“The bourgeoisie, by the rapid improvement of all instruments of production, by the immensely facilitated means of communication, draws all, even the most barbarian, nations into civilization,” declared Karl Marx in The Communist Manifesto. These days, authoritarian regimes of all sorts find such "immensely facilitated means of communication” alarming, most especially the intellectual heirs of Marx who rule the People’s Republic of China. And nothing has facilitated communication more immensely than the spread the Internet across the globe in the past two decades. Now nearly 2 billion people use the Internet, some 400 million of them in China.
China’s rulers have attempted to deny their citizens Internet access to subversive ideas by constructing the Great Firewall of China—or as the Chinese Ministry of Public Security prefers to call it, the Golden Shield Project. The Firewall was instituted in 1998 and censorship has grown increasingly strict ever since. It is estimated that some 30,000 people are employed by the Ministry of Public Security to monitor and block offending websites. The Firewall prevents Chinese citizens from accessing at least 18,000 foreign websites, including such subversive sites as Twitter and YouTube. Given the Chinese government’s attitude toward critical reporting, I used Website Test to find that the access to the nonprofit Committee to Protect Journalists* website is blocked.
Recently the controversy over the Firewall heated up in the wake of a series of hacker attacks on the gmail accounts of Chinese human rights activists. Spurred by this intrusion, last month Google announced, “We have decided we are no longer willing to continue censoring our results on Google.cn, and so over the next few weeks we will be discussing with the Chinese government the basis on which we could operate an unfiltered search engine within the law, if at all.” Google entered the Chinese market in 2006 with the launch of Google.cn.
When China joined the World Trade Organization (WTO) in 2001 it agreed that foreign service companies would have the same access to markets in China as domestic companies do. Now the European Union and the U.S. Trade Representative office are considering an argument that the Great Firewall violates China’s obligations to permit free trade in services under its agreements with the WTO. Last year, in a working paper titled Protectionism Online: Internet Censorship and International Trade Law, the European Centre for International Political Economy (ECIPE) think tank argued that “WTO member states are legally obliged to permit an unrestricted supply of crossborder Internet services.”
Since 2007, the California First Amendment Coalition (CFAC) has been pushing the U.S. Trade Representative to file a case against China on the grounds that it has been violating its WTO obligations. CFAC argues that, among other violations, China discriminates against foreign suppliers of Internet services by blocking them at the border while allowing domestic suppliers to offer like services. In addition, China has violated its commitments not to introduce or apply non-tariff measures when it joined the WTO by blocking a number of imported products without explanation or justification. China has also not set up any administrative procedures through which foreign suppliers of online services could appeal the blocking of imported publications and content.
Based on precedent, the ECIPE report argues that the WTO would very likely find that China’s censorship is a breach of its free trade obligations. For example, last year the WTO ruled that China was violating its obligations to allow foreign enterprises and individuals to import, either physically or via electronic means, reading materials, audiovisual home entertainment products such as DVDs, music and other sound recordings, and films for theatrical release. In international contexts, China is often a stickler that insists that other countries adhere to their agreed upon treaty obligations, so there is some possibility that China would lower its Firewall if the WTO ruled against it.
But a ruling from the WTO doesn't necessarily come anywhere close to guaranteeing that China will open up Internet access. “Not all WTO rulings...result in actual compliance,” the ECIPE report notes, with a certain understatement. “The member found to be employing WTO-inconsistent measures might decide to continue to use them and accept the consequent retaliation.” Generally, if a country refuses to accept a WTO ruling other countries can retaliate by imposing tariffs on goods and services from that country. For example, the WTO found that the European ban on the import of beef from the U.S. that had been treated with growth hormone is based on specious health concerns and is not compatible with its WTO obligations. When the European Union refused to lift the ban, the U.S. imposed retaliatory tariffs on such European products as Roquefort cheese. If the WTO found that China’s censorship was a violation of its commitments to free trade in services, but nevertheless refused to lift it, China could either accept retaliatory tariffs or withdraw its commitments and pay compensation to companies that had been adversely affected by the censorship.
A spokeswoman for the trade representative's office recently told Agence France-Presse, “This is a very complex area that we continue to think through, in consultation with interested groups including the First Amendment Coalition and have not made any decisions one way or another.” Google’s stand against Chinese censorship offers the Obama administration an opportunity to put pressure on China to open up its information markets, especially by filing of a WTO case. As Karl Marx also noted in The Communist Manifesto, commerce is the “heavy artillery” that “batters down all Chinese walls.” It will be commerce that brings down the Great Firewall of China as well.
