A bill to combat Internet abuse of democracy advocates and religious believers by repressive regimes cleared its first major hurdle to becoming law late this week when it was passed unanimously by a House foreign policy panel that oversees human rights.

    Authored by Rep. Chris Smith (R-NJ), Chairman of the Subcommittee on Africa, Global Human Rights, and International Operations, The Global Online Freedom Act (HR 4780) prohibits US Internet companies from cooperating with repressive regimes—like China—that restrict information about human rights and democracy on the Internet and use personally identifiable information to track down and punish democracy activists.

    “The Internet has been a success because it quickly provides information to its more than 972,000,000 users globally. The growth of the Internet and other information technologies can be a force for democratic change if the information is not subject to political censorship,” said Smith.

    Smith introduced his legislation just days after he convened a day long landmark hearing at which representatives from the major US Internet firms, Microsoft, Google, Yahoo! and Cisco Systems testified that they have complied with censorship laws and/or provided personally identifiable information about Internet users to repressive regimes in countries where they do business. Smith has pointed out that in some cases like that of Chinese journalist Shi Tao, the government has used the information to prosecute and imprison pro-democracy activists. Tao is now serving 10 years for sending an e-mail about the anniversary of Tiananmen Square. Smith added there are an estimated 49 cyber-dissidents and 32 journalists who have been imprisoned by the communist regime in China. 

    “China has forced U.S. companies operating in China specifically Yahoo!, and perhaps others to hand over personally identifiable user information used to convict and imprison democratic activists on trumped up charges,” said Smith. “American IT companies who thrive on sharing information and ideas should not be complicit in aiding the repressive Chinese government in censoring and suppressing dissent,” he said.

    While Smith highlighted the “Golden Shield,” project in China which censors the Internet and prevents Chinese citizens from accessing accurate and unbiased information, he listed other regimes that censor human rights information as well.

    “Unfortunately, authoritarian regimes including Belarus, Cuba, Ethiopia, Iran, Laos, North Korea, Tunisia, and Vietnam as well as China all block, restrict, and monitor the free flow of information on the Internet. Web sites that provide uncensored news and information, such as the web sites of the Voice of America and Radio Free Asia, are routinely blocked in such countries.”

    To combat these abuses, Smith’s Global Online Freedom Act:

• Prohibits US companies from disclosing to foreign officials of an “Internet Restricting Country” information that personally identifies a particular user except for “legitimate law enforcement purposes”
• Creates a private right of action for individuals aggrieved by the disclosure of such personal identification to file suit in any US district court.
• Prohibits US internet service providers from blocking or removing online content of US government or US-government financed sites
• Authorizes $50 million for a new interagency office within the State Department charged with developing and implementing a global strategy to combat state-sponsored internet jamming by repressive countries;
• Requires the new Office of Global Internet Freedom to monitor filtered terms; and to work with Internet companies and the non-profit sector to develop a voluntary code of minimum corporate standards related to Internet freedom.
• Requires Internet companies to disclose to the new Office of Global Internet Freedom the terms and data they filter and the parameters they must meet in order to do business in Internet Restricting Countries
• Requires the President to submit to Congress an annual report designating as an “Internet Restricting Country” any nation that systematically and substantially restrict internet freedom
• Establishes civil penalties for businesses (up to $2 million) and individuals (up to $100,000 for violations of the new requirements
• Mandates a feasibility study, by the Department of Commerce, to determine what type of restrictions and safeguards should be imposed on the export of computer equipment which could be used in an Internet Restricting country to restrict Internet freedom.

    “The US government and US companies must stand with the oppressed, not the oppressor,” Smith said. “My bill draws a bright line and ensures that American companies are not providing the tools to corrupt and cruel secret police or partnering with regimes that violate basic human rights.”