Table of Contents
Ideal vs. Reality: Understanding the Liberal-Democratic Gap
China and Russia do not share the liberal-democratic view of the internet—quite the contrary, in fact. The Chinese and Russian governments have long emphasized security of the state over ideas of openness, resilience, and decentralization (online as much as offline). In addition to censoring content and aggressively cracking down1 on the ability of foreign companies to operate in and thereby influence their internet, China has clear strategies on internet governance, covering everything from the digital economy to terrorism.2 Its government and corporations are making significant investments in physical internet infrastructure, gaining control of valuable underwater cables in the Asia Pacific.3 Further, China’s government has begun pushing its policies within international organizations such as the International Telecommunications Union (ITU) and other standards bodies.4 Chinese policymakers have also made clear their prioritization of “cultural security” and “innovation security,” which collectively safeguard the domestic online environment from internal and external threats.5
China’s cyberspace strategy is “vastly different” from that of its liberal-democratic counterparts—perhaps foremost in its acceptance of the internet reality.6 Its government addresses security issues, digital and otherwise, head-on.7 But China’s policy is also cohesive: as one scholar puts it, “Beijing has moved to rapidly…[to] construct a policy and regulatory framework spanning cybersecurity, the digital economy, and online media content—all under one mantel.”8
The Chinese and Russian governments have long emphasized security of the state over ideas of openness, resilience, and decentralization (online as much as offline).
Similar to China, Russia actively seeks to control the internet governance narrative in its favor through the “politicization of global cyber issues”9 and its use (and export)10 of SORM-3, a system enabling mass censorship and surveillance.11 Russia consistently pushes norms in the ITU, the Internet Corporation for Assigned Names and Numbers (ICANN), and the Internet Governance Forum (IGF) to uphold multilateralism12 over the West-favored multi-stakeholder approach.13 And its leadership acknowledges the fundamental use of the internet as a foreign policy tool, viewing cyberspace as a “chaotic domain…which reinforces global anarchy.”14 Russian treatment of the internet ties in visibly with its other economic, social, and political goals.
On the point of multilateralism, China and Russia actively cooperate on international cyberspace issues, signing a joint letter to the UN General Assembly in 2015 on an “international code of conduct for information security.” In addition to emphasizing the importance of sovereignty in cyberspace, it called for others “not to use information and communications technologies and information and communications networks to carry out activities which run counter to the task of maintaining international peace and security.”15 This comes back to China and Russia’s mutually-held idea that online information is “a potential threat to their political stability that demands tight controls.”16
These countries’ visions of the internet may not be desirable, but that does not mean their underlying assumptions (e.g., its insecurity) are flawed. It also does not imply a lack of consistent messaging: China and Russia actively pass laws in support of their own security-centric internet policies, from banning encrypted messenger Telegram17 and broadly regulating online discourse18 to controlling gateways to the global internet19 and punishing search engines that link to banned Virtual Private Networks (VPNs).20 The same goes for authoritarian countries such as Iran, where violations of net neutrality21 are consistent with their professed internet strategy.22
These countries’ visions of the internet may not be desirable, but that does not mean their underlying assumptions are flawed.
In contrast, many liberal-democratic laws and policies—that is, what happens in practice—may not align with their governments’ visions. The United States repealed its protection of net neutrality in June 2018,23 a core element of an open internet. While the European Union is still officially committed24 to net neutrality, some argue this falls short in practice.25 National cyber defenses, such as the United Kingdom’s filtering of threats at the border,26 run directly in the face of complete openness, as do the majority of liberal-democratic countries whose surveillance programs aggressively monitor the flow of online information.27
In 2015, Freedom House named France as the nation with the second-greatest annual increase in internet censorship, in that case due to blowback from the terrorist attacks against Charlie Hebdo.28 Censorship laws similarly passed in the name of domestic security have gained foothold in the United States,29 Germany,30 Canada,31 and the United Kingdom,32 to name several others. Again, this may be for legitimate reasons, but the passage of these laws represents at least some shift away from the idea of internet openness, freedom, and interoperability and further toward the idea of the internet’s inherent vulnerability and capacity for harm.