Ronald Bailey is Reason's science correspondent. His book Liberation Biology: The Scientific and Moral Case for the Biotech Revolution is available from Prometheus Books.
*Disclosure: I have been making small donations to the
Committee to Protect Journalists for a number of
years.
Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time.
Alan Vanneman|2.2.10 @ 3:19PM|#
Commerce the "heavy artillery" that "batters down Chinese walls"? Let's hope Karl got it right, for once. Still, the Eighteenth Brumaire is a good read, much better than the totally over-rated "Critique of the Gotha Programme."
Slap the Enlightened!|2.2.10 @ 3:19PM|#
Sure. It's not as if we're averse to pissing off the Chinese, anyway, are we?
|11.24.10 @ 5:41AM|#
It's amazing what lengths the Chinese government will go to control their public and stop puppy barking. Mass firewalling of their internet access now? What's next?
Chris|2.2.10 @ 3:23PM|#
If we could only get them to stop trying to convince me that fish eyes and tripe are good eats I'll be happy.
Chinese President's Translator|2.2.10 @ 3:31PM|#
Do I look like Mrs. Obama? I asked, do I look like Mrs. Obama? If I don't look like Mrs. Obama then WHY ARE YOU TRYING TO MAKE SEX WITH ME!?!?!
|2.2.10 @ 3:43PM|#
The Great Firewall of China violates the country's commitments to crossborder free trade in services as a member of the World Trade Organization.
How many times do President Obama, the Communist Party of China and people like me have to denounce you all as ideologues before you finally give up on liberty and free markets?
The Ghost of Frank Zappa|2.2.10 @ 3:50PM|#
Barry, this could be a very dynamite show!
|2.2.10 @ 4:28PM|#
Commerse clause for the world?
I have a feeling that China would argure that any agreement they make with the WTO does not usurp their rights on national defense issues.
oaktownadam|2.2.10 @ 5:38PM|#
I have a feeling the US would make the same argument.
|2.2.10 @ 6:27PM|#
Wasn't there just an article in H&R about the back door in Google that was used to hack emails in China. As I recall the back door was installed at the insistence of the U.S. government that wanted a way to snoop on emails on our side.
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HeadTater|2.2.10 @ 4:35PM|#
Reason isn't blocked in China according to the Web Test.
I say we invade China and force them to follow human rights rules. It worked so well in Iraq and Afghanistan.
Jeff P|2.2.10 @ 5:02PM|#
We'll need to borrow some money from them to pay for it first...
Chris|2.2.10 @ 8:11PM|#
+1
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|2.2.10 @ 5:01PM|#
This would be a great idea for the US if the US were in compliance after essentially losing a suit against it by Antigua and Barbuda over the Illegal Gambling Business Act. I don't believe that's the case, though.
http://www.wto.org/english/tra.....s285_e.htm
I take this to be the same part of the WTO agreement as that under which the Firewall would be disputed. Admittedly, there isn't a clause banning hypocrisy on the part of WTO complainants.
|2.2.10 @ 5:33PM|#
some fed: You're right. The problem is that the USTR has no way of persuading the buffoons in Congress into repealing their legislation outlawing online gambling. Consequently, the U.S. will have endure retaliatory tariffs or perhaps compensate foreign online casinos across the globe for their losses.
|2.2.10 @ 6:04PM|#
A government like the US is willing to remain out of WTO compliance for the sake of a half-hearted blue law and domestic gambling interests. Will a government like China's be willing to remain out of WTO compliance to keep a billion people from freely getting information it considers a threat to its very existence?
Trade is a lot more important to China's economy than that of the US, but how high would damages have to be to convince China to abandon a project to which it's already committed untold sums of money and tens of thousands of enforcers?
If the damages from such a dispute result were just short of that persuasive amount--if all that came out of this were an WTO award of damages, everybody will lose except US and EU protectionists (just like EU protectionists are trying to forge a baptist-bootlegger pact to get tariffs on countries soft on global warming).
It's trains of thought like these that make me amazed the WTO works at all.
|2.3.10 @ 6:13PM|#
The biggest difference is that the laws in the US are written by a bunch of popularly elected buffoons who get to keep their jobs because they do what they think the voters think they want. They primarly get their notions of what the voters think from lobbyists, grass roots activists and other special interest groups. This means that while some namby-pamby world court may tell us what those brooks brother wearing elites THINK is the right thing, their are a lot of other bits stuffed into the sausage casing.
Other countries, with different methods of making laws, have easier or harder times complying. Oddly enough, the less free the country, the easier it is for the administrators to choose their level of compliance.
