The Global Online Freedom Act of 2007 and Open Education
Wednesday, December 26th, 2007My attention has been recently diverted a bit by an update that I received a few days ago from WashingtonWatch about the Global Online Freedom Act of 2007 (H.R. 275). The tag line on the bill is that it is intended to promote freedom of expression on the Internet and protect United States businesses from coercion to participate in repression by authoritarian foreign governments. I investigated this proposed legislation because I thought that the notion of freedom of expression on the Internet was critical to online learning (eLearning) in general and to our recent postings about open educational resources (OER) quite directly. In fact, without a whole lot of effort or creativity, it would be pretty easy to connect parts of the conceptual underpinning of the Global Online Freedom Act to all three strategies that were outlined in the Capetown Open Education Declaration and some of the derivative works to increase the reach and impact of open educational resources. Note too that the Bill refers to Article 19 of the UN International Covenant on Civil and Political Rights for part of its philosophical underpinning.
Just to set the stage a bit, H.R. 275 is meant to support the following policy of the United States:
- to promote as a fundamental component of United States foreign policy the right of everyone to freedom of opinion and expression, including the freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers;
- to use all appropriate instruments of United States influence, including diplomacy, trade policy, and export controls, to support, promote, and strengthen principles, practices, and values that promote the free flow of information, including through the Internet and other electronic media; and
- to deter any United States business from cooperating with officials of Internet-restricting countries in effecting the political censorship of online content.
Please note that I do not want to get into how well the US government follows its own policy, etc. right now. If you want to comment on that, or on issues around implementation, please feel free. In any event, the Bill is, at least on its face, about enhancing and protecting access and reducing coercion. It is meant to address activities of selected foreign governments that are designated as “Internet-restricting countries.”
A government gets this designation when it blocks Internet sites or filters search engine terms and phrases relating to human rights, democracy, religious free exercise, and peaceful political dissent, both in general and as specifically related to the particular context and circumstances. In addition to blocking and filtering, H.R. 275 prohibits US businesses from locating (finding and giving away), within a designated Internet-restricting country, any electronic communication that contains any personally identifiable information. Currently Belarus, Cuba, Ethiopia, Iran, Laos, North Korea, the People’s Republic of China, Tunisia, and Vietnam would be identified as Internet-restricting countries.
The teeth in H.R. 275 come from applying sanctions of various types against offending governments (some sanctions will be determined only after the Bill is passed), and applying penalties to US businesses that contribute to offending activities. Offending activities by Microsoft and Yahoo are cited in documents that support the Bill. The coordination activities would fall under the purview of a newly established “Office of Global Internet Freedom,” while enforcement would fall to a number of US government agencies. Civil and criminal actions against US businesses would go through the Attorney General.
I see some connections between H.R. 245 and our previous dialogs around OER and Open Education, as indicated above, but I am wondering really what they might be. Given that H.R. 275 does provide civil and criminal recourse and also points to potential export controls, it could impact many US education providers who operate in Internet-restricting countries as partners with local universities and companies, or through branch campuses. I think too though that the notion of such legislation might have international interest. In early 2007 the following NGOs
- Reporters Without Borders
- Amnesty International
- Human Rights Watch
- China Information Center
- Committee to Protect Journalists (CPJ)
- Earth Rights International
- Laogai Research Foundation
- National Economic and Social Rights Initiative
- PEN USA
- PEN American Center
- Religious Freedom Coalition
- Robert F. Kennedy Memorial Center for Human Rights
- Secretariat of the International Network for Economic, Social and Cultural Rights (ESCR-Net)
- Sisters of St. Francis of Philadelphia
endorsed H.R. 275 in a Joint Statement to the members of Congress, the Subcommittee on Africa, Global Human Rights, and International Operations, because of the Bill’s “…effort to prevent U.S. companies from carrying out or facilitating the suppression of online speech in China and other countries.”
So, would this type of legislation be useful to educators? Would it potentially serve as a means to free up OER for use in various countries? Does it address fundamental access issues that are precursors for Open Education?
More pragmatically, does it potentially pose interesting questions for US universities who partner with universities in foreign countries that require “location of personally identifiable information” of students or faculty, wish to filter content, or block Internet sites?
I think that the Global Online Freedom Act of 2007 is one way that Internet Freedom and Open Education, which is predicated on various freedoms, is starting to align in various ways. I am not sure if national legislation is the most direct way forward, but it is becoming a factor in the dialog that will potentially impact education and education providers. Online learning and the Open Education movement raise the visibility, profile, and stakes of engaging in repression of education. Please feel free to share your thoughts!