The United States permits challenges to internet resilience, allowing only a few internet service providers to control a significant amount of traffic.33 Some argue this is a byproduct of the United States’ capitalist approach to the technology market,34 but the centralization of control over internet architecture is at least evident. This challenges internet security insofar as single centers hold valuable access to high volumes of traffic (a goldmine for hackers and foreign nation-states wishing to spy on American internet communications).
The passage of these censorship laws represents at least some shift away from the idea of internet openness, freedom, and interoperability and further toward the idea of the internet’s inherent vulnerability and capacity for harm.
All of this said, most liberal-democratic nation-states strongly disagree with Russia, China, and other authoritarians on how to govern the internet; the U.S. government, for instance, does not hire citizens to pervasively spread propaganda (as with China35 and Russia).36 The Netherlands, to use another example, is known for open sharing of online information rather than aggressive internet censorship.37 So the challenging of one’s own principles does not necessarily (and in this case, does not) constitute full alignment with authoritarian nation-states. However, liberal-democratic countries still need to shift their stances from the total ideal of freedom, openness, interoperability, security, and resiliency to one that is more attuned with today’s reality—raising the question of how this should be done.
Recognizing that the five characteristics of the idealized internet are a departure from the internet reality—what is a series of increasingly restricted, vulnerable, centralized, and often sovereign networks—we have built the following framework38 to identify pitfalls, gaps, and tensions in the liberal-democratic policy community’s idealized portrait of the global internet. Importantly, this idealized version of the internet is not necessarily the same as that of the initial internet founders, technology companies, or internet users. Instead, it is an interpretation of the picture painted of the internet by liberal-democratic policy statements. It therefore serves as a baseline from which we can analyze current policies towards the internet (e.g., mapping and understanding the divergence from the baseline).
This, we believe, is where our framework proves useful. Highlighting the gap between the ideal and the reality allows us to better understand the challenges and tensions at play, from the physical wires that compose the global internet to the laws and social norms that shape its pervasive impact. Furthermore, understanding this gap helps us better understand the implications of policies and may assist in identifying just how far liberal-democratic societies are willing to push their internet regulations and restrictions in pursuit of cyber and broader security.
Citations
- Greg Wilford, “China Launches Internet Crackdown to Make it Harder for People to Avoid Its ‘Great Firewall,’” August 6 2017, source.
- Tian Shaohui (ed.), “International Strategy of Cooperation on Cyberspace,” March 1 2017, source.
- Dwayne Winseck, “The Geopolitical Economy of the Global Internet Infrastructure,” 2017, source, 241 & 261.
- China has used its growing participation in international standards bodies to promote its vision of the global internet, a clearly-defined goal in Chinese internet strategy. [See: Elsa Kania, Samm Sacks, Paul Triolo, and Graham Webster, “China’s Strategic Thinking on Building Power in Cyberspace,” September 25 2017, source.] Russia has done the same, “blurring the lines between internet governance and cyber security” in pursuit of its preferred cyber policies. [See: Julien Nocetti, “Contest and Conquest: Russia and Global Internet Governance,” 2015, source, 121.]
- Jan Fell, “Chinese Internet Law: What the West Doesn’t See,” October 18 2017, source.
- Gabi Siboni and Ofer Assaf, “Guidelines for a National Cyber Strategy,” 2016, source, 32.
- Rogier Creemers, Paul Triolo, Samm Sacks, Xiaomeng Lu, and Graham Webster, “China’s Cyberspace Authorities Set to Gain Clout in Reorganization,” March 26 2018, source.
- Samm Sacks, “China’s Emerging Cyber Governance System,” n.d., source.
- Julien Nocetti, “Contest and Conquest: Russia and Global Internet Governance,” 2015, source, 112.
- Peter Bourgelais, “Commonwealth of Surveillance States: On the Export and Resale of Russian Surveillance Technology to Post-Soviet Central Asia,” 2013, source, 2.
- Andrei Soldatov and Irina Borogan, “Inside the Red Web: Russia’s Back Door onto the Internet – Extract,” September 8 2015, source.
- Julien Nocetti, “Contest and Conquest: Russia and Global Internet Governance,” 2015, source, 121-123.
