A U.S. senator plans to introduce legislation that would impose criminal or civil penalties on U.S. Internet companies that bow to pressure of foreign governments and violate human rights.
Senator Dick Durbin, an Illinois Democrat, gave few details about the proposed bill during a hearing of the Judiciary Committee's Human Rights and the Law Subcommittee Tuesday, but he said the legislation would seek to impose penalties on U.S. companies that violate the human rights of bloggers, activists and other Internet users living in repressive nations.
U.S. companies are too often bowing to pressure from other governments to censor Internet content or help track down human rights activists, said Durbin, the subcommittee chairman. Durbin asked several U.S. tech companies, including Facebook, Twitter, McAfee and Apple, to testify at Tuesday's hearing on global Internet freedom, but they declined, he said.
"With a few notable exceptions, the technology industry seems unwilling to regulate itself and unwilling even to engage in a dialogue with Congress about the serious human rights challenges that the industry faces," Durbin said. "In the face of this resistance, I have decided it's time to take a more active position."
The proposed legislation would require Internet companies to take "reasonable steps" to protect human rights, Durbin said. "I recognize that the technology industry faces difficult challenges when they deal with repressive governments," he added. "But we have a responsibility in the United States, and Congress shares in that responsibility, to ensure that American companies are not complicit in violating freedom of expression."
Durbin also complained that most Internet companies have so far not joined the Global Network Initiative (GNI), a group launched in October 2008 to help protect freedom of expression and privacy online. Google, Microsoft and Yahoo are the only Internet firm participants in GNI.
Durbin targeted Facebook for some of his criticism. Facebook told Durbin that it takes down some content when it violates local laws, he said.
When he asked Facebook why it was not part of GNI, the company said it didn't have the resources to participate in the group and it didn't have operations in China, one of the nations most identified with censorship, he said. But GNI dues are a maximum of US$60,000, Durbin said.
About 70 percent of Facebook's users are outside the U.S. The company, and others like it, could benefit from the dialog at GNI, said Michael Posner, assistant secretary for democracy, human rights and labor at the U.S. Department of State. Companies need to work collectively to combat censorship and human rights abuses, Posner said.
Durbin noted that Facebook had asked for the State Department's help when it was blocked in Vietnam. "If Facebook expects our government to help resolving efforts to censor its service, it only seems reasonable that they accept some responsibility themselves for addressing human rights issues," Durbin said.