Translating Norms to the Digital Age

Increasingly, the free flow of information and the ability to communicate is considered a human right that needs to be protected online as well as offline, especially in the most repressive countries in the world. The 2009 Green Movement in Iran and the Arab Spring were powerful examples of the new technological reality we live in. However, comprehensive U.S. sanctions that ban the export of goods and services to Iran, Syria, Sudan, Cuba, and North Korea remain largely outdated in recognizing how communications technology can benefit both the civilian population and serve broader American foreign policy goals. Instead, these restrictions have negative consequences on the population, inadvertently aiding the repressive regimes that seek to control access to information within their borders. In this paper, we offer a comprehensive analysis of how exceptions and authorizations for information and personal communication technology have been integrated into various country-specific sanctions regimes, especially since 2009. We argue that the recent evolution mirrors the 1990s “smart sanctions” reform process and the provisions allowing the export of humanitarian goods like food and medical supplies to sanctioned countries in an attempt to minimize harm to ordinary individuals. Drawing on existing precedents, we offer a series of recommendations aimed at harmonizing and streamlining the patchwork of current provisions authorizing the export of critical communications technology. The goal is to update sanctions in order to translate existing norms to the digital age and to make it easier and less costly for both government and private companies to act.