American - Journalist | September 16, 1969 -
The Patriot Act, passed overwhelmingly but hastily after 9/11, allows the FBI to obtain telecommunication, financial, and credit records without a court order.
Rebecca MacKinnon
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We're going to get the Internet we deserve, and those people who are the most active in shaping the Internet to their liking are going to win out.
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I haven't heard of any cases of anti-American blog posts being censored or bloggers encountering consequences for anti-American speech on the web in China.
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Right after September 11, 2001, there weren't really any blogs in China, but there were a lot of Chinese chatrooms - and there were a lot of conversations in which Chinese netizens were saying things like, 'served them right.' That was definitely not the official Chinese government policy - which condemned the terrorists.
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I lived in China for 9 years straight. I saw how my Chinese friends benefited and gained much more freedom to determine the course of their lives, their jobs, their creative works, and their identities over the course of a decade. Much of this increased freedom is thanks to economic engagement by the West.
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I do not know of a Chinese blogger who has gone to jail, but I know several who have had their blogs shut down. I also know some Chinese bloggers who have received threatening phone calls from police warning them to 'be careful.' In some cases, they stopped blogging for a while.
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Any new legal measures, or cooperative arrangements between government and companies meant to keep people from organizing violence or criminal actions, must not be carried out in ways that erode due process, rule of law and the protection of innocent citizens' political and civil rights.
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For years, members of Congress have heard from constituents who want them to protect the nation from crime, terrorism and intellectual property violation. They have not faced equally robust demands that online rights and freedoms be preserved.
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Congress may not get the Internet, but the Internet doesn't get Congress, either.
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Every year in China, Internet executives are officially rewarded for their 'patriotism.'
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'Intermediary liability' means that the intermediary, a service that acts as 'intermediate' conduit for the transmission or publication of information, is held liable or legally responsible for everything its users do.
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It's much easier to force intermediary communications and Internet companies such as Google to police themselves and their users than the alternatives: sending cops after everybody who attempts a risque or politically sensitive search, getting parents and teachers to do their jobs, or chasing down the origin of every offending link.
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