTCMP=SRCH Barack Obama criticises internet censorship at meeting in China: http://www.guardian.co.uk/world/2009/nov/16/barack-obama-criticises-internet-censorship-china Hillary Clinton criticises Beijing over internet censorship: http://www.guardian.co.uk/world/2010/jan/21/hillary-clinton-china-internet-censorship Imprisoned for Peaceful Expression Chinese Journalist Shi Tao imprisoned for 10 years: http://www.amnestyusa.org/our-work/cases/china-shi-tao Ewen MacAskil,l US blocks access to WikiLeaks for federal workers: http://www.guardian.co.uk/world/2010/dec/03/wikileaks-cables-blocks-access-federal Tania Branigan, Google to end censorship in China over cyber attacks: http://www.guardian.co.uk/technology/2010/jan/12/google-china-ends-censorship Tania Branigan, Google angers China by shifting service to Hong Kong: http://www.guardian.co.uk/technology/2010/mar/23/google-china-censorship-hong-kong?intcmp=239 United States: Amnesty International USA Commends Google's Stand Against Internet Censorship: http://www.amnestyusa.org/news/press-releases/united-states-amnesty-international-usa-commends-google-s- stand-against-internet-censorship David Bandurski, State Council viceminister (Cai Mingzhao) reiterates control as top priority of Internet development in China, China Media Project (4 December), Available at: http://cmp.hku.hk/2007/12/04/763/

Other
Professor Nadine Strossen, from an ACLU Press Release, ACLU Joins International Protest Against Global Internet Censorship Plans, 9 September 1999 Australian Broadcasting Authority, Investigation Into the Content of On-line Services, Report to the Minister for Communications & the Arts, (Sydney: ABA, 30 June 1996). Nadine Strossen, President of American Council for Civil Liberties, quoted in Australia Urged to Repeal Law Sydney Morning Herald Business Section 24/8/99