- The multilateral model of internet governance, while argued on the basis of inclusive, transnational consensus-building around internet issues, risks centralizing control of the internet in the hands of governments. As Vint Cerf, a founder of the net, noted over 10 years ago, “Internet is used by a billion users around the world, it’s not strictly a purely governmental thing to control, and that’s why you need this multi-stakeholders structure to make sure all the prospects are respected.” [See: Pedro Fonseca, “Cerf Sees Government Control of Internet Failing,” November 14 2007, source.] The Federal Communications Commission and others have also documented problems with a multilateral approach. [See: Michael O’Rielly, “International Efforts to Regulate the Interent Continue,” April 21 2017, source.]
- Julien Nocetti, “Contest and Conquest: Russia and Global Internet Governance,” 2015, source, 116-117.
- See: United Nations General Assembly, “International Code of Conduct for Information Security,” January 9 2015, source, 4.
- Geoff Van Epps, “Common Ground: U.S. and NATO Engagement with Russia in the Cyber Domain,” 2013, source, 27.
- Vlad Savov, “Russia’s Telegram Ban is a Big, Convoluted Mess,” April 17 2018, source.
- ChinaFile, “Document 9: A ChinaFile Translation,” November 8 2013, source.
- Freedom House, “Freedom on the Net 2017: China,” 2017, source.
- Mohit Kumar, “Russia to Fine Search Engines for Linking to Banned VPN Services,” June 9 2018, source.
- Freedom House, “Freedom on the Net 2017: Iran,” 2017, source.
- For greater discussion of Iranian cyber strategy, see: Collin Anderson and Karim Sadjadpour, “Iran’s Cyber Threat: Espionage, Sabotage, and Revenge,” 2018, source, 11 & 25; Brad D. Williams, “Iran’s Cyber Strategy: A Case Study in Saudi Arabia,” February 7 2017, source; and Michael Eisenstadt, “Cyber: Iran’s Weapon of Choice,” January 29 2017, source.
- Jeremy B. White, “Net Neutrality Rules Officially Repealed in the United States,” June 11 2018, source.
- Saleem Bhatti, “Net Neutrality May be Dead in the US, But Europe is Still Strongly Committed to Open Internet Access,” January 5 2018, source.
- Andrei Khalip and Agnieszka Flak, “False Paradise? EU is No Haven of Net Neutrality, Say Critics,” December 15 2017, source.
- See: Ian Levy, “Active Cyber Defence – Tackling Cyber Attacks on the UK,” November 1 2016, source; and Government of the United Kingdom, “National Cyber Security Strategy 2016-2021,” 2016, source, 10 & 63.
- Dustin Volz, “Trump Signs Bill Renewing NSA’s Internet Surveillance Program,” January 19 2018, source. Also see: Ryan Gallagher and Henrik Moltke, “The Wiretap Rooms: The NSA’s Hidden Spy Hubs in Eight U.S. Cities,” June 25 2018, source.
- Freedom House, “Privatizing Censorship, Eroding Privacy: Freedom on the Net 2015,” 2015, source, 2 & 3.
- Sarah Jeong, “A New Bill to Fight Sex Trafficking Would Destroy a Core Pillar of Internet Freedom,” August 1 2017, source.
- Patrick Evans, “Will Germany’s New Law Kill Free Speech Online?” September 18 2017, source.
- Aaron Mackey, Corynne McSherry, and Vera Ranieri, “Top Canadian Court Permits Worldwide Internet Censorship,” June 28 2017, source.
- Matt Burgess and Liat Clark, “The UK Wants to Block Online Porn. Here’s What We Know,” May 8 2018, source.
- Sascha Segan, “Exclusive: Check Out the Terrible State of US ISP Competition,” December 15 2017, source.
- Rick Karr, “Why is European Broadband Faster and Cheaper? Blame the Government,” June 28 2011, source.
- Rongbin Han, “Manufacturing Consent in Cyberspace: China’s ‘Fifty-Cent Army,’” 2015, source, 111-114.
- Daisy Sindelar, “The Kremlin’s Troll Army,” August 12 2014, source.
- Freedom House, “Freedom on the Net 2017: Netherlands,” 2017, source.
- This is the first version (1.0) of the framework and will be iteratively updated as needed.