You appear to wish we were in compliance with the WTO on this. How about compliance with the UN on small arms control, or that we had gone ahead and ratified the Kyoto Accords?
Democracy, even the crappy half-assed version we have is messy.
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|2.3.10 @ 1:11AM|#
Didn't the US jail someone for distributing broadcast of al-Manar TV? Didn't the US ban Al-Manar and Al-Aqsa TV stations?
oaktownadam|2.2.10 @ 5:36PM|#
Here's some timey info: CNNIC, an agent of the Chinese Government, has been granted Trusted Root CA status in Firefox 3.6:
https://bugzilla.mozilla.org/show_bug.cgi?id=476766&
oaktownadam|2.2.10 @ 5:36PM|#
Er, timely. That'll teach me not to use the preview button.
Pingback| 2.3.10 @ 12:05PM
ChinaClip - Battering Down the Great Firewall of China – Reason Magazine links to this page. Here’s an excerpt:
Pingback| 2.3.10 @ 1:21PM
Reformed Conservatism Blocked in China « Reformed Conservatism links to this page. Here’s an excerpt:
Pingback| 2.4.10 @ 2:33PM
Battering Down the Great Firewall of China – Reason Magazine | China Law | China's La links to this page. Here’s an excerpt:
|2.5.10 @ 12:31AM|#
I lived in China almost 3 years and am quite familiar with that retarded grey hold on the other side of the Pacific. Nearly all Chinese people I spoke with were unaware that the internet was censored at all and would say something like "I thought the webpage was broken" when a page wouldn't load. Lately, facebook has been blocked, youtube went down about a year ago, etc. Despite its rise, I think it's conceivable that the whole country could collapse if the people ever figured out how badly their lives were being scammed by the corrupt mob that runs the country.
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|2.5.10 @ 12:36AM|#
by the way: if you're in china, it's extremely easy to circumvent the block simply by going to a proxy server website that scrambles your IP address. I did this whenever I really needed to check something out. Don't know why they even bother blocking the internet in light of this. 99% of the content they block could in no way be contrued as controversial anyway and the whole effort is a complete waste of time and money.
I think youtube might have been cut because of bandwidth reasons. There were some videos about Tibet, the Dalai Lama, etc. that pissed off the government, but the networks there are slow as shit and video sites eat up a lot of the capacity. I think this had something to do with it.
Pingback| 2.5.10 @ 5:04AM
Battering down the great firewall of China - Viewsflow links to this page. Here’s an excerpt:
Pingback| 2.6.10 @ 7:52AM
Instapundit » Blog Archive » RON BAILEY: How the World Trade Organization could open links to this page. Here’s an excerpt:
|2.6.10 @ 9:21AM|#
"Now the European Union and the U.S. Trade Representative office are considering an argument that the Great Firewall violates China’s obligations to permit free trade in services under its agreements with the WTO."
This sounds like an argument for striking down the restrictions on corporations in expressing their opinions about politicians that the Supreme Court just struck down and that Obama promised to raise the Golden Shield censorship law again.
Perhaps the Chinese Trade Representative could bring that up in DC. ;^)
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Thanks I agree with this comment, it actually makes sense!
Pingback| 2.6.10 @ 11:25PM
Battering Down the Great Firewall of China « Gyrovague's Raves links to this page. Here’s an excerpt:
Pingback| 2.9.10 @ 2:32AM
Last Week’s Top 5 Hits at Reason.com - www.hostzi.com - deep web news radio links to this page. Here’s an excerpt:
John Higgins|5.25.10 @ 1:46PM|#
Internet access was always an issue in China, I don't know if it's the good way how the handle all this right now! Great post btw!
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I simply couldn't imagine not having free access to any information I like. The BBC is one of the most solid and possibly the most unbiased and respected news source in the whole world, and yet China have only just allowed their people access!
It frustrates me so much! And even though they have accepted it, they still censor and filter some of it. It makes my blood boil, it really does!
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China is trying to press the freedom of speech by creating such firewalls. Its really surprising that search engine giant, Google left China because of these restrictions. Dog House
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Simon|7.24.10 @ 8:38AM|#
The Great Firewall of China violates the country's commitments to crossborder free trade in services as a member of the World Trade Organization.
Internet'acess is great issue always with China.
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It is all about competition. Command economies want to be competitive but fail in the long run when control becomes politically unsustainable. Look at Wikileaks.
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It is all about competition. Command economies want to be competitive but fail in the long run when control becomes politically unsustainable. Look at Wikileaks
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