The three companies are amongst those who have signed
up to the Global Network Initiative (GNI), an organisation formed
to promote a set of principles by which its members agree to
abide.
Search engine and internet companies have faced controversy in
the past because of governments' demands for information about the
online activities of citizens, often political opponents.
Yahoo! faced criticism across the world after it handed user
information to Chinese authorities who then identified and jailed
dissident bloggers. Google has faced enduring criticism about the
way it handles the massive amounts of data it gathers on users, and
about reported government censorship of search results in
China.
The GNI principles, though, commit the companies to opposing
such requests even if they are in line with domestic law.
"When required to restrict communications or remove content,
participating companies will … challenge the government in domestic
courts or seek the assistance of relevant government authorities,
international human rights bodies or non-governmental organizations
when faced with a government restriction that appears inconsistent
with domestic law or procedures or international human rights laws
and standards on freedom of expression," said the principles.
GNI guidance on how to apply the principles said that companies
need not challenge every single request received.
"It is recognized that it is neither practical nor desirable for
participating companies to challenge in all cases," it said.
"Rather, participating companies may select cases based on a range
of criteria such as the potential beneficial impact on freedom of
expression, the likelihood of success, the severity of the case,
cost, the representativeness of the case and whether the case is
part of a larger trend."
The companies have also agreed to change their data collection
policies according to the dangers presented by national governments
to the security of that information.
"Participating companies will assess the human rights risks
associated with the collection, storage, and retention of personal
information in the jurisdictions where they operate and develop
appropriate mitigation strategies to address these risks," said the
principles.
The new body has been created to promote good privacy practice
and the rights of internet users to communicate freely and in
privacy, it said.
"The Initiative is founded upon new Principles on Freedom of
Expression and Privacy – supported by specific implementation
commitments and a framework for accountability and learning – that
provide a systematic approach for companies, NGOs, investors,
academics and others to work together in resisting efforts by
governments that seek to enlist companies in acts of censorship and
surveillance that violate international standards," said the
body.
Its members include campaigning groups such as the Center for
Democracy and Technology and Human Rights Watch as well as
investors and Google, Microsoft and Yahoo!.
"We have joined this initiative because we know that a wide
range of groups working together can achieve much more than the
company acting alone. The principles we're announcing today are
universal," said Andrew McLaughlin, director of global public
policy at Google.
"Yahoo! was founded on the belief that promoting access to
information can enrich people’s lives, and the principles we unveil
today reflect our determination that our actions match our values
around the world," said Yahoo! founder and chief executive Jerry
Yang. "These principles provide a valuable roadmap for companies
like Yahoo! operating in markets where freedom of expression and
privacy are unfairly restricted."
Companies which join the GNI will submit themselves to
independent audits of the degree to which they are complying with
its principles, the GNI said.
"Participants will be held accountable through a system of (a)
transparency with the public and (b) independent assessment and
evaluation of the implementation of these Principles," it said.
"Thanks to hard work and cooperation from all parties, the
Initiative sets the kinds of standards and practices that all
companies and groups should use when governments threaten
internationally recognized rights to free expression and privacy,"
said Google's McLaughlin in a statement.
"The Global Network Initiative also offers an important
commitment from all parties to take action together to promote free
expression and protect privacy in the use of all information and
communication technologies," he said. "We know that common action
by these diverse groups is more likely to bring about change in
government policies than the efforts of any one company or group
acting alone."
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